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R2024-010 2024-01-22
RESOLUTION NO. R2024-10 A Resolution of the City Council of the City of Pearland, Texas, authorizing a professional service contract with Kimley Horn and Associates, Inc., for engineering services associated with the Hickory Slough Sportsplex Project (Phase 2), in the estimated amount of $1,695,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for professional services associated with the Hickory Slough Sportsplex Project, a copy of which is attached hereto as Exhibit “A” and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for professional services associated with the Hickory Slough Sportsplex Project. PASSED, APPROVED and ADOPTED this the 22nd day of January, A.D., 2024. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 31F0D111-21D5-48EB-B9C6-2842AD149DF8 Design 1 of 7 D2. Revised 04/2019 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Kimley-Horn & Associates, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Hickory Slough Sportsplex Phase II ("PROJECT"). (Project #PK2402) SECTION I - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A.The CONSULTANT shall provide professional services for construction documents, bidding and construction phase services of the Hickory Slough Sportsplex Phase II. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B.The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C.The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D.The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E.The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F.The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors "Exhibit A" DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Design 2 of 7 D2 Revised 04/2019 and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers’ Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers’ Compensation. The CONSULTANT shall agree to waive its Right to Subrogation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits (“Change in Coverage”) except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT’S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Design 3 of 7 D2 Revised 04/2019 SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end June 30, 2026. SECTION III - CONSULTANT'S COMPENSATION A.The total compensation for the services performed shall not exceed the total noted in Section B. B.The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: $1,267,000.001.Basic Services (Lump Sum) 2.Additional Services shall require independent and specific authorization and shall be billed as (Hourly Not to Exceed): 3.Bid Phase Services (Hourly Not to Exceed) 4.Construction Phase Services (Hourly Not to Exceed) 5.Reimbursable Expenses (Not to Exceed) 6.Total: $15,000.00 $72,000.00 $341,000.00 $0.00 $1,695,000.00 C.The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. D.CONSULTANT shall invoice for work performed during the preceding thirty day period (“Billing Period”). The Billing Period shall run from the 26th day to the 25th day of each consecutive month. Invoices shall be submitted to CITY not more frequently than once every 30 days. CONSULTANT shall be responsible for timely submittal of all invoices and CONSULTANT shall not be entitled to payment for invoices in arrears. All invoices shall reflect most recent single Billing Period only and represent the true, correct and accurate account of work performed during the Billing Period. E.For an agreed contract amount identified as “Lump Sum”, Not to Exceed” and “Reimbursable” the CONSULTANT shall not exceed the fixed contractual amount without written authorization in the form of a Contract Amendment. CONSULTANT shall provide 45 days prior notice to the CITY in the event contract fees may exceed the fixed contract amount. CONSULTANT shall be responsible for ensuring that such authorization is complete and executed by all parties DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Design 4 of 7 D2 Revised 04/2019 performing any work or submitting any invoices for work that exceeds the fixed contract amount under any expense category. F. Allowable Reimbursable Expenses CONSULTANT shall identify and include in the proposal any anticipated Reimbursable Expenses, and shall itemize Reimbursable Expenses by work category. Reimbursable Expenses shall be invoiced AT COST without subsequent markup by the CONSULTANT. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per the allowable category. Allowable Reimbursable Expenses include: • Hard copy reproductions, copies and/ or binding costs • Postage • Mileage, for travel from Consultant’s local office (within a 25 mile radius) to meetings at the City or job-site. Mileage shall be charged at the current IRS rates. • Travel expenses, mileage from local office to State or federal regulatory agency office beyond 100 miles. • Lodging expenses, for destinations beyond 100 miles from the Consultant’s local office AND when business hours exceed eight hours within one business day OR requires more than one eight hour day. F.2. Disallowed Expenses Disallowed Expenses include travel expenses for professional expertise traveling into the greater Houston area from Consultant offices outside of the greater Houston area. SECTION IV - THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub- DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Design 5 of 7 D2 Revised 04/2019 consultant(s) or in any way affect the CONSULTANT’S status as an independent contractor of the CITY. SECTION V - TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -- with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 11700 Katy Freeway, Ste 800, Houston, TX 77079. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney’s fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Design 6 of 7 D2 Revised 04/2019 SECTION VI – ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII – COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. ____________________________ CITY OF PEARLAND, TEXAS DATE ____________________________ CONSULTANT DATE 12-21-2023 DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 1/23/2024 | 8:52 AM CST DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 kimley-horn.com 11233 Shadow Creek Parkway, Suite 450, Pearland, TX 77584 281 895 1210 RE: EXHIBIT A - Professional Services Proposal Hickory Slough Sportsplex Phase 2 Date: December 20, 2023 Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “the Consultant”) is pleased to submit this EXHIBIT A to the City of Pearland (“the City”) for providing professional services for the above referenced project. Our project understanding, scope of services, and fee are below. PROJECT UNDERSTANDING It is Kimley-Horn’s understanding that the City intends to enter into a professional services agreement with the Consultant for construction documents, bidding and construction phase services of the Hickory Slough Sportsplex Phase 2 (“the Site”) improvements. Phase 2 design is comprised of: • 6 multipurpose fields (with a composition of 3 synthetic turf, 3 natural turf) serving soccer, lacrosse, and flag football in the Phase 2 area; • parking (assumes parking area shown on north side of Phase 2 and Additional Parking Area located in the area between the proposed Phase II fields and Max Road); • lighting (existing fields #4-#6 and all proposed fields, and new parking); • utilities; • playground; • sidewalk circulation; • picnic area; • restroom building expansion (+/- 500 additional SF, adding no more than 5 men’s and 5 women’s restrooms) • concessions building expansion (+/- 500 additional SF) - Concessions Building will be designed for warming of food only (no cooking equipment anticipated); • a pre engineered maintenance building (40’x60’) and yard from Hughes Ranch Road (drive to be integrated with the lift station drive) - The Maintenance building is assumed to include unconditioned garage space, and conditioned office space to include an office, kitchenette, eating area for 8-10 people, locker room and single restroom; • This scope of work includes work within the Phase 1 area limited to: evaluation of the existing Phase 1 trees to be replaced, and sidewalk connectivity to Phase 2. Scope of work and project understanding is based on the Halff Associates, Inc PER ‘Site Plan’ dated February 16, 2023 shown below. It is assumed the City will engage and contract directly with their preferred vendor to provide low voltage and IT system. The Consultant will coordinate with the vendor and provide design of conduit, locations of devices, and electrical power only. Based on Kimley-Horn’s conversation with the City on May 22, 2023, it is the Consultant’s understanding that the City is beginning work with RPS for the 95 acre feet of detention (total 248 acre feet) expansion within the park Site (a 2019 Bond project) to mitigate extreme weather events that have historically flooded the area. It is RPS’s understanding the detention pond basin floor is designed DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Page 2 kimley-horn.com 11223 Shadow Creek Parkway, Suite 450, Pearland, TX 77584 281 895 1210 to match the existing layout for the initially anticipated future construction of up to 6 sports fields (2 multipurpose and 4 soccer), expanded parking area, back slope swales and drains, and natural grass for erosion control. The detention scope will be outside of the scope of this project. It is the City’s desire for Kimley-Horn to coordinate with RPS to provide guidance and recommendations in preparation for the future sportsplex improvements within the detention pond as it relates to grading and drainage. The intent of this effort is to complete the design phase and construct the sportsplex concurrent with the detention pond. It is our understanding RPS’s bid set and Kimley-Horn’s bid set will be bid as one package. It is assumed the synthetic turf, sports lighting, and pre engineered maintenance building will be purchased separately by the City via Buy Board (or similar) purchasing agreement, and not included in the bid package. It is Kimley-Horn’s understanding no survey will be available until RPS design is complete. Therefore, Kimley-Horn will utilize RPS’ working base files and the Phase 1 Record Drawings. RPS will provide property boundary. The City acknowledges the risk of unknowns that may be encountered as a result during the construction phase due to unknown below grade conditions. The Consultant will be responsible for requesting any additional information required. It is Kimley-Horn’s understanding City staff will submit each deliverable for permitting review and distribute comments to the Consultant. No additional effort is anticipated for coordination, review, and approval. DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Page 3 kimley-horn.com 11223 Shadow Creek Parkway, Suite 450, Pearland, TX 77584 281 895 1210 SITE PLAN INFORMATION PROVIDED BY THE CITY The City shall provide the following information requested by the Consultant at the beginning of the project: • Staff observations of best practices and lessons learned from the Sienna Plantation project to include in this project; • Staff observations of existing conditions to be improved upon, opportunities and constraints related to the Phase 1 Site to consider adding to the design; • Revisions to the site plan and stakeholder feedback based on the previously prepared PER performed by Halff dated February 16, 2023; • Copies of all plans and surveys previously prepared for the project area in both sealed PDF and CAD format; • Copies of plans prepared by RPS for the project area in both PDF and CAD format; • Supplemental Geotechnical Report for the sportsplex improvements; • Current title commitment; DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Page 4 kimley-horn.com 11223 Shadow Creek Parkway, Suite 450, Pearland, TX 77584 281 895 1210 • City standard general notes and details; • Access to the Site. The Consultant is responsible for identifying information needed from the City. The Consultant shall be entitled to rely on the completeness and accuracy of materials supplied by the City in the completion of these services. If additional information is necessary, the Consultant is responsible for requesting it. SCOPE OF SERVICES Upon approval of this proposal, Consultant will commence the following tasks: Task 1.1 – Project Management The Consultant will perform the following services: A. Data Collection a. Consultant will work with the City Project Manager to collect the following available data: the above listed ‘Information provided by City,’ Record Drawings, existing plans / policies/ standards, and information regarding facilities, roadway and public improvements both existing and proposed. B. Project Management a. Coordination with the City Project Manager. Coordination will include email correspondence and phone calls. b. Communicate project status with the City with the monthly invoice and with weekly project status updates. It is assumed the project will last 12 months. C. RPS Coordination a. Consultant will work with RPS to collect the following available data: base files, plans, and information regarding facilities and improvements both existing and proposed. b. It is understood that RPS will be providing detention design and floodplain mitigation for the project. Consultant will provide RPS with CAD files and plans for coordination purposes. It is understood that drainage analysis and design being performed by RPS will satisfy the detention and floodplain requirements for the project and that no additional detention of floodplain mitigation studies or design will be required by the Consultant. c. Consultant will prepare feedback for RPS deliverables and attend corresponding virtual review meetings at the below listed milestones. Additional coordination outside of the below identified meetings will be billed to Task 1.2 On Call Support. The Consultant will review and prepare feedback of RPS Submittals at these times: i. RPS 60% Submittal completion – Concurrent with KH 30% start ii. KH 30% completion – Concurrent with RPS 90% start iii. RPS 90% Submittal completion – Concurrent with KH 60% start iv. KH 60% Submittal completion – Concurrent with RPS 100% Submittal start v. RPS 100% Completion – Concurrent with KH 90% Submittal start vi. KH 100% Submittal completion D. Agronomist Coordination a. Through a subconsultant, Jeffrey L Bruce and Company, LLC, the Consultant will evaluate existing soils for the natural turf field areas, develop a soil amendment specification, and coordination best practice and material sourcing related to the topsoil. DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Page 5 kimley-horn.com 11223 Shadow Creek Parkway, Suite 450, Pearland, TX 77584 281 895 1210 Task 1.2 – Project Coordination with RPS This task in intended to capture effort expended by Consultant on tasks that are requested by the City or RPS, including providing feedback on submittals outside of the milestone meetings identified in Task 1, Coordination with the RPS and City Project Manager including email correspondence, phone calls and meetings. Because the extent of our effort for this task is unknown at this time, we have projected our effort at 50 hours. Consultant will not exceed the total maximum labor fee shown without authorization from the City. Task 2.1 – Geotechnical Report The Consultant will engage a geotechnical sub-consultant (Riner Engineering, LLC or Sub-Consultant) to perform geotechnical investigations for the project. Sub-consultant will access bore locations with a hand auger or truck mounted drill rig, and assume that bore locations are not covered by concrete and do not require vegetation clearing. Clearing for boring access is included in Task 2.2. Sub-consultant will contact TX811 to locate public underground utilities prior to drilling. Private utility locator service is included in Task 2.3. Field Investigation The proposed geotechnical field investigation includes: Number of Borings Depth of Boring (feet) Location 3 20 In the area of proposed parking lot 1 20 In the area of the proposed maintenance building 6 20 In the area of synthetic turf fields 2 20 In the area of restroom and concession building expansion Sub-consultant field personnel will drill the borings, obtain cohesive and non-cohesive soil samples with three-inch diameter Shelby tube samplers (ASTM D-1587) and two-inch diameter standard split-spoon samplers (ASTM D-1586), respectively. An engineering geologist or soils technician will extrude samples in the field, check the samples for consistency with a hand penetrometer, wrap to preserve condition, and return to the laboratory for testing. Sub-consultant will prepare a log of each boring to document field activities and results. Sub- consultant will stake the boring locations using normal taping procedures. Locations will be shown on the boring plan exhibit. At completion of drilling operations, sub-consultant will backfill and plug bore hole with soil cuttings. Laboratory Investigation Sub-consultant will perform laboratory tests on bore samples required for classification purposes, to determine strength characteristics, and to evaluate both the short- and long-term deformation and swell properties of the material. Testing, in accordance with standard procedures, will include moisture content, soil identification, liquid and plastic limit determinations, strength tests on soil, and unit weight determinations. The specific types and quantities of tests will be determined based on soil conditions encountered in the borings. Geotechnical Engineering Report Sub-consultant will prepare a geotechnical engineering report, sealed by a professional engineer, which will present the results of the field and laboratory data together with analysis of the results and DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Page 6 kimley-horn.com 11223 Shadow Creek Parkway, Suite 450, Pearland, TX 77584 281 895 1210 recommendations. Sub-consultant will provide a digitally signed and sealed report in electronic (Adobe PDF) format. The report will address: • soil and groundwater conditions encountered at the boring locations; • foundation design recommendations including foundation type, identification of bearing strata, allowable bearing pressure, and estimated settlement; • drilled footings for light pole structures; • recommendations for floor slab support, including evaluation of swell characteristics of subgrade soils; • recommendations for horizontal and lateral earth pressures related to buried and retaining structures; • paving recommendations; • earthwork recommendations, including material and compaction requirements; and • construction considerations related to soil and groundwater conditions at the borings. Task 2.2 – Clearing for Boring Access The site may require clearing for boring access depending on the final boring locations. If need for access and requested by the City, a third party clearing service can be called in by the subconsultant geotechnical engineer to clear the vegetation in the boring locations prior to drilling work. This task assumes 1 day of clearing work. Assuming the site conditions are relatively dry and required clearing can be performed with the use of a bulldozer. No haul off of debris is included. Task 2.3 – Private Utility Locator Fee If requested by the City, a third party private utility locator can be called in by the subconsultant geotechnical engineer to clear the boring locations prior to drilling work. It is not a guarantee that all utilities within the site will be identified. Private utility locator services can identify utility alignments that incorporate significant iron (ferrous) content in the conduit materials. But private utility locator conventional methods have a higher likelihood of not accurately identify non-ferrous utilities (such as sewer lines, copper or PVC lines, fiber optic lines, or sprinkler lines etc.). Task 3.0 – Preliminary Design (30% Submittal) The Consultant will prepare a preliminary layout for the Site. The plans will illustrate the general scope, scale, theme, and relationship of various design components. Through a sub-consultant, Project Luong Architects, LLC, herein referred to as "Architect,” the Architect will work with the City to define the overall program of the expanded restrooms and concession area. This includes identifying the total number of restrooms that may be provided within the allocated footprint and the restrictions due to ADA that may limit the total restroom expansion within the provided budget. The Architect will work with the City to identify the HVAC requirements (if needed), existing equipment provided within the existing concessions building, what new equipment may be required by the users, identify whether conditioning of the expanded concession building is possible, and confirm with the Consultant that the existing electrical and water infrastructure provided is sufficient to handle the expanded utility demand. DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Page 7 kimley-horn.com 11223 Shadow Creek Parkway, Suite 450, Pearland, TX 77584 281 895 1210 The Architect will provide a conceptual layout of the proposed maintenance building and work with the City to define the program of the building. The Architect will base the proposed program on the Shadow Creek Maintenance Facility. The Architect will develop conceptual elevations with material selections that are complimentary to the existing building design for the concession and restroom expansion. Conceptual elevations will also be provided for the pre-engineered metal building Maintenance facility. The Consultant will prepare an Opinion of Probable Construction Costs (Task 4.2). It is assumed direction to proceed with or without the conditioning of the buildings will be determined at this time before proceeding with Task 4.1 Construction Documents. It is understood that minor revisions will be incorporated into the construction documents without additional revisions this task. Meetings: A. Up to one (1) in person kick-off meeting with the City to discuss project scope and schedule. B. Up to one (1) pre development meeting with City staff to discuss project requirements. C. Up to one (1) in person meeting with the City to discuss review comments related to preliminary design. Deliverables: A. Up to one (1) set of color renderings of the proposed Restroom and Concession Expansion and the Maintenance Building in an electronic (PDF). B. An electronic (PDF) of the 30% Submittal. Task 4.1 – Construction Documents Upon City approval of Preliminary Design (Task 3.0), and 30% budget (Task 4.2), the Consultant will develop the construction document package for the project. The development of the construction document package consists of the following: A. Cover Sheet B. Index C. General Notes The Consultant will prepare general construction notes and specifications for the project in addition to the City’s standard general notes (provided by the City). D. Plan Sheets The Construction documents package will include the plan sheets for the scope of work described. The design for the sheets will be created as part of the design tasks in this scope. This effort is for the creation of the sheets to communicate the design intent and illustrate the design to the contractor for construction. a. Key Map b. Existing Conditions/Demolition Plan c. Erosion Control Plan and SWPPP d. Dimension Control and Paving Plan e. Hardscape Plan f. Grading Plan g. Utility Plan h. Drainage Plan and Drainage Area Map i. Landscape Plan j. Irrigation Plan – through a subconsultant, Seth Heidman Irrigation Design and Consulting, LLC k. Synthetic Turf and Natural Turf Fields: DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Page 8 kimley-horn.com 11223 Shadow Creek Parkway, Suite 450, Pearland, TX 77584 281 895 1210 i. Layout Plan ii. Striping Plan iii. Grading Plan iv. Drainage Plan v. Fields Equipment FFE Plans l. Site Lighting Plan – Parking and sports lighting m. Site Structural Details – limited to foundations for goal post (1), fencing (1), prefabricated shade structure (1), light poles (1), signage (1), and seat wall (1). n. Building Plans – including Architectural, Structural and MEP through a subconsultant, Project Luong Architects, LLC o. Additional Parking Area - The Consultant will prepare Construction Documents as for the additional parking to be located in the area between the proposed Phase II fields and Max Road. E. Details The Consultant will include detail sheets showing elements included in the Plan Sheets, consisting of details, sections, and elevation views. Certain submittals, shop drawings, samples, cut sheets and mockups will be listed for approval. F. Project Manual The Consultant will prepare a bid form and technical specifications to be included in the project manual as part of this task and provide the bid form to the City to be included with the project manual. The City will provide the City’s preferred front-end documents and procurement language to the Consultant to be included in the project manual. Kimley- Horn will compile the technical specifications, the bid form, and the City’s front-end contract documents into the project manual for the project bid. The Consultant will provide the project manual as part of the 90% and 100% submittals to the City. G. Revise per City Comment The Consultant will respond to the 60% comments by incorporation into the 90% deliverable, and respond to 90% comments by incorporation into the 100% deliverable. It is understood that one (1) round of minor revisions will be incorporated into 100% deliverable without additional review. A comment response letter will be provided with each subsequent deliverable. Resubmission of plans at each deliverable is not part of this agreement. H. Opinion of Probable Construction Costs for each deliverable will be prepared as outlined in Task 4.2 below. Effort for this is not included in this task. Meetings: A. Up to one (1) in person meeting with the City to discuss review comments related to the 60% Plans. B. Up to one (1) in person meeting with the City to discuss review comments related to the 90% Plans. C. Up to one (1) in person meeting with the TRC to review the 100% Plans. D. Up to five (5) virtual meetings with the City to as needed. Deliverables: A. Up to Five 24”x36” copies of the 100% Submittal including Items A through E noted above. This includes for the 100% submittal, one (1) copy is intended for City use and one (1) copy is a courtesy copy for the Contractor. B. An electronic (PDF) of the 60%, 90%, and 100% Construction Plans. C. An electronic (PDF) of the 90%, and 100% Technical Specifications and Bid Form (Item F). D. An electronic (PDF) comment response letter following the 60%, 90%, and 100% submittals (Item H). DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Page 9 kimley-horn.com 11223 Shadow Creek Parkway, Suite 450, Pearland, TX 77584 281 895 1210 Task 4.2 – Opinion of Probable Construction Costs (OPCC) The Consultant will prepare an opinion of probable construction cost (OPCC) to be included in the 30%, 60%, 90%, and 100% submittals in PDF format for review by the City to provide design direction during the development of the Construction Documents. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids, or actual costs will not vary from its cost estimates. Task 4.3 – Wayfinding Signage Program The Consultant will prepare a sign program for the park, including: • Evaluate the City's brand elements, project goals, architectural elements and materials in order to develop an appropriate design aesthetic. • Prepare up to two (2) initial design concepts for the wayfinding signage outlined, including proposed prefabricated structure, graphic compositions, type styles, colors and scale to the environment. This will be limited to sign types for the following wayfinding features: o Field numbers o Rule sign o Up to one additional to be determined sign • Present the initial design concepts to the City, in the form of color elevation design intent drawings. • Incorporate up to one (1) sets of City review comments in order to obtain final City approval of the visual design direction. • Attend one (1) final meeting with the City to present the final visual design direction. City to select one (1) concept to proceed with into construction documents. It is the Consultant’s understanding the City will use the prepared graphics (.psd and .jpeg of each sign) to order prefabricated sign structures and no additional construction documents are needed. Consultant will locate signs in the Construction Documents package (Task 4.1). Task 5.0 – Bidding Phase Services The Consultant will provide bid phase services to the City during bidding of this project. Project assumes up to one (1) bid package to a single general contractor. Should the need for additional bid packages, or should the City engage multiple contractors for the project, it will be considered an additional services. The budgeted fees are based upon approximately two hundred fifteen (215) hours of effort. Any additional effort beyond the specified amount will be billed according to the current Kimley-Horn rates, as authorized by the City or its representatives. Consultant will provide the following professional services under this task: A. Attend up to one (1) in person pre-bid meeting. B. Provide clarifications related to documents during the solicitation period as requested by the City and review responses with City. DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Page 10 kimley-horn.com 11223 Shadow Creek Parkway, Suite 450, Pearland, TX 77584 281 895 1210 C. Issue City approved addenda of Construction Plans and Technical Specifications after the pre- bid meeting to clarify design intent. D. Attend up to one (1) in person bid-opening meeting. Issue up to one (1) set of Conformance Documents for construction. E. Tabulate the bids received and evaluate the compliance of the bids received with the bidding documents. F. Participate in up to one (1) virtual meeting for review of bids. G. Prepare a written summary of the tabulation and evaluation for award recommendation. During the Bidding Phase, the City will perform the following tasks: A. Upload all plans and contract documents onto Civcast (or similar website) for access to potential bidders. Contract documents shall be uploaded in .pdf files. B. Receive questions from prospective contractors and coordinate with the Consultant and City staff to respond to Contractor questions. Issue addenda as necessary to clarify design intent. C. Hold the pre-bid meeting. D. Hold bid opening. Task 6.0 – Construction Phase Services The Consultant will provide up to one thousand twenty (1,020) hours of professional construction phase services as specifically stated below: A. Pre-Construction Conference: Consultant will attend the Pre-Construction Conference prior to commencement of Work at the Site as requested by the City. B. Project Meetings: Consultant will attend biweekly construction meetings. It is assumed active construction will be up to 7 months long with every other meeting virtual (assumes up to seven (7) in person and seven (7) virtual meetings). C. Visits to Site and Observation of Construction: Consultant will provide on-site construction observation services during the construction phase. Consultant will make visits at intervals as directed by City in order to observe the progress of the Work. Such visits and observations by Consultant 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 Consultant’s exercise of professional judgment. Based on information obtained during such visits and such observations, Consultant will evaluate whether Contractor’s work is generally proceeding in accordance with the Contract Documents, and Consultant will keep City informed of the general progress of the Work. The purpose of Consultant’s site visits will be to enable Consultant to better carry out the duties and responsibilities specifically assigned in this Agreement to Consultant, and to provide City a greater degree of confidence that the completed Work will conform in general to the Contract Documents. Consultant 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 Consultant 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, Consultant 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. DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Page 11 kimley-horn.com 11223 Shadow Creek Parkway, Suite 450, Pearland, TX 77584 281 895 1210 D. Recommendations with Respect to Defective Work: Consultant will recommend to City that Contractor’s work be disapproved and rejected while it is in progress if, on the basis of such observations, Consultant believes that such work will not produce a completed Project that conforms generally to Contract Documents. E. Clarifications and Interpretations: Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to City as appropriate to the orderly completion of Contractor’s work. Any orders authorizing variations from the Contract Documents will be made by City. F. Change Orders: Consultant may recommend Change Orders to City, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. G. Shop Drawings and Samples: Consultant 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. H. Final Notice of Acceptability of the Work: Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Consultant may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Consultant shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Consultant’s knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant upon which it is entitled to rely. I. 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. J. Record Drawings: Based upon contractor provided field notes, construction records, and as- built drawings, Kimley-Horn will prepare the required project record drawings for submittal to the City. K. TDLR As part of the Services provided, the Consultant shall obtain the Notice of Substantial Compliance for the Project from the Texas Department of Licensing and Regulation (“TDLR”). a. Submission of Construction Documents to TDLR – The Consultant shall mail, ship, or hand-deliver the Construction Documents to TDLR not later than five (5) calendar days after the Consultant issues the Construction Documents for the Project. b. Completion of Registration Form to TDLR – The Consultant shall complete an Elimination of Barriers Project Registration Form (“Form”) for each subject building or facility within the Scope of the Project, and submit the registration form(s) along with the applicable fees not later than fourteen (14) calendar days after the Consultant completes the submittal of the Construction Documents to TDLR. c. TDLR Approval of Construction Documents – After review of the Construction Documents by TDLR, The Consultant shall be notified in writing of the results; however, it is Consultant’s responsibility to obtain TDLR’s written comments. The Consultant shall address all comments that prevent TDLR approval of the Construction Documents, including comments relating to conditional approval that must be addressed in the design and construction of the Project. The Consultant shall resubmit Construction Documents to TDLR for review prior to the completion of construction of the Project. d. TDLR Project Inspection – The Consultant shall request an inspection from TDLR or a TDLR locally approved RAS no later than thirty (30) calendar days after the completion DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Page 12 kimley-horn.com 11223 Shadow Creek Parkway, Suite 450, Pearland, TX 77584 281 895 1210 of construction of the Project. The Consultant shall advise City in writing of the results of each Project inspection. City reserves the right to verify the written results with TDLR at any time during design, construction, or at the completion of the Project. e. Corrective Modifications following TDLR Project Inspection – When corrective modifications to achieve substantial compliance are required, the TDLR inspector or the RAS shall provide the Consultant a list of deficiencies and a deadline for completing the modifications. The Consultant shall provide City with this list within five (5) calendar days of receipt. It is the sole responsibility of Consultant to completely address the deficiencies by the stated deadline or to obtain a written notice of extension from the TDLR. When the corrective measures have been completed, the Consultant shall provide the TDLR (and/or the RAS who completed the inspection) and City with written verification of the corrective measures completed. L. Warranty Period Review: Consultant will provide 1 site observation that is coordinated with the end of the subject one year warranty period. As a follow-up to this site visit, a summary memorandum will be provided. The City will provide the following items during the construction phase services: A. Pre-Construction Conference. The City will hold a Pre-Construction Conference prior to commencement of Work at the Site. The City will coordinate the date, time, and location of the pre-construction conference with the Consultant and the Contractor. B. Inspections and Testing. DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Page 13 kimley-horn.com 11223 Shadow Creek Parkway, Suite 450, Pearland, TX 77584 281 895 1210 ADDITIONAL SERVICES Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Such additional services shall include but are not limited to the following: A. Additional renderings and 3D modeling B. Additional meetings C. Additional effort based on an extended project schedule D. Topographic Survey E. Public Involvement F. Stakeholder Engagement G. Traffic Impact or Drainage Studies H. Lift Station/Pump Design I. SWPPP Construction Binder J. Easement Encroachment Agreements or Relocations K. Off Site Improvements L. Low Voltage (access control, camera, and IT connectivity) M. Archaeological or Environmental Permitting / Studies N. Submittal and Permitting Fees O. Additional color renderings and graphics P. Additional bid packages Q. Revisions due to changes in regulations R. Revisions to Documents after design approval other than clarifications S. Additional work due to an increase in project cost more than $15 million SCHEDULE The Consultant will work to prepare a mutually agreed upon schedule with the City. We are reliant on the work and timely delivery of work provided by RPS and City staff. DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Page 14 kimley-horn.com 11223 Shadow Creek Parkway, Suite 450, Pearland, TX 77584 281 895 1210 FEE AND EXPENSES Kimley-Horn will perform the tasks noted below on a lump sum (LS) and hourly not to exceed (HR) basis. The services in this agreement will be billed as follows. PROFESSIONAL SERVICES Task 1.1 Project Management $ 82,000 LS Task 1.2 Project Coordination with RPS $ 15,000 HR Task 2.1 Geotechnical Investigation $ 15,000 LS Task 2.2 Clearing for Boring Access $ 4,000 LS Task 2.3 Private Utility Locator Fee $ 4,000 LS Task 3.0 Preliminary Design $ 52,000 LS Task 4.1 Construction Documents $ 1,059,000 LS Task 4.2 Opinion of Probable Construction Costs $ 21,000 LS Task 4.3 Wayfinding Signage Program $ 30,000 LS Task 5.0 Bid Phase Services $ 72,000 HR Task 6.0 Construction Phase Services $ 341,000 HR Estimated Subtotal $ 1,695,000 For all tasks, direct reimbursable expenses (such as delivery services, air travel, long distance mileage, in-house plot reproduction, and other direct expenses) will be billed at cost up to the amount indicated above. Sub fees will be invoiced at 1.10 times the expense. Fees will be invoiced monthly based upon the percentage of services performed as of the invoice date. Payment will be due within 30 days of your receipt of the invoice. CLOSURE In addition to the matters set forth in this EXHIBIT A, 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 EXHIBIT A. Attached: Exhibit B Level of Effort Exhibit C Schedule DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Page 15 kimley-horn.com 11223 Shadow Creek Parkway, Suite 450, Pearland, TX 77584 281 895 1210 STANDARD RATE SCHEDULE (Hourly Rate) Classification Rate Analyst $160 - $245 Professional $230 - $295 Senior Professional I $255 - $350 Senior Professional II $335 - $370 Senior Technical Support $155 - $280 Support Staff $110 - $145 Technical Support $125 - $150 Effective December 31, 2023 Subject to adjustment thereafter DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 EXHIBIT B Hickory Slough Sportsplex Ph 2 LEVEL OF EFFORT SUMMARY Project Name: Date Prepared:12/20/2023 Estimated By:Kristina Malek, P.L.A. Kimley-Horn Rounded Subtask ID Kimley-Horn Task Name Labor Sub Fee Expenses Task Total Task Total Number Subtask Name/Description Total (Nearest $100) Hourly Rates Only $315.00 $350.00 $315.00 $275.00 $275.00 $230.00 $230.00 $200.00 1.1 Project Management Data Collection 5 5 5 10 4,422$ 4,422$ Project Management (assumes 12 months) 10 10 100 60 25 20 43,595$ 43,595$ RPS Group: Data Collection 20 5 10 30 11,507$ 11,507$ RPS Group: Prepare Feedback (3 deliverables) 15 3 8 24 8,739$ 8,739$ RPS Group: Review Meetings (6 meetings)7 7 8 8 4 4 4 8,806$ 8,806$ Agronomist and Coordination 2 1 5 10 2 3,263$ $1,650 4,913$ Subtotal (Hours)57 19 122 96 4 103 4 22 Task Total (Dollars) $14,130 $6,116 $26,633 $15,629 $681 $13,148 $577 $3,419 $80,333 $1,650 $0 $81,983 $82,000 1.2 Project Coordination with RPS As Needed 10 5 20 15 15,325$ $100 15,425$ -$ -$ Subtotal (Hours)10 5 20 15 0 0 0 0 Task Total (Dollars) $3,150 $1,750 $6,300 $4,125 $0 $0 $0 $0 $15,325 $0 $100 $15,425 $15,000 2.1 Geotechnical Investigation Coordination 2 5 5 2 2,200$ 2,200$ Subconsultant Fee -$ 12,955.80$ 12,956$ -$ -$ Subtotal (Hours)0 0 2 5 0 5 0 2 Task Total (Dollars) $0 $0 $437 $814 $0 $638 $0 $311 $2,200 $12,956 $0 $15,155 $15,000 2.2 Clearing for boring access Coordination 5 1 969$ 969$ Subconsultant Coordination -$ $2,860 2,860$ Subtotal (Hours)0 0 0 5 0 0 0 1 Task Total (Dollars) $0 $0 $0 $814 $0 $0 $0 $155 $969 $2,860 $0 $3,829 $4,000 2.3 Private Utility Locator Fee Coordination 2 5 5 2 2,200$ 2,200$ Subconsultant Coordination -$ $1,485 1,485$ Subtotal (Hours)0 0 2 5 0 5 0 2 Task Total (Dollars) $0 $0 $437 $814 $0 $638 $0 $311 $2,200 $1,485 $0 $3,685 $4,000 3.0 Preliminary Design Kickoff Meeting 4 4 4 4 3,804$ $600 4,404$ Design 20 10 20 50 40 85 20 41,227$ 41,227$ Review Meeting 4 4 4 4 3,804$ $100 3,904$ Pre Development Meeting 2 2 2 2 2 2,213$ $100 2,313$ -$ -$ Subtotal (Hours)30 20 30 60 40 85 20 2 Task Total (Dollars) $7,437 $6,438 $6,549 $9,768 $6,808 $10,850 $2,886 $311 $51,047 $0 $800 $51,847 $52,000 Hickory Slough Sportsplex Ph 2 Scope TotalExpensesDirect Labor (Person-Hours) Analyst Support Staff Senior Tech. Support Senior Prof. Engineer Senior Prof. LA 2 Prof. LA Prof. Engineer Senior Prof. LA BASE SCOPE LEVEL OF EFFORT Printed on 12/20/2023 at 1:56 PM Page 1 of 3 DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 EXHIBIT B Hickory Slough Sportsplex Ph 2 LEVEL OF EFFORT SUMMARY Project Name: Date Prepared:12/20/2023 Estimated By:Kristina Malek, P.L.A. Kimley-Horn Rounded Subtask ID Kimley-Horn Task Name Labor Sub Fee Expenses Task Total Task Total Number Subtask Name/Description Total (Nearest $100) Hickory Slough Sportsplex Ph 2 Scope TotalExpensesDirect Labor (Person-Hours) Analyst Support Staff Senior Tech. Support Senior Prof. Engineer Senior Prof. LA 2 Prof. LA Prof. Engineer Senior Prof. LA 4.1 Construction Documents Cover Sheet / Index / General Notes 1 2 5 1,182$ 1,182$ Key Map 1 1 2 636$ 636$ Existing Conditions / Demolition Plan 5 5 10 20 10 40 14,412$ 14,412$ Erosion Control Plan and SWPPP 5 5 10 20 10 40 14,412$ 14,412$ Dimension Control and Paving Plan 10 5 20 30 10 60 21,867$ 21,867$ Hardscape Plan 30 55 110 29,545$ 29,545$ Grading Plan 10 10 20 120 80 100 52,984$ 52,984$ Utility Plan 10 10 10 30 20 80 25,493$ 25,493$ Drainage Plan and Drainage Area Map 10 10 10 80 20 100 36,889$ 36,889$ Landscape Plan - Phase 2 20 40 80 21,090$ 21,090$ Landscape Plans - Phase 1 2 5 20 3,804$ 3,804$ Irrigation Plan 10 10 20 6,364$ $8,140 14,504$ Field Layout Plans 40 60 90 100 53,391$ 53,391$ Field Striping Plans 40 60 90 100 53,391$ 53,391$ Field Grading Plans 5 40 60 95 20 100 40 64,621$ 64,621$ Field Drainage Plans 5 40 60 95 20 100 40 64,621$ 64,621$ Field Equipment Plans 10 60 40 50 29,212$ 29,212$ Field Details 65 20 75 100 50,265$ 50,265$ Site Lighting Plans 20 30 40 20 100 100 50,098$ 50,098$ Site Structual Details 15 40 30 14,356$ 14,356$ Site Details 10 10 20 50 50 100 100 53,909$ 53,909$ Building Plans 5 10 15 15 5 11,063$ $173,250 $15,000 199,313$ Additional Parking Lot Area 20 25 30 50 50 100 44,622$ 44,622$ Project Manual (90% and 100% deliverables)10 5 20 50 20 60 10 29,212$ 29,212$ QA/QC (60%, 90% & 100% deliverables)20 20 40 40 20 20 32,597$ 32,597$ City Comments (60% Plans)10 10 25 30 30 40 40 32,024$ $100 32,124$ City Comments (90% Plans)10 10 10 20 20 30 30 22,700$ $100 22,800$ City Comments (100% Plans)2 2 5 10 10 20 20 11,000$ $500 11,500$ Meetings (8 - 3 in person, 5 virtual) 12 12 12 12 8 8 8 14,948$ $1,100 16,048$ -$ -$ Subtotal (Hours)174 334 631 960 623 1395 898 15 Task Total (Dollars) $43,135 $107,515 $137,747 $156,288 $106,035 $178,072 $129,581 $2,331 $860,703 $181,390 $16,800 $1,058,893 $1,059,000 4.2 Opinion of Probable Construction Costs No Sub fee 30% OPCC 1 1 1 5 5 10 5 4,451$ 4,451$ 60% OPCC 2 2 2 10 10 20 10 8,902$ 8,902$ 90% OPCC 1 1 1 3 3 10 10 4,507$ 4,507$ 100% OPCC 1 1 1 2 2 10 5 3,452$ 3,452$ Subtotal (Hours)5 5 5 20 20 50 30 0 Task Total (Dollars) $1,240 $1,610 $1,092 $3,256 $3,404 $6,383 $4,329 $0 $21,312 $0 $0 $21,312 $21,000 4.3 Wayfinding Signage No Sub fee Site Visit and evaluate brand elements 2 5 10 4,575$ 4,575$ Prepare 2 concepts 5 10 35 12,950$ 12,950$ Printed on 12/20/2023 at 1:56 PM Page 2 of 3 DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 EXHIBIT B Hickory Slough Sportsplex Ph 2 LEVEL OF EFFORT SUMMARY Project Name: Date Prepared:12/20/2023 Estimated By:Kristina Malek, P.L.A. Kimley-Horn Rounded Subtask ID Kimley-Horn Task Name Labor Sub Fee Expenses Task Total Task Total Number Subtask Name/Description Total (Nearest $100) Hickory Slough Sportsplex Ph 2 Scope TotalExpensesDirect Labor (Person-Hours) Analyst Support Staff Senior Tech. Support Senior Prof. Engineer Senior Prof. LA 2 Prof. LA Prof. Engineer Senior Prof. LA Presentation Meeting (1 in person) 2 5 2 2,735$ 2,735$ Address City Comments 2 5 20 6,875$ 6,875$ Final Presentation Meeting (1 in person) 2 5 2 2,735$ 2,735$ -$ -$ Subtotal (Hours)0 13 30 0 0 69 0 0 Task Total (Dollars) $0 $4,550 $9,450 $0 $0 $15,870 $0 $0 $29,870 $0 $0 $29,870 $30,000 5.0 Bidding Phase Services Pre-Bid Meeting 2 2 5 5 2 4,830$ $100 4,930$ Answer Questions during Bid 5 5 10 10 9,225$ 9,225$ Issue Addenda 10 10 20 20 20 20 20 33,150$ 33,150$ Maintain list of Bidders 5 5 2,525$ 2,525$ Bid Opening / Bid Review 2 2 5 2 2 4,005$ $100 4,105$ Bid Tabulation 1 2 2 1,325$ 1,325$ Award Recommendation 2 630$ 630$ Subconsultants Coordination and Fee - Architect 10 10 5,900$ $10,500 16,400$ -$ -$ Subtotal (Hours)19 19 53 54 24 27 20 0 Task Total (Dollars) $5,985 $6,650 $16,695 $14,850 $6,600 $6,210 $4,600 $0 $61,590 $10,500 $200 $72,290 $72,000 6.0 Construction Phase Services Pre Con Meeting 2 2 1,180$ $100 1,280$ Biweekly Construction Meetings (7 months: 7 in person, 7 virtual)10 8 40 30 26,800$ $1,000 27,800$ Site Visits 13 10 20 33 10 10 28,020$ $1,500 29,520$ RFIs 20 20 22 32 35 20 43,255$ 43,255$ Submittals / Shop Drawings 20 50 10 50 20 60 60,000$ 60,000$ Change Orders 10 10 20 20 10 20 25,800$ 25,800$ Punchlist and Report 22 20 12 22 25 10 32,935$ $600 33,535$ Record Drawings 15 10 22 22 45 60 47,380$ 47,380$ TDLR Coordination and Revisions 2 5 20 40 2 17,105$ $2,079 19,184$ Subconsultants Coordination and Fee - Irrigation 2 5 2 2,405$ $2,420 4,825$ Subconsultants Coordination and Fee - Architect 10 10 2 6,300$ $42,000 48,300$ Subtotal (Hours)110 128 162 231 165 220 0 6 Task Total (Dollars) $34,650 $44,800 $51,030 $63,525 $45,375 $50,600 $0 $1,200 $291,180 $46,499 $3,200 $340,879 $341,000 Labor Total $1,416,729 $257,340 $21,100 $1,695,168 $1,695,000 Total Basic Services: Estimated Total Fee + Expenses 1,695,000$ Printed on 12/20/2023 at 1:56 PM Page 3 of 3 DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 12/18/2023 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. Kimley-Horn and Associates, Inc. Dallas, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. 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. 3 City of Pearland Hickory Slough Sportsplex Phase 2 Design PK2402 2023-1105326 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING Cook, Richard N XDallas, TX United States Flanagan, Tammy XDallas, TX United States Lefton, Steve XDallas, TX United States McEntee, David L XDallas, TX United States 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state) (zip code) (country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V3.5.1.0f381ab6www.ethics.state.tx.usForms provided by Texas Ethics Commission SARAH MEZA 05/14/1981 13455 NOEL ROAD, SUITE 700 DALLAS TX 75240 US DALLAS TEXAS 18TH DECEMBER 23 DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE National Union Fire Ins Co of Pittsburg Allied World Assurance Co (U.S.) Inc. New Hampshire Insurance Company Lloyd's of London 3/28/2023 Edgewood Partners Ins. Center 3780 Mansell Rd. Suite 370 Alpharetta, GA 30022 Jerry Noyola 770-220-7699 greylingcerts@greyling.com Kimley-Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 19445 19489 23841 085202 23-24 A X X X Contractual Liab X X GL5268169 04/01/2023 04/01/2024 2,000,000 1,000,000 25,000 2,000,000 4,000,000 4,000,000 A A X X X CA4489663 (AOS) CA2970071 (MA) 04/01/2023 04/01/2023 04/01/2024 04/01/2024 2,000,000 B X X X X 10,000 03127930 04/01/2023 04/01/2024 5,000,000 5,000,000 C C N WC015893685 (AOS) WC015893686 (CA) 04/01/2023 04/01/2023 04/01/2024 04/01/2024 X 1,000,000 1,000,000 1,000,000 D Professional Liab B0146LDUSA2304949 04/01/2023 04/01/2024 Per Claim $2,000,000 Aggregate $2,000,000 Re: All Projects. The City of Pearland is named as an Additional Insured with respects to General & Automobile Liability where required by written contract. Waiver of Subrogation in favor of Additional Insured where required by written contract & allowed by law. City of Pearland 3519 Liberty Drive Pearland, TX 77581-0000 1 of 1 #S5418040/M5396840 KIMLASSClient#: 238109 JNO02 DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 34 | Page Kimley-Horn and Associates, Inc. N/A X X N/A N/A 12/18/2023 DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527 35 | Page DocuSign Envelope ID: AE2DE78F-5D06-4D23-816C-15AB7F58F527