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HomeMy WebLinkAboutResolution - 3980 - Amendment To Agreement - HDR Engineering Inc - WTP Renovation - 09_24_1992Resolution No. 3980 September 24, 1992 Item #35 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 an Amendment to the December 6, 1990, Agreement for Engineering Services for renovation of the City of Lubbock Water Treatment Plant, by and between the City of Lubbock and HDR Engineering, Inc., which Amendment is attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council sJuill constitute and be a part of this Resolution as if fully copied herein n deta' Passed by the City Coun N1 this 14th k day T: , ulty secretar A P OVED AS n CONTENT: D . Haw ins, P.E. Di ector of Water Utilities APPROVED AS TO FORM: unald G. Vandiver, City Attorney DGV:dw/Agenda-D2/HDREng.Res September 9, 1992 rst Assista September 1992. ATTACHMENT A-3 TO AGREEMENT FOR ENGINEERING SERVICES OWNER: City of Lubbock, Texas PROJECT: Engineering services required to administer the construction contract during the construction phase of the Terminal Storage Reservoir Rehabilitation DESCRIPTION OF SCOPE OF SERVICES The Scope of Services for this terminal storage reservoir repair construction administration project is as follows. Work shall not proceed until OWNER has authorized ENGINEER in writing to proceed. A. Construction Phase - Administration of the Construction Contract During the Construction Phase ENGINEER shall: 1. Consult with and advise OWNER as set forth herein and as provided in the ENGINEER's General Conditions and Supplementary General Conditions of the Contract for Construction included in the Contract Documents for the PROJECT. The extent and limitations of the duties, responsibilities and authority of ENGINEER as assigned in said Contract Documents shall not be modified, except as OWNER and ENGINEER may otherwise agree in writing. 2. Make visits to the site at intervals appropriate to the stage of construction, or otherwise agreed to by ENGINEER in writing, to observe the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of such on -site observations, ENGINEER shall keep the OWNER informed of the progress and quality of the Work, and alert the OWNER to defects and deficiencies in the Work of the Contractor. ENGINEER shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences, procedures of construction or for safety programs and precautions in connection with the Work. ENGINEER shall not be responsible for the acts or omissions of the Contractor, Subcontractors or any other persons performing any of the Work, or for failure of any of them to carry out the Work in accordance with the Contract Documents. 3. Make recommendations to OWNER concerning the disapproval or rejection of Contractor's Work while it is in progress if ENGINEER believes that such Work will not produce a completed PROJECT that conforms to the Contract Documents or that it will prejudice the integrity of the design concept of the PROJECT as reflected in the Contract Documents. ENGINEER shall have access to the Work at all times whenever it is in preparation or progress. 4. Review or take other appropriate action with respect to shop drawings, samples and other data which Contractor is required to submit, but only for conformance with the design concept of the PROJECT and compliance with the information given in the Contract Documents. Such reviews or other action shall not include means, methods, techniques, sequences, or procedures of construction or safety programs and precautions incident thereto. 5. Evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor. Make recommendations to OWNER concerning acceptance or denial of Contractor's proposal(s). 6. Have authority, as OWNER's representative, to require special inspection or testing or the Work, and receive and review all certifications of inspections, testings and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents. 7. Act as initial interpreter of the requirements of the Contract Documents, judge the acceptability of the Work and make decisions on all claims of OWNER and Contractor relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work. 7 ATTACHMENT B-3 TO AGREEMENT FOR ENGINEERING SERVICES OWNER: City of Lubbock, Texas PROJECT: Engineering services required to administer the construction contract during the construction phase of the Terminal Storage Reservoir Rehabilitation COMPENSATION For the services covered by this Agreement, the OWNER agrees to compensate the ENGINEER as follows: A. For project management meetings and coordination and Basic Services for the administration of construction of the improvements for the Lubbock Water Treatment Plant, at an hourly billing fee for ENGINEER's personnel services as listed in Paragraph B. The maximum billed for these ENGINEER's personnel services shall not exceed $13,500.00 without further authorization. Subcontract personnel services shall be reimbursable expenses shall be billed at cost. In addition, ENGINEER's and Subcontractor's non -labor costs shall be reimbursable expenses and shall be billed at cost. Billings for reimbursable expenses are estimated to be $1,500.00. B. Hourly fees listed herein for ENGINEER's personnel services will apply until December 31, 1993, and shall be changed annually on January 1st for the upcoming twelve (12) month period. Classification Range Project Principal Project Manager Senior Engineer Project Engineer, P.E. Staff Engineer Design Technician Drafter Clerical 11 Hourly Billing Rate $120 - $190 $110 - $190 $100 - $150 $65-$90 $45-$65 $45-$65 $40-$60 $35-$60 C. The following expenses are reimbursable: 1. Travel, subsistence, and incidental costs. 2. Use of motor vehicles on a monthly rental basis for assigned vehicles and on a current mileage basis or rental cost basis for vehicles used for short periods. 3. Telegraph costs, long distance telephone costs and project on -site telephone costs. 4. Reproduction of reports, drawings, and specifications. 5. Postage and shipping charges for project related materials. 6. Computer time charges including program use charges. 7. Rental charges for use of equipment. 8. Cost of acquiring any other materials or services specifically for and applicable to only this project. 9. Subconsultant personnel services and expenses. D. The ENGINEER agrees to use its best efforts to perform the services as defined in this Agreement within the billing limits stated above. E. Monthly payments shall be made to the ENGINEER by the OWNER based on the ENGINEER's statement. For hourly fee items, the statement shall be itemized to indicate the amount of work performed and the associated reimbursable expenses and Subconsultant costs. F. The uncontested amount of each statement shall be due and payable upon receipt by the OWNER. Carrying charges of 1-1/2 percent per moth from the billing date, shall be due for accounts which are not paid within 60 days after the billing date. G. It is understood and agreed that the maximum billings of each of the above items are based on the start of the services being authorized not later than October 30, 1992. If start of services is not authorized by date given, it is understood and agreed that the upper billing limit will be adjusted accordingly by a supplement to the Agreement. H. That the ENGINEER shall start the performance of the services upon receipt of notice to proceed. I. That the ENGINEER shall keep records on the basis of generally accepted accounting practice for costs and expenses and which records shall be available to inspection at reasonable times. 2 ATTACHMENT C-3 TO AGREEMENT FOR ENGINEERING SERVICES OWNER: City of Lubbock, Texas PROJECT: Engineering services required to administer the construction contract during the construction phase of the Terminal Storage Reservoir Rehabilitation OWNER'S RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER: A. Designate in writing a person to act as OWNER' representative with respect to services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the PROJECT. B. Arrange for access to, and make all provisions for, ENGINEER or ENGINEER's Subconsultant to enter upon public and private property as required for ENGINEER and ENGINEER's Subconsultants to perform services under this Agreement. C. Provide accounting, independent cost estimating and insurance counseling services as may be required for the PROJECT, legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the PROJECT including any that may be raised by Contractor, auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the monies paid under the construction contract, and inspection services as OWNER may require to ascertain that Contractor is complying with any laws, rules, regulations, ordinances, codes or orders applicable to his furnishing and performing the Work. D. Advertise for proposals from bidders, open the proposals at an appointed time and place, and pay for all costs incidental thereto. E. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any condition that affects the scope or timing of ENGINEER's services, or any defect or nonconformance in the Work of any Contractor. F. Accept full technical/administration and legal responsibility for any OWNER furnished standard details, technical or general specifications, test data, record drawings, and similar items. At no cost to ENGINEER, provide the above data and services and render approvals and decisions as is necessary for the orderly progress of ENGINEER's services. ENGINEER shall be entitled to rely upon the accuracy and completeness of all information and services provided by OWNER or at OWNER's direction. G. Provide construction inspection services. H. Review construction contract payment requests and recommend payment. I. Perform the final inspection and prepare a check list of deficient or incomplete items of Work to be performed by the Contractor. 2 AMENDMENT WHEREAS, the City of Lubbock, Texas, and HDR Engineering, Inc., have heretofore entered into an Agreement for Engineering Services upon December 6, 1990; as amended to provide Construction Engineering Services for the Municipal Water Treatment Plant Improvements, and amended to provide Design Engineering Services for repair of the Terminal Storage Reservoir Liner; and WHEREAS, the parties to said Agreement now desire to amend said Agreement to include Additional Services for Construction Services for the Terminal Storage Reservoir Rehab and compensation as provided by Attachments A-3, B-3 and C-3 attached hereto; NOW THEREFORE: WITNESSETH: THAT the parties hereto agree that the Agreement for Engineering Services executed by and between the City of Lubbock and HDR Engineering, Inc. upon December 6, 1990, shall be amended to include this Amendment and the Attachments hereto; and THAT all references in the original Agreement for Engineering Services to "Attachment A" and "Attachment B" shall be read as including "Attachment A, A-1, A-2 and A-3", "Attachment B, B-1, B-2 and B-3" and "Attachment C, C-1, C-2 and C-3." IN WITNESS WHEREOF, the parties have executed this Amendment upon this 24'%h v OT---,, September . 1992. R. Langsfon, Mayor ATTEST: CQ",� Li� Rane t Boyd, City Secretary P OVE AS O CONTENT: DJq A. Hawkins, P.E. Director of Water Utilities VED A T FOR 1 ' lioft/ ald G. Vandiver, First Assistant City Attorney HDR ENGINEERING, INC: William R. Hindman, P.E. Senior Vice President APPROVED: