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HomeMy WebLinkAboutResolution - 121467E - Agreement - Parkhill, Smith & Cooper Inc - Waste Water Reclamation Plant - 12_14_1967KJ :tp 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 with Parkhill, Smith & Cooper, Inc., Consulting Engineers for Engineering Services on a waste water reclamation plant, which is attached hereto, 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 14th day of .December , i� 9 67 . W. D. ROGER ATTES Lav nia Lowe, -Ci y'Secretary-Treasurer FORM APPROVED: Fred O. Senter, Jr., C' Attorney A G R E E M E N T CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH & COOPER,,INC., CONSULTING ENGINEERS LUBBOCK AND EL PASO, TEXAS FOR ENGINEERING SERVICES ON WASTE WATER RECLAMATION.PLANT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT made, entered into and executed this the 14th day of December , 1967 , by and between the CITY OF LUBBOCK, TEXAS, acting herein, by and through its MAYOR who is duly authorized so to act for and in behalf -of said CITY OF LUBBOCK by Resolution, dated December 14 , 1967, of the CITY COUNCIL of said CITY OF LUBBOCK, hereinafter called the "OWNER", and PARKHILL, SMITH & COOPER, INC., CONSULTING ENGINEERS, of 201 Avenue R, Lubbock, Texas, and 700 Southwest National Bank Building, E1 Paso, Texas, a corporation, which is duly chartered under the laws of the State of Texas and of which all stockholders are registered professional engineers, hereinafter called the "ENGINEER". WITNESSETH, that whereas the Owner intends to construct an additional plant for the reclamation of the City's waste water, such improvements here- inafter being called the "PROJECT". NOW, THEREFORE, the Owner and Engineer, in consideration of the mutual covenants and agreements herein Contained, do mutually agree as follows: T SECTION I - EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer and the Engineer agrees to perform professional engineering services, as specified in this agreement, in connection with the Project, and for having rendered such services, the Owner agrees to pay the Engineer compensation as stated in the sections to follow. The specific items covered by this contract are: A. A trickling filter plant with a capacity of twelve (12) million gallons per day, to be constructed adjacent to the existing South- east Waste Water Reclamation Plant. SECTION II - CHARACTER AND EXTENT OF SERVICES The Engineer shall render the following professional services necessary for the development of the Project. A. Preliminary Phase: 1. Attend preliminary conferences with the Owner regarding the Project. 2. Make a preliminary engineering study and prepare a report on the Project in sufficient detail to indicate clearly the problems involved and the solution thereto available to the Owner; to in- clude preliminary layouts, sketches and cost estimates; and to set forth clearly the Engineer's recommendations. The study and report shall include, but not necessarily be limited to the following; a. A review of previous studies and estimates of future treat - went requirements and a determination of the plant capacity and effluent quality which will be required for irrigation purposes. b. Development of a general plant layout. In developing this layout, all elements of the plant shall be planned to pro- perly provide for economical construction, operation and expansion of plant capacity. In the preliminary studies, as well as in the final design, the Engineer shall take into consideration all local condi- tions and operating requirements. Preliminary designs shall be in sufficient detail to provide the basis for a reasonable precise estimate of cost and for proceeding with final plans ' on work authorized by the Owner. The report shall cover all phases of the study and the characteristics, advantages and disadvantages of the recommended construction. 3. Furnish the Owner twenty (20) copies of the preliminary report, including preliminary layouts and cost estimates. 4. Furnish the Owner sufficient design and engineering data to permit the Owner to prepare an application to the state and federal agencies for a government grant. B. Design Phase 1. Perform field surveys and investigations necessary to collect information required in the design of the Project. 2. Plan and supervise other surveys, soil borings, foundation in- vestigations and tests as may be required for design. 3. Furnish to the Owner, the engineering data necessary for appli- cations for permits required by local, state and federal authorities. 4. Prepare detailed contract drawings and specifications for construc- tion authorized by the Owner. These designs shall in all respects combine the application of sound engineering principles with a high degree of economy and shall be submitted to the applicable state and federal agencies for approval. 5. Prepare detailed cost estimates and proposals for authorized construction, which shall include summaries of bid items and quantities based, insofar as practicable, on the unit price system of bidding. The Engineer shall not be required to guarantee the accuracy of the estimates. 6. Furnish to the Owner all necessary copies of approved plans, specifications, notices to bidders, and proposals. 7. Assist the Owner in the advertisement of the Project for bids. 8.. Assist the Owner in the opening and tabulation of bids for construction of the Project, and recommend to the Owner as to the proper action on all proposals received. 9. Assist in the preparation of formal contract documents for the award of contracts. • Services included in the design phase shall be performed by the Engineer at the option of the Owner. C. Construction Phase 1. Act as the Owner's representative during construction, mak- ing such periodic visits to the site (as distinguished from continuous services of a Resident Project Representative) as may be required to maintain general familiarity with the progress and quality of the work, and to determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services, the Engineer shall endeavor to protect the Owner against defects and deficien-. ties in the work of the contractors, but he does not guaran- tee the performance of their contracts, nor is he responsible for acutal supervision of construction operations. 2. Consult and advise with the Owner during construction. 3. Provide a system of control base lines and bench marks, defined by permanent markers, for the control of construction surveys. The control system shall be of such nature and ex- tent that each element of each project can be laid out without extensive layout surveys being required but it will not be a detailed construction layout system. 4. Furnish the services of a qualified Resident Project Repre- sentative, subject to approval of the Owner, and of such inspectors as may be required who shall be the Owner's on - site representative throughout the construction of the Project. -4- 5. Review shop or working drawings furnished by contractors, for compliance with design concept and with information give in the contract documents. 6. Review all laboratory shop and mill tests of materials and equip- ment for compliance with the specifications. 7. Review monthly and final estimates for payments to contractors, and furnish to the Owner any necessary certifications as to payments to contractors and suppliers. 8. Act as the Owner's representative during the initial operation of the Project by the Contractor's forces and performance of any equipment tests required by the specifications. 9. Perform, in company with other authorized representatives of the Owner, a final inspection of the Project. 10. Revise contract drawings to show the work as actually constructed, and furnish the Owner with one set of reproducible drawings. Services in the construction phase shall be performed by the Engineer at the option of the Owner. D. General The Engineer shall perform the services covered by this Section at his own cost and expense, including the cost of all labor, equipment, professional services and travel within the City of Lubbock or other travel required for the Engineer's own purposes. SECTION III - PERIOD OF SERVICE The services called for in Section II A (Preliminary Phase) of this agree- ment shall be completed and the report submitted within ninety (90) days follow- ing the,receipt by the Engineer of notice to proceed. In the event the Owner elects to have the Engineer to proceed with the de- sign phase, then after conferences with representatives of the Owner for determi- nation of the scope of the Project on which preparation of plans and specifications will be authorized, the Engineer will, upon proper authorization from the Owner, proceed with the performance of the services called for in Section II B (Design Phase) on such schedule as will assure completion of plans and specifications within three hundred sixty-five (365) days. - 5 - Following the award by the Owner of a construction contract or con- tracts, the Engineer will proceed with the performance of the services called for in Section II C (Construction Phase) of this agreement at the Owner's option. This agreement shall remain in force: (1) in the event the Owner elects to have the Engineer proceed with the design phase, for a period which may reasonably be required for the design, award of contracts and construction of the Project, including extra work and any required extensions thereto; or (2) for a period of 12 months after the completion of the services called for either in Section II A (Preliminary Phase) or B (Design Phase), whichever may be perti- nent, in case construction is not commenced. The final acceptance by the Owner of each construction contract on the Project shall serve as evidence of comple- tion, on the part of the Engineer, of all services under this contract, insofar as they pertain to that section of the Project. SECTION IV - COORDINATION WITH THE OWNER The Engineer shall hold periodic conferences with the Owner, or his representatives, to the end that the Project shall have full benefit to the Owner's experience and knowledge of existing needs and facilities, and be con- sistent with his current policies and construction standards. To implement this coordination, the Engineer shall maintain contact with the City Engineer, who shall coordinate the work of the Engineer with other Departments and person- nel of the Owner's organization and make available to the Engineer, for use in planning the Project, all existing plans, maps, field notes, statistics, com- putations and other data in the Owner's possession relative to existing facili- ties and to the Project. SECTION V - COMPENSATION A. Basis of Compensation For and in consideration of the services to be rendered by the Engineer, the Owner shall pay, and the Engineer shall receive - 6 - and accept the compensation hereinafter set forth, for the Pre- liminary, Design and,,Construction Phases of the work. Where the compensation is based on a percentage of construction cost, the compensation for each separate phase shall be based on the "Con- struction cost" of all work authorized .by the Owner at one time, and handled by the Engineer in accordance with this agreement, in- cluding all alternates on which plans are prepared, provided such alternates are included in the plans with the specific approval of the Owner, regardless of whether or)�not such alternates are included in awards of contracts for construction. "Construction cost" is defined as the total cost to the Owner for the execution of the work authorized at one time and handled in each separate phase of engineering services, excluding compensation or other cost for engineering and legal services, the cost of land, rights -of -way, legal and administrative expenses; but including the direct cost to the Owner of all construction contracts, items of construction, including labor, materials, and equipment, required for .the Completed work (including extras) and the total value at site of Project of all labor, materials and equipment purchased or furnished directly by the Owner for the Project. In the event that proposals for construction of any of the work authorized in the Design Phase are received within 90 days after submission of completed contract drawings and specifications to the Owner by the Engineer, the compensation for the correspond- ing services in the Design Phase and the compensation for the corresponding services in the Preliminary Phase shall be adjusted to the "construction cost" as reflected by the lowest acceptable proposal, or lowest bona fide bid, if no contract is awarded. Where no proposals or bona fide bids are received, the Engineer's estimates shall be the basis for final payment for these two phases. No reduction shall be made from the percentage fee on account of penalties or liquidated damages or other sums with- held from the contractor's payments. - 7 Fees computed from the schedules set out below shall, in no case, be less than the maximum fee which would obtain if calculated under the next lower cost bracket. B. Preliminary Phase: Payment for services in the Preliminary Phase shall be a sum equal to one (1) percent of the Engineer's estimate of "construction cost" of all work included in the Preliminary Report. A credit of $4,000.00 will be allowed by the Engineer for services performed by the Engineer and paid for by the Owner, in the preparation of a report entitled "Report on Sanitary Sewerage System and Waste Water Reclama- tion Facilities, City of Lubbock, Texas" dated August 1967. This sum is due and payable upon submission to the Owner of the required report, sketches and estimates, and.upon his acceptance, which shall take place within 30 days after submission of satisfactory and adequate information. C. Design Phase: Payment for services in the Design Phase shall be made to the Engineer upon completion of all services included therein, in a sum equal to a percentage of the "construction cost" of the work authorized by the Owner in this Phase of the Project, as determined by the follow- ing schedule: Construction Cost Percentage Fee $1,500,000 to $1,750,000 4.307. 1,750,000 to 2,000,000 4.107. 2,000,000 to 2,250,000 4.007. 2,250,000 to 2,500,000 3.90% 2,500,000 to 2,750,000 3.80% This sum is due and payable upon submission to the Owner of the completed plans and specifications, and upon his acceptance, which shall take place within 30 days after submission of satisfactory and adequate plans and specifications. D. Construction Phase: Payment for services required.by items (1) through (3) and (5) through (10) of Section II C shall be a sum equal to one (1) percent of the 'construction cost" of the work authorized by the Owner. - 8 - i This sum will be paid in monthly installments in proportion to the construction work completed, on the basis ofthe Engineer's estimates prepared for monthly payments to contractors, plus the actual value of all materials and equipment purchased for or fur- nished directly by the Owner for the Project. Upon completion of all work authorized in the Construction Phase, the Engineer will be paid the remainder of the fee for this phase. Payment for services of resident project representatives as provided in Section II, C, 4, shall be an amount equal to the total payroll cost of applicable salaries and wages times a factor of two (2.00), plus the actual cost of reimbursable ex- penses, not to exceed a total of $20,000.00 for the period of con- struction set forth in the construction contract documents, and shall be due and payable monthly. The payroll cost is defined as the cost of salaries or wages of project representatives or inspectors for time directly chargeable to the Project, plus social security contributions, unemployment, excise and payroll taxes, employment compensation insur- ance, sick leave, vacation and holiday pay applicable thereto. Reim- bursable expenses shall include the travel expense of such project representatives or inspectors, and shall include car allowance, meals, hotel and/or other expenses directly chargeable to the Project. This sum shall be paid monthly. In the event the construction is not com- pleted in the time allowed in the construction contract documents, the payment for services of a resident project representative, if re- *quired after that time, shall be renegotiated at that time. E. Services Not Included in Above Fees: The charges above described in the Preliminary, Design and Con- struction Phases shall provide compensation to the Engineer for all services called for under this agreement to be performed by him, or under his direction, except the services as set forth below. These excluded services, and the compensation to be paid by the Owner to the Engineer for their performance as required, are as follows: 9- Service 1. Actual performance of test borings and other foundation in- vestigations and related analysis, and detailed mill, shop and/or laboratory inspection of materials, or equipment. To be selected, supervised, and paid for by the Engineer. 2. Additional copies of report and additional blue print copies of drawings and specifications over the number required for bidders plus ten copies to be furnished to the Owner. 3. Extra travel required of the Engineer, by the Owner, and authorized by the Owner to points other than Engineer's office and Project location. 4. Assistance to the Owner as expert witness in any litigation with third parties, arising from the development or construction of the Project. 5. Investigation involving detailed consideration of operation, maintenance and overhead expenses; and (unless other- wise agreed) the preparation of rate schedules, earning and expense state- ments, feasibility studies, appraisals, valuations, and material certification of force account construction performed by Owner. Basis of Compensations Actual cow plus 15%. Commercial rates for reproduction and binding. Direct cost of travel, subsistence and lodging. During the life of the contract, compensation to the Engineer shall be negotiated between the Engineer and Owner, provided the Engineer is required to made a special trip for litigation purposes, he shall be at least reimbursed for direct cost of travel, subsistence and lodging. To be negotiated, if required, on a cost plus basis. Payroll costs times a factor of 2.00,. plus the actual costs of reimbursable expenses. 6. Performing land surveys, establishing Actual cost plus 15%. boundaries and monuments, and attendant office work. Surveyor to be selected, supervised and paid for by the Engineer. 10 Payments to the Engineer for authorized services, not in the stipulated fees, will be made monthly, by the Owner, upon presentation, by the Engineer, of monthly statements of such services. SECTION VI - REVISION 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 sub- sequently made by the Owner, which for its proper execution, involves extra services and expenses for changes in, or additions to, the drawings, specifica- tions or other°documents, or if the Engineer is put to labor or other expense by delays imposed on him from causes not within his control, such as by the re - advertisement 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 charges stipulated in this agreement. Compensation for such extra services shall be negotiated on a cost plus basis. SECTION VII - OWNERSHIP OF DOCUMENTS All documents, including original drawings, estimates, specifications, field notes and data are and remain the property of the Engineer as instruments of service. The Owner will be furnished one reproducible copy of the drawings, and one copy of other documents, in consideration of which it is mutually agreed that the Owner will use them solely in connection with the -Project, such as alterations to, repair of or making extensions to individual units of the Project at some later date. Re -use for construction of individual units or components, or for new projects, shall require permission of the Engineer and shall entitle him to further compensation at.a dimishing rate to be agreed upon by,Owner and Engineer. 11 - SECTION VIII - ARBITRATION OF DISPUTES All disputes, claims or questions subject to arbitration under this, contract shall be submitted to arbitration in accordance with the Arbitration Statutes of the State of Texas. The Engineer shall not cause a delay of the work during any arbitra- tion proceedings except by agreement with the Owner. Notice of the demand for arbitration of a dispute shall be filed in writing with the other parties to the contract. The demand for arbitration shall be made within a reasonable time after the dispute has arisen; in no case, however, shall the demand be made later than the time of�final payment except as otherwise expressly stipulated in the contract. Nothing in this paragraph contained is intended to be in derogation of the Arbitration Statutes of the State of Texas, and any notices or demands for arbitration required by these statutes are in addition to the notices to be given as above provided. SECTION IX - TERMINATION The Owner may terminate this agreement at any time by a notice in writing to the Engineer. Upon receipt of such notice, the Engineer shall, un- less the notice directs otherwise, immediately discontinue all services in con- nection with the performance of this agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such order 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 that proportion of the prescribed charges which the services actually performed under this agreement bear to the total services called for under this agreement, less such payments on account as have been previously made. Copies of all completed or partially completed designs, plans and specifications prepared under this agreement shall be deliv- ered to the Owner when and if this agreement is terminated, but subject to the restrictions, as to their use as set forth in Section VII above. 12 - r SECTION X - SUCCESSOR AND ASSIGNMENTS The Owner and the Engineer each binds himself and his partners, successors, executors, administrators and assigns to the other party of this agreement and to the partners, 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 hereto. IN TESTIMONY OF WHICH this instrument has been executed on behalf of the above named Engineer by an officer of the corporation, and has been executed on behalf of the Owner, in two (2) counterparts each of equal force, on the day and year first above written. ATTEST: ayor Fam Am,, ��l ^�_ r1AL l+ttoa�er. City Secret ry PARKHILL, SMITH & COOPER, INC. Consulting Engineers H. tennett Reaves, Sec'y.-Treas.