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HomeMy WebLinkAboutResolution - 2024-R0139 - Contract 17967, With Kimley-Horn And Associates, Inc - 03/26/2024Resolution No. 2024-R0139 Item No. 5.29 March 26, 2024 RESOLUTYON 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 for and on behalf of the City of Lubbock, Professional Services Agreement Contract No. 17967 for the design of Unpaved Road Improvements, by and between the City of Lubbock and Kimley- Horn and Associates, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on March 26, 2024 TRAY PA �YOR ATTEST: Cou ey Paz, City Secretary AYYROVED AS TO CONT�NT: l Erik Rej�f�,'Assistant Ci � APPROVED AS TO PORM: , Ke li Leisure, Senior Assistant City Attorney ccdocslRES.PSA-No. 17967 KH Unpaved Roads 3.19.24 Resolution No. 2024-R0139 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. _17967_is entered into this 26th day of March , 2024, 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 Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for the Design of Unpaved Road Improvements, (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 �12 months. 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 $220,500, 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 duly organized, 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 of Texas. B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part Page 2 of 11 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 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. Page 3 of I1 ARTICLE VIII. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub- consultant of the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non-owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $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. 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 Page 4 of I1 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 beneft 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 Ciry and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDEMNITY THE ENGINEER SHALL 1NDEMNIFY 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, [NCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Page 5 of 11 ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR 1NJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECENED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, ANDIOR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT ANDIOR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVNE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XIL COMPLIANCE WITH APPLICABLE LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other 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, TX 79201 Telephone: 940-226-4218 Email: Leslie.Bruce(nJKimlev-Horn.com C. City's Address. The City's address and numbers for the purposes of notice are: Joe Schaunaman City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: 806-775-2 l 73 Email: JSchaunaman�u?MyLubbock.us Page 6 of 11 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. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTR[JED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMAHLE 1N LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSNE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT Page 7 of 11 J�1RtSDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGR�EMENT 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. 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 Page 8 of 11 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: ( l) 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 Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive 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 Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor 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. R. Contractor 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 Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor 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. S. 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: (l) preserve all contracting information related to the contract as provided by the records retention Page 9 of I1 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. 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. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATT ST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: � � v� 'chael G. K e um, P.E., ,�,' n Director of Engineering/City Engineer Page 10 of 11 APPROVED AS TO FORM: � lli Leisure, Senior Assistant City Attorney Firm Kimley-Horn and Associates, Inc. By: C/ Bradley J. Hill Regional Contract Lead Email: Bradley.Hi11(a�Kimley-Horn.com Page I1 of l l EXHIBIT A Engineering Scope of Services Unpaved Street Improvements City of Lubbock PROJECT UNDERSTANDING 1. Existing corridor: a. Existing unpaved streets of variable width and usage located in City of Lubbock. b. Existing surface typically dirt or caliche with some having minor upgrades with flex base, millings, and paving. c. Existing curb and gutter at intersections in some locations. d. Limits of projects broken down to block by block segments. e. Right of way varies based on project location. 2. Proposed improvements include: a. City of Lubbock R-1A or R1 HMAC proposed roadway. b. Pavement section i. 2" City of Lubbock TY C HMAC Surface ii. 8" Flex (Caliche) Base iii. 12" Compacted Subgrade c. Typical 24" curb and gutter (Type "A", Rollover Curb Type "B", Type "C") d. Tie to existing features at project limits to ensure positive drainage e. 6" Concrete alley returns and driveways. f. Manhole and valve adjustments. 3. Special considerations for this project: a. Existing right of way will need to be confirmed for construction of proposed improvements. In cases where parcels are needed, coordination with City will be required to acquire this right of way. b. Bid packages may include one street or multiple streets. c. The bid will include all pay items and anticipated quantities for each project and the entire project package. 4. The professional services generally will include: a. Design survey b. Existing Right-of-way (ROW) research c. Roadway design d. Bidding Phase support services e. Construction Phase Engineer of Record support services Unpaved Street Improvements Page 1 of 5 Exhibit A- Engineering Scope of Services February 23, 2024 1. Design Survey (by Subconsultant) 1.1. Survey Data — develop 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 ownership along the project limits. 1.1.2 Design Survey • The limits of the survey will be on the limits defined for each unpaved roadway segment. The survey will include topo survey at intersection tie ins and extend a minimum of 50' each way along roadways at each intersection. • Place two (2) control monuments with aluminum cap in concrete at each project site location. 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 at the terminus of each project to identify and locate existing topographic elements within the roadway corridor including, but not limited to the following: o Existing pavement, curbs, sidewalks, barrier free ramps, etc. o Existing Driveways (including material) and swales o Alleys (including material) o Existing culvert sizes and invert elevations, including cross sections approaching culvert crossings and headwalls/wingwalls o Visible utilities including: manholes, vaults, water valves, water meters, telephone poles, power poles, utility markers, water well features, other public utilities, and franchise utilities o Contact Texas 811 and request locates along corridors for additional utility marking data collection o Signs (excluding temporary signs) o Fence/Wall limits and material types (excluding temporary fences) o Other applicable physical features that could impact design o Utilize City LiDAR data to infill each project and develop 3d models for corridor design. o Prepare a final topographic drawing in digital format (Open Roads Designer) (including contours and break lines) showing the features located in the field, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions. 2. Design Survey Processing (by Kimley-Horn) 2.1. Process Existing Survey 2.1.1 Develop topographic terrain drawing based on existing survey performed and provided by the City for use in design. 3. Design 3.1. Project Management 3.1.1 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(s). Unpaved Street Improvements Page 2 of 5 Exhibit A- Engineering Scope of Services February 23, 2024 o Progress Meetings will be held to discuss design issues and progress of plan production. o Review Meetings will be conducted (one (1) at 60% Plan Submittal). 3.1.2 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. 3.1.3 Coordinate with subconsultants 3.1.4 Prepare and e-mail monthly progress reports to City. 3.1.5 QA/QC ENGINEER will perform an internal review prior to all submittals (60% and 100%) in accordance with quality assurance standards established for this project. QA/QC comments will be collected from each internal reviewer, documented, and comments addressed prior to each plan submittal to the City City review comments will be documented and addressed after 60% review meeting. Engineer will create a"Comment Log" in spreadsheet format, documenting the comment and the action taken to resolve the comment. 3.1.6 Project Administration • Prepare project correspondence and invoicing documents 3.2. Roadway Design (PS&E) 3.2.1 Prepare plan / profile sheets on 11" x 17" plan sheets at a scale of 1" = 100' horizontal, and 1" = 10' vertical. 3.2.2 Include the following items in addition to those included in the preliminary design submittal: o Proposed residential and commercial driveways o Horizontal Alignment Data o Demolition plan o Intersection layouts o Standard design details 3.2.3 Locate and identify all driveways within the project limits. 3.2.4 Prepare roadway details to clarify intent of design 3.2.5 Compile applicable City standard details. Modify standard details as needed. 3.3. Utilities - Public 3.3.1 Water and Sewer Adjustments/Relocations Adjustments to existing water valves and manholes will not be specified in the plans. Quantities will be determined for bidding purposes using information available within City of Lubbock databases. • Water and Sewer adjustment in excess of valve and manhole elevations adjustments will be designed and constructed by City of Lubbock. 3.4. Interim Design Submittal (60%) Deliverables 3.4.1 Submit electronic PDF file of the 60% design to the City for review and comment. 3.4.2 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 include: Unpaved Street Improvements Page 3 of 5 Exhibit A- Engineering Scope of Services February 23, 2024 • Title Sheet • General Notes/Index of Sheets Sheet • Demolition Sheets • Plan & Profile Sheets � Intersection Layout Sheets • Detail Sheets • Bid Tab with items and quantities • Opinion of Probable Construction Cost (OPCC) by individual project limits and cumulative bid package. 3.5. Final Design Submittal (Bid Set) Deliverables 3.5.1 Submit electronic PDF file of Final submittal to the City. 3.5.2 Submittal will be complete except for addressing final comments, if any. 3.5.3 Submit an electronic PDF file submission to the City of the following: � Sealed Plan Sheets - Title Sheet - General Notes/Index of Sheets Sheet - Demolition Sheets - Plan & Profile Sheets - Intersection Layout Sheets - Detail Sheets • Sealed Project Specifications • Final Bid Tab • OPCC 3.6. Post Bid Submittal Deliverables 3.6.1 Submit one (1) PDF electronic copy of the plan set and specifications, including addenda. 4. Bid Phase Support 4.1. Support City during the bid phase to address and respond to questions from prospective bidders. 4.2. Prepare and submit addenda changes that are necessitated by questions during the bid phase. 4.3. Incorporate addenda changes into the Final Plan Set. 4.4. Assist the City in evaluating the bids and prepare a recommendation letter. 5. 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: • Geotechnical investigation • Right of Way acquisition services Unpaved Street Improvements Page 4 of 5 Exhibit A- Engineering Scope of Services February 23, 2024 • SUE • Franchise Utility Coordination/Relocations • TxDOT Coordination • Stormwater Pollution Prevention Plan • Drainage study and associated design of channel and culvert improvements • Design of any offsite drainage improvements beyond the improvements identified in the scope • Design of Traffic Control Plan • Traffic and Traffic Signal Design • Development of 3D roadway model and design cross-sections • Pavement marking and Marking Plans • Construction staking • Existing water or sanitary sewer relocations • Proposed water or sanitary sewer installations • Landscape design • Irrigation design • Illumination 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 or TxDOT, 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 TIME OF COMPLETION Consultant and Subconsultants are authorized to commence work on the Project upon execution of a mutually acceptable contract and agree to complete the services as expeditiously as practicable. Unpaved Street Improvements Page 5 of 5 Exhibit A- Engineering Scope of Services February 23, 2024 �ity of Kim1e >>> Horn Lubbock Exhibit B Y TEXAS Unpaved Streets Fee Proposal Summary Task Task Description KHA HRA Subtotal 1 Survey $ 4,400.00 $ 28,800.00 $ 33,200.00 2 Design Survey Processing $ 4,500.00 $ 4,500.00 3 Design $ 164,500.00 $ 164,500.00 4 Bid Phase Support $ 18,300.00 $ 18,300.00 TOTALS $ i9i,�oo.00 $ zs,soo.00 $ 220,500.00 The Engineer will not exceed the total maximum labor fee shown above without authorization from the City. Individual task amounts are provided for budgeting purposes only. The Engineer reserves the right to reallocate amounts among tasks as necessary. Labor fee will be billed on an hourly basis according to our then-current retes. As to these tasks, direct reimbursable expenses such as express delivery services, fees, travel, and other direct expenses will be billed at 1.15 times cost. A percentage of Engineer labor fee (4.6°�) will be added to each invoice to cover certain other expenses such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage.