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HomeMy WebLinkAboutResolution - 2017-R0287 - HDR Engineering - 08/24/2017Resolution No.2017-R0287 Item No.6.11 August 24,2017 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,an Agreement for a Professional Service Contract related to the Activities to provide the Services related to same, by and between the City of Lubbock and HDR Engineering,Inc., and related documents.Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed bytheCity Council on August 24.2017 . DANIEL M.POPE,MAYOR ATTEST: eJU.^*-<, Rebecca Garza,City Secreta TENT: in,P.E.,Director of Public Works APPROVED AS TO FORM: Kelli Leisure,Assistant City Attorney RES.PS-Contract-HDREngineeringJnc. 08.07.17 Resolution No. 2017-RO287 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 13408 is entered into this 24th day of August , 2017, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and HDR Engineering, Inc., (the" Engineer"), a Nebraska corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for Asset Management, to include a needs assessment, an implementation plan, benchmarking, and define criteria for an Asset management system (the "Activities"); and WHEREAS, Engineer has a professional staff experienced and is qualified to provide professional Engineer services related to 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 24 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 or her 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. Page 1 of 10 ARTICLE IL 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, in an amount not to exceed $199,950, as 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 Texas 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. Page 2 of 10 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, Page 3 of 10 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 term of this Agreement, and shall cause each approved subcontractor or sub -consultant of Engineer t 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 Per Claim Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $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. Page 4 of 10 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 Page 5 of 10 of the City, unless otherwise required by law. It is hereby agreed that the following information is not considered to be confidential under this Agreement: a) Information already in the public domain; b) Information disclosed to Engineer by a third party who is not under a confidentiality obligation; c) Information developed by or in the custody of Engineer related to work with clients before entering into this Agreement; and d) Information developed by Engineer through its work with other clients 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 REASONABLE 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. 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 XIH. 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 (1) actual delivery of the written notice to the other party by hand (in which case such notice shall Page 6 of 10 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. B. Engineer's Address. Engineer's address and numbers for the purposes of notice are: HDR Engineering, Inc. Bill Lloyd 4401 West Gate Blvd., Suite 400 Austin, TX 78745 Telephone: 210-260-2891 Facsimile: 512-912-5158 C. City's Address. The City's address and numbers for the purposes of notice are: Michael G. Keenum, P.E. City of Lubbock P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: 806-775-2393 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. Page 7 of 10 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. D. Assignability. Neither party may assign this Contract without the prior written approval of the other party. 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. Page 8 of 10 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, with the exception of those standard details and specifications regularly used by the Engineer in its normal course of business, shall become the property of the City when Engineer has been compensated as set forth in Article H, above. The Engineer shall make copies of any and all work products for its files. Any reuse or modification to such documents for purposes other than those intended by Engineer herein shall be at City's sole risk and without liability to the Engineer. 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. Page 9 of 10 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK Daniel M: Pope, MAYOR Reb ca Garza, City Secretary APPROVED AS TO CONTENT: AS-6�4 Z' &4-4�� Michael G. Keenum, P.E., City Engineer APPROVED AS TO FORM: elli Leisure, Assistant City Attorney Firm HDR Engineering, Inc. BAIJ. z, S for 'ce President Page 10 of 10 Exhibit A Professional Consulting Services for Asset Management Scope of Services This scope of services describes the work to be performed by the ENGINEER in developing an asset management implementation plan and specifying, selecting, and implementing an enterprise asset management ("EAM") system to be used in maintaining the City's public works infrastructure. PHASE 1: ASSET MANAGEMENT NEEDS ASSESSMENT AND PLANNING Task 1.1— Project Initiation Activities The ENGINEER will facilitate a Project Initiation Workshop at which participating City staff will receive training on asset management best practices and will participate in defining the City's Asset Management Vision. The ENGINEER will recommend appropriate staff positions to participate and the City will identify specific staff to attend the training. The training material will be designed to facilitate staff's participation in this project and build support for the resulting plans. The Asset Management Vision will be designed to guide the City's future asset management priorities and practices. This workshop will last up to 4 hours. The ENGINEER will also submit a Request for Background Information. In addition, the ENGINEER'S Project Manager will meet with the City's Project Manager to coordinate schedules and finalize the Project Management Plan. Task 1.2 — Asset Management Business Needs Assessment The ENGINEER will conduct up to 12 workshops, interviews, and high-level business process analyses to assess the City's current asset management practices and objectives. Participants will include stakeholders representing Public Works Engineering, Public Works Operations, Water Utility, Parks, Facilities, GIS, Information Technology, and Finance. These meetings will be designed to identify opportunities to improve asset management processes, planning, data management, and operational activities. Task 1.3 — Evaluation of Current Asset Management Technology Resources The ENGINEER will gather data regarding the City's existing information technology resources, including applications, data, integrations, hardware, networks, system software, staff, and training, which support the City's infrastructure asset management activities. This assessment will consider the extent to which users' technology needs are currently being fulfilled, along with requirements for applying technology in the future to serve the City's asset management business objectives. Task 1.4 — Define Asset Management Technology Improvement Strategy The ENGINEER will compile an EAM System Procurement Scope, which documents the business functions, technical scope, and vendor -provided professional services that will be included (and excluded) from the EAM system acquisition. Task 1.5 — Develop Asset Management Implementation Plan The ENGINEER will analyze the findings of prior Tasks to identify opportunities for improvement — or "gaps" — in asset management processes, practices, and information technology support. An Asset Management Implementation Plan will be developed that addresses opportunities for improving data, applications, integration, and other technology resources; business processes; asset management practices; and/or operational procedures. This plan will include a recommended schedule and an opinion of implementation cost for each recommendation. Using the Implementation Plan timeline, these opinions of cost will be compiled by City Fiscal Year. A budgetary opinion of cost for implementing a new EAM system will also be provided. The City's project team will review the preliminary Asset Management Implementation Plan and EAM System Procurement Scope, and provide comments to the ENGINEER. The final Asset Management Implementation Plan and EAM System Procurement Scope will incorporate responses to the City's comments and suggestions. The ENGINEER will make one presentation of the Phase 1 recommendations to City Management and stakeholders. PHASE 2: IMPLEMENT ENTERPRISE ASSET MANAGEMENT SYSTEM Task 2.1— Benchmark Asset Management Software and Practices ENGINEER will compare City's existing asset management information technology resources — compiled during Task 1.3 above — and practices with those of five comparable Cities. ENGINEER will contact the surveyed Cities by telephone to gather the desired information. A benchmark questionnaire will be designed to answer management and policy -level questions such as: What asset management actions and investments are similar cities making? What benefits are these cities receiving? A Technical Memorandum summarizing findings from the benchmark survey will be delivered to the City. Task 2.2 — Define Enterprise Asset Management (EAM) System Requirements and Selection Criteria The ENGINEER will compile business, system, and transition requirements of sufficient detail to support a competitive public procurement for obtaining an asset management system for the City. The resulting requirements for the major business elements in an EAM system (e.g., service requests, work orders, inspections, inventory, asset registry, reporting, etc.) will be suitable for incorporation into the City's standard templates to produce a High Tech Request for Proposal (RFP). The ENGINEER will work with the City's information technology professionals to specify system requirements and standards including supported hardware and system software. The ENGINEER will also support the City in finalizing the selection criteria and their weighting, and will recommend a selection process schedule for inclusion in the RFP. ENGINEER will provide a mailing list of EAM software vendors that could potentially meet the City's asset management system needs. It is the responsibility of the vendors to demonstrate their ability to meet the requirements of the RFP. ENGINEER will also provide forms and instructions for potential inclusion in the RFP to promote consistent responses and simplify comparison of the responses. Task 2.3 — EAM System Selection The ENGINEER will provide technical support during the EAM proposal evaluation and selection process. The anticipated support activities include the following: Supporting the City's project manager and purchasing professionals in releasing the EAM system RFP and responding to vendor questions • Facilitating the City's evaluation of proposals, including o Compiling quantitative results from proposal functionality questionnaires o Compiling proposal cost data o Advising the City on technical aspects of the proposals o Identifying exceptions, "red flags," and needed clarifications o Attending scripted demonstrations of short-listed software systems o Performing telephone reference checks of finalist vendors • Making recommendations when desired by the City • Supporting the City's legal and IT professionals in incorporating key vendor assurances into the resulting contract. Task 2.4 — EAM System Implementation Support [NOT INCLUDED AT THIS TIME] During implementation of the EAM system, the ENGINEER will perform "Owner's Agent" activities, including coordination among stakeholders and observing system acceptance testing. The City may contract with the ENGINEER to supplement any implementation services provided by the software provider, including the following additional professional services: • Business process design to utilize the new EAM's capabilities in support of the City's desired asset management activities • Configuration planning and design around the City's EAM requirements and desired business processes • Business process training and deployment • Supporting the preparation of the City's asset data for migration into the new EAM • Post -implementation support, including refinement of configuration decisions and optimization of business processes PHASE 3: PROJECT MANAGEMENT The ENGINEER will regularly communicate with the City's Project Manager and project team members on a formal and informal basis. This will begin with the distribution of a Project Management Plan during Task 1.1. This document will contain the project scope, list of project contacts, budget and schedule information, deliverables, and references to City of Lubbock guidelines. The Project Management Plan will be updated as needed throughout the project. The ENGINEER will also provide written monthly progress reports and monthly status meetings. The status meetings will be conducted on -site or by telephone conference. The City's Project Manager will act as a contact point to organize meetings and workshops, to oversee review activities, and to arrange review sessions with the City's project team and other participants. ASSUMPTIONS This scope of services reflects these assumptions: • The City will establish a project team for reviewing deliverables and prioritizing requirements. • The City will select workshop and interview participants and confirm their availability for these activities. • The City's Project Manager will act as a contact point to organize meetings and workshops and to oversee review activities with the City's project team and other project participants. • The City IT staff will be actively involved with the project and participate in key meetings. SCHEDULE HDR will complete all tasks through Task 2.3 within 28 weeks of a notice to proceed. Exhibit B Professional Consulting Services for Asset Management Budget & Fees Budget Schedule The City and ENGINEER have established a not -to -exceed fee of $199,950 to complete all services under this Contract, as shown below by major task. This amount will not be exceeded without a contract amendment. As estimated fees for each task are estimates only, the City and ENGINEER agree to allow redistribution of funds between Tasks as appropriate to allow flexibility in providing the needed services with the not -to -exceed fee. Fees will be billed as total salary costs times a multiplier of 2.191 plus direct expenses. Salary costs are defined as direct labor rates plus fringe benefits. ENGINEER agrees to complete these services as delineated above. Should a change in Scope of Services or Time of Performance be necessary, an amendment to this contract shall be negotiated at that time. The following table summarizes the fee estimated to be required to complete the above scope of work. Task Task Description Estimated Fee 1.1 Project Initiation Activities $12,935 1.2 1.3 Asset Management Business Needs Assessment Evaluation of Current Asset Management Technology Resources $20,384 $13 534 1.4 Define Asset Management Technology Improvement Strategy 9 9Y P 9Y $13,038 1.5 Develop Asset Management Implementation Plan $29,968 2.1 Benchmark Asset Management Software & Practices $10,160 2.2 Define Enterprise Asset Management (EAM) System Requirements & Selection Criteria $26,868 2.3 EAM System Selection $42,186 3.0 Project Management $30,877 Total Estimated Fee $199,950 Breakdown of Labor Hours Dunn Lloyd Flores Walls Manville Crumb Dillard Atkinson Task Task Project 1 Project 1 Asset Mgmt Software Selection Software Selection Project Asset Mgmt Asset Data Project Total Total # Description Principal Manager Planning& Im I & Imp[ Advisor PlanningEvaluation Controller Hours Fee 1.1 Project Initiation Activities 2 22 11 3 2 4 44 $12,935 Asset 12 Management Business Needs 24 24 16 64 $20,384 Assessment Evaluation of Current Asset 1.3 Management 8 24 16 48 $13,534 Technology Resources Define Asset Management 1.4 Technology 2 16 8 6 16 48 $13,038 Improvement Strategy Develop Asset 15 Management Implementation 11 16 40 8 4 4 8 6 8 105 $29,968 Plan Benchmark Asset 2.1 Management 3 16 24 43 $10,160 Software & Practices Define Enterprise Asset 2.2 Management (EAM) System 32 32 16 16 96 $26,868 Requirements & Selection Criteria 8 8 88 104 24 16 8 8 152 112 $42,186 $30,877 2.3 EAM System Selection 3.0 Project Management Total 34 326 75 99 66 14 24 54 20 712 $199,950 Hourly Rate Schedule Rates for January 1, 2017 through December 31, 2017 Specific Rates for Asset Management Engineering Support HDR Engineering, Inc. & Halff Associates, Inc. Job Titles & Classifications Rate Range Project Principal / Project Advisor 260 310 Practice Area Lead / Project Manager 250 325 Asset Management Engineer 230 265 Business Systems Consultant 170 240 Administrative II / Accountant 63 170 Rate Calculation Fees will be billed as total salary costs times a multiplier of 2.191 plus direct expenses. Salary costs are defined as direct labor rates plus fringe benefits. Direct expenses will be passed through directly to the City of Lubbock with no multiplier and include Mileage (standard IRS reimbursable rate), lodging, Der Diem expenses, incidentals, and copier/plotting costs. Note: The rates are for January 1, 2017 through December 31, 2017. Proposed new rates, in subsequent years, will be negotiated on an annual basis and will include cost -of -living escalation and other factors relevant at that time. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if 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. 2017-251542 HDR Engineering, Inc. Austin, TX United States Date Filed: 08/18/2017 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: 08/18/2017 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. 13408 Professional Engineering Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Felker, Brent R. Davis, CA United States X O'Reilly, Charles L. Boston, MA United States X HDR, Inc. Omaha, NE United States X Little, George A. Omaha, NE United States X Keen, Eric L. Omaha, NE 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. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if 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. 2017-251542 HDR Engineering, Inc. Austin, TX United States Date Filed: 08/18/2017 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. 13408 Professional Engineering Services 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary Felker, Brent R. Davis, CA United States X O'Reilly, Charles L. Boston, MA United States X HDR, Inc. Omaha, NE United States X Little, George A. Omaha, NE United States X Keen, Eric L. Omaha, NE 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. punr ti,jtY PV'''�i LISA RENEE SINGER :°; ,=Notary Publlo, Ststo of Texas Comm, Expires 00.08 2021 Notary ID 3198130 r o utho ized of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE t� Sworn to and subscribed before me, by the said �kew f !t -961,&ta this the day of A uy L_E 20 17 to certify which, witness my hand and seal of office. 7 -- 04� ►�+'1Y_I. t�I�X/► 1. (5 �L I�G/LLL S Ivtl AdA4 -rA P1Z14Xl% Coo-114r Signature of officer ad inistering oath Printed name of officer administering oath Title of officer a ministering oath corms provlaea Dy I exas ttnlcs uommisslon www.etnlcs.state.tx.us Version V1.0.883