HomeMy WebLinkAboutResolution - 2019-R0411 - Amendment 1 with Kimley-Horn and Associates - 11_19_2019Resolution No. 2019-RO411
Item No. 6.12
November 19, 2019
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, Amendment No. I to Contract No. 13877 dated December
18, 2017, for professional services for the South Lubbock Sanitary Sewer Extension Phase 3, by
and between the City of Lubbock and Kimley-Horn and Associates, Inc., of North Carolina, and
related documents. Said Amendment 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 November 19, 2019
DANIEL M. POPVYOR,
ATTEST:
Reb ca Garza, City Secretar
APPROVED AS TO CONTENT:
Michael G. Keenum, P.E.,
Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
K Ili Leisure, Assistant City Attorney
ccdocs.:RES.Amend I to Contract 13877
October 21, 2019
Resolution No. 2019-RO411
Amendment I
To Agreement Between
The City of Lubbock, TX
And
Kimley-Horn and Associates, Inc.
THIS IS THE FIRST AMENDMENT TO THE AGREEMENT, Contract No. 13877 dated and entered
into the 18th day of December 2017 by and between the City of Lubbock ("City") and Kimley-Horn and
Associates, Inc. ("Engineer"), a North Carolina Corporation, for providing professional services for the
South Lubbock Sanitary Sewer Extension Phase 3 ("Project").
WFI NESSETH:
WHEREAS, now the City desires to revise the scope of services to Contract No, 13877 to include the
provision of bidding and construction contract administration services. The details of work to be
performed are fully described in the Scope of Work, Exhibit "A", and set forth as fully incorporated
herein. Compensation for the additional services set forth in Exhibit "A" shall not exceed $132,300 and
are to be billed at such rates as set forth in the Budget Summary set forth in Exhibit "B". Time of
completion for the additional services shall not exceed more than 600 days.
WHEREAS, all other portions of the original Agreement shall remain in place and are not altered by this
amendment.
NOW, THEREFORE, the City and the Engineer agree to the terms of this FIRST AMENDMENT:
IN WITNESS HEREOF, the parties have executed this Agreement as of this 121h day of
November 2019.
CITY OF LUBBOCK
U.I.-
Daniel M. Pope, Mayor
ATTEST:
ADA &0,4
eb ca Garza, City Secret ry
Page I of 2
APPROVED AS TO CONTENT:
114� 4420.��
Michael Keenum, P.E., Division Director of Engineering/City Engineer
n Turpin, P.�iXant City Engineer/Capital Projects and Design
APPROVEM S TO FORM:
rOTLAPPt Leisure, Assistant City Attorney
Kimley-Horn and Associates, Inc.
By: . Allif J
1Y.111- -JMpdScott R. Arnold, P.E., Assistant Secretary
Page 2 of 2
Exhibit A to Amendment Number 1, dated
.2019.
Proiect Understanding
Amendment Number 1 is for Construction Contract Administration Services relating to the
construction of Phase 3 of the South Lubbock Sanitary Sewer Extension project. The limits of the
Project are Quaker Avenue to Chicago Avenue, The Engineer understands that the City will provide
inspection services, and Resident Project Representative services are excluded from this scope of
services.
Engineer shall perform the following Professional Services:
Task 1 — Construction Contract Administration (CCA) Services
1. Pre -Construction Conference. Engineer will prepare for and attend one Pre -
Construction Conference prior to commencement of Work at the Site.
Visits to Site and Observation of Construction. Engineer will make visits as directed
by City in order to observe the progress of the work. This task assumes 11 site visits. Such
observations will not be exhaustive or extend to every aspect of Contractor's work.
Observations will to be limited to spot checking, selective measurement, and similar
methods of general observation. Based on information obtained during site visits, Engineer
will evaluate whether Contractor's work is generally proceeding in accordance with the
Contract Documents, and Engineer will keep City informed of the general progress of the
work.
Engineer will not supervise, direct, or have control over Contractor's work, nor shall
Engineer have authority to stop the Work or have responsibility for the means,
methods, techniques, equipment choice and usage, schedules, or procedures of
construction selected by Contractor, for safety programs incident to Contractor's
work, or for any failure of Contractor to comply with any laws. Engineer does not
guarantee the performance of any Contractor and has no responsibility for
Contractor's failure to perform its work in accordance with the Contract Documents.
3. Recommendations with Respect to Defective Work. Engineer will recommend to City
that Contractor's work be disapproved and rejected while it is in progress if, on the basis
of its observations, Engineer believes that such work will not produce a completed Project
that generally conforms to the Contract Documents.
a. Clarifications and Interpretations. Engineer will respond to up to four Contractor
requests for information and issue necessary clarifications and interpretations of the
Contract Documents. Any orders authorizing variations from the Contract Documents will
be made by City.
5. Change Orders. Engineer may recommend Change Orders to the City and will review
and make recommendations related to Change Orders submitted or proposed by the
Contractor. This task includes up to three change orders.
6. Shop Drawings and Samples. Engineer 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, schedules, or procedures of construction or to
related safety programs. This task includes up to nine shop drawing reviews.
7. Substitutes and "or -equal." Engineer will evaluate and determine the acceptability of
substitute or "or -equal" materials and equipment proposed by Contractor in accordance
with the Contract Documents.
8. Inspections and Tests. Engineer may require special inspections or tests of Contractor's
work as Engineer deems appropriate and may receive and review certificates of
inspections within Engineer's area of responsibility or of tests and approvals required by
laws or the Contract Documents. Engineer's review of certificates will be for the purpose
of determining that the results certified indicate compliance with the Contract Documents
and will not be an independent evaluation that the content or procedures of such
inspections, tests, or approvals comply with the requirements of the Contract Documents.
Engineer shall be entitled to rely on the results of such tests.
9. Disagreements between City and Contractor. Engineer will, if requested by City, render
written decision on all claims of City and Contractor relating to the acceptability of
Contractor's work or the interpretation of the requirements of the Contract Documents. In
rendering decisions, Engineer shall be fair and not show partiality to City or Contractor and
shall not be liable in connection with any decision rendered in good faith.
10. Applications for Payment. Based on its observations and on review of applications for
payment and accompanying supporting documentation, Engineer will determine the
amounts that Engineer recommends Contractor be paid. Such recommendations of
payment will be in writing and will constitute Engineer's representation to City, based on
such observations and review, that, to the best of Engineer'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, Engineer'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, Engineer 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 Engineer in
this Agreement. It will also not impose responsibility on Engineer 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 City free and clear of any liens, claims,
security interests, or encumbrances, nor that there may not be other matters at issue
between City and Contractor that might affect the amount that should be paid.
11. Substantial Completion. Engineer will, after notice from Contractor that it considers the
Work ready for its intended use, in company with City 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.
12. Final Notice of Acceptability of the Work. Engineer 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 Engineer may recommend final payment to
Contractor. Accompanying the recommendation for final payment, Engineer shall also
provide a notice that the Work is generally in accordance with the Contract Documents to
the best of Engineer's knowledge, information, and belief based on the extent of its services
and based upon information provided to Engineer.
13. Limitation of Responsibilities. Engineer 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. Engineer shall not have the authority
or responsibility to stop the work of any Contractor.
14. 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. Engineer is not responsible for the accuracy of the information provided by
others. Engineer will provide the following deliverables:
a. One 22"x34" set of black line Record Drawings
b. One set of .PDF file Record Drawings
c. One digital file (.kmz or .DWG) of the final alignment.
Additional Services
Additional services to be performed if authorized by the City, but which are not included in the
above -described Scope of Services, are as follows:
1. Resident Project Representative services.
2. Accompanying the City when meeting with the TCEQ, U.S. Environmental Protection
Agency, or other regulatory agencies during the course of the Project, beyond those
meetings identified above. The Engineer will assist the City on an as -needed basis in
preparing compliance schedules, progress reports, and providing general technical
support for the City's compliance efforts.
3. Assisting City or Contractor in the defense or prosecution of litigation in connection with
or in addition to those services contemplated by this Agreement. Such services, if any,
will be furnished by the Engineer on a fee basis negotiated by the respective parties
outside of and in addition to this Agreement.
4. Sampling, testing, or analysis beyond that specifically included in the Scope of Services
referenced herein above.
5. Preparing applications and supporting documents for government grants, loans, or
planning advances, and providing data for detailed applications.
6. Appearing before regulatory agencies or courts as an expert witness in any litigation with
third parties or condemnation proceedings arising from the development or construction
of the Project, including the preparation of engineering data and reports for assistance
to the City.
7. Providing professional services associated with the discovery of any hazardous waste or
materials in the project site.
8. Additional meetings beyond those identified in the Scope of Services.
9. Preparation for and attendance to public meetings to discuss the project.
10. Any services not listed in the Scope of Services.
Schedule
Engineer will provide the Construction Phase Services as indicated in the contract documents
regarding Time of Completion.
Fee and Billin
Engineer will provide the Reimbursable Tasks identified in the Scope of Services on a labor fee
plus expense basis total, not to exceed $132,300 for the reimbursable tasks, which includes all
reimbursable expenses. The not to exceed amount will not be exceeded without the City's prior
written approval and amendment of this Agreement.
The reimbursable fee breakdowns below are provided for budgeting purposes only and are not
intended to represent a specific budget for each reimbursable task. Engineer reserves the right to
reallocate the reimbursable budget among tasks as determined necessary by Engineer. Labor
fees will be billed according to the rate schedule shown in the Agreement.
Direct reimbursable expenses including express delivery services, fees, and other direct expenses
will be billed at 1.10 times cost. An amount will be added to each invoice to cover certain other
expenses such as in-house duplicating, local mileage, telephone calls, facsimiles, postage, and
word processing. Administrative time related to the project will be billed hourly. Technical use of
computers for design, analysis, GIS, and graphics, etc. will be billed at $10.00 per hour. All
permitting, application, and similar project fees will be paid directly by the City.
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.
Kimley»)Horn
Task Fee Calculation
ProjectGeneral • •
Client: City of Lubbock
Project: S. Lubbock SS Ext Ph. 3
KHA No: 063126023
PM: Aaron Rader
Task Effort Summary
Labor:
$ 119, 000
Expenses:
$ 6,100
Office Exp.
$ 7,200
TOTAL.
132,300
cap` c� �g1
. ocQ`oti Q`o�mey`oc�ti�y���
y
Date: September 10, 2019
Task Information
Number: 1
NameConstruction Phase Svcs
Task Mgr: Kenny Friar
Task Descriptions: GLC:
PS
P5
P3
I N5
(Hrs)
—
Expenses IF)
Prepare for and attend Pre -Con Mtg
9
18
27
$ 500
Request for Information (Assume 4)
4
24
36
16
B0
Shop Drawing/Submittal Review (Assume 9)
5
45
45
94.5
Change Orders (Assume 3)
6
18
24
48
Prepare for and attend Site Meetings
30
44
44
118
$ 6.000
(1 per Month for 11 months)
Contractor Pay Application Review/Process
6
11
22
22
60.5
General QCIPM1Admin
10
40
20
70
Final Walk Through
10
10
20
Record Drawings
4
18
40
62
Project Closeout
5
10
10
25
Subtotals:
691
229
2391
68
605
$ 5.500
02 SLSS Ph3-BPA Amend 1 Attachment Hourly Breakdown Asm
Page 1 of 1
Printed: 2019-09-10, 2:45 PM
Resolution No. 2017-RO487
Item No. 6.10
December 18, 2017
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, Professional Services Contract No. 13877 for engineer
services for the South Lubbock Sanitary Sewer Extension, Phase 3, by and between the City of
Lubbock and Kimley-Horn and Associates, Inc., and related documents. Said Contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on December_ 18, 20U
DANIEL M. POPE, MAYOR -�
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
,' "&e- L..
Michael G. Keenum, P.E., City Engineer
APPROVED AS TO FORM:
�c
Kelli Leisure, Assistant City Attorney
ccdocs/RES.PSC 13$77.South Lubbock Sanitary Sewer Extension, Phase 3
12.05.2017
Resolution No. 2017-RO487
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Professional Service Agreement ("Agreement") Contract No. 13877 is entered into this 18th
day of December 2017, is by and between the City of Lubbock (the "City"), a Texas home rule municipal
corporation, and Kimley Horn and Associates, Inc., (the" Engineer"), a North Carolina corporation.
WITNESSETH
WHEREAS, The City desires to contract with. the Engineer to provide professional services for
South Lubbock Sanitary Sewer Extension, Phase 3, (the "Activities"); and
WHEREAS, the Engineer has a professional staff experienced and is qualified to provide
professional the Engineer services related to Activities, and will provide the services, as defined below,
for the price provided herein, said price stipulated by the City and the Engineer to be a fair and reasonable
price; and
WHEREAS, the City desires to contract with the Engineer to provide professional services
related to the Activities desires to provide the Services related to same.
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in
this Agreement, the City and the Engineer hereby agree as follows:
ARTICLE I. TERM
The term of this Agreement commences on the Effective Date and continues without interruption
for a term of 730 days. If the Engineer determines that additional time is required to complete the Services,
the City Engineer, may , but is not obligated to, in his or her discretion, execute an agreement to grant up
to an additional six (6) months of time so long as the amount of the consideration does not increase. An
amendment to this Agreement resulting in an increase in the amount of the consideration must be approved
by the City acting through its governing body.
Page 1 of 10
ARTICLE H. SERVICES AND COMPENSATION
A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit
"A", attached hereto (the "Services").
B. The Engineer shall receive as consideration to be paid for the performance of the Services, in
an amount not to exceed $606,200, as set forth in Exhibit "B".
ARTICLE M. TERMINATION
A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty
(30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only
pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to
have received notice of termination, as provided herein.
B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this
Agreement: the City shall be entitled to exercise any right or remedy available to it by this Agreement, at
law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an
action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the
concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative.
ARTICLE IV. NON - ARBITRATION
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising
its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive,
and may be exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this Agreement, this provision shall control.
ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. The Engineer is a corporation duly organized, validly existing, and in good standing
under the laws of the State of Texas and is qualified to carry on its business in the State of Texas.
B. Corporate power. The Engineer has the corporate power to enter into and perform this
Agreement and all other activities contemplated hereby.
Page 2 of 1D
C. Authorization. Execution, delivery, and performance of this Agreement and the activities
contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part
of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is
enforceable in accordance with the terms thereof.
D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified
specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both
state and federal, including, without limitation the applicable laws, regarding the Activities contemplated
hereby.
E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement
in accordance with the standard of care, skill and diligence normally provided by a professional person in
performance of similar professional services, and comply with all applicable laws, rules, and regulations,
both state and federal, relating to professional services, as contemplated hereby.
F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer
for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other
party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance
or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely
responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this
requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused
to City or to which City is exposed on account of the Engineer's Failure to perform this duty.
ARTICLE VI. SCOPE OF WORK
The Engineer shall accomplish the following: Professional Services related to the Services, as
provided in Exhibit'W', attached hereto and made a part hereof.
ARTICLE Vil. INDEPENDENT CONTRACTOR STATUS
The Engineer and the City agree that the Engineer shall perform the duties under this Agreement
as an independent contractor and shall be considered as independent contractor under this Agreement and/or
in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in
which the Services are to be performed. During the performance of the Services under this Agreement, the
Engineer and the Engineer's employees and/or sub -consultants, will not be considered, for any purpose,
employees or agents of the City within the meaning or the application of any federal, state or local law or
Page 3 of 10
regulation, including without limitation, laws, rules or regulations regarding or related to unemployment
insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind.
ARTICLE VIII. INSURANCE
The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement,
except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance
satisfactory to the City, carried with an insurance company authorized to transact business in the state of
Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including
without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in
full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub -
consultant of the Engineer t to obtain and maintain in full force and effect during the term of this Agreement,
commercial general liability, professional liability and automobile liability coverage for non -owned and
hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance
companies must carry a Best's Rating of A-VU or better. Except for Professional Liability, the policies will
be written on an occurrence basis, subject to the following minimum limits of liability:
Commercial General Usability:
Per Occurrence Single Limit: $1,000,000
General Aggregate Limit: $2,000,000
Professional Liability:
Combined Single Limit: $1,000,000
Automobile Liability:
Combined Single Limit for any auto: $1,000,000 Per Occurrence
Employer's Liability:
Per Occurrence Single Limit: $1,000,000
The Engineer shall further cause any approved subcontractor or sub -consultant to procure and
carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including
without limitation, Professional Liability coverage, protecting the City against losses caused by the
professional negligence of the approved subcontractor or sub -consultant. The City sball be listed as a
primary and noncontributory additional insured with respect to the Automobile Liability and Commercial
General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall
provide a Certificate of Insurance to the City as evidence of coverage.
Page 4 of 10
The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured
endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The
Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas
Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and
shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains
said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of
Worker's Compensation. In either event, the policy trust be endorsed to include a waiver of subrogation in
favor of the City. If at any time during the life of the Agreement or any extension hereof, the Engineer fails
to maintain the required insurance in full force and effect, the Engineer shall be in breach hereof and all
work under the Agreement shall be discontinued immediately.
Notwithstanding anything contained herein to the contrary, the professional liability policy shall be
maintained at the Engineer's sole cost and expense. The retroactive date shall be no later than the
commencement of the performance of this Agreement and the discovery period (possibly through tail
coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement.
The provisions of this Article VM shall survive the termination or expiration of this Agreement
ARTICLE ix. EWLOYII'IENT OF AGENTS/RETAMMG OF CONSULTANTS
The Engineer may employ or retain consultants, contractors, or third parties (any of which are
referred to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit "A",
attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants.
The Engineer is at all tunes responsible to the City to perform the Services as provided in this Agreement
and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any
approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall
be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming
said third parties as additional insureds, insurance as described above required to be carried by the Engineer
in this Agreement.
The Engineer represents that such services are either under applicable value thresholds or are
otherwise exempt from notice and/or bid requirements under Texas Law.
Page 5 of 10
ARTICLE X. CONFIDENTIALITY
The Engineer shall retain all information received from or concerning the City and the City's
business in strictest confidence and shall not reveal such information to third parties without prior written
consent of the City, unless otherwise required by law.
ARTICLE XL I DEYMTY
THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK
AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS,
ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE,
OR DESCRIPTION, INCLUDING WITHOUT LIlv1TITNG THE GENERALITY OF THE FOREGOING,
ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR
DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY
ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO
OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES,
AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR
OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED
PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE
EXPIRATION OR TERMINATION OF THIS AGREEMENT.
ARTICLE = COMPLIANCE WITH APPLICABLE LAWS
The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances,
rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any
amendments thereto.
ARTICLE XIII. NOTICE
A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required
or permitted by this Agreement and no other method of notice is provided, such notice shall be given by
(1) actual delivery of the written notice to the other party by hand (in which case such notice shall be
effective upon delivery); (2) facsimile (in which case such notice shall be effective uponn delivery); or (3)
by depositing the written notice in the United States snail, properly addressed to the other party at the
address provided in this article, registered or certified mail, return receipt requested, in which case such
notice shall be effective on the third business day after such notice is so deposited.
Page 6 of 10
B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are:
KIMI.EY HORN AND ASSOCIATES, INC.
Aaron K. Rader, P.E.
13829 Technology Drive
Suite A-2
Oklahoma City, Oklahoma 73134
Telephone: 405-241-5454
C. City's Address. The Citys address and numbers for the purposes of notice are:
John Turpin, P.E.
City of Lubbock
P.O. Box 2000
1625 13th Street
Lubbock, Texas 79457
Telephone: 806-7752342
D. Change of Address. Either party may change its address or numbers for purposes of notice by
giving written notice to the other party as provided herein, referring specifically to this Agreement, and
setting forth such new address or numbers. The address or numbers shall become effective on the 15th day
after such notice is effective.
ARTICLE MY. CITY -PROVIDED DATA AND RESPONS113ELrIUS
Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other
available data in the possession of the City pertinent to the Engineer's Services, so long as the City is
entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under
this Agreement (the "Provided Data 1. The Engineer shall he entitled to use and rely, so long as such
reliance is reasonable, upon all such provided Data.
ARTICLE XV. bUSCELLANEOUS
A. Captions. The captions for the articles and sections in this Agreement are inserted in this
Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not
be given any effect in construing this Agreement.
B. Audit The Engineer sball provide access to its corporate books and records to the City. The City
may audit, at its expense and during normal business hours, the Engineer's books and records with respect
to this Agreement between the Engineer and the City.
Page 7 of 10
C. Records. The Engineer shall maintain records that are necessary to substantiate the services
provided by the Engineer.
D. Assignability. The Engineer may not assign this Agreement without the prior written approval
of the City.
E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the
Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the
case of the Engineer, its permitted successors and assigns.
F. Construction and Venue.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITHTHE
LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK
COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE
AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT
JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF
ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
ACTIONS THAT ARE CONTEMPLATED HEREBY.
G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any
court of competentjurisdiction with respect to any person or circumstance, the remainder of this Agreement
and the application of such provision to persons and/or circumstances other than those with respect to which
it is held invalid or ineffective shall not be affected thereby.
H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be
binding unless such amendment, modification, or alteration is in writing, dated subsequent to this
Agreement, and duly authorized and executed by the Engineer and the City.
I. Entire Agreement This Agreement, including Exhibits "A" through "B" attached hereto, contains
the entire agreement between the City and the Engineer, and there are no other written or oral promises,
conditions, warranties, or representations relating to or affecting the matters contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint
enterprise, partnership or principal -- agent relationship between the Engineer and the City.
Page 8 of 10
K. Documents Owned by City. Any and all documents, drawings and specifications prepared by
Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has
been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work
products for its files.
L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement
must be in writing and duly authorized to be effective. In the event either party shall execute and deliver
such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent
breach.
M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or
benefits whatsoever to any party other than the City and the Engineer.
N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the
availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of
funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City
will terminate the Agreement, without termination charge or other liability, on the last day of the then -
current fiscal year or when the appropriation made for the then -current year for the services covered by this
Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are
not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on
thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall
not be obligated under this Agreement beyond the Non -Appropriation Date.
O. No Boycott of Israel. The Engineer warrants that it complies with Chapter 2270, Subtitle F,
Title 10 of the Texas Government Code by verifying that:
(I) The Engineer does not boycott Israel; and
(2) The Engineer will not boycott Israel during the term of the Agreement.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
Page 9 of 10
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
ATTEST:
D , L", —5y—
Retie ca Garza, City Secrel4ru
APPROVED AS TO CONTENT:
A 14
-4-j� p-
Michael G. Keenum, P.E., City Engineer
ohn Turp n, P gineering CIP and
Design Se Manager
APPROVED AS TO FORM:
Ke li Leisure, Assistant City Attorney
DANIEL M. POPE, MAYOR
Firm
Kimley- aCAss'aces, Inc.
By:
S i ' t
Page 10 of 10
EXMIT "A"
Scope of Services for
South Lubbock Sanitary Sewer Extension Phase 3
Proiect Understanding
This project is identified in the City of Lubbock Wastewater Master Plan, August 2009, as the
130"h Street Gravity Line. Phase I of this project consisted of an extension from the Southeast
Water Reclamation Plant to the intersection of 9P St. and Avenue P. Phase 2 of this project
consisted of an extension from 98`s Street and University Ave. to 136" St. and Quaker Ave. This
Agreement will extend the sanitary sewer line from Quaker Ave. to Frankford Ave.
The Final Design of the sanitary sewer extension is based on the approved alignment shown in the
attached exhibit. The Scope of Services for future bidding/construction phase services, as
recommended by the City of Lubbock, is not included and may be provided as an amendment to
this contract.
Task I --- Project Management
A. Prepare for and conduct monthly progress meetings to monitor the development of the
project. Six (6) total meetings in Lubbock are anticipated.
B. Prepare and e-mail monthly progress reports to the project team (City, subconsultants (as
necessary), and KHA Staff).
C. Prepare project correspondence and invoicing documents.
D. Coordination with subconsultant and City regarding Land Acquisition of easements.
Task 2 — Topographic Survey
A. Establish control monuments (3 per mile) with aluminum caps set in concrete with static
GPS based on approval from City of Lubbock (this work will be from Quaker Ave. to
Frankford Ave.).
B. Establish a vertical control for monuments using digital level and City of Lubbock control
on NAVD 88/NAD 83.
C. Perform a field survey to identify and locate existing topographic elements within the
sanitary sewer alignment including, but not limited to the following:
a. Property comer monuments
b. Existing pavement, curbs, sidewalks, barrier free ramps, etc.
c. Roadway and lane striping
d. Driveways
e. Existing culvert sizes and invert elevations
f. Existing driveways and swales
g. Utility manholes, vaults, water valves, water meters, telephone poles, power poles,
utility markers, other public utilities, and franchise utilities
h. Traffic signal poles, cabinets, and other signal equipment
i. Signs (excluding temporary signs)
j. Trees, including species and caliper Buildings and permanent structures
k. Retaining walls
1. Fence limits and material types (excluding temporary fences)
ATTACHMENT "A" - 1 OF 9
m. Other applicable physical features that could impact design
D. Prepare a right-of-way / easement base map
a. The right-of-way / easement base map shall be contained on standard size plan
sheets (22"x34") at a scale not smaller than I" = 30', shall be sealed, dated, and
signed by a Registered Professional Land Surveyor and shall contain the following:
i. Summary sheet listing all parcels to be acquired, property owners, gross
area of property, square footage and type of easements, net area of
property after acquisition, a column for volume and page of filing, and
current volume and page
H. Comers of all parcels tied to the centerline
iii. Location of all existing property pins
iv. Location of all new property pins
v. Parcel number
vi. Area required
vii. Area remaining
viii. Current owner
ix. Any existing platted easements or easements filed by separate instrument
including easements provided by utility companies
E. Prepare a final topographic drawing in digital format (including contours and break lines)
showing the features located in the field as well as right-of-way base map information, an
ASCII coordinate file of the points located in the field, and a hard copy of the coordinates
and feature descriptions
Task 3 — Final Design
F. Geotechnical
a. Subsurface Exploration
i. Seven (7) bores will be taken to a depth ranging from 15 to SO feet below
existing grade to determine subsurface conditions and make
recommendations regarding embedment, backfill and excavation
parameters.
U. Soil samples obtained from the test borings will be identified according to
test boring number and depth, and a representative portion of each sample
will be sealed in a plastic bag to protect against moisture loss.
b. Laboratory Services
i. Samples will be transported to the laboratory where they will be examined
and visually classified by a Geotechnical Engineer using the AASHTO and
Unified Soil Classification System (USCS) in general accordance with
ASTM D 2488. To aid in classification of the soils and determination of
their selected engineering characteristics, a testing program will be
conducted on selected samples in general accordance with the following
standards:
ATTACHMENT'A" • 2 OF 9
Laboratory Test
Test Standard
Moisture Content
ASTM D 2216
Atterberg Limits
ASTM D 4318
Percent Passing No. 200 Sieve
ASTM D 1140
c. Engineering Services
i. Laboratory test results will be used to classify the soils according to the
AASHTO soil classification and also determine the soil and groundwater
conditions relative to utility installation.
ii. Prepare a geotechnical report that presents the results of the field and
laboratory data as well as analyses and recommendations. The data
contained in the geotechnical report will be made available to contractors
during the bidding process for information purposes only.
G. Franchise Utility Coordination
a. This agreement includes Subsurface Utility Engineering (SUE) Quality Level C
(QUV) which includes QL"D" information supplemented with information
obtained by surveying visible above -ground utility features such as valves,
hydrants, meters, manhole covers, etc.
b. Send notification letters to identified franchise utility companies to obtain their
applicable record drawing information.
c. Perform conflict analysis based upon information received through topographic
survey and franchise utility record drawings.
d. Coordination with franchise utility companies on location, protection, and/or
relocation of identified utilities.
e. The due -diligence provided for this project will consist of reviewing "As -Built"
documents available from the City and utility owners. Utilities that are not
identified through these efforts will be here forth referred to as "unknown" utilities.
Locating and designating these "unknown" utilities outside of the immediate route
area is not included in this work.
H. Plans
a. Prepare engineering plans, specifications, and construction contract documents for
project bidding and regulatory approval. Plans will consist of 22"x 34" plan and
profile sheets at 1"=40'. The Consultant anticipates preparing approximately 25-35
plan sheets. The Consultant will provide the following information on the plan
sheets:
i. Civil sheets
1. Cover
2. General project notes
I Horizontal and vertical control
4. Plan and profile view
5. Erosion control plan
6. Traffic control plan
7. Pavement repair details
8. Construction details
ATTACHMENT "A" - 3 OF 9
I. Contract Documents
a. Specifications will include technical specifications for materials and installation of
the proposed facilities. The Contract Documents will be based upon the Client's
Standard Contract documents. The Client's requirements for Public Works
Construction will govern all other specifications.
J. Permitting
a. Submit plans and specifications to TCEQ for review.
b. Assist Client with TxDOT and County permit application by providing required
documentation.
K. Perform up to four (4) site visits with City Staff to verify existing conditions and proposed
design components.
L. Submit to the Client 60% complete plans, specifications, contract documents, and OPCC
for review and comments.
M. Make revisions based on the Client's review of the 60% submittal.
N. Submit to the Client 95% complete plans, specifications, contract documents, and OPCC
for review and comments.
O. Make revisions based on the Client's review of the 95% submittal.
P. Submit Final plans, specifications, contract documents, and OPCC to client.
Meetings:
A. Meet with Client to present 600/c complete plans, specifications, contract documents and
an OPCC for this phase of the project.
B. Meet with Client to present 95% complete plans, specifications, contract documents and
an OPCC for this phase of the project.
Deliverables:
A. Three (3) copies of 60% complete plans, specifications, contract documents and an OPCC
for review and continent.
B. Three (3) copies of 95% complete plans, specifications, contract documents and an OPCC
for review and comment
C. Three (3) copies of final plans, contract documents and OPCC
ATTACHMENT W - 4 OF 9
Task 4 — Land Acquisition Services
Provide services necessary to acquire rights -of -way in a form acceptable to the Client. Services
will be provided in accordance with HB 1495 — The Land Owner's Bill of Rights. The limits of
the land acquisition will be from Quaker Avenue to Frankford Avenue (5 parcels are anticipated
for land acquisition). Major tasks for land acquisition services and rights -of -way will include the
following items.
A. Document preparation - Consultant will be responsible for surveys, legal descriptions, and
parcel plats required for the acquisition of the necessary rights -of -way. The necessary legal
documents will be filed at the Lubbock County Courthouse for acquisition of the
necessary rights -of -way. The right-of-way documents will be submitted to the Client for
review.
B. Title information - Title Policies will be purchased based on the Texas Title Insurance
Premium Rates effective at the time of purchase. A premium rate table is attached.
Consultant will prepare the necessary title examinations to research and retrieve deeds for
affected parcels. Information from the title examination including land owner name, a copy
of the warranty deed, and a description of the necessary easement affecting the property
will be provided to the Client. A copy of the Title Commitment for each property,
including a review of liens or other exceptions, will be provided to the Client. A
determination as to the acceptability of the exceptions will be the responsibility of the
Client. Any actions required to clear title are outside this scope of services and will be
negotiated as additional services if necessary.
C. Negotiation - Consultant will provide services relating to right-of-way acquisition.
Permission from land owners of affected parcels will be obtained and signed
documentation provided to others requiring access to the subject tracts to fulfill specific
contractual obligations. If necessary, negotiations for compensation for right -of -entry will
be conducted in consultation with the Client. A good faith effort will be made to obtain
the necessary rights -of -way through the negotiation process, which will generally consist
of no less than three contacts with the property owner or authorized representative.
Generally, no more than five contacts will be necessary to either reach an agreement or
determine if further negotiations would be non -productive and eminent domain actions
necessary. If absentee owners are involved, the negotiations may be conducted via
telephone, fax, or by mail. If the schedule for acquisition of the right-of-way or other
factors arises, which make it expedient, travel outside of the project area to meet with the
absentee owners may be desirable. If such events arise, the travel must be specifically
authorized by the Client. If such travel is authorized the expenses involved including the
agents time will be considered as additional services. The initial offer made to the
property owner will be based on the value approved as previously discussed in No. I and
2 above. All counter-offers by the property owner along with recommendations will be
presented to the Client for their consideration. Meetings will be held with appropriate
Client staff or the City Council as necessary to present negotiation information. Meetings
with the City Council will be held as scheduled for regular and special sessions. The Client
must approve such counter offers prior to authorizing any requested changes. All
monetary offers made to the property owners will be within the limits authorized by the
ATTACHMENT W - 5 OF 9
Client in the various stages of the negotiation. After reaching an agreement with the
landowner on the consideration and all other terms of the transaction, a Memorandum of
Agreement (MIA) executed by the property owner will be forwarded to the Client for
ratification. This MIA will set forth the compensation and any other terms and conditions
agreed upon. The Client will be responsible for obtaining the ratification and for returning
the ratified MIA. The document will then be signed and recorded at the Lubbock County
Courthouse. The payment to the property owner and the closing procedures will be in
compliance with the procedures defined in No. 7, Closing Procedures, below. In the
event these good faith efforts fail to produce a satisfactorily negotiated agreement,
Consultant will recommend the Client use the power of Eminent Domain to acquire the
right-of-way. Services for this task will be compensated on a per man day not -to -exceed
basis. Services relating to actions involving Eminent Domain are not included in this scope
of services and must be authorized by the Client as additional services.
D. Title review for oil and gas leases and severed mineral rights - A review of the Title
Commitment will be performed to ascertain if any outstanding oil and gas leases are
effective and valid for each parcel. Consultant will also review Title Commitment in an
attempt to discover whether property has all minerals severed. Consultant will notify the
Client of such situations and work with the Client to minimize liability or exposure.
E. Closing procedures - Consultant will coordinate contacts with the Client and Title
Company to deliver payments to the property owner and record the documents. The
documents will be returned to the Client after recording at the Lubbock County
Courthouse.
ATTACHMENT W - 6 OF 9
Additional Services/Future Tasks
Additional services to be performed if authorized by the City, but which are not included in the
above -described Scope of Services, are as follows:
A. Update to the City's GIS data or maps;
B. Water line or other City owned utility design;
C. Bidding and Construction phase services;
D. Update to the land use plan;
E. Perform condition assessment on any existing sanitary sewer line including flow
monitoring;
F. Preparation of platting documents and/or real property survey for site acquisition;
G. Permitting, application, and similar project fees;
H. Accompanying the City when meeting with the TCEQ, U.S. Environmental Protection
Agency, or other regulatory agencies during the course of the Project, beyond those
meetings identified above. The Engineer will assist the City on an as -needed basis in
preparing compliance schedules, progress reports, and providing general technical
support for the Client's compliance efforts;
I. Assisting City or Contractor in the defense or prosecution of litigation in connection
with or in addition to those services contemplated by this Agreement. Such services, if
any, will be furnished by the Engineer on a fee basis negotiated by the respective
parties outside of and in addition to this Agreement;
J. Sampling, testing, or analysis beyond that specifically included in the Scope of
Services referenced herein above;
K. Preparing applications and supporting documents for government grants, loans, or
planning advances, and providing data for detailed applications;
L. Appearing before regulatory agencies or courts as an expert witness in any litigation
with third parties or condemnation proceedings arising from the development or
construction of the Project, including the preparation of engineering data and reports
for assistance to the City;
M. Providing professional services associated with the discovery of any hazardous waste
or materials in the project site;
N. Additional meetings beyond those identified in the Scope of Services;
O. Preparation for and attendance to public meetings to discuss the project; and
P. Any services not listed in the Scope of Services.
AMCHMENT "A' - 7 OF 9
Schedule
Engineer will provide the Services as expeditiously as practicable to meet the described
schedule.
a Final Design — 6 months upon notice to proceed.
Fee and Billing
Engineer will provide the Reimbursable Tasks identified in the Scope of Services and shown
in the Table below on a labor fee plus expense basis total, not to exceed $606,200 for the
reimbursable tasks, which includes all reimbursable expenses. The not to exceed amount will
not be exceeded without the client's prior written approval and amendment of this Agreement.
The reimbursable fee breakdowns below are provided for budgeting purposes only and are
not intended to represent a specific budget for each reimbursable task. Engineer reserves the
right to reallocate the reimbursable budget among tasks as determined necessary by Engineer
and approved by City's representative. Labor fees will be billed according to the attached rate
schedule. Direct reimbursable expenses including express delivery services, fees, and other
direct expenses will be billed at 1.10 times cost. An office expense amount will be added to
each invoice to cover certain other expenses such as in-house duplicating, local mileage,
telephone calls, facsimiles, postage, and word processing.
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.
Section I
Task: Task Fee:
1. Project Management $66,200
2. Topographic Survey $157,400
3. Final Design $349,900
4. Land Acq iisition $32,700
Total Reimbursable Fee: $606,200
A77ACHM5NT "A" - 8 OP 9
Kimley-Horn and Associates, Inc.
Standard Rate Schedule
(Hourly Rate)
Senior Professional 1....................................................................... $240 - $255
Senior Professional II ..................................................................... $170 - $245
Professional.................................................................................... $155 - $185
Senior Technical Support ............................................................... $115 - $185
TechnicalSupport.......................................................................... $70 - $100
Analyst........................................................................................... $100 - $155
SupportStaff...................................,.............................................. $75 - $ 110
Effective July 2017
ATTACHMENT "A" - 9 OF 9
Kimsey)*Horn
Project Fee Calculation
a •
Client: City of Lubbock
Project: SLSSE Phase 3
KHA No. TBD
PM. Aaron Rader
EXHIBIT B-1
Budget Summary
Dale: Nov 13, 2017
Pee Type: • CP r Fix Mutt
Expense Mult: 1.10 r' Schedule: LUB
Office Exp W 4.6%
No.
Task Name
Hours
Labor
Fxp-erises
Office
Subtotal
100
200
300
_ 000
Pr eat Management _ ,
Togo Sury HRA
Final Design
Land Acquisition HRA�
223
$ 47,500
$ 16,500
$ 2200,
$ 85 200
_ -
$ 157.400
$ 157,4D0
$ 349,9DD
$ 32 700
1, 303
$ 292,50D
$ 43,900
$ 32,700
$ 13,5D0
TOTALS:J
1,526
$ 340,000
$ 250,500
$ 15,700
$ 606,205
Kim ep Horn EXHIBIT B-1
Task Fee Calculation Data, November 13. 2017
Project
Client City of Lubbock Labor: $ 47.500 Number - 100
Project: SLSSE Phase 3 Expenses: $ 16,600 Name: Project Management
KHA No: TBD Office Ex $ 2,200 Task Mgr: Garrett Putman
PM: Aaron Rader DAL: ,200
Task Descrl ona: GLC
IRS
PSI
P31(Hra)
t.xpenses i
6 monthly progress meetings
Uacumenl for meek s
Coordinate vnth,supconsullants
Prepare monthly progress reports
t:leclronicfile setup _
24
48
Al
—
_
—
120
12
18
1
'i
$ 15,O00
—
- —
-
12
0
8
12
12
Pro act Aftnlatratlon
_Carras^andence - -!
Involctng
15
B
1-21
JSu
Iota
231
74
14
4
15,000
Kim ey>>> Horn EXHIBIT B-1
Task Fee Calculation Data: November 13, 2D17
Project InformatiDn• r
Client: City of Lubbock Labor: $ - Number. 200
Project: SLSSE Phase 3 Expenses: $ 167,400 Name: Topo Survey (HRA)
KHA No: T80 Office Ex : $ Task Mgr. Garrett Putman
PM: Aaron Rader T : I is,
Kim ey * Horn EXHIBIT B_,
cask Fee Calculation Date: November 13, 2017
General r1roject InfDTmation Task Information
Client: C4 of Lubbock labor: $ 292,500 Number: 306
Project SLSSE Phase 3 Expenses: $ 43,900 Name: Final Design
KHA No: THD Office Expi: $ 13,500 Task Mgr Garrett Putman
PM: Aaron Rader TOTAL: 349,900
Task Descriptions: GLC
PS
PI
I PS
NO
(Hn)
Expenses(s)
Geotechnlcal Engineering
See PaveTex tea breakdown attached
24
12
60
ZO
B0
32
S 11,869
$ 6A00
+
Reduce survey data
Confirm survv information
Franchise Utility Coordination
Data Collection
Send notifrcalion letter
Conflict snalysislexhibil
Coordination wilh ulllilp compsnles
Plan Sheets
General Shoals (Cover. Cantroiietc)
ry_ General Pra�ect Notes_ -
-
6
10
50
20
30
20
30
-
--
50
8
'
f0
21
2
8
Plan and Profile
Erosion Control Ian
25
120
101
240
_
-------
385
30
40
Traffle Control Plan sheets
2
201
15
1
70
30
- 20
"30
92
Pavement repair details _
Detalls
Contract Documents
Font end documents
Technical i ecications _
Coordinate with contractors_ for cost end
conslnidablilly issues
47
_
7
w..85
34
30
10
5
20
40
20
60% OPEC
90% OPCC �— -
_Final OPCC
1
f
5
- 5
10
10
1$
I
5
10
16
Permitting (TCEO and TXI]O
Site Visits (4 visits)
_DA{QC Review Address Comments +-
60% and 95% Plan Submittal Meating
Deliverables
60% Plans
95% Plans _ _
Final Plans
4
. 8
_
-
-
12
$ 10,000
S 9,000
S _ 75_0
3 750
$ 1,500�
IG
32
32
Go
_ 4
_
-
-
-
60
15
25
--
1100
36
-
12
12
1
12
5
_
-
--
10
1
5
4
10
1
5
4
10
_ LL,
Su Iota s
8
402
779
39.889
Kim eyl Horn EXHIBIT S4
Task Fee Calculation Date: November 13, 2017
ProjectGpncral • •n Task InforMation
Client City of Lubbock Labor: $ - Number: 40a
Project: SLSSfE Phase 3 Expenses: $ 32,700 Name: Land Acquisition (HRA)
KHA No: TBD Office Ex : $ - Task Mgr: Garrett Putman
PM. Aaron Rader TOTAL: 32,
EXHIBIT B-2
HUGO REED & ASSOCIATES - TOPOGRAPHIC SURVEY SERVICES
SOUTH LUBBOCK SANITARY SEWER EXTENSION - PHASE 3
ESTIMATE OF MAN -DAYS, TASKS and EXPENSES
Ralw.l Lj I S. 130.00 s 95.00 S _Wp_pT3_§6bbj f 16o.00 L A 1f
Task 1 - Project Mana ement
Project Meetings (Assume One PerMonth rorThree Months)
g
3
B
15
i 01t).00
Review Meettnps - a0%. 60%, 90% end Fhal Reviaw Meetings
a
6
1e
S 2 300.0D
terrol QAJQC prior to submittals
4
e
12
S 1 Do
mj , site Visits
4
4
S tl8000
Oe*n Kcho f Meeting
2
2
4
390 00
U6TIty Coord. Nleetkrgn
2
2
,�
reirdnert. Alignment
4
4
15
102D.OD
ask 1 - p
Probn Man. Subtotal NourelCoataL
67
Is 80liD 00
Task 2 - S
Eslabbh Project Horizontal and Vertical Control (Quaker Avenue fa FM1565 d
rklordAve.)1
4
9
7A
S 571&00
B
Ux:lft Section Comers to Reestablish Alignrtronts (Quaker Avenue to FM15a5 S
klord Ave.)
4
1.21.
24
40
f 5 92QOO
t Permanent Control Monuments (Approx. 3 Nbrwmentsomile, to FM 150)
2
4
5
24
all
S 5 61Q00
FM 1
6
6
40
s6
S a 95MOD
e
1
1
9
w
s ti 180.00
tailed or i "mud Quaker A
1
1
1
4
4
11
S 1 39MOD
ter ar 1I 5th and taker venue l
1
1
1
4
4
it
S 1 3MOD
or 1 and ❑vakr rsacban
1
1
1
e
8
1
f 290AD
tailed S of C venue
im
1
1
4
4
10
S 1 255.0D
�lof Road umsky
I
a
teil[� Avenue
#
."jjhjpq
ai 5 FM 156S and Frankkxd
a
8
S
H.akef
pogrephicAmptovemnnyent Suof Quaker Avenue northto FM 16 45 (Approx
n Crass Sections
1
1
6pographlrAmprovement
Survey of proposedmule permal to FM 1555 behveert
Avenue and Slide Road A ff Cross Saetiona
3
12
Z4
41
Survey of Me Road north to FM 1565 (Approx_ 50 It
n w runs
opoprap kMnprovemetd Survey al proposed route parallel to FM 15a5 weal or
Ode Hand ft. Appmx. tOD SW
1
1J5
1
7opogrephirJlrnprarerrertt Surrey of prwosed mute around Drainage Basin
BMft. A 1W Ft Cos&PE!"
7opograpldcAmpmvements Survey of proposed route from drmnage basin to
Aw 100 a
EXHIBIT B-2
HUGO REED b ASSOCIATES - TOPOGRAPHIC SURVEY SERVICES
SOUTH LUBBOCK SANITARY SEWER EXTENSION - PHASE 3
ES71MATE OF MAN -DAYS, TASKS and EXPENSES
Rats:
s 150.00
i 130.00
s oo
s e5Ao
I S fl0W
I X WJX
180.00
r
I S
moment Survey of Chicago Avenue north to FM 1585 (ApprmL
a Cross lons
16
20
S 32W,110
movements Survey of proposed route from Chicago Avenue thru
Hditre Builnegs Park 50 R
3
opogrephldlmprovemer a Survey of proposed route from HuM nes Business
ark sloop fhe rrcrih line of Affordable Slorage to Fr Wdmd Avenue (Appm 5o
Secdo"I
i
1 2
B
is
S 1$85100
V
?Mitfimpfowerneft Survey of proposed route along the Fmnkkwd
FM
7
Sfaee
Evidence of Existing UWides Wudfng Manholes with InveAs,
Valves, Gar Vahros, etc (Ones Not Indlude Data Cakrefien for Mom
oeated SL ;a FAA Im
1
Lomie icd — 5
e
C
Lots .
Z
TenBin Dp of
8
e
4613
B
Cfde! Kee
24
20
i l and Reemd
fa m:Hmumlco
i6
32
Pena
M14
i
aak 2-Su SuLfotmI5to
3 134,021.00
Subtotal Hours and Cost
Subtotal Labor & Basic Services
$ 143,071,00
Previous Contract Balance Not g3 need
$ _
Net Subtotal Labor & Basic Services
$ 143,071.00
EXHIBIT B-3
FEE PROPOSAL
GEOTECHNICAL INVESTIGATION
PaveTex
12804 County Road 2500
Lubbock TX 79404 PAVETMOk
Office (806) 771-7283
Fax (806) 771-7062
Client: Kimley-Horn and Associates, Inc.
Project: SLSSE Phase 3
Location: Lubbock Texas
Date: November 7, 2017
GeotechnicalInvestigation
Fee
Ty
Estimate
Geotech Bode s Per Foot
$
14.00
265
$
3,710.00
Drill Rig Moillization
$
1,000.00
1
$
1 000.00
Nil Crew Per Diem
$
240.00
1
$
240.00
Laboratog Vests
Solis
Atterber Limits
$
70.00
30
$
2,100.00
Classificafion of soils Inc washedgrad)
$
75.00
30
$
2,250.00
Moisture content
$
10.00
30
$
300.00
Technician ! Engineering
Field Technician Hourly
$
59.00
20
$
1,180.00
Senior Geotech Houri
$
175.00
8
$
1,050.00
Administrafive/Clerical 1 hr minimum month)
$
59.00
1
$
59.00
Total
$
11 889.00
EXHIBIT B-4
HUGO REED & ASSOCIATES - LAND ACQUISITION SERVICES
SOUTH LUBBOCK SANITARY SEWER EXTENSION - PHASE 3
ESTIMATE OF MAN -DAYS, TASKS and EXPENSES
HRA
CTHG
Man pay
Crew Day
Man Da
TASK
DESCRIPTION
$ 1,000.00
$ 1,200.00
S 1,600.00
Fee
1
DOCUMENTATION PREPARATION
Hugo Reed and Associates, Inc.
4
5
$ 10,000.00
Craig, Terrill, Hale & Grantham, LLP
3
$ 4,800.00
2
TITLE REPORT INFORMATION
Craig, Terrill, Hale & Grantham, LLP
$ 1,500.00
Individual reports on an'as needed' basis'
3
NEGOTIATION
]Hugo Reed and Associates, Inc. (3 contacts per land owner)
5
$ 5,000.00
TITLE REVIEW FOR OIL & GAS LEASES
4
AND SEVERED MINERAL RIGHTS
Craig, Terrill, Hale & Grantham. LLP
3
$ 4,600.00
5
PROJECT MANAGEMENT
Hugo Reed and Associates, Inc.
2
$ 2,ODO.00
Craig, Terrill, Hale & Grantham, LLP
1
$ 1.600.00
6
CONDEMNATION - ADDITIONAL SERVICES
Fee
$ 11,000.00
$ 6,000.00 1
$ 11,200.00 1
$ 29,700.00
Tasking in this spreadsheet is based on preliminary pipeline route prcvided by Kimley-Hom and Associates. Inc. and all associated land acquisition services
for 5 parcels.
Should a change in route be required or should additional parcels be identified, an amendment to this agreement for out of scope services will be required.
'To be obtained by from a title company of Sub consultants choice at the approximate rate of $300 each, 5 max
KAGM_MarketinglLubbackl.SLSSE Ph3%PPP%Subcansu11ant*M%C0L SLSSE Ph3_HRA Land Acquisltlon 2017102a.xls Page I
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