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HomeMy WebLinkAboutResolution - 2013-R0116 - Agreement - Kimley-Horn And Associates Inc.- Study Of Sewer Systems - 04/11/2013Resolution No. 2013—RO116 April 11, 2013 Item No. 5.9 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 Professional Services Agreement for the evaluation and study of sanitary sewer systems, by and between the City of Lubbock and Kimley-Horn and Associates, Inc., and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on __April 11, g n i j EV006W ")/<� Rebe ca Garza, City Secreta . APPROVED AS TO CONTENT: �r . g) J"' -j R. Keith Smith, P.E., Chief Operating Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vwccdocs RES.PSA-Kimley Horn & Associates, Inc. February 28. 2013 ACS o® CERTIFICATE OF LIABILITY INSURANCE 3�ii�2o1"3 Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Insurance Brokerage 450 Northridge Parkway Suite 102 Atlanta GA 30350 CONTE• ACT Jerry Y NO ola PHONE (770)552-4225 FAXAIC Nole (866)550-4082 •MAIL .jerry.noyola@greyling.com INSURERS AFFORDING COVERAGE NAIC# INSURER ANational Union Fire Ins. Co. 19445 A INSURED Kimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh NC 27636 INSURERB:Commerce & Industry Insurance 19410 A INSURERCNew Ham shire Insurance Company 23841 A INSURER D.Lexin ton Insurance Company19437 A INSURER E: INSURER F: COVERAGES CERTIFICATENUMBER:12-13 (Kimlev Melanie) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMI D/Y POLICY EXPYYYMI MD LIMITS GENERAL LIABILITY X X EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE OCCUR 9645227 12/1/2012 /1/2013 PRMM T .ENTED occurrence) $ 500,000 M ED EXP (Any one person) $ 25,000 PERSONAL BADV INJURY $ 1,000,000 X Contractual Liability GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 $ POLICY X PIFQT RO X LOC AUTOMOBILE LIABILITY X X EeacccideDSINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ A XANY X AUTO OWNED ALL OWSCHEDULED TED AUTOS X AUTOS acEciQtDAMAGE HIR AUTOS D 982985 12/1/2012 /1/2013 BODILY INJURY (Per accident) $ P.rr $ X UMBRELLA LIAB X OCCUR X X EACH OCCURRENCE $ 51000,000 AGGREGATE $ 5,000,000 B EXCESS LIAB CLAIMS -MADE DED I X I RETENTION 10,00 $ E 021730741 12/1/2012 /1/2013 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? � (Mandatory In NH) N/A X 018112556 12/1/2012 /1/2013 OTH- X WC STATU-S FR E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 11000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 11000,000 D Professional Liability X 016017332 12/1/2012 /1/2014 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: South Lubbock Sanitary Sewer System Extension Phase II; Jeff James. The City of Lubbock is named as an Additional Insured on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder named below. City of Lubbock John Turpin P.O. Box 2000 Lubbock, TX 79457 ACORD 25 (2010/05) I N S025 r;m nnsi m SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ormaza/JERRY ©1988-2010 ACORD CORPORATION. All rights reserved. Tho Arr1Rfl nnmo onrl Innn nro raniefurerl m2rlra of A( npn Policy Number: 9645227 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after. a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: 9645227 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person or organization to Any location where you have whom or to which you are required agreed, through written contract, to provide additional insured status in a written contract or agreement or permit, executed written agreement executed prior prior to the loss, to provide to the loss except where such additional insured coverage for contract or agreement is completed operations. prohibited by law. Information required to complete this Schedule, if not shown above will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury' or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CO 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 13 POLICY NUMBER: 4 9 8 2 9 8 5 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Countersigned By: 12/01/12 Named Insured: Kimley-Horn & Associates, Inc. Authorized Representative) SCHEDULE '. Name of Person(s) or Organization(s): Blanket Where Required By Written Contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 13 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization From Whom You Are Required By Written Contract or Agreement To Obtain This Waiver of Rights From Us. This endorsement changes the policy to which It is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement 12/1/12 - 4/1/13 Effective Policy No. 018112 5 5 6 Endorsement No. Insured �� Premiu Kimley-Horn & Associates, Inc. Insurance Company Countersigned by New Hampshire Insurance Company WC 00 0313 (Ed. 4-84) 01883 National Council on Compensation Insurance. Resolution No. 2013-RO116 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") for South Lubbock Sanitary Sewer System Extension Phase II, is entered into this 13thday of April , 2013, 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 perforrn 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") 1.02 Engineer's Personnel at the Project Site: The presence or duties of the Engineer's personnel at the Project site, whether as on-site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to City Page 1 of 1 1 and/or to other contractors, subcontractors, or other entities, and do not relieve the other contractors, subcontractors, or other entities of their obligations, duties, and responsibilities, including, but not limited to, all methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work of those parties in accordance with their contract requirements and any health or safety precautions required by such work. The Engineer and its personnel have no authority to exercise any control over any contractor, subcontractor, or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of any contractor, subcontractor, or other entity or any other persons at the Project site except Engineer's own personnel. Conditions which may appear unsafe to the Engineer will be reported to the Contractor and the City. ARTICLE II Compensation and Tenn 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, a not to exceed amount of $143,600. Billing rates for time and materials portions are provided in Attachment "A," attached hereto. 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 three hundred sixty five (365) days from the date of execution. 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 Page 2 of 11 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 The Engineer's compensation is based on timely authorization to proceed and timely completion of the Project. If the Project timing deviates from the assumed schedule for causes beyond the Engineer's control, the Engineer may request renegotiation of those portions of the compensation affected by the time change. 2.04 If the Engineer determines that additional time is required to complete the Services, the City Manager, or their designee, may execute an agreement to grant up to an additional three (3) months of time so 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 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 Page 3 of 11 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 Non -Arbitration 4.01 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. 5.01 ARTICLE V 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 Page 4 of 11 remedy available to it by law, contract, equity or otherwise, including without limitation, specific perfonnance and/or the right to terminate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. ARTICLE VI Insurance/Indemnity 6.01 Engineer shall procure and cant', 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 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: Page 5 of 11 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. 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. Page 6 of 11 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. 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 Page 7 of 11 United States mail, as set forth above. For City: John Turpin, P.E. P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-3344 For Engineer: Jeff James, P.E. Kimley-Horn and Associates, Inc. 801 Cherry Street, Unit 11, Suite 950 Fort Worth, Texas 76102 Facsimile (817) 335-5070 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 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. Page 8 of i 1 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. The City will assume sole liability for any reuse or modification of the Engineer's work product. The Engineer may make copies of any and all work products for its files. 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. 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 terror "Engineer", as used in and for all Page 9 of 1 1 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 10 of I 1 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. ATTEST: Rebe ca Garza, City Secret y AP ROVED TO CONTENT: 4Z=7 oo r in, P.E., City ngineer APP nA i OFORM: City Attorney Kimley- n, and ssociates, Inc. By: Name: JE. Title: Senior Vice President Page 1 1 of 1 I ATTACHMENT "A" Scope of Services Proiect Understanding This project is identified in the City of Lubbock Wastewater Master Plan, August 2009, as the 130"' Street Gravity Line. It is also identified in the City of Lubbock Capital Improvement Program as the South Lubbock Sanitary Sewer Expansion Phase II project. Section I of this project includes the following tasks necessary for identifying a route for a proposed gravity sanitary sewer line from Alcove Avenue to Avenue P along the 130"' Street corridor. Task 1: Project Management Task 2: Routing and Alignment Study The Scope of Services for future sections (master plan update, preliminary design, final design, and bidding/construction phase services) as recommended by the City of Lubbock is not included and may be provided as an amendment to this contract. Section I Task 1 Project Management a) Develop project communication plan i) Prepare for and conduct monthly progress meetings to monitor the development of the project. A total of four (4) meetings are anticipated. ii) Coordinate with survey subconsultant. iii) Prepare monthly progress reports to the project team (as necessary). b) Develop project production plan i) Document design criteria (coordinate with City staff at the project kick-off meeting). ii) Develop project schedule and interim milestones (coordinate with City staff at the project kick-off meeting). iii) Coordinate milestones with QC/QA reviewer, distribute plans and collect comments from the QC/QA reviewer. c) Project Administration i) Prepare project correspondence and invoicing documents. ATTACHMENT "A" - 1 OF 6 2) Routing and Alignment Study a) Kick -Off Meeting i) Prepare for and facilitate a kick-off meeting with the City to develop criteria for alignment selection and design parameters. b) Data Collection - The City will be responsible for making the following information available to the Engineer where available. i) Existing and Available Record Drawings (hard copy or electronically) (1) Water system improvements. (2) Sanitary sewer system improvements. (3) Roadway improvements. (4) Storrn water improvements. ii) Existing and Available digital maps (1) Block or R.O.W. maps. (2) Utility maps (water, sewer, and storm sewer) in GIS format. (3) Contour maps with contour intervals of 5 feet based on the source data available from the City. (4) Current aerial photography of the study area. iii) In progress and planned projects in the study area (1) Street/Roadway/Transportation improvements (including MPO). (2) Water system improvements. (3) Sanitary sewer system improvements. (4) Storm water system improvements. iv) Wastewater Master Plan, current version (1) Historical information on sanitary sewer overflows in the study areas. (2) Sanitary sewer overflow data. (3) Electronic version of sanitary sewer model if available. (4) Assumptions (i.e. Land Use, Population, Growth, etc.) used in the creation of the model. v) Sanitary sewer inspection report and video, if available vi) Submitted Plat Information for Load Area 8. c) Alignment Evaluation i) Evaluate multiple alignments throughout the study area based on the following criteria. (1) Wastewater System Master Plan (2) Conflict with existing and proposed infrastructure (3) Pipe material (4) Property ownership (5) Permitting (6) Operational flexibility (7) Traffic counts (8) Easement acquisition requirements (9) Hydraulics (10) Constructability ATTACHMENT "A" - 2 OF 6 (11) Maintenance (12) Construction costs ii) Based on the alignment criteria, perform the following services in evaluating the multiple routes. (1) Profile alignments. (2) Property owner research and coordination on affected properties. (3) Research any proposed plats within the Load Area 8. (4) Meet with City personnel and land developers along the corridor including up to three (3) site visits d) Routing and Alignment Report i) Provide 22"x34" exhibits and letter report summarizing the evaluation of no more than three (3) proposed alignments for the sewer line. The exhibits and letter report will include the following: (1) Criteria for alignment selection and design parameters developed during the kick-off meeting. (2) Advantages and disadvantages of each alignment. (3) Recommended alignment. (4) Recommended lift stations (if necessary). (5) Recommended pipe size. (6) Recommended pipe material with alternates. (7) Recommended type of construction (open cut, bore, tunneling, etc.). (8) Preliminary Opinion of Probable Construction Cost (OPCC) for each aligmnent (9) Preliminary construction schedule for each alignment. (10) Alignment exhibits. (a) aerial photograph showing the approximate alignment (b) property information obtained from the Lubbock Appraisal District (c) zoning and land use information for each alignment (d) recommended easement/right-of-way requirements (e) profile of each alignment based on existing contour maps e) Routing and Alignment Submittal i) Engineer will attend up to two (2) review meetings with City staff in Lubbock and conduct an electronic review. Review comments will be recorded during this meeting and distributed to members of the design team and the City. This review shall include the following: (1) Six (6) copies of the Routing and Alignment Report for review and comment. ii) Address comments and prepare final routing and alignment report ATTACHMENT "A" - 3 OF 6 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. Topographic survey B. Preliminary and Final Design tasks C. Update to the City's Wastewater Master Plan D. Update to the City's GIS data or maps. E. Preparation of contract documents or easement acquisition services F. Bidding and Construction phase services G. Update to the land use plan. H. Additional copies of Routing and Aligmnent report. I. Structural design J. Perform condition assessment on any existing sanitary sewer line including flow monitoring. K. Preparation of platting documents and/or real property survey for site acquisition. L. Permitting, application, and similar project fees. M. Accompanying the City when meeting with the TCEQ, U.S. Enviromnental 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. N. 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. O. Sampling, testing, or analysis beyond that specifically included in the Scope of Services referenced herein above. P. Preparing applications and supporting documents for government grants, loans, or planning advances, and providing data for detailed applications. Q. 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. R. Providing professional services associated with the discovery of any hazardous waste or materials in the project site. S. Additional meetings beyond those identified in the Scope of Services. T. Preparation for and attendance to public meetings to discuss the project. U. Any services not listed in the Scope of Services. ATTACHMENT "A" - 4 OF 6 Schedule Engineer will provide the Services as expeditiously as practicable to meet the described schedule. • Routing and Alignment Submittal — 4 months upon notice to proceed. 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 $143,600 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 and approved by City's representative. Labor fees will be billed according to the attached rate schedule. 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. 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. Section I Task: Task Fee: 1. Project Management $31,000 2. Routing and Alignment Study (including Hugo Reed) $112,600 Total Reimbursable Fee: $143,600 ATTACHMENT "A" - 5 OF 6 Kimley-Horn and Associates, Inc. Standard Rate Schedule (Hourly Rate) Quality Control (QC) $215 Project Manager (PM) $200 Senior Professional Engineer $150 Professional Engineer (PE) $135 Analyst/Engineer-In-Training (EIT) $110 Administrative Assistance $75 Effective January 1, 2013 ATTACHMENT "A" - 6 OF 6 ®� Kimley-Horn ® and Associates. Inc. Project Workplan Budget ProjectGeneral • • • • Client: City of Lubbock Fee Type: CP Project: South Lubbock SS Phase 2 Expense Mult: 1.10 KHA No. 063126OXX PM: Jeff James Budget Summary Date: Feb 26, 2013 Fix Mult. Schedule: LBB13 BudgetTask No. Task Name Hours Labor 00 Expenses Subtotal Subtotal 100 200 Project Mgmt Routing & Alignment 173 487 $ 25,300 $ 70,000 $ 5,700 $ 9,600 $ 31,000 $ 79,600 1 $ 30,000 $ 33,000 TOTALS: 660 $ 95,300 1 $ 15,300 1 $ 110,600 Subconsultant Summary Task Name Cost Multiplier Subtotal Task No. 710 Hugo Reed $ 30,000 1.10 $ 33,000 TOTALS: 1 $ 30,000 $ 33,000 •Lrr(?j!ect Gaget Labor: $ 95,300 Expenses: $ 48,300 TOTAL: $ 143,600 v.tcrnl ee..0,..C....k1 i ec OH....., O\OOOU/U..A-1- I Qv ci cc OW) .n,... Page 1 of 1 -/-41 7./1!1 A.A Kimley-Horn [`� D and Associates. Inc. Project Workplan Budget Date: February 26, 2013 Client: City of Lubbock Labor: $ 25,300 Number: 100 Project. South Lubbock SS Phase 2 Expenses: $ 5,700 Name: Project Mgmt KHA No: 063126OXX Task Mgr. Aaron Rader PM: Jeff James TOTAIF $ 31,000 l' 43\ Task Descriptions: GLC: QC PM I PE21 PE1 Err kDMIJ (Hrs) Expenses ($) Develop Project Communication Plan 4 monthly progress meetings Coordinate with subconsultants Prepare progress reports Develop Project Production Plan Document design criteria chart _ Develop schedule and interim milestones Coord. milestones with QC/QA reviewer J Project Administration Correspondence Word processing, shipping, postage Invoicing 20 12 20 40 _ _ 40 _ 52 13 2 2 6 $ 4,100 _ 4 9 _ _ _ _ _ 2 2 _ _ _ _ 2 4 _ _ 2 2 4 28 $ 1,081 2 8 18 18 _ _ _ 18 8 4 4 _ _ Subtotals.1 2 46 83 21 40 173 $ 5,181 Page 1 of 1 VACT Al 1 00 M"--.. i OV of ee oan „i..... FNKimley-Horn V and Associates. Inc. Project Workplan Budget ,General Project Information Client: City of Lubbock Project: South Lubbock SS Phase 2 KHA No: 063126OXX PM: Jeff James IVMAUW_M��_, Labor: $ 70,000 Expenses: $ 9,600 TOTAL: 79,600 Date: February 26, 2013 Task Information Number: 200 Name: Routing & Alignment Task Mgr: Aaron Rader Task Descriptions: GLC: QC PM PE2 PE1 EIT kDMII (Hrs) Expenses ($) Sanitary Sewer Lines Alignment Study Kick-off meeting Data Collection Review and evaluate each Existing record drawings Existing digital maps In progress and planned projects Wastewater Master plan Coordinate with city staff Alignment evaluation Conflict analysis Pipe material evaluation Property ownership Permitting _ Traffic counts Easement acquisition requirements Hydraulics 4 4 _ _ 8 $ 2,000 24 _ 6 2 — 4 6 2 —_ 4 _ 6 2 2 2 _ _2 2 18 — 18 38 1 2 _ _ 3 2_ 4 10 16 4 4 8 4 _ 4 4 4 4 18 — _ _ 22 Constructability and construction cost Maintenance Profile alignments Coordinate with Hugo Reed Three (3) site visits Alignment Report 22"x34" alignment plan w/ aerial Recommended easements Writing/preparing report Preliminary OPCC QA/OC Deliverables Agenda for kick-off meeting Alignment study report (6 copies) Preliminary OPCC (6 copies) Routing and Alignment Submittal Meetings at Lubbock (2) Address comments 2 9 9 20 6 62 18 _ 54 $ 4,000 2 4 4 18 _ 40 18 _ _ _ 27 27 _ _ _ 9 27 _ 36 _ _ 4 4 _ 8 9 40 18 67 9 18 27 8 _— 8 3 4 2 16 31 $ 1,227 $ 1,500 1 2 2 2 2 — _ _ _ _ _ _ 8 8 4 9 18 Subtotals:1 8 74 225 178 2 1 487 $ 8,727 Page 1 of 1 vn r -nn• nn__�. _•:__u ..��__le n_..•� 1 nn 11_ 1 .1, el ce'L. ..1_.... K.mleyHorn andAssonates, Inc. Project Workplan Budget .General Project Information Client: City of Lubbock Project. South Lubbock SS Phase 2 KHA No: 063126OXX PM: Jeff James Task Descriptions: Kick Off Meet ng Monthly Project Meetings (4) _ Review Meetings (2) _ Property Research _ Submitted Pat Research Coordinate on with Kimle_y-Hom QA/QC s K Labor: $ 30,000 Expense: $ - TOTAL: $ 30,000 Uzte. March 1, 2013 Task Information Number: 710 Name. Hugo Reed Task Mgr, Aaron Rader vO y GPOo,; SJR, HRA PE2 HRA PE1 HRA EIT HRA MGR HRA CAD HRA SC HRA PE2 HRA PE1 HRA EIT HRA MGR HRA CAD HRA SC 4 12 8 25 20 20' 42 42 - - - 89 84 $13,0001 $100001 Page 1 of 1