Loading...
HomeMy WebLinkAboutResolution - 2006-R0216 - Engineering Services Agreement - Parkhill, Smith & Cooper, Inc. - 05_11_2006Resolution No. 2006-RO216 May 11, 2006 Item No. 5.20 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, Amendment No. 3 to the Agreement for Engineering Services between the City of Lubbock and Parkhill, Smith & Cooper, Inc. for the paving improvements and widening of 98th Street between Slide Road and Frankford Avenue. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 11th day of ATTEST: Rebecca Garza, City Secretary AS TO CONTENT: im APPROVED AS TO. FORM: ,, . v anaiver, Attiomey o gs/ccdocs/PS&C Amend.-Mes April 20, 2006 Resolution No. 2006-0216 May 11 2006 Item No. 5.20 AMENDMENT NO.3 TO AGREEMENT CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH &COOPER, INC. FOR ENGINEERING SERVICES ENGINEERING SERVICES FOR STREET IMPROVEMENTS: Widen 98`h Street to T-2 arterial from Slide Road to Frankford Avenue and strip -pave two-lane section from Frankford Avenue to Juneau Avenue. THIS IS AN AMENDMENT TO THE AGREEMENT dated May 22, 2003 and entered into by and between CITY OF LUBBOCK, TEXAS hereinafter called "Owner" and PARKHILL, SMITH & COOPER, INC. hereinafter called the "Engineer", of 4222 851h Street, Lubbock, Texas a corporation duly chartered under the laws of the State of Texas. Amendment No. 1 was approved by City Council action on August 16, 2004, Resolution No. 2004-R0397, and Amendment No. 2 was approved by City Council action on August 25, 2005, Contract No. 5438. The purpose of this amendment is to establish the Basic Services and Compensation for professional services associated with the construction period for the widening of 986' Street. Basic Services and Compensation for Basic Services are described in Attachment B and Attachment C. Revisions to insurance coverage requirements are described in Attachment A. Executed in two counterparts (each of which is an original) on behalf of the Engineer by its Vice President shown below and on behalf of the Owner by its Mayor (thereunto duly authorized) this I Ith day of May, 2006. OWNER: ENGINEER: CITY OF LUBBO PARKHILL, SMITH & COOPER, INC. By By (-�� zj,)�k / Marc Mc t ugal ohn . . S. Kelley, P Mayor Vice President ATTEST: By0 Rebecca Garza. City Secretary APPROVED TO CONTENT: B A.,eX1 arty D. Idertel, P.E. City Engineer APPROVED AS TO FORM: By LD6,n'Vanctrver Attorney of Counsel Resolution No. 2006-RO216 May 11, 2006 Item No. 5.20 ATTACHMENT A TO AMENDMENT NO.3 TO AGREEMENT CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH &COOPER, INC. FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Engineering Services for 98 h Street Roadway Construction: Widen 98'h Street to T-2 arterial from Slide Road to Frankford Avenue and strip -pave two-lane section from Frankford Avenue to Juneau Avenue. I. REVISION TO INSURANCE COVERAGE A. Delete ARTICLE 10 — INSURANCE in its entirety from the original agreement, Amendment No. 1, and Amendment No. 2 wherever it appears. B. Replace the deleted Article 10 with the following: ARTICLE 10 - INSURANCE Prior to the time Engineer is entitled to commence any part of the Services under this Agreement, Engineer shall procure, pay for, and maintain the following insurance written by companies licensed in the State of Texas or meeting surplus lines requirements of Texas law and acceptable to Owner. The insurance shall be evidenced by delivery to Owner of one (1) certificate of insurance, executed by the insurer, listing coverage and limits, expiration date and term of policy, and certifying that the insurer is licensed to do business in Texas or meets the surplus lines requirements of Texas law, or by delivery to Owner of a certified copy of each policy, including all endorsements. The insurance requirements shall remain in effect throughout the term of this Agreement. A. General Liability: Engineer's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $500,000 each occurrence and in the aggregate and shall include the following: ■ Bodily Injury and Property Damage ■ Broad Form Contractual Liability ■ Personal Injury and Advertising Injury ■ Fire legal liability ■ Products and complete operations B. Business Automobile Liability: Engineer's insurance shall contain a combined single limit of at least $500,000 per occurrence, and include coverage for, but not limited to, the following: ■ Bodily injury and property damage ■ Any and all vehicles owned, used or hired C. Worker's Compensation and Employers Liability Insurance: Engineer shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. Any termination of workers' compensation insurance coverage by Engineer or any cancellation or non -renewal of workers' compensation insurance coverage for the Engineer shall be a material breach of this Agreement. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Employer's Liability with limits of at least $500,000 each accident, $500,000 by disease policy limit, and $500,000 by disease each employee shall also be obtained and maintained throughout the term of this agreement. D. Other Insurance Requirements Engineer's general liability and auto liability insurance policies through policy endorsement must include wording, which states that the policy shall be primary and non-contributory with respect to any insurance carried by City of Lubbock. The certificate of insurance described must reflect that the above wording is included in evidenced policies. E. Professional Liability Insurance (including errors and omissions) with minimum limits of $1,000,000 per claim. Engineer shall furnish owner certificates of insurance which shall include a provision that such insurance shall not be canceled without at least thirty (30) days written notice to Owner. END ATTACHMENT A Resolution No. 2006-RO216 May 11, 2006 Item No. 5.20 ATTACHMENT B TO AMENDMENT NO.3 TO AGREEMENT CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH &COOPER, INC. FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Engineering Services for 98t' Street Roadway Construction: Widen 98`h Street to T-2 arterial from Slide Road to Frankford Avenue and strip -pave two-lane section from Frankford Avenue to Juneau Avenue. A DESCRIPTION OF SCOPE OF SERVICES The scope of services for this project is as follows under this Amendment No. 3. Work will not proceed until Owner has authorized Engineer in writing to proceed. I. BASIC SERVICES A. DESIGN SERVICES Design services have been completed under the original agreement, Amendment No. 1, and Amendment No. 2. B. BID SERVICES L Bid services have been completed under the original agreement, Amendment No. 1 and Amendment No. 2. C. BASIC SERVICES (CONSTRUCTION PERIOD) 1. Defined Terms: Wherever used in this Agreement (including Attachments hereto), the terms listed below have the meanings indicated, which are applicable to both the singular and plural thereof: a. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Documents. b. Application for Payment —The form acceptable to Engineer which is to be used by Contractor in requesting progress or final payments for the completion of its Work and which is to be accompanied by such supporting documentation as is required by the Contract Documents. c. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. d. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form and attachments, the Bid bond, if any, the proposed Contract Documents, and all Addenda, if any. e. Change Order —A document recommended by Engineer which is signed by Contractor and Owner to authorize an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Construction Agreement. f. Construction Agreement —The written instrument which is evidence of the agreement, contained in the Contract Documents, between Owner and Contractor concerning the Work. g. Construction Contract —The entire and integrated written agreement between the Owner and Contractor concerning the Work. h. Continuous Observation —Observation of construction on a basis that is sufficient to reasonably assure substantial compliance with the plans and specifications and is considered continuous as opposed to intermittent observation. Personnel performing continuous observation are not required to be on a specific site 100 percent of the time, but may leave a specific site for indefinite periods of time to observe other sites, observe other portions of project work, perform other assignments, or leave the site if no work is being performed that, in the opinion of the Engineer, requires observation. i. Continuous Presence —See Continuous Observation. j. Contract Documents -Documents that establish the rights and obligations of the parties engaged in construction and include the Construction Agreement between Owner and Contractor, Addenda (which pertain to the Contract Documents), Contractor's Bid (including documentation accompanying the Bid and any post -Bid documentation submitted prior to the notice of award) when attached to the Construction Agreement, the notice to proceed, the bonds, appropriate certifications, the General Conditions, the Special Conditions or Special Provisions, the Specifications and the Drawings as the same are more specifically identified in the Construction Agreement, together with all Written Amendment, Change Orders, Work Change Directives, Field Orders, and Engineer's written interpretations and clarifications issued on or after the Effective Date of the Construction Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. k. Construction Contract Times —The numbers of days or the dates stated in the Construction Agreement to: (i) achieve Substantial Completion, and (ii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 1. Contractor —An individual or entity with whom Owner enters into a Construction Agreement. m. Correction Period —The time after Substantial Completion during which Contractor must correct, at no cost to Owner, any Defective Work, normally one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee or specific provision of the Contract Documents. n. Defective —An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty, or deficient, in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to Engineer's recommendation of final payment. o. Documents —Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by Engineer to Owner pursuant to this Agreement. p. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by contractor. Shop Drawings are not Drawings as so defined. q. Effective Date of the Construction Agreement —The date indicated in the construction Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Construction Agreement is signed and delivered by the last of the two parties to sign and deliver. r. Engineer's Consultants —Individuals or entities having a contract with Engineer to furnish services with respect to this Project as Engineer's independent professional associates, consultants, subcontractors, or vendors. The term Engineer includes Engineer's Consultants. S. Field Order —A written order issued by Engineer which directs minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. t. General Conditions —That part of the Contract Documents which sets forth terms, conditions, and procedures that govern the Work to be performed or furnished by Contractor with respect to the Project. u. Intermittent Observation --Observation of construction on a basis such that specific milestones of construction progress are observed for substantial compliance with the plans and specifications prior to beginning work toward the next milestone. An example is checking steel reinforcement placement prior to concrete being placed, but not being on -site continuously while the reinforcement is being assembled. V. Intermittent Presence —See Intermittent Observation. w. Record Drawings —The drawings as issued for construction on which the Engineer, upon completion of the Work, has shown changes due to Addenda or Change Orders and other information Engineer considers significant based on record documents furnished by Contractor to Engineer and which were annotated by Contractor to show changes made during construction. x. Resident Project Representative —The authorized representative of Engineer, assigned to assist Engineer at the Site during the Construction phase. The Resident Project Representative will be Engineer's agent or employee and under Engineer's supervision. As used herein, the term Resident Project Representative includes any assistants of Resident Project Representative agreed to by Owner. y. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. z. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to Engineer to illustrate some portion of the Work. aa. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, rights -of -way and easements for access thereto and such other lands furnished by Owner which are designated for use of Contractor. bb. Specifications —that part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. cc. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. dd. Special Provisions —That part of the Contract Documents which amends or supplements the General Conditions. Also may be referenced as Special Conditions. ee. Work —The entire completed construction or the :various separately identifiable parts thereof required to be provided under the Contract Documents with respect to this Project. Work includes and is the result of performing or furnishing labor, services, and documentation necessary to produce such construction and furnishing, installing, and incorporating all materials and all equipment into such construction, all as required by the Contract Documents. ff. Work Change Directive —A written directive to Contractor issued or on after the Effective Date of the Construction Agreement and signed by Owner upon recommendation of the Engineer, ordering an addition, deletion, or revision in the work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Time but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. gg. Written Amendment —A written amendment of the Contract Documents signed by Owner and Contractor on or after the Effective Date of the Construction Agreement and normally dealing with the non -engineering or non -technical rather than strictly construction -related aspects of the Contract Documents. D. BASIC SERVICES SCOPE 1. Upon award of a construction contract to a Contractor, and upon written authorization from Owner, Engineer shall: a. General Administration of Construction Contract -Consult with Owner and act as Owner's representative as authorized by Owner. b. Resident Project Representative (RPR)—Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor's work. Duties, responsibilities, and authority of the RPR are as set forth in this Agreement. The furnishing of such RPR's services will not extend Engineer's responsibilities or authority beyond the specific limits set forth elsewhere in this Agreement. c. Pre -Construction Conference —Participate in a Pre -Construction Conference prior to commencement of Work at the Site. d. Visits to Site and Observation of Construction --In connection with observations of - Contractor's work in progress while it is in progress: (1) Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress or to involve detailed inspections of Contractor's work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and such observations, Engineer will determine in general if Contractor's work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. (2) Perform periodic construction materials testing as spot checks of the Contractor's work and Contractor's testing agency. The bulk of the construction materials testing will be performed by the Contractor's testing agency. (3) Engineer shall not, during such visits or as a result of ;such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. e. Defective Work --Recommend to Owner that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, Engineer believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. f. Clarifications and Interpretations; Field Orders --Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Engineer may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. g. Change orders and Work Change Directives --Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. h. Shop Drawings and Samples --Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety, precautions and programs incident thereto. i. Substitutes and "or -equal --"Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor. j. Inspections and Tests --Require such special inspections or tests of Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Engineer's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents. k. Disagreements between Owner and Contractor --Render formal written decisions on all claims of Owner and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of Contractor's work. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 1. Applications for Payment --Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: (1) Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review, that, to the best of Engineer's knowledge, information and belief, Contractor's work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe Contractor's work. In the case of unit price work, Engineer's recommendations of payment will include final determinations of quantities and classifications of Contractor's work (subject to any subsequent adjustments allowed by the Contract Documents). in. Contractor's Completion Documents. (1) Receive and review maintenance and operating instructions, schedules, and guarantees. (2) Receive bonds, certificates, or other evidence of insurance not previously submitted and required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples, annotated record drawings, and other data which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. (3) Engineer shall transmit these documents to Owner. n. Substantial Completion --Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, conduct an inspection to determine if the Work is Substantially Complete. If after considering any objections of Owner, Engineer considers the Work Substantially Complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. The certificate of Substantial Completion shall not be issued so long as major items of Work remain to be completed. Normally, only minor "punch list" items that do not affect the function of the Work can remain when a substantial completion certificate is issued. o. Final Notice of Acceptability of the Work --Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide "Notice of Acceptability of Work" that the Work is acceptable to the best of Engineer's knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. Such notice shall not be issued until all items of the Work, including "punch list" items, are satisfactorily completed. 2. Duration of Construction Phase. The Construction Phase will commence with the execution of the first Construction Agreement for the Project or any part thereof and subsequent notice to proceed from Owner to Engineer, and will terminate upon written recommendation by Engineer for final payment to Contractors and subsequent delivery of record drawings to Owner. In no case shall the duration of the construction phase exceed the duration in this Attachment B without modification of the professional services agreement and schedule. 3. Limitation of Responsibilities. Engineer shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. Engineer shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. 4. Resident Project Representative This section of the Agreement defines the duties, responsibilities and limitations of authority of Resident Project Representative. a. Engineer shall furnish Resident Project Representative ("RPR"), assistants, and other field staff to assist Engineer in observing progress and quality of the Work. b. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the RPR and assistants, Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the Work. However, Engineer shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the Contractor's Work nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected by Contractor, for safety precautions and programs incident to the Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's performing and furnishing the Work, or responsibility of construction for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. c. The duties and responsibilities of the RPR are limited to those of Engineer in this Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: (1) General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. (2) Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. (3) Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. (4) Liaison: ■ Serve as engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. ■ Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. (5) Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. (6) Shop Drawings and Samples. ■ Record date of receipt of Samples and approved Shop Drawings. ■ Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. ■ Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. (7) Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. (8) Review of Work and Rejection of Defective Work: ■ Conduct on -Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. ■ Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. (9) Inspections, Tests, and System Startups: ■ Consult with Engineer in advance of scheduled major inspections and tests of important phases of Work. ■ Verify that tests, equipment, and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. ■ Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups. ■ Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. (10) Records: ■ Maintain at the Site or at PSC offices orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, - Addenda, additional Drawings issued subsequent to the execution of the Contract, engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. ■ Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures: and send copies to Engineer. ■ Record names, addresses and telephone numbers of Contractors, subcontractors, and major suppliers of materials and equipment. ■ Maintain records for use in preparing Project documentation. ■ Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. (11) Reports: ■ Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. ■ Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. ■ Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. ■ Report immediately to Engineer the occurrence of any Site accidents, any hazardous environmental conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. (12) Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. (13) Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. (14) Completion: ■ Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. ■ Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. ■ Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. ■ Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. (15) Resident Project Representative shall not: ■ Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). ■ Exceed limitations of Engineer's authority as set forth in this Agreement or the Contract Documents. ■ Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. ■ Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. ■ Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. ■ Participate in specialized field or laboratory tests or inspections conducted off -site by others except as specifically authorized by Engineer. Accept Shop Drawing or Sample submittals from anyone other than Contractor. ■ Authorize Owner to occupy the Project in whole or in part. Frequency of Construction Observation and Coordination a. The frequency of construction observation and coordination is dependent on the Contractor's schedule, type of operation being performed, demonstrated quality of work, compliance with the plans and specifications, and site conditions. b. The Engineer shall perform continuous or intermittent observation, as the Contractor's quality of work dictates, of the following typical construction activities expected for the Project: (1) Laying of storm sewer pipe and adjacent trench backfilling. (2) Excavation and backfill. (3) Geogrid placement. (4) Grouting of storm sewer pipe in tunnels. (5) Tunneling operations for tunnel excavation and tunnel grouting where direct push or two -pass methods are used. (6) Placement of concrete for pavements and inlets. (7) Placement of rock riprap. (8) Placement of street flexible base and asphalt stabilized base. (9) Placement of hot -mix asphaltic -cement concrete pavement. (10) In -place storm sewer pipeline watertightness and leakage tests. (11) Preparation of surface for seeding and sod placement to include fertilizer application to subgrade. (12) Seeding operations to include placement of seed. (13) Pavement markings. (14) Signs. c. The Engineer shall perform intermittent observation of the following typical construction activities expected for the project: (1) Construction materials field tests for density of soils, density of hot -mix asphalt pavement, compressive strength of concrete, air content of concrete, slump of concrete, and other such types of field testing called for in the Contract Documents. (2) Headwall construction involving excavation phase, subgrade preparation, reinforcing steel placement, formwork and backfill. (3) Inlet construction involving excavation phase, subgrade preparation, reinforcing steel placement, formwork, and backfill. (4) Construction, field testing and operational testing of check valve structures. Includes excavation and backfill. (5) Fence repair and construction. (6) Solid sod placement for areas receiving sod. (7) Manhole construction. (8) Setting and anchoring of grates. (9) Temporary items such as: ■ Traffic control devices. ■ Storm water pollution prevention devices. ■ Cofferdams. ■ Temporary facilities and controls. ■ Project cleanup. (10) Pipe joint leakage tests and strength tests at manufacturer's facilities. (11) Portland cement concrete pavement and curb -and -gutter subgrade, formwork, applicable dowels and finishes. (12) Tunneling operations for tunnel excavation and tunnel grouting where primary tunnel liner methods are used or geology is such that allow intermittent observation and confirmation. E. POST -CONSTRUCTION PERIOD SERVICES Record Drawings. Prepare record drawings from information and drawing markups supplied by Contractor. F. DELIVERABLES 1. One reproducible set of record drawings delivered to Owner. 2. One non -reproducible set of record drawings delivered to Owner. 3. Compact discs containing the electronic files of the record drawings delivered to Owner. 4. One set of RPR inspection logs delivered to Owner. 5. Owner copies of Contractor submittals. G. SUPPLEMENTAL CONSTRUCTION PERIOD SERVICES None. H. SCHEDULE Schedule for services is enclosed as Exhibit B, Actual Engineer's schedule is contingent on construction Contractor's prosecution of the work and schedules and will be adjusted accordingly. Engineer has no authoritative control over construction Contractor's progress, or over construction Contractor's schedule. I. ADDITIONAL SERVICES 1. At the request of the Owner, the Engineer will provide Additional Services as included herein or upon agreement between Owner and the Engineer defining the extent of such Additional Services and the amount and manner in which Engineer will be compensated for such Additional Services. 2. Additional Services may include but are not limited to: a. Providing construction, property or other special field surveys. b. Construction materials testing services beyond spot checking of the work. c. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. d. Excessive presence on the project or on project -related items above the man-hour allowances in Exhibit A-1. 3. Any work requested by the Owner that is not included in one of the items listed in any other place will be classified as Additional Services. 4. Additional services may be authorized by a notice -to -proceed in writing from the City Engineer and addressed to the Engineer. END ATTACHMENT B Resolution No. 2006-RO216 May 11, 2006 Item No. 5.20 ATTACHMENT C TO AMENDMENT NO.3 TO AGREEMENT CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH &COOPER, INC. FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Engineering Services for 98'h Street Roadway Design and Bid: widen 981h Street to T-2 arterial from Slide Road to Frankford Avenue and strip -pave two-lane section from Frankford Avenue to Juneau Avenue. COMPENSATION Construction Period Services For these services covered by this Agreement, the Owner agrees to pay the Engineer as follows: A. GENERAL The Engineer will be paid on an hourly rate basis shown in Table C-1 and subcontract personnel services will be billed at cost. Engineer and subcontractor reimbursable expenses will be billed at cost plus 15 percent surcharge. Reimbursable expenses are shown in Table C-1. The listed hourly rates supersede those in the original agreement and prior approved amendments. 2. The Engineer agrees to use its best efforts to perform services as defined herein within the billing limits stated below. 3. It is understood and agreed that the maximum billings of each of the items listed below are based on the start of Services being authorized not later than June 15, 2006. If start of Basic Engineering Services is not authorized by date given, it is understood and agreed that the upper billing limit will be adjusted accordingly by a supplement to this Agreement. 4. Monthly payments shall be made to the Engineer by the Owner based on Engineer's statement. The statement shall be itemized to indicate the amount of work performed and the associated reimbursable expenses and subcontract costs. 5. The uncontested amount of each statement shall be due and payable upon receipt by the Owner. Carrying charges of 1-1/2 percent per month from the billing date shall be due for accounts that are not paid within 60 days after the billing date. 6. The Engineer shall keep records on the basis of generally accepted accounting practices of costs and expenses and which records shall be available for inspection by Owner during normal business hours. B. BASIC ENGINEERING SERVICES The maximum billed for Basic Engineering Services including personnel services and reimbursable expenses for the Engineer and Subcontractors is shown as follows: Basic Personnel Services Parkhill, Smith & Cooper, Inc. $ 1,463,472.00 Hugo Reed and Associates, Inc. $ 79,388.00 Dyess-Peterson Testing Laboratory, Inc. Kleinfelder, Inc. S&W Foundation Contractors, Inc. TOTAL BASIC CONSTRUCTION PERIOD SERVICES NOT TO EXCEED WITHOUT AUTHORIZATION 2. Agreement Summary for Engineering Services: Original Basic Services Agreement $ 814,272.00 Amendment No. 1 (Schedule only) $ 0.00 Amendment No. 2 $ 608,916.00 Amendment No. 3 (Design, Bid Phase) $ (300,000.00) Amendment No. 3 (Construction Period) $1,896,797.00 Total, Original Agreement plus Amendments to date, not to exceed amount: $3,019,985.00 Basic Reimbursable Expenses $ _67,11.5.00 $ 12,194.00 $ 99,876.00 $ 99,330.00 $ 75,422.00 $ 1,896,797.00 The $300,000.00 deduction listed above reflects completion of the design and bid phase services under budget, and the release and return to the Owner for other uses of this unused contract budget amount. C. ADDITIONAL SERVICES Additional services must be authorized in writing by the Owner. 1. The maximum billed for Additional Services will be determined by mutual consent before the Additional Services are authorized by the Owner. 2. The Engineer shall start the performance of the authorized Additional Services within ten (10) days of receipt of notice to proceed and will complete the Additional Services within the time period determined by mutual consent before the Additional Services are authorized by the Owner. TABLE C-1 PERSONNEL SERVICES RATES AMENDMENT NO.3 TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Engineering Services for 98`h Street Roadway Design and Bid: widen 98"' Street to T-2 arterial from Slide Road to Frankford Avenue and strip -pave two-lane section from Frankford Avenue to Juneau Avenue. COMPENSATION RATES Hourly fees listed herein will apply until March 31, 2008. Hourly fees shall be adjusted beyond March 31, 2008 by multiplying the hourly fee by the Consumer Price Index increase published on or after January 1, 2007 and each successive year thereafter. A. PERSONNEL SERVICES Category of Personnel /HR Parkhill. Smith & Coouer. Inc. Principal -in -Charge $151.00 Project Manager $129.00 Senior Professional Engineer $114.00 Professional Engineer $98.00 Engineer -In -Training $83.00 Technician/Designer $75.00 Drafter/CADD Operator $68.00 Clerical $40.00 Hugo Reed and Associates Principal -in -Charge or Officer $126.00 Project Manager $121.00 Senior Engineer $110.00 Professional Engineer $99.00 Engineer -In -Training $84.00 Senior Engineering CADD Technician $74.00 Technician/Designer $74.00 Drafter/CADD Operator $74.00 Clerical $40.00 B. REIMBURSABLE EXPENSES The following expenses are reimbursable: l . Travel, subsistence and incidental costs. 2. Use of motor vehicles on a monthly basis for assigned vehicles and on a current mileage basis or rental cost basis for vehicles used for short periods. 3. Telegraph costs, long distance telephone costs and project "onsite" telephone costs. 4. Reproduction of reports, drawings and specifications. 5. Postage and shipping charges for project -related materials. 6. Computer time charges, including program use charges. 7. Rental charges for use of equipment. 8. Cost of acquiring any other materials or services specifically for and applicable to only this Project. END ATTACHMENT C ATTACHMENT D TO AMENDMENT NO.3 TO AGREEMENT CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH &COOPER, INC. FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Engineering Services for 98 h Street Roadway Design and Bid: widen 98 h Street to T-2 arterial from Slide Road to Frankford Avenue and strip -pave two-lane section from Frankford Avenue to Juneau Avenue. OWNER'S RESPONSIBILITIES The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items: 1. Access to all maps, drawings, reports, records, audits, annual reports and other data that are available in the files of the Owner and which may be useful in the work involved under this Contract. 2. Secure permission to enter upon public and private property when required in performance of the Engineer's services. Access to existing property, boundary, easement, right-of-way, utility surveys and property descriptions. 4. Full disclosure regarding the Project. 5. A Project Manager fully acquainted with the Project who has authority to approve changes in the Project within the delegated authority of the Project Manager, render decisions promptly, and furnish information in a reasonable time frame. It is recognized that certain changes or decisions will require City Manager and/or City Council approval. 6. Pay all costs for advertising and reproduction incident to advertising public meetings except for those public meetings advertisements which the Engineer is obligated to perform under Basic or authorized Supplemental Services. 7. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Engineer, obtain advice of an attorney, insurance counselor and other consultants as Owner 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. 8. Provide such legal accounting, independent cost estimating and insurance counseling services as may be required for the Project and such auditing services as Owner may require to ascertain how or for what purpose any contractor has used the monies paid to him under the construction contract. 9. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of any defect in the Project. 10. Cooperate with Engineer in securing preliminary approvals and consensus from the 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 Supplemental Services as stipulated in Attachment B of this Agreement or other services as required. 12. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of a hazardous environmental condition or of any other development that affects the scope or time of performance of Engineer's services, or any defect or nonconformance in Engineer's services or in the work of any Contractor. 13. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer. 14. Bear all costs incident to compliance with the requirements of this Attachment D. END ATTACHMENT D ATTACHMENT E TO AMENDMENT NO.3 TO AGREEMENT CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH &COOPER, INC. FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Engineering Services for 98`h Street Roadway Design and Bid: widen 98`h Street to T-2 arterial from Slide Road to Frankford Avenue and strip -pave two-lane section from Frankford Avenue to Juneau Avenue. ENGINEER'S RESPONSIBILITIES I. The Engineer's responsibilities under this agreement are shown in Exhibit A-1 for Basic Construction Period Services. II. The Engineer's responsibilities shown in Exhibit A-1 are congruent with the Scope of Services given under Attachment B. END ATTACHMENT E AMENDMENT NO.3 TO AGREEMENT EXHIBIT A-1 BASIC CONSTRUCTION PERIOD SERVICES TASKING, MAN-HOURS, REIMBURSABLES, AND SUBCONTRACTORS CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR CONSTRUCTION Phase -- ENGINEER'S RESPONSIBILITIES 98TH STREET ROADWAY AND DRAINAGE IMPROVEMENTS, SLIDE ROAD TO JUNEAU AVENUE ESTIMATE OF MAN-HOURS, WORKSHEET 1 BASIC SERVICES, ESTIMATE OF MAN-HOURS AND TASKS FOR 98TH STREET ROADWAY AND DRAINAGE IMPROVEMENTS CONSTRUCTION Hie: construct -Budget -Basic mar 2006.xls EXHIBIT A-1 13-Apr-06 04:00 PM Firm Task Prin. Proj. Sr. Prof. Reserved Reserved EIT achnicion" Drafter Clerical Total Total or Mgr. I Engr. Engr. or or CADD Hours Extension Officer Designer Operator I$1 PSC «««««« Rates »»»»»» $151.00 $129.00 $114.00 $98.00 $83.00 $75.00 $68.00 $40.00 HR (RaL4ahareina�apfajpcteaiai+eY$gad,ft�ipaCte@ sgn $126.00 $121.00 $110.00 $99.00 $84.00 $74.00 $74.00 $40.00 reament, iQd tt t ,6 # cu art rates x A ': olrSteUat10t1 P9 • • includes Senior Engineering CADD Technician classification Prepare for and attend preconstruction conference, Coordination with owner and contractor throughout construction period, I Attend scheduled progress meetings, I _ Provide RPR's during normal work hours Monday -Saturday as work hours are defined in the specifications 1 RPR for up to 10 hours per day, Mon -Fri, for a 24-calendar month construction period I The same RPR as above up to 10 hours per day on Saturdays for a 24-calendar month construction period Construction performance time indicates concurrent sites, 2nd RPR allowance for the equivalent of six days per week for 15-calendar months, 8 hours per day average RPR time for the 4 months after construction to assist with project wrap-up, record drawings and deliverables Engineer to supervise own staff and make site visits, issue clarifications, recommend correction of defective work, I prepare field orders, prepare change orders, provide meeting documentation, recommend work change directives, evaluate or -equal and substitution items, arrange for field quality control spot check tests, observe field quality control tests, render opinions in case of dispute between owner and contractor, process and forward to owner and contractor progress payment requests, recommend quantities to be paid in accordance with specifications, review contractor submittals, I review contractor re -submittals, review field quality control tests, maintain daily inspection logs or reports, maintain submittal log, issue substantial completion document when appropriate, issue notice of acceptability of work when appropriate as defined under Basic Services. Services that require project site presence or extensive work on project -related items that cause the allownces shown herein to be exceeded are defined as Additional Services. I Provide 1 RPR at project site location subject to the time limitations above. Continuous or intermittent presence as defined in the agreement and dependent on the Contractor's quality of work for the following items. I I I I I I RPR can be absent from 'continuous presence sites" (in accordance with the definition of continuous observation in the agreement) that are listed below to check on portions of the work that only need intermittent presence and observation. 1. Laying of storm sewer pipe and adjacent trench backfilling I 2. Grouting of storm sewer pipe in tunnels 3. Tunneling operations for tunnel excavation and tunnel grouting where direct push or two pass methods are used. 4. Placement of concrete. 13. Geogrid placement. 5. Placement of rock riprep. 14. Geogrid gravel layer placement. 6. Placement of street flexible base and asphalt stabilized base. 7. Placement of hot -mix asphaltic cement concrete pavement. B. In -place storm sewer pipeline watertightness and leakage tests. 9. Preparation of ground surface for seeding and sod placement to include fertilizer application to subgrade. 10. Seeding operations to include placement of seed. 11. Mass excavation and backfill. 12. Anchoring of rings and covers to specified manholes. (Continued next page) Basic Services Page 1 of 4 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR CONSTRUCTION Phase -- ENGINEER'S RESPONSIBILITIES 98TH STREET ROADWAY AND DRAINAGE IMPROVEMENTS, SLIDE ROAD TO JUNEAU AVENUE ESTIMATE OF MAN-HOURS, WORKSHEET 1 BASIC SERVICES, ESTIMATE OF MAN-HOURS AND TASKS FOR 98TH STREET ROADWAY AND DRAINAGE IMPROVEMENTS CONSTRUCTION File: Construct -Budget -Basic Mar 2006.xis EXHIBIT A-1 13-Apr-06 04:00 PM Firm Task Prin. Proj. Sr. Prof. Reserved Reserved EIT echnician•• I Drafter Clerical Total Total or Mgr. Engr. Engr. I or or CADD Hours Extension Officer Designer_ Operator 0) PSG <<<<<<<<<<<< Rates >>>>>>>>>>>> $151.00 $129.00 $114.00 $98.00 $83.00 $ 75.00 068.00 $40.00 HR 4Aate# It inar�pCoj@atsd sv�r ;tp , t 2 1 3; Ali s.Ia: � =f es $126.00 $121.00 $110.00 $99.00 $84.00 $74.00 $74.00 $40.00 Provide intermittent observation of the following items: 1. Construction materials field tests for density of soils, density of hot -mix asphalt pavemment, compressive 15. Water valve box adjustments. strength of concrete, air content of concrete, slump of concrete, and other such types of field testing called 16. Potable water pipeline construction. for in the Contract Documents. I I I I 2. Headwall construction involving excavation phase, subgrade preparation, reinforing steel placement, formwork and backfill. 3. Inlet construction involving excavation phase, subgrade preparation, reinforcing steel placement, formwork, and backfill. 5. Construction, field testing, and operational testing of check valve structures. Includes excavation and backfill. 5. Fence repair and construction 6. Solid sod placement for areas receiving solid sod. 7. Manhole adjustments. S. Manhole construction. 9. Setting and anchoring of grates. 10, Temporary items such as: a. Traffic control devices b. Storm water pollution prevention control devices. C. Cofferdams, if called for in the plans, d. Temporary facilities and controls. e. Project cleanup. 11. Pipe joint leakage and pipe strength tests at manufacturer's facilities. 12. Pavement marking application. I 13. Portland cement concrete pavement and curb and gutter subgrade, formwork, applicable dowels, and finishes. 14. Tunneling operations for tunnel excavations and tunnel grouting where primary tunnel liner methods are used or geology is such that allow intermittent observation and confirmation. Note: RPRs can leave the continuous observation sites to provide intermittent observation on the intermittent observation sites. A.-' •Estimate of Man Hours, dusiva:a 777 ttaAs .. Items as listed above except for individual task breakouts as listed below in the subheadings. PSC Prime consultant 64 1,800 1,500 1,150 9,990 290 14,794 $1,245,164 HRA Subconsultant 28 80 204 204 64 580 $52,220 Basic Services Page 2 of 4 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR CONSTRUCTION Phase -- ENGINEER'S RESPONSIBILITIES 98TH STREET ROADWAY AND DRAINAGE IMPROVEMENTS, SLIDE ROAD TO JUNEAU AVENUE ESTIMATE OF MAN-HOURS, WORKSHEET 1 RASW ARV/ _ c, ESTIMATE OF MAN-HOURS AND TASKS FOR 98TH STREET ROADWAY AND DRAINAGE IMPROVEMENTS CONSTRUCTION File: Construct -Budget -Basic Mar 2006.xis EXHIBIT A-1 13-Apr-06 04:00 PM Firm Task Prin. Proj. Sr. Prof. Reserved Reserved EIT achnician•' Drafter Clerical Total Total or Mgr. Engr. Engr. or or CADD Hours Extension Officer Designer Operator M PSC «««««« Rates »»»»»» 4151.00 4129.00 $114.00 $98.00 $83.00 $75.00 $68.00 $40.00 HR -�IRates berms s e projooil' XerBgea,fw, ntlRr _,t@0 -1P of $126.00 $121.00 $110.00 999.00 @84.00 874.00 $74.00 540.00 reamerit rind. See Att B.fgr r" B. Esfiinete, of Meirt�Hours-tr# Stttrltt , ? '' Estimate in excess of 8.000 submittals. Majority will be soil compaction density reports and asphalt & concrete field QC reports performed by testing lab technicians, the Contractor or the Engineer's testing lab. Estimate that 150-200 submittals will be reviewed for preconstruction concurrence for hot -mix design, concrete design, pipe laying schedule, rock riprap, filter cloth, etc., etc., etc. Estimate that 20% will be re -submittals. PSG Prime consultant 280 600 940 72 1.892 $175,820 HRA Subconsultant 80 Bo 16 176 $17,360 PSC hii 1 I 1 1 Prime consultant ---- DELETED 24-hour tunneling operations requiring RPR presence will be performed under the Supplemental ` 0 $0 HRA Subconsultant Services "A", Exhibit A-2, for the South Lubbock Drainage Improvements Package No. 1 agreement if authorized 0 $0 by the City Council. Personnel classification rates herein shall apply rather than the Exhibit A-2 Package No. 1 rates. PSC Prime consultant DELETED 0 $0 HRA Subconsultant 0 $0 Basic Services Page 3 of 4 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR CONSTRUCTION Phase -- ENGINEER'S RESPONSIBILITIES 98TH STREET ROADWAY AND DRAINAGE IMPROVEMENTS, SLIDE ROAD TO JUNEAU AVENUE ESTIMATE OF MAN-HOURS, WORKSHEET 1 BASIC SERVICES, ESTIMATE OF MAN-HOURS AND TASKS FOR 98TH STREET ROADWAY AND DRAINAGE IMPROVEMENTS CONSTRUCTION File: Construct-audget-aasicmar 7oo6.xis EXHIBIT A-1 13-Apr-06 04:00 PM Firm Task Prin. Proj, Sr. Prof. Reserved Reserved EIT echnician•• Drafter Clerical Total Total or Mgr. Engr. Engr- or or CADD Hours Extension Officer Designer Operator ($) PSC «««««« Rates »»»»»» $151.00 $129.00 $114.00 $98.00 $83.00 $75.00 $68.00 $40.00 HR h� wn;a*tproIaare aragtidliated2$m?jntl $126.00 $121.00 $110.00 $99.00 $84.00 $74.00 $74.00 $40.00 ati00 Develop record drawings from Contractor's information. Plot and deliver to City. Prepare compact discs with record drawing files and deliver to City. Estimate average of 4 hours CADD per sheet on average plus OA/OC. Document changes mainly on plan -profile, corrective earthwork and pipe type sheets. Elevation changes and alignment changes primarily to be noted, not necessarily re -drawn. No changes at all to SW3P, manhole details, grading details, or TCP sheets. Estimated 90 sheets. PSC Prime consultant 4 32 48 24 140 300 4 552 $42,488 HRA Subconsultant 12 12 24 60 4 112 $9,808 108 2,112 172 2,456 0 0 2,318 10,130 360 450 18,106 PSC 68 2,112 0 2,148 0 0 2,114 10,130 300 366 17,238 95% HRA 40 0 172 308 0 0 204 0 60 84 868 5% 18,106 a i. PSC $10,268 $272,448 $0 $210,504 $0 $0 $175,462 $759,750 $20,400 $14,640 $1,463,472 95% HR $5,040 $0 $18,920 $30,492 $0 $0 $17,136 $0 $4,"0 $3,360 $79,388 5% Total 1 1 $1,542,860 Basic Services Page 4 of 4 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR CONSTRUCTION PHASE — ENGINEER'S RESPONSIBILITIES 98TH STREET ROADWAY AND DRAINAGE IMPROVEMENTS, SLIDE ROAD TO JUNEAU AVENUE ESTIMATE OF REIMBURSABLE EXPENSES, WORKSHEET 2 BASIC SERVICES, CONSTRUCTION PERIOD mu Cora md-eudgrrt-Bavc Mu 2006.a1, f7Yl14IR1T A_1 AA— w. sa IiA�tlbls Aelb1� s Total PSG Mileage (Engineers, RPRs) 78,000 Miles Q $0.445 per mile ($0.4445 PER MILE GOVT RATE USED FOR BUDGETING PURPOSES. $34.710 HRA 4,000 Mlles a $0.445 per mile INVOICES WLL USE ACTUAL EFFECTIVE IRS- I $1,780 ALLOWABLE MILEAGE RATES AS THE IRS REVISES THEM) PSC Blueline prints - miss drawings and deliverables 300 Sheets a $2.55 persheat $785 HRA 80 Sheets a $2.55 Per sheet E204 PSC 8.5 x 11 and 11x 17 Reproductions, misc. (eat 500 sheets per 15,000 Sheets a $0.10 per sheet s1,5D0 HRA month for 24 months, 200 per month for HRA, and final logs) 4,8W Sheets a $0.10 per sheet $480 PSC Toll telephone (eat 24 months at 31 DD/mo, about half that for 1 Project a $2,400.00 per project $2,400 HRA HRA) 1 Project a $1,200.00 per project $1,200 PSC Fax (est 150 pages per month for 24 months, both fame) 3,800 Pages Q $1.00 per page $3,6W HRA 3,6W Pages a $1.00 per page $3,800 PSC Postage, shipping and delivery, mist. (avg. of postage & 720 Mailings a $4.00 per mailing 62,8W HRA UPSlFedEx-type service)(est 30 per Mo. For PSC and 10 per 240 MakVs a $4.00 per mailing $900 mo. For HRA)(for 24 months) PSC CADD charges (record drawings) 380 Hours a $8.00 per hour s3,040 HRA W Hours a $8.00 per hour $480 PSC Plan and spec sets for field and office use during construction sets a $235.00 per sat $o HRA (3 RPR and 2 Engineer) (Reproduction under design services) sets a $235.00 per set so PSC 2 sets of plans (1 for city, 1 for HRA)(record drawings) 2 sets G $200.00 per set "M HRA (no revision of specifications) 0 sets a $0.00 per set $p PSG Mylar for record drawings 1 rolls a $330.00 per roll $330 HRA I 1 0 rolls I Q 1 $0.001 per role I I s0 8"Ic INivk t! 1 of 2 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR CONSTRUCTION PHASE -- ENGINEER'S RESPONSIBILITIES 98TH STREET ROADWAY AND DRAINAGE IMPROVEMENTS, SLIDE ROAD TO JUNEAU AVENUE ESTIMATE OF REIMBURSABLE EXPENSES, WORKSHEET 2 BASIC SERVICES, CONSTRUCTION PERIOD R.: Conduct -Budge -Basic Mar 2006.ab c/U7111311 A- 1 1 J-Apr-Vb Vq:V V rm �£� ^^ € P5, ,,.�,.iWI1P �. Total PSC Overnight accomodations for pipe strength and joint test 8 Days @ S120.00 per Day $720 KRA witnessing plus meals 2 Days ® S120.00 per Day S240 (Estimate 8 trips at 1 nights each test, highly dependent on test start time at manufacturer, types of pipe to be tested, and any joint or Wad failures requiring retesting) PSC Air travel for pipe strength and joint teat witnessing 6 Trips a $400.00 per Trip $2,400 KRA (Estimate 8 round trips, highly dependent on test 2 Trips a $400.00 per Trip sego start time at manufaGwer, types of pipe to be tested, and any joint or road failures requiring re -testing) PSC Car rental for pipe strength and joint lest witnessing 12 Days a $90.09 per Day $1.080 KRA 4 Days ® $90.00 per Day SM PSG Film and devel*ng of construction photos 108 Rolls a $27.00 per Rot $4.536 KRA (estimate 7 robs per month avg. Q 38 photos per roll for 24 0 Robs a $27.00 per Roil $o months) PSC Insurance caner surcharge for required subrogation clauses 0 Each a $900.00 per Each SO KRA 1 1 Each a $500.00 per Each $500 0 Subtotals for Workshest 2 — Basic Design Services PSC $58,351 KRA $1Q804 wl Contract multiplier for reimbursables = 1.16 Total $79,310 Basic Construction Period Services - Wbrksheet 1 (Labor) $1,542,11W Basic Construction Period Services - ftwksheet 2 (Reimbursable Expenses) Basic Construction Period Services - Wbdcsheel 3 (Materiels Testing)(Dyess-Peterson) Basic Construction Period Services - Wbrksheet 4 (Geotechnical)(Kleinfelder, Inc.) Basic Construction Period Services - Worksheel 5 (Geotechnical)(S&W Foundation) Total Basic Services $79,310 $99,878 $99,330 $75.422 $1,896,797 Basic Services 2 of 2 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR CONSTRUCTION PHASE --ENGINEER'S RESPONSIBILITIES 98TH STREET ROADWAY AND DRAINAGE IMPROVEMENTS, SLIDE ROAD TO JUNEAU AVENUE ESTIMATE OF TESTING SUBCONSULTANT FEES, WORKSHEET 3 BASIC SERVICES, CONSTRUCTION PERIOD File: Construct -Budget -Basic Mar 2006.xis EXHIBIT A-1 13-Anr-06 04:00 PM Subconsultant Expenses Qty Unit Unit Price Extension Total Construction Materials Tearing - Dyen-PetersonTestina Laboratory, Inc. 1. Rates are attached. Quantities herein are to establish a budget allowance for testing materials as spot checks on the Contractor's work and Contractor's testing agency. Actual testing quantity subject to Contractor's operations and materials furnished. Testing may vary from these quantities and budgeted amounts, however the budgeted amount shall not be exceeded unless authorized by City Council. Should the budgeted amount be met without additional monies being being approved by City Council for necessary spot check testing, then testing will be suspended. Testing by the Engineer is for spot check testing only of the Contractor's work and of the Contractor's testing agency. The bulk of the materials testing will be by the Contractor's testing agency. 2 Technician time 700 hours $35.00 $24,500.00 3 Mileage 7,200 miles $0.55 $3,960.00 CONCRETE 4 Testing concrete cylinders 40 each $105.00 $4,200.00 5 Sieve analyses - aggregates 8 each $60.00 $480.00 6 Specific gravity analysis 8 each $12.00 $96.00 7 Organic matter 8 each $15.00 $120.00 8 Finer than 200 mesh 8 each $10.00 $80.00 9 Moisture test 8 each $10.00 $80.00 10 Unit weight 8 each $17.50 $140.00 11 LA Abrasion 12 each $105.00 $1,260.00 12 Mortar compression - cubes 16 each $15.00 $240.00 13 ASTM C33 coarse analysis 16 each $35.00 $560.00 14 Soundness tests 16 each $225.00 $3,600.00 15 Lightweight pieces 16 each $15.00 $240.00 Basic Services 1 of 2 File: Construct -Budget -Basic Mar 2006.xis CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR CONSTRUCTION PHASE --ENGINEER'S RESPONSIBILITIES 98TH STREET ROADWAY AND DRAINAGE IMPROVEMENTS, SLIDE ROAD TO JUNEAU AVENUE ESTIMATE OF TESTING SUBCONSULTANT FEES, WORKSHEET 3 BASIC SERVICES, CONSTRUCTION PERIOD EXHIBIT A-1 13-Apr-06 04:00 PM Subconsuhant Expenses Qty, Unit Unit Price Extension Total 16 Crushed face count 16 each $20.00 $320.00 17 Deleterious materials 16 each $15.00 $240.00 18 Inside city limits trip charges 16 each $35.00 $560,00 19 Core drilling 16 each $100.00 $1,600.00 20 Core preparation 16 each $17.00 $272,00 21 Capping and testing cores 16 each $17.00 $272.00 22 Coring machine rental charges 20 each $100.00 $2,000.00 IL 23 Mechanical analysis with hydrometer 35 each $80.00 $2,800.00 24 Standard Proctor density 75 each $85.00 $6,375.00 25 Field soil density test (nuclear) 400 each $40.00 $16,000.00 26 Field soil density test (sand cone) 50 each $100.00 $5,000.00 27 Atterberg limts 75 each $35.00 $2,625.00 28 Shrinkage tests 75 each $7.50 $562.50 29 Wet bail mill tests 20 each $95,00 $1,900.00 30 Classification 125 each $5.00 $625.00 31 Compressive strength of molded sample 28 each $35.00 ' $980.00 ASPHALT 32 Asphalt extraction with gradation 44 each $125.00 $5,500.00 33 Marshall tests series 44 each $155.00 $6,820.00 34 Check street pavement samples 44 each $122.00 $5,368.00 35 Insurance carrier surcharge for subrogation requirements 1 each $500.00 $500.00 Subtotal Geotechnical Services — Dyess Peterson $99,876 Basic Services 2 of 2 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR CONSTRUCTION Phase -- ENGINEER'S RESPONSIBILITIES 98TH STREET ROADWAY AND DRAINAGE IMPROVEMENTS, SLIDE ROAD TO JUNEAU AVENUE ESTIMATE OF GEOTECHNICAL SUBCONSULTANT FEES - WORKSHEET 4 BASIC SERVICES, CONSTRUCTION PERIOD File: construct -Budget -Basic star 2006.xis EXHIBIT A -'I 13-Apr-06 04:00 PM Subconsultant Expenses Qty Unit Unit Price Extension Total Geotechnical Services (Kleinfelder. Inc. - subconsultant) 1 See attached Tasking and Breakdown of fee for Kleinfelder 1 Project , $99,330.00 $99,330 (Not Lump Sum) Subtotal Geotechnical Services -- Kleinfelder, Inc. $99,330 Basic Services 1 of 1 SUMMARY DATE: 3/20/2006 CLIENT: PSC / City of Lubbock PROJECT 98th Street SERVICES: Geotechnical Oversight DESCRIPTION SUMMARY TOTAL COST A. LABOR Onsite Field Engineering Services and Review (40 weeks) $74,720.00 TOTAL LABOR $74,720.00 D. ODC's $24,610.00 TOTAL COST Actual on -site presence variable with Contractor's efforts, diligence and weather -related effects on the construction. Page 1 4/17/2006 CLASSIFICATION SUMMARY DATE: CLIENT: PROJECT' SERVICES: a . 1) LABOR Discount (0,0.05,0.1) ; � � �T M CLASSIFICATION PERSONNEL DEFAULT HOURLY DESIGNATION HATE 1"fE SENIOR PRINCIPAL SPRIN $185.00 PRINCIPAL PRIM $160.00 PRINCIPAL PROFESSIONAL PRIPROFM $145.00 SR. PROF. ENGINEER/GEOLOGIST SPE/SPG $130.00 PROD. PROF. ENGINEER/GEOLOGIST PPE/PPG $105.00 STAFF PROF. ENG/GEO 11 StPEII/StPGII $90.00 STAFF PROF. ENG/GEO I StPEII/StPGI $75.00 LABORATORY MANAGER LMGR $68.00 CADD OPERATOR CADD $58.00 DRILLER III DRIII $75.00 DRILLER II DRII $55.00 DRILLER HELPER DH $40.00 ADMINISTRATIVE I ADMIN $45.00 Employee Classification Projected Staff SENIOR PRINCIPAL PRINCIPAL PRINCIPAL PROFESSIONAL SR. PROF. ENGINEER/GEOLOGIST k PROJ. PROF. ENGINEER/GEOLOGIST {' ` STAFF PROF. ENG/GEO II STAFF PROF. ENG/GEO I SENIOR TECHNICIAN CADD OPERATOR DRILLER III DRILLER 1I DRILLER HELPER ADMINISTRATIVE I "£ Requires Input Page 2( 4/17/2006 WORK TASK DESCRIPTION ����pganeerin�3arvi�� z Review of Onsite Construction Review of CMT Reports Design Modifications LABOR SUMMARY 3120/2006 PSC / City of Lubbock 98th Street Geotechnical Post Design Services PERSONNEL TOTAL TOTAL SPRIN PRIN PRIPROF SPF/SPG Sr. Tech CADD HOURS AMOUNT 185.0 160.0 145.0 130.0 68.0 58.0 Subtotal 0.0 0.0 32.0 289.0 480.0 0.0 0.0 596.0 $47 114.0 $14 90.0 $11 900.0 $74 ODC SUMMARY_ DATE: 312=006 CLIENT: PSC 1 City of Lubbock PROJECT 98th Street SERVICES: Geotechnieal Post Design Services DESCRIPTION UNIT RATE UNIT CODE UNITS CHARGED TOTAL COST Travel Expenses (Task 7.3) $15.00 each ' $630.00 Airfare (Task 7.5) $250.00 each�a $10,500.00 Hotel Per Diem (Task 7.5) $100.00 each $3,600.00 Meal Per Diem (Task 7.5) $35.00 each $1,470.00 Car Rental (Task 7.5) $100.00 each � r $4,200.00 Printing Costs $2&00 report , ° $200.00 Postage Charges $300.00 allowance 3w ; $300.00 Insurance carrier subrogation $500.00 allowance $ 500.00 $0 00 r: $0.00 $0.00 M $0.00 £ �'^ ^ $ �p1I.00 t $0.00 �: £ $0.00 ry $0.00 $0.00 $0. D0 1 � �^ $0.00 rg c $0.00 a a $0.00 $0.00 i $0.00 $0.00 $0.00 n, $0.00 Subtotal $ 21,400.00 Total 1.15 $24,610.00 Page 5 4/17/2006 CITY OF LUBBOCK, _TEXAS ENGINEERING SERVICES FOR CONSTRUCTION PHASE -- ENGINEER'S RESPONSIBILITIES 98TH STREET ROADWAY AND DRAINAGE IMPROVEMENTS, SLIDE ROAD TO JUNEAU AVENUE ESTIMATE OF GEOTECHNICAL SUBCONSULTANT FEES - WORKSHEET 5 BASIC SERVICES, CONSTRUCTION PERIOD File: Construct -Budget -Basic Mar 2006.xis EXHIBIT A-1 13-Apr-06 04:00 PM Subconsultant Expenses Total Subtotal Geote hnical Subconoultant Services ISM Foundation) Allowance for on -call professional services related to residential structures 400 Hours @ $150.00 per hour $60,000 along the 98th Street construction route from Slide Road westward to Juneau Avenue. Does NOT include exhaustive site visits or unlimited responses to residents, Owner, Engineer, or Contractor. Allowance is established to be able to respond timely should a question arise regarding an existing residential structure. If response activity exceeds the budgeted allowance herein, then additional work falls under Additional Services, and additional compensation. (Allowance established as 24 structures at 16 hours per structure average, plus some miscellaneous coordination time.). The budgeted amounts can be re -allocated between labor and expenses as necessary depending on responses called for. TOTAL PROFESSIONAL LABOR $60,000 S&W Reimburseable Expenses Air Fare, round trip 18 Each @ $300.00 Each $5,400 Car rental 36 Each @ $85.00 Each $3,060 Daily per diem 18 Each @ $80.00 Each $1,440 Motel 18 Each @ $120.00 Each $2,160 Toll telephone 1 Project @ $500.00 Project $500 Reproductions, copies 1 Project @ $200.00 Project $200 Postage, courier services 1 Project @ $150.00 Project $150 Insurance carrier subrogation charge 1 Prcject @ MOM Project $500 Subtotal Reimburseable Expenses , ,,� Q� ' $13,410 TOTAL REIMBURSEABLE EXPENSES x 1.15 $15,422 TOTAL S&W FOUNDATION SUBCONSULTANT BUDGET $75,422 Basic Services 1 of 1 Resolution No. 2006-RO216 May 11, 2006 Item No. 5.20 AMENDMENT NO.3 TO AGREEMENT SCHEDULE BASIC CONSTRUCTION PERIOD SERVICES SCHEDULE CITY OF LUBBOCK, TEXAS 98th STREET ROADWAY AND DRAINAGE IMPROVEMENTS BASIC ENGINEERING SERVICES SCHEDULE (CONSTRUCTION PERIOD) .--,. oo©o©ooQ©a©nao©o©000©a©oioo©o©000©a©a Notice to Proceed :.. �..� ..�..>...r..�.. II Contractor has 480 working days. Barring weather events or other items that halt work, calendar time = 480 x 7 f 5 = 672 calendar days, =1.84 years, = 22.1 months. Counting designated holidays and other miscellaneous days, approximately 24 months, or 2 years Schedule subject to change with changes in construction contractor's schedule.