HomeMy WebLinkAboutResolution - 2010-R0007 - Kimley-Horn For Construction Phase Services From 103Rd To FM 1585 - 01_14_2010 (2)Resolution No. 2010-R0007
January 14, 2010
Item No. 5.7
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 for
Professional Services for Indiana Avenue Paving Improvements (103`d Street to FM
1585), 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 this 14th
ATTEST:
Rebecc Garza, City Secretary
APPROVED AS TO CONTENT:
G C ,
arry D. He el, P.E., C.F.M.
City Engineer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw: ccdocs/RES.Agreement-Kimley-Horn
112.18.09
day of January , 2010.
TOM MARTIN, MAYOR
Resolution No. 2010-R0007
El IM F1 Kimley-Horn
and Associates, Inc.
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 Indiana Avenue — 103`d Street to
FM 1585 project. The general project description, scope of services, schedule, and
fee set forth are below.
General Project Description (the "Project")
Indiana Avenue from 103`d Street to FM 1585 (1301h Street) will be widened from
an existing asphalt roadway to a 7 lane undivided concrete roadway. The Project
will include Construction Phase Services associated with the reconstruction of
Indiana Ave. The construction phase services will be provided in conjunction with
our local subconsultant Walker Construction Management (WCM).
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, incorporated
herein for all purposes)
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 City anticipates the construction phase of the project to last 15 months. KHA
will provide the Services as expeditiously as practicable during the construction
phase of the Project. The construction phase of the project will begin with the
preconstruction meeting and conclude upon the delivery of final record drawings
once construction is complete. If the construction phase extends beyond the
anticipated 15 month construction period, KHA will provide continued
construction phase services on an Additional Services basis but only upon written
request by the City.
Suite 275
2201 W. Royal Lane
Irving, Texas
75063-3206
TEL 214 420 5600
FAX 214 420 5680
Fee and Billing
KHA will provide the tasks identified in the Scope of Services on a labor fee plus
expense (reimbursable) basis, not to exceed the sum of $348,300 for the
reimbursable tasks, which includes all reimbursable expenses. The not to exceed
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. 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 of page intentionally left blank}
Incorporation
Attachments A, A-1, B and C are in hereby expressly incorporated in this
Agreement for all purposes.
Executed and effective this 14th day of January, 2010.
KIMLEY-HORN AND ASSOCIATES, INC.
By:
G. Brad Tribble, P.E.
Title: Senior Vice President
CITY OF LUBBOCK
TOM MARTIN, MAYOR
ATTEST:
Rebecc aria, City Secretary
APPROV,W AS TO C NTENT:
L Herte , P.E., City Eng neer
APP FORM:
trAssistanCity Attorney
Attachments — Standard Provisions
Attachment A — Scope of Services
Attachment A-1— Additional Terms
Attachment B — Current Hourly Rate Schedule
Attachment C — Workplan
Resolution No. 2010—R0007
KIMLEY-HORN AND ASSOCIATES, INC.
STANDARD PROVISIONS
(1) Consultant'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 an amount based upon the Consultant's then -
current hourly rates plus direct expenses including in-house duplicating, local mileage, telephone calls, and postage. Other
direct expenses will be billed at 1.1 times cost.
(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 an executed
copy of this Agreement and will complete the services within the time specified in this Agreement. Times for performance
shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control and
cannot remedy through the exercise of diligence.
(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.
(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 by the Client for other projects at its sole risk. 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. Any
authorization or adaptation will entitle the Consultant to further compensation at rates to be agreed upon by the Client and
the Consultant. 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. Only printed copies of
documents conveyed by the Consultant may be relied upon.
(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 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. In the
event of any termination, the Consultant shall be paid for all services rendered and expenses incurred to the effective date of
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. If this Agreement is terminated, the Consultant shall
provide the Client all documents (level of completeness determined by the termination date), including but not limited to
drawings, specifications, reports, and data prepared by the Consultant that are related exclusively to the services described
in this Agreement.
(8) Insurance. The Consultant shall procure and carry Workers' Compensation insurance, professional liability insurance,
and general liability insurance as set forth in Attachment A-1.
(9) Standard of Care. In performing its professional services, the Consultant will use that degree of care and skill
ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the
services are provided. No warranty, express or implied, except as expressly provided herein, 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 costs related to the failure
of contractors to perform work in accordance with the plans and specifications.
(11) 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.
(12) [Intentionally omitted]
(13) Hazardous Substances and Conditions.
(a) Services related to determinations involving hazardous substances or conditions, as defined by federal or state law, are
limited to those tasks expressly stated in the scope of services. In any event, Consultant shall not be a custodian,
transporter, handler, arranger, contractor, or remediator with respect to pre-existing 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.
(b) 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. The parties shall decide if Consultant is to
proceed with its services and if Consultant is to conduct testing and evaluations, and the parties may enter into further
agreements as to the additional scope, fee, and terms for such services.
(14) Construction Phase Services.
(a) [Intentionally omitted]
(b) If the Consultant provides construction phase services, 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.
(15) 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 Consultant reserves the right to augment its staff with
subconsultants, as approved by Client (the subconsultants specifically defined and described in the Agreement being
approved by Client), 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.
(16) 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 created 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.
(17) 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. This Agreement can be supplemented or amended only by a written document duly
authorized and 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.
Attachment A — Scope of Services
Indiana Ave. —103d Street to 1301h Street - Construction Phase Services
Consultant will provide professional construction phase services as specifically stated below:
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 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.
The purpose of Consultant's site visits will be to enable Consultant to better carry out the
duties and responsibilities specifically assigned in this Agreement to Consultant, and to provide
Client a greater degree of confidence that the completed Work will conform in general to the
Contract Documents. 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.
Change Orders will be prepared by the Consultant and, upon Contractor execution, submitted to
the Client for review and approval.
City of Lubbock — Indiana Avenue from 103'd Street to FM 1585 Page I of 3
Scope of Services -Construction Phase Services December 21, 2009
Shop Drawings and Samples. Consultant will review and approve or take other
appropriate action in respect to Shop Drawings and Samples and other data which Contractor is
required to submit, but only for conformance 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.
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 may require 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 upon observations by the Resident Project
Representative (RPR), Consultant will prepare the Application for Payment, review with
Contractor for compliance with the established procedure for their submission, and forward to
Client indicating the amount the Consultant recommends the Contractor be paid. The application
for payment will include signatures from Consultant, Resident Project Representative (RPR),
Contractor, and Client. 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 moneys 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
City of Lubbock — Indiana Avenue from 103`' Street to FM 1585 Page 2 of 3
Scope of Services -Construction Phase Services December 21, 2009
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.
Final Notice of Acceptability of the Work. Consultant will conduct a final site visit to
determine 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 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 and/or the KHA field representative as to the actual field placement of the work
including any changes or deletions. KHA is not responsible for the accuracy of the information
provided by the Contractor. KHA 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 — Indiana Avenue from 103rd Street to FM 1585 Page 3 of 3
Scope of Services -Construction Phase Services December 21, 2009
Resolution No. 2010—R0007
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. Ins urance/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 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.
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: Larry Hertel, P.E., City Engineer
P.O. Box 2000
Lubbock, Texas 79457
Facsimile: (806) 775-3074
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.
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.
Resolution No. 2010-R0007
ATTACHMENT B
Kimley-Horn and Associates, Inc.
Standard Rate Schedule
(Hourly Rate)
QC
$210
PM
$190
Senior PE
$140
PE
$125
Analyst
$100
CAD
$85
Admin
$75
WCM — PM $100
WCM — Inspector $75
WCM — Admin $65
The rates listed above are applicable for up to 15 months after the date of
execution of this Letter Agreement for Indiana Avenue —1 3' Street to FM 1585.
ATTACE ENT C
Resolution No. 2010—R0007
�❑ Kimley-Horn
and Associates, Inc.
WorKp/an Budpet
General Project Informatioti
Client: City of Lubbock, Twm
Project: Indiana Ave - Cont. phi
KHA No.
PM: Leslie Bruce
Budge Bammairy
Dab Dec 21, 2009
Budge
. No.
Task Name
Hours
tabor
�►
Iac erase
Allocation
Subtotal
1
Startup- Month 1)
73700
1,100
$ 26,800
815
Startup - Month 2
242
$ 22,200
$ 900
$ 23,100
520
Standard - 11 mo
2, 717
$ 234,100
$ 9,400
$ 243,500
530
Closeout • Month 1
271
$ 24,000
$ 1,000
$ 25,000
536
Closeout - Month 2
293
$ 28,100
$ 600
$ 1,200
$ 29,900
*undesi hated nad'l Services
$ -
$ -
At.
3A95
$ 334,100
600
$ 13,800
$ 348,300
Page 1 Of 6
K:H.AC_Rosdw*MARKKnNCiUftock\2009 Indiana Ave RPR1ChiWm Upch"W orkP Sudget v3jb Printed:12/21MM, 1:36 PM
Date: Decexilm 21, 2NO
IGmleyr-H,m
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Project Wodggaa Budget
General Project Information Task Effort Summary Task Information`
e �.r
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Hogs on per nwnth basis
.77
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Wad;pJant
Date: Decker 21, 2WO
General Project Information Task EfforYSummary Task Information
Pvqjed: buMena Ave - Const. Phase Expense: $ Name: Startup - (MovA 2)
KHA No: €f Task Mgr
Hours on per month basis
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Page 3 of 6
PrWeit 12/21/ M, 1:36 PM
Date: December 21, 2009
o—fl I�r�-Ho!n
M and Assoaaies, Inc.
_Workplan Budget
General Project Information Task E#fort Summary, TaskInformation
6 =
� E
Hours on per month basis
Moaft Tsdr
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Page 4 d 6
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E]—n IGmley-Hom
ii� and Associates, Inc.
Project Worliplaa Budget
Date: December 21, 2009
ProjectGeneral ® ®n Task Information
CSeW- City of Lubbock, Texas Labor $ 24,00 Number: 530
Project: !mane Ave - Cont. Phase Expense: $ - Name: Closeout - (LIOVA 1)
KMA No: Ex se AYocaaftn: $ 1 ON Task Mgr:
PM: LeaMe Bruce TOTAL: 25,006
!fours on per avontb basis
MOW* T..k
Page 5 d 6
KtAC_Roadk�K TWGU_ubbock=W kWkm Ave MWhildress tJpc aWWaic1'WOAget v3ads MAW: 12/21/2009, 1:36 PICA
and Ass —a a;,n,e,,_,
� oaates, Inc.
Project Wedrpim Beet
Date: December 21, 2009
General Project Information Task Information
C WIC City of Lubbock, Texas Labor: $ 26,180 Plumber: 535
Pmje& b Wbm Ave - CoetsL Please Expense: $ 600 Name: Closeout - (Month 2)
KHA No: Ex /Wocation: $ 1,200 Taste Mgr:
PM: Les" Bruce TOTAL: 29,9
Hours on per montfl basis
550
KALAC_RoadwaAMARKETINGLL.ubbodd2009 kxkm Ave RPR\Chbdness Update\W a~Budget v3.As
Page 6 d 6
Printed: 12/21/2009, 1:36 PM