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HomeMy WebLinkAboutResolution - 2007-R0503 - Agreement - Parkhill, Smith, & Cooper Inc. - 10/25/2007Resolution No. 2007-RO503 October 25, 2007 Item No. 5.22 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Professional Services Agreement by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., and all 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 Council. Passed by the City Council this 25th day of ATTEST: Reb ca Garza, City Secretary APPROVED AS TO CONTENT: October 2007. DAVID A. MILLER, MAYOR` Thomasams, Deputy City Manager/Water ti i ies Director APPROVED AS TO FORM: Richard K. Casner, First ssisant City Attorney mi/ccdocs/PSC-LAH Pipeline Engineering.res October 12, 2007 Resolution No. 2007-RO503 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is entered into this 25th day of October , 2007, by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Parkhill, Smith &c Cooper, Inc. (the "Engineer'), a professional engineering corporation. WITNESSETH WHEREAS, Engineer has substantial skill and experience in the planning and design of water supply, conveyance and treatment facilities, and such services are needed in the development of the Lake Alan Henry Water Transmission Pipeline, Pump Stations, Water Treatment Facility and Related Projects; WHEREAS, the City desires to contract with Engineer to perform subsequent services related to the ongoing Project 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 Exhibit "A", "Scope of Services", attached hereto (the "Services"). ARTICLE II 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 on a lump sum and reimbursable basis, with a maximum amount not -to -exceed of $ 1,316,000.00 . This amount shall be invoiced to the City monthly as work is performed and as further described on Exhibit "B", "Payments to Engineer", attached hcreto. 2.02 The City may terminate this Agreement 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 pay Engineer only for services actually performed by Engineer up to and including the date the Engineer is deemed to have received the City's notice of termination. 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 warrants 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 -2- 4.01 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 notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. -3- ARTICLE V Insurance/Indemnity 5,01 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, commercial general liability, professional liability and automobile liability coverage 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. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: $1,000,000 Professional Liability: Combined Single Limit: $500,000 Automobile Liability: Combined Single Limit for any auto: $500,000 Per Occurrence 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 _M 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. 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 Mold 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 any matter related to Engineer's activities, performances, operations or omissions under this Agreement. The indemnity provided herein shall survive the expiration or termination of this Agreement. -5- ARTICLE VI Miscellaneous 6.01 Engineer shall comply with all 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. 6.02 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: Tom Adams, Deputy City Manager P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-2051 W/ copy to: Aubrey Spear, P.E. P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-3027 For Engineer: John S. Kelley, P.E. Parkhill, Smith & Cooper, Inc. 422285 1h Street Lubbock, Texas 79423 Facsimile No. 806-473-3500 IN 6.03 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. 6.04 This Agreement 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. 6.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between Engineer and the City. 6.06 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- 6.07 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. 6.08 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. 6.09 Neither City nor Engineer may assign this Agreement, in whole or in part, without the written consent of such assignment by the non -assigning party. City and Engineer each bind itself or himself, their legal representatives and permitted assigns in respect to all provisions of this Agreement. 6.10 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Engineer. 6.11 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. M IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. Parkhill, Smith & Cooper, Inc. By: _ (A //j Name: John S. Kelley, P.E. Title: Firm Principal/Project Manager CITY OF LUBBOCK 1 M i i 4Z I - Wall1 DOME. ATTEST: Reb cca Garza, City Secretary �C APPROVED AS TO CONTENT: �1 Thomas Adams, Deputy City Manager APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney In Resolution No. 2007-RO503 Exhibit A Scope of Services City of Lubbock Lake Alan Henry Pipeline Phase 2 Phase 1 of the project included a review of five alternate pipeline routes. The analysis included a desktop review, and Route A-1 was selected for the final route. Phase 2 of the project includes final alignment selection, preparation of easement documents, aerial photogrammetric survey (scope attached separately), topographic survey, and environmental permits. Phase 2 will include sufficient fieldwork to establish the final alignment on the ground, prepare detailed environmental field studies, easement descriptions, survey control, topographic survey and environmental studies needed to acquire permitting. Phase 2 also includes preparation of aerial map books and alignment strip maps, showing easements and property boundaries. Phase 2 also includes assistance to the Owner and Owner's Land Acquisition agent in evaluating reroute request or questions from landowners. Title and abstract work for preparation of easement documents will be provided by others. Route selection and easement documents for electric power lines will be provided by the electric utility companies. Scope of Work: Phase 2: Final Alignment: 1) General: Attend a coordination meeting to establish procedures for field work, easement documents, environmental studies, permitting assistance, mapping, title and abstract work, and assistance to Lubbock in easement acquisition. Attend monthly meetings to coordinate the work. 2) Public Meeting: Attend two public meetings with landowners along the route to present the route, describe the project, and answer landowner questions. 3) Project Status Reporting: Maintain an electronic log for each tract of land that shows the status of survey deed research and survey access permission as reported by others, survey boundary work, easement document preparation, title work, easement acquisition, and topographic survey. Update the log monthly, and provide monthly reports to the Owner. 4) Select Final Route: After access permission is acquired by Owner's Landman, the final alignment will be selected in the field. Final alignment will be selected to minimize construction and environmental conflicts and reduce construction cost. -10- 5) Preliminary Surveying Tasks a. Research and obtain mapping and previous surveys of property and survey lines along the proposed pipeline route. b. Obtain from others copies of current deeds and easements of property owners along the proposed pipeline route in order to prepare a working drawing of current owners within one half mile of proposed pipeline alignment. The drawing will show the deed lines, current ownership and a corresponding tract number as furnished by others. The electronic drawing file will be in a compatible format with the aerial maps for overlaying. c. Establish Primary Horizontal and Vertical control points near the proposed pipeline route at approximately five -mile intervals. The data for these points will be collected using static GPS method, with a minimum of four hours of data logging. The data will be submitted to National Geodetic Survey for an OPUS solution in NAD83 horizontal and NAVD88 vertical. d. Establish Secondary Horizontal and Vertical control points near the proposed pipeline route at approximately one -mile intervals. The data for these points will be collected using RTK method, with each point being located from two previously established primary control points. e. Locate and obtain XYZ on photo id points as furnished by others for control of aerial flight of pipeline route. f. Locate sufficient survey and property corners of affected landowners along the proposed pipeline route to develop a plat and legal description of the final pipeline easements, pump station sites and the treatment site. g. Stake preliminary pipeline centerline with steel t -posts at sufficient points and distances in order for all interested parties to view alignment. 6) Final Alignment Surveying Tasks a. Furnish topographical and boundary survey of three 5 acre pump stations and the 160 acre treatment site. A plat and field notes will accompany the topographical data. b. Furnish topographical, boundary and required stationing data at all railroad crossings and TxDOT highway crossings needed for permitting purposes. c. Locate underground utilities not identified from aerial photo and if possible, size, type and line ownership. These lines will be located by the surveyor from only visible objects such as vents, signs, valves, and other visible infrastructure. d. Obtain XYZ on underground utilities uncovered or marked by others. e. Obtain XYZ on existing control monument at Lake Alan Henry Dam. This project is to be in NAD83 and NAVD88 datum and current datum in use at the lake is NAD27 and NGVD29. f. Prepare right of way map of pipeline casement showing pipeline easement line, property lines, highway right of way lines, ownership names with tract numbers and other locative information. The digital right of way map will be compatible with all other digital files for this project. -11- g. Prepare easement documents, a legal description of easements to be obtained, and plat for each landowner that the pipeline or other project components crosses or impacts. h. After easement acquisition, and at the direction of the owner, approved monuments will be set for all acquired tracts and easements. i. Reroutes of pipeline, if needed, will be an additional service and fee. 7) Map Books: Prepare initial map books for Owner and landowner review and use, including mapping of the final route, including contour mapping, aerial mapping, and the property strip maps. Upon adjustment of the route, update the map books and provide hard and electronic copies of the mapping to Owner in GIS format. Additionally, provide five bound colored print copies of the mapping. 8) Crossing Permits: Prepare Railroad crossing permit applications, and submit the applications to the railroad authorities for approval. Assist Owner in acquiring crossing permits. Permit application fees will be paid by Owner. It is anticipated that all other road crossing permits will be obtained in subsequent phases. Engineer will make preliminary contact with TxDOT and County Road authorities to verify road crossing locations are suitable to road authorities. 9) Conceptual Layout of Facilities: Provide a conceptual layout of the lake and booster pump stations, water treatment plant, and related facilities needed for the final route. This conceptual layout will be needed to determine easement requirements and to provide technical information for environmental permit applications. 10) Environmental Studies: The scope outlined below assumes that there is no major opposition in the permitting process and that there are no unusual permitting problems. It is anticipated that no formal notification to the Corps of Engineers will be required, and the project will be permitted under the Nationwide 12 Permit Authorization. If opposition develops or permitting problems occur, the scope and fee limit will be revised and submitted to Owner for approval. The scope of work does not include studies, reports, permit applications, and other related activities for the power line easements, which will be provided by the power company. Work items anticipated for permitting under the Nationwide 12 Permit Authorization process include: a. Coordinate and monitor the efforts of a qualified archeologist to conduct a field survey of the canal route, pump station locations, and water treatment plant. b. Provide environmental field studies of the final route, to support the Corps of Engineers 404 Permit. Prior to making a field visit, obtain information fro the vicinity such as soils maps, National Weather Inventory maps, topographic maps, floodplain maps, and other readily available, pertinent data. This information will be evaluated to guide the field survey described below. A pedestrian survey of the Lake Alan Henry Pipeline route will be conducted to identify environmental issues. This investigation will include the following: • Identification of "waters of the U.S." as defined by U. S. Army Corps of Engineers' regulations. These waters of the U.S. are regulated by the USACE and require a permit for activities conducted within the jurisdictional boundaries. The presence of -12- jurisdictional water such as ephemeral, intermittent, or perennial streams; wetlands; or other open waters will be documented. • The presence of potential habitat for any federally listed threatened or endangered species will be determined. A technical memorandum will be prepared to include a description of field observations described above; an opinion of whether or not jurisdictional waters are present, and if so, the type(s) of waters; an estimate of the area of impact to waters of the U.S.; and a discussion of potential USACE 404 permit options. Five copies of the draft technical memorandum will be furnished to the Owner for review and comment. Five copies of the final technical memorandum will be furnished to the Owner. c. ENGINEER will provide assistance to Owner, as requested, to acquire the environmental permits. 11) Archaeology Study: After access permission is acquired by Owner's Landman, the study will consist of a pedestrian archeological survey of all areas to be impacted. This will be preceded by completion of an application for an Antiquities Permit from the Texas Historical Commission and a file search concerning previously recorded sites at the Texas Archeological Research Laboratory and using the Texas Historical Commission's Archeological Sites Atlas. The archeological survey will be done by a two -person crew and will involve examining the full length and width of the anticipated Area of Potential Effects to determine whether archeological remains are present. Because it is unknown whether thick Holocene deposits with the potential for deeply buried archeological sites are present in parts of the project are, trenching to look for such sites is not proposed at this time; if areas with thick deposits are identified in the pedestrian survey, recommendations for trenching will be made. Examination of the surface and existing exposures and shovel testing will be the primary site discovery techniques. The intensity of shovel testing will meet or exceed the requirements of the Texas Historical Commission's survey standards. Any archeological materials discovered will be recorded on State of Texas Archeological Site Data Forms for subsequent submittal in TexSite format to the Texas Archeological Research Laboratory_ Analysis of the information recovered and preparation of a report describing the work accomplished, the results, and recommendations concerning eligibility for State Archeological Landmark designation and listing in the National Register of Historic Places will be conducted following completion of the fieldwork. The report will meet the reporting requirements of the Texas Historical Commission. After receipt of any review comments, the report will be modified as necessary, and five copies of a draft report will be produced and furnished to the Owner for review and comment. Five copies of the final report will be furnished to the Owner. -13- 12) Study Report: ENGINEER will prepare and furnish the Owner five copies of a final study report, which will include the following: a. Description of the final pipeline route. b. Updated opinion of probable construction cost c. Description of applicable permits needed for the project d. Proposed project schedule e. Action items needed to continue the project Time of Completion Upon authorization to proceed, the time of completion for Phase 2 is seven (7) months. -14- Resolution No. 2007–RO503 EXHIBIT B PAYMENTS TO ENGINEER LUMP SUM METHOD Article II of this Agreement is amended and supplemented to include the following agreement of the parties: ARTICLE II -- PAYMENTS TO THE ENGINEER B4.01 For Basic Services Having A Determined Scope --Lump Sum Method of Payment A. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit A, Items 1-9, and 12 as follows: 1. A Lump Sum amount of $ 1,106,000 with sub -consultants and component tasks as follows: Freese & Nichols, Inc. Field Engineering of Pipeline Route $ 301,000 Black & Veatch, Inc. Water Treatment Plant $ 5,500 Hi -Tech Surveying Ground Control, Boundary Surveys $ 598,000 Williams -Stackhouse, Inc. Aerial Photogrammetry $ 125,000 2. The Lump Sum includes compensation for ENGINEER's services and services of ENGINEER's Consultants. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and expenses. 3. The portion of the Lump Sum amount billed for ENGINEER's services will be based upon ENGINEER's reasonable estimate of the proportion of the total services actually completed during the billing period to the Lump Sum. B4.02 For Basic Services Not Having a Determined Scope—Reimbursable Method of Payment A. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit A, Items 10 and 11, as follows: For reimbursable Consultants, on the basis of cost times a factor of 1.05, with estimated cost as follows: Environmental Studies $ 67,000 Archaeology Study $ 133,000 B4.03 For Authorized Additional Services --Standard Hourly Rates Method of Payment. A. OWNER shall pay ENGINEER for authorized additional services, if and as set forth in writing, from the City Manager, or his/her designee, such authority to designate the additional services being hereby delegated by the City Council, shall be billed and payable as follows: 1. For labor on an hourly rate basis in accordance with the attached schedule. 2. For reimbursable expenses, on the basis of cost times a factor of 1.10 . B. The hourly rate schedule will be adjusted each January 1st to reflect cost of living adjustments, limited to a maximum increase of 3 % per annum. -15- Client: City of Lubbock Project: Lake Alan Henry Water Supply — Phase 2 Agreement Date: Classification Hourly Rate PROFESSIONAL LEVEL VII Engineer VII Architect VIII Landscape Architect VIII PROFESSIONAL LEVEL VI Engineer VI Architect VII Landscape Architect VII PROFESSIONAL LEVEL V Engineer V Architect VI Landscape Architect VI PROFESSIONAL LEVEL IV Engineer IV Architect V Landscape Architect V PROFESSIONAL LEVEL III Engineer III Architect IV Interior Designer V Engineering Technologist IV Resident Project Representative IV Landscape Architect IV PROFESSIONAL LEVEL II Engineer I/11 Architect III Interior Designer IV Engineering Technologist III Resident Project Representative III Landscape Architect III Expenses Parkhill, Smith & Cooper, Inc. Hourly Rate Schedule Current through December 31, 2007 January 1, 2007 Classification Hourly Rate 151.00 PROFESSIONAL LEVEL 1 67.00 Intern (Architect) lilt Interior Designer III Intern (Interiors) 11 Engineering Technologist VII 128.00 Resident Project Representative 1111 CADD Manager V SUPPORT STAFF 111 64.00 Engineering Technician III/IV 114.00 CADD IV Administrative Secretary III SUPPORT STAFF II 59.00 Accounting Clerk 98.00 CADD Clerical Engineering Technician 1/11 Administrative Secretary I / 11 82.00 SUPPORT STAFF 1 33.00 Accounting Clerk Trainee CADD Trainee Clerical Trainee 74.00 Reimbursement for expenses, as listed below, incurred in connection with the services, will be at cost plus ten percent for items such as: 1. Maps, photographs, postage, toll telephone, reproductions, printing, equipment rental, and special supplies related to the services. 2. Consultants, soils engineers, surveyors, contractors, and other outside services. 3. Rented vehicles, local public transportation and taxis, travel, and subsistence. 4. Special orjob specific fees, insurance, permits, and licenses applicable to the work services. 5. Outside computer processing, computation, and proprietary programs purchased for the services. Rate for professional staff for legal proceedings or as expert witnesses will be a rate one and one-half times the Hourly Rates specified above. Excise and gross receipts taxes, if any, will be added as an expense. The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2007 through December 31, 2007. After December 31, 2007, invoices will reflect the Schedule of Charges currently in effect. C.%Documents and Scttingsljohn-k1l cal ScttingslTcmporwy Internet Files%OMMWAGE-2067-wdirecis.doc