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Resolution - 2013-R0198 - Agreement - Kimley-Horn And Associates Inc.- Engineering Services, Thoroughfare - 06/27/2013
Resolution No. 2013-RO198 June 27, 2013 Item No. 5.9 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, a Professional Services Agreement to provide environmental assessment, planning, and design phase engineering services for thoroughfare improvements, 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 this 27th day of June , 2013. GI •:ERTSON,MAYOR ATTEST: c--Aq 0-j�� --"N- Rebe ,ca Garza, City Secr 'tar APPROVED AS TO CONTENT: R. Keith Smith, P.E., Chief Operating Officer APPROVED AS TO FORM: a �( ,aura att, Assistant City Attorney Resolution - Kimley Horn and Associates PSA 06.10.13 Resolution No. 2013—RO198 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK This Agreement (Agreement), effective as of the 27`h day of June 2013, is by and between City of Lubbock, Texas (City), a Texas home rule municipal corporation, and Kimley Horn and Associates, Inc. (Engineer), a corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, the City intends to implement improvements along various thoroughfare corridors within the City's incorporated boundaries, and the City desires to obtain professional engineering services to provide environmental assessment, planning, and design phase engineering services for the thoroughfare improvements identified (the "Activities"); and WHEREAS, 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 City and ENGINEER to be a fair and reasonable price; and WHEREAS, the City desires to contract with ENGINEER to provide professional engineering 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 ENGINEER hereby agree as follows: ARTICLE 1. TERM The term of this Agreement commences on the Effective Date and continues without interruption until July 1, 2015. The term may be extended by subsequent amendments of this Agreement, with the written and authorized consent of both parties. ARTICLE II. SERVICES AND COMPENSATION ENGINEER shall perform the services described in Exhibit A --Scope of Services with regard to the Activities and payment shall be due and payable upon receipt in accordance with Exhibit B - Compensation. Payments due ENGINEER under this Agreement shall be electronically transferred either by ACH, specifically in CCD+ or CTX format, or wire transfer to the bank account and in accordance with the bank instructions identified in ENGINEER's most recent invoice in immediately available funds no later than the payment due date. Invoice number and project name shall be referenced in the bank wire reference fields or the ACH addenda information. In the event that such electronic funds transfer methods are not available to City, then payments due ENGINEER under this Agreement shall be made by check and mailed to the PO Box identified in the remittance instructions on the ENGINEER's most recent invoice. The Remittance Advice document shall be mailed with the check to the PO Box. Page 1 of 8 ARTICLE 111. TERMINATION A. General. City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to ENGINEER. In the event this Agreement is so terminated, the City shall only pay ENGINEER for services actually performed by ENGINEER up to the date ENGINEER is deemed to have received notice of termination as provided herein. In the event the City shall default in the performance of any term or provision of this Agreement for any reason other than failure by ENGINEER to perform hereunder, ENGINEER may, if said default shall be continuing after five (5) days notice of such default is deemed received by the City, exercise any right or remedy available to it by law, contract, equity or otherwise. B. Termination and Remedies. In the event 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 or equity, including without limitation, termination of this Agreement and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. ARTICLE IV. NON -ARBITRATION A. 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 document, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. ENGINEER is a corporation duly organized in the State of North Carolina, 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. 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 of ENGINEER. This Agreement constitutes legal, valid, and binding obligations of the ENGINEER and is enforceable in accordance with the terms thereof. D. Engineer. ENGINEER maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. 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 engineering services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional engineering services, as contemplated hereby. Page 2 of 8 F. Use of Copyrighted Material. ENGINEER warrants that any materials provided by 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 or ordinance relating to the use or reproduction of materials. ENGINEER shall be solely responsible for ensuring that any materials provided by ENGINEER pursuant to this Agreement satisfy this requirement and ENGINEER agrees to indemnify and hold City harmless from all liability or loss caused to City or by to which City is exposed on account of ENGINEER's failure to perform this duty. G. ENGINEER warrants that it shall perform the Services in accordance with the standards of care and diligence normally practiced by recognized engineering firms in performing services of a similar nature. If, during the six month period following the earlier of completion or termination of the Services it is shown there is an error in the Services caused solely by ENGINEER's failure to meet such standards, and City has promptly notified ENGINEER in writing of any such error within that period, ENGINEER shall perform, at ENGINEER's cost, such corrective engineering services within the original Scope of Services as may be necessary to remedy such error. ARTICLE VI. SCOPE OF WORK ENGINEER shall accomplish the following: Professional Engineering Services related to the Activities in Exhibit A - Scope of Services". ARTICLE VII. INDEPENDENT CONTRACTOR STATUS ENGINEER and City agree that 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. 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, ENGINEER and ENGINEER's employees and/or subconsultants, 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. ARTICLE VIII. INSURANCE ENGINEER shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to 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. ENGINEER shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or subconsultant of 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: Combined Single Limit: $1,000,000 Page 3 of 8 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $500,000 Per Occurrence ENGINEER shall further cause any approved subcontractor or subconsultant to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for ENGINEER, protecting City against direct losses caused by the professional negligence of the approved subcontractor or subconsultant. The City shall be named as additional insured with respect to the Automobile Liability and Commercial General Liability on a primary and non contributory basis and shall be granted a waiver of subrogation under those policies. 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 will be included in the Certificate. Copies of all endorsements are required. ENGINEER shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, 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 of Lubbock. If at any time during the life of the Agreement or any extension hereof, ENGINEER fails to maintain the required insurance in full force and effect, ENGINEER shall be in breach hereof and all work under the Agreement shall be discontinued immediately. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS ENGINEER may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Subconsultant"), to perform certain duties of ENGINEER provided that City approves the retaining of Subconsultants. ENGINEER is at all times responsible to City to perform the Services as provided in this Agreement and ENGINEER is in no event relieved of any obligation under this Agreement upon retainage of any approved Subconsultant. Any agent and/or Subconsultant retained and/or employed by ENGINEER shall be required to carry, for the protection and benefit of the City and ENGINEER and naming said third parties as additional insureds, insurance as described above in this Agreement. ARTICLE X. CONFIDENTIALITY 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. This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et seg., as amended (the "Texas Public Information Act") the same shall be of no force and effect. Page 4 of 8 ARTICLE XI. INDEMNITY 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 ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF ENGINEER, 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. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OF TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS 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 ENGINEER to City or City to 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. ENGINEER's address and numbers for the purposes of notice are: Brad Tribble, P.E., Senior Vice President Kimley-Horn and Associates, Inc. 7021 Kewanee Avenue, Building 8, Suite 101 Lubbock, Texas 79401 Email: brad.tribble n,kimley-horn.com Telephone: (806) 790-7425 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Aubrey A. Spear, P.E., Director of Water Resources P. O. Box 2000 1625 13th Street Lubbock, Texas 79457 Email: aspear@mylubbock.us Telephone: (806) 775-2585 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 Page 5 of 8 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 City shall furnish ENGINEER non -confidential studies, reports and other available data in the possession of the City pertinent to ENGINEER's Services, so long as City is entitled to rely on such studies, reports and other data for the performance of ENGINEER's Services under this Agreement (the "Provided Data"). 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. 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, ENGINEER's books and records with respect to this Agreement between ENGINEER and City. C. Records. ENGINEER shall maintain records that are necessary to substantiate the services provided by ENGINEER. D. Assignability. 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 ENGINEER, and in the case of City, its respective successors, legal representatives, and assigns, and in the case of ENGINEER, its permitted successors and assigns. 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 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 circumstances, 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 ENGINEER and City. I. Entire Agreement. This Agreement, including Exhibits "A", "B-1" and "13-2", attached hereto, contains the entire Agreement between the City and ENGINEER, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. Page 6 of 8 J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership, or principal — agent relationship between 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 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. The City will assume sole liability for any reuse or modification of the ENGINEER's work product without ENGINEER's prior written consent. L. Notice of Waiver. A waiver by either City or ENGINEER of a breach of this Agreement must be in writing 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 City and ENGINEER. N. No Personal Liability. Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer or agent of any public body that may be a party to this Agreement. O. Sovereign Immunity Acknowledged and Retained. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY THE CITY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT THE CITY MAY HAVE BY OPERATION OF LAW. THE CITY RETAINS ALL GOVERNMENTAL IMMUNITIES. P. Extent of Responsibility. ENGINEER does not guarantee that proposals, bids or actual project costs will not vary from ENGINEER's opinions of probable cost or that actual schedules will not vary from ENGINEER's projected schedules. ENGINEER shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project; (2) the failure of any contractor, subcontractor, vendor, or other Project participant, not under contract to ENGINEER, to fulfill contractual responsibilities to the City or to comply with federal, state, or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Exhibit A, Scope of Services. Q. Unforeseen Circumstances. Except for City's obligation to make payments, neither party shall be in default hereunder to the extent such default is caused by a cause or circumstance beyond such party's reasonable control. ENGINEER shall be entitled to an equitable adjustment in schedule and compensation in the event such circumstances occur. EXECUTED as of the Effective Date hereof. Page 7 of 8 ATTEST: J2 Rebe f a Garza, City Secretary APPROVED AS TO CONTENT: i &�41 r R. Keith Smith, P.E., Chief Operating Officer Aubrey A. Spe , P.E., Director f Water Resources APPROVED AS TO FORM: ��a- �2 a�'- Lau Pratt, Assistant City Attorney CITY OF LUBBOCK —'5�ellll GLEN ROBE 'T&N, MAYOR KINILEY-HORN AND ASSOCIATES, INC. G. Brad Tribble, P.E., Senior Vice President Page 8 of 8 Exhibit A — Scope of Services Milwaukee Avenue & Erskine Street Project Understanding The Project includes the development of an environmental document and a schematic for the widening of two thoroughfare streets in Lubbock, Texas: • Milwaukee Avenue will be widened from 2 -lanes to 7 -lanes between 4th Street and Erskine Street, a distance of one mile. • Erskine Street will be widened from 2 -lanes to 7 -lanes between Milwaukee Avenue and Frankford Avenue, a distance of one mile. The environmental documentation and schematic design for both streets will be developed according to standards established by the Texas Department of Transportation (TxDOT) and the Federal Highway Administration (FHWA) to meet eligibility requirements for state and federal funding. Both streets will be developed and combined to be submitted as a single project. Project elements include: locating existing right of way, identifying and locating existing utilities (public and franchise), hydrologic study and hydraulic design, schematic design, right of way needs determination, public involvement, and environmental documentation. 1. Environmental 1.1 Anticipated Document Type and General Scope Requirements Since the project scope anticipates the acquisition of less than five (5) acres of ROW per mile of roadway and no commercial or residential displacements, this scope of services is based upon the intended goal of pursuing and receiving an Added Capacity Categorical Exclusion developed to TxDOT/FHWA standards. For this project, the Engineer shall: 1.1.1 Provide services in accordance with the State's latest practices, criteria, specifications, policies, procedures and Standards of Uniformity (SOU). Documents shall be sufficient to satisfy the current SOUs available from the State as of the Notice to Proceed date of this contract. Any TxDOT/FHWA modifications to the SOU's subsequent to the Notice to Proceed may require a request for Additional Services to address the new SOU's. 1.1.2 Incorporate environmental data into identification of alternatives. 1.1.3 Notify the City of its schedule, in advance, for field activities. 1.1.4 When specified, seek right of entry from public or private land owners to perform environmental services. Right of entry permission shall be written and signed by the land owner. Develop letters or other materials for seeking right of entry. Letters or other materials seeking right of entry shall not be distributed without prior approval of the City. Letters or other materials seeking right of entry shall contain explicit reference to the kinds of activities for which right of entry is requested and an indication of the impacts (if any) that will result from performance of environmental services. 1.1.5 Notify the City and State as soon as practical, by phone and in writing, if performance of environmental services discloses the presence or likely presence of significant impacts (in accord with 40 Code of Federal Regulations (CFR) 1500-1508). Inform the City and the State of the basis for concluding that there are significant impacts and the basis for concluding that the impacts may require mitigation. 1.1.6 Notify the City and the State as soon as practical, by phone and in writing, if performance of environmental services results in identification of impacts or a level of controversy that may elevate the Transportation Activity's status from a categorical exclusion or environmental assessment, and the State will reassess the appropriate level of documentation. 1.2 Environmental Documentation Requirements 1.2.1 Each environmental service provided by the Engineer shall have a deliverable. Deliverables shall summarize the methods used for the environmental services, and shall summarize the results achieved. The summary of results shall be sufficiently detailed to provide satisfactory basis for thorough review by the City, State, FHWA, and (where applicable) agencies with regulatory oversight. Deliverables shall meet regulatory requirements for legal sufficiency. 1.2.2 Quality Assurance/Quality Control Review - For each deliverable, the Engineer shall perform quality assurance/quality control (QA/QC) reviews of environmental documents and on other supporting environmental documentation to determine whether documents conform with: Milwaukee Avenue (4th Street to Erskine Street) & Erskine Street (Milwaukee Avenue to 1=rankford Avenue) Page 1 of 11 Kimley-Horn and Associates, Inc. May 8, 2013 Exhibit A — Scope of Services Milwaukee Avenue & Erskine Street • Current SOUs published by the State's Environmental Affairs Division (ENV) and in effect as of the date of receipt of the documents or documentation to be reviewed; • Current state and federal laws, regulations, policies, guidance, and agreements between the State and other state or federal agencies; and FHWA/American Association of State Highway and Transportation Officials (AASHTO) guidelines contained in "Improving the Quality of Environmental Documents, A Report of the Joint AASHTO/American Council of Engineering Companies (ACEC) Committee in Cooperation with the Federal Highway Administration" (May 2006) for readability, and use of evidence and data in documents to support conclusions. • Upon request by the City or the State, the Engineer shall provide documentation that the QA/QC reviews were performed by qualified staff. 1.2.3 Deliverables shall contain data acquired during the environmental service. Deliverables shall be written to be understood by the public and must be in accordance with the State's On -Line Environmental Manual (August 2004), current Standards of Uniformity (SOU), current guidelines, policies and procedures. 1.2.4 Electronic versions of each deliverable must be written in software which is compatible to the State and must be provided in a changeable format for future use by the State. The Engineer shall supplement hard copy deliverables with electronic copies in searchable Adobe AcrobatTM (.pdf) format, unless another format is specified. Each deliverable shall be a single, searchable .pdf file that mirrors the layout and appearance of the physical deliverable. The Engineer shall deliver the electronic files on CD -R or CD -RW media in Microsoft Windows format. 1.2.5 Submission of Deliverables: • Deliverables shall consist of reports of environmental services performed in addition to an Added Capacity Categorical Exclusion (CE) document, when applicable. • The deliverables shall go through an internal quality review before being sent to the City and the State. • Deliverables must comply with applicable state and federal environmental laws, regulations and procedures. 1.2.6 The Engineer will address review comments provided by the City, State, FHWA, and other agencies, and shall revise the deliverable: • to include any State commitments, findings, agreements, or determinations (e.g., wetlands, endangered species consultation, Section 106, Section 4(f)) required for the Transportation Activity as specified by the State; • to incorporate the results of public involvement and agency coordination; • to reflect mitigation measures resulting from comments received or changes in the Transportation Activity; • include with the revised document a comment response form (matrix) in the format provided by the State. 1.3 Technical Reports: 1.3.1 Definition of technical report for environmental services: a report detailing resource -specific studies identified during the process of gathering data to prepare an environmental document. 1.3.2 Technical reports shall be produced before an environmental document (CE) is prepared in order to identify issues early in the process. The State will determine which reports will be necessary for any given project. Technical reports must be provided to the State with sufficient detail and clarity to support environmental determination(s). The environmental document shall reference the technical reports. 1.3.3 Environmental technical reports shall include appropriate National Environmental Policy Act (NEPA) or federal regulatory language in addition to the purpose and methodology used in delivering the service. Technical reports will include sufficient information to determine the significance of impacts. Technical reports are listed below: • Water/Biology Tech Memo Water Quality Milwaukee Avenue (4th Street to Erskine Street) & Erskine Street (Milwaukee Avenue to Frankford Avenue) Page 2 of 11 Kimley-Horn and Associates, Inc. May 8, 2013 Exhibit A – Scope of Services Milwaukee Avenue & Erskine Street Wetlands (USACE permitting not included in scope) Endangered Species (presence/absence surveys not included in scope) Vegetation and Habitat Survey Jurisdictional Waters Determination • Cultural Resources Proiect Coordination Requests Historic (historic resources survey not included in scope) Archeology (archeological survey not included in scope) • Human Environment – Air Quality (assumption that no modeling is required) – Noise (barrier analysis not included in scope) – Socioeconomics/Relocations if needed – Public Involvement—prepare environmental constraints map for and attend public meeting and public hearing; prepare public involvement summary and response draft document • Other Hazardous Materials Impact Studies—initial site assessment 1.3.4 Deliverables: • Draft Technical Reports • Final Technical Reports 1.4 Public Involvement 1.4.1 A Public Involvement Plan will be developed and submitted to the City for review and approval. The Public Involvement Plan will meet state and federal requirements. 1.4.2 Public Meeting • Schedule and attend one (1) meeting with the City and State to plan and schedule a Public Meeting. • Engineer will coordinate and reserve the meeting location which will be held at a public facility within close proximity to the project site, preferably a local school. • Engineer will prepare an official meeting notice according to state and federal requirements. Once the notice is approved by the State, the City of Lubbock will be responsible for publishing the notice in the "Legal Notices" section of the "Lubbock Avalanche Journal" and the "West Texas Hispanic News" twice prior to the meeting (30 -days and 10 -days prior to the meeting). • Engineer will coordinate and prepare a mailing list for the Public Meeting. Mailing list will include City and State staff members, elected officials, and the public. The public mailing list will be developed using the City of Lubbock's GIS database. • Engineer will print and mail notices to addresses within the project area at least two weeks prior to the public meeting. • Engineer will prepare and display meeting exhibits, sign -in sheets, handouts, and a Power Point presentation. Displays, handouts, and the PowerPoint presentation will be provided to City and State prior to meeting for review and comment. • Engineer will make a technical presentation and will assist the City in facilitating the Question and Answer segment of the public meeting. • Engineer will take notes of questions and comments made by the public for use in documenting the meeting, and for use in addressing public concerns. A verbatim transcript will not be taken of the public meeting. • Engineer will prepare a Public Meeting Summary Report and submit this report to TxDOT for review and approval. 1.4.3 Public Hearing • Engineer will coordinate with City and State in determining whether to afford the opportunity for a Public Hearing, or to proceed directly to a Public Hearing. • Schedule and attend one (1) meeting with the City and State to plan and schedule a Public Hearing. Milwaukee Avenue (4th Street to Erskine Street) & Erskine Street (Milwaukee Avenue to Frankford Avenue) Page 3 of 11 Kimley-Horn and Associates, Inc. May 8, 2013 Exhibit A — Scope of Services Milwaukee Avenue & Erskine Street • Engineer will coordinate and reserve the Hearing location which will be held at a public facility within close proximity to the project site, preferably a local school. • Engineer will prepare an official hearing notice according to state and federal requirements. Once the notice is approved by the State, the City of Lubbock will be responsible for publishing the notice in the "Legal Notices" section of the "Lubbock Avalanche Journal" and the "West Texas Hispanic News" twice prior to the meeting (30 -days and 10 -days prior to the meeting). • Using the mailing list developed for use during the Public Meeting, the Engineer will mail notices to announce the Public Hearing. • Engineer will print and mail notices to addresses within the project area at least two weeks prior to the Public Hearing. • Engineer will develop and display Public Hearing exhibits, and will provide sign in sheets, handouts, and a Power Point presentation. Displays, handouts, and PowerPoint presentation will be provided to City and State prior to meeting for review and comment. • Engineer will make a technical presentation at the Public Hearing and will assist the City and State in facilitating the public comment period. While no public responses will be given during the hearing, the Engineer will provide written responses after the public hearing, and information will be summarized into a Public Hearing Summary. • Engineer will coordinate the Court Reporter to attend and take a verbatim transcript of the Public Hearing. • Public Hearing will be documented and public comments addressed in the environmental documentation. • Engineer will prepare a Public Hearing Summary Report and submit this report to TxDOT for review and approval. 1.5 Categorical Exclusion (CE) Content and Format. 1.5.1 The Added Capacity CE shall meet the requirements of 23 CFR 771.117, and Texas Administrative Code (TAC), Title 43, Part 1, Chapter 2. The CE content shall be in sufficient detail to meet regulatory requirements for legal sufficiency. 1.5.2 The format shall follow the format specified in the SOUs. 1.5.3 The CE shall be a concise document and shall incorporate by reference the detailed environmental studies. 1.5.4 Exhibits to be included in reports or CEs shall not exceed 11" by 17," and shall be in color. Text pages shall be 8.5" by 11". Exhibits and text shall be neat and reproducible via photocopying without loss of legibility. The CE documents shall be reproduced on plain white paper unless otherwise approved in advance in writing by the State. 1.5.5 Submit to the City and State the number of copies specified of the CE. The review and final copies of the CE shall be delivered to the City and State on computer disk or via e-mail in a searchable PDF format compatible with the State's software. The Engineer shall consult with the City and State to identify electronic formats acceptable to each. The Engineer understands the State reserves the unlimited right to revise the electronic copy of the CE. The Engineer understands the City and the State reserves the unlimited right to produce paper copies of the CE. The following contents are to be provided in the CE: • A cover sheet which includes the project and project limits, CSJ numbers, county, date (month/year), "Federal Highway Administration and Texas Department of Transportation," "Table of Contents and Appendices," and the title: "Categorical Exclusion" • A detailed statement of need and purpose • A detailed discussion of the scope of the Transportation Activity (Existing and Proposed Facility, Right of Way, Utilities and Transportation Improvement Program date) • The CE shall summarize any social, economic, environmental impacts, appropriate mitigation measures, commitments, and incorporate known and foreseeable public and agency concerns Milwaukee Avenue (4th Street to Erskine Street) & Erskine Street (Milwaukee Avenue to Frankford Avenue) Page 4 of 11 Kimley-Horn and Associates, Inc. May 8, 2013 Exhibit A — Scope of Services Milwaukee Avenue & Erskine Street • Public Involvement • A conclusion with justification that the Transportation Activity qualifies as a CE • A project location map and typical cross-section • Correspondence with regulatory agencies • Pages of any approved applicable transportation plans to demonstrate project consistency with the plans. Transportation plans include: metropolitan planning organization (MPO) long-range metropolitan transportation plan (LRTP or MTP) and Transportation Improvement Program (TIP) or State Transportation Improvement Program (STIP) for areas not within an MPO jurisdiction 1.5.6 Deliverables: • Electronic copy of Preliminary Draft CE for district review • Eight (8) copies of Draft CE for State review (Prime - 1, City - 2, State - 5) • Eight (8) copies of Draft CE for FHWA review (Prime - 1, City - 2, State - 5) • Eight (8) copies of Final CE (Prime - 1, City - 2, State - 5) • Electronic copy to be provided for each deliverable (PDF and Word) Schematic Design 2.1 Project Management 2.1.1 Develop project communication plan • Conduct progress meetings to monitor the development of the project. During this phase of the project, conduct up to: — Four (4) meetings with the City regarding project status and coordination issues. The first meeting being the preliminary design concept conference (DCC) — Three (3) meetings with TxDOT — Prepare meeting agendas and distribute minutes • Coordinate with subconsultants (environmental, survey, and SUE) • Prepare and e-mail weekly progress reports to the project team (City and KHA Staff). Note: during periods of consultant inactivity because of submittal reviews, etc., the reports may be temporarily suspended 2.1.2 Develop project production plan • Develop workplan (identify tasks and subtasks) • Develop roles and assignments • Develop schedule and interim milestones • Develop Quality Assurance Plan and Quality Control Plan • Develop Schedule for milestone QA/QC review • Prepare Design Summary Report (DSR) and update throughout schematic design 2.1.3 Project Administration • Prepare project correspondence, and invoicing documents. 2.2 Data Collection (City to provide hard copy and electronic format if available) 2.2.1 Roadway Data • City design criteria • City standard details • Other applicable City ordinances • City infrastructure and master thoroughfare plan (MTP) requirements • Proposed / existing development plats for properties adjacent to the project • Milwaukee Avenue and Erskine Street right-of-way information and typical sections 2.2.2 Drainage Data • City Of Lubbock Drainage Criteria Manual • City of Lubbock Stormwater Master Drainage Plan • City of Lubbock Land Use Master Plan • Existing storm drainage facilities / record drawings • Existing hydraulic models for: Playa System A (sub -basin A101), Playa System B(sub-basins 8106 and B108) (if available) Milwaukee Avenue (4th Street to Erskine Street) & Erskine Street (Milwaukee Avenue to Frankford Avenue) Page 5 of 11 Kimley-Horn and Associates, Inc. May 8, 2013 Exhibit A — Scope of Services Milwaukee Avenue & Erskine Street 2.2.3 Utility Data — Public Utilities — Coordination with SUE subconsultant and collection of the following: • Existing water line locations / record drawings • Water master plan requirements • Existing sanitary sewer line locations / record drawings • Sanitary sewer master plan requirements • City utility relocation requirements (if applicable) 2.2.4 Utility Data — Franchise Utilities • The scope of this project is limited to a Quality Level "C" Subsurface Utility Engineering (SUE) Investigation. The Engineer shall obtain information on existing utilities from utility owners and shall identify and evaluate known existing and proposed public and private utilities. The Engineer shall identify potential conflicts and attempt to minimize the potential adverse utility impacts in the preparation of the schematic design. The Engineer shall prepare a base map depicting the utility locations. • 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 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. — 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 not 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. • The Engineer 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 Engineer that the line sizes of designated utility facilities detailed on the deliverable are from the best available Milwaukee Avenue (4th Street to Erskine Street) & Erskine Street (Milwaukee Avenue to Frankford Avenue) Page 6 of 11 Kimley-Horn and Associates, Inc. May 8, 2013 Exhibit A — Scope of Services Milwaukee Avenue & Erskine Street 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. • Deliverables: The electronic file will be delivered on CD or DVD. A hard copy will be signed, sealed, and dated by the Engineer. If requested, the QL"C" SUE information will be over laid on the design plans. 2.2.5 Survey Data • Establish Project Control • A topographic survey will not be conducted for this project. • Engineer will use available aerial elevation data provided by the City of Lubbock to develop the schematic. 2.2.6 Existing Right of Way Data • Establish section corners at 4th Street and Milwaukee Avenue Milwaukee Avenue and Erskine Street, and Erskine Street and Frankford Avenue • Develop ROW Base Map The Engineer will gather readily available right-of-way information from the City of Lubbock for use in preparing an existing right-of-way base map. The Engineer will supplement the existing data provided by the City with any proposed right-of-way information and make such information clearly discernible from the existing right-of-way information. The Engineer will perform field surveying to locate existing property corners to help establish the exact location of the existing right of way. The right of way base map will be incorporated into the schematic document. The right of way base map will include the following information: ♦ Parcels and easements with current volume and page ♦ Current owner ♦ Parcel number ♦ 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 2.2.7 Traffic • TxDOT approved traffic counts — Obtain current year and 20 -year projected ADT volumes from TxDOT TP&P (if available) • Recent 24-hour directional machine counts • Recent peak hour intersection turning movement counts at the Milwaukee/Erskine intersection (if available) 2.2.8 Project site visits (up to five (5) trips) to evaluate field site conditions during development of the schematic 2.3 Roadway 2.3.1 Prepare Schematic roadway design for the ultimate Type T-2 Thoroughfare Section (7 -lane arterial) • Prepare typical sections Milwaukee Avenue (4th Street to Erskine Street) & Erskine Street (Milwaukee Avenue to Frankford Avenue) Page 7 of 11 Kimley-Horn and Associates, Inc. May 8, 2013 Exhibit A — Scope of Services Milwaukee Avenue & Erskine Street Existing and Proposed Depict subgrade and pavement design (use existing City pavement design) Prepare preliminary plan and profile (roll plot format). Items to be included: Plan ■ Control data ■ Existing / proposed right-of-way ■ Existing topography (as shown on available City of Lubbock aerial elevations) ■ Existing pavement (as shown on available City of Lubbock aerial elevations) ■ Proposed centerline alignment and horizontal curve data ■ Proposed face of curb ■ Proposed medians(if applicable) ■ Proposed transition pavement tie-ins to existing pavement ■ Proposed storm sewer and culvert alignments and sizes ■ Proposed traffic signal poles ■ Existing trees to remain (if possible) ■ Existing trees to be removed ■ Existing driveway locations ■ Proposed commercial driveways (proposed residential driveways will be included in the final design) ■ Existing culvert and/or storm drain locations ■ Existing water line locations ■ Existing sanitary sewer line locations ■ Existing franchise utility locations (relying upon information provided by franchise utilities and the data collected as part of the SUE) — Profile ■ Existing Ground Profile (as shown on available aerial elevation data provided by the city of Lubbock) and Proposed Vertical Alignment at proposed center line ■ Proposed cross drainage culverts ■ Superelevation Data Prepare Design Cross Sections on 11" x 17" sheets 2.4 Drainage 2.4.1 Compile the hydrological and hydraulic data 2.4.2 Develop the project drainage area map • Determine conveyance paths, channel slopes, time of concentration, and runoff coefficients as required to calculate design -year flows • Subdivide the overall drainage areas into sub -areas and calculate the discharge at each discharge location. (Storm Sewer is not anticipated for this project and is not included in this scope) 2.4.3 Develop ICPR Existing and Proposed H&H Model and analyze results 2.4.4 Develop Proposed Roadway Profile to accommodate drainage needs 2.4.5 Analyze drainage improvements required to accommodate the new roadway 2.4.6 Evaluate the need for any offsite drainage improvements 2.4.7 Preliminary design of offsite drainage improvements such as playa lake cut/fill work and drainage channels required to convey stormwater 2.4.8 Identify the need for and preliminary size of any necessary drainage easements to accommodate the proposed offsite drainage improvements. 2.4.9 Deliverables: • Draft Technical Memo for Hydraulic Analysis • Final Technical Memo for Hydraulic Analysis 2.5 Utilities 2.5.1 Public and Franchise • Graphically designate on the schematic the location of existing utilities based upon information provided by the City and SUE survey information. Milwaukee Avenue (4th Street to Erskine Street) & Erskine Street (Milwaukee Avenue to Frankford Avenue) Page 8 of 11 Kimley-Horn and Associates, Inc. May 8, 2013 Exhibit A — Scope of Services Milwaukee Avenue & Erskine Street • Identify public utility conflicts with proposed roadway 2.6 Traffic 2.6.1 Indicate existing and proposed traffic volumes on the schematic document. 2.6.2 Traffic Signals - Traffic signal design is not included in this scope. 2.6.3 Traffic Control Plan - Traffic control planning is not included in this scope. It is anticipated that these roadways will be constructed using a traffic control plan that is similar to other comparable streets in Lubbock 2.7 Design Exceptions and Waivers 2.7.1 We do not anticipate the need for any design exception or waivers. If any are required, we will provide them as Additional Services if authorized by the City of Lubbock. 2.8 Construction Cost Projection (Or Opinion of Probable Cost) 2.8.1 Perform quantity takeoff and develop construction cost projection 2.8.2 Evaluate both municipal and TxDOT bid tabulations for current trends in unit prices 2.9 QA/QC milestone review 2.10 Schematic Deliverables (roll plot) 2.10.1 Submit three (3) copies to the City for review and comment at 30% schematic completion 2.10.2 Address City Comments from 30% and resubmit three (3) copies at 95% schematic completion 2.10.3 Address City Comments from 95% submittal and resubmit three (3) copies of the City - approved schematic to TxDOT Lubbock District for review and comment 2.10.4 Conduct schematic design review meeting with TxDOT Lubbock District to solicit review comments and discuss approach to addressing comments 2.10.5 Submit three (3) copies of the TxDOT District Office approved schematic to TxDOT Design Division for review and comment. 2.10.6 Address Division comments and re -submit schematic for approval, if necessary. 2.10.7 City Submittal shall include the following: • Preliminary roadway alignment (plan and profile) • Preliminary hydraulic report and drainage area map • Preliminary design cross sections • Preliminary opinion of probable construction cost 2.10.8 TxDOT Submittal shall include the following: • Schematic Roll Plot document • Design cross sections • Preliminary opinion of probable construction cost • Updated Design Summary Report • Form 1002, Page 3 3. 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: 3.1 Complete topographical survey 3.2 Aerial photography 3.3 Proposed Right of Way acquisition documents 3.4 Noise barrier analysis 3.5 Air quality modeling 3.6 US Army Corps of Engineers permitting 3.7 Endangered species presence/absence surveys 3.8 Historic resources survey 3.9 Archeological survey 3.10 Environmental documentation above a Categorical Exclusion 3.11 Preparation for and attendance at public meetings or hearing beyond what is identified in the scope 3.12 Level A or Level B Subsurface Utility Engineering 3.13 Traffic counts or turning movement counts 3.14 Traffic modeling or traffic forecasting Milwaukee Avenue (4th Street to Erskine Street) & Erskine Street (Milwaukee Avenue to Frankford Avenue) Page 9 of 11 Kimley-Horn and Associates, Inc. May 8, 2013 Exhibit A — Scope of Services Milwaukee Avenue & Erskine Street 3.15 Design Exceptions or Design Waivers 3.16 Pavement design 3.17 Pavement Life Cycle Cost Analysis (LCCA) 3.18 Storm sewer design 3.19 Relocation design for existing water and sewer utilities 3.20 Design of new water or sewer utilities 3.21 Design of offsite drainage improvements 3.22 Traffic signal design 3.23 Traffic control plan design 3.24 SWPPP design 3.25 Landscape design 3.26 Irrigation design 3.27 Preparation of any construction documents 3.28 Construction contract administration 3.29 Construction staking 3.30 Assist the City as an expert witness in litigation in connection with the project or in hearings before approving and regulatory agencies 3.31 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 Milwaukee Avenue (4th Street to Erskine Street) & Erskine Street (Milwaukee Avenue to Frankford Avenue) Page 10 of 11 Kimley-Horn and Associates, Inc. May 8, 2013 Exhibit A — Scope of Services Milwaukee Avenue & Erskine Street 4. Schedule Task Description ■iiiii■ii■■■■■■■■� Notice to Proceed Given ■■■■■■■■■■■■■■■■■ 1.0 Environmental 1.1 ...-. Capacity CE ----------------- 1.2 Environmental Document 1.3 Technical Reports 1.4 Public Involvement MEN== Public Meeting■■■■M■■■■■■■Public Hearing 1.5 ■■■■■� Categorical ■■■--2.0 Schematic Design ------------� ■■■■■■■■■■■■■■■■■■ 2.1 Project _ . - 2.2 Data Collection ------------------ 2.4 Drainage 2.7 Design Exceptions 2.8 Construction Costs Schedule notes: 1. Environmental analysis and activities are episodic in nature, as there are several waves of activities The schedule shown above indicates the possible time frame during which these activities will take place. Included in this schedule are reviews from TxDOT and FHWA. - End of Scope of Services — Milwaukee Avenue (41h Street to Erskine Street) & Erskine Street (Milwaukee Avenue to Frankford Avenue) Page 11 of 11 Kimley-Horn and Associates, Inc. May 8, 2013 Kimley-Horn and Associates, Inc. Standard Rate Schedule (Hourly Rate) Senior Professional I Senior Professional II Professional Analyst Designer Technical Support Clerical/Administrative Support FEE AND BILLING Exhibit B - Compensation $180-$215 $150-$195 $100-$145 $90-$100 $130-$140 $70-$110 $60-$95 ENGINEER will provide the tasks identified in the Scope of Services (Exhibit A) on a labor fee plus expense basis, not to exceed the sum of $544.400.00. The budgeted amount will not be exceeded without the City's prior written approval and amendment of this agreement. The reimbursable fee breakdowns in the work plan (Exhibit B) are provided for budgeting purposes only and are not intended to represent a specific budget for each reimbursable task. ENGINEER reserves the right to reallocate the reimbursable budget among tasks as determined necessary by the ENGINEER. Labor fees will be billed according to the rate schedule listed above, which is applicable up to two years after the date of the execution of this agreement. Direct reimbursable expenses such as express delivery services, fees and other direct expenses will be billed at 1.10 times cost. A percentage of labor fee (7%) 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. Reimbursable fees will be invoiced monthly based on the actual amount of services performed and expenses incurred. Ili M FJ Kimley-Horn ■.- i• and Associates, Inc. Project Workplan Budget 'General Project Information Client: City of Lubbock Project: Milwaukee and Erskine KHA No. PM: Kerry Miller Exhibit B - Compensation Budget Summary Date* May 8, 2013 Task No. Task Name 710 Cox McLain Environmental Con 720 Hugo Reed and Associates, Inc. 730 The Rios Group .f-� • �.� ® s e 4 Labor: $ 273,600 Expenses: $ 270,800 TOTAL: $ 544,400 nc. TOTALS: Cost Multiplier Subtotal $ 58,974 1.10 $ 64,900 $ 155,210 1.10 $ 170,800 $ 10,181 1.10 $ 11,200 Paqe 1 of 3 PP"'- M F1 Kimley-Horn 11111b. -=and Associates. Inc. Project Workplan Budget General Project Information Client: City of Lubbock Project: Milwaukee and Erskine KHA No: PM: Kerry Miller Labor: $ 71,700 Expenses: $ 2,200 Allocation: $ 5,100 TOTAL: $ 79,000 Exhibit B - Compensation Date: May 8, 2013 Task Information Number: 110 Name: Environmental Task Mgr: Kerry Miller Quo'` roti � `sky Task Descriptions: GLC: P8 --) Z P61 v Z Y- v P5 I P3 D8 B4 N6 (Hrs) Expenses ($) Project Management 56 1 56 Coordinate with Environmental Sub 16 16 32 Project Administration (8 months) 4 32 24 16 76 QA/QC of Environmental Documents 8 12 20 Categorical Exclusion Document Assist in draft of Need and Purpose 16 16 Write project description 2 2 Provide location map and typical sections 1 121 1 12 Public Involvement Public Meeting Schedule/Attend Prep Meeting 4 2 6 Write Notice/Coordinate with TxDOT 81 8 Coordinate with Sub for mailings 41 4 8 Reserve Facility 2 2 Prepare displays, handouts, etc. 16 16 8 4 44 $ 100 Set up, attend, tear down Pub. Mtg. 6 10 12 1 1 28 $ 600 Summarize & Address Comments 8 41 1 12 Public Hearing Schedule/Attend Prep Meeting 1 41 2 6 Writ-e-Notice/Coordinate with TxDOT 81 1 8 Coordinate with Sub for mailings 21 2 1 4 Reserve Facility/Court Reporter 41 1 4 $ 600 Prepare displays, handouts, etc. 161 16 41 1 4 1 1 40 $ 100 Set up, attend, tear down Pub. Hrng. 6 10 12 1 1 1 1 28 $ 600 Summarize & Address Comments 16 8 6 30 Public Interaction Before/After Meetings 12 12 Subtotals:l 16 254 108 121 4541$ 2,000 44.51 15.71 1 1.71 1 2.61 3.8 71.71 $ 2,200 Paoe 2 of 3 ► =F1 Kimley-Horn 1111111h,and Associates, Inc. Project Workplan Budget Client: City of Lubbock Project: Milwaukee and Erskine KHA No. PM: Kerry Miller Labor: $ 201,900 Expenses: $ 2,400 Allocation: $ 14,200 TOTAL: $ 218,500 Exhibit B - Compensation Date: May 8, 2013 Number: 130 Name: Schematic Task Mgr: Rey Carrasco Q�� • GQ�oti Q�o� �\ 0�a�� � O• J yea e� oe� y5�° �� ^ no�aj Task Descriptions: GLC: P8 P6 P5 P3 D8 64 N6 (Hrs) Expenses ($) Project Management 4 321 1 36 62 Work Planning 6 401 161 Coordinate with Subconsultants 24 40 64 Project Administration (4 months) 2 16 12 8 38 _ QA/QC of Schematic and H&H Report 40 40 80 $ 1,200 Attend Meetings with City (anticipate 4) 5 12 20 37 $ 900 Attend Meetings with TxDOT (anticipate 3) 5 9 15 1 1 1 29 Site visits (anticipate 5) 15 15 30 Data Collection Research, evaluate, distribute 8 16 24 48 Roadway Schematic Prepare Design Criteria (DSR) 8 4 4 2 18 Develop typical sections (exist & prop) 2 8 12 22 File set-up, title block, import topo 8 16 1 24 Develop horizontal geometry 1 161 241 1 40 Incorporate H&H information into vertical 801 1 1 1 1 1 80 Draft schematic (lanes, drives, etc.) 24 100 1601 1 1 284 Develop preliminary design cross sections 4 40 241 1 68 Establish proposed ROW limits 8 16 241 1 8 Annotate preliminary schematic 4 40 801 1 124 Import utility information into schematic 11 8 4 13 Prepare TxDOT forms (1002, etc) 11 41 2 7 Develop Opinion of Probable Cost 8 301 40 1 78 Submit and Revise 30% schematic 4 241 40 1 68 Submit and Revise 95% schematic 2 161 16 34 Submit and Revise 100% schematic 2 81 8 18 Subtotals:1 221 2641 564 1 478 121 101 13501$ 2,100 Effort:1 4.7146.2181.81 166.91 1 1.31 1 $ 2,400 Page 3 of 3 C O Cu Cn C a) CQ C O 4� Val c .? 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FT $ ® CC)N m O L U h n � m N m O ao O V 47 O N O fD w N 00 O co UN 0 (� .m 0 W m CL to a U) 0 C W 0 CLco O N N N t0 V N C N O � cJ � O IDy m in m. c Z ° m a v U4 Wg c o = m 0 a2' 0 Um C = CU fA EL J O U A v ` A :O E . A A m p > O m C O N d e m m c ami E AA C 3 o m J m_3 a A E C p O U to cc c A m '9 0 U C O '9 vi > m m� O v ° _c o v �' m m — v c m • ~ 0'• a0i m m w N _ d v •m CI V MO C O C r m m> N Q N m U C O E d y C m> d • v y a v U c Q m a m z c d � j mC E m v CD V) Cl m ca.m O c cm V m N N m U U C m N m _N E LL V m c C f CD v Z, C MOM OUa m _ v eo E m y m E v z 0 m o iv o o mHu o> Osa O O Om N V ° O c m N m J p m ELNmhO w E ` $v> m Ea mL O w ayum m 'm Om 3 U r - n n a m •• Qp NL m ,f U a - > - > O X O py X p� En m w UCUw a a n '31 N cli C6 [h 4 6 6 0: N M 4 N LLY 10 a0 N fV N N fV N . M N N N N N N N N c 0 . coc ¢ O E 0 A 2 � x W § qkk \} \ @i _ 2/ _ _ / / 64 6s 69mmn . ]to CO co 2 e / 0 - § 3 ! \ § £LO G - co co cli )C14 �■(§ �QRc ab _ \ j § co CD 69 ƒ _ §cq) }/co Cl) co to k k� N CII C14 2 opt&a CD e CD 7 /co _ _C14 co § CL _§ ¥ {/ a _ \ `£ \/{) I IL & __uEE - A 7 F- 2 . « _ k J E { e k | �{\()«f4 0 j k ' §) °` k 0 13( 7§ @ n 2 2 2 ' ` a@ t■ a m @ § { & 3 § {) E - § \ { k / # % $ LL 0 2 0 _ 3 co 7 7 \ I ] 2 2 # © © _ =E®`*'«IEEE ( S | § | @ o ■ _@_o@Z�=-u000 £ §■e o)£ ` § \ \ \ } 7 ! E { \ § § § ® a E = - ■ @ e e » a - ■ z 0 3 e§ 3 3 k m,- k 3 I« > 3 W__� § 7 k kw � a 2= 0 k ul Exhibit B - Compensation ESTIMATE OF EXPENSES WORKSHEET 2 �HILIGO REED AND ASSOCIATES, INC. 08 -May -13 Reimbursable Expenses Qty. Unit Unit Price Unit Extension Mailouts (Supplies and Postage) Public Meeting Notices 800 Pieces @ $1.00 Per Piece $800 Public Hearing Notices 800 Pieces @ $1.00 Per Piece $800 Miscellaneous Subtotals for Worksheet 2 HRA Reimbursables $1,600 w/ Contract multiplier for Reimbursables = 1.15 $1,840 Total HRA Expenses $1,840 c .0 -19 Cl) ,Q CD 7 Ca o Uv m ym L X W a o N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ei N 0 0 0 0 0 0 0 0 0 0 •O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 s F g e 67 5 N z r Y S F v e N i a e G � N L 4 u " e E 'a T L �ee U � � O a L 0 � N tL y � O O C L q MI ? ? � G C F O F � U � y iC ¢ u C C C v C L C 9 C � € E Y > ° a C V O C O C W O w = e u — p w L• a v m � i• _ L � L i' _ � c ` ,c a N 3 Ur ¢ U p E -0 ` a a en �• T .E 'n O a m e � e a � � .D a U •o d `a Ld y � � e a •� u .0 � i• C •� a i• U u w d C L• o. `�. y f - ,� `oL 1 O Exhibit B - Compensation The Rios Group Fee Schedule/Budget PER SPECIFIED RATE CONTRACT Basic Services Job Classification Engineering Services Approved Rate Schedule Mileage 0.505 Project Manager $ 131.04 25.00 Professional Engineer $ 122.30 0.10 EIT $ 81.54 0.20 Utility Coordinator $ 101.92 0.75 Jr. Utility Coordinator $ 69.89 1.50 CAD Operator $ 72.80 2.00 Construction Inspector $ 87.36 250.00 Jr. Construction Inspector $ 69.89 Admin/Clerical $ 49.50 SUE Tech $ 50.96 Manager - (RPLS) $ 107.00 Survey Tech (RPLS) $ 85.00 Survey Tech $ 70.00 Survey - 2 Man Crew $ 105.00 Survey - 3 Man Crew $ 125.00 Surveying - 1 Man GPS Crew $ 100.00 Surveying - 2 Man GPS Crew $ 120.00 Level B Includin C & D $ 55.00 per ft. Level B Only $ 45.00 per ft. Level C & D Only $ 0.20 per ft. Test Holes 0 ft to 5 ft $ 850.00 each Test Holes 5 ft to 8 ft $ 1,100.00 each Test Holes 8 ft to 13 ft $ 1,400.00 each Test Holes 13 ft to 20 ft $ 2,100.00 each Test Holes Over 20 ft. $ 3,000.00 each Direct Costs K:1LUB_Design\Marketing\Lubbock ThoroughfaresWegotiations\The Rios Group Est_Manhours_Thoroughfare Imprv.xls 5/8/2013 Mileage 0.505 mile Courier Service $ 25.00 each Photocopies B/W (8 X 10) $ 0.10 each Photocopies B/W (I1 X 17) $ 0.20 each Photocopies Color (8 X 10) $ 0.75 each Photocopies Color (11 X 17) $ 1.50 each Mylar (I1 X 17) $ 2.00 sheet Traffic Control $ 250.00 day K:1LUB_Design\Marketing\Lubbock ThoroughfaresWegotiations\The Rios Group Est_Manhours_Thoroughfare Imprv.xls 5/8/2013