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HomeMy WebLinkAboutResolution - 2013-R0059 - Agreement - Kimley-Horn And Associates Inc.- Construction Phase Services - 02_14_2013Resolution No. 2013-R0059 February 14, 2013 Item No. 5.5. 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 Milwaukee Avenue from 941h Street to 114ch Street, 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 February 14, 2013 GL *KOl4EkTSON, MAYOR ATTEST: Reb ca Garza, City Secretary APPROVED AS TO CONTENT: aa-� 92 1� 61 Marsha Reed, P.E., Chief Operations Officer APPROVE AS TO FORM: Chad Weaver, Assistant City Attorney sj:ccdocs'RES.Agreement-Kimley-Horn and Associates, Inc. January 28, 2013 Resolution No. 2013—R0059 Milwaukee Avenue Reconstruction — 941h Street to 1141h Street 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 Milwaukee Avenue Reconstruction — 94`I' Street to 114`I' Street project. The general project description, scope of services, schedule, and fee set forth are below. General Project Description (the "Project") The project includes the widening of Milwaukee Avenue from 941h Street to 114"h Street The roadway will be widened from an existing 2 lane asphalt roadway to a 7 lane undivided concrete "T-2" thoroughfare. Drainage improvements include the construction of a stone drain between playa lakes 94 and 94A. The project also includes water and sewer upgrades along Milwaukee Avenue, continuous roadway illumination, and traffic signals at the 98th Street and 114th Street intersections. The project also includes constructing strip paving on 98`h Street from a point just west of Milwaukee Avenue to Huron Avenue. The existing 2-lanes will be expanded to 3-lanes and will be constructed using asphalt pavement. Drainage improvements include the extension of the South Lubbock Storm Drainage Project from its current end point at Juneau Avenue to west of Milwaukee Avenue. The project will include water and sewer upgrades along 98th Street This Agreement is only for construction phase services for the reconstruction of the project as described above. The construction phase services will be provided in conjunction with a resident project representative subconsultant (Walker RPR Services, 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, incoi porated herein for all pui poses) 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 construction phase to last twelve (12) months. KHA will provide the Services as expeditiously as practicable during the construction phase of the project. The project's 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 fifteen (15) months after receipt of a properly executed original of this Agreement. City of Lubbock— Milwaukee Avenue Reconstruction —94h Street to 114'' Street Page 1 of I I Scope of Services — Construction Phase Services January 28, 2013 If the construction phase extends beyond the fifteen (15) months, KHA will provide continued construction phase services on an Additional Services basis but only upon written request by the City. 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 $460,700 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 15 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. {Remainder ofpage intentionally left blank) City of Lubbock — Milwaukee Avenue Reconstruction — 94 s Street to 114'" Street Page 2 of I I Scope of Services —Construction Phase Services January 28, 2013 Incorporation Attachments A, A-1, B and C are in hereby expressly incorporated in this Agreement for all purposes. Executed and effective this IT day of February, 2013. KIMLEY-HORN AND ASSOCIATES, INC. By: G. Brad fribbW, P.E. Title: Senior Vice President CITY OF LUBBOCK GI bertso yar ATTEST: Rebe ca Garza, City Se' ary APPROVED AS TO CONTENT: oo Fra lit, , Citydingilileer APPROVE AST FORM: Chad Weaver, Assistant City Attorney Attachments — Standard Provisions Attachment A-1 --Additional Terms Attachment A — Scope of Services Attachment B — Current Hourly Rate Schedule Attachment C — Workplans (C-1 and C-2) City of Lubbock —Milwaukee Avenue Reconstruction — 94'h Street to 114'h Street Page 3 of 11 Scope of Services —Construction Phase Services January 28, 2013 KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS (1) ConsuItant'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 pennitting 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 --Milwaukee Avenue Reconstruction — 94'h Street to 1141h Street Page 4 of 11 Scope of Services —Construction Phase Services January 28, 2013 (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 terms 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-L (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. City of Lubbock— Milwaukee Avenue Reconstruction — 94's Street to 114's Street Page 5 of I I Scope of Services — Construction Phase Services January 28, 2013 (H) MutuaI 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) 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. (d) The Consultant is not responsible for the design of the design professional and does not assume the role or duties of the construction documents' Engineer of Record, including but not limited to performing quality control, design review, or peer review of the construction contract documents. The Consultant's services will be limited to the role of Resident Project Representative and the Engineer of Record for any changes to the construction contract documents during the constriction phase. (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. City of Lubbock —Milwaukee Avenue Reconstruction — 94 h Street to 1 14'' Street Page 6 of I 1 Scope of Services —Construction Phase Services January 28, 2013 (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 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 — Milwaukee Avenue Reconstruction — 94th Street to 114,h Street Page 7 of 11 Scope of Services — Construction Phase Services January 28, 2013 ATTACHMENT A-1 ADDITIONAL TERMS 1. 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 Client 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. 3. 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 — MII%vaukee Avenue Reconstruction — 94t' Street to 114t' Street Page 8 of l l Scope of Services —Construction Phase Services January 28, 2013 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: $1,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $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. City of Lubbock —Milwaukee Avenue Reconstruction — 94 s Street to 114w Street Page 9 of 11 Scope of Services — Construction Phase Services January 28, 2013 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 City of Lubbock — Milwaukee Avenue Reconstruction — 941h Street to 1141h Street Page 10 of I 1 Scope of Services — Construction Phase Services January 28, 2013 w/ 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., Senior Vice President 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. 7. 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. 8. Jurisdiction. 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 document, this provision shall control. City of Lubbock — Milwaukee Avenue Reconstruction — 94 h Street to 114's Street Page I I of I I Scope of Services — Construction Phase Services January 28, 2013 Attachment A — Scope of Services Milwaukee Ave. Reconstruction — 94th St. to 114th St. - Construction Phase Services Consultant will provide construction phase services as specifically stated below: 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: ■ Coordination as required with Engineer of Record; ■ Engineer of Record of any changes to the construction contract documents during the construction phase; and ■ Resident Project Representative; and ■ Construction Materials Testing. 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. City of Lubbock — Milwaukee Ave. — 94 h St. to 114" St_ Page I of 6 Scope of Services —Construction Phase Services January 18, 2013 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. Inteipyetation 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. 6. 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. 9. 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. City of Lubbock —Milwaukee Ave. — 94'h St. to 114'h St. Page 2 of 6 Scope of Services — Construction Phase Services January 18, 2013 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. 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. City of Lubbock —Milwaukee Ave. — 94 s St. to 1141' St. Page 3 of 6 Scope of Services — Construction Phase Services January 18, 2013 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. 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 confonnance 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. City of Lubbock —Milwaukee Ave. — 94 s St. to 114'' St. Page 4 of 6 Scope of Services —Construction Phase Services January 18, 2013 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 perfonn 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. Applications for Payment. Based on its observations and on review of applications for payment and accompanying supporting documentation, Consultant will detennine 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 honeys 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 detennine 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 City of Lubbock — Milwaukee Ave. — 94" St. to 110 St. Page 5 of 6 Scope of Services — Construction Phase Services January 18, 2013 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"xl7" set of black line Record Drawings ■ One (1) set of .PDF file Record Drawings City of Lubbock — Milwaukee Ave. — 94" St. to 114'" St. Page 6 of 6 Scope of Services —Construction Phase Services January 18, 2013 Kimley-Horn and Associates, Inc. Standard Rate Schedule (Hourly Rates) ATTACHMENT B Principal................................................................................. $215 Senior Professional/PM......................................................... $180 Senior Professional.....................................................$150 - $195 Professional...................................................................$85 - $145 Analyst ............. .............................................. ,............ $100 - $120 Support Staff...................................................................$60 - $85 The rates listed above are applicable for up to 15 nt9nt17s after the date of execution of this Letter Agreement for Milwaukee Ave. Reconshwetion — 94" St. to 114"' St. LFI Kimley-Horn i� and Associates. Inc. Project Workplan Budget ProjectGeneral . • Client: City of Lubbock, TX Project: Milwaukee Ave. RPR KHA No. PM: Kerry Miller, P.E. Budget Summary Date: Jan 18, 2013 Task Budget `Summary.. Task 700 Task 888 .. r� rr :.rr 24,300 Task No. Task Name Cost Multiplier Subtotal 710 Walker RPR Services, Inc. (Attachment C-2) CMT Engineering, Inc. (Allowance) $ 245,520 1.05 257,800 1.05 $ 52,500 720 $ 50,000 TOTALS: 1 $ 295,5201 J$ 310,300 Project Budget Summary $ 141,300 Expenses: $ 319,400 TOTAL: $ 460,700 Pagel of 4 K:\LAC_Roadway.MARKETINGI,,Lubbock\2013 Milwaukee RPR\Workplan_v4.xlsm Printed: 1/21/2013, 3:05 PM Kimley-Horn ® and Associates, Inc. Project Workplan Budget Client: City of Lubbock, TX Project: Milwaukee Ave. RPR KHA No: PM: Kerry Miller, P.E. Date: Labor: $ 17,500 Number: Expenses: $ - Name: Allocation: $ 1,100 Task Mgr: TOTAL: $ 18,600 Q�°d1611;p5z' �o\c�� �oc��1 Q�°�e��h� PC��\�y Ql°�e�ay�h� 5`)Q�a$'� / January 18, 2013 510 Startup - Month 1 Task ' W—C - RFIs Shop Drawing/Submittal Re\Aew Change Orders RPR Sub coordination Testing Sub coordination Pay Application ReviewlProcess .-Contractor General QC/PM Project Accounting Project Administrative Support ... -- ;: Effort: $ 2,150 1 $ 9,360 1 $ 4,500 1 $ - 1 $ $ 420 1 $ 1,020 17.5 $ - Efilms Kimley-Horn and Associates, Inc. Project Workplan Budget Client: City of Lubbock, TX Project: Milwaukee Ave. RPR KHA No: PM: Kerry Miller, P.E. Task Effort Summary Labor: $ 101,400 Expenses: $ - Allocation: $ 6,100 TOTAL: $ 107,500 Q�oV, oaoe�•�sa�oyeas oS�\a o�o����°y Date: January 18, 2013 Number: 520 Name: Standard -10 Months Task Mgr: Task Descriptions: L Hours Per Month for 10 Months: Prepare for and attend weekly site visits Attend Semi-monthly Const. Progress MIgs RFls Shop Drawing/Submittal Re%Aew Change Orders RPR Sub coordination Testing Sub coordination Contractor Pay Application Revriew/Process General QC/PIVI Project Accounting Project Administrative Support Monthly Subtotals: Effort: $ 8,600 1 $ 63.000 1 $ 15,000 1 $ - 1 $ - 1 $ 6,300 1 $ 8,500 1 1 1 1 1 H 101 $ Kimley-Horn and Associates. Inc. Project Workplan Budget Date: January 18, 2013 Client: City of Lubbock, TX Labor: $ 22,400 Number: 530 Project: Milwaukee Ave. RPR Expenses: $ 500 Name: Closeout KHA No: Allocation: $ 1,400 Task Mgr: PM: Kerry Miller, P.E. TOTAL: $ 24,300 Prepare for and attend Substantial Comp Mtg Prepare for and attend weekly site visits Shop Drawing/Submittal Rvulew Record Drawings Rvuiew and Prep RPR Sub coordination Testing Sub coordination Contractor Pay Application Reuiew/Process General QC/PM Project Accounting Project CloseoutProject Administrative Support Project Closeout Subtotals: Q Effort: $ 1,720 1 $ 9.720 1 $ 3,900 1 $ - 1 $ 4,800 $ 840 1 $ 1,360 1 1 1 1 1 11 22.3 $ 500 Attachment C-2 Walker RPR Services, Inc. Proposal 8108 Gary Ave. December 15,2012 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: Milwaukee Ave. Project Task Descriptions and Budgeting: Project Manager Chief Inspector Junior Inspector Task D2seriptlon5; Ickes, $ 92.00 $ 75.00 $ 55.00 Subtotals Labor: Project Management 480 480 (40 hrs / mo x 12 mo) On -site Inspection (Part-time) 1,056 1,056 (88 hrs / mo x 12 mo) On -site Inspection (full-time) 2,112 2,112 (176 hrs / mo x 12 mo) Hour Subtotals: 4801 1,0561 2,112 3,648 Labor Subtatals:1 $ 44,160.00 1 $ 79,200.00 1 $ 116,160.00 $ 239,520.00 Expenses: Vehicle Allowance: $ 6,000.00 $ 6,000.00 ($500 / mo x 12 mo) Expense Subtotals: $ 6,000.00