HomeMy WebLinkAboutResolution - 2017-R0095 - Kimley-Horn And Associates - 03/09/2017Resolution No. 2017-R0095
Item No. 6.8
March 9, 2017
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 No. 13282 for
providing Construction Phase Services for the Erskine Street Widening Project, from Indiana
Avenue to Quaker Avenue, by and between the City of Lubbock and Kimley-Horn and
Associates, Inc., and related documents. Said Contract is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on March 9, 2017
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Secr a
OVED AS 'W CONTENT:
in, P.E., Director of Public Works
APPROVED AS TO FORM:
rAw�
el Leisure, Assistant City Attorney
ccdocs RES.Contract13282Kimley-Horn
2.17.17
Resolution No. 2017-R0095
PROFESSIONAL SERVICES CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
March This Professional Service Agreement ("Agreement") No. 13282, is entered into this 9th day of
2017, is by and between the City of Lubbock (the "City"), a Texas home rule municipal
corporation, and Kimley-Horn and Associates, Inc., a North Carolina corporation authorized to conduct
business in Texas (the "Engineer").
WITNESSETH
WHEREAS, the Engineer has a professional staff experienced and is qualified to provide
professional Engineer services related to Construction Phase Services for the Erskine Street Widening
Project, from Texas Tech Parkway/Quaker Avenue to Indiana Avenue (Activities), and will provide the
services, as defined below, for the price provided herein, said price stipulated by City and Engineer to be
a fair and reasonable price; and
WHEREAS, the City desires to contract with Engineer to provide professional services related to
the Activities desires to provide the Services related to same.
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in
this Contract, the City and Engineer hereby agree as follows:
ARTICLE I. TERM
The term of this Contract commences on the Effective Date and continues without interruption for
a term of eighteen (18) months. If the Engineer determines that additional time is required to complete the
Services, the City Engineer, may, but is not obligated to, in his discretion, execute an agreement to grant
up to an additional six (6) months of time so long as the amount of the consideration does not increase. An
amendment to this Agreement resulting in an increase in the amount of the consideration must be approved
by the City acting through its governing body.
Professional Services Agreement 2017
Erskine Street Widening Construction Phase Services
ARTICLE II. SERVICES AND COMPENSATION
A. Engineer shall conduct all activities and within such timeframes as set forth on Exhibit "A",
attached hereto (the "Services")
B. Engineer shall receive as consideration to be paid for the performance of the Services set forth
in Exhibit "B",
ARTICLE III. TERMINATION
A. General. City may terminate this Contract, for any reason or convenience, upon thirty (30) days
written notice to Engineer. 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.
B. Termination and Remedies. In the event Engineer breaches any term and/or provision of this
Contract, the City shall be entitled to exercise any right or remedy available to it by this Contract, at law,
equity, or otherwise, including without limitation, termination of this Contract and assertion of an action
for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent
or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative.
ARTICLE IV. NON - ARBITRATION
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising
its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive,
and may be exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this Agreement, this provision shall control.
ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. Engineer is a corporation duly organized, validly existing, and in good standing under
the laws of the State of North Carolina and is qualified to carry on its business in the State of Texas.
B. Corporate Power. Engineer has the corporate power to enter into and perform this Contract and
all other activities contemplated hereby.
Professional Services Agreement 2017 2
Erskine Street Widening Construction Phase Services
C. Authorization. Execution, delivery, and performance of this Contract and the activities
contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part
of Engineer. This Contract constitutes legal, valid, and binding obligations of the Engineer and is
enforceable in accordance with the terms thereof.
D. Engineer. Engineer maintains a professional staff and employs, as needed, other qualified
specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both
state and federal, including, without limitation the applicable laws, regarding the Activities contemplated
hereby.
E. Performance. Engineer will and shall conduct all activities contemplated by this Contract in
accordance with the standard of care, skill and diligence normally provided by a professional person in
performance of similar professional services, and comply with all applicable laws, rules, and regulations,
both state and federal, relating to professional services, as contemplated hereby.
F. Use of Copyrighted Material. Engineer warrants that any materials provided by Engineer for use
by City pursuant to this Contract shall not contain any proprietary material owned by any other party that
is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or
contractual obligation relating to the use or reproduction of materials. Engineer shall be solely responsible
for ensuring that any materials provided by Engineer pursuant to this Contract satisfy this requirement and
Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which
City is exposed on account of Engineer's failure to perform this duty.
ARTICLE VI. SCOPE OF WORK
Engineer shall accomplish the following: Professional Services related to the Services, as
provided in Exhibit "A", attached hereto and made a part hereof.
ARTICLE VII. INDEPENDENT CONTRACTOR STATUS
Engineer and City agree that Engineer shall perform the duties under this Contract as an
independent contractor and shall be considered as independent contractor under this Agreement and/or in
its activities hereunder for all purposes. Engineer has the sole discretion to determine the manner in which
the Services are to be performed. During the performance of the Services under this Agreement, Engineer
and Engineer's employees and/or sub -consultants, 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,
Professional Services Agreement 2017 3
Erskine Street Widening Construction Phase Services
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 VIII. INSURANCE
Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement,
except as otherwise provided herein, 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 tern of this Agreement, and shall cause each approved subcontractor or sub -consultant 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:
Commercial General Liability:
Per Occurrence Single Limit: $1,000,000
General Aggregate Limit: $2,000,000
Professional Liability:
Combined Single Limit: $1,000,000
Automobile Liability:
Combined Single Limit for any auto: $1,000,000 Per Occurrence
Employer's Liability:
Per Occurrence: $1,000,000
Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry,
during the term of this Agreement, the insurance coverage required of Engineer herein, including without
limitation, Professional Liability coverage, protecting City against losses caused by the professional
negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and
noncontributory 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.
Professional Services Agreement 2017 4
Erskine Street Widening Construction Phase Services
The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured
endorsement and waiver of subrogation attached to the policy shall 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. 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.
Notwithstanding anything contained herein to the contrary, the professional liability policy shall be
maintained at Engineer's sole cost and expense. The retroactive date shall be no later than the
commencement of the performance of this Contract and the discovery period (possibly through tail
coverage) shall be no less than 10 years after the completion of the Services provided for in this Contract.
The provisions of this Article VIII shall survive the termination or expiration of this Agreement.
ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS
Engineer may employ or retain consultants, contractors, or third parties (any of which are referred
to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit "A", attached
hereto, under this Contract, provided that City approves the retaining of Sub -consultants. Engineer is at all
times responsible to City to perform the Services as provided in this Agreement and Engineer is in no event
relieved of any obligation under this Contract upon retainage of any approved Sub -consultant. Any agent
and/or Sub -consultant retained and/or employed by Engineer shall be required by Engineer to carry, for the
protection and benefit of the City and Engineer and naming said third parties as additional insureds,
insurance as described above required to be carried by Engineer in this Contract.
Engineer represents that such services are either under applicable value thresholds or are otherwise
exempt from notice and/or bid requirements under Texas Law.
ARTICLE X. CONFIDENTIALITY
Engineer shall retain all information received from or concerning the City and the City's business
in strictest confidence and shall not reveal such information to third parties without prior written consent
of the City, unless otherwise required by law.
Professional Services Agreement 2017 5
Erskine Street Widening Construction Phase Services
ARTICLE XI. INDEMNITY
ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND
ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS,
ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE,
OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR
DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY
ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO
OR OCCASIONED BY, THE NEGLIGENT ACTS OF ENGINEER, ITS AGENTS, EMPLOYEES,
AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR
OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OR OCCUPATION OF CITY OWNED
PROPERTY, SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE
SECTION 271.904. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE
EXPIRATION OR TERMINATION OF THIS AGREEMENT.
ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS
Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules
and regulations relating, in any way, manner or form, to the activities under this Contract, and any
amendments thereto.
ARTICLE XIII. NOTICE
A. General. Whenever notice from Engineer to City or City to Engineer is required or permitted by
this Contract and no other method of notice is provided, such notice shall be given by (I) actual delivery of
the written notice to the other party by hand (in which case such notice shall be effective upon delivery);
(2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written
notice in the United States mail, properly addressed to the other party at the address provided in this article,
registered or certified mail, return receipt requested, in which case such notice shall be effective on the third
business day after such notice is so deposited.
Professional Services Agreement 2017 6
Erskine Street Widening Construction Phase Services
B. Engineer's Address. Engineer's address and numbers for the purposes of notice are:
Kimley-Horn and Associates, Inc.
Attn: Kerry Miller, P.E.
4411 98" Street
Suite 300
Lubbock, Texas 79424
Telephone: (806) 686-1086
Facsimile: (817) 335-5070
C. City's Address. The City's address and numbers for the purposes of notice are:
Michael G. Keenum, PE, CFM
City of Lubbock
P.O. Box 2000
1625 13th Street
Lubbock, Texas 79457
Telephone: (806) 775-2393
Facsimile: (806) 775-3074
D. Change of Address. Either party may change its address or numbers for purposes of notice by
giving written notice to the other party as provided herein, referring specifically to this Contract, and setting
forth such new address or numbers. The address or numbers shall become effective on the 15th day after
such notice is effective.
ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES
A. Provision of Data. City shall furnish Engineer non -confidential studies, reports and other
available data in the possession of the City pertinent to Engineer's Services, so long as City is entitled to
rely on such studies, reports and other data for the performance of Engineer's Services under this Contract
(the "Provided Data"). Engineer shall be entitled to use and rely, so long as such reliance is reasonable,
upon all such Provided Data.
Professional Services Agreement 2017 7
Erskine Street Widening Construction Phase Services
ARTICLE XV. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract
strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any
effect in construing this Contract.
B. Audit. Engineer shall provide access to its corporate books and records to the City. The City
may audit, at its expense and during normal business hours, Engineer's books and records with respect to
this Contract between Engineer and City.
C. Records. Engineer shall maintain records that are necessary to substantiate the services provided
by Engineer.
City.
D. Assignability. Engineer may not assign this Contract without the prior written approval of the
E. Successor and Assigns. This Contract binds and inures to the benefit of the City and Engineer,
and in the case of City, its respective successors, legal representatives, and assigns, and in the case of
Engineer, its permitted successors and assigns.
F. Construction and Venue.
THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF TEXAS. THIS CONTRACT IS PERFORMABLE IN LUBBOCK COUNTY,
TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND
EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF
THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL
PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT
ARE CONTEMPLATED HEREBY.
G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any
court of competent jurisdiction with respect to any person or circumstance, the remainder of this Contract
and the application of such provision to persons and/or circumstances other than those with respect to which
it is held invalid or ineffective shall not be affected thereby.
Professional Services Agreement 2017 E
Erskine Street Widening Construction Phase Services
H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be
binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract,
and duly authorized and executed by Engineer and City.
I. Entire Agreement. This Contract, including Exhibits "A" through `B" attached hereto, contains
the entire agreement between the City and Engineer, and there are no other written or oral promises,
conditions, warranties, or representations relating to or affecting the matters contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint
enterprise, partnership or principal — agent relationship between Engineer and the City.
K. Documents Owned by City. 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 Article II, above. The Engineer shall make copies of any and all work products
for its files.
L. Notice of Waiver. A waiver by either City or Engineer of a breach of this Agreement must be in
writing and duly authorized 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.
M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or
benefits whatsoever to any party other than City and Engineer.
N. Non -Appropriation. All funds for payment by the City under this Contract are subject to the
availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of
funds by the City Council of the City of Lubbock for the services provided under the Contract, the City will
terminate the Contract, without termination charge or other liability, on the last day of the then -current
fiscal year or when the appropriation made for the then -current year for the services covered by this Contract
is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not
appropriated for the continuance of this Contract, cancellation shall be accepted by the Engineer on thirty
(30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be
obligated under this Contract beyond the Non -Appropriation Date.
Professional Services Agreement 2017 9
Erskine Street Widening Construction Phase Services
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
Daniel M. Pope, MAY1111
Retie a Garza, City Secretai
APPROVED AS TO CONTENT:
Michael G. Keenum, PE, CFM, City Engineer
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
KIMLEY-HORN AND ASSOCIATES, INC.
Ro�Swind er`, senior Vice President
Professional Services Agreement 2017 10
Erskine Street Widening Construction Phase Services
Exhibit A — Scope of Services
Erskine Street Widening
From Texas Tech Parkway/Quaker Avenue to Indiana Avenue
Construction Phase Services
Engineer will provide construction phase services as specifically stated below:
Construction Phase Services:
Pre -Construction Public Meeting
Kimley-Horn will conduct one public meeting prior to construction to inform the neighborhood of the
upcoming project and to take public input.
• Kimley-Horn will schedule and attend one (1) meeting with the City and the Texas Department
of Transportation (TxDOT) for planning and scheduling a Public Meeting.
• Kimley-Horn will coordinate and reserve the meeting location which will be held at a public
facility within proximity to the project site, preferably a local school. The Client will be
responsible for any site rental fees.
• Kimley-Horn will prepare a meeting notice per state and federal requirements.
• Kimley-Horn will print and mail notices (via regular mail) to addresses within the project area at
least two weeks prior to the public meeting.
• Kimley-Horn will prepare and display meeting exhibits, sign -in sheets, handouts, and a Power
Point presentation. Displays, handouts, and the PowerPoint presentation will be provided to the
Client and TxDOT prior to the meeting for review and comment.
• Kimley-Horn will make a technical presentation and will assist the Client in facilitating the
Question and Answer segment of the public meeting.
• Kimley-Horn will take notes of questions and comments made by the public for use in
documenting the meeting. A verbatim transcript will not be taken of the public meeting.
Pre -Construction Environmental Issues
• Kimley-Horn will assist the Texas Department of Transportation with final environmental
clearance issues by providing clarification on previous reports prepared under a separate contract
or by making minor updates to previously prepared reports to comply with current standards.
Pre -Construction Utility Coordination
• Kimley-Horn will schedule, prepare for, attend and document one (1) Pre -Construction Meeting
with all franchise utility companies prior to the start of construction.
• Kimley-Horn will perform up to five (5) periodic Site Visits to observe construction and general
compliance with the franchise utility relocation assignments.
City of Lubbock — Erskine Street Widening Construction Phase Services Page I of
Exhibit A 1-25-2017
Bidding Phase
■ Consultant will respond to questions from bidders as requested from the Texas Department of
Transportation and will prepare addenda as needed.
Final Plan Revisions and Submittals
Kimley-Horn will make final revisions to the plans to incorporate City and State review comments prior
to bidding.
Pre -Construction Conference
Kimley-Horn will prepare for and attend one (1) Pre -Construction Conference prior to commencement of
Work at the Site. This Pre -Construction Conference will be scheduled and managed by the Texas
Department of Transportation.
Visits to Site and Observation of Construction. Engineer will provide the following services
throughout construction:
■ Review of Submittals and/or shop drawings;
■ Prepare requested changes to the construction contract documents during the construction phase;
■ Surveying for verification as needed.
Engineer. Engineer will make periodic visits to the project site at intervals as directed by Client to
observe the progress of the Work. Such visits and observations by Engineer are not intended to be
exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to
spot checking, selective measurement, and similar methods of general observation of the Work based on
Engineer's exercise of professional judgment. Based on information obtained during such visits and such
observations, Engineer will evaluate whether Contractor's work is generally proceeding in accordance
with the Contract Documents, and Engineer will keep Client informed of the general progress of the
Work.
1. Conferences and Meetings. Attend meetings with Contractor, such as progress meetings, job
conferences and other project -related meetings.
2. Liaison.
■ Serve as the Client's liaison with the Texas Department of Transportation, working
principally through the Client, and assist in providing information regarding the intent of the
Contract Documents.
Interpretation of Contract Documents. Report to Client when clarifications and interpretations of
the Contract Documents are needed and transmit to the Texas Department of Transportation
clarifications and interpretations.
4. Shop Drawings and Submittals
■ Maintain Shop Drawing and Submittal Record log.
■ Review Shop Drawings as requested by Client.
City of Lubbock — Erskine Street Widening Construction Phase Services Page 2 of4
Exhibit A 1-25-2017
Modifications. Consider and evaluate suggestions for modifications in Drawings or
Specifications as made by the Texas Department of Transportation or Contractor.
6. Completion
■ Participate in a Substantial Completion inspection, assist in the determination of Substantial
Completion and the preparation of lists of items to be completed or corrected.
■ Participate in a final inspection in the company of Client, Texas Department of
Transportation representative, and Contractor and prepare a final list of items to be
completed and deficiencies to be remedied.
■ Observe whether all items on the final list have been completed or corrected and make
recommendations to Engineer concerning acceptance and issuance of the Notice of
Acceptability of the Work.
Through such observations of Contractor's work in progress and field checks of materials and equipment,
Engineer shall endeavor to provide Client more confidence that the completed Work will conform in
general to the Contract Documents. However, Engineer shall not, during such visits or as a result of such
observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work,
nor shall Engineer have authority over or responsibility for the means, methods, techniques, equipment
choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety
precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with
laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly,
Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any
Contractor's failure to furnish and perform its work in accordance with the Contract Documents.
Clarifications and Interpretations. Engineer will respond to reasonable and appropriate Contractor
requests for information and issue necessary clarifications and interpretations of the Contract Documents
to Client as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations
from the Contract Documents will be made by Client.
Change Orders. Engineer may recommend Change Orders to Client that are requested by the Texas
Department of Transportation, and will review and make recommendations related to Change Orders
submitted or proposed by the Texas Department of Transportation.
Shop Drawings and Submittals. Engineer will review and approve or take other appropriate action in
respect to Shop Drawings and Submittals and other data which Contractor is required to submit, but only
for conformance with the information given in the Contract Documents. Such review and approvals or
other action will not extend to means, methods, techniques, equipment choice and usage, sequences,
schedules, or procedures of construction or to related safety precautions and programs.
Substitutes and "or -equal." Evaluate and determine the acceptability of substitute or "or -equal"
materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject
to the provisions of applicable standards of state or local government entities.
City of Lubbock — Erskine Street Widening Construction Phase Services Page 3 of 4
Exhibit A 1-25-2017
Substantial Completion. Engineer will, promptly after notice from Contractor that it considers the
entire Work ready for its intended use, in company with Client and Contractor, conduct a site visit to
determine if the Work is substantially complete. Work will be considered substantially complete
following satisfactory completion of all items except for those identified on a final punch list. If after
considering any objections of Client, Engineer considers the Work substantially complete, Engineer will
notify Client.
Final Notice of Acceptability of the Work. Engineer will conduct a final site visit to determine if the
completed Work of Contractor is generally in accordance with the Contract Documents and the final
punch list so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the
recommendation for final payment, Engineer shall also provide a notice that the Work is generally in
accordance with the Contract Documents to the best of Engineer's knowledge, information, and belief
based on the extent of its services and based upon information provided to Engineer upon which it is
entitled to rely.
Limitation of Responsibilities. Engineer shall not be responsible for the acts or omissions of any
Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or
furnishing the Work. Engineer shall not have the authority or responsibility to stop the work of any
Contractor.
Closeout (Record Drawings). Prepare project "Record Drawings" based on information provided by the
Contractor as to the actual field placement of the work including any changes or deletions. Engineer is
not responsible for the accuracy of the information provided by others. Engineer will provide the
following deliverables:
■ One (1) 11 "x 17" set of black line Record Drawings
■ One (1) set of .PDF file Record Drawings
City of Lubbock — Erskine Street Widening Construction Phase Services Page 4 of 4
Exhibit A 1-25-2017
Kimleyl Horn
Project Workplan Budget
Client:
City of Lubbock, TX
Project:
Erskine Street CPS
KHA No.
PM:
Kerry Miller, P.E.
Exhibit B
Date: Jan 25, 2017
BudgetTask
00
Task 888
No.
Task Name
Hours
Labor
Expenses
Allocation
Subtotal
510
Startup
332
$ 57,800
$ 500
$ 3,500
$ 61,800
520
Construction (10 months)
400
$ 73,000
$ 4,400
$ 77,400
530
Closeout
80
$ 13,700
$ 700
$ 900
$ 15,300
777
Contingency$
-
TOTALS:
812
$ 144,500
1 $ 1,200
1 $ 8,800
$ 154,500
Subconsultant
Task No.
Summary
Task Name Cost Multiplier Subtotal
710
Cox McLain Environmental Consulting
$ 8,000
$ 50,000
1.05
1.05
$ _ 8,400
$ 52,500
720
Hugo Reed & Associates
TOTALS:I
$ 58,000
$ 60,900
Labor: $ 144,500
Expenses: $ 70,900
TOTAL: $ 215,400
Page 1 of 4
Kimley o Horn
Project Workplan Budget
Exhibit B
Date; January 25, 2017
Client: City of Lubbock, TX
Labor:
$ 57,800 Number:
Project: Erskine Street CPS
Expenses:
$ 500 Name:
KHA No.
Allocation:
$ 3,500 Task Mgr:
PM. Kerry Miller, P.E.
TOTAL:
61,800
510
Startup
Kerry Miller
Task scrip ions:
(Hm)
Xpenses717
Pre -Con Public Meeting
2
2
Meeting to plan for public meeting
Write & mail notices/prepare handouts
2
6
4
12
$ 200
Prepare PowerPoint Presentation
4
4
Coordinate and schedule facility
2
2
4
Set up and Conduct Public Meeting
6
4
4
4
1
18
$ 200_
Document Q&A session
Pre -Con Environmental Issues
2
2
2
6
Coordinate with TOOT and CMEC
4
4
Pre -Con Utility Coordination
Schedule and prepare for meeting
2
2
2
6
Conduct meeting
2
21
1
4
Bid Phase
_
Respond to questions and prepare addenda
8
10
4
22
Prepare for and attend Pre -Con Mtg
6
2
8
_
Final Plan Revisions and Submittals
20
80
80
40
220
General QC/PM
21
4
2
2
10
Project Accounting
41
1
1
4
Project Administrative Support
4
4
1
8
Subtotals:ll 61 64 100 981 441 6 12 a332
400
Effort: $ 1,470 1 $ 15,040 1 $ 18,500 1 $ 14,210 1 $ 5,940 1 $ 1,320 1 $ 1,260 1 1 1 1 1 5711 $ 500
Page 2 of 4
Kimley * Horn
Project Workplan Budget
■na��arisain►�y®iuc.�tur.��t•��
Client:
City of Lubbock, TX
Project:
Erskine Street CPS
KHA No:
PM:
Kerry Miller, P.E.
Labor: $ 73,000
Expenses: $ -
Allocation: $ 4,400
TOTAL: 77,400
\Q�
c,`�\ h��, • o`Qc�\r�1
W":C11
;r r r
Exhibit B
Date: January 25, 2017
• •
Number: 620
NameConstruction (10 months)
Task Mgr: Rey Carrasco
' -
�aZ��a�����J•�°���iL•����Illlllll�lllllll�
11
-Hours per Month for-12 Months:
Attend Monthly Progress Meetings
.Respond to RFI's
,Shop Drawing/Submittal Review
Change Orders
-testing
&i Survey Sub coordination
General QC/PM
Project Accounting
Project Administrative Support
4,9001 $ 23,500 1 $ 29,600 1 $ - 1 $ - 1 $ 6,600 1 $ 8,400
Page 3 of 4
Kimley>>)Horn
Project Workplan Budget
Exhibit B
Date: January 25, 2017
Client: City of Lubbock, TX Labor: $ 13,700 Number 530
Project: Erskine Street CPS Expenses: $ 700 Name: Closeout
KHA No: Allocation: $ 900 Task Mgr: Rey Carrasco
PM: Kerry Miller, P.E. TOTAL: 15,300
Task Description . Budgeting -
Nv
\Ol may! �� gh\ \6s l� \0 O�� �l 04�S do
I�>���������������IIIIIIII�IIIIIIII�IIIIIII�
III
Prepare for and.
Prepare for and.
Record—Drawings —Re%Aew and Prep
General QC/PM
Project Accounting - closeDut
Project Administrative Support - closeout
Su ...
:,
..,
Effort:1 $ 490 1 $ 3,760 1 $ 4,440 i $ 1 $ 3,2401 $ 660 i $ 1,050
13.61 $ 700
Page 4 of 4
Exhibit B
Kimley)))Horn Current Hourly Rate Schedule
Current Hourly Rate Schedule
Classification
Category Description
Hourly
Rate
131
Professional
$100
B2
Professional
$110
B3
Professional
$120
B4
Professional
$150
B5
Senior Professional - Accounting
$165
D7
Senior Technical Support
$165
D8
Senior Technical Support
$175
N3
Support Staff
$80
N4
Support Staff
$95
N5
Support Staff
$100
N6
Support Staff — Clerical/Administrative
$105
P
Professional —Analyst (Grad. Engineer/Planner)
$125
P1
Professional —Analyst (EIT/Planner 1)
$135
P2
Professional —Analyst (EIT/ Planner 11)
$145
P3
Professional —Analyst (EIT/Planner III)
$155
P4
Professional — PE
$175
P5
Senior Professional — Senior PE/Project Manager 1
$185
P6
Senior Professional — Senior PE/Project Manager 11
$215
P7
Senior Professional — Senior PE/Project Manager 111
$235
P8
Principal
$245
T1
Technical Support— Engineering Intern
$80
X5
Professional — Non-degreed Professional
$115
X7
Professional — Non-degreed Professional
$150
The rates listed above are applicable for up to 24 months after the date of execution of
this Agreement for Erskine Street Construction - Construction Phase Services — between
Texas Tech Parkway/Quaker Avenue and Indiana Avenue.
CERTIFICATE OF INTERESTED PARTIES
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos.1,2, 3, 5,and 6 if there are no interested parties.
1 Name of business entity filing form,and the city,state and country of the business entity's place
of business.
Kimley-Horn and Associates,Inc.
Dallas,TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
FORM 1295
lof 1
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2017-162563
Date Filed:
02/06/2017
Bate-Acknowledged:
.'-02/22/2017
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
13282
Erskine Street Widening Construction Phase Services -From Texas Tech Parkway/Quaker Avenue to Indiana Avenue
Name of Interested Party
Atz,John
Peed,Brooks
Schiller,Mike
Wilson,Mark
5 Check only if there is NO Interested Party.
City,State,Country (place of business)
Dallas,TX United States
Dallas,TX United States
Dallas,TX United States
Dallas,TX United States
Nature of interest
(check applicable)
Controlling Intermediary
X
6 AFFIDAVIT I swear,or affirm,under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP /SEAL ABOVE
Sworn to and subscribed before me, by the said
20 , to certify which,witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us
this the day of _
Title of officer administering oath
Version VI.0.277
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loll
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 it there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2017-162563
Kimley-Horn and Associates, Inc.
Dallas, TX United States
Date Filed:
02/06/2017
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify
the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
13282
Erskine Street Widening Construction Phase Services — From Texas Tech Parkway/Quaker Avenue to Indiana Avenue
4
Nature of interest
Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
I Intermediary
Atz, John
Dallas, TX United States
X
Peed, Brooks
Dallas, TX United States
X
Schiller, Mike
Dallas, TX United States
X
Wilson, Mark
Dallas, TX United States
X
5 Check only if there is NO Interested Party.
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
LINDSAY HARTMAN
Notary Public, State of Texas
j +�Z Comm. Expires 02.26-2020
`��'
Notary ID 130557501 � •,;-�.�-
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
!
Swornand subscribed before me, by the said �� dnctUW00C1 , this the �Dth day of �V -A
�lto
20 i to certify which, witness my hand and seal of office.
Signat 61of-officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.tis Version V1.0.277