HomeMy WebLinkAboutResolution - 2014-R0105 - Agreement - Kimley-Horn And Associates Inc.- Evaluation & Study Of Sewer Systems - 03/27/2014Resolution No. 2014-RO 105
March 27, 2014
Item No. 5.10
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, Professional Services Agreement for evaluation and study
of sanitary sewer systems, by and between the City of Lubbock and Kimley-Horn and Associates,
Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution
as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on
ATTEST:
Rebe a Garza, City Secre
APPROVED AS TO CONTENT:
March 27, 2014
aiVROBERTSON, MAYOR
�, �J- f'j
R. Keith Smith, P.E., Director of Public Works
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs:'RESTSA-Kimley Horn
March 4, 2014
Resolution No. 2014-RO105
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") for South Lubbock Sanitary Sewer
System Extension Phase UB, is entered into this 27th day of March 2014, by and between the
City of Lubbock (the "City" or "Owner"), a Texas home rule municipal corporation, and
Kimley-Horn and Associates, Inc. (the "Engineer"), a North Carolina corporation.
WITNESSETH
WHEREAS, Engineer has substantial skill and experience in evaluation and study of
sanitary sewer systems and is qualified to perform such activities (the "Activities");
WHEREAS, Engineer has demonstrated competence and qualifications to perform the
Services, as defined below, and will perform the Services for the price provided herein, said
price stipulated by City and Engineer to be a fair and reasonable price;
WHEREAS, the City desires to contract with Engineer to perform services related to the
Activities and Engineer desires to provide the services related to same.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the City and Engineer agree as follows:
ARTICLE I
Services
1.01 Engineer shall conduct all activities and within such time frames, as set forth on
Attachment "A", "Scope of Services", attached hereto (the "Services")
ARTICLE II
Page I of 11
Compensation and Term
2.01 The consideration to be paid for the Services to be provided the City as described in
Article I shall be as provided in Attachment "A", attached hereto, hourly not to exceed
$1,075,200. This amount shall be invoiced to the City monthly as work is performed.
Each invoice shall be payable by the City within thirty (30) days of receipt of same.
2.02 This Agreement shall expire 644 days from the date of execution such that the Agreement
shall terminate at the close of business on December 31, 2015. Additionally, the City
may terminate this Agreement at any time during the term hereof by providing written
notice to Engineer at least thirty (30) days prior to the effective date of termination as
provided in such notice. In the event this Agreement is so terminated, the City shall only
pay Engineer for services actually performed by Engineer up to the date Engineer is
deemed to have received notice of termination as provided herein.
2.03 If the Engineer determines that additional time is required to complete the services, the
City Engineer may execute an agreement to grant up to an additional six (6) months of
time as long as the amount of the consideration does not increase. An amendment to this
agreement resulting in any increase in the amount of the consideration must be approved
by the City acting through its governing body.
ARTICLE III
Independent Contractor
3.01 It is understood and agreed that Engineer 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 engineer under similar
Page 2 of I 1
4.01
circumstances and Engineer hereby represents to the City that the Services shall be so
performed. Further, Engineer 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, Engineer and Engineer's employees will not be
considered, for any purpose, employees or agents of the City 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.
ARTICLE IV
Events of Default/Remedies
a. City's Defaults/Engineer's Remedies. In the event the City shall default in the
performance of any term or provision of this Agreement for any reason other than failure
by Engineer to perform hereunder, Engineer may, if said default shall be continuing after
five (5) days notice of such default is deemed received by the City, exercise any right or
remedy available to it by law, contract, equity or otherwise.
b. Engineer's Defaults/City's Remedies. In the event Engineer shall default in the
performance of any term or provision of this Agreement for any reason other than failure
by the City to perform hereunder, the City may, if said default shall be continuing after
five (5) days notice of such default is deemed received by Engineer, 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
Page 3 of 11
5.01
notice. The remedies set forth herein are cumulative and not exclusive, and may be
exercised concurrently.
ARTICLE V
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 document, the former shall control.
ARTICLE VI
Insurance/Indemnity
6.01 Engineer 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 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.
Engineer shall obtain and maintain in full force and effect during the term of this
Agreement, and shall cause each approved subcontractor or subconsultant of Engineer to
Page 4 of 11
obtain and maintain in full force and effect during the term 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 must 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:
Combined Single Limit:
Professional Liability:
Combined Single Limit:
Automobile Liability:
Combined Single Limit for any auto:
$1,000,000
$1,000,000
$500,000 Per Occurrence
Engineer shall further cause any approved subcontractor to procure and carry,
during the term of this Agreement, Professional Liability coverage, as specified above for
Engineer, protecting City against direct losses caused by the professional negligence of
the approved subcontractor.
The City 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. Engineer shall provide a Certificate of Insurance to the
City 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.
Page 5 of 11
Engineer shall elect to obtain worker's compensation coverage pursuant to
Section 406.002 of the Texas Labor Code. Further, 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 of Lubbock.
If at any time during the life of the Agreement or any extension hereof, Engineer
fails to maintain the required insurance in full force and effect, Engineer shall be in
breach hereof and all work under the Agreement shall be discontinued immediately.
Engineer shall indemnify and hold City and City'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 Engineer's use or occupation of City owned lands, and/or to the extent of
Engineer's negligent activities, performance, operations or omissions under this
Agreement. The indemnity provided herein shall survive the expiration or termination of
this Agreement.
Page 6 of 11
ARTICLE VII
Miscellaneous
7.01 Engineer shall comply with 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.
7.02 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 City:
John Turpin, P.E.
P.O. Box 2000
Lubbock, Texas 79457
For Engineer:
Jeff James, P.E.
Kimley-Horn and Associates, Inc.
801 Cherry Street, Unit 11, Suite 950
Fort Worth, Texas 76102
7.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT
REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION
OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE
PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN
Page 7 of 11
PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT
PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY,
SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS.
7.04 This Agreement, including the exhibits and attachments hereto, represents the entire and
sole agreement between the City and Engineer with respect to the subject matter hereof
and supersedes any and all prior negotiations, understandings, representations or other
agreements, whether written or oral. This Agreement may not be modified or amended
except in writing and duly executed by each party hereto.
7.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise,
partnership or principal — agent relationship between Engineer and the City.
7.06 If any provision of this Agreement is declared invalid or unenforceable, such provision
shall be deemed modified to the extent necessary to render it valid and enforceable so
long as said modification is reasonably within the intent the parties as originally
expressed. In the event such provision may not be so modified, the unenforceability or
invalidity of any provision shall not affect any other provision of this Agreement, and this
Agreement shall continue in force and effect as if such provision had not been included in
this Agreement.
7.07 Any and all documents, drawings and specifications prepared by Engineer as part of the
Services hereunder, shall become the property of the City when Engineer has been
compensated as set forth in Section 2.01, above.
7.08 A waiver by either City or Engineer of a breach of this Agreement must be in writing 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.
Page 8 of 11
7.09 Engineer may not assign or subcontract any part of the Services under this Agreement, in
whole or in part, without the written consent of such assignment or subcontract by the
City. Engineer may, subject to the right of approval by the City, subcontract certain of
the Services to highly qualified professionals. The right of approval of the City of
Engineer's subcontractors is hereby delegated by the City Council of City to the Director
of Water Utilities. The approval by the City of the subcontract requested by Engineer
shall not affect the liability of Engineer hereunder to City for the timely performance of
the Services as prescribed in this Agreement. The term "Engineer", as used in and for all
purposes of this Agreement, includes Engineer's subcontractors and subconsultants. City
and Engineer each bind itself or himself, their legal representatives and permitted assigns
in respect to all provisions of this Agreement.
7.10 Nothing in this Agreement shall be construed to provide any rights or benefits
whatsoever to any party other than City and Engineer.
7.11 In the event Engineer is required by law to respond to a subpoena, government inquiry or
other legal process directly related to the Services in connection with a legal or dispute
resolution proceeding to which the City is a party and to which Engineer is not a party,
City shall reimburse Engineer for reasonable costs in responding and compensate
Engineer at its then standard rates for reasonable time incurred in gathering information
and documents and attending depositions, hearings, and trial.
7.12 Engineer represents and warrants to City that it has taken all actions necessary to
authorize the party executing this Agreement to bind, in all respects, Engineer to all terms
and provisions of this Agreement, and that such person possesses authority to execute this
Agreement and bind Engineer hereto.
Page 9 of 11
7.13 Non Appropriation
All funds for payment by the City under this contract 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 goods or services provided
under the contract, the City will terminate the contract, 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 fiscal year for the goods or services covered by this contract is
spent, whichever occurs first. If at any time funds are not appropriated for the
continuance of this contract, cancellation shall be accepted by the Engineer on thirty (30)
day prior written notice, but failure to give such notiece shall be of no effect and the city
shall not be obligated under this contract beyond the date of termination.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly
authorized representatives as of the date first written above.
CITY OF LUBBOCK
ATTEST:
'eX,,6e4.,e_.e ( —
Re ecca Garza, City Secre
CONSULTANT
KIMLEY-HORN AND ASSOCIATES, INC.
64� _"J -
Jeff , ., Senior Vice President
Page 10 of 11
APPROVED AS TO CONTENT:
AWoco,dranllin, P.E., City Engineer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
,ineer
Page 11 of 11
ATTACHMENT A
Scone of Services
Project Understanding
This project is identified in the City of Lubbock Wastewater Master Plan, August 2009, as the
98th Street Gravity Line to Existing Treatment Plant for the Phase I capital improvement projects.
This contract is for Construction Phase Services for Bid Package B of Route A identified in the
South Lubbock Sanitary Sewer System Extension Routing and Alignment Study. The limits of
Bid Package B are from the end of Bid Package A immediately outside the western fence of the
Southeast Water Reclamation Plant (SEWRP) to the intersection of 98h and Ave. P, as shown in
Exhibit 1.
Consultant shall perform the following Construction Phase Services:
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 the following services
throughout construction:
■ Engineer of Record;
■ Resident Project Representative; and
■ Construction Materials Testing.
Engineer. Consultant's role as Engineer will include providing 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.
Resident Project Representative. Consultant's role as Resident Project Representative will
include furnishing a Resident Project Representative ("RPR") to assist Consultant in observing
progress and quality of the Work.
The duties and responsibilities of the RPR are limited to those of Consultant in the Agreement
with the Client and in the Contract Documents, and are further limited and described as follows:
1. General.
■ RPR is Consultant's agent at the Site, will act as directed by and under the
supervision of Consultant, and will confer with Consultant regarding RPR's actions.
■ RPR's dealings in matters pertaining to a Contractor's work in progress shall in
general be with Consultant and Contractor, keeping Client advised as necessary.
■ RPR's dealings with subcontractors shall only be through or with the full knowledge
and approval of Contractor.
■ RPR shall generally communicate with Client with the knowledge of and under the
direction of Consultant.
2. Schedules.
■ Review the progress schedule, schedule of Shop Drawing and submittals, and any
other schedules prepared by Contractor and consult with Consultant concerning
acceptability.
3. Conferences and Meetings.
■ Attend meetings with Contractor, such as preconstruction conferences, progress
meetings, job conferences and other project -related meetings, and prepare and
circulate copies of minutes thereof.
4. Liaison.
■ Serve as Consultant's liaison with Contractor, working principally through
Contractor's superintendent, and assist in providing information regarding the intent
of the Contract Documents.
■ Assist Consultant in serving as Client's liaison with Contractor when Contractor's
operations affect Client's on-site operations.
■ Assist in obtaining from Client additional details or information, when required for
proper execution of the Work.
5. Interpretation of Contract Documents.
■ Report to Consultant when clarifications and interpretations of the Contract
Documents are needed and transmit to Contractor clarifications and interpretations as
issued by Consultant.
6. Shop Drawings and Submittals
■ Maintain Shop Drawing and Submittal Record log.
■ Advise Consultant and Contractor of the commencement of any portion of the Work
requiring a Shop Drawing or submittal for which RPR believes that the submittal has
not been approved by Consultant.
7. Modifications.
■ Consider and evaluate Contractor's suggestions for modifications in Drawings or
Specifications and report such suggestions, together with RPR's recommendations, to
Consultant. Transmit to Contractor in writing decisions as issued by Consultant.
8. Review of Work and Rejection of Defective Work
■ Conduct on -Site observations of Contractor's work in progress to assist Consultant in
determining if the Work is in general proceeding in accordance with the Contract
Documents.
■ Report to Consultant whenever RPR believes that any part of Contractor's work in
progress will not produce a completed project that conforms generally to the Contract
Documents or will imperil the integrity of the design concept of the completed
Specific Project as a functioning whole as indicated in the Contract Documents, or
has been damaged, or does not meet the requirements of any inspection, test or
approval required to be made; and advise Consultant of that part of work in progress
that RPR believes should be corrected or rejected or should be uncovered for
observation, or requires special testing, inspection or approval.
9. Inspections, Tests, and System Start-ups
■ Consult with Consultant in advance of scheduled major inspections, tests, and
systems start-ups of important phases of the Work.
■ Verify that tests, equipment, and systems start-ups and operating and maintenance
training are conducted in the presence of appropriate Client's personnel, and that
Contractor maintains adequate records thereof.
■ Observe, record, and report to Consultant appropriate details relative to the test
procedures and systems start-ups.
■ Accompany visiting inspectors representing public or other agencies having
jurisdiction over a Specific Project, record the results of these inspections, and report
to Consultant.
10. Records
■ Maintain at the Site orderly files for correspondence, reports of job conferences,
reproductions of original Contract Documents including all Addenda, Change Orders,
Field Orders, additional Drawings issued subsequent to the execution of the Contract,
Consultant's clarifications and interpretations of the Contract Documents, progress
reports, Shop Drawing and submittals received from and delivered to Contractor, and
other Specific Project -related documents.
■ Prepare a daily report or keep a diary or log book, recording Contractor's hours on the
Site, weather conditions, data relative to questions of Change Orders, Field Orders, or
changed conditions, Site visitors, daily activities, decisions, observations in general,
and specific observations in more detail as in the case of observing test procedures;
and send copies to Consultant.
■ Record names, addresses, fax numbers, e-mail addresses, web site locations and
telephone numbers of all Contractors, subcontractors, and major suppliers of
materials and equipment.
■ Maintain records for use in preparing project documentation.
■ Upon completion of the Work, furnish original set of all RPR Specific Project
documentation to Consultant.
11. Reports
■ Furnish to Consultant periodic reports, as required, of progress of the Work and of
Contractor's compliance with the progress schedule and schedule of Shop Drawing
and submittals.
■ Draft and recommend to Consultant proposed Change Orders and Field Orders.
Obtain backup material from Contractor.
■ Furnish to Consultant and Client copies of all inspection, test, and system startup
reports.
■ Immediately notify Consultant of the occurrence of any Site accidents, emergencies,
acts of God endangering the Work, damage to property by fire or other causes, or the
discovery of any Constituent of Concern.
12. Payment Request.
■ Review Applications for Payment with Contractor for compliance with the
established procedure for their submission and forward with recommendations to
Consultant, noting particularly the relationship of the payment requested to the Work
completed, and materials delivered at the Site but not incorporated in the Work.
13. Certificates, Operation and Maintenance Manuals.
■ During the course of the Work, verify that materials and equipment certificates,
operation and maintenance manuals and other data required by the Specifications to
be assembled and furnished by Contractor are applicable to the items actually
installed and in accordance with the Contract Documents, and have these documents
delivered to Consultant for review and forwarding to Client prior to payment for that
part of the Work.
14. Completion
■ Participate in a final inspection in the company of Consultant, Client, and Contractor
and prepare a final list of items to be completed and deficiencies to be remedied.
■ Observe whether all items on the final list have been completed or corrected and
make recommendations to Consultant concerning acceptance and issuance of the
Notice of Acceptability of the Work.
Resident Project Representative shall not:
■ Authorize any deviation from the Contract Documents or substitution of materials or
equipment (including "or -equal" items).
■ Exceed limitations of Consultant's authority as set forth in the Agreement or the Contract
Documents.
■ Undertake any of the responsibilities of a Contractor, subcontractors, suppliers, or a
Contractor's superintendent.
■ Advise on, issue directions relative to, or assume control over any aspect of the means,
methods, techniques, sequences or procedures of the Contractor's work unless such
advice or directions are specifically required by the Contract Documents.
■ Advise on, issue directions regarding, or assume control over safety practices,
precautions and programs in connection with the activities or operations of Client or
Contractor.
■ Participate in specialized field or laboratory tests or inspections conducted off-site by
others except as specifically authorized by Consultant.
■ Accept Shop Drawings or submittals from anyone other than Contractor.
■ Authorize Client to occupy a Specific Project in whole or in part.
Through such observations of Contractor's work in progress and field checks of materials and
equipment by the RPR, Consultant shall endeavor to provide Client a greater degree of
confidence that the completed Work will conform in general to the Contract Documents.
However, 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
Consultant 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.
Shop Drawings and Submittals. Consultant will review and approve or take other appropriate
action in respect to Shop Drawings and Submittals 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, through its subconsultant, will perform the following
laboratory tests of Contractor's work as Consultant deems appropriate; soils, flex base, hot mix,
and field testing. Consultant, or its subconsultant, 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 on its observations and on review of applications for payment
and accompanying supporting documentation, Consultant will determine the amounts that
Consultant recommends Contractor be paid. 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 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 Completion. Consultant will, promptly after notice from Contractor that it considers the
entire Work ready for its intended use, in company with Client and Contractor, conduct a site visit
to determine if the Work is finally complete. Work will be considered finally complete following
satisfactory completion of all items with the exception of those identified on a final punch list. If
after considering any objections of Client, Consultant considers the Work finally complete;
Consultant will notify Client and Contractor.
Final Notice of Acceptability of the Work. Consultant will conduct a site visit to determine if
the final punch list is generally in accordance with the Contract Documents 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 as to the actual field placement of the work including any changes or deletions.
Consultant is not responsible for the accuracy of the information provided by others. Consultant
will provide the following deliverables:
■ One (1) 22"04" set of black line Record Drawings
■ One (1) set of .PDF file Record Drawings
Additional Services
Additional services to be performed if authorized by the Client, but which are not included in the
above-described Scope of Services, are as follows:
1. Accompanying the Client 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 Client on an as -
needed basis in preparing compliance schedules, progress reports, and providing
general technical support for the Client's compliance efforts.
2. Assisting Client 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.
3. Sampling, testing, or analysis beyond that specifically included in the Scope of
Services referenced herein above.
4. Preparing applications and supporting documents for government grants, loans, or
planning advances, and providing data for detailed applications.
5. 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 Client.
6. Providing professional services associated with the discovery of any hazardous waste
or materials in the project site.
7. Additional meetings beyond those identified in the Scope of Services.
8. Preparation for and attendance to public meetings to discuss the project.
9. Any services not listed in the Scope of Services.
Schedule
Engineer will provide the Construction Phase Services as indicated in the contract documents
regarding Time of Completion.
7
Fee and Billing
Engineer will provide the Reimbursable Tasks identified in the Scope of Services and shown in
the Table below on a labor fee plus expense basis total, not to exceed $1,075,200 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 below are provided for budgeting purposes only and are not
intended to represent a specific budget for each reimbursable task. Engineer reserves the right to
reallocate the reimbursable budget among tasks as determined necessary by Engineer. Labor fees
will be billed according to the rate schedule shown in the Agreement. Direct reimbursable
expenses including express delivery services, fees, and other direct expenses will be billed at 1.10
times cost. An amount will be added to each invoice to cover certain other expenses such as in-
house duplicating, local mileage, telephone calls, facsimiles, postage, and word processing.
Administrative time related to the project will be billed hourly. Technical use of computers for
design, analysis, GIS, and graphics, etc. will be billed at $10.00 per hour. 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.
Task: Task Fee:
1. Construction Phase Services $422,500
2. RPR — Walker RPR Services $511,100
3. Material Testing_ — CMT $141,600
Total $1,075,200
ATTACHMENT B
CURRENT HOURLY RATE SCHEDULE
IGn ley -Horn and Associates, Inc.
Standard Rate Schedule
(Hourly Rate)
Senior Professional I $195-$225
Senior Professional II $155-$200
Professional $115-$150
Analyst $95-$105
Designer $130-$145
Technical Support $75-$105
Clerical/Administrative Support $60-$105
The rates listed above are applicable for up to 24 months after the date of
execution of this Agreement.
Kimley-Horn
and Associates, Inc. ATTACHMENT C1
Project Workplan Budget
General Project Information
• •
Client: City of Lubbock Fee Type: CP
Project: S. Lubbock SS Ext Ph.1 BPB Expense Mult: 1.10
KHA No. 063126005
PM: Jeff James Allocation: 6.0%
Budget Summary
Date: Feb 28, 2014
Fix Mult.
Schedule: LBB
Task No. ITask Name
nc. (Attacnme
770 ICMT Enaineerina. Inc. (Attachment
Project Budget Summary $ 333,200
Expenses: $ 742,000
TOTAL: $ 1,075,200
Cost Multiplier
$ 464,592 1.1
$ 128,645 1.1
$ 593,237
141,600
Kimley-Horn
I>• and Associates, Inc. ATTACHMENT C1
Project Workplan Budget Date: February 28, 2014
General Project Information Task Information
Client: City of Lubbock Labor: $ 333,200 Number: 651
Project: S. Lubbock SS Ext Ph.1 BPB Expenses: $ 69,300 Name: Construction Phase Svcs
KHA No: 063126005 Allocation: $ 20,000 Task Mgr: Aaron Rader
PM: Jeff James TOTAL: 422,500
Attachment C-2
Walker RPR Services, Inc. Proposal
8108 Gary Ave. October 2, 2013
Lubbock, TX 79423
(806) 787-4235
Owner: City of Lubbock, TX
Client: Kimley-Horn and Associates, Inc.
2201 West Royal Lane, Suite 275
Irving, TX 75063
Project: Lubbock Sewer Line
Task Descriptions and Budgeting:
Project
Manager
Chief Inspector Junior Inspector Junior Inspector
Task Descriptions: Rates:
$ 99.00
$ 86.00 $
55.00 $
45.00
Subtotals
Labor:
Project Management
240
240
(20 hrs / mo x 12 mo)
On-site Insr Inspection (full-time)
2,112
2,112
(176 hrs / mo x 12 mo)
On-site Inspection (full-time)
2,112
2,112
(176 hrs / mo x 12 mo)
On-site Inspection ( full time
2,112
2,112
(176 hrs/mo x 12 mo)
Hour Subtotals:
240
2,1121
2,112
2,112
6,576
Labor Subtotals:
$ 23,760.00
$ 181,632.00 $
116,160.00 $
95,040.00 $
416,592.00
Expenses:
Vehicle Allowance: $ 12,000.00 $ 12,000.00 $ 12,000.00 $ 12,000.00 $ 48,000.00
($1000 / mo x 12 mo)
Expense Subtotals: $ 48,000.00
CMT Engineering, Inc
12804 County Road 2500
Lubbock TX 79404
Office (806) 771-7283
Fax (806) 771-7062
Construction Materials Testing
Fee Proposal
N%CMT
�Engineering
Project: South Lubbock Sanitary Sewer Extension Bid Package B
Attn: Aaron Rader, P.E.
Client: Kimley-Horn and Associates, Inc
Date: December 16, 2013
Laboratory Tests
Soils
Fee
City.
Extension
Modified Proctor 4" mold
$
200.00
25
$
5,000.00
Atterbur Limits
$
65.00
25
$
1,625.00
Classification of soils inc washed rad
$
70.00
25
$
1,750.00
Flex Base
Modified Proctor
$
250.00
2
$
500.00
Bulk Gravity / Moisture Correction
$
50.00
2
$
100.00
Wet Ball Mill
$
225.00
2
$
450.00
Atterbur Limits
$
65.00
2
$
130.00
Washed Gradation
$
70.00
2
$
140.00
Hot Mix
Asphalt Content (Ignition) / Gradation
$
150.00
30
$
4,500.00
TxDOT Gyratory set of 3
$
150.00
30
$
4,500.00
Max Theoretical Density / Rice Gravity
$
125.00
30
$
3,750.00
Core Thickness Test
$
10.00
60
$
600.00
In Place Density (from cores)
$
30.00
60
$
1,800.00
Field Testing*
Nuclear Field Density 3 min
$
20.00
2630
$
52,600.00
Asphalt Core (up to 3" Additional $15 per inch
$
60.00
60
$
3,600.00
Slum
$
20.00
50
$
1,000.00
Entrained Air
$
30.00
20
$
600.00
Temperature
$
5.00
50
$
250.00
Making Cylinders ea 4 min Incld breaks
$
27.00
80
$
2,160.00
Making Grout Cylinders ea 4 min Incld breaks
$
27.00
120
$
3,240.00
Technician / En ineerin
Technician Hourly Two hour minimum
$
49.00
650
$
31,850.00
Technician Overtime Hourly*
$
59.00
100
$
5,900.00
Professional Engineering Hourly
$
175.00
10
$
1,750.00
EIT Hourly
$
85.00
10
$
850.00
Total
$
128,645.00
• Field testing is billed in addition to Tech hourly rates
"" Hourly rates apply portal to portal, between 7:00 am and 5:00
pm, Monday through Friday. Overtime rates will be applied when
City of Lubbock, TX
Capital Project
Project Cost Detail
March 27, 2014
Capital Project Number: 92178
Capital Project Name: South Lubbock Sewer System Expansion
Budget
Encumbered/Expended
Contract 9065, Professional Services Contract with Kimley Horn, 2/25/10 $ 996,010
Arndt 1 to Contract 9065 with KH for 1/A Constr. Phase Serv. 78,000
Const. Contract # 10282 with Merryman Excavation, Inc. for Bid Pckg A 1,399,363
Change Order 1 for Const. Contract #10282 with Merryman Excavation 14,783
Bid Cost 199
City of Lubbock Staff Expenditure 104,068
Arndt 2 to Contract 9065 with KH for Final Design of Bid Package B 1,094,110
Land Acquisition / Surveying 3,258
Agenda Items: March 27, 2014
Utility Contractors of America, Construction Contract 11709 20,293,160
Kimley Horn Engineers Construction Phase Services 1,075,200
EncumberedlExpended to Date 25,058,151
Estimated Costs for Remaining Appropriation
Sewer Line Construction 1,441,849
Remaining Appropriation 1,441,849
Total Appropriation $ 26,500,000