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HomeMy WebLinkAboutResolution - 2008-R0231 - Amendment To Engineering Contract - South Lubbock Drainage Improvement Proj. - 06_26_2008Resolution No. 2008-RO231 June 26, 2008 Item No. 5.8 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute an Amendment No. 1 to the engineering contract for the South Lubbock Drainage Improvement Project by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., of Lubbock, Texas, which Amendment No. 1 and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 26th day of June , 2008. TOM MARTIN, MAYOR ATTEST: Rebecca Garza, City APPROVED -AS TO CO D. Hertel, P.E., City Engineer APPROVED AS TO FORM: Vandiver, ATtorn6 of Counsel DDres/PSC-DrainConAmend 1 Res June 10, 2009 Resolution No. 2008—RO231 AMENDMENT NO. 1 TO AGREEMENT CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH & COOPER, INC. FOR ENGINEERING SERVICES (CONSTRUCTION PERIOD SERVICES) ENGINEERING SERVICES FOR STORM DRAINAGE CONSTRUCTION: "South Lubbock Drainage Improvements Project Package No. 1", THIS IS AN AMENDMENT TO THE AGREEMENT dated October 11, 2004 and entered into by and between CITY OF LUBBOCK, TEXAS hereinafter called "Owner" and PARKHILL, SMITH & COOPER, INC. hereinafter called the "Engineer", of 4222 85`h Street, Lubbock, Texas a corporation duly chartered under the laws of the State of Texas. The original agreement was approved by City Council action on October 11, 2004, Resolution No. 2004-R0506. The purpose of this amendment is to extend the period for Basic Services to include Package No. IA and to establish the Basic Services and Compensation for professional services associated with the extended construction services period for the South Lubbock Drainage Improvements Project. Basic Services and Compensation for Basic Services are described in Attachment A and Attachment B. 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 26t day of June , 2008. OWNER: CITY OF LUBBOCK B e + f/ Y ._ Tom Martin Mayor ATTEST: INWI%�x NO..1s�ti ,1�._. APPROVED AS TO CONTENT: Y !� Larry IYHertel, P.E. City Engineer ENGINEER: PARKHILL, SMITH PER, INC. By ' Edwin E. Davis, P.E. Vice President APPROVED AS TO FORM: w By - Don Va div Attorney of Counsel Resolution No. 2008-RO231 ATTACHMENT A TO AMENDMENT NO. 1 TO AGREEMENT CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH & COOPER, INC. FOR ENGINEERING SERVICES (CONSTRUCTION PERIOD SERVICES) Owner: City of Lubbock, Texas Project: South Lubbock Drainage Improvements Project (Construction Period Services, Package No. IA. A DESCRIPTION OF SCOPE OF SERVICES The scope of services for this project is as follows: Work will not proceed until Owner has authorized Engineer in writing to proceed. I. BASIC SERVICES A. BASIC SERVICES I. Scope of basic services remain unchanged from the original agreement. 2. Scope of deliverables remain unchanged from the original agreement. 3. The primary objective of this Amendment No. 1 is to extend the construction period services term for an additional 24 months from June 30, 2008 for the additional construction phase (Package No. IA) of the South Lubbock Drainage Improvements Project. II. SUPPLEMENTAL SERVICES A. SUPPLEMENTAL SERVICES 1. Scope of supplemental services remain unchanged from the original agreement. B. 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. c. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the work. 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 A Resolution No. 2008—RO231 ATTACHMENT B TO AMENDMENT NO. 1 TO AGREEMENT CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH & COOPER, INC. FOR ENGINEERING SERVICES (CONSTRUCTION PERIOD SERVICES) Owner: City of Lubbock, Texas Project: South Lubbock Drainage Improvements Project (Construction Period Services Package No. 1 A). COMPENSATION BASIC AND SUPPLEMENTAL 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 B-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 B-1. 2. The Engineer agrees to use its best efforts to perform services as defined herein within the billing limits stated below. 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 30, 2008. 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. 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. 7. The Engineer shall provide adequate resources to complete the services described herein within 24 calendar months of the date of the Owner's notice -to -proceed to the Engineer; provided the construction Contractor completes the project within an 18-month construction period starting with a notice -to -proceed to the Contractor. The schedule can be adjusted based on the actual date of the Owner's notice -to -proceed and subsequent time extensions given to Contractor. B. ENGINEERING SERVICES 1. The maximum billed for Engineering Services including personnel services and reimbursable expenses for the Engineer and Subcontractors is shown as follows: Agreement Summary for Engineering Services: Original Basic Services Agreement $ 1,997,282.00 Original Supplemental Services Agreement $ 974,882.00 Amendment No. 1 (Time Only) $ 0.00 TOTAL ENGINEERING SERVICES NOT $ 2,972,164.00 TO EXCEED WITHOUT AUTHORIZATION 2. The Owner's authorized representative may use the Supplemental Services amount, or portions thereof, to maintain adequate professional engineering services related to Package No. 1 A construction period services. 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. Resolution No. 2008-RO231 TABLE B-1 PERSONNEL SERVICES RATES AMENDMENT NO. 1 TO AGREEMENT FOR ENGINEERING SERVICES (CONSTRUCTION PERIOD SERVICES) Owner: City of Lubbock, Texas Project: South Lubbock Drainage Improvements Project (Construction Period Services, Package No. 1 A). COMPENSATION RATES Hourly fees listed herein will apply for the term of this contract. A. The personnel rates listed in the original agreement for Package No. 1 construction period services shall apply to Package No. 1 services until October 30, 2008. Thereafter, the rates listed below shall also apply to Package No. 1 services. B. PERSONNEL SERVICES, PACKAGE NO. IA Category of Personnel $/HR Parkhill. Smith & Cooper, Inc. Principal -in -Charge $156.00 Project Manager $132.00 Senior Professional Engineer $117.00 Professional Engineer $101.00 Professional Architect $101.00 Engineer -In -Training $84.00 Technician/Designer $76.00 Drafter/CADD Operator $69.00 Clerical $66.00 Hugo Reed and Associates Surveying Field Crew $140.00 Principal -in -Charge or Officer $126.00 Project Manager or Senior Engineer $121.00 Registered Professional Land Surveyor $110.00 Professional Engineer $99.00 Engineer -In -Training $84.00 Survey Crew Manager $77.00 Senior Engineering CADD Technician $75.00 Survey Party Chief $72.00 Clerical $40.00 GPS Equipment (per day, reimbursable) $200.00 B. REIMBURSABLE EXPENSES The following expenses are reimbursable: 1. 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. 9. GPS equipment usage for survey. END ATTACHMENT B ATTACHMENT C TO AMENDMENT NO. 1 TO AGREEMENT CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH & COOPER, INC. FOR ENGINEERING SERVICES (CONSTRUCTION PERIOD SERVICES) Owner: City of Lubbock, Texas Project: South Lubbock Drainage Improvements Project (Construction Period Services, Package No. 1 A). 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. 3. 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. Bear all costs incident to compliance with the requirements of this Attachment C. END ATTACHMENT C AMENDMENT NO. 1 TO AGREEMENT SCHEDULE BASIC SERVICES SCHEDULE Resolution No. 2008—R0231 CITY OF LUBBOCK, TEXAS SOUTH LUBBOCK DRAINAGE IMPROVEMENTS BASIC ENGINEERING SERVICES SCHEDULE - AMENDMENT NO. 1 (EXTEND CONSTRUCTION BASIC SERVICES SCHEDULE FOR PACKAGE NO. 1A) Description oo©o©000©o©o oo©o©000©n • ©MINUMM©000©o©o Notice to Proceed (estimated) Extension of basic services agreement purpose is to provide construction period services and the schedule is dependent on contractors construction progress on Package No. 1A.