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HomeMy WebLinkAboutResolution - 2016-R0006 - SGS Utility Plan - 01/14/2016Resolution No. 2016-R0006 Item No. 6.9 January 14, 2016 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 Standard Services Agreement for Lubbock Downtown Utility Plan (On -Site Review Services — Phase 3), by and between the City of Lubbock and SGS Engineering, 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 on January 14, 2016 GL C. RO RTSON, MAYOR ATTEST: Rebcca Garza, City Secretaz APPROVED AS TO CONTENT: L. Wood,Prar in, P.E., Director ublic Works APPROVED AS TO FORM: Justin D. Prui , ssistant CiO Attorney ccdocs/RES.Agrmt-SGS Engineering December 23, 2015 Resolution No. 2016-R0006 STANDARD SERVICES AGREEMENT This Agreement is made as of 14th day of January , 2016 , by and between CITY OF LUBBOCK ('Client") and SGS ENGINEERING, a Texas LLC ("SGS"). As provided in this Agreement, SGS will provide On -Site Review Services for the following project (the "Project"): Lubbock Downtown Utility Plan (On -Site Review Services — PHASE 3): 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 the Client shall be paid for by the Client as provided below. (b) Certain of the Basic Services may be performed by consultants of SGS, but SGS will remain responsible for the full performance of such services. (c) It is anticipated that the scope of services will continue through much of the re- development period. The bulk of the scope will be performed at the beginning of the re- development period, but may require support throughout the re -development period. Section 2. Fees for Services (a) SGS's estimated fees for Basic Services for each Task described in Schedule 1 are shown in attached Schedule 2. The Total Not -To -Exceed fee is $305,000.00. The Not -To -Exceed amount is based on the total project. The task estimates are budgetary and may be modified as necessary throughout the project. The hourly rates of any sub -consultants will not exceed the rates of similar classifications shown in Schedule 3 without written consent of the client of such increased rates. (b) Fees and expenses of consultants to SGS for services included with Basic Services shall be paid by Client in the amount invoiced to SGS plus ten percent (10%) for handling and indirect costs and are included in the Not -To -Exceed fee. (c) The time frame for these engineering services will be determined largely by the requirements of the re -development activities. (d) Reimbursable Expenses shall include actual expenditures made by SGS in the interest of the Project and will be billed at the actual cost to SGS plus ten percent (10%) for handling and indirect costs. Reimbursable expenses include, without limitation, costs of items such as the following and are included in the Not -To -Exceed fee: (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) Specials models, perspectives or other promotional materials approved in advance by Client. (iv) Messenger services, special mailing, long distance telephone calls, telex and telecopy charges. (v) Fees and expenses of special consultants (vi) Cost of commercial carrier, public transportation, lodging, car rental, subsistence and out-of-pocket expenses. (vii) Printing or final report for Client. (viii) Any tax and/or fees imposed by any taxing authority based upon gross revenue or sales shall be reimbursable in addition to the fee stated in this contract. Section 3. Payment Terms (a) SGS shall be compensated with a Not -To -Exceed fee of $305,000.00, including reimbursable expenses. SGS will bill on a monthly based upon actual time and expenses expended for the project phases identified in Schedule 1. The hourly rates used will be those as shown in Schedule 3. New hourly rates may be considered if this Agreement is amended to extend bevond the term of this Agreement. The SGS month[ 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 3151 day after receipt of the invoice until paid. The Client shall advise the Consultant in writing of the basis for any disputed portions of the statement within 30 days of receipt of invoice. (c) SGS shall keep and maintain time and expense records relating to the scope of services described above, together with supporting receipts, vouchers, and appropriate documentation. As necessary, these records and other appropriate documentation may be required to support invoices submitted to the Client. The Client shall have the right to examine such records as it deems necessary upon reasonable notice to SGS. (d) If a delinquency by client occurs, SGS may choose to suspend work. If such a decision to suspend work is made, SGS will notify Client in writing. SGS may choose to recommence work once a delinquency is completely cured and any and all attendant collections costs, fees, increases in costs or fees, to other amounts required to be paid by Client under this Agreement are made in full. If a delinquency by Client occurs and SGS chooses not to suspend work, no waiver or estoppels shall be implied or inferred. Section 4. Client's Responsibilities Client agrees to provide full, reliable information regarding its requirements for the Project and, at its expense, shall furnish the information, surveys and reports, if any, listed on Attachment C. In addition, Client agrees to provide, at its expense and in a timely manner, the cooperation of its personnel and such additional information with respect to the Project as may be required from time to time for the performance of SGS's work. Client shall designate a Project Representative authorized to act on behalf of Client with respect to this Agreement and agrees to render any decisions promptly to avoid unreasonable delay to the Project and the performance of SGS's work. Section 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. Section 8. Indemnification To the extent authorized by law, Client and SGS shall each indemnify and hold the other harmless from any claim or damages of any nature whatsoever arising from the acts of its own officials and/or employees in connection with this Project. In the event of joint and concurrent negligence of both Client and SGS, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise to any other person or entity. Engineer shall not be responsible for actual means, methods, techniques, sequences, procedures or safety precautions and programs used in connection with the Project by others. Engineer shall assist the Owner in the administering of its contracts with any vendor or other Section 9. Insurance (a) General Liability: SGS's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $1,000,000 each occurrence and in the aggregate and shall include the following: • Bodily Injury and Property Damage • Broad Form Contractual Liability • Personal Injury and Advertising Injury • Fire Legal Liability • Products and Completed Operations (b) Business Automobile Liability: SGS's insurance shall contain a combined single limit of at least $500,000 per occurrence, and include coverage for but not limited to the following: • Bodily Injury and Property Damage • Any and all vehicles owned, used, or hired (c) Professional Liability: SGS's insurance shall contain a combined single limit of a minimum of $1,000,000 per occurrence and in the aggregate, including errors & omissions. (d) Workers' Compensation and Employers Liability Insurance: SGS shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, SGS shall maintain said coverage throughout the term of this contract and shall comply with all provision of Title 5 of the Texas Labor Code to ensure that SGS maintains said coverage. Any termination of workers' compensation insurance coverage by SGS or any cancellation or non -renewal of workers' compensation insurance coverage for SGS shall be a material breach of this contract. The policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Employer's Liability with limits of at least $500,000 each accident, $500,000 by disease, policy limit, and $500,000 by disease each employee shall also be obtained and maintained throughout the term of this contract. (e) Other Insurance Requirements: SGS's general liability and auto liability insurance policies through policy endorsement must include wording, which states that the policy shall be primary and non-contributory with respect to any insurance carried by City of Lubbock. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policies must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Section 10. Miscellaneous (a) Client and SGS each bind itself and its successors and assigns to this Agreement. Neither Client nor SGS shall assign or transfer its interest in this Agreement without the written consent of the other. (b) SGS will provide client with a list of subcontractors and personnel associated with this project. Changes to subcontractors require written consent of Client. (c) All products produced during this contract, including studies, drawings, photographs, GIS data, and digital files and images, will become the property of the Client. (d) This Agreement shall be governed by the laws of the State of Texas. Any disputes arising in connection herewith shall be referred to the state or federal courts within the State of Texas as first -instance courts of exclusive jurisdiction to which both parties hereby submit. The venue would be exclusively in Lubbock County. The prevailing party in any dispute between the parties in connection herewith shall be entitled to all costs and expenses, including without limitation, reasonable attorney's fees and expenses incurred, provided that such costs shall be limited in amount to the lesser of (i) $50,000 and (ii) the amount payable by Client hereunder for SGS's fees for Basic Services and Additional Services. (e) This Agreement represents the entire Agreement between Client and SGS. This Agreement may be amended only by a writing signed by both Client and SGS. (f) Any individual who signs this Agreement on behalf of Client or SGS, represents, promises, and guarantees, that he or she is fully authorized to execute this Agreement on behalf of the respective party. (g) Nothing contained herein shall be construed to imply a joint venture, partnership, or principal -agent relationship between SGS and City of Lubbock. (h) If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it enforceable so long as the modification is reasonably within the intent the parties originally expressed. If the provision may not be so modified, the unenforceability shall not offset any other provision of the Agreement. (i) Notice Addresses SGS Engineering Steve Owens 401 50th Street Lubbock,TX 79404 Phone: 806-795-6827 Fax: 806-795-7526 Section 11. Term and Scope of the Agreement Client: City of Lubbock James Loomis, City Manager PO Box 2000 Lubbock, TX 79457 Phone: 806-775-2003 Fax: 806-775-2051 (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. EXECUTED in duplicate and effective as of the 14th SGS ENGINEERING, LLC Date: /2-12212015 Steve Owens, P.E. Title: Managing Partner Address: 401 501 Street Lubbock, TX 79404 Phone: 806-795-6827 Fax: 806-795-7526 Attention: Steve Owens day of January , 2016 yrr-�•�����-3Tszr+ Glen C bGertso1 {Mayor ATTEST: OF,—V, ')�— Reb tcca Garza, City Secreta G. Keeng6JP.E., City Engineer P.E., Direc obi frIIblic Works APPROVED AS TO FORM: Amy Sims Assistant Cit Attorney Address: City of Lubbock P.O. Box 2000 Lubbock, TX 79457 Phone: 806-775-2110 Fax: 806-775-2051 Attention: Wood Franklin SCHEDULE 1: SCOPE OF SERVICES Task 1: On -Site Review Services The Engineer shall provide on-site review of construction, including interpretation of specifications, modifications to design, and coordination with City of Lubbock staff and requirements. SCHEDULE2 SGS Engineering Fees Task 1: Estimated Fee $305,000 Fee based on time and expense application of attached rates (Schedule 3) TOTAL NOT -TO -EXCEED FEE $305,000 SGS ENGINEERING, LLC 2016 STANDARD BILLING RATES 01/01/2016 BILLING CLASSIFICATION 2016 RATE EMPLOYEE Partner 5 168 Owens, M Smith, Bow, Neal, L Teal, Payne, Sarkis Senior Professional Engineer 5 168 Richardson Senior Professional Engineer 4 161 Montes Senior Professional Engineer 3 153 Senior Professional Engineer 2 145 Senior Professional Engineer 1 137 Associate Professional Engineer 5 142 McDonald Associate Professional Engineer 4 135 Manuel Associate Professional Engineer 3 128 VanDeventer Associate Professional Engineer 2 121 Associate Professional Engineer 1 114 Graduate Engineer 5 114 Hames Graduate Engineer 4 108 Brown, C Smith, Weaver Graduate Engineer 3 102 Graduate Engineer 2 96 Graduate Engineer 1 90 Senior Staff 10 156 Senior Staff 9 150 Senior Staff 8 144 Senior Staff? 138 Senior Staff 132 Senior Staff 5 126 Alvarez Senior Staff 4 120 Sweat Senior Staff 114 Senior Staff 108 Allsup Senior Staff 1 102 Cisneros, Keesee Page 2 2016 STANDARD BILLING RATES BILLING CLASSIFICATION 2016 RATE EMPLOYEE Construction Services 5 96 Wilson, Gene Smith, Reddin Construction Services 4 92 Sears, Dees Construction Services 3 88 Gale Smith Construction Services 2 84 Construction Services 1 80 Senior Technician 5 95 Shaw, Giovannetti Senior Technician 4 91 Hawkins Senior Technician 3 87 Senior Technician 2 83 Senior Technician 1 79 Lead Technician 5 79 Lead Technician 4 76 Hernandez Lead Technician 3 73 Benishek Lead Technician 2 70 Lead Technician 1 67 Associate Technician 5 69 McNabb Associate Technician 4 66 Associate Technician 3 63 Associate Technician 2 60 Associate Technician 1 57 Administrative Assistant 5 62 Administrative Assistant 4 59 A Teal Administrative Assistant 3 56 Westbrook Administrative Assistant 2 53 Dunn, Dowden Administrative Assistant 1 50 Page 3 2016 STANDARD RATE SHEET ATTACHMENT SPECIAL CHARGES AND ADDERS (1/1/2016 through 12/31/2016) PER DIEM MEALS EXPENSES MILEAGE 4 -WHEELER GPS SURVEY EQUIPMENT RANGER RANGER + GPS SURVEY GENERATOR RELAY TEST EQUIPMENT (OMICRON) $125.00 per Day $45.00 per day OR $10.00 Breakfast, $10.00 Lunch, $25.00 Supper Actual Out -of -Pocket On -Road: IRS Allowable Off -Road: IRS Allowable plus $0.04 $75.00 per Day $350.00 per Day $250.00 per Day $600.00 per Day $50.00 per Day $500.00 per Day or $1,800.00 per Substation Checkout WORK ORDER INSPECTIONS $525.00 per Day plus Expenses NOTE: Billing of specialty charges may include a 10% administration fee. NOTE: Specialty rates may be applicable for Forensic, Wind, and System Protection services as determined by SGS Engineering on a project basis. These rates are available upon request. Rate for PSS/E Software work: $250.00 per Hour Spill Prevention Plans: $2,500 + Expenses per Substation SCHEDULE 4 Information Provided by Client Information that may be required by SGS shall include: • GIS Layers as shape files: - Right -of -Way - Water lines - Sewer lines - Parcel lines - Floodplain - One-way streets - Bus routes and stop locations - Centerline information, including street names - Existing zoning - Existing land use - Property values - Property ownership - Historic landmarks (local, state, national) - Buildings over 3 stories - City, county, state, and federal ownership - TIF and PID boundaries - Signalized Intersections - On street parking locations - Street Functional Classifications • Documents/other: hard copy and/or computer files (drawings, databases, spreadsheets, etc.) - Comprehensive Land Use Plan - Marsha Sharp Freeway extension plans and profiles (specifically location and configuration of ramps) (TXDOT will provide schematics first, then more if needed) - Texas Tech Master Plan - Arts District Master Plan - Site Plan for the Walmart - Overton Park Public Improvements Site Design Guidelines - Overton Park Residential Design Guidelines - Civic Center info — events, attendance, etc. - New downtown ordinance language (Ordinances and Design Standards) - Historic sites, structures as needed - Parking inventory: surface and structured parking (private and public): ownership, number of spaces, usage, $ rates - Progress/investment to -date for 2 existing TIF Districts (annual reports) - Convention and Tourism Bureau "Tourism Research, Strategic Organization and Marketing Plan" - CBD Water Line Replacement Plan - City Logo - Aerial Photographs (current 2005 district orthophotography and historic aerials as needed) - Bicycle Plan - Traffic Count Map - Pavement Conditions - Citibus Marketing Study - Citibus Ridership Surveys (Texas Tech and Fixed Route) - Citibus station inventory - Depot District parking information (zone case) - List of agency/department contacts a S N om w H N — O O O O N N N i V N m 'o U