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HomeMy WebLinkAboutResolution - 031176I - Agreement - PSC - Renovation, Water Treatment Plant - 03_11_1976 (2)KJ/nh RESOLUTION OU19*X 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 enter into an agreement between the CITY OF LUBBOCK and PARKHILL, SMITH & COOPER, covering Engineering Services for the renovation of the Water Treatment Plant, attached here- with 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 t trh day of March , 1976. ROY RXSMAYOR ATTEST: 1, 4 �' Z � A�f ') Treva Phillips, Cit Secretary -Treasurer APPROVED AS TO FORM: Frea O. Senter, Jr. , City AtTorney AGREEMENT CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH & COOPER, INC. CONSULTING ENGINEERS FOR PROFESSIONAL SERVICES STATE OF TEXAS ) c COUNTY OF LUBBOCK ) . THIS IS -AN AGREEMENT made as of ..11thi. day of March , 1976 by and between the CITY OF LUBBOCK, TEXAS, acting herein through its MAYOR who is duly authorized to act in behalf of the CITY OF LUBBOCK, TEXAS by re- solution dated Mjrch`-i1 - , 1976, of the City Council of the CITY OF LUBBOCK, TEXAS (hereinafter called "OWNER") and PARKHILL, SMITH & COOPER, INC., CONSULTING ENGINEERS, of 4010 Avenue R, Lubbock, Texas, a corporation which is duly chartered under the laws of the State of Texas. Owner intends to modify the Lubbock Municipal Water Treatment Plant by converting the three secondary clarifiers to primary clarifiers; installing' clarification equipment in the converted clarifiers and installing the necessary piping, valves and flow control devices to accomplish the conversion. Owner and Engineer in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by Engineer and the payment for those services by Owner, as set forth. herein. Engineer shall serve as Owner's professional engineering representative in those phases of the Project to which this Agreement applies, and will give consultation and advice to Owner during the performance of his services SECTION 1 BASIC SERVICES OF ENGINEER 1-1 GENERAL 1-1.1 Engineer shall perform professional services as hereinafter stated' which include normal -civil, structural, mechanical and electrical engineering ser- vices and normal architectural services incidental thereto. 1-1.A SCOPE OF SERVICES The Engineer shall furnish engineering services for .the design of facilities required to convert the three secondary clarifiers to primary clarifiers including piping, valves, flow splitting devices, clarification equipment and other incidental work necessary to the conversion. 1-2 PRELIMINARY DESIGN PHASE After written authorization to proceed with Preliminary Design Phase, Engi- neer shall: 1-2.1 Confer with the Owner regarding specific flow requirements and other data. 1-2.2 Prepare preliminary design report in letter form. 1-2.3 Based on the information contained in the preliminary design report, submit an opinion of probable cost for the Project including Construction Cost, con- tingencies and compensation for engineering services. 1-2.4 Furnish five copies of the above preliminary design documents and present .and review them in person with Owner. '1-3 FINAL DESIGN PHASE After written authorization to proceed with the Final Design Phase, Engineer shall: 1-3.1 On the basis of the accepted preliminary design documents prepare for incorporation in the Contract Documents, final, drawings to show the character and scope of the work to be performed by contractors on the Project (hereinafter called "Drawings"), and Specifications. v. tx+."^ y 1-3.2 Furnish to Owner such documents and design data as may be required for,, and assist in the preparation of, the required documents so that Owner may obtain ap- provals of such governmental authorities as have jurisdiction over criteria applicabh to the Project, and assist in obtaining such approvals by participating in submission; to and negotiations with appropriate authorities. 1-3.3 Advise Owner of any adjustments to his latest opinion of probable Project'Cost caused by changes in scope, design requirements or Construction Costs and furnish a revised opinion of probably Project Cost based on the Drawings and Specifications. 1-3.4 Prepare -bid forms, notice to bidders, instructions to bidders, general. conditions and supplementary conditions, and assist in the preparation of other re- lated documents. Review these forms with the Owner. 1-3.5 Furnish the Owner the original drawings and typed copies of the Specifi- cations suitable for reproduction by %eroxography. t:= 1-4 BIDDING PHASE After written authorization to proceed with the Bidding Phase, Engineer shall: 1-4.1 Assist Owner in obtaining bids or negotiating proposals for each sepa- rate prime contract for construction or equipment. 1-4.2 Consult with and advise Owner as to the acceptability of subcontractors and other persons and organizations proposed by the prime Contractors) (hereinafter f called "CONTRACTOR (S)") for those portions of the work as to which such acceptability is required by the Contract Documents. 1-4.3 Consult with and advise Owner as to the acceptability of substitute ma- terials and equipment proposed by Contractor(s) when substitution is permitted by the Contract Documents. 1-4.4 Assist Owner in evaluating Bids or proposals. 1-5 CONSTRUCTION PHASE Omitted - To be furnished by Owner. 1-2 ,,.. won SECTION 2 ADDITIONAL SERVICES OF ENGINEER 2-1 If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the following types which are not considered normal or cus- tomary Basic Services; these will be paid for by Owner as indicated in.Section 5.. 2-1.1 Preparation of applications and supporting documents for governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; and assistance in obtaining ap- provals of.authorities having jurisdiction over the anticipated environmental impact of the Project. 2-1.2 Services resulting from significant changes in general scope of the Project or its design including, -but not limited to, changes in size, complexity, Owner's schedule, or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are due to causes beyond Engineer's control. 2-1.3 Preparing to serve or serving as a'consultant or witness for Owner in -any litigation, public hearing or other legal or administrative proceeding•involving the Project. 2-1.4 Additional services in connection with the Project, including services normally furnished by Owner and services not otherwise provided for in this Agreement. 24.5 Preparing documents for alternate bids requested by Owner for -.work • f' which is not executed or documents for out -of -sequence work. 2 - 1 SKGTZON 3 Oti1NXII' S 1111,SVONSIBILITIES Owner shall: 3-1 Provide full information as to his requirements. for.the Project. 3-2 Assist Engineer by placing at his disposal all available information pertinent to the Project including previous reports and any other data relative to design and construction of the Project. 3-3 -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, ma- terials and equipment; appropriate professional interpretations of all 'of the fore going; property, boundary, easement, right-of-way, topographic and utility surveys and property descriptions; zoning and deed restriction; and other special data or consultations not covered in paragraph 2-1; all of which Engineer may rely upon in performing his services. 3-4 Guarantee access to and make all provisions for Engineer to enter upon public and private property as_required for Engineer to perform his services. 3-5 Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by Engineer, obtain advice of an attorney, insurance coun- selor 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. 3-6 Pay all costs incident to obtaining bids or proposals from contractors- 3-7 Provide such legal, accounting, independent cost estimating and insurance coun- seling 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 moneys paid to him under the construction contract. 3 1 ;Woo 4 / wT � 3-8 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 au- thority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to materials, equipment, eltments and systems pertinent to Engineer's services, 3-4 Give prompt `written notice to Engineer whenever Owner observes or otherwise be- comes aware, of any defect in the Project. 3-10 Furnish approvals and permits from all governmental authorities having jurisdic- tion over the Project and such approvals and consents from others as may be necessary for completion of the Project. 3-11 Furnish, or direct Engineer to provide, necessary Additional Services as stipu- lated in Section 2 of this Agreement or other services as required. 3-12 Bear all costs incident to compliance with the requirements of this Section 3. 3-13 Print, collate, bind and furnish to the Engineer for distribution to prospec- tive bidders the Specifications and Plans. 3 - 2 94 SECTION 4 PERIOD OF SERVICE 4-1 The provisions of this Agreement and the various rates of compensation for Engi- neer 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. Engineer's obligation to render services hereunder will extend for a period which may reasonably be required for the design, award of contracts of the Project. s 4-2 If Engineer's services for design 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 as provided in paragraph 5-3.5 for the services delayed or sus- pended. If such delay or suspension extends for more than one year for reasons be- yond Engineer's control, or if Engineer, for any reason is required to render services more than one year after Substantial Completion, the various rates of compensation provided for elsewhere in this Agreement shall be subject to renegotiation. 4 - l PR 7 - _.. .. SECTION ? PAYMENTS TO ENGINEER 5-1 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF ENGINEER 5-1.1 Basic Services - Owner shall pay Engineer for Basic Services rendered under Section 1, the lump sum amount of Fifteen Thousand Dollars ($15,000.00). 5-1.2 Additional Services - Owner shall pay Engineer for Additional Services rendered under Section 2 as follows: 5-1.2.1 General. For Additional Services rendered under paragraphs 2-1.1 through 2-1.4, inclusive (except services as a consultant or witness under paragraph 2-1.3), on the basis of payroll costs times a factor of 2.35 for services rendered by principals and employees assigned to the Project. 5-1.2.2 Serving as a Witness. For the services of the principals and employees as consultants or witnesses in any litigation, hearing or proceeding in accordance with paragraph 2-1.3, at the rate of $340.00 per day or any portion thereof (but compensation for time spent in preparing to appear in any.such litiga- tion, hearing or proceeding will be on the basis provided in paragraph 5-1.2.1). 5-1.3 Reimbursable Expenses - In addition to payments provided for in para- graph 5-1.2, Owner shall pay Engineer the actual costs of all reimbursable expenses, times a factor of 1.15, incurred in connection with all Additional Services. 5-2 TIMES OF PAYMENT 5-2.1 Engineer shall submit monthly statements for Basic and Additional Services rendered and for reimbursable expenses incurred. The statements will be based upon Engineer's estimate of the proportion of the total services actually com-.. pleted at the time of billing. Otherwise, these monthly statements will be based upon Engineer's payroll cost times a factor, Owner shall make prompt monthly payments in response to Engineer's monthly statements. 5 - 1 9 5-3' GENERAL 5-3.1 The Payroll costs used as a basis for payment mean the salaries and wages paid to all personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveymen, designers, draftsmen, specification writers, estimators, other technical personnel, stenographers, typists and clerks; plus the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workmen's compensation, health and retirement benefits, sick leave, vacation and holiday pay applicablethereto. 5-3.2 Reimbursable expenses mean the actual expenses incurred directly in connection with the Project for:. obtaining bids or proposals from Contractor(s); furnishing and maintaining field office facilities; subsistence and transportation of Resident Project Representative, and their assistants; toll telephone calls and telegrams, reproduction of reports, Drawings and Specifications, and similar Project - related items in addition to those required under Section 1; computer time including an appropriate charge for previously established programs; and, if authorized in advance by Owner, overtime work requiring higher than regular rate. 5-3.3 If Owner fails to make any payment due Engineer for services and ex- penses within. sixty days after receipt of Engineer's bill therefor, the amounts due Engineer shall include a charge at the rate of 0.75% per month from said sixtieth day, and in addition Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until he has been paid in full all amounts due him for services and expenses, _ 5-3.4 If this Agreement is terminated by Owner upon the completion of any Phase of the Basic Services, progress payments due Engineer for services rendered through such phase shall constitute total payment for such services. If this Agree- ment is terminated by Owner during any phase of the Basic Services, Engineer will be paid for services rendered during that phase on the basis of payroll costs times a factor of 2.35 for services rendered during that phase to date of termination by principals and employees assigned to the Project. In the event of any termination, Engineer will be paid for all unpaid Additional Services and unpaid reimbursable 5 - 2 expenses, plus all termination expenses. Termination expenses mean reimbursable expenses directly attributable to termination, which shall include an amount computed as a percentage of total compensation for Basic Services earned by Engineer to the date of termination, as follows: 20% if termination occurs after commencement of the Preliminary Design Phase but prior to commencement of the Final Design Phase. 5 - 3 ;r 0 SECTION 6 GENERAL CONSIDERATIONS 6-1 TERMINATION This Agreement may be terminated by either party upon thirty days written no- tice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 6-2 REUSE OF DOCUMENTS All documents including Drawings and Specifications furnished by Engineer pur- suant to this Agreement are instruments of his services 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 specific writ- ten verification or adaptation by Engineer 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 en- title Engineer to further compensation at rates to be agreed.upon by Owner and Engi- neer. 6-3 ESTIMATES OF COST 6-3.1 Since Engineer has no control over the cost of labor, materials or equip- ment, or over the. Contractor(s')'methods of determining -prices, or over competitive bidding or market conditions, his opinions of probable Project Coast or Construction Cost provided for herein are to be made on the basis of his experience and qualifica- tions tions and represent his best _judgment as a design professional familiar with e con- struction industry, but Engineer cannot and does not guarantee that proposals, bids or the Construction Cost will. -not vary from opinions of probable cost prepared by him. If prior to the Bidding Phase,Owner wishes greater assurance as to the Construction Cost, he shall employ an independent cost estimator as provided in paragraph*3-7. 6-4 SUCCESSORS AND ASSIGNS Owner and 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 Owner nor Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent 6 - 1 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, nor shall it be construed as giving any rights or benefits hereunder to anyone other than Owner and Engineer. No Text