HomeMy WebLinkAboutResolution - 2011-R0368 - Agreement - Kimley-Horn And Associates Inc.- Construction Phase Services - 08/25/2011Resolution No. 2011-RO368
August 25, 2011
Item No. 5,12
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 for
providing construction phase services for the 98`x' Street Reconstruction -Albany Avenue
to Huron Avenue, by and between the City of Lubbock and Kimley-Horn and Associates,
Inc., and related documents. Said Agreement is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council on August 25, 2011
, op , AVS.
TOM MARTIN, MAYOR
ATTEST:
Rebec& Garza, City Secretary
APPROVER AS TO CONTENT:
Marsha Reed, P.E., Chief Operations Officer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Agreement-Kimley-Ham and Associates, Inc.
August 10, 2011
Resolution No. 2011-80368
98th Street Reconstruction — Albany Ave. to Huron Ave. - Construction Phase Services
Professional Services Agreement
Kimley-Horn and Associates, Inc. ("KHA" or "the Consultant") and the City of Lubbock ("the Client")
herein enter into this Professional Services Agreement for providing Construction Phase Services for the
98"' Street Reconstruction — Albany Ave. to Huron Ave. project. The general project description, scope of
services, schedule, and fee set forth are below.
General Project Description (the "Project")
98`h Street (currently a 7 -lane undivided asphalt roadway with concrete curb and gutter) from Albany
Ave. to Huron Ave. experiencing pavement and curb and gutter failures and subsidence in the area of the
original sanitary sewer excavation and backfill. The first two phases of the project were performed under
separate contract and included a geotechnical investigation to determine the limits and extents of the
failures as well as remediation plans for the reconstruction of 98`h Street.
This Agreement is for Supplemental Phase 2 phase services including design and geotechnical testing and
reporting services, and Phase 3 bidding and construction phase services for the reconstruction of the
affected portion of 98th Street. The construction phase services will be provided in conjunction with a
resident project representative subconsultant (Walker RPR Services, Inc.), a geotechnical engineering
subconsultant (CMJ Engineering, Inc.), and a construction materials testing subconsultant (CMT
Engineering, Inc.).
Scope of Services
KHA, or its subconsultant, shall perform all activities (the "Services") and within the time frames as
described in Attachment A, Scope of Services and/or as otherwise provided herein.
(See attached Scope of Services (herein so called) — Attachment A, incorporated herein for all ptirposes)
Information Provided By Client
KHA shall be entitled to reasonably rely on the completeness and accuracy of all information provided by
the Client. The Client shall provide all available non -confidential information in the possession of the
Client requested by KHA during the Project.
Schedule
The Client anticipates the bidding phase to last two (2) months and the construction phase to last sixteen
(16) months. KHA will provide the Services as expeditiously as practicable during the bidding and
construction phases of the project. The project's bidding phase will begin with the first advertisement for
bids and the construction phase will conclude upon delivery of the final record drawings to the Client
once construction is complete. The Client recommends including a three (3) month contingency on the
schedule to accommodate any unforeseen potential delays. Therefore, the term on this Agreement is
twenty-one (2 1 ) months after receipt of a properly executed original of this Agreement.
If the construction phase extends beyond the twenty-one (21) months, KHA will provide continued
construction phase services on an Additional Services basis but only upon written request by the City.
City of Lubbock — 98" Street Reconstruction — Albany Ave. to Huron Ave. Page I of l 1
Scope of Services — Construction Phase Services August 10, 2011
Fee and Billing
KHA will provide the tasks identified in the Scope of Services on a labor fee plus expense (reimbursable)
basis. For your budgeting purposes we recommend allocating $1,437,100 for the reimbursable tasks. The
budgeted amount will not be exceeded without the client's prior written approval and amendment of this
Agreement. The reimbursable fee breakdowns in the workplan are provided for budgeting purposes only
and are not intended to represent a specific budget for each reimbursable task. KHA reserves the right to
reallocate the reimbursable budget among tasks as determined necessary by KHA. Labor fees will be
billed according to the attached rate schedule, which is applicable for up to 21 months after the date of
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. Subconsultant expenses will be billed as a direct
expense at 1.05 times cost. All permitting, application, and similar project fees will be paid directly by the
Client.
Reimbursable fees will be invoiced monthly based on the actual amount of services performed and
expenses incurred. Payment of all fees will be due within 30 days of your receipt of the invoice.
Closure
In addition to the matters set forth herein, this Agreement shall include and be subject to, and only to, the
terms and conditions in the attached Standard Provisions and other attachments made a part of this
Agreement, which are incorporated herein by reference for all purposes.
KHA, in an effort to expedite invoices and reduce paper waste, offers its clients the option to receive
electronic invoices. For this project we intend to submit invoices via email in PDF format and by paper
copy.
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City of Lubbock — 98" Street Reconstruction — Albany Ave. to Huron Ave. Page 2 of I I
Scope of Services— Construction Phase Services August 10, 2011
Incorporation
Attachments A, A-1, B and C are in hereby expressly incorporated in this Agreement for all purposes.
Executed and effective this 25th day of August, 2011.
KIMLEY-HORN ANIS ASSOCIATES, INC.
By:
G. Brad Tribble, P.E.
Title: Senior Vice President
CITY OF LUBBOCK
TOM MARTIN, MAYOR
ATTEST:
RebeccV Garza, City Secretary
APPRO'V'ED AS TO CONTENT:
Wood Franklin, P.E., City Engineer
APPROVE AST FORM:
Chad Weaver, Assistant City At Qmcy
Attachments — Standard Provisions
Attachment A-1 — Additional Terms
Attachment A — Scope of Services
Attachment B — Current Hourly Rate Schedule
Attachment C — Workplans (C-1, C-2, C-3, and C-4)
City of Lubbock — 48" Street Reconstruction — Albany Ave. to Huron Ave. Page 3 of 1 E
Scope of Services — Construction Phase Services August 10, 2011
KIIVILEY-HORN AND ASSOCIATES, INC.
STANDARD PROVISIONS
(1) Consultant's Scope of Services and Additional Services. The Consultant's undertaking to perform
professional services extends only to the services specifically described in this Agreement. However, if requested by
the Client and agreed to by the Consultant by amendment to this Agreement, the Consultant will perform additional
services ("Additional Services"), and such Additional Services shall be governed by these provisions. Unless
otherwise agreed to in writing, the Client shall pay the Consultant for the performance of any Additional Services in
accordance with the Fee and Billing section of this Agreement.
(2) Client's Responsibilities. In addition to other responsibilities described herein or imposed by law, the Client
shall:
(a) Designate in writing a person to act as its representative with respect to this Agreement, such person having
complete authority to transmit instructions, receive information, and make or interpret the Client's decisions, so long
as such decisions do not increase the expenditures of funds hereunder or otherwise alter the terms of this Agreement.
(b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project
including all numerical criteria that are to be met and all standards of development, design, or construction.
(c) Provide to the Consultant all previous non -confidential studies, plans, or other documents pertaining to the
project in its actual possession, so long as Client shall be allowed to rely on such material, as such material shall
relate to the Project, and all new data reasonably necessary in the Consultant's opinion, such as site survey and
engineering data, environmental impact assessments or statements, zoning or other land use regulations, upon all of
which the Consultant may rely if such reliance shall be reasonable.
(d) Arrange for access to the site and other private or public property as required for the Consultant to provide its
services.
(e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining
thereto within a reasonable time so as not to delay the services of the Consultant, so long as such decisions do not
increase the expenditures of funds hereunder or otherwise alter the terms of this Agreement.
(f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals
and consents from other parties as may be necessary for completion of the Consultant's services.
(g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility
services as the Client may require in furtherance of the project development.
(h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that
affects the scope and timing of the Consultant's services or any defect or noncompliance in any aspect of the project.
(i) Bear all costs incident to the responsibilities of the Client, unless provided otherwise herein.
(2A) The City Council of Client herein delegates the authority to act as the Client's representative under this
Agreement to the City Engineer of Client, or his/her designee.
(3) Period of Services. Unless otherwise stated herein, the Consultant will begin work timely after receipt of a
properly executed copy of this Agreement. This Agreement is made in anticipation of conditions permitting
continuous and orderly progress through completion of the services. Times for performance shall be extended as
necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or
suspension extends for more than six months (cumulatively), Consultant's compensation shall be renegotiated.
(4) .Method of Payment. Compensation shall be paid to the Consultant in accordance with the following
provisions:
(a) Invoices will be submitted periodically, via regular mail or email, for services performed and expenses incurred,
if allowed by this Agreement. Payment of each invoice will be due within 30 days of receipt. Interest will be added
to accounts at the rate as provided by the Texas Government Code. if the Client fails to make any payment due the
Consultant under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the
Consultant may, after giving notice to the Client, suspend services until all amounts due are paid in full.
City of Lubbock— 98'b Street Reconstruction— Albany Ave. to Huron Ave. Page 4 of 11
Scope of Services — Construction Phase Services August 10, 20 t 1
(b) The Client agrees that the payment to the Consultant is not subject to any contingency or condition, except as
provided in this Agreement. The Consultant may negotiate payment of any check tendered by the Client, even if the
words "in full satisfaction" or words intended to have similar effect appear on the check without such negotiation
being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect
additional amounts from the Client.
(5) Use of Documents. All documents, including but not limited to drawings, specifications, reports, and data or
programs stored electronically, prepared by the Consultant are related exclusively to the services described in this
Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not
intended or represented to be suitable for use, partial use or reuse by the Client or others on extensions of this project
or on any other project. Any modifications made by the Client to any of the Consultant's documents, or any use,
partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the
Client's sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the
Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees,
resulting therefrom. The Consultant's electronic files and source code developed in the development of application
code remain the property of the Consultant and shall be provided to the Client only if expressly provided for in this
Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the
Client, and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any
discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall
govern. Because data stored in electronic media format can deteriorate or be modified without the Consultant's
authorization, the Client has 60 days to perform acceptance tests, after which it shall be deemed to have accepted the
data.
(6) Opinions of Cost. 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
opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent
cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be
paid for as Additional Services.
(7) Termination. The obligation to provide further services under this Agreement may be terminated by either
party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance
with the terns hereof through no fault of the terminating party, or upon thirty days' written notice for the
convenience of the terminating party. If any change occurs in the ownership of the Client, the Consultant shall have
the right to immediately terminate this Agreement. In the event of any termination, the Consultant shall be paid for
all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses
incurred by the Consultant as a result of such termination. If the Consultant's compensation is a fixed fee, the amount
payable for services will be a proportional amount of the total fee based on the ratio of the amount of the services
performed, as reasonably determined by the Consultant, to the total amount of services which were to have been
performed.
(8) Insurance. The Consultant carries Workers' Compensation insurance, professional liability insurance, and
general liability insurance as set forth in Attachment A-1.
(9) Standard of Care. The standard of care applicable to Consultant's services will be the degree of care and skill
ordinarily exercised by consultants performing the same or similar services in the same locality at the time the
services are provided. No warranty, express or implied, is made or intended by the Consultant's undertaking herein
or its performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client.
(10) LIMITATION OF DAMAGES. Under no circumstances shall the Consultant be liable for extra costs or other
consequences due to changed conditions, or for costs related to the failure of contractors to perform work in
accordance with the plans and specifications.
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Scope of Services — Construction Phase Services August 10, 2011
(1 l) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any
consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.
(12) Certifications. The Consultant shall not be required to execute certifications or third -party reliance letters that
are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the
Consultant to violate applicable rules of professional responsibility.
(13) [Intentionally omitted]
(14) Hazardous Substances and Conditions. In no event shall Consultant be a custodian, transporter, handler,
arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be
limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications
for isolation, removal, or remediation. The Consultant shall notify the Client of hazardous substances or conditions
not contemplated in the scope of services of which the Consultant actually becomes aware. Upon such notice by the
Consultant, the Consultant may stop affected portions of its services until the hazardous substance or condition is
eliminated.
(15) Construction Phase Services.
(a) [Intentionally omitted]
(b) If the Consultant provides construction phase services, the Consultant shall have no responsibility for any
contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or
safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor.
The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence
that the completed work of its contractors will generally conform to the construction documents prepared by the
Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any
contractor's failure to perform its work in accordance with the contract documents.
(c) The Consultant is not responsible for any duties assigned to the design professional in the construction contract
that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall
state that the contractor shall be solely responsible for job site safety and for its means and methods; that the
contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents;
and that the Client and the Consultant shall be made additional insureds under the contractor's general liability
insurance policy.
(16) No Third -Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits
to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this
Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any
rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant,
without the written consent of the Consultant. The Consultant reserves the right to augment its staff with
subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant
exercises this right, the Consultant will maintain the agreed-upon billing rates for services identified in the contract,
regardless of whether the services are provided by in-house employees, contract employees, or independent
subconsultants.
(17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the
project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance
of its services. If, however, any facts, data or information are specifically identified in writing by the Client as
confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material.
(18) Miscellaneous Provisions. This Agreement is performable in Lubbock County, Texas and is to be governed
by the law of the State of Texas. Venue for any action under or related to this Agreement shall exclusively lie in
courts of competent jurisdiction in Lubbock County, Texas. This Agreement contains the entire and fully integrated
agreement between the parties and supersedes all prior and contemporaneous negotiations, representations,
agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be
supplemented or amended only by a written document executed by both parties. Provided, however, that any
conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly
City of Lubbock -- 98"' Street Reconstruction — Albany Ave. to Huron Ave. Page 6 of t l
Scope of Services — Construction Phase Services August 10, 2011
rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of
such unenforceability without invalidating the remaining provisions. The non -enforcement of any provision by either
party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the
remainder of this Agreement.
City of Lubbock — 48W Street Deconstruction — Albany Ave. to Huron Ave. Page 7 of I I
Scope of Services — Construction Phase Services August I0, 2011
Resolution No. 2011-80368
ATTACHMENT A-1
ADDITIONAL TERMS
Independent Contractor. It is understood and agreed that Consultant is to perform the Services in a sound
and professional manner and exercising the degree of care, skill and diligence in the performance of the
Services as is exercised by a professional Consultant under similar circumstances and Consultant hereby
warrants to the Client that the Services shall be so performed. Further, Consultant is and shall be considered
at all times an independent contractor under this Agreement and/or in its service, hereunder. During the
performance of the Services under this Agreement, Consultant and Consultant's employees will not be
considered, for any purpose, employees or agents of the Client 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.
2. Events of Default/Remedies
a. Client's. Defaults/Consultant's Remedies. In the event the CIient shall default in the performance of any
term or provision of this Agreement for any reason other than failure by Consultant to perform hereunder,
Consultant may, if said default shall be continuing after five (5) days notice of such default is deemed
received by the Client, exercise any right or remedy available to it by law, contract, equity or otherwise.
b. Consultant's Defaults/Client's Remedies. In the event Consultant shall default in the performance of any
term or provision of this Agreement for any reason other than failure by the Client to perform hereunder,
the Client may, if said default shall be continuing after five (5) days notice of such default is deemed
received by Consultant, exercise any right or remedy available to it by law, contract, equity or otherwise,
including without limitation, specific performance and/or the right to terminate this Agreement without
additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently.
Insurance[Indemnity
Consultant 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 Client, carried with an insurance
City of Lubbock — 98" Street Reconstruction — Albany Ave. to Huron Ave. Page 8 of l 1
Scope of Services — Construction Phase Services August 10, 2011
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 where obtainable, the indemnity obligations set
forth herein.
Consultant shall obtain and maintain in full force and effect during the term of this Agreement, and
shall cause each approved subcontractor or subconsultant of Consultant to obtain and maintain in full force
and effect during the term of this Agreement, commercial general liability, professional liability and
automobile liability coverage 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. The policies will be written on an
occurrence basis, subject to the following minimum limits of liability:
Commercial General Liability:
Combined Single Limit:
Professional Liability:
Combined Single Limit:
Automobile Liability:
Combined Single Limit for any auto
$1,000,000
$1,000,000
$500,000 Per Occurrence
The Client shall be listed as a primary additional insured with respect to the Automobile Liability and
Commercial General Liability and shall be granted a waiver of subrogation under those policies.
Consultant shall provide a Certificate of Insurance to the Client 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.
Consultant shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of
the Texas Labor Code. Further, Consultant shall maintain said coverage throughout the term of this
Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the
Consultant maintains said coverage, The Consultant may maintain Occupational Accident and Disability
Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a
waiver of subrogation in favor of the City of Lubbock.
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Scope of Services — Construction Phase Services August 10, 2011
If at any time during the life of the Agreement or any extension hereof, Consultant fails to
maintain the required insurance in full force and effect, Consultant shall be in breach hereof and all work
under the Agreement shall be discontinued immediately.
For all matters related to its professional services, Consultant shall indemnify and hold Client and
Client's elected officials, officers, agents, and employees harmless, to the fullest extent permitted by law,.
from and against any and all claims, demands, damages, costs, liabilities and expenses, and including
reasonable attorney's fees, to the extent arising out of negligent acts, errors, and omissions of Consultant,
its agents, servants, or employees. For all other matters, Consultant shall indemnify and hold Client and
Client's elected officials, officers, agents, employees, and independent contractors harmless, to the fullest
extent permitted by law, from and against any and all claims, demands, damages, costs, liabilities and
expenses, and including reasonable attorney's fees as a result of, related to or arising from Consultant's use
or occupation of Client owned lands, and/or any matter related to Consultant's activities, performances,
operations or omissions under this Agreement, except as may otherwise be limited by this Agreement. The
indemnity provided herein shall survive the expiration or termination of this Agreement.
4. Compliance with Law. Consultant shall comply with all applicable laws, statutes, regulations, ordinances,
rules and any other legal requirement related to, in any way, manner or form, the performance of the
Services contemplated herein.
5. Notice. Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in
person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return
receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of
either party to designate a different address by notice given in the manner just described. Notice shall be
deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in
the United States mail, as set forth above, three (3) days after depositing such notice in the United States
mail, as set forth above.
For Client: Wood Franklin, P.E., City Engineer
P.O. Box 2000
Lubbock, Texas 79457
Facsimile: (806) 775-3074
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Scope of Services - Construction Phase Services August 10, 2011
wl copy to: Marsha Reed, P.E., Chief Operating Officer
P.O. Box 2000
Lubbock, Texas 79457
Facsimile: (806) 775-3074
For Consultant: G. Brad Tribble, P.E.
Kimley-Horn and Associates, Inc.
2201 W. Royal Lane, Suite 275
Irving, TX 75063-3206
Facsimile: (214) 420-5680
6. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise,
partnership or principal — agent relationship between Consultant and the Client.
Authority. Consultant represents and warrants to Client that it has taken all actions necessary to authorize
the party executing this Agreement to bind, in all respects, Consultant to all terms and provisions of this
Agreement, and that such person possesses authority to execute this Agreement and bind Consultant hereto..
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Scope of Services — Construction Phase Services August 10, 2011
Resolution No. 2011-RO368
Attachment A - Scope of Services
98th Street Reconstruction - Albany Ave. to Huron Ave. - Construction Phase Services
Consultant will provide construction phase services as specifically stated below:
Pre -Bid Supplemental Design and Geotechnical Testing Services:
Consultant will perform supplemental design and bid document preparations services. Consultant will
assemble the bid documents prepared under separate contract as part of the 98TH` Street Reconstruction
design contract with PaveTex Engineering and Testing, Inc. The bid documents include:
■ Bidding Requirements;
■ Contract Forms;
■ Contract Conditions;
■ Specifications; and
■ Drawings
Consultant, through its subconsultant, will provide supplemental geotechnical testing services, including:
■ Geotechnical drilling;
■ Laboratory testing; and
■ Engineering analysis and report preparation
Biddin - Phase Services:
Consultant will provide original bid documents to the Client for distribution to prospective bidders by its
3 T party bidding service. The Client will administer the bidding phase of the project and the Consultant
will provide the following support services to the Client:
■ Provide project management during the bidding phase;
y Respond to Client and prospective bidder questions and requests for information;
■ Prepare for and attend a single pre-bid meeting with prospective bidders;
■ Prepare and submit addenda to Client to issue as appropriate to interpret, clarify, or expand the
bidding documents;
■ Attend the Bid Opening;
■ Tabulate the bids received and evaluate the compliance of the bids received with the bid
documents; and
■ Prepare a written summary of this tabulation and evaluation together with a letter addressing the
award of the construction contract.
Construction Phase Services:
Pre -Construction Conference. Consultant will prepare for and attend a Pre -Construction Conference
prior to commencement of Work at the Site.
Visits to Site and Observation of Construction. Consultant will provide the following services
throughout construction:
■ Engineer of Record;
■ Resident Project Representative; and
■ Construction Materials Testing.
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Scope of Services — Construction Phase Services August 10, 2011
Engineer. Consultant's role as Engineer will include providing on-site construction observation services
during the construction phase. Consultant will make visits at intervals as directed by Client 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 Client informed of the general
progress of the Work.
Resident Project Representative. Consultant's role as Resident Project Representative will include
furnishing a Resident Project Representative ("RPR") to assist Consultant in observing progress and
quality of the Work.
The duties and responsibilities of the RPR are limited to those of Consultant in the Agreement with the
Client and in the Contract Documents, and are further limited and described as follows:
1. General. RPR is Consultant's agent at the Site, will act as directed by and under the supervision
of Consultant, and will confer with Consultant regarding RPR's actions.
■ RPR's dealings in matters pertaining to a Contractor's work in progress shall in general be
with Consultant and Contractor, keeping Client advised as necessary.
■ RPR's dealings with subcontractors shall only be through or with the full knowledge and
approval of Contractor.
■ RPR shall generally communicate with Client with the knowledge of and under the direction
of Consultant.
2. Schedules. Review the progress schedule, schedule of Shop Drawing and submittals, and any
other schedules prepared by Contractor and consult with Consultant concerning acceptability.
3. Conferences and Meetings. Attend meetings with Contractor, such as preconstruction
conferences, progress meetings, job conferences and other project -related meetings, and prepare
and circulate copies of minutes thereof.
4. Liaison.
■ Serve as Consultant's liaison with Contractor, working principally through Contractor's
superintendent, and assist in providing information regarding the intent of the Contract
Documents.
■ Assist Consultant in serving as Client's liaison with Contractor when Contractor's operations
affect Client's on -Site operations.
■ Assist in obtaining from Client additional details or information, when required for proper
execution of the Work.
5. Interpretation of Contract Documents. Report to Consultant when clarifications and
interpretations of the Contract Documents are needed and transmit to Contractor clarifications
and interpretations as issued by Consultant.
City of Lubbock — 98h Street Reconstruction — Albany Ave. to Huron Ave. Page 2 of b
Scope of Services — Construction Phase Services August 10, 2011
b. Shop Drawings and Submittals
■ Maintain Shop Drawing and Submittal Record log.
■ Advise Consultant and Contractor of the commencement of any portion of the Work
requiring a Shop Drawing or submittal for which RPR believes that the submittal has not
been approved by Consultant.
7. Modifications. Consider and evaluate Contractor's suggestions for modifications in Drawings or
Specifications and report such suggestions, together with RPR's recommendations, to Consultant.
Transmit to Contractor in writing decisions as issued by Consultant.
8. Review of Work and Rejection of Defective Work
• Conduct on -Site observations of Contractor's work in progress to assist Consultant in
determining if the Work is in general proceeding in accordance with the Contract Documents.
■ Report to Consultant whenever RPR believes that any part of Contractor's work in progress
will not produce a completed project that conforms generally to the Contract Documents or
will imperil the integrity of the design concept of the completed Specific Project as a
functioning whole as indicated in the Contract Documents, or has been damaged, or does not
meet the requirements of any inspection, test or approval required to be made; and advise
Consultant of that part of work in progress that RPR believes should be corrected or rejected
or should be uncovered for observation, or requires special testing, inspection or approval.
Inspections, Tests, and System Start-ups
■ Consult with Consultant in advance of scheduled major inspections, tests, and systems start-
ups of important phases of the Work.
■ Verify that tests, equipment, and systems start-ups and operating and maintenance training
are conducted in the presence of appropriate Client's personnel, and that Contractor maintains
adequate records thereof.
■ Observe, record, and report to Consultant appropriate details relative to the test procedures
and systems start-ups.
■ Accompany visiting inspectors representing public or other agencies having jurisdiction over
a Specific Project, record the results of these inspections, and report to Consultant.
10, Records
■ Maintain at the Site orderly files for correspondence, reports of job conferences,
reproductions of original Contract Documents including all Addenda, Change Orders, Field
Orders, additional Drawings issued subsequent to the execution of the Contract, Consultant's
clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing
and submittals received from and delivered to Contractor, and other Specific Project -related
documents.
■ Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site,
weather conditions, data relative to questions of Change Orders, Field Orders, or changed
conditions, Site visitors, daily activities, decisions, observations in general, and specific
observations in more detail as in the case of observing test procedures; and send copies to
Consultant.
■ Record names, addresses, fax numbers, e-mail addresses, web site locations and telephone
numbers of all Contractors, subcontractors, and major suppliers of materials and equipment.
■ Maintain records for use in preparing project documentation.
■ Upon completion of the Work, furnish original set of all RPR Specific Project documentation
to Consultant.
City of Lubbock — 48°i Street Reconstruction —Albany Ave. to Huron Ave. Page 3 of 6
Scope of Services — Construction Phase Services August 10, 2011
11. Reports
■ Furnish to Consultant periodic reports as required of progress of the Work and of Contractor's
compliance with the progress schedule and schedule of Shop Drawing and submittals.
■ Draft and recommend to Consultant proposed Change Orders and Field Orders. Obtain
backup material from Contractor.
• Furnish to Consultant and Client copies of all inspection, test, and system startup reports.
■ Immediately notify Consultant of the occurrence of any Site accidents, emergencies, acts of
God endangering the Work, damage to property by fire or other causes, or the discovery of
any Constituent of Concern.
12. Payment Request, Review Applications for Payment with Contractor for compliance with the
established procedure for their submission and forward with recommendations to Consultant,
noting particularly the relationship of the payment requested to the Work completed, and
materials delivered at the Site but not incorporated in the Work.
13. Certificates, Operation and Maintenance Manuals. During the course of the Work, verify that
materials and equipment certificates, operation and maintenance manuals and other data required
by the Specifications to be assembled and furnished by Contractor are applicable to the items
actually installed and in accordance with the Contract Documents, and have these documents
delivered to Consultant for review and forwarding to Client prior to payment for that part of the
Work.
14. Completion
■ Participate in a Substantial Completion inspection, assist in the determination of Substantial
Completion and the preparation of lists of items to be completed or corrected.
■ Participate in a final inspection in the company of Consultant, Client, and Contractor and
prepare a final list of items to be completed and deficiencies to be remedied..
■ Observe whether all items on the final list have been completed or corrected and make
recommendations to Consultant concerning acceptance and issuance of the Notice of
Acceptability of the Work.
Resident Project Representative shall not:
■ Authorize any deviation from the Contract Documents or substitution of materials or equipment
(including "or -equal" items).
■ Exceed limitations of Consultant's authority as set forth in the Agreement or the Contract
Documents.
■ Undertake any of the responsibilities of a Contractor, subcontractors, suppliers, or a Contractor's
superintendent.
■ Advise on, issue directions relative to, or assume control over any aspect of the means, methods,
techniques, sequences or procedures of the Contractor's work unless such advice or directions are
specifically required by the Contract Documents.
■ Advise on, issue directions regarding, or assume control over safety practices, precautions and
programs in connection with the activities or operations of Client or Contractor.
■ Participate in specialized field or laboratory tests or inspections conducted off-site by others
except as specifically authorized by Consultant.
■ Accept Shop Drawings or submittals from anyone other than Contractor.
■ Authorize Client to occupy a Specific Project in whole or in part.
City of Lubbock — 48" Street Reconstruction — Albany Ave. to Huron Ave. Page 4 of 6
Scope of Services — Construction Phase Services August 10, 2011
Through such observations of Contractor's work in progress and field checks of materials and equipment
by the RPR, Consultant shall endeavor to provide Client a greater degree of confidence that the completed
Work will conform in general to the Contract Documents. However, 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 KHA 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.
Recommendations with Respect to Defective Work. Consultant will recommend to Client 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.
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 Client as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations
from the Contract Documents will be made by Client.
Change Orders. Consultant may recommend Change Orders to Client, and will review and make
recommendations related to Change Orders submitted or proposed by the Contractor.
Shop Drawings and Submittals. Consultant will review and approve or take other appropriate action in
respect to Shop Drawings and Submittals 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.
Substitutes and "or -equal." Evaluate and determine the acceptability of substitute or "or -equal"
materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject
to the provisions of applicable standards of state or local government entities.
Inspections and Tests. Consultant, through its subconsultant, will perform special inspections or tests of
Contractor's work as Consultant deems appropriate, and may receive and review certificates of
inspections within Consultant's area of responsibility or of tests and approvals required by laws and
regulations or the Contract Documents. Consultant's review of such certificates will be for the purpose of
determining that the results certified indicate compliance with the Contract Documents and will not
constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals
comply with the requirements of the Contract Documents. Consultant shall be entitled to rely on the
results of such tests and the facts being certified.
Disagreements between Client and Contractor. Consultant will, if requested by Client, render written
decision on all claims of Client and Contractor relating to the acceptability of Contractor's work or the
interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's
work. In rendering such decisions, Consultant shall be fair and not show partiality to Client or Contractor
and shall not be liable in connection with any decision rendered in good faith in such capacity.
City of Lubbock — 981h Street Reconstruction — Albany Ave. to Huron Ave. Page 5 of 6
Scope of Services —Construction Phase Services August 10, 2011
Applications for Payment. Based on its observations and on review of applications for payment and
accompanying supporting documentation, Consultant will determine the amounts that Consultant
recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute
Consultant's representation to Client, based on such observations and review, that, to the best of
Consultant's knowledge, information and belief, Contractor's work has progressed to the point indicated
and that such work -in -progress is generally in accordance with the Contract Documents subject to any
qualifications stated in the recommendation. In the case of unit price work, Consultant's
recommendations of payment will include determinations of quantities and classifications of Contractor's
work, based on observations and measurements of quantities provided with pay requests.
By recommending any payment, Consultant shall not thereby be deemed to have represented that its
observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's
work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically
assigned to Consultant in this Agreement. It will also not impose responsibility on Consultant to make
any examination to ascertain how or for what purposes Contractor has used the moneys paid on account
of the Contract Price, nor to determine that title to any portion of the work in progress, materials, or
equipment has passed to Client free and clear of any liens, claims, security interests, or encumbrances, nor
that there may not be other matters at issue between Client and Contractor that might affect the amount
that should be paid.
Substantial Completion. Consultant will, promptly after notice from Contractor that it considers the
entire Work ready for its intended use, in company with Client and Contractor, conduct a site visit to
determine if the Work is substantially complete. Work will be considered substantially complete
following satisfactory completion of all items with the exception of those identified on a final punch list.
If after considering any objections of Client, Consultant considers the Work substantially complete,
Consultant will notify Client and Contractor.
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.
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.
Record Drawings. Prepare project "Record Drawings" based on information provided by the Contractor
as to the actual field placement of the work including any changes or deletions. Consultant is not
responsible for the accuracy of the information provided by others. Consultant will provide the following
deliverables:
■ One (1) 11 "x 17" set of black line Record Drawings
* One (1) set of .PDF file Record Drawings
City of Lubbock — 98'b Street Reconstruction — Albany Ave. to Huron Ave. Page 6 of 6
Scope of Services— Construction Phase 'Services August 10.2011
Kimley-Horn and Associates, Inc.
Standard Rate Schedule
(Hourly Rate)
Resolution No. 2011—RO368
ATTACHMENT B
PIC (Principal -in -Charge) ..........................................................$210
PM (Project Manager)................................................................$195
Senior Professional Engineer .....................................................
$145
Professional Engineer.................................................................$130
Analyst..............•........................................................................
$105
CAD............................................................................................. $85
Admin...........................................................................................
$75
The raM listed above are applicable for tip to 21 months after the date of execution of this Letter Agreement
for 98` Street Reconstruction — Albany Ave. to Huron Ave.
l Kimley-Horn
and Associates, Inc.
Project Workplan Budget
General Project Information
Client: City of Lubbock, TX
Project: 98th Street - Const. Phase
KHA No. 063126007
PIC: Brad Tribble
Attachment C-1
Resolution No. 2011-80368
Budget Summary
Date: Aug 10, 2011
Task Budget
No.
Summary
Task Name
Hours
Labor
Task 0.
Expense
Task 888
Allocation
Cost
Subtotal
390
Pre-bid Supp Design
242
$
35,605
$
700
$
2,200
$
38,500
400
Bidding
117
$
17,700
$
700
$
1,100
$
19,500
510
Startup - (Month 1)
140
$
22,200
$
1,400
$
1,400
$
25,000
520
Startup - (Month 2)
110
$
17,200
$
1,100
$
1,100
$
19,400
530
Standard - (16 Months)
1,440
$
228,800
$
21,200
$
13,800
$
263,800
540
Closeout
254
$
34,300
$
1,800
$
2,100
$
38,200
777
lContingency$
-
TOTALS:
2,303
$
355,800
1$
26,900
1 $
21,700
$
404,400
Project
PE Totals:
: $ 355,800
nse: $ 1,081,300L: $ 1,437,100
Page 1 of 7
K:ILAC_Roadwayk063126007_Lub_98th_Street\ContraotQOI1 RPR ContractlWorkPlanBudget v5.x1s Printed: 811012011, 11:19 AM
Task No. Task Name
Cost
Multiplier
Subtotal
710 Walker RPR Services, Inc. (Attachment C-2)
$
586,224
1.05
$
615,600
720 CMT Engineering, Inc. (Attachment C-3)
$
311,946
1.05
$
327,600
730 CMJ Engineering, Inc. (Attachment C4)
$
65,230
1.05
$
68,500
CMJ Engineering, Inc. (Contingency)
$
20,000
1.05
$
21,000
TOTALS:J $
983,400
$
1,032,700
Project
PE Totals:
: $ 355,800
nse: $ 1,081,300L: $ 1,437,100
Page 1 of 7
K:ILAC_Roadwayk063126007_Lub_98th_Street\ContraotQOI1 RPR ContractlWorkPlanBudget v5.x1s Printed: 811012011, 11:19 AM
W", , Kimley-Horn
111b. -and Associates, Inc.
Project Workplan Budget Date: August 10, 2011
InformationGeneral Project Information "Task Effort Summary Task
Client: City of Lubbock, TX Labor: $ 35,600 Number: 390
Project: 98th Street - Const. Phase Expense: $ 700 Name: Pre-bid Supp Design
KHA No: 063126007 Allocation: $ 2,200 Task Mgr
PM: Brad Tribble TOTAL: 8,500
Page 2 of 7
K:ILAC_Roadway1063126007 Lub_98th_5treetlContract12011 RPR Contract\WorkPianBudget v5.xls Printed: 8/1012011, 11:19 AM
PPI M" Kimley-Hurn
bb.- Mand Associates, Inc.
Project Workplan Budget Date: August 10, 2011
InformationGeneral Project Information �Task Effort Summary Task
Client: City of Lubbock, TX Labor: $ 17,700 Number: 400
Project: 98th Street - Const. Phase Expense: $ 700 Name: Bidding
KHA No: 063126007 Allocation: $ 1,100 Task Mgr
PIC: Brad Tribble TOTAL: 19,500
Page 3 of 7
K:LAC_Roadway1063126007_Lub,98th_StreetlContract12011 RPR Co ntract\WorkPlanBudget v5.xls Printed: 811012011, 11:19 AM
CM FJ Kimley-Horn
M and Associates, Inc.
Project Workplan Budget Date: August 10, 2011
ProjectGeneral • sn Task Effort Summary Task Information
Client: City of Lubbock, TX Labor: $ 221200 Number: 510
Project: 98th Street - Const. Phase Expense: $ 1,400 Name: Startup - (Month 1)
KHA No: 063126007 Allocation: $ 1,400 Task Mgr
PIC: Brad Tribble T OfAL: 25,000
Testing Sub coordination M
Contractor Pay Appli C-�-t-jonReviewlProcess
Prepare form
22,150 1 $ 1,320
Page 4 of 7
K:% AC_Roadway1063126007_Lub_98th_Street\Contract12011 RPR ContractlWorkPlanBudget v5.xls Printed: 811012011,11:19 AM
Kimley-Horn
and Associates, Inc
Project Workplan Budget
uvei-ardarplluci in[ouiri�UL
Client: City of Lubbock, TX
Project: 98th Street - Const. Phase
KHA No: 0631.26007
PIC: Brad Tribble
Date: August 10, 2011
Task Effort Information
Labor: $ 17,200 Number: 520
Expense: $ 1,100 Name: Startup - (Month 2)
Allocation: $ 1,100 Task Mgr
TOTAL: 19,400
0
/,e
e,
a`�
,a4
tiJ
Personnel:
Task Descriptions:
PIC PRA
$2101hr. $195/hr.
PE2 PEI EIT CAD
$1451hr. $1301hr. $1051hr. $851hr.
ADM
$751hr.
SubTU
(Hrs)
Exp ($)
Prepare for and attend 1 Site Meeting
8
8
Travel (1 round trip flight & 1 rental car)
$ 350
Prepare for and attend 2 Site Meetings
16
16
Travel (2 round trip flights & 1 rental cars)
$ 600
RFls
4
8
4
16
Shop Drawing/Submittal Review
4
16
4
24
Change Orders
RPR Sub coordination
4
8
12
Geotech QC Sub coordination
6
4
10
Testing Sub coordination
4
2
6
Contractor Pay Application Review/Process
1
4
1
6
Coord with RPR, City, Quantity check
General QC/PM/Admin
4
2
6
12
Subtotals:
35
60
15
1101T
955—
$ 7,350 1 $ - I S 8,700 1 $ - 1 $ - 1 $ - 1 $ 1,125
K:\LAC_Roadway\063126007_Lub_98th_Street\Contract12011 RPR Contract\WorkPla n Budget v5.xls
$ 17,175 1 $ 1,045
Page 5 of 7
Printed: 8110/2011, 11:19 AM
Kimley-Horn
S and Associates, Inc,
Project Workplan Budget
ProjectiGeneral • •
Client: City of Lubbock, TX
Project: 98th Street - Const. Phase
KHA No: 063126007
PIC: Brad Tribble
Pate: August 10, 2011
EffortTask • •
Labor: $ 228,800 Number: 530
Expense: $ 21,200 NameStandard - (16 Months)
Allocation: $ 13,800 Task Mgr
TOTAL: 263,800
Personnel: PIC PM PE2 PE1 EIT CAD ADM41SWO
Task Descriptions: $2101hr. $1951hr. $1451hr. $130/hr. $1051hr. $851hr. $751hr. rs� Exp ($)
Hours per Month:
Prepare for and attend 2 Site Meetings/Month 16 16 32
Travel (4 round trip flights & 2 rental cars) 1$ 1,200
u
$ 100,8001$ - 1 $ 116,000 1 $ - 1$ - I$ - 1 $ 12,000 1 1 1 1 1 1$ 228,800 J $ 21,
Page 6 of 7
K:\LAC_Roadway\063126007_Lub_98th_StreetlContract\2011 RPR Contract\WorkPian Budget v5.xls Printed. 8/1012011, 11.19 AM
Shop Drawing/Submittal Review
Change Orders
RPR Sub coordination
Geotech QC Sub coordination
Contractor Pay Application Review/Process
Coord with RPR, City, Quantity check
General OCIPMlAdinin
ll . k . •' • -
�-�-�-1111111111111111111111,11.1111111
u
$ 100,8001$ - 1 $ 116,000 1 $ - 1$ - I$ - 1 $ 12,000 1 1 1 1 1 1$ 228,800 J $ 21,
Page 6 of 7
K:\LAC_Roadway\063126007_Lub_98th_StreetlContract\2011 RPR Contract\WorkPian Budget v5.xls Printed. 8/1012011, 11.19 AM
PPP- M PI Kimley-Horn
M and Associates, Inc.
Project Workplan Budget
General Project r r
Client: City of Lubbock, TX
Project: 98th Street - Const. Phase
KHA No: 063126007
PIC: Brad Tribble
owc.�+C`
�t°�e t
t
Date: August 10, 2011
Task Information
Number: 540
Name: Closeout
Task Mgr
Personnel:
Task Descriptions:
PIC PM
$2101hr. $195/hr.
EffortTask
ADM
$75/hr.
Labor:
$ 34,300
Expense:
$ 1,800
Allocation:
$ 2,100
TOTAL:
38,200
owc.�+C`
�t°�e t
t
Date: August 10, 2011
Task Information
Number: 540
Name: Closeout
Task Mgr
Personnel:
Task Descriptions:
PIC PM
$2101hr. $195/hr.
PE2 PEI EIT CAD
$1451hr. $1301hr. $105/hr. $85/hr.
ADM
$75/hr.
SubTtl
(Hrs)
Exp ($)
Prepare for and attend Substantial Completion
12
12
24
Travel (2 round trip flights & 1 rental car)
$ 600
Prepare for and attend Final Walk Through
12
12
24
Travel (2 round trip flights & 1 rental car)
$ 600
RFIs
Shop Drawing/Submittal Review
Record Drawings
8
30 80
10
128
$ 350
RPR Sub coordination
4
4
8
Geotech QC Sub coordination
Testing Sub coordination
Contractor Pay Application Review/Process
4
8
2
14
Coord with RPR, City, Quantity check
General QCIPM/Admin
8
8
8
24
Project Closeout
4
8
20
32
Sub Invoicing
Subtotals:
52
82 80
1 40
2541$
1,550
10,9201 $ - 1$ 11,8901$ - 1$ 8,4001$ - 1 $ 3,000
K:1LAC_Roadway\063126007_Lub_98th_Street\Contract12011 RPR Contract\WorkPlanBudget v5.x1s
$ 34,210 1 $ 1,705
Page 7 of 7
Printed: 8/1012011. 11:19 AM
Attachment C-2
Walker RPR Services, Inc.
8108 Gary Ave.
Lubbock, TX 79423
(806) 787-4235
Owner: City of Lubbock, TX
Client: Kimley-Horn and Associates, Inc.
2201 West Royal Lane, Suite 275
Irving, TX 75063
Project: 98th Street Reconstruction - Construction Phase Services
Resolution No, 2011--R0368
Proposal
August 10, 2011
Expenses:
Vehicle Allowance:
Task Descriptions and
.•
$ 18,000.00
$ 54,000.00
($1,000 / mo x 18 mo)
Project
Manager
Chief inspector
Junior
Inspector
Expense Subtotals:
Task Descriptions: Rates:
$ 137.50
$ 87.75
$ 49.00
Subtotals
Labor:
Project Management
(40hrs/mox18mo)
On-site Inspection (full-time)
(176 hrs / mo x 18 mo)
720
3,168
3,168
720
6,336
Hour Subtotals:
7201
3,1681
3,168
7,056
Labor Subtotals:
$ 99,000.00
1 $ 277,992.00
1 $ 155,232.00
$ 532,224.00
Expenses:
Vehicle Allowance:
$ 18,000.00
$ 18,000.00
$ 18,000.00
$ 54,000.00
($1,000 / mo x 18 mo)
Expense Subtotals:
15
54,000.00
Attachment C-3
Resolution No. 2011-80368
CMT Engineering
12804 County Road 2800
Lubbock TX 79404
Office (806) 771-7283
Fax (806) 771-7062
Project: 98th Sheet Remediation Albany Ave. to Huron Ave.
Date: 8/8/201 t
Laboratory Tests
Fee
Qt
Estimate
Sills
$
Fee
CitJ
$
Estimate
Modified Proctor 4" mold
3
200.00.
20
$
4.000.00
Atterburg Limits
S
65.00
20
$
1,300.00
O.issificationofsoils (inc washed rad
3
7000
20
$
1,400.00
LaborTest
Flex Bass
S
65.00
280
$
18,200.00
Modified Proctor
$
250,00
1
S
250.00
Bulk Gravity I Moisture Correction
$
50.00
1
$
50.00
Wet Ball Mill
5
225.00
1
$
225.00
Atterburg Limits
$
65-00
3
$
195.00
Bar Linear Shrinks e
$
50.00
4
S
200.00
Dry Gradation
S
50.00
3
S
150.00
Washed Gradation
$
70.00
1
$
70.00
PM
$
190,00
10
$
1,900.00
AgwygMest
Dry Gradation
$
50.00
4
S
200:00
Washed Gradation
$
70.00
2
$
140.00
Magnesium Soundness
$
30000
2
S
500.00
L.A. Abrasion
S
300.00
2
S
600.00
Flat and Elongated
$
100.00
1
3
100.00
Crushed Face Count
$
75-00
1
S
75.00
Decant
$
75.00
3
$
225.00
Deleterious
$
75.00
5
$
375.00
Sand
Inorganic Impurities -Color Test
$
100.00
2
$
200.00
Hot Mix
Asphalt Conten[ (Ignition) 1 Gradation
$
150.00
5
$
750.00
TxDOT G rato set of 3..
$
150.00
5
$
750.00
Max Theoretical Density) Air veids
$
125.00
5
$
625.00
In Place Density from cores
$
30.00
20
$
600.00
Hamburg Wheel Tracking
$
500.00
1
$
500.00
Concrete,
C"266! 1567
$
1,200.00
2
$
2,400.00
Field Testing"
Nuclear Field Density 3 min
$
- 20.00
2390
$
47800.00
Asphalt Core (up to 3" Additional $15 per inch $
60.00
10
$
800.00
Asphalt Thin lift nuclear gaLge hrl
$
20.00
Slum
$
20.00
100
$
2,000.00
Entrained Air
$
30.00
100
$
3,000.00
Temperature
$
5.00
100
$
500.00
C finders ea 4 min Enc making & testin
$
27.00
400
$
10 600.00
Tochnidan ! "needing
Technician Hourly Two hour minimum
$
49.00
2595
$ 127,155.00
Technician OT Hourly
$
59.09
259
$
15,281.00
" Field testing is billed in addition to Tech hourly rates
Sub Total $ 223 116.00
Project: 96th Street Remediation Albany Ave. to Huron Ave.
Date: 818/2011
Geotechnical Drillin2
Fee
Qt
Estimate
Drill Rig Mobilization
$
450,00
3
$
1,350.00
2 Man Crew Per Diem
$
240.00
10
$
2,400.00
Geotechrical Drilling per Foot
$
12.50
1860
$
23,250.00
LaborTest
Atterburg Limits
S
65.00
280
$
18,200.00
Gassification of soiis (inc washed rad
$
7000
280
$
19,600.00
Moisture content
S
10.00
434
$
4 340.00
Engineering
Senior Geotech
$
145,00
54
$
7,830.00
Graduate Engineer
$
85.00
100
$
8 500.00
Admin
$
1500
18
$
1,350.00
PM
$
190,00
10
$
1,900.00
M
Vehicle er mile
$
0 55
00
$
110.00
Sub Total $ 88,830-00
Total $ 311,946.00
Attachment C-4
Resolution No. 2011-RO368
ENGINEERING, INC. 7636 Pebble Drive
� .:' Port Worth, Testis 76118
cmi www.crnjengr corn
Proposal No. 11-3536 (Revised)
June 1, 2011
Kimley-Horn and Associates, Inc.
2201 West Royal Lane, Suite 275
Irving, Texas 75063-3206
Attn: Mr Jay VonAhsen, P.E.
Dear Mr. VonAhsen:
PROPOSAL FOR:
GEOTECHNICAL ENGINEERING SERVICES
SPECIFICATIONS AND SITE TESTING REVIEW
98TIl STREET PAVING IMPROVEMENTS
ALBANIA AVENUE TO HURON AVENUE
LUBBOCK, TEXAS
INTRODUCTION
CMJ Engineering, Inc. (CMJ) is pleased to submit a proposal for providing geotechnical
engineering and construction quality control oversight services in conjunction with the above -
referenced project.. We prepared this proposal based on a May 10, 2011 meeting with Messrs.
Jay VonAhsen, P.E and Brad Tribble, P.E., and on the preliminary scope submitted to this
office.
The project, as currently planned, will consist of reconstruction of 98`h Street. Major excavation
is planned and onsite soils will be placed back under proper compaction/testing conditions. A
Lubbock testing company will perform day-to-day testing; however, it is our understanding that
testing oversight is requested. Specifically, the following consultation phases are planned:
Review plans and specifications
Provide pre -construction consultation on qualifications for testing and fill testing analyses
Construction testing overview/monitoring
The following details the planned consultation services. Readers should understand that our
work will be paid via unit pricing The estimates for each phase can vary considerably by
construction progress and/or special field conditions requiring our additional services It is
assumed that CMJ will not perform actual field testing. CMJ cannot be responsible for the
engineering testing details and calculations that are out of our control.
Phone (817) 284-9400 Fax (817) 589-9993 Metro (817) 589-9992
CMJ ENGINEERING, INC
Kimley-Hom and Associates, Inc.
Proposal No 11-3536 (Revised)
June 1, 2011
Page 2
A. ENGINEERING AND TESTING CONSULTATION
The following detailed work scope is anticipated:
• Review plans and specifications
o Review geotechnical and testing standards/requirements
o Present additional field techniques to check/monitor settlement of fill during
construction
o Set-up criteria for construction testing
• Testing frequency
■ Testinglmonitoring type
• Identify requirements for test results reporting
• Provide recommendations for revised construction requirements
• Provide pre -construction consultation on qualifications for testing and fill testing analyses
o Recommend qualifications for field engineering technician
o Recommend minimum effort of field engineering technician
o Recommend test report submittal requirements
• Timing
• Distribution
• Fallow up of failed tests
o Recommend anticipated engineering laboratory technician and test timing criteria
• Construction testing overview/monitoring
o Attend pre -construction meeting
o Check credentials of field and laboratory engineering technicians
o Verify field engineering technician's communications/test resuits dissemination
o Review contractor's submittals related to geotechnical engineering or
engineering testing
o Review all test results
o Provide comments or clarification required on test results
o Review field instrumentation (e.g., settlement monitoring devices) readings;
comment thereof
CMJ ENGINEERING, INC.
Kimley-Horn and Associates, Inc.
Proposal No 11-3536 (Revised)
June 1, 2011
Page 3
o Provide consultation on geotechnical engineering -related issues arising during
construction
o Perform site visits, as required
The results of the above work scope will be published via e-mails and short letters, as
appropriate_ No formal report is planned.
Items other than those specified above, which are revealed by these studies or are necessitated
by a change in project scope, may require revised field, laboratory, and engineering services
These services, if required and requested, will be performed as Additional Services Additional
Services are described in Section Il.
B. COMPENSATION FOR BASIC SERVICES
It is proposed that the Basic Services described above be performed on a unit price basis The
following unit prices will be utilized during this contract:
Note:
Senior Principal Engineer $125/Hour cis
Staff Engineer $ 80/Hour
Senior Engineering Testing Manager $ 75/Hour c�a
Administrative Assistant $ 40/Hour
Expenses Cost + 15%
i'f Includes portal-to-portal travel time
The costs for Basic Services are difficult to estimate due to unknowns during construction. It is
our understanding that a 15 -month construction schedule is anticipated. The following estimate
is provided:
• Review Plans and Specifications $ 5,225
• Pre -Construction Testing Consultation $ 5,530
• Construction Testing Overview/Monitoring $54,475
Estimated Total
$ 65,234
Cost estimate details are provided on Attachments 1 through 3.
II. ADDITIONAL. SERVICES
A. AUTHORIZATION AND SCOPE
Additional Services will be performed only if specifically requested and authorized by Client.
Additional Services may consist of the following:
• Additionai subsurface exploration, including quantities or items other than described in
Basic Services..
CMJ ENGINEERING, INC..
Kirn[ey-Horn and Associates, Inc
Proposal No. 11-3536 (Revised)
June 1, 2011
Page 4
• Bulldozer or other equipment services required to achieve access to boring locations.
• Stand-by time or time in excess of one-half hour required for travel between boring
locations.
• Additional laboratory services, including quantities or items other than described in Basic
Services.
• Additional insurance coverage or limits (if available) other than CMJ's standard policies.
• Additional engineering services, including personnel time and expenses for items not
specifically described in Basic Services. This may include, but is not limited to,
additional meetings requested by Client or Client's other consultants, assistance to
Client in dealing with regulatory agencies, preparation and engineering assistance in
legal proceedings, and evaluation of alternative designs for the project or relocation of
structure, following initial submittal of the geotechnical report
• Additional copies of the report, other than the number described in Basic Services.
• Any other required or requested services authorized by Client, other than those
specifically described in Basic Services.
B„ COMPENSATION AND SCHEDULE FOR ADDITIONAL SERVICES
Additional Services, when authorized by Client, will be in accordance with our Schedule of Fees..
Additional Services will be performed at reasonable times and within reasonable schedules as
requested by Client. Authorized Additional Services will be billed as a separate item on invoices
and a description of the Additional Services will be provided.
Ill.. TERMS AND CONDITIONS
The scope of services will be performed pursuant to standard contract with Kimley-Horn and
Associates, Inc.
Thank you for the opportunity to present this proposal. Do not hesitate to call if you have any
questions or if you have suggestions regarding changes to the agreement or to the proposed
scope of services.
CMJ ENGINEERLNG, INC..
Kimley-Horn and Associates, Inc.
Proposal No 11-3536 (Revised)
June 1, 2011.
Page 5
We look forward to working with Kimley-Horn and Associates, inc. on this project..
Respectfully submitted,
CMJ ENGINEE41NG-,-44
Clharles M Jackson, P.
Senior Engineering Consultant
copies submitted: (1) Mr Jay VonAhsen, P.E ; Kimley-Horn and Associates, Inc. (by e-mail)
(1) Mr Brad Tribble, P E ; Kimley-Ham and Associates, Inc (by e-mail)
Resolution No. 2011-RO368
ATTACHMENT I
CMJ ENGINEERING, INC.
GEOTECHNICAL ENGINEERING SERVICES
BASIC SERVICES COST ESTIMATE
PROPOSAL: 11-3536 (Revised)
DATE: June 1, 2011
PROJECT: REVIEW PLANS AND SPECIFICATIONS
98TH STREET PAVING IMPROVEMENTS
LUBBOCK, TEXAS
ENGINEERING SERVICES
Quant.
Unit $
Total $
*Senior Principal Engineer
25
125.00
3,125.00
Staff Engineer
20
8000
1,600.00
Administrative Assistant
10
4000
400.00
Misc. Expense (report production, mileage, etc.)
1
100.00
10000
TOTAL ESTIMATE - Review Plans and Specifications $ 5,225.00
Note:
*Includes one trip to Lubbock for meeting with the City; assumes travel expenses paid
by Kimley-Hom and Associates, Inc.
Resolution No. 2011-RO368
ATTACHMENT 2
CMJ ENGINEERING, INC.
GEOTECHNICAL ENGINEERING SERVICES
BASIC SERVICES COST ESTIMATE
PROPOSAL: 11-3536 (Revised)
DATE: June 1, 2011
PROJECT: PRE -CONSTRUCTION TESTING CONSULTATION
98TH STREET PAVING IMPROVEMENTS
LUBBOCK, TEXAS
ENGINEERING SERVICES
Quant
Unit $
Total $
Senior Principal Engineer
30
125.00
3,750.00
Staff Engineer
4
80.00
320.00
Senior Engineering Testing Manager
4
7500
300.00
Administrative Assistant
4
4000
16000
Misc. Expense (report production, mileage, etc.)
1
1,004.00
1,00000
TOTAL ESTIMATE - Pre -Construction Testing Consultation $ 5,530.00
Includes two trips to Lubbock; one for the pre -construction meeting
and one for meeting the construction testing firm(s)
Resolution No. 2011-80368
ATTACHMENT 3
CMJ ENGINEERING, INC.
GEOTECHNICAL ENGINEERING SERVICES
BASIC SERVICES COST ESTIMATE
PROPOSAL: 11-3536 (Revised)
DATE: June 1, 2011
PROJECT: CONSTRUCTION TESTING OVERVIEW (MONITORING)
98TH STREET PAVING IMPROVEMENTS
LUBBOCK, TEXAS
ENGINEERING SERVICES
*Senior Principal Engineer
175
125,00
21,875 00
Staff Engineer
325
8000
26,000.00
Senior Engineering Testing Manager
20
75.00
1,500.00
Administrative Assistant
65
40.00
2,600.00
Misc. Expense (report production, mileage, etc)
1
2,50000
2,50000
TOTAL ESTIMATE - Construction Testing Overview/Monitoring $54,47500
Note:
* (1) Provides for four site trips (one day each)
(2) Assumes 15 -month construction schedule