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Resolution - 2008-R0417 - Professional Services Agreement - Kimley-Horn And Associates, Inc. - 10_23_2008
Resolution No. 2008-R0417 October 23, 2008 Item No. 6.6 RESOLUTION 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 -ted to execute for and on behalf of the City of Lubbock, a Professional Services -'ement, by and between the City of Lubbock and Kimley-Horn and Associates, Inc., all related documents. Said Professional Services Agreement is attached hereto and rporated in this Resolution as if fully set forth herein and shall be included in the .ites of the Council. by the City Council this 23rd day of TTEST: ty AS TO CONTENT: AS TO FORM: October 2008. e- %/la►�o TOM MARTIN, MAYOR , First Assistant City Attorney 3orn-Prof. Services Agree.res 14, 2008 Resolution No. 2008-RO417 ■ Suits 275 2201 W. " Lana hump, Tow 75063,3206 Professional Services Agreement Kimley-Horn and Associates, Inc. ("KHA' or "the Consultant') and the City of Lubbock ("the Client") herein enter into this Professional Services Agreement for providing professional services for the design of Indiana Avenue — 103'd Street to FM 1585. The general project description, scope of services, schedule, and fee set forth are below. General Project Description (the "Project") The Project includes the widening of Indiana Avenue from 103'd Street to FM 1585 (130`h Street). Between 103'd Street and 114`h Street, Indiana Avenue will be widened from an existing 3 lane undivided asphalt roadway to a 7 lane undivided asphalt roadway. Between 114'' Street and FM 1585, Indiana Avenue will be widened from an existing 2 lane undivided asphalt roadway to a 7 lane undivided concrete roadway. The Project will include field survey, subsurface utility engineering (SUE), preparation of ROW and easement documents, a hydrology and hydraulics study of Playa Lakes 90A and 90B and adjacent drainage areas contributing to the watershed, roadway and storm drainage design, water and sanitary sewer main extensions, traffic signals, traffic control planning, franchise utility coordination, and bidding phase services. The Project will be designed in accordance with City of Lubbock design and construction standards and well as TxUOT design and construction standards for improvements within State ROW at FM 1585. Scope of Ser Aces KHA shall perform all activities (the "Services") and within the time frames as described in Attachment A, Scope of Services and/or as otherwise provided herein. (See attached Scope of Services (herein so called) — Attachment A, incorporated herein for all purposes) InAwnu tio■ Provided By Client KHA shall be entitled to reasonably rely on the completeness and accuracy of all information provided by the Client. The Client shall provide all available non - confidential information in the possession of the Client requested by KHA during the Project. ■ T L 214 420 5600 FAX 214 420 56W Schedule KHA will provide the Services as expeditiously as practicable to meet the described schedule. The design phase and all services to be provided by KHA to the Client as described in the Scope of Services and all deliverables described therein, shall be completed on or before one (1) year from the effective date of this Agreement. Fee and BMIng KHA will perform the services described in the Scope of Services on either a Lump Sum (LS) or Reimbursable (Cost Plus — CP) basis in accordance with the following major tasks. Lune Sum ILSL• Task Fes: Fee Tyne: Prdbdmwy Iks%e: 1. Project Management $35,240 LS 2. Survey Coordination $8,410 LS 3. Roadway $66,930 LS 4. Drainage Study and Design $111,340 LS 5. Water $6,500 LS 6. Sanitary Sewer $6,680 LS 7. Traffic $19,290 LS Final Design: 8. Project Management $40,310 LS 9. Roadway $143,510 LS 1 O.Drainage $29,610 LS I I . Water $6,990 LS 12.Sanitary Sewer $9,050 LS l 3.Traffic $17,000 LS 14.Traffic Control Plan $17,300 LS 15. Illumination $23,900 LS 15.Public Involvement $7,940 LS Subtotal Lamp Sued Fee: S549,300 Reimbnrsttbie W?k Task Fec Few Type; 1.Fibld Survey $82,302 CP 2.SUE $85,250 CP 3.ROW/Easements $30,250 CP 4.Oeoteclmicai $19,135 CP 5.Franchise Utility Coordination $24,535 CP 6.TxDOT Coordination $4,810 CP 7.Bid Phase Services $9,750 CP 8. *Undesignated Add. Services $10,000 CP (*Only provided by written authorization by the Client) Subtotal Relrabursable Fee: $36,l32 TOTAL Fee: SlISA32 KHA will perform the Lump Son Tasks identified in the Scope of Services for a lump scan fee of $549,M, which includes all reimbursable expenses. All permitting, application, and similar project fees will be paid directly by the Client. The Lump Sum fee breakdowns above are provided for budgeting purposes only and are not 'intended to represent a specific budget for each lump sum task. KHA reserves the right to reallocate the lump sum budget among tasks as determined necessary by KRA. Lump Sum fees will be invoiced monthly based upon the percentage of services performed as of the invoice date. KHA will provide the Reimbursable Tasks identified in the Scope of Services on a labor fee plus expense basis, not to exceed the sum of $266,032 for the reimbursable tasks, which includes all reimbursable expenses. The not to exceed amount will not be exceeded without the client's prior written approval and amendment of this Agreement. The reimbursable fee breakdowns above are provided for budgeting purposes only and are not intended to represent a specific budget for each reimbursable task. KHA reserves the right to reallocate the reimbursable budget among tasks as determined necessary by KHA. Labor fees will be billed according to the attached rate schedule, which is applicable for up to one year after the date of execution of this Agreement. Direct reimbursable expenses such as express delivery services, fees, and other direct expenses will be billed at 1.10 times cost. All permitting, application, and similar project fees will be paid directly by the Client. Reimbursable fees will be invoiced monthly based on the actual amount of services performed and expenses incurred. Payment of all fees will be due within 30 days of your receipt of the invoice. Ciasure In addition to the matters set forth herein, this Agreement shall include and be subject to, and only to, the terms and conditions in the attached Standard Provisions and other attachments made a part of this Agreement, which are incorporated herein by reference for all purposes. KHA, in an effort to expedite invoices and reduce paper waste, offers its clients the option to receive electronic invoices. For this project we intend to submit invoices via email in PDF format and by paper copy. Incorporation Attachments A, A-1, B and C are in hereby expressly incorporated in this Agreement for all purposes. Executed and effective this 23'd day of October, 2008. KIMLEY-HORN AND ASSOCIATES, INC. By: 1630MIX, G. Brad Tribble, P.E. Title: Senior Vice President/Project Manager CITY OF LUBBOCK TOW MARTIN, MAYOR ATTEST: Garza, City Secretary APPROV AS TO ONTENT: Heftel, .E., City Engineer APPROVED AS TO FORM: Richard K. Cam, First Assistant City Attorney Attachments — Standard Provisions Attachment A — Scope of Services Attachment A-1 — Additional Terms Attachment B — Current Hourly Rate Schedule Attachment C — Workplans (KHA and subconsultants) All Attachments are incorporated in this Agreement by reference for all purposes. KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS (1) Consultant's Scope of Services and Additional Services. The Consultant's undertaking to perform professional services extends only to the services specifically described in this Agreement. However, if requested by the Client and agreed to by the Consultant by amendment to this Agreement, the Consultant will perform additional services ("Additional Services"), and such Additional Services shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for the performance of any Additional Services an amount based upon the Consultant's then -current hourly rates plus direct expenses including in-house duplicating, local mileage, telephone calls, and postage. Other direct expenses will be billed at 1.1 times cost. (2) Client's Responsibilities. In addition to other responsibilities described herein or imposed by law, the Client shall: (a) Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions, so long as such decisions do not increase the expenditures of funds hereunder or otherwise alter the terms of this Agreement. (b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project including all numerical criteria the are to be met and all standards of development, design, or construction. (c) Provide to the Consultant all previous non -confidential studies, plans, or other documents pertaining to the project in its actual possession, so long as Client shall be allowed to rely on such material, as such material shall relate to the Project, and all new data reasonably necessary in the Consultant's opinion, such as site survey and Consultanting data, environmental impact assessments or statements, zoning or other land use regulations, upon all of which the Consultant may rely if such reliance shall be reasonable. (d) Arrange for access to the site and other private or public property as required for the Consultant to provide its services. (e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant, so long as such decisions do not increase the expenditures of funds hereunder or otherwise alter the terms of this Agreement. (0 Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary for completion of the Consultant's services. (g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility services as the Client may require in fiuthierance of the project development. (h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the scope and timing of the Consultant's services or any defect or noncompliance in any aspect of the project. (i) Bear all costs incident to the responsibilities of the Client, unless provided otherwise herein. (2A) The City Council of Client herein delegates the authority to act as the Client's representative under this Agreement to the City Engineer of Client, or his/her designee. (3) Period of Services. Unless otherwise stated herein, the Consultant will begin work timely after receipt of an executed copy of this Agreement and will complete the services within the time specified in this Agreement.. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control and cannot remedy through the exercise of diligence. (4) Metbod of Payment. Compensation shall be paid to the Consultant in accordance with the following provisions: (a) Invoices will be submitted periodically, via regular mail or email, for services performed and expenses incurred, if allowed by this Agreement. Payment of each invoice will be due within 30 days of receipt. Interest will be added to accounts at the rate as provided by the Texas Government Code. If the Client fails to make any payment due the Consultant under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services until all amounts due are paid in full. (b) The Client agrees that the payment to the Consultant is not subject to any contingency or condition, except as provided in this Agreement. The Consultant may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts fix= the Client. (5) Use of Doeuaxnts. All documents, including but not limited to drawings, specifications, reports, and data or programs stored electronically, prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used by the Client for other projects at its sole risk. They are not intended or represented to be suitable for use, partial use or reuse by the Client or others on extensions of this project or on any other project. Any modifications made by the Client to any of the Consultant's documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability to the Consultant. Any authorization or adaptation will entitle the Consultant to father compensation at rates to be agreed upon by the Client and the Consultant. Any electronic files not containing an electronic seal are provided only for the convenience of the Client, and use of them is at the Client's sole risk. In the case of any dew in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. Only printed copies of documents conveyed by the Consultant may be relied upon. (6) Opinions of Coat. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (7) Terminative. The obligation to provide father services under this Agreement may be terminated by either party upon seven days' written notice in the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, or upon thirty days' written notice for the convenience of the terminating party. In the event of any termination, the Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination. If the Consultant's compensation is a fixed fee, the amount payable for services will be a proportional amount of the total fee based on the ratio of the amount of the services performed, as reasonably determined by the Consultant, to the total amount of services which were to have been performed If this Agreement is terminated, the Consultant shall provide the Client all documents (level of completeness determined by the termination date), including but not limited to drawings, specifications, reports, and data prepared by the Consultant that are related exclusively to the services described in this Agreement. (8) Insurance. The Consultant shall procure and carry Workers' Compensation insurance, professional liability insurance, and general liability insurance as set forth in Attachment A-1. (9) Standard of Care. In performing its professional services, the Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the services are provided. No warranty, express or implied, except as expressly provided herein, is made or intended by the Consultant's undertaking herein or its performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. (10) LIMITATION OF DAMAGES. Under no circumstances shall the Consultant be liable for costs related to the failure of contractors to perform work in accordance with the plans and specifications. (11) Certificatieim The Consultant shall not be required to execute certifications or third -party reliance letters that are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable rules ofprofimsional responsibility. (12) [Iateetioeally essittedj (13) Hazardous Substances and Coaditloas. (a) Services related to determinations involving hazardous substances or conditions, as defined by federal or state law, are limited to those tasks expressly stated in the scope of services. In any event Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to pre-existing hazardous substances and conditions. Consultant's services will be limited to professional analysis, recommendations, and reporting, including, wiser► agreed to, plans and specifications for isolation, removal, or remediation. (b) The Consultant shall notify the Client of hazardous substances or conditions not contemplated in the scope of services of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated. T!w parties shall decide if Consultant is to proceed with its services and if Consultant is to conduct testing and evaluations, and the parties may enter into further agreements as to the additional scope, fee, and terms for such services. (14) Construction Phase Services (No Constructive Phase Services are anticipated as part of this Agreeraeat. It Construction Phase Services are requested by the Cheat, they wifi be provided as an Aehendnent to this Agreement.) (a) If the Consultant's services include the preparation of documents to be used for construction and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. (b) If the Consultant provides construction phase services, the Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, [nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. (c) The Consultant is not responsible for any duties assigned to the design professional in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor's general liability insurmwe policy. (1 S) No 1111rd-Party Beael chwies; AsslpmW and SubeeAtracting. This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant The Consultant reserves the right to augment its staff with subconsultants, as approved by Client (the subconsultants specifically defined and described in the Agreement being approved by Client), as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed -upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants. (16) CeaBdeatiallity. The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information created by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. (17) Miseelianewis Prsvisimm This Agreement is performable in Lubbock County, Texas and is to be governed by the law of the State of Texas. Venue for any action under or related to this Agreement shall exclusively lie in courts of competent jurisdiction in Lubbock County, Texas. This Agreement contains the entire and fully integrated agreement between the parses and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. This Agreement can be supplemented or amended only by a written document duly authorized and executed by both parties. Provided, however, that any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement Indiana Avenue from 103rd St. to F.M. ISM City of Lubbock Scope of S*Mces - Attachment A Project Understanding The Project includes the widening of Indiana Avenue from 103'" Street to F.M. 1585 (130"' Street). Between 10e Street and 110 Street, Indiana Avenue will be widened from an existing 3 lane undivided asphalt roadway to a 7 lane undivided asphalt roadway. Between 114"' Street and FM 1585, Indiana Avenue will be widened from an existing 2 lane undivided asphalt roadway to a 7 lane undivided concrete roadway. The Project wilt include field survey, subsurface utility engineering (SUE), preparation of ROW and easement documents, a hydrology and hydraulics study of Playa Lakes 90A and 90B and adjacent drainage areas contributing to the watershed, roadway and storm drainage design, water and sanitary sewer main extensions, traffic signals, traffic control planning, franchise utility coordination, and bidding phase services. The Project will be designed in accordance with City of Lubbock design and construction standards and well as TxDOT design and construction standards for improvements within State ROW at F.M. 1585. 1. Survey 1.1. Data Collection and Property Research 1.1.1 Gather existing plat information 1.1.2 Collect property owner and record information 1.1.3 Gather existing right-of-way and easement information 1.1.4 Prepare and distribute right -of -entry letters to adjacent landowners • Right -of -entry letter will be printed on City of Lubbock letterhead (provided by City) 1.2. Design Survey 1.2.1 The limits of the survey will be from 500-ft. north of 103rd Street to 200-ft. south of FM 1585. The survey will include the proposed right-of-way width (typically 110') plus an additional 50' outside of the right-of-way lines. The following areas shall also be surveyed: • Along 114"' Street for 1300' east and west of intersection with Indiana Avenue • Along F.M. 1585 for 1000' east and west of intersection with Indiana Avenue • Overflow area from 114th Street to Playa Lake 90-8 Finished floor elevations of existing structures adjacent to the right-of-way • Cross sections of potential drainage channels downstream of anticipated low water crossings (up to 3 locations) 1.2.2 Establish control monuments (6 per mile) with aluminum caps set in concrete with static GPS based on approval from City of Lubbock 1.2.3 Establish a vertical control for monuments using digital level and City of Lubbock control on NAVD 881NAD 83. 1.2.4 Coordinate with City and Design Team regarding field survey necessary 1.2.5 Perform a field survey to identify and locate existing topographic elements within the roadway corridor including, but not limited to the following: • Property comer monumentation • Existing pavement, curbs, sidewalks, barrier free ramps, etc. • Roadway and lane striping • Driveways • Existing culvert sizes and invert elevations • Existing driveways and swales • Utility manholes, vaults, water valves, water meters, telephone poles, power poles, utility markers, other public utilities, and franchise utilities • Traffic signal poles, cabinets, and other signal equipment • Signs (excluding temporary signs) • Trees, including species and caliper • Buildings and permanent structures • Retaining walls City of Lubbock - Indiana Avenue from 103rd St. to F.M. 1585 Page 1 of 13 Engineering Scope of Services October 3, 2008 • Fence limits and material types (excluding temporary fences) • Other applicable physical features that could impact design 1.2.6 Perform cross -sections throughout project limits at 50-foot intervals, at grade breaks, and at additional locations as required • Prepare cross-section field notes 1.2.7 Prepare a right-of-way strip map • The right-of-way strip map shall be contained on standard size plan sheet (24"x36") at a scale not smaller than 1" = 30', shall be sealed, dated, and signed by a Registered Professional Land Surveyor and shall contain the following: - Summary sheet listing all parcels to be acquired, property owners, gross area of property, square footage and type of easements, net area of property after acquisition, a column for volume and page of filing, and current volume and Inge - Comers of all parcels tied to the centerline - Location of all existing property pins, including station and offset to the centerline - Location of all new property pins, including station and offset to the centerline - Parcel number - Area required - Area remaining - Current owner Any existing platted easements or easements filed by separate instrument including easements provided by utility companies • The Consultant will coordinate with the City and its ROW consultant performing work along the project corridor. The Consultant will closely coordinate with the City in order to avoid potential overlap of ROW investigation or ROW surveying services. 1.2.8 Prepare a final topographic drawing in digital format (including contours and breaklines) showing the features located in the field as well as right-of-way strip map information, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions 1.3. Subsurface Utility Engineering (SUE) 1.3.1 SUE work required for this project will be performed in general accordance with the recommended practices and procedures described in ASCE Publication Cl/ASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). As described in the mentioned ASCE publication, four levels have been established to describe the quality of utility location and attribute information used on plans. The four quality levels are as follows: • Quality Level D (QL"D") - Information derived from existing records; • Quality Level C (QL"C") - QL"D" information supplemented with information obtained by surveying visible above -ground utility features such as valves, hydrants, meters, manhole covers, etc. • Quality Level B (QL"B") - Two-dimensional (x,y) information obtained through the application and interpretation of non-destructive surface geophysical methods. Also known as "designating" this quality level provides the approximate horizontal position of subsurface utilities within approximately one foot. • Quality Level A (QL"A") - Also known as "locating", this quality level provides precise three dimensional (x,y,z) information at critical locations by exposing specific utilities. Non-destructive vacuum excavation equipment is used to expose the utilities at speck points which are then tied down by survey. • The due -diligence provided for this project will consist of reviewing "As -Built" documents available from utility owners. Utilities that are not identified through these efforts will be here forth referred to as "unknown" utilities. The defined work area will be scanned using electronic prospecting equipment to search for "unknown" utilities. • Field survey existing sanitary sewer manhole locations and flowlines City of Lubbock - Indiana Avenue from 103rd St. to F.M.1585 Page 2 of 13 Engineering Scope of Services October 3, 2008 1.3.2 Once the QL"B", designating, has been completed, QL"A" locations will be located, as required. For purposes of this proposal, it has been assumed that a total of forty (40) test holes will be required (30 holes 0'-5' deep and 10 holes 5'-8' deep). 1.3.3 Upon receipt of the processed survey data, a preliminary review of the data will be performed to check for completeness and accuracy. Once this preliminary review is complete the required SUE deliverables will be prepared which include plan sheets that are signed and sealed. 1.3.4 Prior to beginning field designating activities, a field manager will review the project scope of work and available utility records. Once these initial reviews are complete, the field manager and technicians will begin designating the approximate horizontal position of known subsurface utilities within the specified project limits. A suite of geophysical equipment (electromagnetic induction, magnetic) will be used to designate metallictconductive utilities (e.g. steel pipe, electrical cable, telephone cable). Non- metallic/non-conductive utilities will be designated using other proven methods, such as rodding and probing. Where access is available, a sonde will be inserted into the utility line (e.g. PVC gravity sewer pipe) to provide a medium for signal transmission, which can then be designated using geophysical equipment. Any access to City utilities will be coordinated with the City prior to any field activities. 1.3.5 The field manager will produce detailed sketches depicting each utility as we11 as relevant surface features such as roadways, buildings, manholes, fire hydrants, utility pedestals, valves, meters, etc. Each utility will be labeled with a unique ID code. For example, if two buried electric cables exist on the project, one will be labeled E1 and the other E2. Paint and pin flags will be used to designate the utilities in the field. A labeled pin flag or paint mark will be used to mark each location where a survey shot is required. Shot points will typically be placed at 100-foot intervals on utilities running parallel to the alignment and at 50-foot intervals on utility crossings. The locations will be numbered sequentially for each individual utility line. For example, if there are 50 shots required on buried electric line El, the points will be numbered E1-1 through E1-50. 1.3.6 Preliminary field sketches depicting the designated utilities will be prepared for use during subsequent surveying activities. These sketches will also be used to check the survey information for completeness and accuracy. 1.3.7 Utility designating marks will be utilized to layout the test -hole locations. When test holes are required under pavement, a 10" core drill will be used to prevent spawling. The test hole will be backfilled with clean, dry backfill and finished with like material, concrete or asphalt. 1.3.8 Non-destructive vacuum excavation equipment will be used to excavate test holes at the required locations. Once each utility is located, the utility type, size, material, depth to top, and general direction will be recorded. Each test hole-Ml be assigned a unique ID number and will be marked with rebar/cap, nail/disk, or chiseled X, as appropriate. The test -hole ID number and other pertinent utility information will be placed at each test -hole location. Test -hole excavations will be backfilled with appropriate material and the original surface will be restored. The backfill will be compacted in lifts by mechanical means to prevent future settlement. 1.3.9 SUE plans depicting the type and horizontal location of the designated utilities will be prepared. The size of each utility will also be presented on the SUE plans where test - holes have been completed. Where no test -holes have been completed, the size and material type will be provided only if the information is indicated on available record drawings. 1.3.10 A summary sheet containing test hole field notes will be produced. A test hole data form will be prepared for each test hole following receipt of coordinate and elevation information from the surveyor. SUE plans depicting designated utility information will be revised to include test hole locations. 3. Rlght-of-Way / Easemnit fnWumerft of Csnveyanes 2.1. Prepare right-of-way instruments (narrative and graphic exhibits of right-of-way takes) and setting new property comers in the field 2.1.1 Up to 8 parcels are anticipated City of Lubbock - Indiana Avenue from 103rd St. to F.M. 1585 Page 3 of 13 Engineering Scope of Services October 3, 2008 2.2. Prepare easement instruments (narrative and graphic exhibits of easements required for drainage, City utilities, temporary construction, etc.) 2.2.1 Up to 8 parcels are anticipated 2.3. Individual parcel exhibits shall be on 8'/z"xl1" paper, shall be sealed, dated, and signed by a Registered Professional Land Surveyor and shall contain the following: 2.3.1 Parcel number 2.3.2 Area required 2.3.3 Area remaining 2.3.4 Legal description 2.3.5 Current owner 2.3.6 Any existing platted easements or easements filed by separate instrument including easements provided by utility companies 2.3.7 All physical features 2.3.8 Metes and bounds description of parcel to be acquired. The description shall be provided on a separate sheet from the exhibit. Each type of easement shall be described separately. 2.4. Upon written notification by the City of acceptance of the right-of-way strip map, exhibits and instruments, and as directed by the City, the surveyor shall set all comers and points of curvature for the proposed right-of-way and submit final sealed plans and exhibits, including location of the control points and their NAVD 88/NAD 83 reference 2.5. The Consultant will coordinate with the City and its ROW consultant performing work along the project corridor. The Consultant will closely coordinate with the City in order to avoid potential overlap of ROW or easement document preparation services. a. Goo achnical 3.1. Subsurface Exploration 3.1.1 Roadway • One test hole will be dug to evaluate soil conditions to a depth of 3 feet below existing flex base. The existing pavement will be cut and the surface and flex base removed. Digging will be performed using a backhoe. The test hole will be patched and backfilled with cement stabilized flowable fill. • Six (6) cores will be taken on Indiana Avenue to determine the existing typical pavement section. Three cores will be taken south of 114th Street and three cores will be taken north of 114th Street. The cores north of 1141h Street will be taken in each outside lane and one in the center lane. • Soil samples obtained from the test borings will be identified according to test boring number and depth, and a representative portion of each sample will be sealed in a plastic bag to protect against moisture loss. • Two additional samples will be taken in the unimproved areas at a depth of 0 to 1 foot. Atterburg limits will be performed to determine the engineering properties of the soil. 3.1.2 Drainage • Three 4 foot deep borings will be made at anticipated culvert locations to determine soil class, and Atterburg limits. 3.2. Field Testing A standard proctor and nuclear field density test will be performed at the subgrade and three feet below subgrade to check existing field density. 3.3. Laboratory Services Samples will be transported to the PaveTex laboratory where they will be examined and visually classified by a PaveTex Geotechnical Engineer using the AASHTO and Unified Soil Classification System (USCS) in general accordance with ASTM D 2488. To aid in classification of the soils and determination of their selected engineering characteristics, a testing program will be conducted on selected samples in general accordance with the following standards: Laboratory Tsst 'Test Standard City of Lubbock - Indiana Avenue from 103rd St. to F.M.1585 Page 4 of 13 Engineering Scope of Services October 3, 2008 Moisture Content ASTM D 2216 Atterberg Limits ASTM D 4318 Percent Passing No. 200 Sieve ASTM D 1140 Texas Triaxial TEX 117-E 3.4. Engineering Services • Laboratory test results will be used to classify the soils according to the AASHTO soil classification. PaveTex will also perform the TxDOT Tri-axial class to determine the appropriate subgrade modulus of elasticity for pavement design. 4. Prethninary Design 4.1. Project Management 4.1.1 Develop project communication plan • Develop project contact list • Prepare for and conduct monthly progress meetings to monitor the development of the project. The first meeting being the project kick-off meeting - 4 total meetings anticipated. • Coordinate with subs onsultants (geotechnical, survey, SUE, drainage) • Prepare and e-mail weekly progress reports to the project team (City, subconsultants (as necessary), and KHA Staff) Attend project site visits (up to four (4)) 4.1.2 Develop project production plan • Document design criteria chart (coordinate with City staff at the project kick-off meeting) - Design speed - Existing utility design criteria - Pavement design parameters - Horizontal alignment design criteria - Vertical alignment design criteria - Typical section requirements (lane, median, sidewalk, and parkway widths, etc.) - Intersection design criteria - Driveway design guidelines (commercial and residential) • Develop role and assignment definitions (coordinate with City staff at the project kick-off meeting) • Develop project schedule and interim milestones (coordinate with City staff at the project kick-off meeting) • Coordinate milestones with QC/QA reviewer, distribute plans and collect comments from the QC/QA reviewer 4.1.3 Project Administration • Prepare project correspondence and invoicing documents 4.2. Roadway 4.2.1 Data Collection (City to provide hard copy and electronic format if available) • City design criteria (Consultant is aware that the selected project design criteria could change due to limitations of actual conditions and/or geographic constraints. Variances to design criteria will be provided only upon approval of the City) • City standard details • Other applicable City ordinances • Construction contract document standards • City infrastructure and master thoroughfare plan (MTP) requirements • Proposed / existing development plats and traffic impact analysis reports for properties adjacent to the project • Battier free ramp standard details 4.2.2 Electronic Pile setup City of Lubbock - Indiana Avenue from 103rd St. to F.M.1585 Page 5 of 13 Engineering Scope of Services October 3, 2008 • Establish working seed files and distribute to project team (subconsultants) Verify the existing ground surface once received from subconsultant (.tin file) • Incorporate SUE line work into design files 4.2.3 Prepare for and attend up to two (2) meetings with TxDOT and City staff to discuss Indiana/FM1585 intersection design 4.2.4 Prepare the preliminary roadway alignment • Prepare typical sections - existing and proposed • Typical Sections to include subgrade and pavement design specification provided by the City • Prepare preliminary plan and profile (electronic roll plot format, 1"=50' scale). Items to be included: Plan: - Control data - Existing / proposed right-of-way - Existing topography - Existing pavement - Proposed centerline alignment and horizontal curve data - Proposed face of curb - Proposed transition pavement tie-ins to existing pavement - Proposed culvert alignments and sizes - Existing trees - Existing driveway locations - Proposed commercial and residential driveways - Existing storm drain and culvert locations - Existing water line locations - Existing sanitary sewer line locations - Existing franchise utility locations (based upon SUE information) Profile: - Existing ground profiles at the proposed ROW lines - Proposed vertical alignment - Proposed grade line (PGL) will be located at the gutter line (flowline at the face of curb) - Superelevation data (if applicable) 4.2.5 QA/QC • Review preliminary design in accordance with quality assurance standards established for this project. 4.2.6 Address Comments • QC/QA comments will be collected from each reviewer, documented, and comments - addressed prior to the 30% review meeting with the City _ 4.3. Drainage 4.3.1 Data Collection and Property Research • Gather existing aerial topographic information • Gather approved drainage analysis reports for developments within the drainage areas of the playa lakes to be studied • Obtain the NEC-1 input/output data for Playa System K as used for the Master Drainage Plan (MOP) • Research existing drainage easements in the overflow paths throughout Playa System K • Coordinate with Planning Department and Storm Water Department to obtain any preliminary plats and preliminary drainage maps for developments within the drainage areas of the playa lakes to be studied • Meet with Storm Water Department to go over all researched data to confirm that all data necessary has been obtained and assumptions are acceptable 4.3.2 Duplicate Model for Playa System K City of Lubbock - Indiana Avenue from 103rd St. to F.M.1585 Page 6 of 13 Engineering Scope of Services October 3, 2008 • Using the HEC-1 input data from the MDP, create a duplicate model for the 100- year, 24-hour storm event in ICPR to confirm a working model • Coordinate duplicate model results with Storm Water Department prior to advancing to the existing conditions model for Playa System K 4.3.3 Existing Conditions Model for Playa System K • Update the duplicate model with the most recent topographic information on NAVD datum and existing/proposed land uses for the following parameters: - Stage/area relationships - Starting water surface elevations - Overflow elevations - Curve numbers (based on future fully developed conditions) - Times of concentration - Overflow reach channel characteristics and lengths • Modeling required to ensure 12" overflow above curb limit is not exceeded • Execute the model for the 100-year and 5-year storm events and analyze the results for any irregularities and compare with existing conditions model • Coordinate existing conditions model results with Storm Water Department 4.3.4 Offsite and Local Drainage Analysis • Delineate the watersheds contributing to the Indiana Avenue right-of-way • Use any filed plats/drainage maps or land -use maps to determine "C" coefficients, times of concentration, and drainage areas • Use rational method for areas under 200-acres to determine the storm water runoff to all points where storm water currently crosses or is proposed to cross Indiana Avenue • Use ICPR for areas greater than 200-acres to determine the storm water runoff to all points where storm water currently crosses or is proposed to cross Indiana Avenue 4.3.5 We do not anticipate the project impacting the U.S. Army Corps of Engineers' jurisdiction. However, if required we will provide a jurisdictional determination as Additional Services. 4.3.6 Master Planning for 1141h Street and Indiana Avenue Intersection and Playa Lake 90A Plan the storm water conveyance across 114th Street to the west of Indiana and determine the need for any additional drainage channels that may be necessary on the south side of 114th Street Develop design alternatives to drain the intersection of 114th and Indiana with storm sewer. Final stem sewer design and construction plans will be provided as Additional Sen4ces. • Develop design alternatives to provide adequate conveyance of the overflow from Playa Lake 90A to Playa Lake 908 • Coordinate any such drainage channels, additional drainage easements, and potential storm sewer with the roadway design for Indiana and City of Lubbock 4.3.7 Low Water Crossing Analysis in Indiana Avenue • Analyze grade and easement availability to determine low water crossing options • Coordinate with adjacent land owners to obtain easements • Provide hydraulic calculations and design iterations for low water crossing options (i.e. culverts, low water crossing or combo) using Manning's equation or ICPR • Check box culverts to ensure that they will handle the 5-year storm 4.3.8 Proposed Conditions Model for Playa System K • Models will be developed for 5, 100, and 500-year frequency storms • Using final design parameters, produce a proposed conditions model to determine the effects of the proposed crossings upstream and downstream • Coordinate proposed model with Storm Water Department prior to finalizing drainage plans 4.4. Utilities 4.4.1 Data Collection (City to provide hand copy and electronic format if available) • Existing water line locations / record drawings City of Lubbock - Indiana Avenue from 103rd St. to F.M.1585 Page 7 of 13 Engineering Scope of Services October 3, 2008 • Water master plan requirements • Existing sanitary sewer line locations / record drawings • Sanitary sewer master plan requirements • City utility relocation requirements (if applicable) 4.4.2 Public Utilities Design • Establish the location of existing public utilities based upon information provided by the City and field survey information • Preliminary plan of a new 12" water line - The proposed 12" water line will extend the existing main in Indiana Avenue approximately 1,285-ft. from approximately 126E Street south to FM 1585. The main will be along the east ROW. - We anticipate up to ten (10) 12" stub -outs to the west. The stub -outs will be provided between 114th Street and FM 1585. Three (3) additional 12" stub -outs will be provided at the FM 1585 intersection - one to the east, one to the west, and one to the south. - If the City chooses to parallel the existing water line with a new water line along the west ROW we will provide the design as Additional Services. • Preliminary plan of a new 10" sanitary sewer line - The proposed 10" sanitary sewer line will extend the existing main approximately 2,650-ft. from approximately 106th Street south to 114th Street. 4.4.3 Franchise Utility Coordination • Data Collection and Research - Send notification letter with project limits delineated to franchise utility companies. Gather existing franchise utility information - Prepare exhibit that indicates franchise utility locations based upon SUE - Coordination meeting with franchise utility companies to discuss any known potential conflicts and any future plans to extend franchise utility lines prior to roadway construction - Coordination with Surveyor regarding topographic information to be collected on utility locations • Coordination - Coordinate possible utility conflicts with roadway design team - Coordinate possible conflicts due to vertical alignment of roadway with SUE for additional data acquisition - Prepare exhibit indicating franchise utility information based upon vertical information obtained from SUE survey - Coordinate utility relocation assignments and schedule 4.5. Traffic 4.5.1 Data Collection • Traffic Volume Counts - Collect 24-hour directional tube counts along Indiana Avenue. These counts will include the vehicle classification percentages and wheel loadings - Collect Weekday AM and PM peak hour turning movement counts at the following intersections: a Indiana Avenue at 108th Street, 114th Street, and FM 1585 - Traffic volume counts will be coordinated with the City prior to the actual counts taking place. • Traffic Plans • City signal design criteria, standard details, and specifications • Record drawings for existing signals 4.5.2 Traffic Signals • Meet with TxOOT to discuss F.M. 1585 intersection design and layout • Preliminary design of permanent traffic signal installations at 108th Street and Indiana Avenue and 114th Street and Indiana Avenue City of Lubbock - Indiana Avenue from 103rd St to F.M.1585 Page 8 of 13 Engineering Scope of Services October 3, 2008 Locate pole locations, controller cabinet assemblies, and power sources Locate conduit, ground boxes, and identify cabling requirements Identify detection system equipment requirements Identify emergency pre-emption equipment requirements Identify pedestrian accommodations (crosswalks, ADA barrier free ramps, pedestrian signals, and push -buttons) Prepare preliminary intersection layouts and summary charts for each intersection Prepare list of applicable City and TxDOT design details and standard sheets for inclusion in the plans Prepare list of specifications Preliminary design of span wire traffic signal installation at F.M. 1585 and Indiana Avenue. - Locate timber pole locations, controller cabinet assemblies, and power sources Locate overhead span wire, signal head placement, and identify cabling requirements - Identify detection system equipment requirements Identify emergency pre-emption equipment requirements Identify pedestrian accommodations (crosswalks, pedestrian signals and push- buttons) Prepare preliminary intersection layouts, summary charts, span wire elevations for the intersections Prepare list of applicable TxDOT design details and standard sheets for inclusion in the plans Prepare list of specifications 4.5.3 Traffic Control Plans • Develop initial construction sequence plan views showing: - Travel lanes and construction areas for each phase of construction Temporary signal locations Temporary signing and striping, barricades, and other channelization devices Narrative of the suggested sequence of construction including utility construction phasing Utility construction phasing Vehicle and pedestrian detour routing during construction (if applicable) 4.6. Preliminary Design Submittal (30%) 4.6.1 KHA will host a review meeting with the City reviewing staff at the KHA office and conduct an electronic review. Review comments will be recorded during this meeting and distributed to members of the design team and the City. This review shall include the following: • Preliminary roadway alignment (plan and profile) • Preliminary storm drainage and culvert design (plan only, no profile) and drainage area map • Preliminary utilities design • Preliminary traffic signal design plans and specifications list • Preliminary traffic control plan narrative • Overview of the Playa System K updated model • Preliminary opinion of probable construction cost - Compile and prepare a preliminary opinion of probable construction cost for the entire project using recent average unit bid prices which are representative of similar types of construction in the local area Upon approval of the preliminary (30%) design, we will commence with Final Design tasks as outlined in Section 5. City of Lubbock - Indiana Avenue from 103rd St. to F.M.1585 Page 9 of 13 Engineering Scope of Services October 3, 2008 5. Final Design 5.1. Project Management 5.1.1 Project Communication • Prepare for and conduct monthly progress meetings to monitor the development of the project. 7 total meetings anticipated. • Prepare and e-mail weekly progress reports to the project team (City, subconsultants (as necessary), and KHA Staff) 5.1.2 Project Administration • Prepare project correspondence and invoicing documents 5.2. Roadway 5.2.1 Incorporate the 30% review comments 5.2.2 Prepare plan / profile sheets (22"x34" plan sheets at a scale of 1 "=50' horizontal, and 1 "=2' vertical). The final bid documents will be 11"x17" plan sheets at a scale of 1"=100' horizontal, and 1 "=4' vertical • Include the following items in addition to those included in the preliminary design submittal: - Proposed easement locations (if any) - Proposed sidewalk locations - Proposed residential and commercial driveways - Horizontal Alignment Data - Traffic Control Phasing layouts - Pavement marking layouts - Erosion control plans - Barrier free ramps - Demolition plan - Intersection layouts - Small sign summary - Standard design details - TxDOT standards 5.2.3 Analyze all driveways within the project and develop driveway profiles as needed. Typically driveways will be Mined vertically by spot elevations. 5.2.4 For side street reconstruction more than 100' beyond the main street right-of-way, prepare a plan / profile of the side street improvements. Otherwise, the side street improvements will be defined vertically by spot elevations. 5.2.5 Develop design cross -sections • Develop on 50' station intervals and at driveway centerlines • Show pavement and subgrade, right-of-way limits, side slopes, pavement cross slopes, curbs, and sidewalks Cross -sections will not be provided in the bid documents but will be made available to prospective bidders 5.2.6 Prepare roadway details to clarify intent of design 5.2.7 Compile applicable City standard details. Modify standard details as needed. 5.2.8 Pavement Markers and Marking Plans • Prepare pavement markers and marking layouts in accordance with City design standards and the Texas Manual of Uniform Traffic Control Devices (TMUTCD) • Prepare details to clarify intent of design • Compile applicable City standard details. Modify standard details as needed. • !Signing layout and design will not be provided • List the signs on the TxDOT standard summary sheets together with totals for each mount type. • Summarize the large signs on TxDOT's standard large sign summary sheet (if applicable) 5.2.9 Project Site Visits (3) 5.3. Drainage 5.3.1 Plan Production City of Lubbock - Indiana Avenue from 103rd St. to F.M. 1585 Page 10 of 13 Engineering Scope of Services October 3, 2008 • Provide Drainage Area Map complete with time of concentration routes, curve numbers calculated as per the Drainage Criteria Manual (DCM) for each drainage area, drainage area denoted in acres, and all necessary points of interest labeled • Provide summary sheets showing all of the necessary hydrologic and hydraulic calculations and assumptions • Provide a drainage easement/channel grading plan for each drainage easement/channel proposed • Provide erosion control plans, details, and SWPPP 5.3.2 Technical Specifications • Provide technical specifications for erosion control methods and any off -site earthwork 5.4. Utilities 5.4.1 Water • Adjustments to existing water valve boxes, etc. will be specified in the plans • Prepare final plan and profile for the 12" water line design as approved by the City's review of the 30% design submittal • Observe utility relocations by Franchisees in the field in coordination with the plans 5.4.2 Sewer • Adjustments to existing manholes, etc. will be specified in the plans • Prepare final plan and profile for the 10" sanitary sewer line design as approved by the City's review of the 30% design submittal 5.4.3 Franchise Utility Coordination • Submit one set of final design plans and the project schedule to each affected franchise utility for their review and comment • Coordination with the franchise utilities if any relocations are required • Attend one (1) pre -construction meeting with all franchised utility companies prior to the start of the franchised utility relocations • Perform up to twenty (20) periodic site visits to observe construction and general compliance with the franchise utility relocation assignments. 5.4.4 Prepare utility details to clarify intent of design 5.4.5 Compile applicable City standard details. Modify standard details as needed. 5.5. Traffic 5.5.1 Traffic Signals • Design of permanent signals at 108th Street and Indiana Avenue and 114th Street and Indiana Avenue - Incorporate the preliminary design submittal review comments - Finalize the layouts and summary charts for the intersection Finalize the applicable TxDOT and City design details - Finalize the specifications - Finalize the traffic signal sheets for inclusion in the plans • Design of span wire signals at FM 1585 and Indiana Avenue - Incorporate the preliminary design submittal review comments - Finalize the layouts and summary charts for each phase of construction - Finalize the list of applicable TxDOT design details - Finalize the specifications - Finalize the traffic signal sheets for inclusion in the plans - Prepare for and attend two (2) meetings with TxDOT and City to discuss traffic signal design 5.6. Traffic Control Plans 5.6.1 Develop constriction sequence plan showing: • Travel lanes and construction area for each phase of constriction • Temporary signing and striping, barricades, and other channelization devices • Narrative of the sequence of work • Storm sewer construction phasing City of Lubbock - Indiana Avenue from 103rd St. to F.M. 1585 Page 11 of 13 Engineering Scope of Services October 3, 2008 • Public utilities construction phasing • Pedestrian routing during construction 5.6.2 Develop typical cross sections showing lane widths, edge conditions, channelization and proposed construction area 5.6.3 Develop typical intersection staging plans for similar intersections. Develop custom intersection staging layouts for special conditions. 5.6.4 Develop typical driveway staging plans for similar driveways. Develop custom driveway staging layouts for special conditions. 5.6.5 Prepare traffic control details to clarify intent of design 5.6.6 Compile applicable City standard details. Modify standard details as needed. 5.7. Illumination 5.7.1 Design of pavement illumination systems to provide lighting levels in accordance with applicable local codes and IESNA recommended practices. 5.7.2 Prepare a photometric layout from 103'd Street to FM 1585 along Indiana Avenue and perform one iteration of the photometric layout based on the City's review. 5.7.3 Prepare illumination construction plans as needed for inclusion in the civil construction documents. The illumination plans will include light pole location data, foundation details, conduit routing, conductor sizing, and electrical service locations. 5.7.4 Provide supporting calculations 5.7.5 Provide technical specifications for the light poles and fixtures. 5.7.6 Coordinate with local electric service providers for electrical service locations 5.7.7 One (1) meeting shall take place with the Consultant and the local electric service provider(s) along with the City to discuss design of the illumination system. 5.8. Final design submittal (60%) 5.8.1 KHA will attend a meeting with City review staff in Lubbock and provide a roll plot at a scale of 1 "=50' horizontal, and 1 "=2' vertical. Documents also provided for this review shall include the following: • Updated opinion of probable construction cost 5.9. Final design submittal (90%) 5.9.1 Submit seven (7) 11 "x17" paper copies to the City for review and comment 5.9.2 Submittal shall include the following: • Final design plans • Contract documents including the following: - City of Lubbock standard construction contract forms - Notice to bidders Special instructions to bidders - - Bid form - Standard construction contract - Performance bond - Payment bond - Maintenance bond - Certificate of insurance - General conditions - Special provisions - Technical specifications • Opinion of probable construction cost • Provide a completed application for the City to submit to the Texas Department of Licensing and Regulation (along with one of the plan sets) for review in accordance with to the Elimination of Architectural Barriers Act. The application fees will be paid directly by the City. 5.10. Incorporate the final design submittal review comments 5.11. Prepare the final opinion of probable construction cost City of Lubbock - Indiana Avenue from 103rd St. to F.M.1585 Page 12 of 13 Engineering Scope of Services October 3, 2008 5.12. Final design submittal (100%) 5.12.1 Submit seven (7) half-size sets of plans and specifications to the City 5.12.2 Submit the final opinion of probable construction cost 5.12.3 Prepare a construction duration estimate using anticipated production rates applicable to the local area 5.12.4 Prepare general notes and specification data. Identify and prepare special specifications and/or special provisions applicable to the project. 5.12.5 Submit a letter of notification to the City stating completion of the design of the project 6. Public InvolvemeM 6.1. Attend one (1) stakeholder information meeting presenting the City -approved 90% plans during the final design phase of the project (this meeting likely to include City staff, business owners, area residents, ISD representatives, and the general public) 6.1.1 Prepare exhibits for the meeting 6.1.2 City will schedule and coordinate meeting location 6.1.3 City will be responsible for distributing stakeholder invitations and meeting announcements 6.1.4 Prepare for and attend the meeting T. Bidding Phase 7.1. All necessary bid documents will be provided to prospective bidders by the City's 3rd-party bidding service 7.2. Attend a pre -bid meeting with prospective bidders 7.3. Prepare and submit addenda to City to issue as appropriate to interpret, clarify, or expand the bidding documents 7.4. Attend the Bid Opening 7.5. Tabulate the bids received and evaluate the compliance of the bids received with the bid documents 7.6. Prepare a written summary of this tabulation and evaluation together with a letter addressing the award of the construction contract 8. Additional Se vices Services not specifically identified in the Scope of Services above shall be considered additional and shall be performed on an individual basis upon authorization by the City. Such services shall include, but are not limited to, the following: 8.1 Construction staking 8.2 Pavement design 8.3 Design of any offsite drainage improvements beyond the improvements identified in the scope 8.4 Existing water or sanitary sewer relocations 8.5 Environmental services 8.6 Landscape design 8.7 Irrigation design 8.8 Construction Contract Administration 8.9 Design of retaining walls, specialized inlets, or gabion mattress erosion control systems 8.10 Preparation for and attendance at public meetings beyond what was identified in the scope 8.11 Furnish additional copies of review documents and/or bid documents in excess of the number of the same identified above 8.12 Assist the City as an expert witness in litigation in connection with the project or in hearings before approving and regulatory agencies 8.13 Redesign to reflect project scope changes requested by the City, required to address changed conditions or change in direction previously approved by the City, mandated by changing governmental laws, or necessitated by the City's acceptance of substitutions proposed by the contractor • End of Scope of Services - City of Lubbock - Indiana Avenue from 103rd St. to F.M.1585 Page 13 of 13 Engineering Scope of Services October 3, 2008 1. Independent Contractor. It is understood and agreed that Consultant is to perform the Services in a sound and professional manner and exercising the degree of care, skill and diligence in the performance of the Services as is exercised by a professional Consultant under similar circumstances and Consultant hereby warrants to the Client that the Services shall be so performed. Further, Consultant is and shall be considered at all times an independent contractor under this Agreement and/or in its service, hereunder. During the performance of the Services under this Agreement, Consultant and Consultant's employees will not be considered, for any purpose, employees or agents of the Client 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. 2. Events of Default/Remedies a. Client's Defaults/Consultant's Remedies. In the event the Client shall default in the performance of any term or provision of this Agreement for any reason other than failure by Consultant to perform hereunder, Consultant may, if said default shall be continuing after five (5) days notice of such default is deemed received by the Client, exercise any right or remedy available to it by law, contract, equity or otherwise. b. Consultant's Defaults/Client's Remedies. In the event Consultant shall default in the performance of any term or provision of this Agreement for any reason other than failure by the Client to perform hereunder, the Client may, if said default shad be continuing after five (5) days notice of such default is deemed received by Consultant, exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, specific performance and/or the right to terminate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. Insaraaee/Indemaity Consultant shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to Client, 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 where obtainable, the indemnity obligations set forth herein. Consultant shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or subconsultant of Consultant to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage with insurance carriers admitted to do business in the state of Texas. The insurance companies must cant' a Best's Rating of A-VIl or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability. Commercial General Liability. Combined Single Limit: $1,000,000 Professional Liability - Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $500,000 Per Occurrence The Client shall be listed as a primary additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. Consultant shall provide a Certificate of Insurance to the Client as evidence of coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. Consultant shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Consultant 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 Consultant maintains said coverage. The Consultant 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 of Lubbock. If at any time during the life of the Agreement or any extension hereof, Consultant fails to maintain the required insurance in full force and effect, Consultant shall be in breach hereof and all work under the Agreement shall be discontinued immediately. For all matters related to its professional services, Consultant shall indemnify and hold Client and Client's elected officials, officers, agents, and empbyees harmless, to the fullest exta I permitted by law, fimm and against any and all claims, demands, damages, casts, liabilities and expenses, and including reasonable attorneys fees, to the extent arising out of negligent acts, errors, and omissions of Consuultant, its agents, servants, or employees. For all other matters, Consultant shall indemnify and hold Client and Chest's elected officals, officers, agents, employees, and independent c wtiwors harmless, to the fiillest extent permitted by law, from and against any and all claims, demands, damages, costs, liabilities and expenses, and including reasonable attorney's foes as a result o4 related to or arising from Consultant's use or occupation of Client owned lands, and/or any matter related to Consultant's activities, performances, operations or omissions under this Agreement, except as may otherwise be limited by this Agreement. The indemnity provided herein shall survive the expiration or termination of this Agreement. 4. Compliaaee wM Law. Consultant shall comply with all applicable laws, statutes, regulations, ordinances, Hiles and any other legal requirement related to, in any way, manner or form, the performance of the Services contemplated 5. Notice. Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic fiwsimile, or (H) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party, to designate a different address by notice given in the manna just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as sex forth above, three (3) days after depositing such notice in the United States mail, as set forth above. For Client: Larry Hertel, P.E., City Engineer P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-3074 w/ copy to: Marsha Reed, P.E., Director of Public Works P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-3074 For Consultant: G. Brad Tribble, P.E. Kimley=Horn and Associates, Inc. 2201 W. Royal Lane, Suite 275 Irving, TX 75063-3206 Facsimile: (214) 420-5680 6. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, park ship or principal — agent relationship between Consultant and the Client. 7. Aatbority. Consultant represents and warrants to Cheat that it has taken all actions necessary to authorize the party executing this Agreement to bind, in all respects, Consultant to all terms and provisions of this Agreement, and that such person possesses authority to execute this Agreement and bind Consultant hereto. ATTACHMENT B Kimley-Horn and Associates, Inc. Standard hate Schedule (HAY Rate) QC $210 PM $190 Senior PE $140 PE $125 Analyst $100 CAD $85 Admin $75 The rates listed above are applicable for up to 12 months aftyr the date of execution of this letter Agreement for Indiana Avenue —103 Street to Z 1 S8S. ATTACHMENT C Workplans for: Khnley-Horn and Associates, Inc. AMID Engineering Abacus Engineering Surveying Gorrondona and Associates PaveTe: LUMP SUM General Project Information DM: Oct 10. no Task Budget Summary Task700 N&LUMU' 7 rr, OE n i E` ` A, ' ' 217-�E it MOM 1[�Wj �f © ��� i ,. • 4 �i .. s.,: ® i ERNKFM-■ w......L UZZLIJ PWtdta General Project Information -Task Effort Summary M Task Information Task Description and Budgeting MC ISM I M I FM I LW I CAD ADM J I I I I "" 6� QC PM IL PE2 PE1 EIT 1. 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Onty I Extension I Total -O-W Parcel Surveys (turn tares, sheet shkbs) 1,500.00 8 $ 12,000.00 Prepare Baser ent instruments (notes and exhibits) and set new corners $ 1,500.00 8 $ 12,000.00 Extended Drainage Easement Indiana to Playa Lake 90-8$3,500 1 $ 3,500.00 27,500.00 UNIT RATES Gorrondona & Associates, Inc. I. DESIGNATE Designate Task Estimated Quantity Authorized Rate Unit Total Estimated Coat Level B (Including C & D) 40,000 S 1.00 Foot $40.000.00 H. SUBSURFACE UTILITY LOCATE (TEST HOLE) SERVICE Locating Task Estimated Quantity Authorized Rate Unit Total Estimated Cost 0 to 5 ft. 30 S800.00 each $24 000.00 5 ft. to 8 ft. t0 S950.00 each $9 500.00 8 ft. to 13 ft. S1,475.00 each $0.00 13 ft to 20 & S2,125.00 each Over 20 ft S3,000.00 each M. MISCELLANEOUS EXPENSE Task Estimated Quantity Authorized Rate Unit Total Estimated Cost Mobilization/Demobilization (includes 2-vehicles, labor) 4 S 1,000.00 each $4,000.00 TOTAL S"15 o.00 • `I IS MY ' '~ iy '� `' �` scbe,..A. J4w;. ��».., . :A.s•.mir{..sxa�� �� a5..- .. 9. 11 �� �..�.. .�X.n .ti.'-�i._ I .5:-�'�a �, ,s. � rb., �,�4y�` � 11 e k . �ri �� ���..,�� � ��.. t {. .l�r ..':' Jr%�s k 3km�� a��:�.,M.: � .. a :s _ t zt.` i of z Resolution No. 2008-RO417 PavcTcx E►)gineering & Testmg. Inc. . 'r,w.. •'.' '1a:il'A., rf.. •.u! •,litl. 11 �� 1 f �' /f ' ' 77 1 1.1 11 li / -off we WIM-01, 2a2