HomeMy WebLinkAboutResolution - 082478R - Agreement - Parkhill, Smith & Cooper Inc - Digestors, SWWRP - 08_24_1978KJ:t
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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
to execute for and on behalf of the CITY OF LUBBOCK an agreement between
l the CITY OF LUBBOCK and PARKHILL`, SMITH & COOPER, INC., covering professional
services for Digestors at Southeast Waste Water Reclamation Plant, 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 .24thday of August. 1978.
q-*`)1A0kAW -
D ST, MAYOR
ATT T
Evelyn Gaff g ,City Se cre T asurer
APPROVED AS TO FORM:
hn C. Ross, Jr., City'Attorney
A G R E E M E N T
CITY OF LUBBOCK, TEXAS
AND
PARKHILL, SMITH & COOPER, INC.
CONSULTING ENGINEERS
FOR
PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF LUBBOCK X
THIS IS AN AGREEMENT made as of 24th day of august 1978, 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 resolution
dated august 24 ,, 197", 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 (hereinafter called "ENGINEER").
The Owner has previously completed and submitted to the Texas Department
of Water Resources a Facility Plan and related Step 1 documents prepared under Grant
No. C-48-1252-01-0. The Owner anticipates the award of a Step 2 Grant under Public
Law 92-500 for the design of and preparation of construction drawingsandspecifi
cations for the facilities recommended in the previously prepared Facility Plan.
The Owner now desires to employ the .services of the Engineer for the preparation
of the design and the construction drawings and specifications.
-Owner and Engineer in 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 providing the services 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
The Engineer shall perform all professional engineering services as herein-
after stated which shall include normal civil, structural, mechanical and electri-
cal engineering services and normal architectural services incidental thereto.
The Basic Services of the Engineer shall also include the topographical surveying
and testing laboratory services required for the design of the project.
1-2 SCOPE OF PROJECT
The Engineer shall provide the engineering services required for the design
and for the preparation of construction drawings and specifications for the pro-
ject, including the following items:
1-2.1 Two 400,000 cubic foot anaerobic sludge digesters designed to be oper-
ated in series to provide primary and secondary sludge digestion.
1-2.2 Sludge mixers"in the primary digester.
1-2.3 Sludge heater to maintain optimum temperature in both digesters. The
primary heat source shall be engine jacket water from the existing engine -generator
unit. Secondary sources of heat shall be methane gas from the digesters and either
natural gas or fuel oil.
1-2.4 Methane gas recovery system designed to permit use of the methane as
fuel for the existing engine -generator or for the proposed sludge heater.
1-2.5 A suitable structure for housing„the sludge heater, interconnecting
piping and other auxiliary items.
1-2.6 Incidental work such as site grading, walks and drives, area lighting,
piping and landscaping shall also be included.
1-3 BASIC SERVICES TO BE PROVIDED
After written authorization to proceed with work on the Project the Engineer
shall:
1 - 1
I
L
1-3.1 On the basis of the previously prepared Facility Plan prepare detailed
design, construction drawings and specifications for all work included in the Pro-
ject.
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
approvals of such governmental authorities as have jurisdiction over criteria
applicable to the Project, and assist in obtaining such approvals by participating
in submissions 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 probable 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.
1-3.5 Furnish five copies of the above documents and present and review them
in person with Owner.
1-2
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 customary Basic Services; these will be paid for by Owner as indicated in
Section 5.
2-1.1 Services resulting from significant changes in the general scope of
the Project.
2-1.2 Services resulting from any change in the work resulting from new or
revised rules or regulations issued after the date of this Agreement by the Environ-
mental Protection Agency or other State or Federal agencies which affect the work
being performed under this Agreement.
2-1.3 Services required for revision of completed work when such revisions
are due to causes beyond Engineer's control.
2-1.4 Assistance to the Owner in the preparation of Sewer Use Ordinances,
User Charges, Industrial Cost Recovery Ordinances, Preliminary Plan of Operation
and other similar ordinances, resolutions or documents.
2-1.5 Furnishing the services of special consultants for other than normal
engineering services. Special consultants include, but are not limited to, archeolo-
gists, botanists, and biologists.
2-1.6 Providing land surveys, establishment of boundaries, and preparation
of property or easement descriptions.
2-1.7 Services during out-of-town travel required by Engineer other than visits
to the Project site.
2-1.8 Collection of samples and laboratory analyses required to determine
wastewater quality and flow measurements to determine wastewater quantities.
2-1.9 Furnishing copies of documents in addition to the copies required under
Section 1.
2 - 1
2-1.10 Preparing to serve or serving as a consultant or witness for Owner in
any litigation, public hearing or other legal or administrative proceeding involv-
ing the Project.
2-1.11 Additional services in connection with the Project, including services
normally furnished by Owner and services not otherwise provided for in this Agree-
ment.
2 - 2
SECTION 3
OWNER'S RESPONSIBILITIES
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 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 property, boundary, easement, right-
of-way, 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, and other documents pre
sented by Engineer, obtain advice 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 ser-
vices of Engineer.
3-6 Pay all costs incident to Public Hearings required for the Project.
3-7 Provide such legal, accounting, independent cost estimating and insurance
counseling services as may be required for the Project.
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
authority to transmit instructions, receive information, interpret and define
Owner's policies and decisions pertinent to Engineer's services.
3-9 Furnish approvals and permits from all governmental authorities having juris-
diction over the Project and such approvals and consents from others as may be
necessary for completion of the Project.
3 - 1
3-10 Furnish, or direct Engineer to provide, necessary Additional Services as
stipulated in Section 2 of this Agreement or other services as required.
3-11 Bear all costs incident to compliance with the requirements of this Section 3.
3 - 2
SECTION 4
PERIOD OF SERVICE
4-1 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. Engineer's obligation to render
services hereunder will extend for a period which may reasonably be required for
the design of the project and preparation of construction drawings and specifica-
tions including time for review and approval by appropriate State and Federal
agencies.
4-2 If Engineer's services for 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 Agree-
ment) be paid as provided in paragraph 5-3.3 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 written authorization to proceed has not been issued to
the Engineer by December 31, 1979, the various rates of compensation provided for
elsewhere in this Agreement shall be subject to renegotiation.
4 - 1
SECTION 5
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 a total fee of Eighty -Four Thousand Six Hundred Dollars ($84,600).
5-1.2 Additional Services - Owner shall pay Engineer for Additional Ser-
vices rendered under Section 2 as follows:
5-1.2.1 General. For Additional Services rendered under paragraphs
2-1.1 through 2-1.11, inclusive (except services covered by paragraph 2-1.5 and
services as a consultant or witness under paragraph 2-1.10), Engineer's labor costs
shall be paid for on an hourly basis in accordance with the following schedule:
Firm Principal
Project Engineer
Design Engineer
Engineer -in -Training
Chief Draftsman
Draftsman II
Draftsman III
Typist
$31.51
per
hour
27.31
per
hour
25.12
per
hour
18.52
per
hour
25.12
per
hour
11.22
per
hour
14.17
per
hour
12.33
per
hour
The cost of travel by private automobile required
for any Additional Services shall be reimbursed at the rate of $0.17 per mile.
Reimbursable direct expenses required for Additional Services shall be billed at
cost plus 3% allowance for liability insurance.
In the event Additional Services are required
after December 31, 1979, the above stated rates shall be subject to renegotiation.
5-1.2.2--•-Special Consultants. For services and reimbursable expenses
of special consultants employed by Engineer pursuant to paragraph 2-1.5 - to be
negotiated at the time such services are required.
5-1.2.3 Serving as a Witness. For the services of the principals
and employees as consultants or witnesses in any litigation, hearing or proceeding
5 1
in accordance with paragraph 2-1.10, at the rate of $340.00 per day or any portion
thereof, (but compensation for time spent in preparing to appear in any such liti-
gation, hearing or proceeding will be on the basis provided in paragraph 5-1.2.1).
5-1.2.4 Testing Laboratory. For testing laboratory required to
determine subsurface conditions, the invoice cost of the testing services. The
subsurface testing will be subcontracted to Terra Testing, Inc., a minority business
enterprise. A copy of the various rates for testing is attached as Exhibit A.
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
completed 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.
5-3 GENERAL
5-3.1 Reimbursable expenses mean the actual expenses incurred directly
in connection with the Additional Services required for Project -related items in
addition to those required under Section 1.
5-3.2 If Owner fails to make any payment due Engineer for services and
expenses 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.
5-3.3 If this Agreement is terminated by Owner prior to completion of the
work provided for in this Agreement, Engineer will be paid for services rendered
on the basis of payroll costs times a factor of 2.10 for services rendered 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 expenses, plus all termination expenses. Termination
expenses mean reimbursable expenses directly attributable to termination.
61 '�
SECTION 6
GENERAL PROVISIONS
6-1 GENERAL
The Owner and Engineer agree that the "Required Provisions - Consulting
Engineering Agreements" in Appendix C-1, 40 CFR Part 35, in effect on the date of
execution of this Agreement shall apply to the work performed under this Agree-
ment and these provisions are hereby made a part of this Agreement.
6-2 INSURANCE
The Engineer shall secure and maintain such insurance as will protect him
from claims under the Workmen's Compensation Acts and from claims for bodily injury,
death, or property damage which may arise from the performance of his services
under this Agreement.
6-3 SUCCESSORS AND ASSIGNS
This Agreement shall be binding on the Owner, its successors and assigns, and
on the Engineer, his partners, successors, executors, administrators and assigns.
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 the Owner.
6 - 1
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:
Cit Sec etary
APPROVED AS TO FORM:
c
City Attorney
Owner: CITY OF LUBBOCK, TEXAS
ION
By
Mayor
Engineer: PARKHILL, SMITH & COOPER, INC.
By
Terra Testing Inc.
1212 18th Street Telephone: 806-744.4920
Lubbock, Texas 79401 August 9, 1978
Parkhill, Smith & Cooper, Inc.
4010 Avenue R
Lubbock, Texas 79412
Attn: Mr. H. Bennett Reaves, P.E.
Ref: Subsurface investigation-Digestors
at Southeast Waste Water
Reclamation Plant, Lubbock, Texas
Dear Mr. Reaves:
We are pleased to have been contacted for sub-
surface investigation for the above project. We can
assure you that our services will be satisfactory to
you and to the City of Lubbock.
Enclosed please find a copy of our current
schedule of rates. On page one, first section "Soil
Investigation", you will find all the charge rates
required for the soil investigation. This will be the
firm quote for soil investigation till June 1, 1979 for
the above referred job only.
If you have any questions, please call me.
Yours sincerely
TERRA TESTING INC.,
C.V. Surendran, P.E.
Encl :
CVS/ta
EXHIBIT A
Page 1 of 2
1212 18th Street
Lubbock, Texas 79401
Terra Testing Inc.
GEOTECHNICAL ENGINEERING AND MATERIALS
TESTING SERVICE FEE SCHEDULE
Effective August 1, 1978
SOILS
Soil Investigations
Soil Investigation for foundation designs
Drilling, Field testing, laboratory testing,
engineering analysis and recommendation, and
preperation of final report.
Telephone: 806-744.4920
Charge per foot depth. 11.00
Minimum charge per job ............................ 400.00
Mobilization charge (Drill Rig & Pick-up)
charge per mile ................................... $ 1.50
Staking Test Holes, if necessary,
per hour..............................e........... $ 20.00
Soil Testss
Sampling, per hour........e....................... 20.00
Liquid Limit, Plasticity Index, each .............. 30.00
Above,.and'linear shrinkage, each... .............. 35.00
Above, and volume shrinkage, each....e............ �7.50
Sieve Analysis, with grain size distribution curve 5.00
Hydrometer analysis ..................,............ 6o.00
Percent Passing Sieve #200........................ 25.00
Unified Soil Classification with.
Liquid limit & Plasticity index ................... $ 35.00
Compaction Testss
Sampling, per hour ................................
$ 20.00
Moisture Density relations (Modified)
ASTM Designation D-1557...............•..+••••••••
Moisture Density relations (Standard)
$ 90.00
ASTM Designation D-698............................
$ 75.00
Field Density Testss
In -Place Density - Nuclear Gaugge, Each............
15.00
Minimum 2 density tests per trip ..................
30.00
Density using Sand -Cone ...........................
25.00
Minimum 2 density tests per trip ..................
50.00
EXHIBIT A
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