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HomeMy WebLinkAboutResolution - 2014-R0400 - Agreement - SGS Engineering LLC - Lubbock Downtown Utility Plan - 12_04_2014Resolution No. 2014-RO400 tem No. 6.7 December 4. 2014 RESOLUTION BE IT RESOLVER BY THE CITY COUNCi1. OF THE C T)" OF LUBBOCK: TIIAT the Mayor ofthe City of Lubbock B and is hereby authorized and directed to execute for and on behalf' of the City ❑f I.ubboclti a Professional Services Agreement with SGS Engineering. a Texas 11C, for on -site review services cif' Phase 2 of the Lubbock Downtown 1.'611ty flan, Said Professional Services Agreement is attached hereto anti incorporated in [iris Resolution as if Tully Scat forth herein and shall be included in the minutes of the Council. Passed by the City Council on December 4, 2014 , 2014. r f r GLE! .'RO13 TSON, 1vIAYOR A.l­t. ;ST. Rebe ca Garza, City Secretary A 1;PROV I D jAS TO CONTENT: wjoop vrra�n.JkJiii n. (_ttyi/i-nigtnecr Keit�ih. Chief'Operating Officer II APPROVED AS TO FORM: Linda L. Chamales, Economic Development Attorney [lt} Att 1.mdxKES- SGS Phatir ? ro icy% Do�%mmn i Riiits t'I }ti Scr% jk o. Odoba 30, 2014 Resolution No. 2014-RO400 STANDARD SERVICES AGREEMENT This Agreement is made as of 4th day of December , 2014 by and between CITY OF LUBBOCK CClient°) and SGS ENGINEERING, a Texas LLC ("SGS"). As provided in this Agreement, SGS will provide On -Site Review Services for the following project (the "Project°): Lubbock Downtown Uditty Plan (On -Site Review Services — PHASE 2): located downtown, generally in an area bounded by Marsha Sharp Freeway on the North, Interstate 27 to the East, 19t' Street on the South, and Avenue Q to the West, In the City of Lubbock, in the County of Lubbock, State of Texas. The Utility Plan is further defined as electric, communications, cable television, and gas facilities to be installed in the re -development area. Section 1. Scope of Services (a) SGS will provide the'Basic Services" described in the attached Scope of Services, Schedule 1. The Basic Services authorized by the Client shall be paid for by the Client as provided below. (b) Certain of the Basic Services may be performed by consultants of SGS, but SGS will remain responsible for the full performance of such services. (c) It is anticipated that the scope of services will continue through much of the re- development period. The bulk of the scope will be performed at the beginning of the re- development period, but may require support throughout the re -development period. Section 2. Fees for Services (a) SGS's estimated fees for Basic Services for each Task described in Schedule 1 are shown in attached Schedule 2. The Total Not -To -Exceed fee Is $123,800.00. The Not -To -Exceed amount Is based on the total project. The task estimates are budgetary and may be modified as necessary throughout the project. The hourly rates of any sub -consultants will not exceed the rates of similar classifications shown in Schedule 3 without written consent of the client of such increased rates. (b) Fees and expenses of consultants to SGS for services included with Basic Services shall be paid by Client in the amount Invoiced to SGS plus ten percent (10%) for handling and indirect costs and are included in the Not -To -Exceed fee. (c) The time frame for these engineering services will be determined largely by the requirements of the re -development activities. (d) Reimbursable Expenses shall include actual expenditures made by SGS in the interest of the Project and will be billed at the actual cost to SGS plus ten percent (10%) for handling and indirect costs. Reimbursable expenses include, without limitation, costs of items such as the following and are included in the Not -To -Exceed fee: (1) Copying of drawings, specifications, reports, cost estimates and other documents prepared In connection with the services of SGS under this Agreement. (ii) Duplicate mylars and other photographic products. (III) Specials models, perspectives or other promotional materials approved in advance by Client. (iv) Messenger services, special mailing, long distance telephone calls, telex and telecopy charges. (v) Fees and expenses of special consultants (vi) Cost of commercial carrier, public transportation, lodging, car rental, subsistence and out-of-pocket expenses. (vii) Printing or final report for Client. (viii) Any tax and/or fees Imposed by any taxing authority based upon gross revenue or sales shall be reimbursable in addition to the fee stated In this contract. Section 3. Payment Terms (a) SGS shall be compensated with a Not -To -Exceed fee of $123,800.00, including reimbursable expenses. SGS will bill on a monthly based upon actual time and expenses expended for the project phases identified in Schedule 1. The hourly rates used will be those as shown in Schedule 3. New hourly rates may be considered if this Agreement is amended to extend beyond the temp of this Agreement. The SGS monthly billing will indicate the classifications, along with listing and costs of expenses. (b) The Client shall pay the amount due within 30 days after receipt of SGS's invoice. If the Invoice is not paid within 30 days, SGS may suspend services upon written notice to the Client. If a portion of the Consultant's statement is disputed, the Client shall pay the undisputed portion by the due date. Interest on amounts due and unpaid shall accrue at the rate of 1.5% per month from the 316t day after receipt of the invoice until paid. The Client shall advise the Consultant In writing of the basis for any disputed portions of the statement within 30 days of receipt of invoice. (c) SGS shall keep and maintain time and expense records relating to the scope of services described above, together with supporting receipts, vouchers, and appropriate documentation. As necessary, these records and other appropriate documentation may be required to support invoices submitted to the Client. The Client shall have the right to examine such records as it deems necessary upon reasonable notice to SGS. (d) If a delinquency by client occurs, SGS may choose to suspend work. If such a decision to suspend work is made, SGS will notify Client in writing. SGS may choose to recommence work once a delinquency is completely cured and any and all attendant collections costs, fees, increases in costs or fees, to other amounts required to be paid by Client under this Agreement are made in full. If a delinquency by Client occurs and SGS chooses not to suspend work, no waiver or estoppels shall be implied or inferred. Section 4. Client's Responsibilities Client agrees to provide full, reliable information regarding its requirements for the Project and, at its expense, shall furnish the information, surveys and reports, if any, listed on Attachment C. In addition, Client agrees to provide, at its expense and In a timely manner, the cooperation of its personnel and such additional information with respect to the Project as may be required from time to time for the performance of SGS's work. Client shall designate a Project Representative authorized to act on behalf of Client with respect to this Agreement and agrees to render any decisions promptly to avoid unreasonable delay to the Project and the performance of SGS's work. Section 6. Termination The Agreement may be terminated by either Client or SGS by giving written notice at least thirty (30) days prior to the date of termination. In the event of such termination, Client shall pay SGS for services and Reimbursable Expenses performed or incurred prior to the termination date. Section 6. Access to the Site; Photographs SGS and SGS's employees and consultants shall have access to the Project area from the public right-of-way at all reasonable times and shall be permitted to photograph the Project. Section 7. Use of Documents Plans, drawings and specification or other writings or documents prepared or provided by SGS hereunder are prepared for this Project only, but may be used by SGS for purposes of illustrating the scope and nature of project involvement. SGS shall provide Client with a reproducible set of drawings and specifications and a copy of studies, drawings, photographs, GIS Data, and digital files and images for its records. Section 8. Indemnification To the extent authorized by law, Client and SGS shall each indemnify and hold the other harmless from any claim or damages of any nature whatsoever arising from the acts of its own officials and/or employees in connection with this Project. In the event of joint and concurrent negligence of both Client and SGS, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental Immunity available to City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise to any other person or entity. Engineer shall not be responsible for actual means, methods, techniques, sequences, procedures or safety precautions and programs used in connection with the Project by others. Engineer shall assist the Owner in the administering of its contracts with any vendor or other Section 9. Insurance (a) General Liability: SGS's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $500,000 each occurrence and in the aggregate and shall include the following: • Bodily Injury and Property Damage • Broad Form Contractual Liability Personal Injury and Advertising Injury • Fire Legal Liability • Products and Completed Operations (b) Business Automobile Liability: SGS's insurance shall contain a combined single limit of at least $500,000 per occurrence, and include coverage for but not limited to the following: Bodily Injury and Property Damage Any and all vehicles owned, used, or hired (c) Professional Liability: SGS's insurance shall contain a combined single limit of a minimum of $1,000,000 per occurrence and in the aggregate, including errors & omissions. 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 Contract 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 Contract. (d) Workers' Compensation and Employers Liability Insurance: SGS shall elect to obtain workers' compensation coverage pursuant to Section 406,002 of the Texas Labor Code. Further, SGS shall maintain said coverage throughout the term of this contract and shall comply with all provision of Title 5 of the Texas Labor Code to ensure that SGS maintains said coverage. Any termination of workers' compensation insurance coverage by SGS or any cancellation or non -renewal of workers' compensation insurance coverage for SGS shall be a material breach of this contract. The policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Employer's Liability with limits of at least $500,000 each accident, $500,000 by disease, policy limit, and $500,000 by disease each employee shall also be obtained and maintained throughout the term of this contract. (e) Other Insurance Requirements: SGS's general liability and auto liability insurance policies through policy endorsement must include wording, which states that the policy shall be primary and non-contributory with respect to any insurance carried by City of Lubbock. The certificate of insurance must reflect that the above wording Is included in evidenced policies. All policies must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Section 10. Miscellaneous (a) Client and SGS each bind itself and its successors and assigns to this Agreement. Neither Client nor SGS shall assign or transfer its interest in this Agreement without the written consent of the other. (b) SGS will provide client with a list of subcontractors and personnel associated with this project. Changes to subcontractors require written consent of Client. (c) All products produced during this contract, including studies, drawings, photographs, GIS data, and digital files and images, will become the property of the Client. (d) This Agreement shall be governed by the laws of the State of Texas. Any disputes arising in connection herewith shall be referred to the state or federal courts within the State of Texas as first -instance courts of exclusive jurisdiction to which both parties hereby submit. The venue would be exclusively in Lubbock County. The prevailing party in any dispute between the parties in connection herewith shall be entitled to all costs and expenses, including without limitation, reasonable attorney's fees and expenses incurred, provided that such costs shall be limited in amount to the lesser of (i) $50,000 and (ii) the amount payable by Client hereunder for SGS's fees for Basic Services and Additional Services. (e) This Agreement represents the entire Agreement between Client and SGS. This Agreement may be amended only by a writing signed by both Client and SGS. (f) Any individual who signs this Agreement on behalf of Client or SGS, represents, promises, and guarantees, that he or she is fully authorized to execute this Agreement on behalf of the respective party. (g) Nothing contained herein shall be construed to imply a joint venture, partnership, or principal -agent relationship between SGS and City of Lubbock. (h) if any provision of this Agreement Is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it enforceable so long as the modification is reasonably within the intent the parties originally expressed. If the provision may not be so modified, the unenforceability shall not offset any other provision of the Agreement. (i) Notice Addresses SGS Engineering Steve Owens 401 50th Street Lubbock, TX 79404 Phone: 806-795-6827 Fax: 806-795-7526 Section 11. Term and Scope of the Agreement Client: City of Lubbock Neil Welch, P.E., Assistant City Engineer PO Box 2000 Lubbock, TX 79457 Phone: 806-775-3254 Fax: 806-775-2051 (a) The term of this agreement shall be one (1) year. After signing Notice to Proceed, this Agreement may be amended or a new agreement may be negotiated at the desire of both parties. (b) The scope of the project may be adjusted by negotiation as required as the project develops. Section 12. Reservation of Rights 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, the former shall control. EXECUTED in duplicate and effective as of the 4th day of December , 2014 SGS ENGINEERING, LLC Date: / / 12 1 By: Steve Owens, P.E. Title: Managing Partner Address: CITY OF LUBB4 401 50t' Street Lubbock, TX 79404 Phone: 806-795-6827 Glen C. Rob6rts n,tayor Fax: 806-795-7526 A EST: [� Attention: Steve Owens lZ Reb Lcca Garza, City Secreta Keith Smith. Director of Public Works APPROVED AC TO FORM. Lin amales ona is eve nt Attc y Address: City of Lubbock P.O. Box 2000 Lubbock. TX 79457 Phone: 806-775-2110 Fax: 806-775-2051 Attention: Wood Franklin SCHEDULEII: SCOPE OF SERVICES Task 1: On -Site Review Services The Engineer shall provide on -site review of construction, including interpretation of specifications, modifications to design, and coordination with City of Lubbock staff and requirements. SCHEDULE2 SGS Engineering Fees Task 1: Estimated Fee $123,800 Fee based on time and expense application of attached rates (Schedule 3) TOTAL. NOT-TO-EXCEE❑ FEE $123,800 Lubbock Downtown Redevelopment Project Task 1- Construction Services A On-slte construction observation 0 Expenses Associate Graduate Senior Senior Assodate Corot Total Total Partner Senor PE PE Engineer Staff Tech lead Tech Tech Services Clerlal Hours Exten (S) Rates 168 158 139 111 iS3 93 77 67 99 62 1200 1200 51181800 $5,OD0 1200 $123,800 ENGINEERING, LLC 2014 STANDARD BILLING RATES 0I/01/2014 BILLING CLASSIFICATION 2014 RATE EMPLOYEE Partner 5 168 Owens Partner 4 158 M Smith, Bow, Neal, L Teal, Payne, Sarkis Partner 3 150 Partner 2 142 Partner 1 134 Senior Professional Engineer 5 168 Senior Professional Engineer 4 158 Richardson, Wolgamott, Mantes Senior Professional Engineer 3 150 Senior Professional Engineer 2 142 Senior Professional Engineer 1 134 Associate Professional Engineer 5 139 Associate Professional Engineer 4 132 Manuel, McDonald Associate Professional Engineer 3 125 Associate Professional Engineer 2 118 VanDeventer Associate Professional Engineer 1 III Graduate En ineer 5 111 Alvarez, Harnes Graduate Engineer 4 105 Brown Graduate Engineer 3 99 C. Smith, Weaver, Ramireddy Graduate Engineer 2 93 Graduate Engineer 1 87 Senior Staff 10 153 Senior Staff 9 147 Senior Staff 8 141 Senior Staff 7 135 Senior Staff 6 129 Page 2 2014 STANDARD BILLING RATES BILLING CLASSIFICATION 2014 RATE EMPLOYEE Senior Staff 5 123 Senior Staff 4 117 Senior Staff 3 111 Senior Staff 2 105 Sweat Senior Staff 1 99 Cisneros, Keesee Construction Services 5 94 Wilson, Gene Smith, Reddin Construction Services 4 90 Sears Construction Services 3 86 Gale Smith Construction Services 2 82 Construction Services 1 78 Mike Dees Senior Technician 5 93 Shaw, Giovannetti, Dudley Senior Technician 4 89 Hawkins Senior Technician 3 85 Seve Senior Technician 2 81 Senior Technician 1 77 Lead Technician 5 77 Lead Technician 4 74 Lead Technician 3 71 Hernandez, Benishek Lead Technician 2 68 Lead Technician 1 65 Associate Technician 5 67 McNabb Associate Technician 4 64 Associate Technician 3 61 Associate Technician 2 58 Associate Technician 1 55 Administrative Assistant 5 62 Administrative Assistant 4 59 A Teal Administrative Assistant 3 56 Westbrook Administrative Assistant 2 53 Dunn Administrative Assistant 1 50 Page 3 2014 STANDARD RATE SHEET ATTACHMENT SPECIAL CHARGES AND ADDERS (1 / 1 /2014 through 12/31 /2014) OVERTIME PER DIEM MEALS EXPENSES MILEAGE 4-WHEELER GPS SURVEY EQUIPMENT RANGER RANGER + GPS SURVEY RELAY TEST EQUIPMENT (OMICRON) WORK ORDER INSPECTIONS Billing Rates times 1.5 multiplier $125.00 per Day $45.00 per day OR $10.00 Breakfast, $10.00 Lunch, $25.00 Supper Actual Out -of -Packet On -Road: IRS Allowable Off -Road: IRS Allowable plus $0.04 $75.00 Per Day $350.00 Per Day $250.00 Per Day $600.00 Per Day $500.00 Per Day or $1,800.00 Per Substation Checkout $525.00 Per Day plus Expenses NOTE: Billing of specialty charges may include a 10% administration fee. NOTE: Specialty rates may be applicable for Forensic, Wind, and System Protection services as determined by SGS Engineering on a project basis. These rates are available upon request. Rate for PSS/E Software work: $250.00 per Hour SCHEDULE 4 Information Provided by Client Information that may be required by SGS shall include: • GIS Layers as shape files: Right -of -Way - Water lines - Sewer lines - Parcel lines - Floodplain - One-way streets - Bus routes and stop locations Centerline information, including street names - Existing zoning - Existing land use - Property values - Property ownership - Historic landmarks (local, state, national) Buildings over 3 stories City, county, state, and federal ownership - TIF and PID boundaries Signalized Intersections - On street parking locations Street Functional Classifications • Documents/other. hard copy and/or computer files (drawings, databases, spreadsheets, etc.) - Comprehensive Land Use Plan - Marsha Sharp Freeway extension plans and profiles (specifically location and configuration of ramps) (TXDOT will provide schematics first, then more if needed) - Texas Tech Master Plan - Arts District Master Plan - Site Plan for the Walmart - Overton Park Public Improvements Site Design Guidelines - Overton Park Residential Design Guidelines - Civic Center info — events, attendance, etc. - New downtown ordinance language (Ordinances and Design Standards) - Historic sites, structures as needed - Parking inventory: surface and structured parking (private and public): ownership, number of spaces, usage, $ rates - Progress/investment to -date for 2 existing TIF Districts (annual reports) - Convention and Tourism Bureau `Tourism Research, Strategic Organization and Marketing Plan" CBD Water Line Replacement Plan - City Logo - Aerial Photographs (current 2005 district orthophotography and historic aerials as needed) - Bicycle Plan - Traffic Count Map - Pavement Conditions - Citibus Marketing Study Cklbus Ridership Surveys (Texas Tech and Fixed Route) - Citlbus station inventory - Depot District parking information (zone case) - List of agency/department contacts