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R2021-181 2021-08-23RESOLUTION NO. R2021-181 A Resolution of the City Council of the City of Pearland, Texas, amending a contract for professional services associated with the Intersection Improvement Project (Windward Bay at Broadway; Pearland Parkway at Oak Ridge; and Dixie Farm Road near Long Oak), in the additional amount of $10,000.00 (total amount of 108,900.00), with Kimley-Horn and Associates, Inc. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City previously awarded a contract for professional services associated with the Intersection Improvement Project. Section 2. That the City Council hereby amends the contract with Kimley-Horn and Associates, Inc., in the additional amount of $10,000.00. Section 3. That the City Manager or his designee is hereby authorized to execute an amended professional services contract for the Intersection Improvement Project. PASSED, APPROVED and ADOPTED this the 23rd day of August, A.D., 2021. EVIN COLE MAYOR ST: C"YSTAL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit A Kimley»>Horn April 14, 2021 (Revised) Fatema Weekly Project Manager City of Pearland I Engineering & Capital Projects 2559 Hillhouse Road Pearland, TX 77584 RE: Contract for Professional Services Pearland Intersection Improvements (TR 1803) Purchase Order Number 2019-00000089 Pearland, Texas Amendment No. 4 Dear Ms. Weekly: Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "the Consultant") is pleased to submit this amendment for professional services to the City of Pearland ("the City") for the above referenced project. The following scope of services is an amendment to the Contract for Professional Services executed August 25, 2018. The proposed services will be provided in accordance with the terms and conditions set forth in the above referenced Contract for Professional Services. PROJECT UNDERSTANDING The City requested Kimley-Horn to design a hooded left turn lane at the intersection of Dixie Farm Road and Long Oak Drive. At the request of the City, the hooded left turn lane design will be completed based on aerial imagery and above ground field observations. At the City's direction, the improvement exhibits described in Task 1 below will be prepared without the benefit of an on the ground topographic survey of any kind. Typically, an on the ground topographic survey would be the basis for the layout and design (Task 1 below is not intended to include a full design) of a proposed turn lane. It is likely that field conditions will require revisions to the exhibits that have an impact on both cost and schedule. Through a topographic survey these field conditions would be observed and necessary changes included in the exhibits. City agrees and represents that Kimley-Horn will not be liable in any way for field changes, cost impacts, or schedule impacts due to the limited information provided on which to base the proposed improvement exhibits described below. INFORMATION PROVIDED BY THE CITY The Consultant shall be entitled to rely on the completeness and accuracy of materials of all information provided by the Client or the Client's consultants or representatives in the completion of their services under this amendment. kimley-horn.com 11700 Katy Freeway. Suite 800, Houston, TX 77079 281 597 9300 Kimley»>Horn Page 2 SCOPE OF SERVICES Task 1: Hooded Left Turn Lane on Dixie Farm Road at Long Oak Drive Improvement Exhibits The hooded left turn lane improvement exhibits will be prepared in general accordance with published City of Pearland design standards and specifications and include the following sheets. • Demolition Layout Sheet • Typical Section Layout Sheet showing the proposed pavement and subgrade section, approximate existing edge of concrete, proposed edge of concrete (or curb), approximate existing right-of-way, and travel lanes. Proposed left turn lane pavement section will be based on City design standards. • Roadway Plan Layout Sheet including plan view of the proposed turn lane improvement. Profile and elevation information will not be provided as part of the drawings. The plan will show the existing and proposed horizontal roadway improvements with relative tie-in elevations, existing approximate right-of-way, existing driveways, and visible above- ground drainage structures. Paving plans may include regrading of existing median to match grades of the existing inlets. No drainage analysis, drainage area map, or calculations will be performed. Relocation or adjustment of utilities such as sanitary, water, storm and gas is not included in this design; these would be considered additional services. This layout sheet will be based on available aerial imagery rather than an on the ground survey. It is likely that field conditions may require revisions to the exhibits and these changes could have an impact on both cost and schedule. • Signing and Pavement Marking Layout Sheet • Erosion Control Layout Sheet Deliverables: • 90% Submittal - Three (3) 11 x17" hardcopies of plan set and electronic copy • 100% Submittal- One (1) Signed and sealed 11"x17" hardcopy of plan set and electronic copy • Engineer's opinion of probable construction cost Project Meetings Kimley-Horn will attend up to one meeting with City of Pearland staff. If additional meetings are requested by the City, such effort will be billed to the City at our then current hourly rate in excess of the task budget stated in this proposal. Construction Phase Services Construction phase services will not be completed as part of this task. Construction phase services requested by the City related to the hooded left turn lane will be completed under the Construction Phase Services task of the original Contract for Professional Services. The construction phase services that could be requested may include the following: review of shop drawings, provide on -site construction observations, respond to clarifications and request for information (RFI) by Contractor, review of Change Orders (CO), review of pay applications, provide assistance with Substantial Completion and Final Notice of Acceptability of Work. kimley-horn.com 11700 Katy Freeway, Suite 800, Houston, TX 77079 281 597 9300 Kimley>»Horn Page 3 If additional effort is requested by the City in excess of the hours anticipated for the previously approved Construction Phase Services task, the Client shall provide authorization to Kimley-Horn for the additional services. Kimley-Horn will bill additional services at our then -current hourly rates. SCHEDULE Kimley-Horn anticipates completing Task 1 within three (3) weeks from receiving notice to proceed. Submittal schedule will be based on mutually agreed upon schedule contingent upon City reviews. Times for performance shall be extended as necessary for delays due to circumstances that Kimley- Horn does not control. Kimley-Horn shall not be liable for or be deemed in breach because of delays caused by any factor outside of its reasonable control. FEE AND EXPENSES Kimley-Horn will perform the scope of services under this work authorization as described above for a total lump sum fee of $10,000. All project -related direct expenses are included in these values. The breakdown of fees for each task is detailed below: Task 1- Hooded Left Turn Lane Design on Dixie Farm Road at Long Oak Drive Design Plans Total Labor Fee $10,000 $10,000 (Lump Sum) Lump sum fees will be invoiced monthly upon the percentage of services completed or actual services performed. Payment will be due within 25 days of the date of the invoice. ADDITIONAL SERVICES Any items requested that are not specifically noted in the above scope will be billed as additional services and performed at our then current hourly rates or agreed upon through a separate work authorization. CLOSURE In addition to the matters set forth in this Amendment No. 4, our scope of services shall include and be subject to, and only to, the terms and conditions in the City of Pearland Contract for Professional Services. As used in the Contract for Professional Services, the term "the Consultant" shall refer to Kimley-Horn and Associates, Inc., and the term "the City" shall refer to the City of Pearland. Fees and times stated in this Proposal are valid for sixty (60) days after the date of this Amendment No. 4. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Brandon Guillory, P.E. Senior Vice President Ryan Eurek, P.E Project Manager kimley-horn.com 11700 Katy Freeway, Suite 800, Houston, TX 77079 281 597 9300