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HomeMy WebLinkAboutResolution - 2005-R0588 - Agreement - Parkhill Smith & Cooper Inc.- Engineering Services - 12/15/2005Resolution No. 2005-RO588 December 15, 2005 Item No. 6.15 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 for engineering services by and between the City of Lubbock and Parkhill, Smith & Cooper, 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. .,-;7 Passed by the City Council this 15th day of December/ Z 2005. McDOUGAL, MAYOR ATTEST: Reb cca Garza, City Secretary APPROVED AS CONTENT: ./4-1 Chester CartheI, F.E., Chief Engineer APPROVED AS TO FORM: (5 fhy L. S sista ey ml/ccdocslPSC.res December 7, 2005 e a Resolution No. 2005-RO588 December 15, 2005 Item No. 6.15 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is entered into this _i Sth day of December , 2005, by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Parkhill, Smith & Cooper, Inc. (the "Engineer"), a professional services company. kill I IN OMMI :l WHEREAS, Engineer has skill and experience in the evaluation of stormwater discharge quantities (the "Plan"); WHEREAS, the City desires to contract with Engineer to perform services related to preparation of the Plan 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"). The Services shall be performed within the time frames for each phase as set forth in Section 2.01, below. 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 basis by phase, as individually authorized. The lump sum amounts due and payable to Engineer shall be: Phase 5 as contemplated to be added by contract amendment Phase 6 Not to exceed $50,000 at an hourly rate basis (hourly rate schedule attached) as specifically authorized in writing by City. The amounts shall be invoiced to the City upon submittal of the various phases of work to the City and shall be payable by the City within thirty (30) days of receipt of same. 2.02 This Agreement shall expire on Additionally, 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 Engineer 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 -2- Fee Time for Completion after Authorization Phase 1 $ 7,470 3 weeks Phase 2 $ 12,500 5 weeks Phase 3 $ 96,240 16 weeks Phase 4 $ 66,035 12 weeks Phase 5 as contemplated to be added by contract amendment Phase 6 Not to exceed $50,000 at an hourly rate basis (hourly rate schedule attached) as specifically authorized in writing by City. The amounts shall be invoiced to the City upon submittal of the various phases of work to the City and shall be payable by the City within thirty (30) days of receipt of same. 2.02 This Agreement shall expire on Additionally, 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 Engineer 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 -2- shall be so performed. Further, Engineer is and shall be considered at all times an independent Engineer under this Agreement and/or in its service, hereunder. During the performance of the Services under this Agreement, Engineer and Engineer's employees will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, industrial acts, labor, personal injury or taxes of any kind. ARTICLE N 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 delivered to the City, exercise any right or remedy available to it by law, contract, equity or otherwise. b. En ineer'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 delivered to Engineer, exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, 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. Engineer shall obtain and maintain in full force and effect during the term of this Agreement, commercial general 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 AND or better. The policies will be written on an occurrence basis, subject to the foliowing minimum limits of liability: Professional Liability: Combined Single .Limit: General Liability: Combined Single Limit: Automobile Liability: Combined Single Limit for any auto: $500,000 Per Claim $500,000 Per Occurrence $500,000 Per Occurrence The City shall be listed as a primary additional insured with respect to the General Liability and Automobile Liability and shall be granted a waiver of subrogation under the policies. Engineer will provide a Certificate of Insurance to the City as evidence of coverage on or before three (3) days after the City executes this Agreement. The Certificate will provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the -4- policy will be included in the certificate, or the policy shall provide for automatic additional insured status and waiver of subrogation if required by contract. Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. If at any time during the life of the Agreement or any extension hereof, Engineer fails to maintain the required insurance in full force and effect, Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Engineer shall indemnify and hold City and City's elected officials, officers, agents, employees and independent Engineers 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, arising from, or related to Engineer's use or occupation of City owned lands, and/or to the extent of Engineer's negligent activities, performances, operations or omissions under 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: Chester Carthel, Water Planning Engineer City of Lubbock P.Q. Box 2000 Lubbock, Texas 79457 Facsimile: 806-775-2051 For Engineer: C. Clayton Yeager, P.E. President Parkhill, Smith & Cooper, Inc. 4222 85h Street Lubbock, TX 79366 Facsimile: 806-473-3500 -6- 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 of 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. lire 6.07 Any and all documents (other than for the design of any facility or building) 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 shall be in writing. 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 City will provide all criteria and information pertaining to the Services in City's possession, and any requirements or budgetary limitations. The City agrees to bear full responsibility for the technical accuracy and content of City -furnished documents, information and services that are prepared by the City. 6.12 None of the documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Engineer pursuant to this Agreement, are intended or represented to be suitable for reuse by City or others on extensions of the Services or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Engineer. -8- 6.13 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. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. ATTEST: e ecca Garza, City Secretary APPROilED TO CONTE Chester Carthel Water Planning Engineer Engineer: PARKHILL, SMITH COOPER, INC. By: ..vL Name: C. Clayton Yeager, P.E. Title: President -9- APPROVED AS TO FORM: C RJ�W'sistarit FCity Att ey -1 Q- EXHIBIT A PSC SCOPE OF WORK OUTLINE DEVELOPED WATER PERMITTING CITY OF LUBBOCK December 8, 2005 Phase 1: Delineate Contributing vs. Non -Contributing Watersheds. • Define contributing watersheds within the hydrologic limits that contribute flow directly (pre human intervention) to the N. Fork of the Double Mountain Fork of the Brazos River (NFDMF). Define non-contributing watersheds within the hydrologic limits that contribute flow to the NFDMF either due to playa overflow or due to the intervention of humans. • Results will be geographic boundaries and surface areas of the two watershed areas. Generally available USGS maps will be used for delineation purposes. • Deliverables: USGS or other map(s) with applicable watershed boundaries depicted thereon according to the definition of contributing versus non- contributing. This may be revised or modified upon mutual consent of the Engineer and Owner's Representative in response to regulatory agency interrogatories and requests for information. Such regulatory agency responses can not be predicted. Phase 2: Delineate Connected and Disconnected Watersheds. • Connected watersheds are a subcategory of non-contributing watersheds and include areas that only contribute water to the NFDMF through structural modifications (pipelines, drainage channels, and like items) • Disconnected watersheds are a subcategory of non-contributing watersheds that include areas that have no structural man-made means of contributing water to the NFDMF. Basically, these are playa lakes that are independent and only contribute flow to the NFDMF when they overflow. • Results will be geographic boundaries and surface areas of the individual connected and disconnected watershed areas. Generally available USGS maps will be used for delineation purposes. CADocuments and SettingsUGHN-K\Local Settings\Temporary lntema Files\OLK&EATSC SOW Oudine v] O.doc • Deliverables: USGS or other map(s) with watershed boundaries depicted thereon according to the definition of connected and disconnected watersheds. This may be revised or modified upon mutual consent of the Engineer and Owner's Representative in response to regulatory agency interrogatories and requests for information. Such regulatory agency responses can not be predicted. Phase 3: Calculate Run Off Volumes for Contributing and Connected Watersheds. • This phase of work would identify general characteristics, including the surface area and runoff coefficients for these two watershed categories. General characteristics will be defined as well (number and area of playa lakes, hydraulic gradients, etc.). • Calculate volume of water that reaches the NFDMF for the 2, 5, 10, 25, 50 and 100 -year 24-hour storm events for the contributing and connected watersheds. o Contributing watersheds are those that would flow water directly to the NFDMF before human intervention. • Deliverables: Delineation of watershed subareas on USGS or other map(s), report data containing results for runoff coefficients used, and runoff summary tables applicable to contributing and connected watersheds. This may be revised or modified upon mutual consent of the Engineer and Owner's Representative in response to regulatory agency interrogatories and requests for information. Such regulatory agency responses can not be predicted. Phase 4: Calculate Run Off Volumes for Disconnected Watersheds. • This phase of work would identify general characteristics, including the surface area and runoff coefficients for the disconnected watersheds. General characteristics will be defined as well (number and area of playa lakes, hydraulic gradients, etc.). • Calculate volume of water that reaches the NFDMF for the 2, 5, 10, 25, 50 and 100 -year 24-hour storm events for the disconnected watersheds. • Deliverables: Delineation of watershed subareas on USGS or other map(s), report data containing results for runoff coefficients used, and runoff summary tables applicable to disconnected watersheds. This may be revised or modified upon mutual consent of the Engineer and Owner's Representative in response to regulatory agency interrogatories and requests for information. Such regulatory agency responses can not be predicted. CADocuments and SettingsVOLLN-K1Local SettingskTernporary Internet Files\OLK8EA\PSC SOW Outline v I ©.doc Phase 5: Calculate Peak Flores for All Watersheds. • Calculate peak flows for contributing and noncontributing (both connected and disconnected) watersheds for 2, 5, 10, 25, 50, and 100 -year 24-hour storm events. Deliverables: Delineation of watershed subareas on USGS or other map(s), report data containing results for runoff coefficients used, peak discharge summary tables, computer modeling summary tables for all watersheds studied. This may be revised or modified upon mutual consent of the Engineer and Owner's Representative in response to regulatory agency interrogatories and requests for information. Such regulatory agency responses can not be predicted. Phase b: Other work as needed. • This is essentially additional work paid for on an hourly basis. C:IDocuments and SettingsUGHN-KlLocal SettingsU mporary Intemet Files\OLK8EAIPSC SOW Outline v1 O.doc