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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. 2 (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. 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N Q Lu 00 CL M 0 .0 G/ Ln LD 0! q C N CL � Ol cr 10 0 O tD O O O N ;rON m N ON Q 7 00 U 2 mO CoJ C c - d O c CN N L L O w c C. 3 3 C O O` c c c ar o 0 0 oCL O O m m C c to 01 •- y 01 y D Q M cc u U w N Q m U O W LL 0 Y �o H HY N V O V V a •••� LU Ln5-1x O ry 001 a -;rO N O H = V _ LD o to u u N M + G/ 00 _U O U N Ln 01 Ln � L m u u O d) H ou) a L 01 H N 'O 01 oo J N O u c u v a) N C O 00 00 m N Ln otl-- �q E O :° m L Y m 00 � c A c (7 W N N j0 O Lu O D. N Q Lu 00 CL M 0 .0 G/ Ln LD 0! q C N CL � Ol cr 10 0 O tD O O O N ;rON m N ON Q 7 00 U 2 mO CoJ C c - d O c CN N L L O w c C. 3 3 C O O` c c c ar o 0 0 oCL O O m m C c to 01 •- y 01 y D Q M cc u U w N Q m U O W LL 0 Y �o H 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 11 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 14