HomeMy WebLinkAboutResolution - 101068G - Agreement - Parkhill, Smith & Cooper- Engineer Services On Water Treatment Plant - 10_10_1968RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council hereby accepts the proposal of,and authorizes the
Mayor of the City of Lubbock to execute for and on behalf of the City of Lubbock,
an agreement with Parkhill, Smith & Cooper, for Engineering services on modifi-
cation to the City of Lubbockss water treatment plant attached hereto which shall b
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.
assed by the City Council this inry, day -r
ATTEST:
'W"' .1 - - r"; �"' 5 / 2
Lavenia Lowe, ty Secretary -Treasurer
PROVED:
f I
d O. Senter, Jr., City A o ey
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_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 hiving rendered such services, the Owner agrees to pay
the Engineer�compensation-as stated"in the sections to follow: ,
The
specific items covered, by `.this coniract:'are:
Modifications tothe present.waste water return system required to re-
move.the s:ludge..=w accumulating in 'the' waste water holding tatik.
B. .:
Additional 'Vaste-water return 'pumps., to be installed and ;with such
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capacity "so that waste wafer. may be returned to the head of :the plant
:at .varying iratea, less., thaw the rate of the present pumps..,
O..
. Atli• additional i . sl udge .t� kner, 'to be constructed adjacent to the "exist-
ing thickner..
'.1) -
Addition 1 chemical feed equipment..
SECTION II CHARACTER AND .EXTENT OF SERVICES
The
Engineer shall render`the'fol,. 9 professionalservices necessary for
• the 'dtvelopment of tie Project..
A. `.-
Preliminary Phase:.
1.• Attend preliminary conferences with 'the Owner regarding the:.
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Pro
2._ Make a preliminary engineering study and prepare a report on the:
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Project i ''effficien.t detail to indicate clearly the problems
involved a d the solution thereto available to the Owner; to, in;
'it's
,•'clude preliminary sketches and cost estimates; and to ..
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set forth clearly the,Engineera recommendations.
30. :Furnish the Owner, • twenty (20) " copies . of the -preliminary report, ,
includg
in .p � .ry layouts la outs and.cost estimates.
�.:B.., :_
' Des ian Phase e Ji
1.. `Perform :field ;surveys and investigations necessary to collect
information required'in the design Hof the Project.
Plan' ater.urveys2. nsoil borings, foundation in-'"
wes`tigatiotis and tests as ;may .be required for -design.
3.,
Furnish to'.,t e.:tamer, the engineering data necessary for
.application :for permits. required by local, state and federal
.
authoriti .,
4;
Prepare, etaiied :.contract 'drawings and specifications for con-
,....structi
n authorized by.,. the Owner. These designs shall in all
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respects combine' the eapplication of .'sound engineering principles
with `ahigh degree of economy and shall be submitted to the
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applicable• state: and federal agencies for approval. 7
5.
Prepare Aetailed;cost estimates an& proposals for authorized :.
construction, which shill include summaries -of bid items and
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'quantities ..based, insofar as practicable, on the unit price. `
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system of `bidding: The -.Engineer shall not be required to
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guarantee. the ,accuracy of the estimates.
6.
...
Furnish to the Owner.all necessary, copies of approved plans,.
specifications,, ' notices! ;to : bidders, and proposals.
T 7.
'Ass ist the.Owner in the advertisement of the Project for.bids.
81.
"Assist the Owner in.ihe opening and.tabulation of bids for
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construction of ',the Project, and recommend to the Owner as
to the proper .actiozi: on:°all. proposals received.
' ' 9'Assist:.in
the preparation of formal contract documents for',
�.:
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the award :of .contracts.. '
�. �Construction',Phase
1'. .:
Act 1as' the`-Owne t representative during construction, making
such periodic visits to ,'the site (as distinguished from con-
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tinuous services of a.Resident Project Representative) as may
` be requir4 t`01 maintain .general familiarity with'the progress
and quality of :.the work,` 'and to determine in general if the .
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.work is'.'proc4adfiag in accordance with the Contract Documents.
in performing these",. services, the Engineer shall endeavor to
:.;protect 'the Owner against defects .and deficiencies in the work
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of the;.. contractors, liut..he 'does not . guarantee the performance
of- .their contracts,`nor ''is he responsible for actual super-
•:vision.of onstruction operations.
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Construction Phases ofthe work. Where the compensation is based
on a percentage of construction.cost, the compensation for each sepa—
rate phase shall be based on 'the "Construction Cost" of all work,
authorized by the Owner at one time, and handled by the Engineer in
accordance with this greement, including all alternates on which
plans are prepared; rovided such alternates are included in.the
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plans with the spec fic approval of the Owner„ regardless of whether
or not such-altern tes are ..included im awards of contracts for con-
struction. .
"Construction cost As defined as the total cost to the Owner'
for the execut7ii of the work authorized at one time and handled in each
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separate phasf'of.engineer'ing 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, in
clud'in labor materials and equipment, re uired for the completed work
g ;% � q P
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(including extras),and the total value at site of Project of all labor,'
materials and equipment purchased or furnished directly by the Owner
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fot the Project.
In the event that proposals for construction of any of the work
au. horized in the Design Phase: are received within 90 days after . sub-
mission of completed'oontract drawings and specifications to the Owner
by. the Engineer, the compensation for the corresponding services in
' compensation for•the corresponding services
the.,Design Phase'' and ..the
in the Preliminary., Phase shall be adjusted to the "construction cost"
as reflected by.ahe lowest acceptable proposal, or lowest bona fide
bids if no.contract-is, awarded. Where no proposals or bona fide bids
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are received, th0 Engineer's estimates shall be the basis for final
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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 eld from the contractor's payments.
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Fees computed.from the schedules set out below shall, in no case,
be, less than. the- maximum''fee which Vould' obtain if calculated under the
next.lower'cost bracket.
:B.
Preliminary Phase
3layment 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 'iv.. the Preliminary Report.
This sum is due'.and ¢ayable upon submission to the Owner of.the
required report;; iketches:and.estimdtes,.•and upon'his acceptance,
whichshall take. place within; 30 days after submission of satisfactory
and adequate information.;
C
.Desism Phase y •
payment fox services,;`in the Design Phase shall be made to -the
.
Engineer u on c�scnple ion `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-
iiIg schedule: 1
.
Construction Cost Percentage Fee
Less than.$50,000 Salary'Cost x 2.00 plus reimbursable
expenses times a factor of 1.15 .'
$50,000 to $1500000 6.0% '
°
This 'sum is due and' payable upon submission to the Owner of the
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completed plans,and..specificitions, and upon his acceptance, which
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si►a11 take .place within .30 -days after submission of satiefactory.and
adequate': plans and "speci�ficetions
' D'
Construction 'Phase
Payment for services-. required by items (1) through (3) and (5)
through (10) of SectionALZ shall be .a sum equal to two and one-half
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(2.S) percent of the"construction .cost" of the work authorized by �-
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the Owner. _
' This sum: wil"I be •paid ' in ,monthly installments in proportion to
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the construction work completed, on -the basis of the Engineer's esti- ,
mates prepared for 'monthly payments .to contractors, plus the actual '
value of, °all- wateria7s and equipment "purchased • for or furnished .'
a
directly by the Owner foi.'the Project. Upon completion of all work
authorized in the:Construction Phase, the Engineer will be paid the
I remainder of°the fee for this phase. .
Payment for services 1of resident project representatives.as pro-
vided in Section 11, C, 4,'shall be an amount equal to the total pay-
roll cost of.applicable. salaries and wages times a factor of two (2.00),
plus the actual cost.•of reimbursable expenses times a factor of one and
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fifteen -hundredths (1.15), 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 insurance, sick leave, vacation
and holiday pay applicable thereto. Reimbursable expenses shall in-
r
clude 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..
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
undex,his direction, except 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:
Service Basis of Compensations
1. Actual performance.-du.test Actual cost plus 15%0
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 Commercial rates for reproduction
additional blue print Copies of draw- .and binding.
ings;'and specifications over five
copes to be furnished, to.I the.• Owner; :'
Service, _;;.:.
Basis of Compensations
3. Extra travel rkquired''of the..
Direct cost of travel, subsistence
Engineer, by the Owner, and authorized
and lodging.
! by the Owner to'points,other than,...::
Engineer's 6ffice. -and -Project.location.
4.. Assistance to the, Owner as -expert.•:":.. . ,"
During' the life of the contract, -
witness in any, litigation with ,third
compensation to the Engineer shall
parties arising from deve-hpment
'be negotiated between the Engineer
• or 'construction of the Project;
and Owner; provided the Engineer is
required to make a special trip for
litigation purposes, he shall be at
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least,reimbursed for direct cost of
.
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travel, subsistence and lodging. To
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be negotiated, if required, on a cost
y,
plus basis.
5. Investigation involving detailed, ��
Payroll costs times a factor:of 2.00,
consideration of operation,..maintenance...'
plus the actual costs of.reimbursible
and overheadexpenses; and .(unless other-".
'expenses times a factor of 1.15.
wise agreed) the .preparation.of rate
' schedules, earning'and.expense state- ,.;
meets, feasibility studies, appraisals,
valuations, and material certification •`
• of force account construction'performed
by Owner.
• •' 6. Performing land surveyya.,:e6 ablishing_
Actual cost plus 15%.
boundaries and.monuments,`,;and`attendant
office work:.. Surveyor'ta.-be selected,
supgtvised and paid for: by "the Engineer: '
Payments to. -the. Engineer:fox
authorized services, not in the
stipulated fees,', will be made monthly,..by the Owner, upon presentation
by'the Engineer of mopthly statements .of such services.
SECTION VI •'REVIgION.TO'DRWINGS
AND SPECIFICATIONS
The Engineer will makes without expense
X.
to the Owner, such revisions of the
prej,iminary'drawings'as may be:iequired to meet'ahe needs of the Owner, but after
a definite plan has :•been ,:-approved by the Owner, if a decis ion is subsequently
made-by.the Owner, which for`its.,proper.execution, involves extra services and
expenses•for 6 anges.`in,'or additions 'to; the drawing�� specifications or other.
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.'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, unless the
notice directs otherwise, ;immediately 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 termina-
tion, the Engineer shall submit :a.statement, which shall show in detail the ser-
vices actually performed under.'.this agreement`to the date of termination. The
j Owner shall then pay the Engineer.promptly that proportion of the prescribed
char,ges,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 thy::
restrictions, as to. theiruse,. as set: forth in Section VII above.
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 con-
strued 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 executedon behalf of the
above named Engineer by ap officer.of the corporation, and has been executed on
behalf of,the Owner,:isi:two (�) counterparts each
'.of equal force, on the day
and year first above..written.
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