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HomeMy WebLinkAboutResolution - 2020-R0171 - Professional Services COntract 15317, Freese and NicholsResolution No. 2020-R0171 Item No. 7.6 May 26, 2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ,rI-IAT the Mayor of the City of l.ubbock is hereby authorized and directed to execute for and on behalf' of the City of Lubbock, Professional Services Contract No. 15317 to provide services for the design of 1 14"' Street, from Indiana Avenue to Quaker Avenue, by and between the City of Lubbock and Freese and Nichols, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on May 26 2020 DANIE1, M. POPE. MAYOR T AT`l'EST: Reb cca Garza, City Secret APPROVED AS TO CONTENT: 7W� am Jesica aehcrn, Assi City Manager APPROVED AS "CO DORM: K °Ili Leisure, Assistant City Attorney ccdocs/R) S.PSA-No, 15317 — Design of 1 IMP'' Street, Indiana Ave to Quaker Ave May 8, 2020 Resolution No. 2020-RO171 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement') Contract No. 15317 is entered into this 26th day of May , 2020, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Freese and Nichols, Inc., (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for the design of 110 Street, from Indiana Avenue to Quaker Avenue, (the "Activities"); and WHEREAS, the Engineer has a professional staff experienced and is qualified to provide professional engineering services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional services related to the Activities, and Engineer desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Engineer hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a tern of three (3) years. If the Engineer determines that additional time is required to complete the Services, the City Engineer, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page 1 of 10 ARTICLE IL SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, in an amount not to exceed $894,150.00 for the design of 1141h Street, from Indiana Avenue to Quaker Avenue, as set forth on Exhibit "A", attached hereto (the "Services"). B. The Engineer shall receive as consideration to be paid for the performance of the Services as set forth in Exhibit "B", and at the rates set forth in Exhibit "C". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Engineer is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to tarty on its business in the State of Texas. Page 2 of 10 B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terns thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rate, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Engi racer's failure to perform this duty. ARTICLE VL SCOPE OF WORK The Engineer shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VIL INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Page 3 of 10 Agreement, the Engineer and the Engineer's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub -consultant of the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 The Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry, during the tern of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a Page 4 of 10 primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the Engineer fails to maintain the required insurance in full force and effect, the Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as `Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit "A", attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants, The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. Page 5 of 10 ARTICLE X. CONFIDENTIALITY The Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XL INDEMNITY THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XIL COMPLIANCE WITH APPLICABLE LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other parry at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. Page 6 of 10 B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: FREESE AND NICHOLS, INC Chris Bosco, P.E. 4055 International Plaza, Suite 200 Fort Worth Texas, 76109 Telephone: 8 t 7-735-7431 Facsimile: 817-735-7491 C. City's Address. The City's address and numbers for the purposes of notice are: Adam Nixon, P.E. City of Lubbock P.O. Box 2000 1625 lath Street Lubbock,Texas 79457 Telephone: 806-775-2344 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data'). The Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Engineer shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Engineer's books and records with respect to this Agreement between the Engineer and the City. Page 7 of 10 C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LU13BOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby, H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. 1. Entire Agreement. This Agreement, including Exhibits "A" through "C" attached hereto, contains the entire agreement between the City and the Engineer, and there are no other written or oml promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply ajoint venture, joint enterprise, partnership or principal — agent relationship between the Engineer and the City. Page 8 of 10 K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving parry's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Engineer. N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date, O. SB 252. SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. P. No Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 9 of 10 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK DANIEL M. POPE, MAYOR ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT Michael G. Keenum, P.E., CFM, Division Director of Engineering/City Engineer APPROVED AS TO CONTENT: Jo K 'stinek, P.E. Assistant City Engineer/Capital Project and Design 1051 APPROVED AS /.F/FO.1�RRM�::ATO nt City Attorney Finn Freese and Nichols, Inc. By: l� Chris Bosco, P.E. Page 10 of 10 EXHIBIT A SCOPE OF SERVICES FOR: 110 STREET, INDIANA AVENUE TO QUAKER AVENUE ENGINEERING DESIGN SERVICES PROJECT UNDERSTANDING The proposed project is 114`h Street, from Indiana Avenue to Quaker Avenue and consists of reconstructing and widening the existing 2 and 3-lane roadway to 5-lanes within the proposed limits. The intersections of 1141h Street at both Indiana Avenue and Quaker Avenue have recently been reconstructed for a 7-lane approach. These Intersections are excluded from the contract, except for changes that are necessary to tie the intersections to the improved section of 114" Street. The work to be performed by the ENGINEER shall consist of providing preliminary engineering services for the development of a schematic, environmental studies and technical reports in support of the schematic work, and public involvement for the project. After the project receives environmental and schematic approval from the Texas Department of Transportation, the ENGINEER will provide engineering services for the development of plans, specifications, estimate, utility relocation, right of way mapping and acquisition services. The project will include field survey, geotechnical investigation, pavement design, subsurface utility engineering (SUE), schematic, preliminary and final drainage design, environmental documentation, public involvement, utility coordination and utility conflict resolution, right-of-way (ROW) and easement determination, ROW and easement mapping, ROW appraisal and acquisition services, and plans, specifications and estimates (PS&E). All aspects of this scope, including the environmental documentation, schematic, PS&E, and ROW/easement mapping will be developed according to standards established by TxDOT and the Federal Highway Administration (FHWA) to meet eligibility requirements for state and federal funding. WORK TO BE PERFORMED BASIC SERVICES TASK 1. Preliminary Design (Schematic) Task 2. Final Engineering Design (PS&E) Task 3. Bid Phase Services SPECIAL SERVICES Task 4. Survey Task 5. Environmental Documentation Task 6. Geotechnical Investigation/Pavement Design Task 7. Subsurface Utility Investigations Task 8. ROW/Easement Acquisition Task 9. TDLR Permitting BASIC SERVICES: FNI shall render the following professional services in connection with the development of the Project: A-1 Task 1, Preliminary Design Phase (Schematic) A. Project Management i. Conduct a kick-off meeting with CITY. ii. Develop Project Management and Communications Plan III. Develop and Maintain Project schedule iv. Develop and Administer quality control (QA/QC) plan v. Prepare and Submit Monthly Progress reports vi. Prepare for and Conduct One (1) Targeted Stakeholder meeting vii, Action Item and Decisions Made documentation. viii. Conduct Project Status Meetings to monitor development of the project: a. Six (6) meetings with the City and/or TxDOT regarding project status and coordination issues. The first meeting will be a preliminary design concept conference(DCC). b. Four (4) design review meetings, one each at the following milestone submittals: 30%, 60%, 90%and 100%Schematic submittals. C. Prepare meeting agendas and distribute minutes Ix. Prepare Design Summary Report (DSR) and update throughout schematic design x. Project Administration: Prepare project correspondence and invoicing documents. B. Data Collection i. Conduct project site visit to observe existing conditions. li. In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will identify and seek to obtain data for existing conditions that may impact the project including: a. Existing applicable drainage studies and development submittals b. Survey coordination C. Environmental Documentation Coordination d, Geotech coordination e. SUE coordination f. Franchise Utility Coordination C. Roadway Schematic I. Prepare Schematic roadway design for the ultimate Minor Arterial A (5-lane arterial) a. Prepare typical sections Existing and Proposed Depict subgrade and pavement (develop TxDOT-compliant pavement design) b. Prepare preliminary plan and profile (roll plot format). Plan View: - Control data Existing/Proposed ROW/easements Existing topography Existing franchise utility locations (relying upon information provided by franchise utilities and data collected as part of the SUE Proposed roadway, traffic, pedestrian, drainage and utility improvements A-2 Profile View - Existing Ground Profile - Proposed vertical alignment at proposed center line - Proposed vertical alignment at gutter flow line - Proposed cross drainage culverts C. Prepare Design Cross Sections on 11" x 17" sheets D. Drainage i. Compile the hydrologic and hydraulic data. Use data from as -built plans, SWMP and FEMA maps to locate drainage outfall(s) and to determine existing storm sewer and culvert sizes, design flows, and water surface elevations for use in the design of roadway geometry. ii. Develop the project drainage area map iii. Determine conveyance paths, channel slopes, time of concentration, and runoff coefficients as required to calculate design -year flows. iv. Subdivide the overall drainage areas into sub -areas and calculate the discharge at each discharge location. v. Develop ICPR Existing and Proposed H&H Model and analyze results vi. Develop Proposed Roadway Profile to accommodate drainage needs vii. Analyze drainage improvements required to accommodate the new roadway viii. Evaluate the adequacy of the ROW needed to accommodate the proposed roadway and drainage system ix. Identify the appropriate TxDOT standard drawings to replace or extend existing culverts. Develop special details as needed for wingwalls, other culvert end treatment types, and handrails in locations where TxDOT standard drawings are deemed not applicable. X. Identify the need for and preliminary size of any necessary drainage easements to accommodate the proposed offsite drainage improvements. E. Utilities i. Graphically designate on the schematic the location of existing City utilities based upon information provided by the City and SUE survey information. ii. Identify public utility conflicts with proposed roadway F. Franchise Utilities i. Graphically designate on the schematic the location of existing franchise utilities based upon information provided by the City and SUE survey information. I. Identify franchise utility conflicts with proposed roadway iii. Distribute schematic design to franchise utility owners for preliminary coordination G. Traffic i. Indicate existing and proposed traffic volumes on the schematic document. ii. Traffic Signals— indicate on the schematic the intersections which warrant existing or future traffic signals. Hi. Traffic Control Plan — Consultant will develop a conceptual traffic control plan to determine how the project will be phased and constructed to provide access to adjacent properties during construction. A-3 Deliverables: 30% Submittal shall include: • Schematic Roll Plot • First draft DSR • Preliminary Opinion of Probable Construction Cost (OPCC) 60%and 90%Submittals shall include the following: • Schematic Roll Plot • Preliminary design cross sections • Preliminary Drainage Report: Identify the impacts to abutting properties and the 100-year floodplain due to proposed roadway improvements, identify the water surface elevations for the 2, 5, 10, 25, 50 and 100 year storm events, identify and locate outfalls, drainage outfall descriptions, provide overall drainage area map, sub -drainage area map, storm water detention facilities, and provide a drainage study report identifying the results of the study. The drainage report, signed and sealed by a professional engineer, shall include applicable hydrologic and hydraulic models such as HEC-RAS, HEC- HMS, ICPR, and other applicable models. • Updated OPCC TxDOT Submittal (100%) shall include the following: • Schematic Roll Plot • Design cross sections • Updated Design Summary Report • Updated OPCC • Final Drainage Report: If requested, the Engineer shall prepare a Final Drainage Study in accordance with the State's Hydraulic Design Manual, District criteria, and any specific guidance provided by the State. The Engineer shall not evaluate the adequacy of the existing drainage structures as part of the Basic Services. • Form 1002, Page 3 Task 2. Final Engineering Design (PS&E) A. Preliminary Engineering Design (60%): Preliminary plans and specifications shall be submitted to the City and TxDOT for review. Development of Preliminary Engineering Design Drawings shall be developed based on implementing suggested changes to the Conceptual Design and to also include: I. Temporary Traffic Control Plans to reflect proposed construction sequencing ii. A Project Control Sheet, showing all Survey Control Points M. Updated Typical Cross Sections iv. Roadway plan and profile sheets displaying station and coordinate data for all horizontal alignment P.C.'s, P.T.'s, P.I.'s; station and elevation data of all vertical profile P.C.'s, P.T.'s, P.I.'s, low points, and high points; lengths of vertical curves, grades, K values, e, and vertical clearances where required. v. Bearings given on all proposed centerlines, or baselines. vi. Intersection layout sheets including ROW lines, horizontal alignments, utilities, curbs, sidewalks, driveways, lane dimensions and arrows, and existing and proposed contours. vii. Preliminary roadway details to include curbs, curb expansion joints, driveways, sidewalks, and pavement details. A-4 viii. Culvert layout sheets showing location and size of all culverts, including existing and proposed Row lines, Rows, lengths and slopes of pipe, top of ground profile over pipe and connections to existing or proposed culverts. ix. Preliminary signing, pavement marking, and street lighting layouts. x. Maintain log of franchise utility coordination and all received comments. Two (2) meetings with franchise utility owners to receive comments. Deliverables: • Plans —Provide PDF and hard copy sets of 11"x17" (Tabloid) plans depicting the Preliminary (60%) design. • Roll Plots - Updated from Conceptual Design Phase depicting the Preliminary (60%) Design. • Cost Estimates— Updated OPCC for construction, ROW/easements, and utilities relocation. • E-mail to franchise utility owners containing plans B. Final Engineering Design (90%and 100%): Final plans and specifications shall be prepared and submitted to the City and TxDOT for approval. Prepare Draft Final (90%)construction plans and specifications for TxDOT and County review. Following a 90% plans review meeting, FNI shall prepare and submit Final Construction Documents (100%). Plans and technical specifications shall be stamped, dated, and signed by the responsible ENGINEER registered in State of Texas. Deliverables: • Plans — Provide PDF and hard copy sets of 11" x17 "(Tabloid) plans depicting the Draft Final (90%), and Final (100%) design in accordance with TxDOT requirements. • Specifications— Provide PDF and hard copy sets of the construction specifications package in accordance with TxDOT requirements. • Cost Estimates- Final OPCC for construction and bid forms using TxDOT standard bid items. Task 3. Bid Phase Services ENGINEER will support the bid phase of the project as follows: A. Assist CITY in securing bids. Issue electronically a Notice to Bidders to prospective contractors and vendors to selected plan room. B. Assist CITY by responding to questions and interpreting bid documents. C. Attend one (1) pre -bid conference in support of CITY and assist in answering bidders' questions. D. Prepare addenda, if required, during the bid phase. E. Assist CITY in reviewing the Contractor's bids and providing a Bid Tabulation and a recommendation to CITY for award of contract. F. Incorporate all addenda into the contract documents and issue conformed sets. Deliverables: • Two (2) 22x34 plan sets, seven (7)11x17 plan sets, and seven (7) specifications (conformed, if applicable) • PDF of construction documents (conformed, if applicable) • Addenda and/or clarification notices A-5 • Bid Tabulation • Review of contractor's bids and letter of recommendation for award of contract SPECIAL SERVICES: FNI shall render the following professional services, which are not included in the Basic Services described above, in connection with the development of the Project: Task 4. Survey Establish horizontal and vertical survey control. Perform topographic survey utilizing mobile LiDAR. Provide supplemental surveys as required to establish base maps depicting existing topographic features, right-of- way limits, drainage/hydrologic features within the existing 1141h Street ROW for the limits of the described project Deliverables: • Electronic files in accordance with TxDOT requirements and in format(s) to support engineering design deliverables. Task S. Environmental Documentation Environmental documentation will be prepared to TxDOT environmental standards. This scope assumes that the project will not require an EA or EIS and can be authorized as a Categorical Exclusion (CE). A. Technical Reports and Scoping Documents — Consultant will prepare appropriate scoping documents, including uploading to ECOS. B. Technical reports shall include appropriate NEPA or federal regulatory language in addition to the purpose and methodology used. Technical reports shall include sufficient information to determine the significance of impacts and are listed below. Prepare/submit draft CE documents to TxDOT Lubbock District. Documents that may be required for the CE include: i. Air Quality (Qualitative) ii. Archeological Resources Background Study iii. Historic Resources Project Coordination Request iv, Biological Resource Deliverables • Species Analysis Spreadsheet (pdf and Macro -enabled Excel file) • Species Analysis Form • Tier 1 Form and supporting documentation in appropriate formats • FPPA CPA-106 form, if applicable and supporting documentation V. Surface Waters Analysis Form, WOUS Delineation Report, and Section 404/10 Impacts table vi. Hazardous Materials Initial Site Assessment vii. Traffic Noise Analysis viii. Community Impacts Analysis ix. EPIC Sheet Preparation Deliverables: Environmental Document forms necessary for TxDOT/FHWA approval along with technical reports needed to support environmental determination. Task 6. Geotechnical Investigation/Pavement Design The geotechnical investigation will consist of field exploration, laboratory testing, engineering analysis, and A-6 reporting for use during design of the reconstruction of 110 Street from Indiana to Quaker (approximately 1 mile). The purpose of the investigation will be to provide: • Generalized subsurface information within the vicinity of the proposed roadway reconstruction; • Recommendations for subgrade treatment; and • Pavement thickness calculations for the new rigid pavement section. A. Field Exploration i. Select appropriate locations for up to nine (9) exploratory borings (approximately 1 boring every 1,000 feet) along the proposed roadway alignment according to the schedule provided below. The borings will be drilled within the existing right-of-way (ROW) of 110 Street, likely through the existing asphalt pavement, alternating between travel lanes when possible. Borings can be drilled off the existing pavement if space allows; however, the existing overhead power lines along the eastern side of the road and existing development along the corridor may not allow for sufficient, safe working space off the pavement. Appropriate traffic control will be provided as necessary and relevant ROW permit(s) will be obtained. i. Eight (8) borings to a depth of 30 feet below existing grade ii. One (1) boring to a depth of 30 feet below existing grade to account for potential minor cut areas/grading along the alignment ii. ENGINEER will stake/mark the boring locations and coordinate with the CITY and Texas 911 regarding underground utilities within the vicinity of the planned boring locations prior to commencement of the field exploration activities. iii. ENGINEER will subcontract with a drilling contractor to drill the planned exploratory borings and collect samples of the subgrade soils at the selected locations. I. The borings will be advanced using standard rotary drilling equipment with continuous -flight augers (solid or hollow stem) or rotary wash methods. Subsurface samples will be collected using 3-inch diameter Shelby tubes for cohesive soils and a 2-inch diameter split -spoon sampler in conjunction with the Standard Penetration Test (SPT) for intermediate and non - cohesive soils. Rock and rock -like materials will be tested in situ using the Texas Cone Penetration (TCP) test or the SPT, as appropriate for the material. ii. Groundwater observations within the borings will be recorded at the time of drilling and at the completion of drilling and sampling. HE The borings will be backfilled with auger cuttings upon completion of drilling and sampling, and the existing pavement surface will be patched. iv. An Engineer or Geologist experienced in logging borings will direct the drilling, log the borings, and handle and transport the samples. Visual classification of the subsurface stratigraphy shall be provided according to ASTM D2488 and the Unified Soil Classification System (USCS) during drilling and sampling. A-7 B. Laboratory Testing i. Testing shall be performed by a geotechnical testing subcontractor on samples obtained from the borings to determine soil classification and pertinent engineering properties of the subsurface materials. ii. ENGINEER will select samples for laboratory testing, assign tests, and review the test results. iii. Laboratory tests will be appropriately assigned for the specific subsurface materials encountered during exploration, but are expected to include: • Classification tests (liquid and plastic limits and percent passing the no. 200 sieve or gradation) • Moisture content • Unitdryweight • Unconfined compressive strength • Soluble sulfate content(Tex-145-E) • Lime series pH (Eades and Grim Procedure) for soil/lime proportioning C. Engineering Analysis and Reporting I. ENGINEER will perform the geotechnical engineering analysis and prepare a technical memorandum summarizing the geotechnical investigation to include the following: • Appendix with the boring locations, boring logs, laboratory test results, and a key to the symbols used. • Discussion of subsurface conditions and soil properties indicated by the field and laboratory work and the implications for design. • Recommendations for rigid pavement design including subgrade treatment, preparation, and thickness. Pavement thickness calculations will be performed using available traffic data (provided by others) and applicable design parameters according to the thoroughfare classification and CITY standards. All assumptions and pavement design parameters will be documented in the memorandum (e.g., traffic volumes, vehicle distribution, design life, terminal serviceability, annual growth rate, etc.). • Bearing capacity of soils, suitable bearing material, and lateral earth pressures for the design of storm drain junction boxes and box culverts. • Earthwork related recommendations for use during development of plans and specifications. Deliverables: • Geotechnical Investigation and Recommendation Report • Pavement Design Report A-8 Task 7. Subsurface Utility Investigations A. FNI will retain and monitor and direct, through a subcontract, the efforts of a SUE firm to provide the following services: i. Provide Subsurface Utility Engineering (SUE) to Quality Level B, as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. I. Quality Level D a. Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. b. Collect applicable records (e.g., utility owner base maps, "as built' or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. C. Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification. it. Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number ofjointly buried cables; and encasement. Ill. Quality Level C (includes tasks as described for Quality Level D) a. Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. b. Include survey and correlation of aerial or ground -mounted utility facilities in Quality Level C tasks. c. Survey surface features of subsurface utility facilities or systems. d. The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. e. Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. f. Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. g. Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. h. Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets. A-9 iv. Level B (includes tasks as described for Quality Level C) a. Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits, and/or to trace a particular utility line or system. b. Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey. Utilize paint or other method acceptable for marking of lines. c. Unless otherwise directed, mark centerline of single -conduit lines, and outside edges of multi -conduit systems. d. Resolve differences between designated utilities and utility records and surveyed appurtenances. e. Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. f. As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection, storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. v. Level A a. Expose and locate utilities at specific locations. b. Tie horizontal and vertical location of utility to survey control. c. Provide utility size and configuration. d. Provide paving thickness and type, where applicable. e. Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. f. A total of ten (10) Level A SUE locations are included in the contract. Deliverables: Prepare Existing Utility Base Maps depicting the utility owner, type, location, and size of each existing utility with the corresponding Quality Level for each. • The electronic file will be delivered on CD or DVD. • A hard copy will be signed, sealed, and dated by the Consultant. Task B. TDLR Permitting ENGINEER will provide permitting support for CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows: Texas Department of Licensing and Regulation (TDLR) A. Register with TDLR completing all TDLR forms/applications necessary. ENGINEER will provide a check in the amount of the TDLR fees. B. Submit construction documents to the TDLR C. Obtain the TDLR report and document compliance. A-10 D. Respond to agency comments and requests E. ENGINEER will contract TDLR for final inspection post construction Assumptions: • TDLR fees will be reimbursed by CITY to ENGINEER via normal monthly invoicing under this contract. • ENGINEER will make all necessary changes. A-11 EXHIBIT A, PART 2, ADDITIONAL SERVICES 114" STREET, INDIANA AVENUE TO QUAKER AVENUE ENGINEERING DESIGN SERVICES ADDITIONAL SERVICES: Any services performed by FNI that are not included in the Basic Services or Special Services described above are Additional Services. Additional Services to be performed by FNI, if authorized by Client, are described as follows: 1. Water and Wastewater Utility Design 2. ROW or easement documents and acquisition services 3. Traffic Signal design 4. USACE 404 Permit or Pre -Construction Notice S. Public Hearings 6. Clearance of Utilities 7. Construction Management and Inspection 8. Construction survey staking 9. Letter of Map Revision (LOMR) TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this Agreement and agrees to complete the services in in accordance with the schedule presented in Attachment D. If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in Client or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this Agreement and in Attachment CO. RESPONSIBILITIES OF CLIENT: Client shall perform the following in a timely manner so as not to delay the services of FNI: A. Client recognizes and expects that change orders may be required to be issued during construction. The responsibility for the costs of change orders will be determined on the basis of applicable contractual obligations and professional liability standards. FNI will not be responsible for any change order costs due to unforeseen site conditions, changes made by or due to the Client or Contractor, or any change order costs not caused by the negligent errors or omissions of FNI. Nothing in this provision creates a presumption that, or changes the professional liability standard for determining if, FNI is liable for change order costs. It is recommended that the Client budget a minimum of 5%for new construction and a minimum of 10% for construction that includes refurbishing existing structures. Designate in writing a person to act as Client's representative with respect to the services to be rendered under this Agreement. Such person shall have contract authority to transmit instructions, receive information, interpret and define Client's policies and decisions with respect to FNI's services for the Project. C. Provide all criteria and full information as to Client's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and A-12 expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Client will require to be included in the drawings and specifications. D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. E. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this Agreement. F. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as Client deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay, or cause rework in, the services of FNI. G. Client shall make or arrange to have made all subsurface investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. Client shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by Client. H. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as Client may require or FNI may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as Client may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as Client may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. I. If Client designates a person to serve in the capacity of Resident Project Representative who is not FNI or FNI's agent or employee, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in an Attachment attached to and made a part of this Agreement before the Construction Phase of the Project begins. Said attachment shall also set forth appropriate modifications of the Construction Phase General Representation services as defined in Attachment SC, Article I, D, together with such adjustment of compensation as appropriate. J. Attend the pre -bid conference, bid opening, preconstruction conferences, construction progress and other job -related meetings and substantial completion inspections and final payment inspections. K. Give prompt written notice to FNI whenever Client observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services, or any defect or nonconformance of the work of any Contractor. L. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article III of this Agreement or other services as required. M. Bear all costs incident to compliance with the requirements of this Article V. A-13 DESIGNATED REPRESENTATIVES: FNI and Client designate the following representatives: Client's Designated Representative — Adam Nixon, P.E. 1625 1P Street Lubbock, Texas 79457 Telephone: 806-775-2344 FNI's Designated Representative— Chris Bosco, P.E. 4055 International Plaza, Suite 200 Fort Worth Texas, 76109 Telephone: 817-735-7393 Facsimile: 817-735-7491 FNI's Accounting Representative— Stephanie Kirchstein 4055 International Plaza, Suite 200 Fort Worth Texas, 76109 Telephone: 817-735-7393 Facsimile: 817-735-7491 Met EXHIBIT B— BUDGET 1141h STREET, INDIANA AVENUE TO QUAKER AVENUE ENGINEERING DESIGN SERVICES CITY and ENGINEER have established a not -to -exceed budget of S894,150 to complete all services under this AGREEMENT. This amount will not be exceeded without a contract amendment. CITY will pay the ENGINEER hourly, for services identified in Exhibit A, based on ENGINEERS Fee Schedule presented as EXHIBIT C. Subconsultant services will be billed at cost to ENGINEER with a 10 percent handling fee. The Budget is presented for the services of ENGINEER under this AGREEMENT are provided in this Exhibit B. CITY and ENGINEER agree to allow redistribution of funds between Tasks as appropriate to allow flexibility in providing the needed services within the not -to -exceed budget. ENGINEER agrees to complete these services as delineated above. Should there be a Change in Scope of Work or Time of Performance, then this can result in an amendment to this contract which shall be negotiated at that time. The budget assumes that all work will be completed in in accordance with the schedule presented in Attachment D. A-15 EXHIBIT C, HOURLY RATE SCHEDULE COMPENSATION 114" STREET, INDIANA AVENUE TO QUAKER AVENUE ENGINEERING DESIGN SERVICES LUBBOCK BATE SCHEDULE Position Principal/Group Manager 305 Technical Professlonal-6 293 Technical Professional -5 234 Technical Professional-4 2W Technical Professional -3 123 Technical Professional-2 152 Technical Professlonal- 1 125 CAD Technician/Designer-3 168 CAD Technician/Designer - 2 126 CAD Technician/Designer-1 100 Senior CAD Techruce n/Designer 209 Construcion Manager-4 165 Construction Manager-3 135 Construction Manager- 2 128 Construction Manager-1 200 Corporate Project Support- 3 ffi0 Corporate Project Support-2 126 Corporate Project Support 1 96 Intern/Coop 65 Rates for In -House Services Technology Chance $8.50 par heu, Bulk Printing and Reproduction g&W Small Format 1per copy) $0.10 $0.25 Travel Large Format leer sq. h.) Standard IRS Rates Bond $0.25 $0.25 Glossy /Mylar $0.25 $1.25 Vinyl /Adherent $1.50 Sitm Mounting Lear sq. ft.) 52.00 Binding (per binding) $0.25 OTNER DIRER EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. For Resident Representative services performed by non-FNI employees and CAD services performed In- house by non-FNl employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cast to FNI if an FNI employee was performing the same or similar servlces. Rates to be adjusted no more than 5%annually wets A-16 F hlbltD-Pmlect Schedule HEIII — _ ._ . _ .. - - .. a _ - ,. .. . - .. .. m .. .. .. .. .. -. Y�wen.tiu • n++..uru.rn ..r ..mw ....n n.nmwrw.Mnik�+.+al e�.�uon.r..s.>em..... ....««. ...,H r.u..rsa. m�e .. ..w.._�....r�M1.... ..... _-.. anti ur r.® rae MWrrsgw.yn rybeEl ... Ye.w.�erNrm.�.w�.�rw ,. rm•.-.�wr....v W..xa ...M� .mx..ipr..n IMb<wn0iuum cmmmavu... :.w^C.�`'E'S"hYrZ�" is 11•F ,. i , �'t`'soi�rr 1 9 i,•s �y�i"y`:b,�n"``b �'. , � . too - r L I Lubbock 4 ,�MA, 114th STREET FROM QUAKER AVE TO INDIANA AVE ANTICIPATED PROJECT LIMITS .. r -! - umm7 NICHOLS