HomeMy WebLinkAboutResolution - 2010-R0052 - SGS Engineering, LLC. Engineering Services Relocating Utilities In Downtown - 01/28/2010Resolution No. 2010-R0052
January 28, 2010
Item No. 5.19
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 Agreement between the
City of Lubbock and SGS Engineering to design and coordinate underground utilities in
downtown Lubbock. 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 Council.
Passed by the City Council this 28th_ day of January—,2010.
TOM MARTIN, MAYOR
ATTEST:
Rebec Garza, City Secretary
APPR VED S TO CONTENT:
Rob Allison, 7. s Ty Manager
Development Services
APPROVED AS TO FORM:
Linda L. Chamales,
Economic Development Attorney
City Att Linda: Res -City and SGS Agmt.
January 14, 2010
Resolution No. 2010-R0052
STANDARD SERVICES AGREEMENT
This Agreement is made as of 28th day of January 2010 , by and between CITY
OF LUBBOCK ("Client") and SGS ENGINEERING, a Texas LLC ("SGS").
As provided in this Agreement, SGS will provide professional planning and design services for the
following project (the "Project"):
Lubbock Downtown Utility Plan: located downtown, generally in an area bounded by Marsha
Sharp Freeway on the North, Interstate 27 to the East, 19th 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 Client shall be paid for by 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 $232,000. 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.
1
(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:
(i) 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) Special 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 $232,000, including reimbursable
expenses. SGS will bill on a monthly basis based upon actual time and expenses
expended for the project tasks 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 term 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 31st 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.
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(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 estoppel 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 attached Schedule
4. 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 5. 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.
3
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.
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.
(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.
4
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.
(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
5
may not be so modified, the unenforceability shall not offset any other provision of the
Agreement.
(i) Notice Addresses
SGS:
Client:
Steve Owens
401 50th Street
Lubbock, Texas 79404
Phone: 806-795-6825
Fax: 806-795-7526
Lee Ann Dumbauld, City Manager
P.O. Box 2000
Lubbock, Texas 79457
Phone: 806-775-2003
Fax: 806-775-2051
Section 11. Term and Scope of the Agreement
(a) The term of this agreement shall be two (2) years. 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.
0
EXECUTED in duplicate and effective as of the 28th day of January , 2010
SGS ENGINEERING, LLC
Date: D v
By:
Steve Owens, P.E.
Title: Managing Partner
Address: Client: CITY OF LUBBOCK
401 50th Street
Lubbock, TX 79404
Phone: 806-795-6827 To Mrtin, Mayor
Fax: 806-795-7526
ATTEST:
Attention: Steve Owens t---) �1
RebeccarGarza, City Secretary
APPROVED AS T.CONTENT:
Rob Alli Assis ' Manager of Development
Services %
Q X YC �?
Marsha Reed, Chief Operating Officer
APPROVED AS TO FORM:
Linda Chamales,
Economic Development Attorney
Address:
City of Lubbock
P.O. Box 2000
Lubbock, TX 79457
Phone: 806-775-2110
Fax: 806-775-2051
Attention: Rob Allison
7
Resolution No. 2010-R0052
SCHEDULE 1:
SCOPE OF SERVICES
Basic Services:
Coordinate with downtown utility companies and the Master Developer for the design of utility
infrastructure and prepare bid documents for the City of Lubbock to conform with the Downtown
Redevelopment Action Plan.
Task 1: Project Mananement
In order to manage the project the engineer will attend required meetings, prepare
agendas, and prepare status reports. The engineer will also prepare submittal documents,
develop as built drawings, and develop a project schedule.
Task 2: Ennineering Model
Develop an engineering model of re -development area to be used to determine electric
requirements. This model will evolve throughout the project as proposed loads and
development configurations evolve. The model will be based upon a single electric utility
system.
Task 3: Electric Utility Coordination
Coordination of the Electric Utility with the other services in the development area. Deal
with issues of retirement of existing facilities, installation of new facilities, and re -location of
existing customer facilities.
Task 4: Communication, Cable Services. and Gas Utility Coordination
Coordination of communication services, cable television services, and gas services with
the electric facilities. Coordination will also be required with the city water and sewer
facilities.
Task 5: Utility Desion
Design and layout of electric, communication, cable television, and gas facilities in the re-
development area. These responsibilities include development of the detailed requirements
for installation of all facilities and standards of installation for occupying proximity locations.
8
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SCHEDULE2
SGS Engineering Fees
Task 1: Estimated Fee $60,000
Fee based on time and expense application of attached rates (Schedule 3)
Task 2: Estimated Fee $35,000
Fee based on time and expense application of attached rates (Schedule 3)
Task 3: Estimated Fee $38,000
Fee based on time and expense application of attached rates (Schedule 3)
Task 4: Estimated Fee $46,000
Fee based on time and expense application of attached rates (Schedule 3)
Task 5: Estimated Fee $53,000
Fee based on time and expense application of attached rates (Schedule 3)
TOTAL NOT -TO -EXCEED FEE $232,000
0
10
SCHEDULE 3
Rates
2010 STANDARD BILLING RATES
O1/01/10
BILLING CLASSIFICATION
2010 RATE
EMPLOYEE
Partner 5
148
Steve
Partner 4
140
Mike, Greg
Partner 3
132
Gene, Donny, Travis
Partner 2
124
Lonnie, Monte
Partner 1
116
Senior Professional Engineer 5
148
Senior Professional Engineer 4
140
Les
Senior Professional Engineer 3
132
Senior Professional Engineer 2
124
Senior Professional Engineer 1
116
Associate Professional Engineer 5
125
Associate Professional Engineer 4
118
Associate Professional Engineer 3
111
Associate Professional Engineer 2
104
Marty
Associate Professional Engineer 1
97
Graduate Engineer 5
97
Graduate Engineer 4
91
Graduate Engineer 3
85
Michael
Graduate Engineer 2
79
Graduate Engineer 1
73
Mark, Jerrod, Joseph
Senior Staff 6
117
Catt
Senior Staffs
111
Senior Staff
105
Senior Staff 3
97
Senior Staff
93
Senior Staff 1
87
10
Page 2
11
2010 STANDARD BILLING RATES
BILLING CLASSIFICATION 2010 RATE
EMPLOYEE
Construction Services 5
84
Galen
Construction Services 4
80
George, Mike D., Lee
Construction Services 3
76
Gale, Mike R.
Construction Services 2
72
Construction Services 1
68
Senior Technician 5
83
Randy, Luis, Pete, Heath
Senior Technician 4
79
Senior Technician 3
75
Johnnie
Senior Technician 2
71
Senior Technician 1
67
Lead Technician 5
67
Lead Technician 4
64
Lead Technician 3
61
Joe, Celeste
Lead Technician 2
58
Lead Technician 1
55
Associate Technician 5
57
Associate Technician 4
54
Holl
Associate Technician 3
51
Associate Technician 2
48
Michele, Dustin
Associate Technician 1
45
Administrative Assistant 5
62
Administrative Assistant 4
59
Administrative Assistant 3
56
Kristen, Angie
Administrative Assistant 2
53
Laura, Cindy
Administrative Assistant 1
50
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Page 3
Overtime
Per Diem
Expenses*
Mileage*
4 -Wheeler
RATE SHEET ATTACHMENT
SPECIAL CHARGES AND ADDERS
(1/1/10 through 12/31/10)
Billing rate times 1.5 multiplier
$135.00 per day
Actual out-of-pocket
2WD
4WD
$75.00 per day
for out of town travel
IRS allowable
IRS allowable plus $0.04
GPS (Survey Quality) $250.00 per day $125.00 per half day
Ranger
$250.00 per day
Relay Test Equipment $500.00 per day $1,800.00 per Substation checkout
(Omicron)
*Billing of these charges will include a 10% administration fee
12
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
13
Resolution No. 2010-R0052
- 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
- Citibus Ridership Surveys (Texas Tech and Fixed Route)
- Citibus station inventory
- Depot District parking information (zone case)
- List of agency/department contacts
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