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HomeMy WebLinkAboutResolution - 2010-R0269 - Professional Services Contract For Study Of Playa Lake 18 W/Hugo Reed - 06/10/2010Resolution No. 2010-RO269 June 10, 2010 Item No. 5.15 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 Contract for Professional Services for a Study of Playa Lake 18, by and between the City of Lubbock and Hugo Reed and Associates, Inc., and related documents. Said Contract 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 _ ATTEST: Rebecc Garza, City Secretary APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operating Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney June 10, 2010 TOM MARTIN, MAYOR vwxcdocs'RES.Contract-Hugo Reed & Associates, Inc. May 20, 2010 Resolution No. 2010—RO269 Study of Playa Lake 18 CITY of LUBBOCK CONTRACT for PROFESSIONAL SERVICES THE STATE OF TEXAS § THE COUNTY OF LUBBOCK § THIS CONTRACT is made by and between the City of Lubbock, Texas, hereinafter called the OWNER, and Hugo Reed and Associates, Inc., hereinafter called HRA. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the OWNER and HRA do mutually agree as follows. AGREEMENT ARTICLE 1. CONTRACT PERIOD This contract becomes effective when fully executed by both parties. The effective date of this contract shall be June 10, 2010 . The Project Contract Period is anticipated to be eight (8) months, beginning on the date that HRA receives written Notice to Proceed from the OWNER. HRA will not begin work or incur costs until so authorized in writing by the OWNER. HRA anticipates receiving Notice to Proceed on or before June 24, 2010. ARTICLE 2. SCOPE OF SERVICES HRA will provide the professional services described in Attachment A, "Project Scope and Services." The OWNER will furnish services described in Attachment B, "Services to be provided by OWNER." ARTICLE 3. COMPENSATION The maximum amount payable under this contract for Basic Services and Reimbursable Expenses shall not exceed 134,357 unless an amendment is executed as provided hereinafter. Payment is authorized for costs incurred in accordance with the fee schedule attached hereto and labeled Attachment C, 'Basis for Payment." HRA is authorized to submit periodic requests for payment within thirty days after costs are incurred as authorized herein. The request for payment shall be made using forms acceptable to the OWNER and shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current billing. All requests for payment will be mailed to the address shown on the signature page of this contract. ARTICLE 4. WORK AUTHORIZATION The OWNER will authorize the work as described in Attachment A to be performed by HRA by the execution of this contract. The total cost authorized shall not exceed the maximum amount payable established in Article 3, "Compensation," nor shall completion dates extend beyond the end of the Study of Playa Lake 18 Page I contract period established in Article 1, "Contract Period," unless either is authorized by amendment as provided hereinafter. ARTICLE 5. PROGRESS Upon acceptance of a work authorization, HRA shall undertake and complete the authorized work. The OWNER or HRA can request conferences to be provided at HRH's office, the office of the OWNER, or at other agreed upon locations. ARTICLE 6. INSPECTION OF WORK The OWNER and any of their authorized representatives have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of HRA, HRA shall provide all reasonable facilities and assistance for the convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 7. AMENDMENTS If it becomes necessary at any time during the contract period to change the scope of work, the contract period, the maximum amount payable, the complexity, or the character of this contract, an amendment must be prepared and executed within the contract period established in Article 1 above. The OWNER retains the right to reject any such amendment proposed by HRA unless the OWNER finds the proposed amendment necessary to complete the work authorized herein. Any such amendment will be made in writing agreed to by all parties hereto and duly executed before the end of the contract period specified in Article 1 above. ARTICLE 8. SUSPENSION OF WORK Should the OWNER desire to suspend the work but not terminate the contract, the OWNER will issue a written order to stop work setting out the terms of the suspension. HRA will stop all work and cease to incur costs during the term of the suspension. HRA will resume work when notified to do so in writing by the OWNER. Suspension of work does not extend the contract period. If additional time is required to complete the work because of the suspension, a contract amendment will be executed in accordance with Article 7, "Amendments." ARTICLE 9. REPORTING HRA shall promptly advise the OWNER in writing of events which have a significant impact upon the contract, including: Problems, delays, or adverse conditions which will materially affect the ability to meet time schedules and goals, or preclude the attainment of project work units by established time periods. A statement of the action taken or contemplated shall accompany this disclosure. 2. Favorable developments or events which enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected. Study of Playa Lake 18 PA4P 7 ARTICLE 10. RECORDS HRA agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at its office during the contract period and for seven years from the date of final payment under the contract for inspection by the OWNER or any of their duly authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions. ARTICLE 11. OWNERSHIP OF DOCUMENTS Upon completion or termination of this contract, all documents prepared by HRA or furnished to HRA by the OWNER shall be delivered to and become the property of the OWNER. All sketches, photographs, calculations, and other data prepared under this contract shall be made available, upon request, to the OWNER without restriction or limitation on their further use, however, re -use of any documents by OWNER or others for any purpose other than originally intended and specific to this Project shall be at the sole risk of the user, and HRA shall bear no liability for such re -use. HRA may, at its own expense, have copies made of the documents or any other data furnished the OWNER under this contract. ARTICLE 12. HRA RESOURCES HRA warrants that the firm presently has adequate qualified personnel in its employment for performance of services required under this contract, or will be able to obtain such personnel from sources other than the OWNER. Unless otherwise specified, HRA shall furnish all equipment, materials, and supplies required to perform the work authorized herein. All employees of HRA or of any subcontractor shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of HRA or any subcontractor who, in the opinion of the OWNER, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. ARTICLE 13. SUBCONTRACTS HRA shall not subcontract or otherwise transfer any portion of the work authorized in this contract unless specifically authorized in writing by the OWNER. HRA will require any subcontractors to comply with the applicable terms of this contract. ARTICLE 14. SUCCESSORS AND ASSIGNS The OWNER and HRA each bind itself, its successors, executors, administrators and assigns of such other party in respect to all covenants of this agreement. HRA shall not assign, subcontract, or transfer its interest in this agreement without the written consent of the OWNER. ARTICLE 15. CERTIFICATE OF INSURANCE HRA shall provide the OWNER with evidence that it has insurance coverage in accordance with a current "Certificate of Insurance," which will indicate all insurance currently being maintained in full force and effect by HRA. The insurance and limits will be reviewed by the OWNER'S Risk Study of Playa Lake 18 pipe I Management Coordinator. HRA will not commence work until the OWNER has reviewed and approved the insurance coverage. Insurance Requirements are shown on Exhibit B. ARTICLE 16. DISPUTES HRA shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by HRA in support of the work authorized herein. ARTICLE 17. REMEDIES Violation or breach of contract terms by HRA shall be grounds for termination of the contract, and any increased cost to the OWNER arising from HRA's default, breach of contract, or violation of terms shall be paid by HRA. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 18. TERMINATION This contract may be terminated before the completion date established in Article 1, "Contract Period," by any of the following conditions: A. By mutual consent and agreement of both parties hereto. B. By the OWNER, with notice in writing to HRA as consequence of failure by HRA to perform the services herein set forth in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of HRA. C. By either party, upon the failure of the other party to fulfill its obligations as set forth in the Scope of Services attached hereto and labeled Attachment A and Attachment B, giving written notice one to the other establishing the effective date of termination. D. By the OWNER, for reasons of it's own and not subject to the mutual consent of HRA, upon not less than thirty days written notice to HRA. E. By satisfactory completion of all services and obligations described herein. Should the OWNER terminate this contract as herein provided, costs other than costs due and payable at the time of termination shall thereafter be paid to HRA. In determining the value of the work performed by HRA prior to termination, the OWNER shall be the sole judge. Payment for work at termination will be based on work completed at that time, including partially completed surveys, subject to the conditions established in the paragraph following. In the case of partially complete projects, eligible costs will be calculated on the number of hours documented to the satisfaction of the OWNER multiplied by the hourly rate for the appropriate personnel plus any additional cost authorized in Attachment C, "Basis for Payment," incurred to the date of termination remaining unpaid. If HRA defaults in performance of this contract or if the OWNER terminates the contract for fault on the part of HRA, the OWNER will give consideration to the actual work performed to the date of Study of Playa Lake 18 Page 4 default, the cost to the OWNER of employing another firm to complete the required work, and the time required to do so, and other factors which affect the value to the OWNER of the work performed at the time of default. If the termination of this contract is due to the failure of HRA to fulfill its obligations, the OWNER may take over the project and prosecute the work to completion by contract or otherwise. In such case, HRA shall be liable to the OWNER for any additional cost occasioned the OWNER thereby. ARTICLE 19. COMPLIANCE WITH LAWS HRA shall comply with all Federal, State, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunals in any matter affecting the performance of this contract, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, HRA shall furnish the OWNER with satisfactory proof of compliance therewith. ARTICLE 20. INDEMNIFICATION HRA shall save harmless the OWNER from all claims and liability due to activities of HRA, its agents, or employees, performed under this contract and which result from an error, omission, or negligent act of HRA or of any agent or person employed by HRA. HRA shall also save harmless the OWNER from any and all expenses, including attorney fees which might be incurred by the OWNER in litigation or otherwise resisting said claim or liabilities which might be imposed on the OWNER as the result of such activities by HRA, its agents, or employees. To the extent allowed by law, the OWNER shall save harmless HRA from all claims and liability due to activities of the OWNER, its agents, or employees, performed under this contract and which result from an error, omission, or negligent act of the OWNER or of any agent or person employed by the OWNER. To the extent permitted by law, the OWNER shall also save harmless HRA from any and all expenses, including attorney fees which might be incurred by HRA in litigation or otherwise resisting said claim or liabilities which might be imposed on HRA as the result of such activities by the OWNER, its agents, or employees. ARTICLE 21. SIGNATORY WARRANTY The undersigned signatory for Hugo Reed and Associates, Inc. hereby represents and warrants that he is an officer of the organization for which he has executed this contract and that he has full and complete authority to enter into this contract on behalf of his firm. The undersigned signatory for the OWNER hereby represents and warrants that he/she has full and complete authority to enter into this contract on behalf of this organization. Study of Playa Lake 18 Paee 5 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. CITY OF LUBBOCK TOM MARTIN, MAYOR APPROVED AS TO CONTENT: w �U� 6�� Marsha Reed, P.E., Chief Operations O ficer C� - - Michael G. Keenum, P.E., Stormwater Engineer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney Mailing Addresses: ATTEST: Ree ca Garza, City Sectry ary HUGO REED AND ASSOCIATES, INC. STEVAN M. COLEMAN, P.E. Executive V.P. Operations For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims and correspondence: For: Hugo Reed and Associates, Inc. For: City of Lubbock 1601 Avenue N 1625 13'" Street Lubbock, TX 79401 Lubbock, Texas 79401 Attn: Mr. Bernard J. Gradel, Jr., President Attn. Ms. Marsha Reed, P.E. Study of Pla,;a Lake 18 Paee 6 Resolution No. 2010—RO269 ATTACHMENT B to AGREEMENT for PROFESSIONAL SERVICES SERVICES to be PROVIDED BY OWNER OWNER: City of Lubbock, Texas PROJECT: Study of Playa Lake 18 The OWNER will provide any and all information available to OWNER, upon request, which may be pertinent to HRA's prosecution of the work. OWNER shall assist consultant team in contacts with and requests for information from other public and private agencies as may become necessary during consultant team's prosecution of the services anticipated under this agreement. OWNER shall promptly notify HRA whenever OWNER becomes aware of any occurrence having a material impact on the project. The OWNER shall provide adequate personnel to review submittals and coordinate location and time for meetings as necessary for the prosecution of the work. OWNER shall appoint a Project Manager who will be the primary point of contact for HRA during prosecution of HRA's work on the project, and who shall have authority to make material decisions within his/her delegated authority. OWNER shall provide timely reviews of submittals and timely responses to HRA's Requests for Information so as not to unnecessarily hinder the progress of the work. OWNER shall assist in acquiring permission for access to any public properties necessary for HRA's prosecution of the work. OWNER will arrange or assist in determining time and place for all meetings or presentations required other than those purely for internal benefit of the consultant team. Study of Playa Lake 18 Pa or R Resolution No. 2010—RO269 ATTACHMENT C to AGREEMENT for PROFESSIONAL SERVICES BASIS for PAYMENT OWNER: City of Lubbock, Texas PROJECT: Study of Playa Lake 18 For Services rendered under this Contract, OWNER agrees to pay HRA as follows: A. GENERAL 1. HRA will be paid according to the personnel classifications and hourly rate schedules shown in Table C-1, based on actual services performed on the project by classification and hours. Services performed by the subcontractors will be billed at cost. 2. Monthly payments will be made to HRA based on the uncontested amount of each monthly statement prepared and submitted by HRA. Each monthly statement will be itemized to show the amount of work actually performed by each personnel classification and with associated reimbursable expenses for both HRA and the subcontractors. Statements will be submitted in a format acceptable to OWNER. 3. Anticipated delivery date of the Technical Memo is on or about February 1, 2011. The contract period is outlined in Article 1. Should the Notice to Proceed on the Project not be received by the anticipated date, OWNER agrees that it will be necessary to reconsider the anticipated delivery date and, if necessary, to modify same by amendment to this contract if so agreed upon by both the OWNER and HRA. B. BASIC SERVICES The maximum compensation to be billed OWNER by HRA for performance of the Basic Services and Reimbursable Expenses shall not exceed 134 357. Study of Playa Lake 18 o..,.e 0 Resolution No. 2010—RO269 ATTACHMENT A to AGREEMENT for PROFESSIONAL SERVICES PROJECT SCOPE and SERVICES OWNER: City of Lubbock, Texas PROJECT: Study of Playa Lake 18 The scope of services for this project is as follows: I. BASIC SERVICES A. DESIGN SERVICES The Basic Design Services are outlined in detail in Exhibit A-1, Worksheet B 1, according to the tasking and man-hours indicated therein. Following is a summary of the major categories for the Basic Services to be performed: a. Research of existing studies, as -built drawings, plats and historical rainfall data. b. Topographic surveying services for the purposes of determining the elevation and shape of existing ground at key locations such as intersections and overflow reaches and finished floor elevations of adjacent structures in select at -risk areas. Professional civil engineering services, including research of available existing data, hydrologic and hydraulic modeling in ICPR including duplicate effective modes, existing and future fully developed conditions, alternatives analysis, cost -benefit analysis and recommendations. 2. Deliverables will include a written technical memo which will report the findings of the study including, updated mapping, results of the alternatives analysis and recommendations. HRA will keep the owner informed as to the progress of the study via monthly progress meetings and at key milestones in the study and alternatives analysis. Study of Playa Lake 18 P- 7 Resolution No. 2010—RO269 TABLE C-1 PERSONNEL SERVICE RATES for AGREEMENT for PROFESSIONAL SERVICES OWNER: City of Lubbock, Texas PROJECT: Study of Playa Lake 18 COMPENSATION RATES Hourly fees listed herein will apply for the term of this contract. C. PERSONNEL SERVICES Category of Personnel Principal -in -Charge or Officer 150.00 Engineering or Surveying Project Manager 135.00 Senior Professional Engineer 125.00 Professional Engineer 105.00 Registered Professional Land Surveyor 110.00 Engineer -in -Training 90.00 Survey Crew Manager 75.00 Engineering CADD Technician 75.00 Researcher 71.00 Survey Crew 175.00 Study of Playa Lake 18 PRUP 10 EXHIBIT A-1 TASKING and MAN-HOURS for BASIC SERVICES Study of Playa Lake 18 Paee I I U)En QW W U F- Cc N Y W O (!) o M Z —r :30 J WLL N o z z O �z z U W O O v�l 1� 0 W 00 m w m 0 0 0 0 0 0 0 0 0 0 0 0 0 m r` N m a r0 (O m F O m m m m m N Ot m m O (p m a1 m O) 0 a w a m m O r n o N C p N N at 01 N V N N m N N r` m m N vM 6 m C fH X LU 69 to 69 M f9 (» (» f9 t» Ki fA fA 69 w 69 w 69 t» to 7 m to r` m ,a m m O v m m m m m to(D v O F N (h m N N m 2 m �+ m r O m N m m m O (D N Ni m t n O m m N � m Q 0 L o Lo O F -C m m 0 U m � Lf) O a! a! a! 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O Q cl0 W L U � I�rjYSj E Resolution No. 2010—R0269 EXHIBIT B INSURANCE REQUIREMENTS General Liability: Contractor'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: • Broad Form Contractual Liability • Personal Injury and Advertising Injury • Products and completed operations Professional Liability: Contractor's insurance shall contain Professional Liability with a combined single limit of a minimum of $1,000,000 each occurrence and in the aggregate. Business Automobile Liability: Contractor's insurance shall contain a combined single limit of at least $300,000 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 Workers' Compensation and Employers Liability Insurance: Contractor shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of the contract and shall comply with all provision of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of workers' compensation insurance coverage by Contractor or any cancellation or non -renewal of workers' compensation insurance coverage for the Contractor shall be a material breach of the contract. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, 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 the contract. Other Insurance Requirements: Contractor'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 described below must reflect that the above wording is included in evidenced policies. All policies EXCEPT the Professional Liability policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Study of Play Lake 18