HomeMy WebLinkAboutResolution - 4302 - Agreement - Parkhill Smith & Cooper Inc - Frankford Ave Paving Improvements - 10_28_1993Resolution No. 4302
October 28, 1993
Item #36
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 Agreement
by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc. for
engineering services, attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this
ATTEST:
Betty R. Johnso, City Secretary
APPROVED AS TO CONTENT:
arry D. Hef-tel, City Engineer
APPROVED AS TO FORM:
Dolrald G. Vandiver, First
Assistant City Attorney
DGV:da/AGENDA-D2/A-PARKNL.res
October 13, 1993
a
A G R E E M E N T
CITY OF LUBBOCK, TEXAS
AND
PARKHILL, SMITH & COOPER. INC.
FOR ENGINEERING SERVICES
THIS IS AN AGREEMENT made and entered into by and between CITY OF LUBBOCK
hereinafter called the "Owner," and PARKHILL, SMITH & COOPER, INC.,
Engineers -Architects -Planners, hereinafter called the "Engineer," of 4010 Avenue
R, Lubbock, Texas, a corporation which is duly chartered under the laws of the
State of Texas.
RECITALS
Owner intends to construct improvements to Frankford Avenue from 66th
Street to 82nd Street. Such improvements are hereinafter called the Project and
are further described to include the following:
1. Demolition and removal of existing paving
2. Excavation and embankment to result in proper street grade
3. Curb and gutter
4. Concrete pavement at the 82nd Street intersection
5. Flexible pavement for all other areas
6. Coordination with public and private utilities
CONTRACTUAL UNDERTAKINGS
SECTION
TITLE
PAGE
Section
I
Employment of Engineer
I-1
Section
II
Character and Extent of Services
II-1
Section
III
Authorization of Services
III-1
Section
IV
Period of Service
IV-1
Section
V
Owner's Responsibilities
V-1
Section
VI
The Engineer's Basic Compensation
VI-1
Section
VII
Special Assignments and Services Not
Included in Basic Compensation
VII-1
Section
VIII
Revision to Drawings and Specifications
VIII-1
Section
IX
Reuse of Documents
IX-1
Section
X
Termination
X-1
Section
XI
Addresses of Notices and Communications
XI-1
Section
XII
Section Captions
XII-1
Section
XIII
Successors and Assignments
XIII-1
Exhibit
A
Duties, Responsibilities and Limitation
of the Authority of the Resident Project
Representative
A-1
Exhibit
B
Fee Proposal Summary Basic Services
B-1
Exhibit
C
Basic Engineering Services
C-1
Exhibit
D
Proposed Project Schedule
D-1
� � 3
SECTION I
EMPLOYMENT OF ENGINEER
The Owner agrees to employ the Engineer and the Engineer agrees to perform
professional engineering services in connection with the Project as stated in the
Sections to follow, and for having rendered such services, the Owner agrees to
pay to the Engineer compensation as stated in the Sections to follow. The
professional engineering services shall include normal civil, structural,
mechanical and electrical engineering services and normal architectural services
incidental thereto.
Prior to the time the Engineer is entitled to commence any part of the
services under this agreement, the Engineer shall provide the Owner with a
certificate of insurance indicating Professional Liability Insurance coverage
with minimum limits of $1,000,000.
I - 1
SECTION II
CHARACTER AND EXTENT OF SERVICES
A. DESIGN PHASE
Upon execution of this Agreement, authorization is hereby given to proceed
with the Design Phase.
During the Design Phase, the Engineer shall:
(1) Establish the scope and advise the Owner of any soil and
foundation investigations or any special surveys or special
testing which, in the opinion of the Engineer, may be required
for the proper execution of the Project; and arrange with the
Owner for the conduct of such investigations and tests. The
performance of these investigations and tests is not a part of
the Engineer's basic services, and compensation therefor is not
included in the Basic Charge; it will be performed by the
Engineer with compensation determined by the applicable portions
of Section VII.
(2) Furnish to the Owner, where required by the circumstances of the
assignment, the engineering data necessary for applications for
routine permits by local, State and Federal authorities, as
distinguished from detailed applications and supporting
documents for government grants-in-aid, or for planning advances
or to meet the requirements of special programs of the Federal
Government.
(3) Arrange with the Owner for field surveys to collect information
which, in the opinion of the Engineer, is required in the design
of the Project. The performance of field surveys is not a part
of the Engineer's basic services, and compensation therefor is
not included in the Basic Charge; the surveys may be performed
by the Engineer with compensation determined by applicable
portions of Section VII.
(4) Prepare detailed specifications and contract drawings, for
construction authorized by the Owner. These designs shall in
all respects combine the application of sound engineering
principles.
•
(5) Prepare stormwater pollution prevention plan, notice of intent
and notice of termination, and include specifications for the
construction project outlining requirements of contractors
concerning stormwater pollution prevention in accordance with
applicable rules and regulations. Assist the Owner in required
reporting and documentation during construction.
(6) Prepare detailed opinions of costs and proposals of authorized
construction, which shall include summaries of bid items and
quantities which will be based, wherever practical, on the unit
price system of bidding. The Engineer shall not be required to
guarantee the accuracy of these opinions of costs.
(7) Furnish to the Owner all necessary copies of contract documents,
including plans and specifications required for review by Owner
and regulatory agencies. All sets of plans and specifications
in excess of five (5) are to be paid for separately under
Section VII (14).
B. BIDDING PHASE
During the Bidding Phase the Engineer shall:
(1) Assist the Owner in the advertisement of the Project for bids.
(2) Assist in conducting a pre -bidding conference.
(3) Furnish the number of copies of the Plans and Specifications as
required by prospective bidders and furnishers of material and
equipment. All sets of plans and specifications in excess of
thirty-five (35), including postage, required for bidding
purposes are to be paid for separately under Section VII (14).
(4) Assist the Owner in the opening and tabulation of bids for
construction of the Project, and recommend to the Owner as to
action on all proposals received.
(5) Assist in the preparation of formal Contract Documents.
C. CONSTRUCTION PHASE
During the Construction Phase, the Engineer shall:
(1) Assist in conducting a pre -construction conference. Prepare a
record of the meeting for distribution.
II - 2
T
(2) Make periodic visits to the site (as distinguished from the
continuous services of a Resident Project Representative
described in Subparagraph 4 below) to observe the progress and
quality of the executed work and to determine in general if the
work is proceeding in accordance with the Contract Documents.
In performing this service, the Engineer will not be required to
make exhaustive or continuous on -site inspections to check the
quality or quantity of the work or material; he will not be
responsible for the techniques and sequences of construction
selected by Contractor(s) or the safety precautions incident
thereto, and he will not be responsible or liable in any degree
for the contractor's failure to perform the construction work in
accordance with the Contract Documents. During visits to the
construction site, and on the basis of the Engineer's on -site
observations as an experienced and qualified design
professional, he will keep the Owner informed of the extent of
the progress of the work, and advise the Owner of material and
substantial defects and deficiencies in the work.
(3) Consult and advise with the Owner; make recommendations to the
Owner regarding materials and workmanship; and prepare and
issue routine change orders with Owner's approval. Routine
change orders, such as substitution of material or equipment and
extension of time are considered a part of the Basic Service,
therefore no extra charge will be made for these services.
However, change orders requested by the Owner or made necessary
by changed site conditions, shall be considered special services
and shall be paid separately under Section VII (24).
(4) If specifically authorized by the Owner in writing, furnish the
services of Resident Project Representatives and other field
personnel for continuous on -the -site observation of
construction; and for the performance of required construction
layout surveys. Furnishing the services of a Resident Project
Representative is not a part of the Engineer's basic services,
and compensation therefor is not included in the Basic Charge;
compensation shall be determined under Section VII(3). The
II - 3
U
authority and duties of such Resident Project Representatives
are limited to examining the material furnished and observing
the work done and to reporting their findings to the Engineer.
The Engineer will use the usual degree of care and prudent
judgment in the selection of competent Project Representatives,
and the Engineer will use his best efforts to see that the
Project Representatives are on the job to perform their required
duties. It is agreed, however, that the Engineer does not
underwrite, guarantee or insure the work done by the
contractors. Failure by any Project Representative or other
personnel engaged in on -the -site observation to discover defects
or deficiencies in the work of the contractors shall not relieve
the contractor for liability therefor or subject the Engineer to
any liability for any such defect or deficiencies, if the
Project Representative had no actual knowledge of the defect.
(5) Review samples, catalog data, schedules, shop drawings,
laboratory, shop and mill tests of material and equipment and
other data which the contractor is required to submit for
compliance with the information given by the Contract Documents;
and assemble written guarantees which are required by the
Contract Documents.
(6) Based on his on -site observations as an experienced and
qualified design professional and on his review of the
Contractor's applications for payment and the accompanying data
and schedules, determine the amounts owing to the Contractor and
approve in writing payments to the Contractor in such amounts;
such approvals of payment will constitute a representation to
Owner, based on such observations and review, that the work has
progressed to the point indicated and that, to the best of his
knowledge, information and belief, the quality of the work is in
accordance with the Contract Documents (subject to an evaluation
of the work as a functioning Project upon Substantial
Completion, to the Results of any subsequent tests called for in
the Contract Documents and to any qualifications stated in his
approval). By approving an application for payment, Engineer
II - 4
will not be deemed to have represented that he has made any
examination to determine how or for what purpose any Contractor
has used the monies paid on account of the Contract Price or
that title to any of the Contractor's work, materials or
equipment has passed to Owner free and clear of any lien,
claims, security interests or encumbrances.
(7) Conduct, in company with the Owner, a final inspection of the
Project for compliance with the Contract Documents and make
recommendations to the Owner regarding completion of the
Proj ect .
(8) Revise contract drawings, with the assistance of the Resident
Project Representative, to provide record drawings of the
completed Project and furnish one set of prints to the owner.
The Engineer will exercise the usual degree of care in preparing
these drawings, but he shall not be required to guarantee the
accuracy of the record drawings. Compensation for record
drawings is not part of Basic Charge and shall be determined as
described under Section VII.
(9) Provide the Owner with one set of reproducible project drawings.
If item (8) above is authorized, the drawings shall be record
drawings. If item (8) is not authorized, the advertised project
drawings will be provided in reproducible form.
II - 5
SECTION III
AUTHORIZATION OF SERVICES
The Engineer shall be authorized to proceed with Design Phase services for
the Project upon execution of this Agreement. The Owner's written authorization
shall be obtained from the City Engineer prior to proceeding with any subsequent
services or phases.
SECTION IV
PERIOD OF SERVICE
The provisions of this Agreement and the various rates of compensation for
Engineer's services provided for herein have been agreed to in anticipation of
the orderly and continuous progress of the Project through completion of the
Construction Phase. The Engineer's obligation to render services hereunder will
extend for a period which may reasonably be required for the design, award of
contracts and construction of the Project including extra work and required
extensions thereto.
If the Engineer's services for design or during construction of the Project
are delayed or suspended in whole or in part by Owner for more than three months
for reasons beyond Engineer's control, Engineer shall on written request to Owner
(but without termination of this Agreement) be paid for services performed to
date as provided in Section X for the services delayed or suspended. If such
delay or suspension extends for more than one year for reasons beyond Engineer's
control, or if Engineer for any reason is required to render services after
July 31, 1995, the various rates of compensation provided for elsewhere in this
Agreement shall be subject to renegotiation.
IV - 1
SECTION V
OWNER'S RESPONSIBILITIES
A. GENERAL
The Engineer shall hold periodic conferences with the Owner, or his
representatives, in order to obtain full benefit of the Owner's experience and
knowledge of existing needs and facilities and be consistent with its current
policies and construction standards.
B. OWNER'S RESPONSIBILITIES
The Owner shall:
(1) Provide full information as to his requirements for the Project.
(2) Assist Engineer by placing at his disposal all available reports and
any other data relative to design and construction.
(3) Furnish to Engineer, as required by him for performance of his Basic
Services, data prepared by or services of others, such as core
borings, probings and subsurface explorations, hydrographic surveys,
laboratory tests and inspections of samples, materials and
equipment; appropriate professional interpretations of all of the
foregoing; property, boundary, easement, right-of-way, topographic
and utility surveys and property descriptions; zoning and deed
restrictions; and other special data or consultations not covered in
Section VII; all of which Engineer may rely upon in performing his
services.
(4) Guarantee access to and make all provisions for Engineer to enter
upon public and private property as required for Engineer to perform
his services.
(5) Examine all studies, reports, sketches, drawings, specifications,
proposals and other documents presented by Engineer, obtain advise
of an attorney, insurance counselor and other consultants as he
deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to
delay the services of Engineer.
V - 1
(6) Pay all costs, including but not limited to, advertising and
reproduction and blueprinting incident to obtaining bids or
proposals from contractors.
(7) Provide such legal, accounting, independent cost estimating and
insurance counseling services as may be required for the Project and
such auditing service as Owner may require to ascertain how or for
what purpose any contractor has used the monies paid to him under
the construction contract.
(8) Designate in writing a person to act as Owner's representative with
respect to the work to be performed under this Agreement. Such
person shall have complete authority to transmit instructions,
receive information, and interpret and define Owner's policies and
decisions with respect to materials, equipment, elements and systems
pertinent to Engineer's services.
(9) Give prompt written notice to Engineer whenever Owner observes or
otherwise becomes aware of any defect in the Project.
(10) Furnish approvals and permits from all governmental authorities
having jurisdiction over the Project and such approvals and consents
from others as may be necessary for completion of the Project.
(11) Furnish, or direct Engineer to provide, necessary Additional
Services as stipulated in Section VII of this Agreement or other
services as required.
(12) Bear all costs incident to compliance with the requirements of this
Section V.
V - 2
SECTION VI
THE ENGINEER'S BASIC COMPENSATION
For and in consideration of the services to be rendered by the Engineer,
the Owner shall pay, and the Engineer shall receive the compensation hereinafter
set forth, for the Design, Bidding and Construction Phases of the work. All
remittances by Owner of such compensation shall either be mailed or delivered to
Parkhill, Smith & Cooper, Inc., 4010 Avenue R, Lubbock, Texas 79412.
Should Owner fail to make payment to the Engineer of the sum named in any
partial or final statement when payment is past due for more than thirty days,
then the Owner shall pay to the Engineer, in addition to the sum shown as due by
such statement, interest thereon at the rate of one percent per month from the
date due, as provided herein, until fully paid, which shall fully liquidate any
injury to the Engineer arising from such delay in payment, but the right is
expressly reserved to the Engineer in event payments are not promptly made as
provided herein, at any time thereafter to treat the Agreement as terminated by
the Owner and recover compensation as provided by Section X of this Agreement.
Payment for services shall be made to the Engineer and will be paid for by
the Owner on an hourly basis. Direct non -salary costs, such as transportation,
toll telephone charges, reproduction, computer time, printing and similar Project
related items will be paid for at cost plus a 15 percent service charge.
Total payment shall not exceed One Hundred Nine Thousand Nine Hundred
Forty -Five Dollars ($109,945.00).
A summary of the fee proposal is attached as Exhibit B. Hourly rates shall
be in accordance with the following schedule.
Principal/Project Manager $90.00/hr.
Project Engineer $68.00/hr.
Design Engineer $60.00/hr.
Engineer -in -Training $55.00/hr.
Drafter $40.00/hr.
Clerical $35.00/hr.
Partial payments for services shall be made monthly, as evidenced by
monthly statements submitted by the Engineer to the Owner. Final payment for
services shall be due upon the completion of the services.
VI - 1
In the event the time required for construction exceeds time of
construction, as allowed in the Contract Documents, by more than 30 days, the
Owner shall compensate the Engineer for all services rendered after the 30th day
in accordance with the schedule for Special Services in Section VII.
VI - 2
SECTION VII
SPECIAL ASSIGNMENTS AND SERVICES NOT
INCLUDED IN BASIC COMPENSATION
A. ADDITIONAL SERVICES
Engineer shall furnish or obtain from others additional services and
special assignments of the following types which are not considered normal or
customary Basic Services.
SERVICE
(1) Field Surveys to collect information required for design including
photogrammetry, and related office computations and drafting.
(2) Studies, tests and process determinations to establish basis of
design for water and waste treatment facilities.
(3) Services of a Resident Project Representative and other field
personnel, as required, for on -the -site observation of construction;
and for construction layout surveys.
(4) Land surveys, and establishment of boundaries and monuments, and
related office computations and drafting.
(5) Preparation of property or easement descriptions.
(6) Preparation of any special reports required for marketing of bonds.
(7) Small design assignments (estimated construction cost less than
$100,000) not included in the authorized basic services.
(8) Appearance before regulatory agencies.
(9) Assistance to the Owner as an expert witness in any litigation with
third parties arising from the development or construction of the
Project including preparation of engineering data and reports.
(10) Special investigations involving detailed consideration of
operation, maintenance and overhead expenses; preparation of rate
schedules, earnings and expense statements; special feasibility
studies; appraisals; valuations; and material audits or inventories
required for certification of force account construction performed
by the Owner.
VII - 1
(11) Soil and foundation investigations, including field and laboratory
tests, borings, related engineering analysis and recommendations.
(12) Detailed mill, shop and/or laboratory inspection of materials or
equipment.
(13) Travel and subsistence required of the Engineer and authorized by
the Owner to points other than Owner's office and project site.
(14) Additional sets of contract documents and blueline print copies of
drawings.
(15) Preparation of applications and supporting documents for government
grants, planning advances or to meet the requirements of special
programs of the Federal government.
(16) Preparation of environmental statements and assistance to Owner in
preparing for, and attending public hearings.
(17) Plotting, computing, and filing plats of subdivisions; staking of
lots; and related land planning and partitioning functions.
(18) Revisions to contract drawings to provide record drawings of the
completed contract.
(19) Service after issuance of Certificate of Completion.
(20) Services to investigate existing conditions or facilities or to make
measured drawings thereof, or to verify accuracy of drawings or
other information furnished by Owner.
(21) Preparation of operating instructions and manuals for facilities and
training of personnel and assistance in operation of facilities.
(22) Providing renderings or models for Owner's use.
(23) Preparing documents for alternate bids requested by Owner for work
which is not executed or documents for out -of -sequence work.
(24) Services in connection with change orders to reflect changes
requested by the Owner or changes made necessary by changed site
conditions, and services resulting from significant delays, changes
or price increases occurring as a direct or indirect result of
material, equipment or energy shortage.
(25) Any other special or miscellaneous assignment specifically
authorized by Owner.
VII - 2
The duties and responsibilities and the limitations on the authority of the
Resident Project Representative and assistants are set forth in Exhibit A which
is a part of this Agreement.
B. PAYMENT
Payments to the Engineer for authorized
additional services and special
assignments which are not included in Basic Services will
be made monthly, by the
Owner, upon presentation of monthly statements
by the Engineer
for such services
in accordance with the following schedule.
Principal/Project Manager
$90.00
per
hour
Project Engineer
$68.00
per
hour
Design Engineer
$60.00
per
hour
Engineer -in -Training
$55.00
per
hour
Drafter
$40.00
per
hour
Clerical
$35.00
per
hour
Resident Project Representative
$50.00
per
hour
The above schedule shall be renegotiated for any Special Assignments
required after July 31, 1995.
Reimbursable expenses are defined as actual expenses incurred directly or
indirectly in connection with the Special Assignments for: transportation and
subsistence; toll telephone charges; reproduction; surveying; computer time;
subsurface testing; soil testing and services of outside consultants.
Reimbursement for these expenses shall be cost plus a 15 percent service charge.
VII - 3
SECTION VIII
REVISIONS TO DRAWINGS AND SPECIFICATIONS
The Engineer will make, without expense to the Owner, such revisions of the
preliminary drawings as may be required to meet the needs of the Owner, but after
a definite plan has been approved by the Owner, if a decision is subsequently
made by the Owner which, for its proper execution, involves extra services and
expenses for changes in, or addition to the drawings, specifications or other
documents, or if the Engineer is put to labor or expense by delays imposed on him
from causes not within his control, such as by (but not limited to) the
readvertisement of bids or by the delinquency or insolvency of contractors, the
Engineer shall be compensated for such extra services and expense, which services
and expense shall not be considered as covered by the Basic Charges stipulated
in this Agreement. Compensation for such extra services shall be in accordance
with the provisions of Section VII, Paragraph B. PAYMENT.
SECTION IX
REUSE OF DOCUMENTS
All documents including Drawings and Specifications prepared by ENGINEER
pursuant to this Agreement are instruments of service in respect of the Project.
They are not intended or represented to be suitable for reuse by OWNER or others
on extensions of the Project or on any other project. Any reuse without written
verification or adaptation by ENGINEER for the specific purpose intended will be
at OWNER's sole risk and without liability or legal exposure to ENGINEER; and
OWNER shall indemnify and hold harmless ENGINEER from all claims, damages, losses
and expenses including attorneys' fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle ENGINEER to further compensation
at rates to be agreed upon by OWNER and ENGINEER.
SECTION X
TERMINATION
Either party to this Agreement may terminate the Agreement by giving to the
other seven days notice in writing. Upon delivery of such notice by the Owner
to the Engineer, and upon expiration of the seven-day period, the Engineer shall
discontinue all services in connection with the performance of this Agreement and
shall proceed to cancel promptly all existing orders and contracts insofar as
such orders or contracts are chargeable to this Agreement. As soon as
practicable after receipt of notice of termination, the Engineer shall submit a
statement, showing in detail the services performed under this Agreement to the
date of termination. The Owner shall then pay the Engineer promptly for the
services actually performed under this Agreement, less such payments on account
of the charges as have been previously made. Copies of all completed or
partially completed designs, plans and specifications prepared under this
Agreement shall be delivered to the Owner when and if this Agreement is
terminated, but subject to the restrictions, as to their use, as set forth in
Section IX.
X - 1
SECTION XI
ADDRESS OF NOTICES AND COMMUNICATIONS
All notices and communications under this Agreement to be mailed or
delivered to Engineer shall be to the following address:
PARKHILL, SMITH & COOPER, INC.
4010 Avenue R
Lubbock, Texas 79412
Attn: Terry G. Bilderback, P.E.
Project Manager
All notices and communications under this Agreement to be mailed or
delivered to the Owner shall be to the following address:
CITY OF LUBBOCK
P.O. Box 2000
Lubbock, Texas 79457
Attn: Larry D. Hertel, P.E.
City Engineer
XI - 1
SECTION XII
SECTION CAPTIONS
Each Section under the contractual undertakings has been supplied with a
caption to serve only as a guide to the contents. The caption does not control
the meaning of any Section or in any way determine its interpretation or
application.
XII - 1
SECTION XIII
SUCCESSORS AND ASSIGNMENTS
The Owner and the Engineer each binds himself and his successors,
executors, administrators and assigns to the other party of this Agreement and
to the successors, executors, administrators and assigns of such other party, in
respect to all covenants of this Agreement. Except as above, neither the Owner
nor the Engineer shall assign, sublet or transfer his interest in this Agreement
without the written consent of the other. Nothing herein shall be construed as
creating any personal liability on the part of any officer or agent of any public
body which may be a party thereto.
EXECUTED in 2 counterparts (each of which is an original) on behalf of
Engineer by its President shown below, and on behalf of Owner
by its Mayor (thereunto duly authorized) this Z84h day
of , 19g3 .
APPROVED AS TO CONTENT:
i
i
Larry D. He-ftel, P.E.
City Engineer
APPROVED AS TO FORM:
Zo L�
onald G. Vandiver
1st Assistant City Attorney
Attest L�"j
Betty M. Idohnson
City Secretary
PARKHILL. SMITH & COOPER. INC.
By J4tfl
Ter /G. Bilderback, P.E.
Prin ipal/Project Manager
By • }
C. Clayton Yeag r, e.E.
President
EXHIBIT A
TO
AGREEMENT BETWEEN
CITY OF LUBBOCK
AND
PARKHILL, SMITH & COOPER. INC.
DUTIES. RESPONSIBILITIES AND LIMITATIONS OF THE
AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE
A. GENERAL
The Resident Project Representative is the Engineer's Agent and shall act
under the supervision and direction of the Engineer. He shall confer with the
Engineer regarding his actions, and shall generally communicate with the Owner
with the knowledge of and under the direction of the Engineer.
B. DUTIES AND RESPONSIBILITIES
The Resident Project Representative shall:
1. Schedule - Review the construction schedule prepared by the
Contractor for compliance with the contract and give written advice to the
Engineer concerning its acceptability.
2. Conferences - Attend pre -construction conferences. Arrange a
schedule of progress meetings and other job conferences as required in
consultation with the Engineer and notify those expected to attend in advance.
Maintain and circulate copies of records of the meetings.
3. Liaison -
a. Serve as the Engineer's liaison with the Contractor working
principally through the Contractor's field superintendent.
Alert the Contractor through his field superintendent, to
the hazards involved in accepting and acting upon
instructions from the Owner or others, except such
instructions transmitted through the Engineer.
b. Cooperate with the Contractor in his dealings with the
various local agencies having jurisdiction over the Project
in order to complete service connections to public utilities
and facilities.
EXHIBIT A
Page 1 of 4
C. Assist the Engineer in obtaining from the Owner additional
details or information, when required at the job site for
proper execution of the work.
4. Approvals - When required, assist the Engineer in obtaining from
the Contractor a list of his proposed suppliers and subcontractors.
5. Samples - Assist the Engineer in obtaining field samples of
materials delivered to the site which are required to be furnished, and keep
record of actions taken by the Engineer.
6. Shop Drawings -
a. Receive approved shop drawings and other submissions from
the Engineer; record data received, maintain a file of the
drawings and submissions, and check construction for
compliance with them.
b. Alert the Contractor's field superintendent when he observes
materials or equipment being installed before approval of
shop drawings or samples, where such are required, and
advise the Engineer when he believes it is necessary to
disapprove work as failing to conform to the Contract
Documents.
7. Review of Work. Inspections and Tests -
a. Conduct on -site observations of the work in progress for the
Engineer as a basis for determining that the Project is
proceeding in accordance with the Contract Documents.
b. Verify that tests, including equipment and systems start up,
which are required by the Contract Documents are conducted
and that the Contractor maintains adequate records thereof;
observe, record and report to the Engineer appropriate
details relative to the test procedures and start ups.
c. Accompanying visiting inspectors representing public or
other agencies having jurisdiction over the Project, record
the outcome of these inspections and report to the Engineer.
8. Interpretation of Contract Documents - Transmit to the Contractor
the Engineer's interpretations of the Contract Documents.
9. Modifications - Consider and evaluate Contractor's suggestions
for modifications in drawings or specifications and report them with
recommendations to the Engineer.
EXHIBIT A
Page 2 of 4
10. Records -
a. Maintain at the job site orderly files for correspondence,
reports of job conferences, shop drawings and other
submissions, reproductions of original contract documents
including all addenda, change orders and additional drawings
issued subsequent to the award of the contract, the
Engineer's interpretations of the Contract Documents,
progress reports, and other Project related documents.
b. Keep a diary or log book, recording hours on the job site,
weather conditions, list of visiting officials, daily
activities, decisions, observations in general, and specific
observations in more detail as in the case of observing test
procedures.
C. Record names, addresses and telephone numbers of all
Contractors, subcontractors and major material suppliers.
d. Maintain a set of drawings on which authorized changes are
noted, and deliver to the Engineer at the completion of the
Project.
11. Reports -
a. Furnish the Engineer periodic reports as required of
progress of the Project and the Contractor's compliance with
the approved construction schedule.
b. Consult with the Engineer in advance of scheduled major
tests or start of important phases of the Project.
12. Payment Requisitions - Review applications for payment with the
Contractor for compliance with the established procedure for their submission and
forward them with recommendations to the Engineer, noting particularly their
relation to the work completed and materials and equipment delivered at the site.
13. Guarantees: Certificates. Maintenance and Operation Manuals -
During the course of the work, assemble Guarantees, Certificates, Maintenance
Operation Manuals and other required data to be furnished by the Contractor and
upon acceptance of the Project, deliver this material to the Engineer for his
approval and forwarding to the Owner.
14. Completion -
a. Prior to final inspection, submit to the Contractor and
Owner a list of observed items requiring correction and
EXHIBIT A
Page 3 of 4
verify that each correction has been made.
b. Conduct final inspection in the company of the Engineer and
the Owner and prepare a final list of items to be corrected.
C. Verify that all items on final list have been corrected and
make recommendations to the Engineer concerning acceptance.
C. LIMITATIONS OF AUTHORITY
Except upon written instructions of the Engineer the Resident Project
Representative:
1. Shall not authorize any deviation from the Contract Documents.
2. Shall not undertake any of the responsibilities of the Contractor,
the sub -contractors or the Contractor's field superintendent.
3. Shall not expedite the work of the Contractor.
4. Shall not advise on or issue directions relative to any aspect of
the construction technique or sequence unless a specific technique
or sequence is called for in the Contract Documents.
5. Shall not authorize the Owner to occupy the Project in whole or in
part prior to final acceptance of the work.
6. Shall not participate in specialized field or laboratory tests.
EXHIBIT A
Page 4 of 4
FRANKFORD AVENUE
66th STREET TO 82nd STREET
FEE PROPOSAL SUMMARY
BASIC SERVICES
DIRECT LABOR
Category
Principal/Project Manager
Project Engineer
Design Engineer
Engineer —in —Training
Drafter
Clerical
Subtotal Personnel Costs
NON —SALARY DIRECT COSTS
Travel
Reproduction & Printing
Photographs
Toll Telephone Calls/FAX
Postage
Subtotal
Service Charge on Direct Costs
Subtotal Direct Costs
TOTAL
Hours
137
256
451
277
644
172
X Rate
$90
$68
$60
$55
$40
$35
$321
$3,700
$100
$420
$250
$4,791
$1,341
Cost
$1 Z330
$17,408
$27,060
$15,235
$25,760
$6,020
$103,813
$6,132
109,945
EXHIBIT B
Page 1 of 1
FRANIFORD AVENUE - 66TH STREET TO 82ND STREET
BASIC ENGINEERING SERVICES
Peas 1 of 2
PHASE/TASK
FPIPM
PROD. ENGA. DSGN. ENGR.
EIT
DRAFT
CLERICAL
TOTAL
DESIGN
1. Kiclmlf meeting, mirxtes
4
6
2
12
2. Rem w available maps and drawings
2
6
8
3. Preliminary site investigation
4
4
8
4. Review existing survey information, coordinate additional
1
1
2
4
1
g
survey needs
5. Review existing testing information, coordinate additional
1
1
2
4
1
0
testing needs
8. Assemble end plot survey data
24
24
7. Drmvings:
16
16
Cover Sheet
8
8
Location Map, Vicinity Map, Shad Index
1
12
13
Existing Layout and Removals
1
1
2
24
28
Existing Layout and Removals
1
1
2
24
28
Plan and Profile
0.5
2
4
8
26
40.5
Plan and Profile
0.5
2
4
6
28
40.5
Plan and Profile
0.5
2
4
8
28
40.5
Plan and Profile
0.5
2
4
6
28
40.5
Plan and Profile
0.5
2
4
8
28
40.5
Plan and Profile
0.5
2
4
6
28
40.5
Intersection Details and Jointing Plan
2
4
8
16
32
82
Concrete Pavement Details
1
2
4
8
24
37
Paving Cross Sections and Details
1
4
8
12
32
57
Miscellaneous Paving Details
2
4
4
24
34
Comider Crop Sections
1
2
6
16
25
Corridor Crop Sections
1
2
6
16
25
Corridor Crop Sections
1
2
6
16
25
Comider Cross Sections
1
2
8
1a
25
Corridor Crop Sections
1
2
8
16
25
MisceOeneous Ud* Details
2
4
4
16
26
Marldng Plan
1
2
4
6
32
45
Merldrg Plan
1
2
4
6
32
45
Merldng Plan
1
2
4
6
32
45
Merldng and Sigrxge Details
1
3
6
24
34
Traffic Control and Phasing Plan
2
4
8
12
32
58
Miscellaneous Details
2
8
24
34
Mwelleneods Details
2
8
24
34
8. Drainage concept design
2
4
8
12
2
28
2. Coordinate utility locations and adustments with City
2
8
18
4
30
or private utility as appropriate
10. Pavement design - rigid and flaxible
2
4
12
18
11, Miscellaneous coordination concerning ROW
2
1
3
12. Miscellaneous coordination concerning assessments
2
4
6
13. Coordination with City Traffic Engineering conoemintg
2
4
2
8
traffic sigrals, traffic Ilow during construction, marking,
signege, etc.
14. Coonii,mtkx with City Street Department concerning
4
2
6
salvaged materiels
15. Stomwmw Pollution Prevention Plan, NOL NOT, etc.
4
8
24
Is
8
ao
16. Specifications and contract documents
4
16
32
12
64
17. Preliminary submission
2
4
8
2
18
18. Review meeting
4
6
2
12
19. Draft final submission
2
4
8
2
16
20. Review mesting
4
6
2
12
21. Quantity to mft, Opinions of costs
2
4
8
16
30
22. Coofdmete documents, bid requirements with City
4
4
Purchasing Department
23. Misodlaneous sits vhib during design (3)
8
12
4
24
24 Project Management - Design Phase
14
7
21
25 Qm* Control
18
4
8
4
2
34
76
144
253
249
844
68
Sub -Total - Design Phase
BD
1, Assist City in thek placement of advertisement far bids
4
2
6
2. Plan dhtrI Won
12
12
3. Attend and assist in prabid conference, prepare mirm
4
4
8
2
18
4. Assist City n rsapoi irg to bidder questions, prepare
4
8
4
16
and issue addenda
5. Attend and assist in bid opening
2
2
4
8. Prepare bid tabulation
2
4
1
7
7. Rsvrew bids received and recommend action
1
2
4
1
a
8. Assist in preparation of comtreet documents for execution
2
6
10
g. Project Management - Bid Phase
6
3
g
Sub -Total - Bid Phase
13
20
20
8
0
29
Cortinued on P
EXHIBIT C
Page 1 of 2
FRANKFORD AVENUE — 66TH STREET TO 82ND STREET
BASIC ENGINEERING SERVICES
p-0 ofI
PHASE/TASK
FPRM
PROJ. ENGR. DSGN. ENGR. EIT
DRAFT CLERICAL
TOTAL
CONSTRUCTION
1. Attend precoratruction conference and prepare min uDes
4
8
2
14
2. Review meberial submittals and shop drawings
2
8
18
4
30
3. Periodic sft vigils
8
40
88
24
100
4. Prepare monthly construction pay requests
8
28
12
4E
5. Assist City in responding to questlors raised during
20
40 20
12
92
corstru tion
a. Evaluate, prepare avid issue routine charge requests (3)
2
4
8
8
20
7. Frollrspectan
4
4
1
g
8 Project Menagemmlt — Corstructon Phase
28
14
42
Sub —Told — Cormtrupt Phase
48
22
178 20
0 75
TOTAL HOURS
137
256
451 277
844 172
EXHIBIT C
Page 2 of 2
PROPOSED PROJECT SCHEDULE
CITY OF LUBBOCK, TEXAS
FRANKFORD AVENUE
66TH STREET TO 82ND STREET
DATE ACTIVITY
October 28, 1993 City Council authorize execution of engineering agreement
November, 1993 Design Phase including basic design services.
thru April, 1994
May thru Bid Phase
June, 1994
July, 1994 Begin Construction Phase
NOTE: The proposed project schedule is based on the assumption that necessary
rights -of -way and assessment clearances are obtained from adjacent
property owners prior to May, 1994.
EXHIBIT D
Page 1 of 1