HomeMy WebLinkAboutResolution - 2020-R0154 - Kimley-Horn and Associates, Inc., Contract 15015Resolution No. 2020-RO154
Item No. 6.12
May 12.2020
RESOLUTION
BE IT RESOLVER BY THE CITY COUNCIL Of THE CITY O 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, Professional Services Contract No. 15015 for professional
engineering services, by and between the City of Lubbock and Kimley-Horn and Associates, Inc.,
a North Carolina corporation, 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 Mav 12.2020
DANIEL M. POPE, MAYOR
ATTEST:
kRe6��aGarza, City Secret• y
APPROVED AS TO CONTENT:
Michael G. I cenum, P.E., CFM
Division Director of Engineering/City Engineer
APPROVED AS TO DORM:
Kelli I � 3ist, - Atto cy -
ccdocs/RES.PSA-No. 15015 Kirnley-1 Iurn and Associates, Inc,
April 20, 2020
Resolution No. 2020-R0154
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Professional Service Agreement ("Agreement') Contract No. 15015 is entered into this 121h
day of May , 2020, is by and between the City of Lubbock (the "City"), a Texas home rule
municipal corporation, and Kimley-Horn and Associates, Inc., (the" Engineer"), a North Carolina
corporation.
WITNESSETH
WHEREAS, The City desires to contract with the Engineer to provide professional services for
Low Pressure Supply Line Rehabilitation Project, (the "Activities"); and
WHEREAS, the Engineer bas a professional staff experienced and is qualified to provide
professional engineering services related to Activities, and will provide the services, as defined below, for
the price provided herein, said price stipulated by the City and the Engineer to be a fair and reasonable
price; and
WHEREAS, the City desires to contract with the Engineer to provide professional services
related to the Activities, and Engineer desires to provide the Services related to same.
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth
in this Agreement, the City and the Engineer hereby agree as follows:
ARTICLE I. TERM
The term of this Agreement commences on the Effective Date and continues without interruption
for a term of 730 days. If the Engineer determines that additional time is required to complete the
Services, the City Engineer, may, but is not obligated to, in his or her discretion, execute an agreement to
grant up to an additional six (6) months of time so long as the amount of the consideration does
not increase. An amendment to this Agreement resulting in an increase in the amount of the
consideration must be approved by the City acting through its governing body.
Page 1 of 10
ARTICLE II. SERVICES AND COMPENSATION
A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit
"A", attached hereto (the "Services").
B. The Engineer shall receive as consideration to be paid for the performance of the Services, in
an amount not to exceed $480,000 as set forth in Exhibit "B".
ARTICLE III. TERMINATION
A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty
(30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only
pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to
have received notice of termination, as provided herein.
B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of
this Agreement, the City shall be entitled to exercise any right or remedy available to it by this
Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and
assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not
preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be
cumulative.
ARTICLE IV. NON -ARBITRATION
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising
its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not
exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and
another provision in, or related to, this Agreement, this provision shall control.
ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. The Engineer is a corporation duly organized, validly existing, and in good standing
under the laws of the Stare of Texas and is qualified to carry on its business in the State of Texas.
B. Corporate Power. The Engineer has the corporate power to enter into and perform this
Agreement and all other activities contemplated hereby.
Page 2 of 10
C. Authorization. Execution, delivery, and performance of this Agreement and the activities
contemplated hereby have been duly and validly authorized by all the requisite corporate action on the
part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and
is enforceable in accordance with the terms thereof.
D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified
specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both
state and federal, including, without limitation the applicable laws, regarding the Activities contemplated
hereby.
E. Performance. The Engineer will and shall conduct all activities contemplated by this
Agreement in accordance with the standard of care, skill and diligence normally provided by a
professional person in performance of similar professional services, and comply with all applicable laws,
rules, and regulations, both state and federal, relating to professional services, as contemplated hereby.
F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the
Engineer for use by City pursuant to this Agreement shall not contain any proprietary material owned by
any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation,
ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be
solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement
satisfy this requirement and the Engineer agrees to indemnify and ]told City harmless from all liability or
loss caused to City or to which City is exposed on account of the Engineer's failure to perform this duty.
K130 "llAkli 1012j[110MY41 N
The Engineer shall accomplish the following: Professional Services related to the Services, as
provided in Exhibit "A", attached hereto and made apart hereof.
ARTICLE VII. INDEPENDENT CONTRACTOR STATUS
The Engineer and the City agree that the Engineer shall perform the duties under this Agreement
as an independent contractor and shall be considered as independent contractor under this Agreement
and/or in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the
manner in which the Services are to be performed. During the performance of the Services under this
Agreement, the Engineer and the Engineer's employees and/or sub -consultants, will not be considered,
for any purpose, employees or agents of the City within the meaning m 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.
Page 3 of 10
ARTICLE VUL INSURANCE
The Engineer shall procure and carry, at its sole cost and expense through the life of this
Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form
and substance satisfactory to the City, 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 without limitation, the indemnity obligations set forth herein. The Engineer shall
obtain and maintain in full force and effect during the term of this Agreement, and shall cause each
approved subcontractor or sub -consultant of the Engineer to obtain and maintain in full force and effect
during the tent of this Agreement, commercial general liability, professional liability and automobile
liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the
state of Texas. The insurance companies most carry a Best's Rating of A-VII or better. Except for
Professional Liability, the policies will be written on an occurrence basis, subject to the following
minimum limits of liability:
Commercial General Liability:
Per Occurrence Single Limit: $1,000,000
General Aggregate Limit: $2,000,000
Professional Liability:
Combined Single Limit: $2,000,000
Automobile Liability:
Combined Single Limit for any auto: $1,000,000 Per Occurrence
Employer's Liability:
Per Occurrence Single Limit: $1,000,000
Worker's Compensation .
Per Occurrence Single Limit: $500,000
The Engineer shall further cause any approved subcontractor or sub -consultant to procure and
carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including
without limitation, Professional Liability coverage, protecting the City against losses caused by the
professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a
primary and noncontributory additional insured with respect to the Automobile Liability and Commercial
General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall
provide a Certificate of Insurance to the City as evidence of coverage.
The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured
endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The
Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas
Page 4 of 10
Labor Code. Further, the Engineer 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 Engineer
maintains said coverage. The Engineer 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. If at any time during the life of the Agreement or any extension hereof,
the Engineer fails to maintain the required insurance in full force and effect, the Engineer shall be in
breach hereof and all work under the Agreement shall be discontinued immediately.
Notwithstanding anything contained herein to the contrary, the professional liability policy shall
be maintained at the Engineer's sole cost and expense. The retroactive date shall be no later than the
commencement of the performance of this Agreement and the discovery period (possibly through tail
coverage) shall be no less than 10 years after the completion of the Services provided for in this
Agreement. The provisions of this Article Vlll shall survive the termination or expiration of this
Agreement.
ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS
The Engineer may employ or retain consultants, contractors, or third parties (any of which are
referred to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit "A"
attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants.
The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement
and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any
approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer
shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and
naming said third parties as additional insureds, insurance as described above required to be carried by the
Engineer in this Agreement.
The Engineer represents that such services are either under applicable value thresholds or are
otherwise exempt from notice and/or bid requirements under Texas Law.
ARTICLE X. CONFIDENTIALITY
The Engineer shall retain all information received from or concerning the City and the City's
business in strictest confidence and shall not reveal such information to third parties without prior written
consent of the City, unless otherwise required by law.
Page 5 of 10
ARTICLE Xi. INDEMNITY
ill:1N[f�[t7i.Itl it1;.91r.\e1�1�1►]:ICI.Ili►•L•\.1►7.`/alti::IAti�iTi7T.`F. 17:I7[�IYII'L�77111R' iZd7
AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS,
ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE,
OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR
INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR
SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT
OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS
AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE,
OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR
OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED
HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT,
ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS
The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances,
rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any
amendments thereto.
ARTICLE XIII. NOTICE
A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required
or permitted by this Agreement and no other method of notice is provided, such notice shall be given by
(1) actual delivery of the written notice to the other party by hand (in which case such notice shall be
effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3)
by depositing the written notice in the United States mail, properly addressed to the other parry at the
address provided in this article, registered or certified mail, return receipt requested, in which case such
notice shall be effective on the third business day after such notice is so deposited.
B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are:
KIMLEY-HORN AND ASSOCIATES, INC
Anthony Samarripas, P.E.
13455 Noel Road, Two Galleria Office Tower, Suite 700
Dallas, Texas 75240
Telephone: 972-770-1314
Page 6 of 10
C. City's Address. The City's address and numbers for the purposes of notice are:
Josh Kristinek, P.E.
Assistant City Engineer
City of Lubbock
P.O. Box 2000
1625 13th Street
Lubbock, Texas 79457
D. Change of Address. Either party may change its address or numbers for purposes of notice by
giving written notice to the other party as provided herein, referring specifically to this Agreement, and
setting forth such new address or numbers. The address or numbers shall become effective on the 15th
day after such notice is effective.
ARTICLE XIV. CITY -PROVIDED DATA AND
Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other
available data in the possession of the City pertinent to the Engineer's Services, so long as the City is
entitled to rely on such studies, reports and other data for the performance of the Engineer's Services
under this Agreement (the "Provided Data'). The Engineer shall be entitled to use and rely, so long as
such reliance is reasonable, upon all such Provided Data.
r.\ t71YfN■I•A'AdI k Na!P 111010 Rol1E1
A. Captions. The captions for the articles and sections in this Agreement are inserted in this
Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall
not be given any effect in construing this Agreement.
B. Audit. The Engineer shall provide access to its corporate books and records to the City. The
City may audit, at its expense and during normal business hom:s, the Engineer's books and records with
respect to this Agreement between the Engineer and the City.
C. Records, The Engineer shall maintain records that arc necessary to substantiate the services
provided by the Engineer.
D. Assignability. The Engineer may not assign this Agreement without the prior written approval
of the City.
E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the
Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in
the case of the Engineer, its permitted successors and assigns.
Page 7 of 10
F. Construction and Venue.
T14IS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH
THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK
COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE
AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT
JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF
ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
ACTIONS THAT ARE CONTEMPLATED HEREBY.
G. Sevembility. If any provision of this Agreement is ever held to be invalid or ineffective by any
court of competent jurisdiction with respect to any person or circumstance, the remainder of this
Agreement and the application of such provision to persons and/or circumstances other than those with
respect to which it is held invalid or ineffective shall not be affected thereby.
H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall
be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this
Agreement, and duly authorized and executed by the Engineer and the City
1. Entire Agreement. This Agreement, including Exhibits "A" through "B" attached hereto,
contains the entire agreement between the City and the Engineer, and there are no other written or oral
promises, conditions, warranties, or representations relating to or affecting the matters contemplated
herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply ajoint venture, joint
enterprise, partnership or principal — agent relationship between the Engineer and the City.
K. Documents Owned by City. Any and all documents, drawings and specifications prepared by
Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has
been compensated as set forth in Article 11, above. The Engineer shall make copies of any and all work
products for its files.
L. Notice of Waiver. A waiver by either the City m the Engineer of a breach of this Agreement
must be in writing and duly authorized to be effective. In the event either party shall execute and deliver
such waiver, such waiver shall not affect the waiving party's rights with respect to any other or
subsequent breach.
M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or
benefits whatsoever to any party other than the City and the Engineer.
Page 8 of 10
N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the
availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of
funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City
will terminate the Agreement, without termination charge or other liability, on the last day of the then -
current fiscal year or when the appropriation made for the then -current year for the services covered by
this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time
funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the
Engineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and
the City shall not be obligated under this Agreement beyond the Non -Appropriation Date.
O. SB 252. SB 252 prohibits the City from entering into a contract with a vendor that is
identified by The Comptroller as a company known to have contracts with or provide supplies or service
with Iran, Sudan or a foreign terrorist organization.
P. No Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code,
Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002; or (ii) it does
not boycott Israel and will not boycott Israel during the term of the contract resulting from this
solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its
Response.
Q. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government
Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if
the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.
To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees
to: (I ) preserve all contracting information related to the contract as provided by the records retention
requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to
the governmental body any contracting information related to the contract that is in the custody or
possession of the entity on request of the governmental body; and (3) on completion of the contract,
either: (A) provide at no cast to the governmental body all contracting information related to the contract
that is in the custody or possession of the entity; or (B) preserve the contracting information related to the
contract as provided by the records retention requirements applicable to the governmental body.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
Page 9 of 10
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
ATTEST:
ReMpeyGarza, City Secretary
APPROVED AS TO CONTENT:
Michael G. Keenum, P.E., CFM
Division Director of Engineering/City Engineer
fl:z
ristinek, P.E.
Assi nt CityEngineer/Capital Projects and Design
APPROVED AS TO FORM:
. Assists n
DANIEL M. POPE, MAYOR
Win,
KIMLEY-HORN AND ASSOCIATE , INC.
By:
Eric Z. Smith, Assistat Secretary
Page 10 of 10
EXHIBIT "A"
Scope of Services for
Low Pressure Supply Line Lining Pmiect
Project Understanding
This project is identified in the City of Lubbock Capital Improvements Plan and involves the
replacement/rehabilitation of the existing 24-inch low pressure transmission line. The limits of the
project begin approximately 1,500 feet east of Pump Station #16 and end at the Low Head `B'
pump station, approximately 23,500 feet.
The Scope of Services for future construction phase services, as recommended by the City of
Lubbock, is not included and may be provided as an amendment to this contract.
Project Assumptions
• The majority of the existing 24-inch pipeline will be rehabilitated in place utilizing fusible
PVC slip lining technology. A small portion (1,000 linear feet or less) may require open
cut replacement design. This small portion of open cut design is included in this scope of
services.
• No condition assessment or TV inspection is included in the scope of services. If TV
inspection is required as part of the detailed design, it will be performed by the City.
• Highway crossings (Loop 289 and Highway 84) and railroad crossing will be slip lined. It
is assumed jurisdictional agencies will allow this type of in place rehabilitation. If a
different replacement type is required to be installed additional services will be required.
• Majority of interconnections to the existing 24-inch pipeline will be removed so that the
line operates as a transmission pipeline. It is assumed that these interconnections will
require one plan sheet for design.
• All proposed improvements will occur with existing ROW or easement, no additional
easements will be required.
• Field survey associated with slip line improvements will include identifying existing
topographic elements, but complete property boundary development is not included. It is
assumed that all of the slip line work will occur within existing City ROW, property
boundary will be developed at required locations but not for the entire project. A desktop
confirmation will be performed to confirm line is located within ROW. Limited field
verification of properly corners is included, but if an exhaustive defining of the ROW is
needed additional services may be required.
• If a significant portion (more than 1,000 linear feet) of the pipeline requires open cut
design, additional design and surveying services may be required.
• Majority of slip line rehabilitation plan sheets will include plan view only, profile will only
be developed for critical locations as needed.
• No yard piping improvements are anticipated at the Low Head 'B' Pump Station Facility.
We will coordinate with the design consultant associated with the current Low Head `B'
improvements project to determine connection location.
• None of the following design services are included: cathodic protection, sub -surface utility
engineering, geotechnical investigation, easement preparation, easement acquisition.
t OF8
Task I — Project Management
A. Prepare for and conduct monthly progress meetings to monitor the development of the
project. Four (4) total conference call type. meetings are anticipated, none of these
progress meetings are intended to be in person meetings.
B. Prepare and e-mail monthly progress reports to the project team (City, subconsultants (as
necessary), and KHA Staft),
C. Prepare project correspondence and invoicing documents.
Task 2 — Topographic Survey
A. Survey Data — Develop portions of the existing topographic data within the limits of this
project for preparing the preliminary pipeline lining design.
a. Data Collection and Property Research — Use the City's parcels map for boundary
information and supplement that with on the ground data where new pipeline is
required (1 anticipated).
b. Design Survey
i. Place or locate from prior City projects, control monuments with aluminum
caps in concrete at proposed access locations. Establish horizontal state
plane coordinates (NAD 83) using GPS. Establish vertical control
coordinates on NAVD 88. Monuments will be set to accommodate the
limits of construction where possible.
ii. Perform detailed field survey to identify and locate existing topographic
elements of proposed construction access locations along the project as
identified by ENGINEER (up to 4 per mile), including but not limited to
the following:
1. Evidence of property boundary locations adjacent to the corridor.
2. Existing pavement, curbs, sidewalks, barrier free ramps, etc.
3. Roadway and lane striping along Upland and intersecting streets
4. Driveways (including material)
5. Parking lots within 20-ft of proposed ROW
6. Alleys (including material)
7. Existing culvert sizes and invert elevations, including cross sections
approaching culvert crossings and headwalls/wingwalls
8. Existing driveways and swales
9. Visible utilities including manholes, vaults, water valves, water
meters, telephone poles, power poles, utility markers, water well
features, other public utilities, and franchise utilities
10. Traffic signal poles, cabinets, and other signal equipment
11. Signs (excluding temporary signs)
12. Trees, larger than 6" caliper
13. Buildings and permanent structures
14. Retaining walls
15. Fence/Wall limits and material types (excluding temporary fences)
16. Other applicable physical features that could impact design
2 OF
17. Surveyor will collect, prepare and rectify current orthoimages of
the proposed access locations (up to 4 per mile).
18. Prepare a final topographic drawing in digital format including
contours and showing the features located in the field, an ASCII
coordinate file of the points located in the field, and a hard copy of
the coordinates and feature descriptions
B. Existing Right of Way Survey
a. Provide Existing ROW Base Map
i. The City's existing right of way parcel map will be incorporated into the
schematic document. Areas where realignment are required (I anticipated)
will be surveyed and include the following information:
I. Tracts and easements with current recording information
2. Current adjacent property owners
3. Existing platted easements and easements available in the public
record including easements provided by utility companies
4. Relate ROW to pipeline as using the available data
Task 3 — Preliminary Design
A. Record Research and Base Mapping
a. Perform record research to identify existing City and franchise utilities along the
water line route.
b. Utilize record information to develop a base map showing existing utilities to be
utilized during Preliminary Design
B. Rehabilitation/Replacement Evaluation
a. Evaluate slip line replacement alternative: construction costs and potential
disruption and impacts.
b. Evaluate design requirements: pressure class, diameter, etc
c. Evaluate system hydraulics associated with slip line improvements. Determine
anticipated system pressures.
d. Coordinate with TxDOT and the Railroad regarding crossings and slip line
alternative.
C. Perform one (1) site visit during this phase of the project.
D. Facilitate (1) workshop with the Client to discuss rehabilitation technology evaluation,
limitations, alternatives and potential challenges. Utilize Client feedback to develop
Technical Memorandum. This workshop is anticipated to be facilitated via a conference
call it is not intended to be an in person meeting.
E. Submit to Client draft Technical Memorandum for review. Memorandum is anticipated to
include the following sections:
• Executive Summary
• Background
• Design Criteria
• 1-lydraulic Analysis
• Recommendations
• Appendix (OPCC, Exhibits, etc.)
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F. Revise Technical Memorandum based on Client's review. It is assumed comments will be
able to be provided via a conference call.
Meetings:
A. Meet with Client to present rehabilitation information and hydraulic results as part of
Preliminary Design workshop.
Deliverables:
A. Three (3) copies of Technical Memorandum.
Task 4 — Final Design
A. Franchise Utility Coordination
a. Send notification letters to identified franchise utility companies to obtain their
applicable record drawing information.
b. Perform conflict analysis based upon information received through topographic
survey and franchise utility record drawings.
c. Coordination with franchise utility companies on location, protection, and/or
relocation of identified utilities.
d. The due -diligence provided for this project will consist of reviewing "As -Built"
documents available from the City and utility owners. Utilities that are not
identified through these efforts will be here forth referred to as "unknown" utilities.
Locating and designating these "unknown" utilities outside of the immediate route
area is not included in this work.
B. Plans
a. Prepare engineering plans, specifications, and construction contract documents for
project bidding and regulatory approval. Plans will consist of 22"x 34" plan view
only (primarily) sheets at 1" = 40'. The Consultant anticipates preparing
approximately 20-30 plan sheets. The Consultant will provide the following
information on the plan sheets:
i. Civil sheets
I. General Sheets (Cover, control, etc.)
2. General Notes
3. Pipeline Overview Plan and Profile
4. Plan view — Assumption is that majority of the project will include
plan view only sheets, profile will be provided at critical locations
as needed (e.g. TxDOT crossings, railroad crossings, heavily
congested locations, excavation pit locations, etc.)
5. Water Line Interconnection Improvements (I location)
6. Erosion control plan
7. Traffic control plan
S. Pavement repair details
9. Construction details
10. Slip Line details
11. Construction sequencing plan
4 OF
C. Contract Documents
a. Specifications will include technical specifications for materials and installation of
the proposed facilities. The Contract Documents will be based upon the Client's
Standard Contract documents. The Client's requirements for Public Works
Construction will govern all other specifications.
D. Permitting
a. Submit plans and specifications to TCEQ for review.
b. Assist Client with TxDOT and Railroad permit application by providing required
documentation.
E. Perform up to two (2) site visits with City Staff to verify existing conditions and proposed
design components.
F. Submit to the Client 60% complete plans, specifications, contract documents, and OPCC
for review and comments.
G. Make revisions based on the Client's review of the 60% submittal,
H. Submit to the Client 95% complete plans, specifications, contract documents, and OPCC
for review and comments.
1. Make revisions based on the Client's review of the 95% submittal.
J. Submit Final plans, specifications, contract documents, and OPCC to client.
Meetings:
A. Meet with Client to present 60% complete plans, specifications, contract documents and an
OPCC for this phase of the project.
B. Meet with Client to present 95% complete plans, specifications, contract documents and
an OPCC for this phase of the project.
Deliverables:
A. Three (3) copies of 60% complete plans, specifications, contract documents and an OPCC
for review and comment.
B. Three (3) copies of 95% complete plans, specifications, contract documents and an OPCC
for review and comment
C. Seven (7) copies of final plans, contract documents and OPCC
Task 5 — Bid Phase Services
A. Bid Phase Services
a. Provide plans, specifications and Notice to Bidders in .PDF format to the City's
3rd party bidding service.
b. Facilitate and attend prcbid meeting. Provide meeting notes.
c. Respond to contractor questions and issue addenda as needed.
d. Assist the City with the RFP process including evaluating and ranking the
submitted proposals.
e. Attendance at bid opening by local Kimley-Hom representative.
f. Review contractor references and provide award recommendation.
g. Prepare bid tabulation
h. Prepare ten (I0) sets of the contract documents for execution by the contractor,
receive and review such documents for completeness, and forward to the City for
review and execution.
50F8
Additional Services/Future Tasks
Additional services to be performed if authorized by the City, but which are not included in the
above -described Scope of Services, are as follows:
A. Update to the City's GIS data or maps;
B. Water line or other City owned utility design;
C. Construction phase or Resident Project Representative services;
D. Update to the land use plan;
E. Perform condition assessment on any existing water line including TV inspection;
F. Preparation of platting documents and/or real property survey for site acquisition;
G. Permitting, application, and similar project fees;
H. Accompanying the City when meeting with the TCEQ, U.S. Environmental Protection
Agency, or other regulatory agencies during the course of the Project, beyond those
meetings identified above. The Engineer will assist the City on an as -needed basis in
preparing compliance schedules, progress reports, and providing general technical
support for the Client's compliance efforts;
1. Assisting City or Contractor in the defense or prosecution of litigation in connection
with or in addition to those services contemplated by this Agreement. Such services, if
any, will be furnished by the Engineer on a fee basis negotiated by the respective
parties outside of and in addition to this Agreement;
J. Sampling, testing, or analysis beyond that specifically included in the Scope of
Services referenced herein above;
K. Preparing applications and supporting documents for government grants, loans, or
planning advances, and providing data for detailed applications;
L. Appearing before regulatory agencies or courts as an expert witness in any litigation
with third parties or condemnation proceedings arising from the development or
construction of the Project, including the preparation of engineering data and reports
for assistance to the City;
M. Providing professional services associated with the discovery of any hazardous waste
or materials in the project site;
N. Additional meetings beyond those identified in the Scope of Services;
O. Preparation for and attendance to public meetings to discuss the project; and
P. Any services not listed in the Scope of Services.
6 OF
Schedule
Engineer will provide the Services as expeditiously as practicable to meet the described
schedule.
• Preliminary Design-3 months
• Final Design — 5 months
It is anticipated that the work will be completed with a year of contract
approval.
Fee and Billing
Engineer will provide the Scope of Services for a lump sum fee of $480,000.
Fees will be invoiced monthly based on the percentage of work complete. Payment of all fees
will be due within 30 days of your receipt of the invoice.
Section i
Task:
Task Fee:
1. Project Management
$22,600
2. Topographic Survey
$60,500
3. Preliminary Design
$98,000
4. Final Design
$282,100
5. Bid Phase Services
$16.800
Total Lump Sum Fee:
$480,000
7 OF
Kimley-Horn and Associates, Inc.
Standard Rate Schedule
(Hourly Rate)
Senior Professional 11.....................................................................
$250 - $275
Senior Professional I.......................................................................
$185 - $260
Professional.. ........ .......... ...............................................
......... $165 - $200
Senior Technical Support...............................................................
$130 - $200
Technical Support..............................._..........................................
$75 - $115
Analyst...........................................................................................
$110-$170
SupportStaff..............................._............................,,......._.............
$85 - $ 120
8 OF
Kimley>»Horn EXHIBITB
Project Fee Calculation
Client: City of Lubbock
Project: Low Pressure WL
KHA No.
PM: Anthony Samarripas
Budget Summary
Date: Apr13, 2020
Task Budget
No.
Task Name
HoursF266,200
Expenses
Office Exp.
Subtotal
1
Project Management
117
$
1,000
$
22.600
2
Topo Survey (HRA)
0_$
$
$
$
60,500
900
3,600
900
$
60,500
3
Prelim Design
445
1,322
$ 4,300
$ 12,300
$
$
98,000
282,100
4
Final Design
5
Bid Phase Services
74
$ 700
$
16,800
$
TOTALS:j
1,958
$
395,800
65,900
$
18,300
1 $
480,000
Kimley> Horn EXHIBITB
Task Fee Calculation Date: Aph1 16, 2020
Client: City of Lubbock Labor: $ 21,600 Number:, 1
Project: Low Pressure WL Expenses: $ - Name: Project Management
KHA No: Office Exp: $ 1,000 Task Mgr: Sanderson
PM: Anthony Samarripas 22, 00
Task ese p ons:
he
r.
I ra
(Hn)
xpenses
4 mpntlily progress meetings
6
6
16
Low Pressure W L
1 10
1
10
Coordinate wuh subconsultants
4
10
14
Prepare monthly progress reports
Electronicfile setup
10
3
12
26
6
6
18
Project Administration
_
Correspondence
12
6
20
Invoicing
8
8
16
Subtotals :
1
48
16
17l
-
Kimley)»Horn
Task Fee Calculation
Client: •City of Lubbock
Project: Low Pressure WL
KHA No:
PM: Anthony Samarripas
EXHIBIT B
Labor: $
Expenses: $ 60,600
Office Exp: $ -
"TOTAL: $ 60,500
Date: ApOI13.2020
Number:r
2
Name:
Topo Survey(HRA)
Task Mgr:
Sanderson
lasKoescriptions, ULUIJ
F5
1 F3
1 VI
I
(Hre)
I Expenses
opograph,c S,aw,
_Law Pressure Wt.
$ 54,980
Subtotals:
0
$ 54,980
Kimley) Horn EXHIBIT
Task Fee Calculation Date: April 13, 2020
Client: •City of Lubbock Labor: $ 92,900 Number:• 3
Project: Low Pressure WL Expenses: $ 900 Name: Prelim Design
KHA No: Allocation: $ 4,300 Task Mgr:
PM: Anthony Samarripas TOTAL: $ 991aw
Task esc ons:
(fln)
xpensea
Cre Low Pressure WL
2
8
20
55
85
RaWew reeoninay drsverbi
4
8
6
20
12
22
Evaluate UcavatloNPit Leathers
2
30
_
Evaluate rehablreplacementtechnnolog
_
Slip Line
4
10
15
29
No Other Technologies well be considered
Evaluate draullcs _
Pmpare OPCC
Prepare design exhibits
Evaluate connection modifications
Prepare tech memo
pACC
Address QC comments
Submit draft to Clty
Address City comments
8
20
30
58
1
3
2
6
6
4
4
4
10
0
9
15
12
30
10
12
9
25
10
10
2
12
2
14
_
47
_
_
_
18
56
6
28
2
_
32
2
_ _ _ _
Submit Mal to City
Site Mail assume1
8
8
16
5 800
Subtotals:
4xI
vul
ibul
13r
445
$ 800
KimleyA Horn EXHIBIT
Task Fee Calculation Date: Ap0113.2020
Client: City of Lubbock Labor: $ 266,200 Number. 4
Project: Low Pressure WL Expenses: $ 3,600 Name: Final Design
KHA No: Office Exp: $ 12,300 Task Mgr: Sanderson
PR Anthony Samarripas TOTAL: $ 282,1W
Task escr p one: Gl
W
Fir
ru
I vi
I
I
I
I
I (Mrs)
xpeneea
Law Pressure WL
Send noli icallon letter
2
20
10
8 --
28
_
_ _
10
Coordination Win utility companies
_1_0
5
_
30
Process Survey Data
_
35
Plan Sheets
_ General Sheets (Cover, Control, elc)
2
4
8
18
32
General Project Notes
2
4
10
18
_
Pipeline Cvervtew
1
6
10
30
47
Plan Ve,s On(`[Null))
18
45
90
30
200
60
353
Air Line Interconnection Improvements
Erosion Control plan
Traffic Control Plan sheets
4
12
106
2
8
18
_
28
10
28
40
70
Pavemenion Details is _
Details
ConstSlip Line
SlipL Water Line _ _
Evaluate Wafer Line Connections - -
2
2
3
4
4
4
6
0
10
10
12
8
15
30
20
10
26
46
36
18
Develop Construction Sequence
3
27
Contract Documents
Font and documents
12
iB
-
30
30
-
10
10
52
Technical Specifications
_
5
60
Coordinate with contractors for cost and
72
12
constmclabllll Issues
60%OPCC
1
3
8
12
90%OPCC
1
3
8
12
Final OPCC
-PemittinglCoond
1
3
8
12
(TCEO, T%DOT, anti RR)
12
20
— --
— -
32
Site Malls (2 visits)
16
16
--
32
$ 1.300
OA/OC Review Address Comments
15
20
25
50
110
60% and 95% Plan Submittal Meeting
12
12
24
$ 1,300
Address Clly Comments
Deliverables
5
10
20
30
65
60%Plans
1
2
4
7
$ 200
95%Plans
1
2
4
7
$ 200
Final Plane
1
2
4
ITI
]
$ 200
u tots s:
8
=4
427
583
13221
is 3,2 0
Kimley>»Horn EXHIBIT
Task Fee Calculation Data. April 13, 2020
• Client: City of Lubbock Labor: $ 15,200 Number:5
Project: Low Pressure WL Expenses: $ 900 Name: Bid Phase Services
KHA No: Office Exp: $ 700 Task Mgr: Sanderson
PM: Anthony Samarripas TOTAL: $ 16,Bbl
Task esc p ons:
(ers)
xpenses
Pnr Low Pressure WL _
Setup and disbibuteplans on NnSync
2
4
e
_
2
Prepare for and minutes ebid
dtocmoored minutes
Respond to a (ass questions
RespProbond
(assume 2)
Prepare addenda opening
Attend Evatuabidopening (Kenny Localj_
RFP Package
6
2
2
_ 5
a
8
—2
__ _ 2
2
5 5011
_
_
_
_ _
_ _ _
_ _
13
13
_
_
_
2
4
a
_
12
Prepare
Prepare bid tab
2
2
Preare contractor recommendation letter
2
2
posits. Correct Documents for Fxewllon
2
4
8
14
S 250
uDlotas:
fe
12
20
32
]4
750