HomeMy WebLinkAboutResolution - 2013-R0078 - Agreement - SGS Engineering LLC - Downtown Utility Duct System - 02/28/2013Resolution No 2013-R0078
February 28, 2013
Item No 5.8
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 design of Phase 2 of the downtown utility duct system, by and between the City of
Lubbock and SGS Engineering, a Texas LLC, and related documents. Said Professional
Services 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 February 28, 2013
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ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Marsha Reed, P.E., Chief Operatin Officer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocs RES.PSA-SGS Engineering
February 13, 2013
STANDARD SERVICES AGREEMENT
This Agreement is made as of day of , by and between
CITY OF LUBBOCK ("Client") and SGS ENGINEERING, a Texas LLC ("SGS").
As provided in this Agreement, SGS will provide construction period services for the following
project (the "Project"):
Lubbock Downtown Utility Plan: located downtown, generally in an area bounded by Marsha
Sharp Freeway on the North, Interstate 27 to the East, 19th Street on the South, and Avenue Q
to the West, in the City of Lubbock, in the County of Lubbock, State of Texas. The Utility Plan is
further defined as electric, communications, cable television, and gas facilities to be installed in
the re -development area.
Section 1. Scope of Services
(a) SGS will provide the "Basic Services" described in the attached Scope of Services,
Schedule 1. The Basic Services authorized by the Client shall be paid for by the Client
as provided below.
(b) Certain of the Basic Services may be performed by consultants of SGS, but SGS will
remain responsible for the full performance of such services.
(c) It is anticipated that the scope of services will continue through much of the re-
development period. The bulk of the scope will be performed at the beginning of the re-
development period, but may require support throughout the re -development period.
Section 2. Fees for Services
(a) SGS's estimated fees for Basic Services for each Task described in Schedule 1 are
shown in attached Schedule 2. The Total Not -To -Exceed fee is $215,000. The Non -To -
Exceed amount is based on the total project. The task estimates are budgetary and may
be modified as necessary throughout the project. The hourly rates of any sub -
consultants will not exceed the rates of similar classifications shown in Schedule 3
without written consent of the client of such increased rates.
(b) Fees and expenses of consultants to SGS for services included with Basic Services
shall be paid by Client in the amount invoiced to SGS plus ten percent (10%) for
handling and indirect costs and are included in the Not -To -Exceed fee.
(c) The time frame for these engineering services will be determined largely by the
requirements of the re -development activities.
(d) Reimbursable Expenses shall include actual expenditures made by SGS in the interest
of the Project and will be billed at the actual cost to SGS plus ten percent (10%) for
handling and indirect costs. Reimbursable expenses include, without limitation, costs of
items such as the following and are included in the Not -To -Exceed fee:
(i) Copying of drawings, specifications, reports, cost estimates and other
documents prepared in connection with the services of SGS under this
Agreement.
(ii) Duplicate mylars and other photographic products.
(iii) Specials models, perspectives or other promotional materials approved in
advance by Client.
(iv) Messenger services, special mailing, long distance telephone calls, telex and
telecopy charges.
(v) Fees and expenses of special consultants
(vi) Cost of commercial carrier, public transportation, lodging, car rental,
subsistence and out-of-pocket expenses.
(vii) Printing or final report for Client.
(viii) Any tax and/or fees imposed by any taxing authority based upon gross
revenue or sales shall be reimbursable in addition to the fee stated in this
contract.
Section 3. Payment Terms
(a) SGS shall be compensated with a Not -To -Exceed fee of $215,000, including
reimbursable expenses. SGS will bill on a monthly based upon actual time and
expenses expended for the project phases identified in Schedule 1. The hourly rates
used will be those as shown in Schedule 3. New hourly rates may be considered if this
Agreement is amended to extend beyond the term of this Agreement. The SGS monthly
billing will indicate the classifications, along with listing and costs of expenses.
(b) The Client shall pay the amount due within 30 days after receipt of SGS's invoice. If the
invoice is not paid within 30 days, SGS may suspend services upon written notice to the
Client. If a portion of the Consultant's statement is disputed, the Client shall pay the
undisputed portion by the due date. Interest on amounts due and unpaid shall accrue at
the rate of 1.5% per month from the 31St day after receipt of the invoice until paid. The
Client shall advise the Consultant in writing of the basis for any disputed portions of the
statement within 30 days of receipt of invoice.
(c) SGS shall keep and maintain time and expense records relating to the scope of services
described above, together with supporting receipts, vouchers, and appropriate
documentation. As necessary, these records and other appropriate documentation may
be required to support invoices submitted to the Client. The Client shall have the right to
examine such records as it deems necessary upon reasonable notice to SGS.
(d) If a delinquency by client occurs, SGS may choose to suspend work. If such a decision
to suspend work is made, SGS will notify Client in writing. SGS may choose to
recommence work once a delinquency is completely cured and any and all attendant
collections costs, fees, increases in costs or fees, to other amounts required to be paid
by Client under this Agreement are made in full. If a delinquency by Client occurs and
SGS chooses not to suspend work, no waiver or estoppels shall be implied or inferred.
Section 4. Client's Responsibilities
Client agrees to provide full, reliable information regarding its requirements for the Project and,
at its expense, shall furnish the information, surveys and reports, if any, listed on Attachment C.
In addition, Client agrees to provide, at its expense and in a timely manner, the cooperation of
its personnel and such additional information with respect to the Project as may be required
from time to time for the performance of SGS's work. Client shall designate a Project
Representative authorized to act on behalf of Client with respect to this Agreement and agrees
to render any decisions promptly to avoid unreasonable delay to the Project and the
performance of SGS's work.
Section 5. Termination
The Agreement may be terminated by either Client or SGS by giving written notice at least thirty
(30) days prior to the date of termination. In the event of such termination, Client shall pay SGS
for services and Reimbursable Expenses performed or incurred prior to the termination date.
Section 6. Access to the Site; Photographs
SGS and SGS's employees and consultants shall have access to the Project area from the
public right-of-way at all reasonable times and shall be permitted to photograph the Project.
Section 7. Use of Documents
Plans, drawings and specification or other writings or documents prepared or provided by SGS
hereunder are prepared for this Project only, but may be used by SGS for purposes of
illustrating the scope and nature of project involvement. SGS shall provide Client with a
reproducible set of drawings and specifications and a copy of studies, drawings, photographs,
GIS Data, and digital files and images for its records.
Section 8. Indemnification
To the extent authorized by law, Client and SGS shall each indemnify and hold the other
harmless from any claim or damages of any nature whatsoever arising from the acts of its own
officials and/or employees in connection with this Project. In the event of joint and concurrent
negligence of both Client and SGS, responsibility, if any, shall be apportioned comparatively in
accordance with the laws of the State of Texas, without, however, waiving any governmental
immunity available to City under Texas law and without waiving any defenses of the parties
under Texas law. The provisions of this paragraph are solely for the benefit of the parties
hereto and not intended to create or grant any rights, contractual or otherwise to any other
person or entity.
Engineer shall not be responsible for actual means, methods, techniques, sequences,
procedures or safety precautions and programs used in connection with the Project by others.
Engineer shall assist the Owner in the administering of its contracts with any vendor or other
Section 9. Insurance
(a) General Liability:
SGS's insurance shall contain broad form contractual liability with a combined single
limit of a minimum of $500,000 each occurrence and in the aggregate and shall include
the following:
• Bodily Injury and Property Damage
• Broad Form Contractual Liability
• Personal Injury and Advertising Injury
• Fire Legal Liability
• Products and Completed Operations
(b) Business Automobile Liability:
SGS's insurance shall contain a combined single limit of at least $500,000 per
occurrence, and include coverage for but not limited to the following:
• Bodily Injury and Property Damage
• Any and all vehicles owned, used, or hired
(c) Professional Liability:
SGS's insurance shall contain a combined single limit of a minimum of $1,000,000 per
occurrence and in the aggregate, including errors & omissions.
(d) Workers' Compensation and Employers Liability Insurance:
SGS shall elect to obtain workers' compensation coverage pursuant to Section 406.002
of the Texas Labor Code. Further, SGS shall maintain said coverage throughout the
term of this contract and shall comply with all provision of Title 5 of the Texas Labor
Code to ensure that SGS maintains said coverage. Any termination of workers'
compensation insurance coverage by SGS or any cancellation or non -renewal of
workers' compensation insurance coverage for SGS shall be a material breach of this
contract. The policy must be endorsed to include a waiver of subrogation in favor of the
City of Lubbock.
Employer's Liability with limits of at least $500,000 each accident, $500,000 by disease,
policy limit, and $500,000 by disease each employee shall also be obtained and
maintained throughout the term of this contract.
(e) Other Insurance Requirements:
SGS's general liability and auto liability insurance policies through policy endorsement
must include wording, which states that the policy shall be primary and non-contributory
with respect to any insurance carried by City of Lubbock. The certificate of insurance
must reflect that the above wording is included in evidenced policies. All policies must
be endorsed to include a waiver of subrogation in favor of the City of Lubbock.
Section 10. Miscellaneous
(a) Client and SGS each bind itself and its successors and assigns to this Agreement.
Neither Client nor SGS shall assign or transfer its interest in this Agreement without the
written consent of the other.
(b) SGS will provide client with a list of subcontractors and personnel associated with this
project. Changes to subcontractors require written consent of Client.
(c) All products produced during this contract, including studies, drawings, photographs,
GIS data, and digital files and images, will become the property of the Client.
(d) This Agreement shall be governed by the laws of the State of Texas. Any disputes
arising in connection herewith shall be referred to the state or federal courts within the
State of Texas as first -instance courts of exclusive jurisdiction to which both parties
hereby submit. The venue would be exclusively in Lubbock County. The prevailing
party in any dispute between the parties in connection herewith shall be entitled to all
costs and expenses, including without limitation, reasonable attorney's fees and
expenses incurred, provided that such costs shall be limited in amount to the lesser of (i)
$50,000 and (ii) the amount payable by Client hereunder for SGS's fees for Basic
Services and Additional Services.
(e) This Agreement represents the entire Agreement between Client and SGS. This
Agreement may be amended only by a writing signed by both Client and SGS.
(f) Any individual who signs this Agreement on behalf of Client or SGS, represents,
promises, and guarantees, that he or she is fully authorized to execute this Agreement
on behalf of the respective party.
(g) Nothing contained herein shall be construed to imply a joint venture, partnership, or
principal -agent relationship between SGS and City of Lubbock.
(h) If any provision of this Agreement is declared invalid or unenforceable, such provision
shall be deemed modified to the extent necessary to render it enforceable so long as the
modification is reasonably within the intent the parties originally expressed. If the
provision may not be so modified, the unenforceability shall not offset any other
provision of the Agreement.
(i) Notice Addresses
SGS Engineering
Steve Owens
401 50" Street
Lubbock, TX 79404
Client: City of Lubbock
Lee Ann Dumbauld, City Manager
PO Box 2000
Lubbock, TX 79457
Phone: 806-795-6827 Phone: 806-775-2003
Fax: 806-795-7526 Fax: 806-775-2051
Section 11. Term and Scope of the Agreement
(a) The term of this agreement shall be two (2) years. After signing Notice to Proceed, this
Agreement may be amended or a new agreement may be negotiated at the desire of
both parties.
(b) The scope of the project may be adjusted by negotiation as required as the project
develops.
EXECUTED in duplicate and effective as of the day of ,
SGS ENGINEERING, LLC
Date: .2-113 // 3
By: Zjjtt�� 6Z�Ae,�
Steve Owens, P.E.
Title: Managing Partner
Address: CITY OF LUB
401 50th Street
Lubbock,TX 79404
Phone: 806-795-6827 Glen C ertson, Mayor
Fax: 806-795-7526
ATTEST:
Attention: Steve Owens
Re tcca Garza, City Secreta
APPfZOVEQ AS T6CONTENT:
Wood; anklin,C y Engineer _s
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arsha Reed, Chief Operating fficer
APPROVED AS TO FORM:
Linda Chamales, �-
Economic Development Attorney
Address:
City of Lubbock
P.O. Box 2000
Lubbock, TX 79457
Phone: 806-775-2110
Fax: 806-775-2051
Attention: Wood Franklin
SCHEDULE 1:
SCOPE OF SERVICES
Basic Services:
Coordinate with downtown utility companies with the Master Developer for the design of utility
infrastructure and prepare bid documents for the City of Lubbock to conform with the Downtown
Redevelopment Action Plan.
Task 1: Project Management
In order to manage the project the engineer will attend required meetings, prepare agendas,
and prepare status reports. The engineer will also prepare submittal documents, develop as
built drawings, and develop a project schedule. Engineer to provide boundary survey by RPLS
of project route and include such information on submittals.
Task 2: Engineering Model
Develop an engineering model of re -development area to be used to determine electric
requirements. This model will evolve throughout the project as proposed loads and
development configurations evolve. The model will be based upon a single electric utility
system.
Task 3: Electric Utilitv Coordination
Coordination of the Electric Utility with the other services in the development area. Deal with
issues of retirement of existing facilities, installation of new facilities, and re -location of existing
customer facilities.
Task 4: Communication, Cable Services, and Gas Utility Coordination
Coordination of communication services, cable television services, and gas services with the
electric facilities. Coordination will also be required with the city water and sewer facilities.
Task 5: Utility Design
Design and layout of electric, communication, cable television, and gas facilities in the re-
development area. These responsibilities include development of the detail requirements for
installation of all facilities and standards of installation for occupying proximity locations.
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SCHEDULE 2
SGS Engineering Fees
Task 1: Estimated Fee $72,000
Fee based on time and expense application of attached rates (Schedule 3)
Task 2: Estimated Fee $29,000
Fee based on time and expense application of attached rates (Schedule 3)
Task 3: Estimated Fee $32,000
Fee based on time and expense application of attached rates (Schedule 3)
Task 4: Estimated Fee $38,000
Fee based on time and expense application of attached rates (Schedule 3)
Task 5: Estimated Fee $44,000
Fee based on time and expense application of attached rates (Schedule 3)
TOTAL NOT -TO -EXCEED FEE $215,000
SCHEDULE 3
2013 STANDARD BILLING RATES
01/01/2013
BILLING CLASSIFICATION
2013 RATE
EMPLOYEE
Partner 5
163
Owens
Partner 4
155
M Smith, Bow, Neal, L Teal,
Payne
Partner 3
147
Partner 2
139
Partner 1
131
Senior Professional Engineer 5
163
Senior Professional Engineer 4
155
Richardson, Wol amott
Senior Professional Engineer 3
147
Senior Professional Engineer 2
139
Senior Professional Engineer 1
131
Associate Professional Engineer 5
136
Associate Professional Engineer 4
129
Manuel, McDonald
Associate Professional Engineer 3
122
Associate Professional Engineer 2
115
Associate Professional Engineer 1
108
Graduate Engineer 5
108
Graduate Engineer 4
102
Brown
Graduate Engineer 3
96
C. Smith
Graduate Engineer 2
90
VanDeventer, Alvarez
Graduate Engineer 1
84
Stirling, Waller, Kunze,
Ramiredd
Senior Staff 10
150
Senior Staff
144
Sarkis, Gene Smith
Senior Staff
138
Senior Staff 7
132
Senior Staff 6
126
Cobb
Page 2
2013 STANDARD BILLING RATES
BILLING CLASSIFICATION 2013 RATE
EMPLOYEE
Senior Staff 5
120
Senior Staff
114
Senior Staff 3
108
Senior Staff
102
Senior Staff 1
96
Pattison
Construction Services 5
92
Wilson, Gene Smith, Reddin
Construction Services 4
88
Keesee, Sears
Construction Services 3
84
Gale Smith
Construction Services 2
80
Construction Services 1
76
Senior Technician 5
91
Shaw, Cisneros, Giovannetti,
Dudley
Senior Technician 4
87
Senior Technician 3
83
Seve , Hawkins
Senior Technician 2
79
Senior Technician 1
75
Lead Technician 5
75
Louder
Lead Technician 4
72
Lead Technician 3
69
Hernandez, Torres
Lead Technician 2
66
Benishek
Lead Technician 1
63
Associate Technician 5
65
Associate Technician 4
62
Associate Technician 3
59
Salgado
Associate Technician 2
56
Associate Technician 1
53
Whitson
Administrative Assistant 5
62
Administrative Assistant 4
59
A Teal
Administrative Assistant 3
56
Westbrook
Administrative Assistant 2
53
Dunn
Administrative Assistant 1
50
Page 3
2013 STANDARD
RATE SHEET ATTACHMENT
SPECIAL CHARGES AND ADDERS
(1/1/2013 through 12/31/2013)
OVERTIME Billing Rates times 1.5 multiplier
PER DIEM $125.00 per Day
EXPENSES Actual Out -of -Pocket
MILEAGE On -Road: IRS Allowable
Off -Road: IRS Allowable plus $0.04
4 -WHEELER $75.00 Per Day
GPS SURVEY EQUIPMENT $350.00 Per Day
RANGER $250.00 Per Day
RANGER + GPS SURVEY $600.00 Per Day
RELAY TEST EQUIPMENT
(OMICRON)
WORK ORDER INSPECTIONS
$500.00 Per Day or
$1,800.00 Per Substation Checkout
$525.00 Per Day plus Expenses
NOTE: Billing of specialty charges may include a 10% administration fee.
NOTE: Specialty rates may be applicable for Forensic, Wind, and System Protection services
as determined by SGS Engineering on a project basis. These rates are available upon request.
SCHEDULE 4
Information Provided by Client
Information that may be required by SGS shall include:
• GIS Layers as shape files:
- Right -of -Way
- Water lines
- Sewer lines
- Parcel lines
- Floodplain
- One-way streets
- Bus routes and stop locations
- Centerline information, including street names
- Existing zoning
- Existing land use
- Property values
- Property ownership
- Historic landmarks (local, state, national)
- Buildings over 3 stories
- City, county, state, and federal ownership
- TIF and PID boundaries
- Signalized Intersections
- On street parking locations
- Street Functional Classifications
• Documents/other: hard copy and/or computer files (drawings, databases,
spreadsheets, etc.)
- Comprehensive Land Use Plan
- Marsha Sharp Freeway extension plans and profiles (specifically location and
configuration of ramps) (TXDOT will provide schematics first, then more if
needed)
- Texas Tech Master Plan
- Arts District Master Plan
- Site Plan for the Walmart
- Overton Park Public Improvements Site Design Guidelines
- Overton Park Residential Design Guidelines
- Civic Center info — events, attendance, etc.
- New downtown ordinance language (Ordinances and Design Standards)
- Historic sites, structures as needed
- Parking inventory: surface and structured parking (private and public):
ownership, number of spaces, usage, $ rates
- Progress/investment to -date for 2 existing TIF Districts (annual reports)
- Convention and Tourism Bureau "Tourism Research, Strategic Organization and
Marketing Plan"
- CBD Water Line Replacement Plan
- City Logo
- Aerial Photographs (current 2005 district orthophotography and historic aerials as
needed)
- Bicycle Plan
- Traffic Count Map
- Pavement Conditions
- Citibus Marketing Study
- Citibus Ridership Surveys (Texas Tech and Fixed Route)
- Citibus station inventory
- Depot District parking information (zone case)
- List of agency/department contacts