HomeMy WebLinkAboutResolution - 4630 - Contract - Halff Associates Inc - Quaker Avenue Drainage Improvements - 10_13_1994Resolution No. 4630
Item # -3T
Council Date: 107079+
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Engineering Services Contract and all
related documents by and between the City of Lubbock and Halff Associates, Inc., for
professional engineering services for drainage improvements located at Quaker Avenue from
near 50th Street northward to Maxey Park, which contract is attached hereto, which shall be
spread upon the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this
13th day of October 1994.
ATTEST:
(-"a� )�- -
Betty Nf Johnson, City Secretary
APPROVED AS TO CONTENT:
arty D. Heiftel, City Engineer
APPROVED AS TO FORM:
Assistant City Attorney
DGV:dp\GAoodocs0& ff.Rn
AuVjA31, 1994
Resolution No. 4630
October 13, 1994
Item #32
ENGINEERING SERVICES
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK I
THIS CONTRACT AND AGREEMENT made and entered into this 13th day of
October 1994, by and between the City of Lubbock, a municipal
corporation of Lubbock County, Texas, hereinafter referred to as "City" and/or "Owner" and
Halff Associates, Inc., hereinafter referred to as "Engineer".
WITNESSETH, that in consideration of the covenants and agreements herein contained, the
parties hereto do mutually agree as follows:
Employment of Engineer: The City hereby employs the Engineer and the Engineer agrees to
perform certain professional engineering services, hereinafter set forth, to assist the City of
Lubbock in developing alternatives for drainage improvements to the Owner's drainage system,
the location and extent of which is as follows:
Quaker Avenue from near 50th Street northward to Maxey Park.
Quaker Avenue is located within the City of Lubbock, Texas, and hereinafter is referred to as
the "Project". The services provided by the Engineer are incorporated in Section I, Scope,
Character, and Outline of Services.
The Engineer shall furnish and pay for all service, labor, tools, materials, equipment, supplies,
transportation, personnel and management necessary to perform the work, upon and subject to
the terms, conditions and provisions of this Agreement.
SECTION L
SCOPE, CHARACTER, AND OUTLINE OF SERVICES
The scope of this contract includes the advanced planning and engineering necessary to develop
and analyze alternative drainage plans to help alleviate the severe flooding problems and
subsequent damages experienced during heavy rains along Quaker Avenue between 50th Street
and 34th Street.
Study Assumptions Used in the Proposal
The following assumptions were used by Halff Associates during preparation of this proposal:
1. The City of Lubbock's objective for this Project is to improve storm water runoff
conveyance, reduce flood damages, and improve vehicular traffic conditions
during heavy rains.
2. The Quaker Avenue Project intercepts storm water runoff from approximately 1
mile east and 1.5 miles west of Quaker Avenue, with the runoff ultimately
discharging into Maxey Park (Playa Lake No. 43).
3. Flooding is primarily caused by two (2) primary factors: a) The existing Quaker
Avenue storm water sewer system is inadequate, and b) The existing Quaker
Avenue street grades are relatively flat; thus the street provides minimal flow
carrying capacity.
4. Drainage alternatives currently being considered by the City of Lubbock include
but are not limited to: the construction of a new storm sewer main along Quaker
Avenue; the construction of storm sewers along streets adjacent (east and west)
to Quaker to intercept storm runoff before it reaches Quaker Avenue; and the
construction of an open channel parallel and adjacent to Quaker Avenue.
The proposed work plan is divided into five (5) phases: Phase I - Coordination; Phase II - Data
Collection; Phase III - Preparation of Baseline Conditions; Phase IV - Formulation and Analysis
of Conceptual Design Solutions; and Phase V - Report Preparation. The scope of services to be
performed in each phase are as follows.
A. PHASE I - INITIAL COORDINATION
1. Meet with City officials to discuss details of past flooding problems and confirm
the scope of work and alternatives to be analyzed.
2. Assist the City in conducting a public forum to obtain experiences (possible
additional high water marks or rainfall records) and opinions of affected property
owners in the Project area.
3. Prior to the public forum, the Engineer will prepare and mail a brief notice, as
approved by the City, to each property owner affected by the Project. In addition,
the Engineer will obtain permission (if necessary) from individual property owners
to survey on private property.
2
B. PHASE II - DATA COLLECTION
1. Obtain available data from the City of Lubbock including:
a. Aerial maps of the Project area.
b. One -foot contour interval topographic maps of the watershed
C. Locations of existing inlets and storm sewer pipes within the Project area.
d. Flood Insurance Study dated March 18, 1986 and September 2, 1982.
e. Miscellaneous flood event records, including general observations, slides,
and photographs.
f. Available field elevations of dwelling entrances, curb lines, etc.
2. Obtain available proposed and existing development plans; any pertinent paving,
drainage, water, sanitary sewer, etc. plans; any pertinent records from the City of
Lubbock citizens within the study area.
3. Obtain property ownership data from County Deed Records and County Appraisal
District for use in assessing existing right-of-way/easement and determine property
values.
4. Conduct a field reconnaissance trip of the Project area and adjacent drainage areas.
5. Obtain the effective FEMA record hydraulic and hydrologic models for Playa
System D-1. In addition, obtain available revisions to these effective models from
the City or developer's engineers.
6. Field survey existing features that could affect the future planning and design of
drainage improvements. Surveys may include: flowline elevations of existing
inlets and pipes, horizontal and vertical location of existing underground utilities,
elevations of observed high water marks, finished floor elevations of existing
structures, HEC-2 hydraulic cross -sections at critical locations, etc.
B. PHASE III - BASELINE CONDITIONS
Baseline condition hydrologic and hydraulic models will be prepared utilizing existing
FEMA models and incorporating updated data.
1. Hydrology:
An updated detailed hydrologic model of the drainage area, with computation
points at the critical locations will be necessary, not only for baseline conditions,
but to properly evaluate (compare) alternative solutions. The estimated runoff
(both discharge and volume) and the timing of peaks for this type of analysis is
critical.
3
a. Prepare a detailed watershed delineation of the Project area. Obtain the
Corps of Engineer's watershed map and revise (update) the sub -basin
boundaries to reflect 1994 conditions.
b. Prepare a detailed TR20 hydrologic model, utilizing the record FEMA
hydrologic model, for existing watershed conditions.
C. Attempt to calibrate updated TR20 model to the 1983, 1991, and/or other
available historical flood and rainfall data.
2. Hydraulics:
a. Prepare a detailed HEC-2 hydraulic model of Quaker Avenue beginning
at Maxey Park and extending upstream to near 50th Street. Hydraulic
cross sections will be obtained from field surveys and topographic maps.
b. Assemble a detailed computer model of the existing underground storm
sewer system along Quaker Avenue.
C. Utilize updated hydraulic data to route storm water. Revise hydrology
accordingly.
d. Attempt to calibrate HEC-2 results to observed high water marks.
e. Delineate the 100-year flood plain limits.
3. Hydrology & Hydraulics (H&H) Submittal:
a. Prepare brief letter report summarizing the results of the baseline condition
H&H analysis for review and approval by the City of Lubbock. The
report shall include a brief description of procedures and delineations of
flood prone areas, flood elevation comparisons with computed and
surveyed high water marks, copies of the hydraulic and hydrologic
computer models.
b. Submit the preliminary results of baseline condition models to the City
staff for review and approval before proceeding with the Project.
C. Meet with City staff to discuss the results of the baseline condition
modeling.
d. Address City comments and finalize baseline condition H&H analysis.
4. Economics:
a. Identify all properties within the 100-year flood plain delineation.
b. Coordinate with City staff to determine value of all flood prone structures.
C. Assemble a Structural Inventory Damage Analysis (SID) computer model
to generate elevation -damage functions for existing (baseline) conditions.
d. Compute expected flood damages using Corps' Expected Annual Damages
(EAD) computation program.
e. Coordinate with City to report baseline condition economic findings.
4
D. PHASE IV - CONCEPTUAL DESIGN SOLUTIONS FOR THE PROJECT
1. Coordinate with City staff to formulate possible alternative solutions to help
remediate potential flooding problems based on the results of PHASE II -
BASELINE CONDITIONS.
2. Prepare appropriate hydrologic and hydraulic models to analyze a maximum of
four (4) alternative solutions. Alternatives will likely include the three (3) City
drainage alternatives, or variations of those scenarios, as outlined in the City RFP
and summarized in "Study Assumptions Used in the Proposal".
Possible alternatives may also include storm water detention/retention. Detention
could be provided within the limits of the street ROW using large oversized storm
drains. Off -site retention or detention ponds could be constructed along adjacent
properties. Provided properties could be purchased by the City.
3. Prepare estimates of probable construction cost for each alternative plan analyzed.
4. Estimate right-of-way and/or easement needs and acquisition costs.
5. Compute Expected Annual Damages for the four (4) alternative solutions.
6. Compute Benefit -to -Cost Ratios.
7. Coordinate with City staff to discuss results of PHASE IV - CONCEPTUAL
DESIGN SOLUTIONS
E. PHASE V - REPORT PREPARATION
1. Prepare Project Report including a brief discussion of procedures, flood plain
delineations, sketches, flood profiles, summary of design decisions, calculations,
cost estimates, and recommendations.
2. Meet with City Staff to submit preliminary Project Report and discuss the results
of the study.
3. Address City comments and finalize Project Report. Materials to be delivered by
consultant include:
a. One (1) reproducible copy plus ten (10) non -reproducible copies of
drawings containing the selected alternatives.
b. One complete copy of supporting data and calculations. Include computer
diskette containing hydrology and hydraulic models.
C. One (1) unbound original plus ten (10) bound copies of the final report.
4. Attend a public forum to present and discuss Project results.
M
SECTION H.
COMPENSATION TO ENGINEER
The City agrees to pay the Engineer for Basic Services as outlined in Section I - Scope,
Character, and Outline of Services of this Contract an hourly, "not -to -exceed" fee as follows:
Service Basic Fee
Phase I - Initial Coordination ............................................... $3,160
Phase II - Data Collection ................................................. $5,590
Phase III - Baseline Conditions ............................................. $16,640
Phase IV - Conceptual Design Solutions ....................................... $10,870
Phase V - Report Preparation .............................................. $12,740
TOTAL PROJECT FEE $49,000
The following Fee Schedule (see page 7) is a summary of anticipated disciplines
(Principal -in -Charge, Project Manager, Assistant Project Manager, ETT,... etc.) and
estimated man hours and direct costs required to complete the Project for the contract fee.
Any additional services to those included in this contract shall be authorized in writing
by the City of Lubbock. Additional professional fees shall be paid at the hourly rates
presented in the attached Fee Schedule (see page 7). Any additional direct costs,
associated with the Project, shall be paid to the Engineer by the City of Lubbock on the
basis of direct expenses times a multiplier of 1.10. Direct expenses shall include
subcontract charges, printing, reproduction expense, communication expense, travel,
transportation, and subsistence.
2
FEESCHEDULE
FOR THE CITY OF LUBBOCK
P,6864
QUAKER AVENUE DRAINAGE STUDY
<
HUGO R
--->
9/13194
I Prin I
PM I Asst PM I
EIT I DrIaech I
SEC I Local PM
I Drft/Tech I Survey I
CADD I Reimburs I
Total I
Total I
Task 1
$106 1
I I
$65 1
I
$53 1
I
S45 1
I
$45 1
I
$42 1
I
$75
1 S42 1
I I
$93 1
I
$15 1
I
1
Hours I
Project I
A. INITIAL COORDINATION I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1. Meet with City
1 4.0 1
4.0 1
1
1
1
1
4.0 1
1
1
0.0 1
S300 1
12.0 1
$1,286 I
2. Publc Forum 1
4.0 1
4.0 1
1
1
4.0 1
1
4.0 1
1
1
4.0 1
5300 1
16.0 1
$1.526 1
3. Mal notices to public 1
1
2.0 1
1
1
1
4.0 I
1
1
1
0.0 1
S50 1
6.0 1
$347 1
1
1
1
1
1
1
1
1
1
1
0.0 1
1
0.0 1
$0 1
PHASE I SUBTOTAL 1
8.0 1
10.0 1
0.0 1
0.0 1
4.0 1
4.0 1
8.0 1
0.0 1
0.0 1
4.0 1
$650 1
34.0 1
$3.159 1
B. DATA COLLECTION I
I
I
1
I
f
I
I
I
I
I
I
I
I
1. Obtain City Data I
1
1.0 1
1
1
1
I
1
2.0 1
1
0.0 1
I
3.0 1
5149 1
2. Research other plans I
1
1.0 1
1
1
1
1
1
2.0 1
1
0.0 1
1
3.0 1
$149 1
3. Property Ownership I
1
1.0 1
1
1
1
1
1
4.0 1
1
0.0 1
1
5.0 1
5233 1
4. Field Trip 1
4.0 1
4.0 1
1
1
1
1
4.0 1
1
1
0.0 1
$50 1
12.0 1
$1.036 1
5. FEMA models I
I
I
I
I
I
I
1
1.0 1
1
0.0 1
1
1.0 1
$42 1
6. Field Survey I
1
2.0 1
1
1
1
1
2.0 1
1
40.0 1
0.0 1
1
44.0 1
53.981 I
1
I
I
I
I
I
I
I
I
1
0.0 1
1
0.0 1
$0 1
PHASE 11 SUBTOTAL 1
4.0 1
9.0 1
0.0 1
0.0 1
0.0 1
0.0 1
6.0 1
9.0 1
40.0 1
0.0 1
S50 1
68.0 1
55,591 I
C. BASELINE CONDMONS I
I
I
I
I
I
I
I
I
I
I
I
I
I
1a Watershed Map 1
1.0 1
2.0 1
8.0 1
1
1
1
1
1
1
0.0 1
1
11.0 1
$664 1
1 b TR20 Model 1
1
8.0 1
16.0 1
8.0 1
1
1
1
1
1
0.0 1
1
32.0 1
$1.735 1
1 c Calibrate TR20 1
1.0 1
4.0 1
6.0 1
1
1
1
1
1
1
0.0 1
1
11.0 1
$15% 1
2a HEG2 model 1
1
2.0 1
8.0 1
16.0 1
1
1
1
1
1
0.0 1
1
26.0 1
$1273
2b Model Storm Sewer 1
1
2.0 1
16.0 1
16.0 1
1
1
1
1
1
0.0 1
1
34.0 1
$1,700 1
2c Route/revise TR20 1
1.0 1
1.0 1
8.0 1
1
1
1
1
I
1
0.0 1
1
10.0 1
$598 1
2d Calibrate HEG2 1
1.0 1
2.0 1
2.0 1
8.0 1
1
1
1
1
1
0.0 1
1
13.0 1
$701 1
2e Delineate Flood Plain I
1
1.0 1
2.0 1
2.0 1
4.0 1
1
1
1
1
4.0 1
1
9.0 1
5502 I
3a H&H Prelim Rpt 1
1
16.0 1
6.0 1
4.0 1
8.0 1
4.0 1
4.0 1
1
1
8.0 I
1
42.0 1
SZ493 I
3b Submit H&H Rpt 1
1
2.0 1
1
1
1
1
1
1
1
0.0 1
$50 1
2.0 1
5181 I
3c Meet w/ City 1
8.0 1
8.0 1
1
1
1
1
4.0 1
1
1
0.0 1
530D 1
20.0 1
$1,972 1
3d Finalize H&H 1
l
4.0 1
8.0 1
8.0 1
1
1
1
1
1
0.0 1
1
20.0 1
S1,047 1
4a Id flood properties I
1
1.0 1
2.0 1
1
1
1
1
1
1
0.0 1
1
3.0 1
S172 I
4b Value of Properties 1
1
2.0 1
1
1
1
1
4.0 1
1
1
0.0 1
1
6.0 1
5431 1
4c Prepare SIC 1
1
2.0 1
4.0 1
16.0 1
1
1
1
1
1
0.0 1
1
22.0 1
51,060 I
4d Compute EAD 1
1
2.0 1
1
16.0 1
1
1
1
1
1
0.0 1
1
18.0 1
5846 I
4e Coordinate w/ City 1
2.0 1
2.0 1
1
1
1
2.0 1
2.0 1
1
1
0.0 1
1
8.0 1
$576 1
1
1
1
1
1
1
1
1
1
1
0.0 1
1
0.0 1
SO I
PHASE III SUBTOTAL 1
14.0 1
61.0 1
86.0 1
94.0 1
12.0 1
6.0 1
14.0 1
0.0 1
0.0 1
12.0 1
$350 1
287.0 1 $16,640 1
IV. CONCEPTUAL DESIGN I
I
I
I
I
I
I
1
I
I
I
I
I
I
1. Coord w/ City 1
2.0 1
2.0 1
1
1
1
1
1
1
1
0.0 1
1
4.0 1
$343 1
2. H&H for 4 plans 1
4.0 1
32.0 1
38.0 1
40.0 1
1
1
4.0 1
1
1
0.0 1
I
118.0 1
$6,636 1
3. Cost Est 1
1
8.0 1
8.0 1
1
1
1
2.0 1
1
1
0.0 1
1
18.0 1
S1,101 1
4. Est Easmt/ROW 1
1
2.0 1
1
4.0 1
1
1
2.0 1
1
1
0.0 1
1
8.0 1
$460 1
5. Compute EAD 1
1
2.0 1
1
8.0 1
1
1
1
1
1
0.0 1
1
10.0 1
$489 1
6. BC Ratios 1
2.0 1
4.0 1
1
4.0 1
1
1
1
1
1
0.0 1
1
10.0 1
$653 1
7. Coord w/ City 1
2.0 1
4.0 1
1
1
8.0 1
2.0 1
2.0 1
1
1
8.0 1
1
18.0 1
$1,187 1
PHASE IV SUBTOTAL 1
I
10.0 1
I
54.0 1
I
46.0 1
I
56.0 1
I
8.0 1
I
2.0 1
I
10.0 1
I
0.0 1
I
0.0 1
I
8.0 1
I
$0 1
I
186.0 1 $10,868 1
i
V. REPORT PREP I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1. Prepare Project Rpt 1
2.0 1
32.0 1
6.0 1
8.0 1
24.0 1
16.0 1
4.0 1
1
1
24.0 1
$75 1
92.0 1
55,465 1
2. Meet w/ City 1
8.0 1
8.0 1
1
1
1
1
4.0 1
1
1
0.0 1
$300 1
20.0 1
$1,972 1
3. Finalize Rpt 1
2.0 1
16.0 1
8.0 1
1
8.0 1
8.0 1
1
1
1
8.0 1
$350 1
42.0 1
$2,849 1
4. Public Fonim 1
I
8.0 1
I
8.0 1
I
1
I
1
I
4.0 1
I
4.0 1
1
4.0 1
I
1
i
1
t
4.0 1
1
$375 1
1
28.0 1
I
SZ453 1
1
PHASE V SUBTOTAL 1
20.0 1
64.0 1
14.0 1
8.0 1
36.0 1
28.0 1
12.0 1
0.0 1
0.0 1
36.0 1
$1,100 1
182.0 1 S12,739 1
TOTAL PROJECT 1
56.0 1
198.0 1
146.0 I
158.0 1
60.0 1
40.0 1
50.0 1
9.0 1
40.0 1
60.0 1
$2,150 1
757.0 1 $48,997 I
CHECK
$5,935
$12,965
$7,792
$7,064
$2,700
$1,662
$3,750
$378
S3,700
$900
$2,150
757.0
$48,997
<
HUGO R
7
SECTION UL
TIME FOR COMPLETION
Engineer agrees that time is of the essence and shall complete and submit all work required by
City as follows:
1. Phase I - Initial Coordination in fifteen (15) calendar days from execution of this
Contract.
2. Phase II - Data Collection in thirty (30) calendar days from execution of this
Contract.
3. Phase III - Baseline Conditions in sixty (60) calendar days from execution of this
Contract.
4. Phase IV - Conceptual Design Solutions in thirty (30) calendar days from approval
of Baseline Conditions.
5. Phase V - Report Preparation. Draft Report in twenty (20) calendar days from
approval of Conceptual Design Solutions. Final report in fifteen (15) calendar
days from receipt of draft report comments from City.
Calendar days shall commence when this contract is executed and shall terminate when the City
has approved the report as being final. No extensions of time shall be granted unless a written
request is submitted by the Engineer, and such request is approved in writing by the City.
The Engineer shall perform all work in a proper, efficient and professional manner in accordance
with the City's requirements. As time is of the essence, the work shall be completed within the
time period specified. In order to assist the City of Lubbock in monitoring progress of the
engineering work, the Engineer will prepare monthly progress reports for the City.
In the event the Engineer's performance of this Agreement is delayed or interfered with, through
no fault of Engineer, by acts of the City, or others, the Engineer may request an extension of
time for the performance of same as herein provided, but Engineer shall not be entitled to any
increase in fee or price or to damages or additional compensation as a consequence of such
delays unless the Scope of Work changes.
SECTION IV.
OWNER'S RESPONSIBILITIES
Owner shall provide all criteria and full information as to Owner's requirements for the Project,
including design objectives and constraints, space, capacity and performance requirements,
flexibility and expendability, and any budgeting limitation, and furnish copies of all design and
construction standards which will be required for inclusion in the Drawings and Specifications.
Owner shall designate in writing a person to act as Owner's Representative with respect to the
services to be rendered under this Agreement. Such person shall have complete authority to
transmit instructions, receive information, interpret and define Owner's policies and decisions
with respect to materials, equipment, elements, and systems pertinent to Engineer's services.
SECTION V.
CONTRACT TERMINATION PROVISION
This contract may be terminated at any time by the City, without penalty or liability except as
may otherwise be specified herein. The City may at any time stop by the Engineer upon giving
the Engineer five (5) days prior written notice. The Engineer will be paid for all services
properly performed prior to the effective date of termination.
SECTION VI.
ENGINEER'S COORDINATION WITH OWNER
The Engineer shall hold periodic conferences with the City, or the Owner's Representatives, so
that the Project can be designed with full benefit of the Owner's experience and knowledge of
existing needs and facilities and be consistent with current policies and construction standards.
The City shall make available to the Engineer all existing plans, maps, field notes, and other data
in his possession relative to the Project. The Engineer may show justification to City of changes
in design from City standards due to the judgment of said Engineer, of a cost savings to City,
and/or surrounding topographic conditions.
SECTION VII.
RIGHT TO INSPECT BOOKS
The City or its designees shall have the right to inspect and/or audit all books, records, accounts,
or any other materials within the possession or control of Engineer or its agents related to the
performance of this agreement for a period of two years after completion of the Contract. Such
inspection or audit may be conducted at Engineer's place of business at all times from 8:00 a.m.
to 5:00 p.m., Monday through Friday, excluding legal holidays.
01
SECTION VIIL
SUCCESSORS AND ASSIGNMENTS
The City and the Engineer each binds himself and his successors, executors, administrators and
assigns to the other party of this Contract and to the successor, executors, administrators and
assigns of such other party in respect to all covenants of this agreement. Except as elsewhere
herein provided, neither party hereto shall assign or transfer its interest herein without the prior
written consent of the other.
SECTION IX.
ENGINEER'S LIABILITY
Acceptance of the final report by the City shall not constitute nor be deemed a release of the
responsibility and liability of said Engineer, its employees, associates, agents and consultants for
the accuracy and competency of their designs, working drawings, specifications or other
documents and work; nor shall such acceptance be deemed an assumption of responsibility by
the City for any defect in the designs, working drawings, specifications, or other documents
prepared by said Engineer, its employees, subcontractors, agents and consultants.
SECTION X.
INDEMNIFICATION
Engineer shall and does hereby agree to indemnify and hold harmless the City of Lubbock, its
officers, agents, and employees, from any and all damages, loss or liability of any kind,
whatsoever, by reason of death or injury to property or third persons caused by the error
omission, or negligent act of Engineer, its officers, agents, employees, invitees or other persons
for whom it is legally liable, with regard to the performance of this Contract, and Engineer will,
at its costs and expense, defend, pay on behalf of, and protect the City of Lubbock and its
officers, agents, and employees against any and all such claims and demands.
SECTION XI.
USE AND DELIVERY OF GOODS AND SERVICES
All goods, services and instruments of service prepared, performed or provided by Engineer
under this Agreement or in the course of the work shall be subject to approval by the City. All
instruments of professional service shall be sealed as may be required by law or by the City.
Such goods, services and instruments of service, together with necessary supporting documents,
shall be delivered to the City, and the City shall have unlimited rights therein, including the right
to use same on any work of the City without additional cost to the City. The Engineer is not
responsible for the goods and services provided when used for other than the Project outlined in
this Contract.
The Engineer agrees to and does hereby grant to the City a royalty -free license to all such goods,
services and instruments of service which the Engineer may cover by copyright or to which the
Engineer may assert any rights or establish any claim under the design, patent or copyright laws.
10
SECTION XII.
INSURANCE
The Engineer shall provide the following insurance:
A. The Engineer shall provide and maintain Workmen's Compensation and Employer's
Liability Insurance for the protection of the Engineer's employees, as required by law of
any employer. The Engineer shall also provide and maintain in full force and effect
during the time of this Agreement, insurance (including, but not limited to, insurance
covering the operation of automobiles, trucks and other vehicles) in a company
satisfactory to the City, protecting the Engineer and the City against liability from
damages because of injuries, including death, suffered by any person or persons other
than employees of the Engineer, and liability or damages to property, arising from or
growing out of the Engineer's operations in connection with the performance of this
Agreement.
B. Such insurance covering personal and bodily injuries or death shall be in the sum of not
less than One Million Dollars ($1,000,000) for one (1) person, and not less than One
Million Dollars ($1,000,000) for any one (1) occurrence. Insurance covering damages to
property shall be in the sum of not less than Five Hundred Thousand Dollars ($500,000)
for any one (1) occurrence, and Five Hundred Thousand Dollars ($500,000) aggregate.
C. The Engineer shall provide and maintain Professional Liability Insurance coverage to
protect the Engineer and the City from liability arising out of the performance of
professional services, if any, under this Agreement. Such coverage shall be in the sum
of not less than One Million Dollars ($1,000,000).
D. A signed Certificate of Insurance, satisfactory to the City, showing compliance with the
requirements of this Section shall be furnished to the City before any services are
performed under this Agreement and shall further indicate that each and every policy for
liability insurance coverage as required herein includes a "Contractual Liability Coverage"
endorsement covering the Agreement under this Section. Such Certificate of Insurance
shall provide for thirty (30) days written notice to the City prior to the cancellation or
modification of any insurance referred to therein.
In addition to any and all other warranties available at law or specified elsewhere in this
Agreement, the Engineer warrants that work will meet the Contract requirements, will be suitable
for its intended purpose and will be substantially free of defect.
SECTION XIIL
APPLICABLE LAWS
The Engineer shall make reasonable best efforts to comply with all known Federal, State, County
and Municipal laws, ordinances, regulations, safety orders, resolutions and construction codes of
which the Engineer is aware or could reasonably be expected to be aware which relate to or are
applicable to services to be performed under this Agreement.
11
SECTION XIV.
AGREEMENT
The City and the Engineer each binds themselves, their partners, successors, executors,
administrator and assigns to the other party to this Contract.
EXECUTED this 13 t h day of October , A.D.,
City of Lubbock signing by and through the Mayor
1994 The
authorized to execute same by Resolution No. , adopted by the City Council
on the 13 t h day of 0 c t ob e r , attesting by the City Secretary, the City of
Lubbock, and
has caused this instrument to be executed by its duly authorized officials.
ATTEST:
Betty KuJohiison, Ci Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
ENGINEER:
HALFF ASSOCIATES, INC.
Tr ynn vell, .E.
Vice President
r
D ald G. Vandiver, First Assistant City Attorney
12