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HomeMy WebLinkAboutResolution - 2022-R0513 - Service Agreement 17031 with Kimley-Horn and AssociatesResolution No. 2022-RO513 Item No. 5.12 December 13, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute and on behalf of the City of Lubbock, Professional Services Agreement No. 17031 professional design services for 98th Street from Alcove Avenue to Upland Avenue, by between the City of Lubbock and Kimley-Horn and Associates, Inc., a Texas Corporation, related documents. Said Contract is attached hereto and incorporated in this resolution as if F set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on ATTEST: pjm�� t?(� Rebec4 Garza, City Se APPROVED AS TO CONTENT: V�. Erik Rejino, Assistant City Manager APPROVED AS TO FORM: iellil Leisure, Assistant City Attorney December 13, 2022 TRAY PA E, MAYOR ccdocs/RES.PSA-No. 17031 KH 981 — Alcove to Upland 12.7.22 Resolution No. 2022-RO513 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 17031 is entered into this 13thday of December , 2022, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Kimley-Horn and Associates, Inc., (the" Engineer"), a North Carolina corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for Professional Design Services for 981h Street from Alcove Avenue to Upland Avenue — 22B, (the "Activities"); and WHEREAS, the Engineer has a professional staff experienced and is qualified to provide professional engineering services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional services related to the Activities, and Engineer desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Engineer hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of 1 year. If the Engineer determines that additional time is required to complete the Services, the City Engineer, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page 1 of 11 ARTICLE II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services"). B. The Engineer shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $989,290, as set forth in Exhibit "B". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Engineer is a corporation validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State ofTexas. B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. Page 2 of 11 C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Engineer shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Engineer and the Engineer's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or Page 3 of 11 regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub - consultant of the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must cant' a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 The Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. Page 4 of 11 The Certificate shall provide 30 days' notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the Engineer fails to maintain the required insurance in full force and effect, the Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit "A", attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY The Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. Page 5 of 11 ARTICLE XI. INDEMNITY THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT CAUSED BY OR RESULTS FROM , THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE SECTION 271.904 ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Kimley-Horn and Associates, Inc. Leslie Bruce, P.E. 1207 Ave F NW, Suite 1 Childress, Texas 79201 Telephone: 940-226-4218 Page 6 of 11 Email: leslie.bruce@kimley-hom.com Page 7 of 11 C. City's Address. The City's address and numbers for the purposes of notice are: Zoltan Fekete, P.E. City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Email: zfekete@mylubbock.us Telephone: 806-775-3317 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Engineer shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Engineer's books and records with respect to this Agreement between the Engineer and the City. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. Page 8 of 11 F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through `B" attached hereto, contains the entire agreement between the City and the Engineer, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal - agent relationship between the Engineer and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Engineer. Page 9 of 11 N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. O. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Q. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. R. Texas Government Code 2274. By entering into this Agreement, Engineer verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive Page 10 of that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Engineer is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Engineer verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. S. Engineer represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Engineer is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Engineer verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. T. Professional Responsibility. All architectural or engineering services to be performed shall be done with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 10 of 11 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Rebecc Garza, City Secre APPROVED AS TO CONTENT: Mike Keenum, P.E., CFM Erik Rejino, Assistant City Manager APPROVED AS TO FORM: Welliure, Assistant City Attorney TRA P E, MAYOR Firm Kimley-Hom and Associates, Inc. By: Kevin Hoppers, .E., Sr. Vice President Page 11 of 11 EXHIBIT A Engineering Scope of Services 9811 Street reconstruction — Alcove Avenue to Upland Avenue City of Lubbock Project Understanding 1. Existing corridor: a. Existing unpaved roadway. b. Upland intersection completed to the East and plans have been developed as part of Upland Avenue Phase 2. c. Alcove Intersection is undeveloped. d. Drainage channel along south side is adjacent to Windstone at Upland subdivision. 2. Proposed improvements consist of: a. Design 7-lane roadway between Alcove and Upland. b. Develop plans for 3-lane construction to accommodate future widening. Location of 3-lane limits to be determined through design. c. Preliminary design of future construction of 98th West of Alcove for approximately 1,500 feet. Final design will not be performed with this scope of services. d. 7-lane ultimate design of approaches at Alcove Avenue and Upland Avenue intersections (concrete approach legs). L Alcove intersection to be designed to align with improvements to the east with no construction North or South and minor construction to West of intersection. ii. Upland intersection to be coordinated with current Upland Phase 2 design. e. 3-lane interim design of approaches at Alcove Avenue and Upland Avenue intersections. f. 30-ft. wide drainage channel within existing 40' drainage easement adjacent to south ROW. g. Intersection improvements for culvert installations. h. Playa cut/fill to offset any roadway fill placed within the limits of Playa 133. i. Utility adjustments. 3. Special Considerations for this project: a. Due to the City's desire to have this project ready for bid in late 2023, a non- typical delivery schedule will be coordinated. b. Design will be coordinated with current Upland Avenue Design improvements to tie to those future upgrades following construction of 98th Street Alcove to Upland. City of Lubbock - 98th Street Paving from Alcove to Upland Page 1 of 15 Engineering Scope of Services December 5, 2022 The professional services generally will consist of: ■ Design survey ■ Existing right of way (ROW) limits survey ■ Right of way acquisition services ■ Subsurface Utility Engineering (SUE) ■ Geotechnical investigation ■ Franchise utility coordination ■ Drainage study and associated design of channel and culvert improvements ■ Roadway design for 7 lane ultimate and construction drawings for 3 lane interim ■ Adjustments at Alcove Avenue and Upland Avenue intersections for interim ■ Traffic control plans ■ Partner with City to evaluate non-traditional project delivery ■ Bidding phase support services The project will be designed in accordance with City design and construction standards throughout the project. 1. Design Survey (by Subconsultant) 1.1. Survey Data -develop an existing boundary survey and existing topographic data within the limits of this project. 1.1.1 Data Collection and Property Research - Subconsultant will collect available data to determine the boundary locations and owner information for all adjacent properties within the project limits. • Design Survey • The limits of the survey along 98th Street will extend from the east side of Upland Avenue to approximately 1,500 feet west of Alcove Avenue. The survey will consist of the existing and proposed ROW width of 110', 40' drainage easement along south side of 98th Street, and where subdivisions and structures are encountered adjacent to 98th Street. Data will be collected a minimum of 20-feet beyond the ROW or drainage easement limits. • The following areas shall also be surveyed: o Minor Cross Streets - 100-feet north and south of the proposed 98th Street centerline at every minor cross street. Finished floor elevations of existing structures adjacent to the ROW as needed. Place five (5) permanent control monuments with aluminum caps in concrete. Establish horizontal state plane coordinates (NAD 83) using GPS. Establish vertical control coordinates on NAVD 88. Monuments will be set to accommodate the limits of construction where possible. Perform a field survey to identify and locate existing topographic elements within the roadway corridor consisting of the following: o Evidence of property boundary locations adjacent to the corridor. o Existing pavement, curbs, sidewalks, barrier free ramps, etc. o Roadway and lane striping along 98th Street and intersecting streets. City of Lubbock - 98th Street Paving from Alcove to Upland Page 2 of 15 Engineering Scope of Services December 5, 2022 o Driveways (including material). o Parking lots within 20-ft of proposed ROW. o Alleys (including material). o Existing culvert sizes and invert elevations, including cross sections approaching culvert crossings and headwalls/wingwalls. o Existing driveways and swales. o Visible utilities consisting of: manholes, vaults, water valves, water meters, telephone poles, power poles, utility markers, water well features, other public utilities, and franchise utilities. o Traffic signal poles, cabinets, and other signal equipment, if present. o Signs (excluding temporary signs). o Trees (larger than 6" caliper) and tree clusters. o Buildings and permanent structures. o Retaining walls. o Fence/wall limits and material types (excluding temporary fences). o Other applicable physical features that could impact design. o Perform field survey to collect utility location marking as marked by the SUE subconsultant. 1.2. Prepare a final topographic drawing in digital format (including contours and break lines) showing the features located in the field as well as ROW strip map information, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions. 2. Right -of -Way Survey and Services (by Subconsultant) 2.1. Provide Existing ROW Base Map 2.1.1 The existing ROW base map will consist of the following: • Parcels and easements with current recording information. • Current property owner. • Existing platted easements and easements available in the public record including easements provided by utility companies. • Relate ROW to roadway center line if Section Line differs. 2.2. Perform the following ROW services in support of the City to acquire the needed property to construct the proposed roadway improvements. 2.2.1 Schedule and coordinate property appraisals. 2.2.2 Obtain Title Reports for each parcel to determine proper owner for negotiations. 2.2.3 Conduct appraisals on 4 parcels to determine fair market value for the purchase of a roadway easement. 2.2.4 Negotiate with property owners on behalf of City (up to 5 contacts) for purchase of roadway easement on 4 parcels. 2.2.5 Obtain final approval from City prior to making offers and prior to making final agreement in negotiations. 2.2.6 Deliver properly executed documents to the City. 2.3. Prepare ROW instruments (4 parcels anticipated) City of Lubbock - 98th Street Paving from Alcove to Upland Page 3 of 15 Engineering Scope of Services December 5, 2022 2.4. Individual parcel exhibits shall be on 8'/2"x11" paper, shall be sealed, dated, and signed by a Registered Professional Land Surveyor and shall consist of the following: 2.4.1 Parcel number. 2.4.2 Area required. 2.4.3 Area remaining. 2.4.4 Legal description. 2.4.5 Current owner. 2.4.6 Easements locatable in the public record. 2.4.7 All physical features. 2.5. 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. 3. Subsurface Utility Engineering (SUE) (by Subconsultant) 3.1. Utility Data - Franchise Utilities 3.1.1 The scope will consist of Quality Level (QL) B Subsurface Utility Engineering (SUE) Investigation, which is inclusive of (QL) D and C. The Engineer will obtain information on existing utilities from utility owners and shall identify and evaluate known existing and proposed public and private utilities. The Engineer will identify potential conflicts and attempt to minimize the potential adverse utility impacts in the preparation of the roadway design and PS&E. The Engineer will prepare a base map depicting the utility locations. 3.1.2 Utility investigations, both subsurface and above ground, will be prepared in accordance with ASCE C-1 38-02 and according to the Utility Quality Levels as described below: • Utility Quality Levels are defined in cumulative order (least to greatest) as follows: • Quality Level D - Existing Records: Utilities are plotted from review of available existing records. Level D is included in this scope of work. • Quality Level C - Surface Visible Feature Survey: Quality level "D" information from existing records is correlated with surveyed surface - visible features. Includes Quality Level D information. If there are variances in the designated work area of Level D, a new schematic or plan layout shall be necessary to identify the limits of the proposed project and the limits of the work area required for the work authorization; including highway stations, limits within existing or proposed ROW, additional areas outside the proposed ROW, and distances or areas to be included along existing intersecting roadways. Level C is included in this scope of work. • Quality Level B - Designate: Two-dimensional horizontal mapping. This information is obtained through the application and interpretation of appropriate non-destructive surface geophysical methods. Utility indications are referenced to established survey control. Incorporates quality levels C and D information to produce Quality Level B. If there City of Lubbock - 98th Street Paving from Alcove to Upland Page 4 of 15 Engineering Scope of Services December 5, 2022 are variances in the designated work area of Level D, a new schematic or plan layout shall be necessary to identify the limits of the proposed project and the limits of the work area required for the work authorization; including highway stations, limits within existing or proposed ROW, additional areas outside the proposed ROW, and distances or areas to be included along existing intersecting roadways. Level B is included in this scope of work. • Quality Level A - Locate (Test Hole): Three-dimensional mapping and other characterization data. This information is obtained through exposing utility facilities through test holes and measuring and recording (to appropriate survey control) utility/environment data. Incorporates quality levels B, C and D information to produce Quality Level A. Level A is NOT included in this scope of work. 3.1.3 The Engineer will compile "Record Drawing" information from plans, plats and other location data as provided by the utility owners. A color -coded composite utility facility plan with utility owner names, quality levels and line sizes shall be prepared and delivered. It is understood by the Engineer that the line sizes of designated utility facilities detailed on the deliverable are from the best available records and that an actual line size is normally determined from a test hole vacuum excavation. A note must be placed on the designate deliverable only that states "lines sizes are from best available records". Above ground appurtenance locations collected as part of the topographic survey will be included in the deliverable to the City. This information shall be provided in the latest version of Micro Station or GeoPak used by the City. 3.1.4 Deliverables: The electronic file will be delivered digital format and PDF 4. Geotechnical (by Subconsultant) 4.1. Subsurface Exploration 4.1.1 Roadway • Seven (7) soil bores between the pavement and the ROW at locations to be determined by the Engineer; to determine the quality of subgrade and whether the insitu soil will be suitable for roadway embankment (soil classification, moisture, relative density, etc.) • Soil samples 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. • Atterberg limits will be performed to determine the engineering properties of the soil. 4.2. Laboratory Services Samples will be transported to the Subconsultant's laboratory where they will be examined and visually classified by a 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 City of Lubbock - 98th Street Paving from Alcove to Upland Page 5 of 15 Engineering Scope of Services December 5, 2022 engineering characteristics, a testing program will be conducted on selected samples in general accordance with the following standards: Laboratory Test Test Standard Moisture Content ASTM D 2216 Atterberg Limits ASTM D 4318 Percent Passing No. 200 Sieve ASTM D 1140 California Bearing Ratio (CBR) ASTM D 1883 4.3. Engineering Services - 4.3.1 Laboratory test results will be used to classify the soils according to the AASHTO and Unified Soil Classification System. Subconsultant will perform CBR's on selected samples to aid in the determination of the modulus of subgrade reaction or k-value used in rigid pavement design and the subgrade resilient modulus used on flexible pavement design. 4.3.2 Pavement Design: Subconsultant will analyze the results of the field exploration to provide pavement structure recommendations along with construction guidelines based on the results from the field and laboratory testing and provided traffic data. Subconsultant will prepare two (2) pavement options: one (1) pavement design option for rigid pavement and one (1) pavement design option for flexible pavement. 5. Franchise Utility Coordination (Engineer) 5.1. Coordination 5.1.1 At start up, send project notice to all franchise utilities via registered certified mail to provide project limits and schedule for construction. 5.1.2 Data Collection and Research • Update and maintain database of existing franchise utility representatives, including representative contact information (email, mailing address, phone, etc.). • Prepare exhibit that indicates franchise utility locations based upon SUE and survey. • Coordination with Surveyor regarding topographic information to be collected on utility locations. 5.1.3 Franchise Conflicts Evaluation • Coordinate possible conflicts due to vertical alignment of roadway and drainage facilities with SUE. • Coordinate utility relocation assignments and schedule. 5.1.4 Schedule, prepare for, attend and document up to four (4) franchise utility coordination meetings (one coordination meeting to be held at each of the following milestone submittals: project start-up, 30%(Preliminary Design), 90% and Final design submittal). Meetings will address known potential conflicts and plans for immediate relocation prior to roadway construction. 5.1.5 Engineer will work with franchise utilities to develop relocation plans to be prepared by the utility companies and initiated prior to bidding. City of Lubbock - 98th Street Paving from Alcove to Upland Page 6 of 15 Engineering Scope of Services December 5, 2022 6. Preliminary Design 6.1. Project Management 6.1.1 Conduct progress and design review meetings to monitor the development of the project. During the design phase of the project, conduct the following: • One (1) project kickoff meeting with the City. • Two (2) progress meetings with the City regarding project status and coordination issues. • One (1) design review meeting on the preliminary milestone (30% Design). • For all meetings, the Engineer will prepare the meeting agendas and minutes. 6.1.2 Coordinate with subconsultants (geotechnical, drainage, survey, and SUE). 6.1.3 Prepare and e-mail monthly progress reports to the City. 6.1.4 Maintain Project Schedule • Develop work plan (identify tasks and subtasks). • Develop roles and assignments. • Develop and maintain schedule and interim milestones. 6.1.5 Prepare Design Criteria (coordinate with City at kickoff meeting) 6.1.6 QA/QC milestone review for all deliverables in the Preliminary Design Phase. • Perform an internal review of the preliminary designs in accordance with quality assurance standards established for this project. • QC/QA comments will be collected from each reviewer, documents, and comments addressed prior to review meeting with City. 6.1.7 Project Administration • Prepare project correspondence, and invoicing documents. 6.2. Data Collection (City to provide hard copy and electronic format if available) 6.2.1 Roadway Data • Electronic design files for Upland Avenue proposed improvements and any other plans available along the project limits. 6.2.2 Drainage Data • Aerial and LiDAR information. • Existing storm drainage facilities / record drawings. • Existing hydraulic models. 6.2.3 Utility Data (Public Utilities) - Coordination with City • Existing water line locations / record drawings. • Water master plan requirements. • Existing storm sewer line locations / record drawings. • Storm sewer master plan requirements. 6.3. Preliminary Design Schematic (30%) 6.3.1 Prepare the schematic roadway design for a Principal Arterial (Modified) typical section as depicted in the 2018 City of Lubbock Master Thoroughfare Plan. This is a seven (7) lane roadway section within a typical 110' ROW. • Prepare typical sections City of Lubbock - 98th Street Paving from Alcove to Upland Page 7 of 15 Engineering Scope of Services December 5, 2022 o Existing and Proposed o Depict subgrade and pavement • Prepare preliminary plan and profile (roll plot format), which will consist of the following items: o Control data o Existing o Existing topography o Existing pavement o Proposed centerline alignment and horizontal curve data o Proposed face of curb o Proposed medians (if applicable) o Proposed transition pavement tie-ins to existing pavement o Proposed storm sewer and culvert alignments and sizes o Existing/Proposed traffic signal poles o Existing trees to remain (if possible) o Existing trees to be removed o Existing driveway locations o Proposed commercial driveways (proposed residential driveways will be included in the final design) o Existing culvert and/or storm drain locations o Existing water line locations o Existing sanitary sewer line locations o Existing franchise utility locations (relying upon information provided by franchise utilities and the data collected as part of the SUE) o Existing ground profile o Proposed vertical alignment at proposed center line o Proposed vertical alignment at gutter flow line o Proposed cross drainage culverts o Superelevation data • Prepare Preliminary 3D roadway model • Prepare Design Cross Sections on 11" x 17" sheets 6.3.2 Drainage • Coordination with drainage analysis subconsultant regarding: o Roadway profile o Channel cross section and materials o Culvert sizing o Playa overflow limits and pavement recommendations • Prepare plan and profile for proposed 30-ft. wide drainage channel. • Prepare plan for various side street cross culverts to convey drainage channel flows. 6.3.3 Utilities • Existing Public Utilities o Graphically designate on the schematic the location of existing public utilities based upon information provided by the City. o Identify public utility conflicts with proposed roadway. City of Lubbock - 98th Street Paving from Alcove to Upland Page 8 of 15 Engineering Scope of Services December 5, 2022 o Coordinate with the City to identify the need for extending new public utilities in the ROW ahead of paving. • Public Utilities Design o Establish the preliminary location of proposed, relocated public utilities to avoid conflicts with proposed improvements. o Establish the preliminary location of new public utilities to be installed in the ROW ahead of the paving project. 6.3.4 Traffic • Traffic Control Plan - Engineer will develop a conceptual traffic control plan to determine how the project will be phased and constructed to provide access to adjacent properties during construction. Plan will be developed based on 3 lane interim roadway section. • Develop phased cross sections based on conceptual traffic control plan for 3 lane interim roadway section. 6.4. Construction Cost Projection (Or Opinion of Probable Cost) 6.4.1 Perform quantity takeoff and develop construction cost projection for 3 lane interim roadway section. 6.4.2 Evaluate both municipal and TxDOT bid tabulations for current trends in unit prices. Because the Engineer 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 Engineer cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. 6.5. Preliminary Design Schematic Deliverables (roll plot) - The roll plot schematic will be finished to a level of detail that is equivalent to a 30% complete plan set - but in roll plot format. 6.5.1 Deliverables will consist of the following: • Schematic Roll Plot document • Design cross sections • Preliminary opinion of probable construction cost • Preliminary Traffic Control Plan and Sequence (for 3 lane interim roadway section) 7. Drainage Analysis (by Subconsultant) 7.1. Perform the following drainage analysis tasks in support of the roadway and drainage improvements design. 7.1.1 Data collection • Subconsultant will extract model data for the project area from the FEMA Restudy of System G models, MDP Update models, and 98tn Street Milwaukee to Upland (98MUP) project, previously provided to the City. City of Lubbock - 98th Street Paving from Alcove to Upland Page 9 of 15 Engineering Scope of Services December 5, 2022 • 2021 LiDAR data for updates to playa stage -storage from previous models. 7.1.2 Existing conditions analysis • Extract existing conditions hydrologic data from System G LOMR model. • Develop existing hydraulic cross sections and existing drainage improvement data for modeling. • Model existing conditions in ICPR4. 7.1.3 Proposed improvements analysis • Import sub -basin limits and hydrologic data from 98MUP and Upland Avenue Segment 2 projects. • Update design hydrologic data as needed. • Develop model hydraulic network from proposed roadway profile and typical sections. • Develop proposed drainage improvements for initial modeling based on 98MUP model results. • Model proposed roadway and drainage improvements in ICPR4, iterate model to develop drainage improvement recommendations. • Recommend drainage improvements consisting of: o Roadway profile o Channel cross section and materials o Culvert sizing o Playa overflow limits and pavement recommendations 7.1.4 Deliverables Drainage area map for PS&E package. Hydrologic and hydraulic data sheets. Stormwater routing sheets documenting proposed flow depths. 8. Final Design 8.1. Project Management 8.1.1 Progress and Review Meetings: • Schedule, prepare for, attend, and document three (3) progress meetings and one (1) review meeting to monitor the development of the project. o Progress meetings will be held to discuss design issues and progress of plan production. o Review neetings will be conducted (one (1) at 90% Plan Submittal). 8.1.2 Site Visits - Attend up to five (5) site visits during the final design phase to take photos, field measurements, and a plans -in -hand walk-through. 8.1.3 Coordinate with subconsultants. 8.1.4 Prepare and e-mail monthly progress reports to City. 8.1.5 QA/QC • Engineer will perform an internal review prior to all submittals (90% and Final) in accordance with quality assurance standards established for this project. QA/QC comments will be collected from each internal City of Lubbock - 98th Street Paving from Alcove to Upland Page 10 of 15 Engineering Scope of Services December 5, 2022 reviewer, documented, and comments addressed prior to each plan submittal to the City. • City review comments will be documented and addressed after 90% review meeting. Engineer will create a "Comment Log" in spreadsheet format, documenting the comment and the action taken to resolve the comment. 8.1.6 Project Administration • Prepare project correspondence and invoicing documents. 8.2. Roadway Design (PS&E) - Plans will be developed for 3 lanes interim roadway section. 8.2.1 Prepare plan / profile sheets on 11" x 17" plan sheets at a scale of 1" = 100' horizontal, and 1" = 10' vertical. (Start with 30% Rolls) • In addition to the items included in the preliminary design submittal, the PS&E will consist of the following items: o Proposed easement locations (if any) o Proposed sidewalk locations o Proposed residential and commercial driveways o Horizontal alignment data o Traffic Control Phasing layouts o Pavement marking layouts o Erosion control plans o Barrier free ramps o Demolition plan o Intersection layouts o Small sign summary o Standard design details o TxDOT standards 8.2.2 Analyze all driveways within the project and develop driveway profiles as needed. Driveways will typically be defined vertically by spot elevations. 8.2.3 Design cross street plan and profiles. 8.2.4 Develop Final 3D roadway model. 8.2.5 Prepare design cross -sections. • Develop on 50-ft station intervals and at driveway centerlines • Show pavement and subgrade, ROW 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 8.2.6 Prepare roadway details to clarify intent of design. 8.2.7 Compile applicable City standard details. Modify standard details as needed. 8.2.8 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. City of Lubbock - 98th Street Paving from Alcove to Upland Page 11 of 15 Engineering Scope of Services December 5, 2022 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. 8.3. Drainage Plans 8.3.1 Plan Production • 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 hydrologic and hydraulic data sheets showing the necessary calculations and assumptions. • Provide drainage channel grading plan. • Provide drainage culvert plans, profiles, and supporting details. • Provide erosion control plans, details, and SWPPP. • Provide depth of flow indications for the 100-year design storm within ROW and any corresponding finished floor elevations. • Provide cut -fill plan where roadway embankment is placed within the limits of a playa lake. • Prepare a Floodplain Development Permit. • Provide drainage technical specifications for erosion control methods and any off -site earthwork. • Evaluate impact of the TCP on surrounding drainage and provide interim drainage plan, if needed. 8.4. Utilities - Public 8.4.1 Water and Sewer Adjustments • Adjustments to existing water valves and manholes will be specified in the plans. Prepare special utility details to clarify intent of design (if needed). 8.4.2 Compile applicable standard details. Modify standard details as needed. 8.5. Traffic 8.5.1 Traffic Signals • Traffic signals design will not be part of this scope of work. Traffic signals are addressed in Upland Phase 2 design. 8.6. ITS 8.6.1 Design and install conduit, cable, and ground boxes for ITS connections of traffic signals 8.7. Traffic Control Plans 8.7.1 Develop construction sequence plan showing: • Travel lanes and construction area for each phase of construction. • Temporary signing and striping, barricades, and other channelization devices. • Narrative of the sequence of work. • Public utilities construction phasing (if needed). City of Lubbock - 98th Street Paving from Alcove to Upland Page 12 of 15 Engineering Scope of Services December 5, 2022 • Adjacent property access during construction. 8.7.2 Develop typical TCP cross sections showing lane widths, edge conditions, channelization and proposed construction area. 8.7.3 Develop TCP typical intersection staging plans for similar intersections. Develop custom intersection staging layouts for special conditions. 8.7.4 Develop TCP typical driveway staging plans for similar driveways. Develop custom driveway staging layouts for special conditions. 8.7.5 Prepare traffic control details to clarify intent of design. 8.7.6 Compile applicable TxDOT standard details. Modify standard details as needed. 8.8. Illumination 8.8.1 Design of pavement illumination systems to provide lighting levels in accordance with applicable local codes and Illuminating Engineering Society of North America (IESNA) recommended practices. 8.8.2 Prepare a photometric layout and perform one iteration of the photometric layout based on the City's review. 8.8.3 Prepare illumination construction plans as needed for inclusion in the civil construction documents. The illumination plans will consist of light pole location data, foundation details, conduit routing, conductor sizing, and electrical service locations. 8.8.4 Provide supporting calculations. 8.8.5 Provide technical specifications for the light poles and fixtures. 8.8.6 Coordinate with local electric service providers for electrical service locations. 8.8.7 Schedule and conduct two (2) meetings with LP&L and/or SPEC and the City to discuss design of the illumination system. Engineer will work to locate overhead utilities such that standard 30', 40' or 50' illumination poles can be installed without conflict with overhead utilities. 8.9. Interim Design Submittal (90%) Deliverables 8.9.1 Submit 90% PS&E in PDF format to the City for review and comment. 8.9.2 This submittal will provide assurance that project scope is addressing project issues, and will allow for design changes with sufficient lead time for minor revisions. Deliverables to be provided with this submittal consist of the following: • Typical Sections (100%) • Title Sheet (100%) • Index of Sheets (90%) • Construction Phasing (100%) • Traffic Control Plan (90%) • Plan & Profile Sheets (90%) • Intersection Layouts (90%) • Hydraulic Analysis (100%) • Drainage Details (90%) • SW3P (90%) • Utility Layouts (95%) • Signing and Striping Layouts (95%) City of Lubbock - 98th Street Paving from Alcove to Upland Page 13 of 15 Engineering Scope of Services December 5, 2022 • Illumination and ITS (95%) • Quantities and Summary Sheets (90%) • Updated Estimate 8.10. Final Design Submittal (Bid Set) Deliverables 8.10.1 Submit an electronic PS&E file submission as required by City consisting of sealed plan sheets and all supporting documents required for bidding. 8.11. Post Bid Submittal Deliverables 8.11.1 Submit one (1) PDF electronic copy of the plan set, specifications, and addenda after the project's bid opening. 9. Bid Phase Support 9.1. Support City during the bid phase to address and respond to questions from prospective bidders. 9.2. Prepare and submit addenda changes that are necessitated by questions during the bid phase. 9.3. Incorporate addenda changes into the Final Plan Set. 9.4. Assist the City in evaluating the bids and prepare a recommendation letter. 10.Additional Services 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: • Design of any offsite drainage improvements beyond the improvements identified in the scope • Existing water or sanitary sewer relocations • Proposed water or sanitary sewer installations • Landscape design • Irrigation design • Traffic signal design • Construction Contract Administration • Construction Phase Engineer of Record support services • Construction Phase RPR services • Design of structural retaining walls • Preparation for and attendance at public meetings beyond what was identified in the scope • Furnish additional copies of review documents and/or bid documents more than the number of the same identified above. • Assist the City as an expert witness in litigation about the project or in hearings before approving and regulatory agencies. • 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. City of Lubbock - 98th Street Paving from Alcove to Upland Page 14 of 15 Engineering Scope of Services December 5, 2022 TIME OF COMPLETION Engineer and Subconsultants are authorized to commence work on the Project upon execution of a mutually acceptable contract and agrees to complete the services according to the following delivery schedule: • Contract Execution / Notice to Proceed December 15, 2022 • Design Survey, ROW Mapping, Geotechnical Investigation, SUE, Utility Coordination February 1, 2023 • Preliminary Design Schematic (30%) March 1, 2023 • Interim Design Submittal (90%) June 1, 2023 • Final Design (Bid Set) August 1, 2023 - End of Scope of Services - City of Lubbock - 98th Street Paving from Alcove to Upland Page 15 of 15 Engineering Scope of Services December 5, 2022 Kimley>>)Horn Exhibit B - Fee Schedule City of Lubbock RFQ # 98th Street - Alcove Avenue to Upland Avenue 12/6/2022 Task No. Task Name (Lump Sum) Kimley-Horn Hugo Reed Rios Pavetex Subtotal 1 Design Survey $ 12,355.00 $ 57,840.00 $ - $ - $ 70,195.00 2 Right of Way Survey and Services $ 16,855.00 $ 124,130.00 $ - $ - $ 140,985.00 3 Subsurface Utility Engineering (SUE) $ 9,500.00 $ - $ 36,500.00 $ - $ 46,000.00 4 Geotechnical Investigation $ 4,400.00 $ - $ - $ 13,500.00 $ 17,900.00 5 Franchise Utility Coord./Relocations $ 45,100.00 $ - $ - $ - $ 45,100.00 6 Preliminary Design $ 204,460.00 $ 10,760.00 $ - $ - $ 215,220.00 7 Drainage Analysis $ 32,460.00 $ 91,830.00 $ - $ - $ 124,290.00 8 Final Design $ 297,260.00 $ 7,200.00 $ - $ - $ 304,460.00 9 Bid Phase Support $ 23,560.00 $ 1,580.00 $ - $ - $ 25,140.00 Total Contract Fee $ 645,950.00 $ 293,340.00 1 $ 36,500.00 $ 13,500.00 1 $ 999,290.00 Kimley-Horn will perform the services in Tasks 1-9 for the total lump sum fee of $989,290.00 inclusive of expenses. Individual task amounts are informational only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. All permitting, application and similar project fees will be paid directly by the Client. Lump Sum fees will be invoiced monthly based on the overall percentage of services performed. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos, 1- 4 and 6 if there are interested parties, OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 5 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2022-962942 Kimley-Horn and Associates, Inc, Dallas, TX United States Date Filed: 2 Name of governmental entity or state agency that is a parry to the contract for which the form is 12/09/2022 being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17031 98th Street roadway improvements from Upland Ave to Alcove Road 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling intermediary Cook, Richard N Dallas, TX United States X Flanagan, Tammy Dallas, TX United States X Lefton, Steve Dallas, TX United States X McEntee, David L Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is SARAI I MEGA and my date of birth is My address is 13455 NOEL ROAD, SUITE 700 DALLAS TX 75240 us (street) (city) (state) (zrp code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in DALLAS County, State of TEXAS on the 9TH day of DEC EMBER , 2022 (month) (year) Signature of authorized agent of contracting business entity (Declarant) r-urrns pruviuteu oy i exas units t_.ommission www.ethlcs.state.tx,us Version V3.5.1.eb87ef42 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parries. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. Kimley-Horn and Associates, Inc. 2022-962942 Dallas, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/09/2022 being filed. City of Lubbock Date Acknowledged: 12/09/2022 g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17031 98th Street roadway improvements from Upland Ave to Alcove Road 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Cook, Richard N Dallas, TX United States X Flanagan, Tammy Dallas, TX United States X Lefton, Steve Dallas, TX United States X McEntee, David L Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3,5,1,eb87ef42