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HomeMy WebLinkAboutResolution - 5068 - Contract - Schrickel Rollins & Associates Inc - Engineering Services - 01/11/1996Resolution January 11, Item #13 RESOLUTION I No. 5068 1996 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for Engineering Services and related documents by and between the City of Lubbock and Schrickel, Rollins and Associates, Inc., attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 1 th day of � ia AVID R. LANUSTON, ATTEST: I c�(-Xek� - Betty M'Jofiiison, Civy Secretary APPROVED AS TO CONTENT: )�X Ji Atn,'Director of Strategic Planning APPROVED AS TO FORM: A"a—wa'�6 Harold Willard, Assistant City Attorney 14W:da/ecdocs/c-schrUres December 18, 1995 . tRRYIX 1996. Resolution No. 5068 January 11, 1996 Item X613 Contract No. CONTRACT FOR ENGINEERING SERVICES STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THIS ENGINEERING CONTRACT, made, entered into and executed this I I th day of January , I9 --L6-, by and between the Lubbock Urban Transportation Study, acting by and through the City of Lubbock, Texas, with the approval of the City Council, hereinafter called the "City," and Schrickel, Rollins and Associates, Inc., hereinafter called the "Engineer." WITNESSETH WHEREAS, the City desires to contract for architectural/engineering services concerning the Broadway Streetscape. AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: The City agrees to employ the Engineer and the Engineer agrees to perform professional engineering services in connection with the project as stated in the sections to follow and outlined hereinafter, and for having rendered such services, the City agrees to pay to the Engineer compensation for these services as mutually agreed. All services performed under this contract shall be performed under the direct supervision of the City Manager, and/or his duly authorized representative. The Engineer will be advised, in writing, of the City's representative. si7i ARTICLE 1 SCOPE OF SERVICES A. Services of the City - The City will furnish items as listed in Attachment A, attached hereto and made a part of this engineering contract. B. Services of the Engineer - The Engineer will furnish engineering and/or surveying services as set forth in Attachment A. ARTICLE 2 NOTICE TO PROCEED After execution of this contract, the Engineer shall not proceed with the work outlined under "Scope of Services" until advised in writing by the City's representative to proceed. The City shall not be responsible for any costs incurred by the Engineer prior to a written notice to proceed. ARTICLE 3 CONTRACT PERIOD The work under this contract shall terminate after satisfactory completion of all services and obligations covered in this agreement and upon final acceptance thereof by the City and TxDOT unless otherwise terminated pursuant to ARTICLE 12 - TERMINATION of contract. ARTICLE 4 PROGRESS The Engineer shall, from time to time during the progress of the work, confer with the City's representative. The Engineer shall prepare and present such information and studies as may be pertinent and necessary or as may be requested by the City's representative in order to evaluate features of the work. At the request of the City's representative or the Engineer, conferences shall be held at the offices of the City, or at other locations designated by the City's representative. These conferences shall also include inspection of the Engineer's services and work when requested by the City's representative. Since Federal Funds are to be used on this contract, the work will be subject to periodic review by the Federal Highway Administration. The Engineer shall prepare a "Project Schedule" shown as Attachment I3, attached hereto and made a part of this contract. This schedule will be complete so that the Engineer's "Scope of Services" under this contract can be accomplished within the specified time and the contract cost. This "Project Schedule" will provide specific work sequence and definite review times by the City's representative and the Engineer of the work performed. The Engineer shall promptly advise the City's representative in writing of events which have a significant impact upon the progress of the work, including: (1) problems, delays, adverse conditions which will materially affect the ability to obtain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; and (2) favorable developments or events which enable meeting the work goals sooner than anticipated or producing more work units than originally projected. Should the City's representative desire to suspend the work, but not terminate the contract, this may be done by thirty (30) days' notice given by the City's representative in writing to that effect, and the work may be reinstated and resumed in full force and effect upon receipt from the City's representative of sixty (60) days' notice in writing to that effect. All employees of the Engineer shall have such knowledge and experience as will enable them to perform the dudes assigned to them. Any employee of the Engineer who, in the opinion of the City's representative, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. 5171 2 The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this contract, or will be able to obtain such personnel from sources other than the City. The Engineer shall prepare and submit to the City's representative monthly progress reports (which may include a bar graph) in sufficient detail to support the progress of the work and in support of vouchers requesting monthly payments. The Engineer shall furnish all equipment, materials and supplies required to perform its work under this contract except as provided herein. ARTICLE 5 CHANGES OF WORK The Engineer shall make such revisions in the work included in this contract which has been completed as are necessary to correct errors appearing therein when required to do so by the City's representative. No additional compensation shall be paid for such revisions. If the City's representative finds it necessary to request changes to previously satisfactorily completed work or parts thereof, the Engineer shall make such revisions if requested and as directed by the City's representative. This will be considered as additional work and paid for as specified under ARTICLE 6 - ADDITIONAL WORD, ARTICLE 6 ADDITIONAL WORK Work not specifically described under "Scope of Services" must be approved by supplemental agreement to this contract by the City before it is undertaken by the Engineer. If the Engineer is of the opinion that any work he has been directed to perform is beyond the scope of this agreement and constitutes additional work, he shall promptly notify the City's representative in writing. In the event the City's representative finds that such work does not constitute additional work, then he shall so advise the Engineer in writing. The lump sum fee shall be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. ARTICLE 7 COMPENSATION The City shall pay and the Engineer agrees to accept in full compensation for the engineering services performed under this contract, a lump sum fee not to exceed $193,000, fees as outlined below. The Engineer will be paid this amount in accordance with Attachment C, attached hereto and made a part of this contract. The lump sum amount payable may be revised in the event of change of scope, increased or decreased cost, complexity or character or work as determined by the City. ARTICLE 8 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made monthly while the work is in progress under this contract The Engineer will prepare and present to the City's representative a monthly progress report and an itemized and certified invoice acceptable to him each month stating the percent completion of the work accomplished during the month and also to date. Monthly payment of the lump sum fee will be in proportion to the percent completion of the total work, but not to exceed the total lump sum amount shown under ARTICLE 7 - COMPENSATION. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Engineer must submit adequate proof to the City's representative that the task was completed. Upon receipt and approval of each statement, the City's representative shall pay the amount which is due and payable within thirty (30) days' time. The itemized and certified statements shall show the total amount earned to the date of submission. and the amount due and payable as of the date of the current statement. Five percent (5%) shall be withheld pending completion of work under this contract. Final payment of any money due should be made to the Engineer after satisfactory completion of all services and obligations covered in this contract, including acceptance of work by the City's representative. The release of the retainage does not relieve the Engineer of the responsibility of correcting any errors and/or omissions resulting from its negligence. ARTICLE 9 SUBCONTRACTORS The Engineer shall not sublet or transfer any portion of the work under this contract unless specifically approved in writing by the City's representative. Subcontractors shall comply with the provisions of this contract. Any subcontract must be approved in writing by the City's representative prior to the subcontractor's commencement of work. No subcontract relieves the Engineer of any responsibilities under this contract. ARTICLE 10 CIVIL RIGHTS COMPLIANCE The Engineer shall comply with the regulations of the Department of Transportation (49CFR2I and 23CFR 710.405) as they relate to nondiscrimination and Executive Order 11246, titled Equal Employment Opportunity, as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41CFR60). See attached "CONTRACT ADDENDUM (NONDISCRIMINATION)." ARTICLE I I DISADVANTAGE/MINORITY BUSINESS ENTERPRISE REQUIREMENTS The Engineer agrees to comply with the attached Special Provision. ARTICLE 12 TERMINATION OF CONTRACT The contract may be terminated by any of the following conditions: (a) By mutual agreement and consent, in writing, of both parties thereto. (b) By the City's representative by notice in writing to the Engineer as consequence of failure by the Engineer to perform the services herein set forth in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the Engineer. 5171 4 (c) By either party, upon the failure of the other party to fulfill its obligations as set forth in the "Scope of Services." (d) By the City's representative for reasons of his own (and not subject to the mutual consent of the Engineer) upon not less than ten (10) days' written notice to the Engineer. (e) By satisfactory completion of all services and obligations described herein. Should the City or the City's representative terminate this contract as herein provided, no fees other than fees due and payable at the time of termination, shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City's representative shall be the sole judge. Payment for work at termination will be based on work completed at that time. Should the City's representative terminate this contract under ARTICLE 12 (d), the amount charged during the ten-day notice period shall not exceed the amount charged during the preceding ten days. If the Engineer defaults in performance of this contract or the City or the City's representative terminates the contract for fault on the part of the Engineer, the City's representative will give consideration to the actual costs incurred by the Engineer in performing work to date of default, the amount of work required which was satisfactorily complete to date of default, the value of the work which is usable to the City, the cost to the City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work performed at time of default. The termination of this contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, obligations and liabilities of the City and the Engineer under this contract unless otherwise stated. If the termination of this contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion by contract or otherwise. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City thereby. ARTICLE 13 DISPUTES Should disputes arise as to work under scope of services or additional work under this contract, they shall be resolved in accordance with Title 43, Texas Administration Code, Section 1.68. ARTICLE 14 OWNERSHIP OF DOCUMENTS Upon completion or termination of this contract, all documents prepared by the Engineer or furnished to the Engineer by the City or the City's representative shall be delivered to and become the property of the City. All basic sketches, charts, calculations, plans, specifications and other data prepared under this contract shall be made available, upon request, to the City's representative without restriction or limitation on their further use. The Engineer may, at his own expense, have copies made of the documents or any other data he has furnished the City's representative under this contract without restriction or limitation on their further use by Engineer. 5171 5 ARTICLE 15 COMPLIANCE WITH LAWS The Engineer shall comply with Federal, State and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunal, in any matter affecting the performance of this contract, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. ARTICLE 16 INDEMNIFICATION The ;Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of the Engineer, its agents or employees, performed under this contract and which result from a negligent act or omission of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liability which may be imposed on the City as a result of such activities by the Engineer, its agents or employees. ARTICLE 17 ENGINEER'S WARRANT The Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this contract and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, conunission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or compensation, or other recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE 18 SUCCESSORS AND ASSIGNS The City and the Engineer each binds itself, its successors, executors, administrators and assigns to the other party to this agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this agreement. Neither the City nor the Engineer shall assign, sublet or transfer its interest in this agreement without written consent of the other. ARTICLE 19 ENGINEER'S SEAL The Engineer shall place its Texas Professional Engineer's seal of endorsement on all documents and engineering data prepared in the performance of this contract. 5171 6 ARTICLE 20 INSPECTION OF ENGINEER'S BOOKS AND RECORDS The City's representative shall, for the purpose of termination of the contract prior to completion, have access to the books and records of the Engineer for the purpose of checking the amount of the work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for three years from the date of final payment under the contract, for inspection by the City's representative, the Federal Highway Administration and the U.S. Department of Transportation, Office of Inspector General. The Comptroller General of the United States, or any of his duly authorized representatives, shall also have access to any books, documents, papers and records of the Engineer which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts and transcriptions. ARTICLE 21 INSURANCE If the services to be provided by the Engineer, as shown in Attachment A, will involve activities which are required by the City to be covered by insurance, such as work on the right of way, the Engineer shall furnish the City's representative a completed Certificate of Insurance provided and approved by him prior to beginning work under this contract. ARTICLE 22 GRATUITIES City policy mandates that employees of the City shall not accept any benefits, gifts or favors from any person doing business or who, reasonably speaking, may do business with the City under this contract. Any person doing business with or who may, reasonably speaking, do business with the City under this contract may not make any offer of benefits, gifts or favors to City employees. Failure on the part of the Engineer to adhere to this policy may result in the termination of this contract. ARTICLE 23 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Engineer shall comply and certifies that it has complied with the attached Debarment Certification. ARTICLE 24 TEXAS FRANCHISE TAX CERTIFICATION Pursuant to Article 2.45 of the Business Corporation Act, Texas Civil Statutes, which prohibits the City from awarding a contract to a corporation that is delinquent in paying taxes under Chapter 171, Tax Code, the Engineer hereby certifies that it is not delinquent in its Texas franchise tax payments, or that it is exempt from, or not subject to, such a tax. A false statement concerning the corporation's franchise tax status shall constitute grounds for cancellation of the contract at the sole option of the City or the City's representative. 3171 .ARTICLE 25 SUSPENSION Should the City's representative desire to suspend the work, but not terminate the contract, this may be done by thirty (30) calendar days verbal notification followed by written confirmation from him to that effect. The thirty day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) calendar days of receipt of written notice from the City's representative to resume the work. The sixty day notice may be waived in writing by both parties. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City's representative to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 26 SUPPLEMENTAL AGREEMENTS The maximum amount payable under this contract may be modified by supplemental agreement if the City determines that there has been a significant change in the scope and/or complexity or character of the services to be performed. Compensation shall be as provided in Attachment C as hourly schedule for services. No compensation will occur for supplemental work done prior to the full execution of a supplemental agreement and authorization to proceed is granted by the City's representative. ARTICLE 27 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by the Engineer shall be grounds for termination of the contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. ARTICLE 28 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions or negligent acts without compensation. The Engineer's responsibility for all questions arising from design errors and/or omissions will be determined by the City's representative. The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 29 LOBBYING CERTIFICATION The Engineer shall comply with "Lobbying Certification/Disdosure Form" attached herein in federal aid contracts in excess of $100,000 and subcontracts in excess of $50,000. ARTICLE 30 CHILD SUPPORT STATEMENT The Engineer warrants that the representations included in the Child Support Certification submitted with the proposal to provide services are current and still valid. Any contract made with the 5171 8 delinquent obligor as defined in Family Code, Chapter 14, is invalid and subject to immediate termination. The City will withhold payment to a provider who becomes a delinquent obligor at any time during the contract period in accordance with Family Code Section 14.52. ARTICLE 31 WARRANTIES OF SIGNATORY The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he has executed this contract and that he has full and complete authority to enter into this contract on behalf of his firm. The above -stated representations and warranties are made for the purpose of inducing the City to enter into this contract. ARTICLE 32 INDEPENDENT CONTRACTOR Notwithstanding anything contained in this agreement to the contrary, Engineer shall at all times be and remain an independent contractor solely responsible for its own actions and those of its employees and agents; and this agreement is not intended, nor should it be construed, as creating an employment relationship between Engineer and the City. IN WITNESS WHEREOF, the parties to this Contract for Engineering Services have signed or their respective names to be signed to duplicate counterparts hereof on the 11 thday of January , I9 96 THE F IC, T THE ENGINEER12 Y By: David R Langsto , Mayor Signature Title Schrickel, Rollins and Associates, Inc. Name of Firm ATTEST: Betty M. Johnson, tity Secre AP OVED AS TO CONTENT: )�� Ji Bert Director of Strategic Planning APPROVED AS TO FORM: arold Willard, Asst. City Attorney Attachment A Scope of Services Lubbock - Broadway Streetscape December 15, 1995 Scope of Project The project is the master planning and design of improvements to the corridor within the right of way and City -owned property alongside Broadway Street from University Avenue to Martin Luther King Boulevard. Primary design elements are sidewalks, ramps, trails, landscape plantings, irrigation systems, medians, benches and other site amenities. The construction budget is $2,000,000. 2. Purpose of the Project The primary purpose of the project is to reinforce Broadway Street as a major corridor by developing a beautified "parkway" that will be an area of activity and development. The project will create a visual corridor linking the Central Business District (CBD) with Texas Tech University on the west, and the Canyon Lakes and East Lubbock on the east. The project must comply with the requirements set forth in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), and the Surface Transportation Program/Transportation Enhancement Program Agreement between the City of Lubbock and the Texas Department of Transportation. 3. Topographic Survey/Base Sheet Preparation Collect data and topographic information for the area within the right of way along Broadway from University Avenue to Martin Luther King Boulevard. In the Mackenzie Park area (where no development exists), only the north side of the street will be surveyed. Scope Location of the following horizontally and vertically. A. Benchmarks, coordinate control points, and stations. B. Backs of curbs. C. Edges of paving, walks, plazas, curb ramps, etc. D. Faces of buildings. E. Existing utilities - above ground. F. Tree and shrub locations. G. Drainage structures. H. Street lights. 1. Parking spaces. Lubbock - Broadway Streetscape 517i Scope of Services Page 1 Detailed surveys beyond the right of way line will be needed in four areas: A. Mackenzie Park entry; B. Pedestrian bridge location in Mackenzie Park; C. Gateway plaza; and D. The Fairgrounds entry. The City of Lubbock will furnish the following data to be shown on the surveys: A. Right of way lines. B. Property lines. C. Setback lines. D. Easements. E. Street use licenses and ROW encroachments. F. Signs and traffic signals. G. Existing underground utilities. The survey will be to TxDOT standards in metric scale on 2204 -inch sheets. The contour interval will be 0.2 meters except in areas with steep slopes, i.e., Mackenzie Park. 4. Geotechnical Investigation At ten to twelve locations selected by the Engineer, and approved by the City, soil investigations will be conducted by an independent Geotechnical Engineer selected by the Engineer. 5. Data Gathering/Field Observation The Engineer will reconnoiter the site, observe the existing development adjacent to the site, conduct a an on -the -ground photo survey and site analysis, identify major design elements, and gather data at the site that will impact the design. 6. Program Definition The Engineer will meet and coordinate with the City's representative and others as necessary to clearly define the program including: • Exact facility requirements • Maintenance considerations • Access considerations • Security considerations • Design approaches • Utilities availability 7. Master Plan The Engineer will provide landscape/site development plans of Broadway Street from University Avenue to Martin Luther King Boulevard, with emphasis on the utilitarian needs of pedestrians and visual enhancement of the corridor by developing a parkway to connect the CBD with Texas Tech on the west, and Canyon Lakes and East Lubbock on the east. Lubbock - Broadway Streetsca a 5171 Scope of Services Page 2 Corridor improvements will include (but are not limited to) the following as far as the budget allows: • Trees • Tree grates • Drip irrigation system • Antique style light poles • Arbor/trellis at Gateway Plaza • Review and update existing design of perimeter fence at Gateway Plaza • Landscaped medians and/or replace brick paving at Avenue Q • Consideration of deletion of selected parking spaces to create pedestrian niches in landscaped islands • New entry development at Mackenzie Park • Fairgrounds entry considerations • Addition of park benches and waste receptacles at selected areas • Sidewalk and/or paving additions for continuous access for total length of project on north side only • Pedestrian bridge at Mackenzie Park • Accessible curb ramps where necessary at all intersections • Design coordination with LP&L on conversion of overhead utilities to underground. • Possible utility adjustments. *Not included in scope of 1STEA funding. Tasks The Engineers will prepare the Master Plan for the entire area from University Drive to Martin Luther ding Boulevard. The Master Plan will be limited to the budget of $2,000,000. The Engineer will hold monthly meetings with the City's representative and other designated representatives throughout the Master Plan development to communicate progress and discuss pertinent issues. The Master Plan will be revised at the direction of the City's representative. A rough cost estimate will be prepared at the completion of the Master Plan. The Master Plan drawing will be a camera-ready graphic. 8. Construction Documents Based on the approved Master Plan and any further adjustments in the scope and quality of the project or in the construction budget authorized by the City, construction documents consisting of drawings and specifications will set forth in detail the requirements for the construction of the project. The Engineer will advise the City's representative of any adjustments to previous estimates of construction cost indicated by changes in requirements or general market conditions. Documents and estimates of construction cost will be submitted by the Engineer to the City's representative at intervals of 50% and 100% of completion for review. The City's representative will respond with written Lubbock - Broadway Streetscape 517i Scope of Services Page 3 comments advising any changes to be made. Specifications will be written to reference TxDOT standard specifications. 9. Compute Quantities, Flans Estimate, Specifications, General Notes, Etc. The Engineer will prepare a list of construction bid items and compute estimated quantities. The estimated cost of construction will be computed based on current unit prices and estimated quantities. General notes, specifications and special provisions which are applicable to the project will be provided by the Engineer. 10. Construction Schedule The Engineer will prepare a detailed flow chart of the construction schedule to determine the approximate time (working days), based on the TxDOT standard definition of a working day, required for construction of the project. 11. Construction Phase The Engineer will attend the prebid and preconstruction conferences. 12. Additional Services The Engineer will provide services not identified in this Scope of Services upon receipt of authorization from the City's representative. Additional Services will be provided on an hourly rate basis with a mutually agreed "not to exceed" total. Such Additional Services may include the following or other services: Design A. Design of facilities beyond the original scope and/or budget identified in the description of services. B. Additional surveying beyond that identified in the scope of Basic Services. C. Establishment of the boundary lines. D. Design of Signalization Systems and/or traffic studies relating to Broadway. E. Representation in arbitration, mediation, litigation, depositions or similar legal processes. F. Hydrology and hydraulics studies. G. Environmental assessment or environmental impact study. H. Location of underground utilities. Construction A. Preparation of Change Orders as required which expand the original Scope of Services. B. Site observation visits. Lubbock - Broadway Streetscape 5 1 7i Scope of Services Page 4 13. Reimbursable Expenses The following items, if provided, shall be considered reimbursable or additional to this contract. A. Permit or filing fees. B. Printing and other reproduction costs beyond those set forth in this contract. C. Special courier services. Lubbock - Broadway Streetsca e 517i Scope of Services Page 5 Attachment B Project Schedule Lubbock - Broadway Streetscape December 15, 1995 1. Nov. 17, 1995 - City complete the service contract between the City and SRA. City submit. service contract to TxDOT for approval. 2.. Jan. 11, 1996 - TxDOT approve the service contract between the City and SRA. 3. Feb. 8, 1996 - City Council approve the service contract between the City and SRA. 4. Feb. 15, 1996 - City and SRA execute service contract. S. Feb. 27, 1996 - SRA begin survey and geotechnical investigation. 6. Apr. 10, 1996 - SRA begin Master Plan. • Three committeeJpublic meetings to be scheduled during master plan. 7. May 22, 1996 - SRA complete Master Plan. 8. Jun. 7, 1996 - City and TxDOT approve Master Plan. 9. Jun. 12, 1996 - SRA begin Contract Documents. 10, Aug. 2I, 1996 - 50 percent review. 11. Oct. 30, 1996 - 100 percent review. 12. Nov. 13, 1996 - SRA complete revisions to construction plans and specifications and deliver to City. 13. Nov. 15, 1996 - City deliver construction plans and specifications to TxDOT. 14. Apr. 15, 1997 - Contract bidding (letting date) and award contract (5 months minimum). Lubbock - Broadway Streetscape 5171 Project Schedule Page I Attachment C Compensation Lubbock - Broadway Streetscape December 15, 1995 Compensation to the Engineer shall be as follows: (1) Topographic Survey/Base Sheet Preparation (allowance not to exceed) ........................... $40,200 (2) Geotechnical Investigations (,Allowance not to exceed) ........... 10,800 (3) Master Plan ........................................... 25,500 (4) Contract Documents (a) Streetscape........................................ 97,000 (b) ,Antique Lighting Design * ............................ 17,500 (5) Reimbursable Expenses, approximate (Allowance not to exceed) ..... 2,000 Texas Board of Licensing and Regulation Plan Review ........ 425 Overnight Delivery Allowance ........................... 500 Printing/Photography Allowance ....................... 1,075 $2,000 *Not included in scope of ISTEA funding. Lubbock - Broadway Streetsca e 517i Compensation Page 1 SCHEDULE OF CHARGES- 1995 BILLABLE SALARY RATE & EXPENSE CHARGES RANGE OF BILLABLE SALARY RATE CLASSIFICATION: LOW HIGH PRINCIPAL $ 107 $ 131 ASSOCIATE 89 99 SENIOR ENGINEER 83 98 ENGINEER III 71 82 ENGINEER II 55 71 ENGINEER 1 47 55 SENIOR LANDSCAPE ARCHITECT 75 96 LANDSCAPE ARCHITECT III 64 75 LANDSCAPE ARCHITECT II 49 64 LANDSCAPE ARCHITECT 1 41 49 SENIOR PLANNER 81 99 PLANNER 64 81 ARCHITECT 69 80 DESIGNER 66 75 SURVEY COORDINATOR 52 62 SENIOR ENGINEERING TECHNICIAN 46 55 ENGINEERING TECHNICIAN 37 51 PLANNING TECHNICIAN 33 50 PRODUCTION COORDINATOR 63 75 DRAFTSMAN III 47 55 DRAFTSMAN 11 37 47 DRAFTSMAN[ 30 39 SENIOR SECRETARY 33 50 SECRETARYIWORD PROCESSOR 28 39 CLERK 24 32 The ranges and individual salaries are adjusted annually OTHER SERVICES (invoiced at rate shown): COMPUTER PLOTTING SERVICES (in house): Four Man Field Party $951hour Three Man Field Party 851hour Two Man Field Party 75/hour PC CAD Station $12/hour PC Station 8/hour PRINTING SERVICES (in house): COMPUTER PLOTTING SERVICES (in house): BLACK INK ON COLOR ON MYLAR FILM SQ. FT. PER ORDER BLUE LINE MYLAR SIZE BONDNELLUM BONONELLUM OF INK PLOT PRICE VARIES ACCORDING TO SIZE OF ORDER up to 11"x17" $ 10.50 $ 13.00 $ 13.50 24"x36" 11.00 15.50 21.00 6 $3.70 $10.00 30"x42" 12.50 22.00 27.00 1 1 1 oversize add 2.50/SF 3.50/SF 4.50/SF 100 25.71 139.00 101-200 0.18/S.F. 1.301S.F. 201-300 0.14/S.F. 1.25/S.F. 301-1000 0.13/S.F. 1.20/S.F. 1001 -up 0.11.SY. 1.15/S.F. In-house Xerox copies provided at $0.07 per singEe side copy or $0.14 per doub{e side copy. OTHER DIRECT EXPENSES: Otherdimd expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproductions expense, communication expense, travel, transportation and subsidence away from Arlington and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons other than staff members. SRA -1 Attachment D Project Team Lubbock - Broadway Streetscape December 15, 1995 Percent of Services ENGINEER: 66% Schrickel, Rollins and Associates, Inc. 1161 Corporate Drive West, Suite 200 Arlington, Texas 76006 • Project Manager - Victor Baxter • Landscape Architects - Lisa Woolsey, Dudley Raymond • Civil Engineer - Sanford LaHue, P.E. *GEOTECHNICAL ENGINEER: 5% Terra -Mar, Inc. 2679 Lombardy Lane Dallas, Texas 75220 • Geotechnical Engineer - Mark Farrow, F.E. *SURVEYOR: 19% High Tech Land and GPS Surveyors, Inc. 3330 70th Street, Suite 202 Lubbock, Texas 79413 *ELECTRICAL ENGINEER: 7% H.G.E. Inc 11520 N. Central Expressway, Suite 228 Dallas, Texas 75243-6608 • Electrical Engineer - Michael Johns, P.E. IRRIGATION DESIGNER 3% Terry Little 16835 Addison Road, Suite 103 Dallas, Texas 75248 *D.B.E. DBE PARTICIPATION (APPROXIMATE) 31% Lubbock - Broadway Streetscape 5 i 7i Project Team Page 1 Attachment E Civil Rights Compliance Lubbock - Broadway Streetscape December 15, 1995 During the performance of this contract, Schrickel, Rollins and Associates, Inc., for itself, its assignees and successors in interest (hereinafter referred to as the "Engineer"), agrees as follows: (1) Compliance with Regulations: The Engineer shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, and Title 23, Code of Federal Regulations, Part 710.405(b), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Engineer, with regard to the work performed by him during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Engineer shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(6) of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Engineer of the Engineers obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. (4) Information and Reports: The Engineer shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to his books, records, accounts, other sources of information, and his facilities as may be determined by the City of Lubbock or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the Engineer is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer shall so certify to the City of Lubbock or the Federal Highway Administration, as appropriate, and shall set forth what efforts he has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Engineer's noncompliance with the nondiscrimination provisions of this contract, the City of Lubbock shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the Engineer under the contract until the Engineer complies and/or (b) cancellation, termination, or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The Engineer shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Engineer shall take such action with respect to any subcontract or procurement as the City of Lubbock or the federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance provided, however, that in the event an Engineer becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Engineer may request the City of Lubbock enter into such litigation to protect the interests of the City, and, in addition, the Engineer may request the United States to enter into such litigation to protect the interests of the United States. Lubbock - Broadway Streetscape 5 1 7i Civil Rights Compliance Page I CERTIFICATION OF THE CITY OF LUBBOCK I hereby certify that I am the Mayor of the City, and that the above consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this agreement to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person or organization, any fee, contribution, donation or consideration of any kind; except as here expressly state I acknowledge that this certificate is to b( Department of Transportation, in connection highway funds, and is subject to applicable S' January 11, 1996 (Date) s17i ;ton CERTIFICATION OF CONSULTANT I hereby certify that I am the -FkZ1S1QE5"- and duly authorized representative of the firm of Schrickel, Rollins and Associates, Inc., whose address is 1161 Corporate Drive West, Suite 200, Arlington, Texas 76006, and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, percentage, brokerage, contingent fee or other consideration any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; (b) meed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; or (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the agreement; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the City and the Federal Highway Administration, U.S. Department of Transportation, in connection with this agreement involving participation of Federal - Aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) (Signature) 51A DEBARMENT CERTIFICATION A. Schrickel, Rollins and Associates, Inc., certifies to the best of its knowledge and belief, that it and its Principals. 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of a fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public* transaction or contract under a public transaction, violation of federal or state antitrust statutes or a commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity* with cornmission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions* terminated for cause or default. B. Where Schrickel, Rollins and Associates, Inc., is unable to certify to any of the statements in this certification, an explanation will be attached to the certification. *federal, state, or local Schrickel, Rollins and Associate ,Inc. fes'-r��v Title Date NIM LOBBYING CERTIFICATION for Contracts. Grants, Loans and Cooperative Agreements The undersigned certifies to the best of his or her knowledge and belief, that; No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, in connection with the awarding of any federal contract, the snaking of any federal grant, the snaking of any federal loan, entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Subrnission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Sch ickel, Rollins and Associates, Inc. �/0 eJ r Title Date Aiwhlll:l/s PRODUCER COBLE-CRAVENS INSURANCE AGENCY, INC 202 E. BORDER, SUITE 201 P. O. BOX 429 ARLINGTON, TX 76004 INSURED Schrickel, Rollins and Assoc. 1161 Corporate Drive Suite 200 Arlington, TX 76006 ISSUE DATE (MM/DD/YY} n 05/02/95 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAMEND, (EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Fireman I s Fund LETTER COMPANY D Fireman's Fund LEITER COMPANY C Texas Work Comp Insurance Fund LETTER COMPANY D CONTINENTAL CASUALTY CO LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, r=v11 r Icinkrc Akin rn&IMITlnAIC nG CI Fr.114 vnl If`IFC I IMITR SHOWN MAY HAVF RFFN RFI)LJCFD BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM1DDt1`Y) POLICY EXPIRATION DATE (MM/DD/1'Y) LIMITS A GENERALLIABILITY GENERAL AGGREGATE S 1, 000,000 PRODUCTS-COMPIOPAGG. S X CO_MMERCIALGENERAL LIAHIUTY S67MXX805936250 05/05/94 05/05/95 PERSONAL & ADV. INJURY $ 1,000, 000 CLAIMS MADE lil OCCUR. EACH OCCURRENCE S 1,000,000 OWNER'S & CONTRACTOR'S PROT. FIRE DAMAGE (Any one fire) $ 50,000 MED.EJ(PENSE(Anyoneperscn) S 5,000 B AUTOMOBILE LIABILITY ANY AUTO S67MXAS0150646 05/05/95 05 f 05 j96 COMBINED SINGLE LIMIT $ 1.000, 000 X BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY EXCESS LIABILITY EACH OCCURRENCE S AGGREGATE S UMBRELLA FORM OTHER THAN UMBRELLA FORM C STATUTORY LIMITS EACH ACCIDENT S _ 11000,000 WORKER'S COMPENSATION TSF10098903 05J05J95 05/05/96 DISEASE --POLICY UM&T $ 11 0 0 0, 0 0 0 AND EMPLOYERS' LIABILITY i jDISEASE--EACH EMPLOYEE $ 1,000,000 D OTHER [X]PROFESSIONAL LIABILI AAE008233490 12/12/94 12/12/95 LIMIT OF 1,000,000 LIABILITY DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLESI8PECIAL ITEMS PROFESSIONAL LIABILITY LIMIT AGGREGATE IS APPLICABLE TO ENTIRE POLICY TERM. .... ,..„ _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO LAURA RITCHIE-BUYER MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR CITY OF LUBBOCK LIABILITY OF ANY KIND UPON T OMPANY, ITS AGEREPRVqENTATIVES, 1625 13TH ST., ROOM L-04 AUTHORIZED REPRESENTATIVE LUBBOCK, TX 79401 �+�'