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HomeMy WebLinkAboutResolution - 2016-R0442 - Agreement For Engineering Services - Kimley-Horn And Associates Inc. - 12/15/2016Resolution No. 2016-RO442 Item No. 6.11 December 15, 2016 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 for and on behalf of the City of Lubbock, an Agreement for Engineering Services (design phase and bid phase services), by and between the City of Lubbock and Kimley- Horn and Associates, Inc., and related documents. Said Agreement 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 December 15, 2016 DANIEL M. POPE, MAYOR ATTEST: e ecca Garza, City Secretary APPROVED AS TO CONTENT: Wogd'FrpAlin, P. E., Director of Public Works APPROVED AS TO FORM: K lli Leisure, Assistant City Attorney RES.Agrmt-Kimley Horn 11.29.16 Resolution No. 2016-RO442 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement"), is entered into this 15thday of December, 2016, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Kimley-Horn and Associates, Inc., (the "Consultant"), a North Carolina corporation. WITNESSETH WHEREAS, Consultant has a professional staff experienced and is qualified to provide professional Consultant services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by City and Consultant to be a fair and reasonable price; and WHEREAS, the City desires to contract with Consultant to provide professional services related to the Activities desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the City and Consultant hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of 540 days. If the Consultant determines that additional time is required to complete the Services, the City, may, but is not obligated to, in his 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 mast be approved by the City acting through its governing body. ARTICLE II. SERVICES AND COMPENSATION A. Consultant shall conduct all activities and within such timeframes as set forth on Attachment "A", attached hereto (the "Services"). 9811 Street - Upland to Milwaukee - Professional Services Agreement 2016 B. CONSULTANT shall receive as consideration to be paid for the performance of the Services set forth in Attachment "B", Fee Schedule. ARTICLE III. TERMINATION A. General. City may terminate this Contract, for any reason or convenience, upon thirty (30) days written notice to CONSULTANT. In the event this Agreement is so terminated, the City shall only pay Consultant for services actually performed by Consultant up to the date Consultant is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event CONSULTANT breaches any term and/or provision of this Contract, the City shall be entitled to exercise any right or remedy available to it by this Contract, at law, equity, or otherwise, including without limitation, termination of this Contract 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. CONSULTANT is a corporation duly organized, validly existing, and in good standing under the laws of the State of North Carolina and is qualified to carry on its business in the State of Texas. B. Corporate Power. CONSULTANT has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part 98"' Street - Upland to Milwaukee - Professional Services Agreement 2016 2 of CONSULTANT. This Contract constitutes legal, valid, and binding obligations of the CONSULTANT and is enforceable in accordance with the terms thereof. D. Consultant. CONSULTANT 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. CONSULTANT will and shall conduct all activities contemplated by this Contract in accordance with the standard of care, skill and diligence normally provided by a professional person in perfonnance of similar professional consulting services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional consulting services, as contemplated hereby. F. Use of Copyrighted Material. CONSULTANT warrants that any materials provided by CONSULTANT for use by City pursuant to this Contract 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. CONSULTANT shall be solely responsible for ensuring that any materials provided by CONSULTANT pursuant to this Contract satisfy this requirement and CONSULTANT agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of CONSULTANT's failure to perform this duty. ARTICLE VI. SCOPE OF WORK CONSULTANT shall accomplish the following: Professional Consulting Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS CONSULTANT and City agree that CONSULTANT shall perform the duties under this Contract as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. CONSULTANT 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, Consultant and Consultant'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. 98" Street - Upland to Milwaukee - Professional Services Agreement 2016 3 ARTICLE VIII. INSURANCE Consultant 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 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. Consultant 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 Consultant to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A -VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Consultant shall further cause any approved subcontractor or sub -consultant to procure and cavy, during the term of this Agreement, the insurance coverage required of Consultant herein, including without limitation, Professional Liability coverage, protecting 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 tinder those policies. Consultant 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. Consultant shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Consultant shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Consultant maintains 98" Street - Upland to Milwaukee - Professional Services Agreement 2016 4 said coverage. The Consultant may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, Consultant fails to maintain the required insurance in full force and effect, Consultant shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at Consultant's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Contract 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 Contract. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS CONSULTANT may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of CONSULTANT, as set forth on Exhibit "A", attached hereto, under this Contract, provided that City approves the retaining of Sub -consultants. CONSULTANT is at all times responsible to City to perform the Services as provided in this Agreement and CONSULTANT is in no event relieved of any obligation under this Contract upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by CONSULTANT shall be required by CONSULTANT to carry, for the protection and benefit of the City and CONSULTANT and naming said third parties as additional insureds, insurance as described above required to be carried by CONSULTANT in this Contract. CONSULTANT 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 CONSULTANT shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDEMNITY CONSULTANT SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, 98"' Street - Upland to Milwaukee - Professional Services Agreement 2016 5 ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF CONSULTANT, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY, SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE SECTION 271.904. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS CONSULTANT shall comply with all applicable federal, state and local laws, statutes, ordinances, rales and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from CONSULTANT to City or City to CONSULTANT is required or permitted by this Contract 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. are: B. CONSULTANT's Address. CONSULTANT's address and numbers for the purposes of notice Kimley-Horn and Associates, Inc. Kerry C. Miller, P.E., Associate 4411 98°i Street, Suite 300 Lubbock, Texas 79424 Email: kerry.millergkimley-horn.com Telephone: 806-686-1080 C. City's Address. The City's address and numbers for the purposes of notice are: 98" Street - Upland to Milwaukee - Professional Services Agreement 2016 6 City of Lubbock Neil Welch, P.E., Assistant City Engineer P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775-3254 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 Contract, 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 A. Provision of Data. City shall furnish CONSULTANT non -confidential studies, reports and other available data in the possession of the City pertinent to CONSULTANT's Services, so long as City is entitled to rely on such studies, reports and other data for the performance of CONSULTANT's Services under this Contract (the "Provided Data"). CONSULTANT 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 Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. CONSULTANT shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, CONSULTANT's books and records with respect to this Contract between CONSULTANT and City. C. Records. CONSULTANT shall maintain records that are necessary to substantiate the services provided by CONSULTANT. D. Assignability. CONSULTANT may not assign this Contract without the prior written approval of the City. E. Successor and Assigns. This Contract binds and inures to the benefit of the City and CONSULTANT, and in the case of City, its respective successors, legal representatives, and assigns, and in the case of CONSULTANT, its permitted successors and assigns. 98`h Street - Upland to Milwaukee - Professional Services Agreement 2016 7 F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS CONTRACT 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 CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract 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 Contract 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 Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly authorized and executed by CONSULTANT and City. I. Entire Agreement. This Contract, including Exhibits "A" through "B" attached hereto, contains the entire agreement between the City and CONSULTANT, 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 CONSULTANT and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by CONSULTANT as part of the Services hereunder, shall become the property of the City when CONSULTANT has been compensated as set forth in Article II, above. The CONSULTANT shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either City or CONSULTANT 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. 98" Street - Upland to Milwaukee - Professional Services Agreement 2016 8 M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and CONSULTANT. N. Non -Appropriation. All finds for payment by the City under this Contract 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 Contract, the City will terminate the Contract, 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 Contract is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Contract, cancellation shall be accepted by the CONSULTANT 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 Contract beyond the hon -Appropriation Date. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK D iel M. Pope, MAYOR Reb cca Garza, City Secreta APPROVED AS TOONTENT: Z�4 ��4 Michael G Keenum, City Engineer A P OVED AS O FORM: K lli Leisure, Assistant City Attorney Firm KIMLEY-HORN AND ASSOCIATES, INC. Rod Swindle, P Senior resident 9P Street - Upland to Milwaukee - Professional Services Agreement 2016 98th Street from Upland Avenue to Milwaukee Avenue Scope of Services — Attachment A City of Lubbock Project Understanding The Project includes the design and construction documents for 98th Street from Upland Avenue to Milwaukee Avenue. 981h Street will be improved from a 2 -lane dirt roadway to a three lane all-weather surface (asphalt and/or concrete). The Project will include field survey, geotechnical investigation, subsurface utility engineering (SUE), preparation of a right-of-way (ROW) strip map, ROW documents, easement documents, drainage design to include the verification of the existing hydrology and hydraulics study of Playa Lake 94A, a study of the adjacent drainage areas contributing to the watershed, roadway and drainage design, franchise utility coordination, and bidding phase services. The Project will be designed in accordance with City of Lubbock design and construction standards throughout the project. Design Project Management (KH) 1.1. Develop project communication plan 1.2. Develop project contact list 1.3. Progress and Review Meetings: 1.3.1 Schedule, prepare for, attend, and document Progress Meetings and Review Meetings to monitor the development of the project. • One (1) Project Pre-Design/Kickoff Meeting • One (1) Progress Review Meeting • One (1) Final Review Meeting 1.4. Site Visits — Three (3) site visits 1.5. Develop detailed project schedule and interim milestones (coordinate with City staff at the Project Kick-off meeting) 1.6. Project Administration 1.6.1 Prepare and e-mail Monthly progress reports to the City 1.6.2 Prepare project correspondence and invoicing documents 1.7. QA/QC 1.7.1 Consultant will perform an internal review prior to all major milestone submittals 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 1.7.2 City review comments will be documented and addressed after each review meeting. Consultant will create a "Comment Log" in spreadsheet format, documenting the comment and the action taken to resolve the comment. 1.8. Coordinate with subconsultants (geotechnical, survey/drainage, SUE) 2. Survey (by Subconsultant) 2.1. Establish horizontal and vertical control for this project using available City of Lubbock control information 2.1.1 Set five (5) permanent control monuments with aluminum caps set in concrete or in tops of curbs where possible. 2.1.2 Establish a vertical control for monuments using digital level and City of Lubbock control on NAVD 88/NAD 83. 2.1.3 Monuments will be set outside the limits of construction. 2.2. Design Survey 2.2.1 Detailed topographic survey of the Upland Avenue intersection to include roadway 500' north, south and west of the intersection. 2.2.2 Detailed topographic survey of the following areas: • Cross Streets - a distance of 300 -ft north and/or south of the 981h Street centerline at the following streets: Quincy Avenue, Ross Avenue City of Lubbock — 98th Street Paving from Upland to Milwaukee Page 1 of 8 Engineering Scope of Services November 28, 2016 • Non -Intersecting Cul-de-sacs - a distance of 150 -ft on the indicated side of the 981h Street centerline at the following cul-de-sacs which are not directly connected to 98th Street. Survey will include all features, but will focus on gutter grades within the cul- de-sac and flume outfall grades: Four (4) on the north side • Alleys - a distance of 100 -ft from the 98th Street centerline at each intersecting alleyway (6 alleys on the north side) • Finished floor elevations of existing structures adjacent to the right-of-way 2.2.3 Perform a field topographic and improvement survey to identify and locate existing topographic elements within the roadway corridor including, but not limited to the following: • Topographic cross-sections throughout project limits at 100 -foot intervals, at cross streets, centerline of driveways, grade breaks, and at additional locations as required • Property corner monumentation • Existing pavement, curbs, sidewalks, barrier free ramps, etc. • Roadway and lane striping along 981h Street east of Milwaukee Avenue • Utility manholes, vaults, water valves, water meters, telephone poles, power poles, utility markers, water well features, other public utilities, and franchise utilities • Signs (excluding temporary signs) • Trees, including species and caliper • Buildings and permanent structures • Fence limits and material types (excluding temporary fences) • Other applicable physical features that could impact design 2.2.4 Prepare a final 3D topographic drawing in digital format (including 3D points, breaklines and contours as well as the tin file) showing the features located in the field as well as right-of- way base map and an ASCII coordinate file of the points located in the field with feature descriptions in State Plane Coordinates. 3. Right -of -Way (by Subconsultant) 3.1. Data Collection and Property Research 3.1.1 Gather existing plat information 3.1.2 Collect property owner and record information 3.1.3 Gather existing right-of-way and easement information 3.1.4 Gather existing topographic survey information 3.1.5 Prepare and distribute right -of -entry letters to adjacent landowners • Right -of -entry letters will be printed on City of Lubbock letterhead (provided by City) 3.2. Locate section corners at the Upland Avenue and Milwaukee Avenue intersections 3.3. Establish existing Rights -of -Way along 98th Street from Milwaukee Avenue to Upland Avenue including 500 -ft. north, south and west of the Upland Avenue intersection and 500 feet to the north, south and east of the Milwaukee Avenue intersection. The survey will include the proposed right-of- way width (varies from 110 -ft to 120 -ft) plus an additional 50 -ft outside of the right-of-way lines. Where subdivisions are encountered adjacent to 981h Street up to 10 -ft within the private property shall be collected. 3.4. Update ROW Base Map for design documents to include the following information: • Parcels and easements with current recording information • Owners name • Parcel number (as applicable) • Any existing platted easements or easements filed by separate instrument including easements provided by utility companies • Corners of adjacent parcels tied to the section line • Relate ROW to Roadway center line if section line differs 3.5. Contact and meet with adjacent land owners to secure roadway dedications and necessary appurtenant easements. 3.6. Contact and meet with adjacent land owners to secure voluntary roadway dedications and necessary appurtenant easements. This will consist of one to a maximum of three contacts with the land owner. If an agreement with the land owner cannot be reached during the three contacts, no further contacts will be made and the parcel will be referred to City staff City of Lubbock — 98th Street Paving from Upland to Milwaukee Page 2 of 8 Engineering Scope of Services November 28, 2016 3.7. Coordinate with City ROW staff on the preparation of the easement/dedication documents and deliver to landowner for signature. If matters of title exist, the method of cure will be the responsibility of City staff. 4. Subsurface Utility Engineering (SUE) (by Subconsultant) 4.1. The scope of this project will include Quality Level "A" and "B" Subsurface Utility Engineering (SUE) Investigation. The Consultant shall obtain information on existing utilities from utility owners and shall identify and evaluate known existing and proposed public and private utilities. The Consultant shall identify potential conflicts and attempt to minimize the potential adverse utility impacts in the preparation of the schematic design. The Consultant shall prepare a base map depicting the utility locations. 4.2. 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: 4.2.1 Quality Level D - Existing Records: Utilities are plotted from review of available existing records. Level D is included in this scope of work. 4.2.2 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 right of way, additional areas outside the proposed right of way, and distances or areas to be included along existing intersecting roadways. Level C is included in this scope of work. 4.2.3 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 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 right of way, additional areas outside the proposed right of way, and distances or areas to be included along existing intersecting roadways. Level B is included in this scope of work. 4.2.4 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 near the proposed equalizer culvert. The Consultant will perform Level A at up to three (3) locations within the project site. Locations will be coordinated with City of Lubbock. 4.3. The Consultant shall compile "As Built' 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 Consultant 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 or the State. 4.4. Deliverables: 4.4.1 The electronic file will be delivered on CD or DVD. 4.4.2 A hard copy will be signed, sealed, and dated by the Consultant. 4.4.3 QL "A" and QL "B" SUE information will be over laid on the design plans. City of Lubbock — 98th Street Paving from Upland to Milwaukee Page 3 of 8 Engineering Scope of Services November 28, 2016 5. Geotechnical (by Subconsultant) 5.1. Subsurface Exploration 5.1.1 Roadway • One (4) bores will be taken on 98th Street to determine the existing soil conditions/type. • Two (2) cores will be taken on Upland Avenue and one (1) on Quincy Avenue to determine the existing pavement section. • Soil samples obtained from the test borings will be identified according to test boring number and depth, and a representative portion of each sample will be sealed in a plastic bag to protect against moisture loss. • Six (6) borings will be taken to a depth of 15' below existing ground surface in the area of Playa Lake 94A to determine quality of soil for use as embankment. • Afterberg limits analysis will be performed and Standard penetration Tests (SPT's) will be performed at the following depths below existing ground surface at all locations up to desired depth 0'-1.5', 2'-3.5', 5'-6.5', 8.5'-10', 13.5'-15' and 18.5'-20' 5.1.2 Drainage • Two (2) 6 -ft. deep bores will be made at anticipated culvert location. 5.2. Laboratory Services Samples will be transported to the Consultant'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 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 Afterberg Limits ASTM D 4318 Percent Passing No. 200 Sieve ASTM D 1140 California Bearing Ratio (CBR) ASTM D 1883 5.3. Engineering Services Laboratory test results will be used to classify the soils according to the AASHTO and Unified Soil Classification System. Consultant 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. Consultant will analyze the results of the field exploration to provide KH with pavement structure recommendations along with construction guidelines. 6. Franchise Utility Coordination (KH) 6.1. Preliminary Design Coordination: 6.1.1 At project start up, send notice to all Franchise Utilities via registered certified mail to provide project limits and schedule for construction. 6.1.2 Data Collection and Research • Create 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 • Coordination with Surveyor regarding topographic information to be collected on utility locations • Coordinate possible utility conflicts with roadway design team 6.1.3 Franchise Conflicts Evaluation • Coordinate possible conflicts due to vertical alignment of roadway with SUE for additional data acquisition • Prepare exhibit indicating franchise utility information based upon vertical information obtained from SUE survey • Coordinate utility relocation assignments and schedule City of Lubbock — 98th Street Paving from Upland to Milwaukee Page 4 of 8 Engineering Scope of Services November 28, 2016 6.1.4 Schedule, prepare for, attend and document one (1) initial Franchise Utility Coordination Meeting. Meetings will address known potential conflicts and any future plans to extend franchise utility lines prior to roadway construction 6.2. Final Design Coordination: 6.2.1 Submit one set of final design plans and the project schedule to each affected franchise utility for their review and comment 6.2.2 Coordinate with the franchise utilities if any relocations are required. 6.2.3 Schedule, prepare for, attend and document one (1) final Franchise Utility Coordination Meeting. Meeting will address known potential conflicts that remain prior to construction and the franchisees schedule for relocating prior to construction. 6.2.4 Perform up to three (3) periodic Site Visits to observe construction and general compliance with the franchise utility relocation assignments. 7. Drainage (by Subconsultant and K -H) 7.1. Data Collection 7.1.1 Gather existing aerial and surveyed topographic information 7.1.2 Gather approved and preliminary drainage analysis reports for developments within the drainage areas to be studied 7.1.3 Coordinate with Planning Department and Storm Water Department to obtain any preliminary plats and preliminary drainage maps for developments within the drainage areas to be studied if necessary 7.2. Modeling 7.2.1 Update the Hydraulic and Hydrologic modeling data used on previous design of Milwaukee Avenue to include existing conditions of design area 7.2.2 Evaluate and coordinate with KH on establishing a proposed roadway profile, overflow sections and equalizer culverts. 7.2.3 Update and evaluate the Hydraulic model to prospective full -width roadway conditions and determine the necessity of a parallel easement(s) 7.2.4 Evaluate channel needs and sizing for design. • Evaluate and size channel for future fully developed roadway. • Determine the size of drainage easement(s) required 7.2.5 Update and evaluate the Hydraulic and Hydrologic model on interim roadway conditions 7.3. Plan Production 7.3.1 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 7.3.2 Prepare Storm Water Routing Map showing critical flow depth locations and finished floor elevations where calculated flows are more than 6" above top of curb for future, full -width roadway section. 7.3.3 Provide summary sheets showing all the necessary hydrologic and hydraulic calculations and assumptions for design and prospective fully developed roadway. 7.3.4 Provide a drainage easement/channel grading plan for each drainage easement/channel proposed. 7.3.5 Prepare Culvert Layout plan and profile of equalizer culvert 7.3.6 Provide all culvert details to support the design intent 7.3.7 Provide Cut/Fill plan for cut within Playa Lake 094A 7.3.8 Provide Erosion Control Plan with appropriate BMP's for the project 7.3.9 Technical Specifications • Provide technical specifications for drainage -related components 8. Roadway Design (KH) 8.1. Electronic File setup 8.1.1 Establish working seed files and distribute to project team (subconsultants) 8.1.2 Verify the existing ground surface once received from subconsultant (tin file) 8.1.3 Incorporate SUE line work into design files 8.2. Prepare the roadway alignment between Upland Avenue and Milwaukee Avenue City of Lubbock — 98th Street Paving from Upland to Milwaukee Page 5 of 8 Engineering Scope of Services November 28, 2016 8.3. Prepare roadway typical sections 8.3.1 Typical Sections to include subgrade and pavement design specification provided by the City 8.4. Prepare plan and profile sheets. Items to be included: Plan: • Control data • Existing / proposed right-of-way • Existing topography • Existing pavement • Proposed centerline alignment and horizontal curve data • Existing and proposed edges of pavement and/or face of curb • Proposed transition pavement tie-ins to existing pavement • Proposed culvert location, alignment and size • Existing water line locations • Existing sanitary sewer line locations • Existing franchise utility locations (based upon SUE information) Profile: • Existing ground profiles at the proposed ROW lines • Proposed vertical alignment • Proposed grade line (PGL) located at the roadway centerline. • Proposed parallel drainage ditches 8.5. Develop design cross-sections 8.5.1 Develop on 50 -ft station intervals and at cross street centerlines 8.5.2 Show pavement and subgrade, right-of-way and easement limits, side slopes, ditches, pavement cross slopes, curbs, and sidewalks 8.5.3 Cross-sections will not be provided in the bid documents but will be made available to prospective bidders for information only 8.6. Prepare roadway details to clarify intent of design 8.7. Pavement Markers and Marking Plans 8.7.1 Prepare pavement marking and signing layouts in accordance with City design standards and the Texas Manual of Uniform Traffic Control Devices (TMUTCD) 8.7.2 Prepare details to clarify intent of design 8.7.3 Compile applicable City and TxDOT standard details. Modify standard details as needed. 8.7.4 Provide a small sign summary showing each sign and mount type 8.8. Technical Specifications 8.8.1 Provide technical specifications for drainage -related components 8.9. Progress Design Review Submittal (-50%) 8.9.1 Submit five (5) 11"x17' paper copies for review 8.9.2 Submittal should include a snapshot of all developed designs and sheets such as: • Preliminary Plan and Profile sheets • Preliminary drainage designs (ditches, culverts, etc) • Construction Cost Estimate • Draft Specifications 8.10. Final Design Plans Submittal (100°/x) 8.10.1 Submit five (5) 11 "x17' paper copies to the City and one PDF version for bidding 8.10.2 Submittal shall include the following: • Final design plans • Contract documents including the following: - City of Lubbock standard construction contract forms - Notice to bidders - Special instructions to bidders - Bid form - Standard construction contract - Performance bond - Payment bond City of Lubbock — 98th Street Paving from Upland to Milwaukee Page 6 of 8 Engineering Scope of Services November 28, 2016 - Maintenance bond Certificate of insurance General conditions Special provisions Technical specifications Opinion of probable construction cost 9. Bidding Phase (K -H) 9.1. All necessary bid documents will be provided to prospective bidders by the City's 3,d -party bidding service 9.2. Attend one (1) Pre-bid Meeting in Lubbock with prospective bidders 9.3. Prepare and submit addenda to City to issue as appropriate to interpret, clarify, or expand the bidding documents 9.4. Attend one (1) Bid Opening in Lubbock 9.5. Tabulate the bids received and evaluate the compliance of the bids received with the bid documents 9.6. Prepare a written summary of this tabulation and evaluation together with a letter addressing the award of the construction contract 10. Construction Phase Services (KH) 10.1. Kim ley -Horn will provide professional construction phase services as specifically stated below as requested by the Client on an hourly basis up to 120 hours: 10.1.1 Visits to Site and Observation of Construction. • Kimley-Horn will provide on-site construction observation visits during the construction phase. We will make visits at intervals as directed by Client in order to observe the progress of the Work. Such visits and observations by Kimley- Horn are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on Kimley-Horn's exercise of professional judgment. Based on information obtained during such visits and such observations, we will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and we will keep Client informed of the general progress of the Work. • The purpose of Kimley-Horn's site visits will be to enable Kimley-Horn to better carry out the duties and responsibilities specifically assigned in this Agreement to Kimley-Horn, and to provide Client a greater degree of confidence that the completed Work will conform in general to the Contract Documents. We shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Kimley-Horn have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Kimley-Horn neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 10.1.2 Clarifications and Interpretations. • Kimley-Horn will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by Client. 10.1.3 Change Orders. City of Lubbock — 98th Street Paving from Upland to Milwaukee Page 7 of 8 Engineering Scope of Services November 28, 2016 • Kimley-Horn may recommend Change Orders to Client, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. 10.1.4 Shop Drawings and Samples. • Kimley-Horn will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. 10.1.5 Substitutes and "or -equal." • Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. 10.1.6 Disagreements between Client and Contractor. • Kimley-Horn will, if requested by Client, render written decision on all claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's work. In rendering such decisions, Kimley-Horn shall be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 10.2. Limitation of Responsibilities. Consultant shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of any Contractor. 11. Additional Services 11.1. 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: • Construction staking • Design of any offsite drainage improvements beyond the improvements identified in the scope • Existing water or sanitary sewer relocations • Environmental services • Landscape design • Irrigation design • Roadway Illumination design • Signal Design • Construction Contract Administration • 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 in excess of the number of the same identified above • Assist the City as an expert witness in litigation in connection with 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 - End of Scope of Services — City of Lubbock — 98th Street Paving from Upland to Milwaukee Page 8 of 8 Engineering Scope of Services November 28, 2016 Kimley>>> Horn Attachment B - Fee Schedule City of Lubbock RFQ #17 -13098 -SS 98th Street - Upland Avenue to Milwaukee Avenue 28 -Nov -16 Task No. Task Name (Lump Sum) Kimley-Horn Hugo Reed CMT GAI Subtotal 1 Project Management $ 22,800.00 $ - $ $ $ 22,800.00 2 Surveying $ 5,440.00 $ 54,060.00 $ $ $ 59,500.00 3 ROW/Land Owner Coord. $ 5,065.00 $ 49,735.00 $ $ $ 54,800.00 4 Subsurface Utility Engr. $ 1,400.00 $ - $ $ 13,800.00 $ 15,200.00 5 Geotechnical $ 1,300.00 $ $ 12,500.00 $ - $ 13,800.00 6 Franchise Utility Coord. $ 10,200.00 $ - $ - $ $ 10,200.00 7 Drainage Analysis/Modeling $ 33,560.00 $ 61,040.00 $ $ $ 94,600.00 8 Roadway Design $ 120,100.00 $ - $ $ $ 120,100.00 9 Bidding $ 6,800.00 $ $ $ $ 6,800.00 10 Construction Services (120 Hours) $ 22,200.00 $ - $ $ $ 22,200.00 Total Contract Fee $ 228,865.00 $ 164,835.00 $ 12,500.00 $ 13,800.00 $ 420,000.00 Kimley-Horn will perform the services in Tasks 1-10 for the total lump sum fee of $420,000, 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. Kimley-Horn and the City have mutually agreed upon 120 hours of CPS which was used to derive the CPS fee. If the hour allowance for CPS services is exceeded, a contract amendment will be required. 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 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-141910 Kimley-Horn and Associates, Inc. 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 is12/01/2016 being filed. City of Lubbock Date Acknowledged: 12/02/2016 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. 13098 98th Street Upland to Milwaukee Design 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Atz, John Dallas, TX United States X Peed, Brooks Dallas, TX United States X Schiller, Mike Dallas, TX United States X Wilson, Mark Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.2,, CERTIFICATE OF INTERESTED PARTIES FORM 3.295 tori 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 parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-141910 Kimley-Horn and Associates, Inc. Dallas, TX United States Date Filed: 12/01/2016 2 Name of governmental entity or state agency that is a party tot the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or stale agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 13098 98th Street Upland to Milwaukee Design Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary Atz, John Dallas, TX United States X Peed, Brooks Dallas, TX United States X Schiller, Mike Dallas, TX United States X Wilson, Mark Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. LINDSAY HARIMAN Public.Srare of Texas E- Comm. Expires 02-26.2020 om fiotary ID 13055'501 Signatureof authorized agent of corltracting business entity AFFIX NOTARY STAMP/ SEAL ABOVE 'YS} Som Sworn to and subscribed before me, by the said V,�V�Jr �%�� this the day of ©ect 6w, 20 I tom, to certify which, witness my hand and seal of office. Ck �-� 61-�, La s a +vyvw v,* lswil Signatur f officer administering oath Printed name of difficer administering oath Title of office administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277