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HomeMy WebLinkAboutResolution - 2009-R0148a - Amendment To Contract - Parkhill, Smith, & Cooper Inc.- Engineering Services - 04_09_2009Resolution No. 2009-R0148a April 9, 2009 Item No. 5.29 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute an Amendment No. I and any associated documents to a professional services Contract with Parkhill, Smith & Cooper, Inc., of Lubbock, Texas, for engineering services for Project #91 I03, Slide Road from 4`h Street to the Loop 289 South frontage road, which Amendment No. l is attached hereto and made a part hereof for all intents and purposes. Passed by the City Council this 9th day of April _, 2009. TOM MARTIN, MAYOR ATTEST- Rebe ca Garza, City Secretary APPROVED AS TO CON harry Herqq, PE City Engineer APPROVED AS TO FORM: Vandiver; DDres/PSC-SkideRdConAmend 109Res March 31.2009 Resolution No. 2009-R0148a AMENDMENT NO. 1 TO AGREEMENT CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH & COOPER, INC. FOR ENGINEERING SERVICES (CONSTRUCTION PERIOD SERVICES) ENGINEERING SERVICES FOR PAVING IMPROVEMENTS: Slide Road from 4'h Street to the Loop 289 Frontage Road. THIS IS AN AMENDMENT TO THE AGREEMENT dated May 22, 2008 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. The original agreement was approved by City Council action on May 22, 2008, Resolution No. 2008-RO193. The purpose of this amendment is to provide additional services to the agreement, namely to include Construction Period Services that were not included in the original agreement. This amendment will also extend the time of the original agreement to provide time to provide the Construction Phase Services until March I, 2010, as stipulated in paragraph 11.13 of Attachment A. Attachment A, Attachment B, Table B-1, Exhibit A-1 and Exhibit 13-1 to this Amendment No. l are herein added to this agreement for engineering services. All attachments hereto are made a part of this Amendment for all purposes. Executed in three 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 9th day of April , 2009. OWNER: CITY OF LUBBOCK By e7— -- . Tom Martin Mayor ATTEST: By P , Re ecca Garza City Secretary APPROVED TO CONTENT: y d Larry D Hertel, P.E. City Engineer ENGI1`?EER: PARKHILL, SM & R, INC. By '11 dwin . avis, Vice President APPROVED AS TO FORM: By Don Vandiver City Attorney Resolution No. 2009-R0148a 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 #91103: Slide Road from 4"' Street to Loop 289 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. DEFINED TERMS A. 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: 1. Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Documents. 2. 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. 3. Bid — The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 4. 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. 5. 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. b. Construction Agreement The written instrument which is evidence of the agreement, contained in the Contract Documents, between Owner and Contractor concerning the Work. 7. Construction Contract — The entire and integrated written agreement between the Owner and Contractor concerning the Work. 8. 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 A-] 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. 9. Continuous Presence See Continuous Observation. 10. 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 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. 11. 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. 12. Contractor — An individual or entity with whom Owner enters into a Construction Agreement. 13. 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. 14. 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. 15. 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. lb. 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. 17. 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. 18. Engineer's Consultants Individuals or entities having a contract with Engineer to furnish services with respect to this Project as Engineer's independent professional A-2 associates, consultants, subcontractors, or vendors. The term Engineer includes Engineer's Consultants. 19, 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 Ti mes. 20. 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. 21. 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. 22. Intermittent Presence See Intermittent Observation. 23. 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. 24. 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 tinder Engineer's supervision. As used herein, the term Resident Project Representative includes any assistants of Resident Project Representative agreed to by Owner. 25. 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. 26. 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. 27. 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. 29. 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. 29. Substantial Completion — The Date of Substantial Completion shall be determined by the Engineer and Owner as the Date that construction is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work for the use for which it is intended. Minor items of Work may still remain to be completed following the Date of Substantial Completion, such as minor repairs, aesthetic items, and final cleanup. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. A-3 30. Special Provisions — That part of the Contract Documents which amends or supplements the General Conditions. Also may be referenced as Special Conditions. 31. 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. 32. Work Change Directive A written directive to Contractor issued on or 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. 33. 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. II. BASIC CONSTRUCTION PERIOD SERVICES A. Upon written authorization from Owner, Engineer shall: l . General Administration of Construction Contract Consult with Owner and act as Owner's representative as authorized by Owner. 2. 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. 3. Pre -Construction Conference Participate in a Pre -Construction Conference prior to commencement of Work at the Site. 4. Visits to Site and Observation of Construction — In connection with observations of Contractor's work in progress while it is in progress: a. 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 A-4 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. b. 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. c. Provide minor construction, property or other special field surveys. d. Engineer shall not, during such visits or as a a'esult 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. Substitutes and "or -equal --"Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor. A-5 10. 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. 11. 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. 12. 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: a. Determine the amounts that Engineer recommends Contractor are 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). 13. Contractor's Completion Documents. a. Receive and review maintenance and operating instructions, schedules, and guarantees. b. 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. C. Engineer shall transmit these documents to Owner. 14. 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 A-6 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. 15. 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. B. Duration of Construction Period Services. The Construction Period Services will commence with the execution of this Amendment No. 1 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 Period Services exceed March 1, 2010 as set forth in Exhibit B-1, without modification of the professional services agreement and schedule. C. 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 on behalf of the Contractor. Engineer shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. D. Resident Project Representative This section of the Agreement defines the duties, responsibilities and limitations of authority of Resident Project Representative. 1. Engineer shall furnish Resident Project Representative ("RPR"), assistants, and other field staff to assist Engineer in observing progress and quality of the Work. 2. 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. A-7 3. 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: a. 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. b. 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. C. 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. d. Liaison: I) Serve as engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. 2) Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. e. 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. f. Shop Drawings and Samples. I) Record date of receipt of Samples and approved Shop Drawings. 2) Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. 3) 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. g. 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. h. Review of Work and Rejection of Defective Work: I) 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. 2) 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, A-8 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. i. Inspections, Tests, and System Startups: 1) Consult with Engineer in advance of scheduled major inspections and tests of important phases of Work. 2) 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. 3) Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups. 4) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. j. Records: 1) Maintain at the Site or at Engineer's offices orderly tiles 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. 2) 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. 31) Record names, addresses and telephone numbers of Contractors, subcontractors, and major suppliers of materials and equipment. 4) Maintain records for use in preparing Project documentation. 5) Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. k. Reports: I) 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. 2) Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. 3) Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. 4) 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. A-9 1. 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. m. 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. n. Completion: 1) Before Engineer issues a Certificate of Substantial Completion. submit to Contractor a list of observed items requiring completion or correction. 2) 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. 3) 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. 4) 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. o. Resident Project Representative shall not: l) Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2) Exceed limitations of Engineer's authority as set forth in this Agreement or the Contract Documents. 3) Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4) 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. 5) Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. 6) Participate in specialized field or laboratory tests or inspections conducted off -site by others except as specifically authorized by Engineer. 7) Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8) Authorize Owner to occupy the Project in whole or in part. A-10 E. Frequency of Construction Observation and Coordination 1. 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. 2. 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: a. Laying of storm sewer pipe and box culvert and adjacent trench backfilling. b. Excavation and backfill. C. Placement of concrete for inlets, manholes and headwalls. d. Placement of rock riprap and concrete riprap. C. Placement of street flexible base and asphalt stabilized base. f. Placement of hot -mix asphaltic -cement concrete pavement. g. Placement of Portland cement concrete paving, curb and gutter and sidewalk. h. Preparation of surface for seeding and sod placement to include fertilizer application to subgrade. i. Seeding operations to include placement of seed. j. Pavement markings. k. Traffic Signals I. Signs. 3. The Engineer shall perform intermittent observation of the following typical construction activities expected for the project: a. 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. b. Headwall construction involving excavation phase, subgrade preparation, reinforcing steel placement, formwork and backfill. C. Inlet construction involving excavation phase, subgrade preparation, reinforcing steel placement, formwork, and backfill. d. Solid sod placement for areas receiving sod. e. Manhole construction. f. Temporary items such as: 1) Traffic control devices. 2) Storm water pollution prevention devices. 3) Temporary facilities and controls. 4) Project cleanup. g. Portland cement concrete pavement and curb -and -gutter subgrade, formwork, steel placement, pavement thickness, applicable dowels and finishes. F. Post -Construction Period Services 1. Record Drawings. Prepare record drawings from information and drawing markups supplied by Contractor. A-11 G. 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. b. Owner copies of test results H. Supplemental Construction Period Services None. I11. ADDITIONAL SERVICES A. 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. B. Additional Services may include but are not limited to: l . Providing extensive construction, property or other special field surveys. 2. Construction materials testing services beyond spot checking of the work. 3. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. 4. Excessive presence on the project or on project -related items above the man-hour allowances in Exhibit A-1. C. 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. D. Additional services may be authorized by a notice -to -proceed in writing from the City Engineer and addressed to the Engineer. END ATTACHMENT A TO AMENDMENT NO. 1 A-12 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 #91103: Slide Road from 4'h Street to Loop 289 COMPENSATION BASIC SERVICES For these services covered by this Agreement, the Owner agrees to pay the Engineer as follows: A. GENERAL 1. 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 13-1. 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 May 1, 2009, and are also contingent on the construction Contractor's diligent prosecution of the Work. If start of Basic 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 madc 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. 7. The Engineer shall provide adequate resources to complete the services described herein within the schedule established in Exhibit B-1, provided the construction Contractor completes the project within the same period of time starting with a notice -to -proceed to the Contractor. The attached schedule can be adjusted based B-1 on the actual date of the Owner's notice -to -proceed and subsequent time extensions given to Contractor. B. BASIC CONSTRUCTION PERIOD ENGINEERING SERVICES 1. The maximum billed for Basic Construction Period 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 $ 509,530.00 Amendment No. 1 $ 390,977.00 TOTAL ENGINEERING SERVICES NOT $ 900,507.00 TO EXCEED WITHOUT AUTHORIZATION 2. The Owner's authorized representative may use the Amendment No. I amount, or portions thereof, to maintain adequate professional engineering services related to the Construction Phase Services. C. ADDITIONAL SERVICES Additional services must be authorized in writing by the Owner. I. 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 the 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. B - 2 Resolution No. 2009-R0148a TABLE B-1 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 #91 103: Slide Road from 4"' Street to Loop 289 COMPENSATION RATES Hourly tees listed herein will apply until December 31, 2009. Hourly fees shall be adjusted beyond December 31, 2009 by multiplying the hourly fee by the Consumer Price Index increase published on or after January 1, 2010 and each successive year thereafter. A. BASIC PERSONNEL SERVICES Catmory of Personnel /HR Parkhill. Smith & Cooaer. Inc. Principal -in -Charge 162.00 Project Manager or Senior Professional Engineer 137.00 Senior Professional Engineer 122.00 Professional Engineer 105.00 Engineer -In -Training 89.00 Technician/Designer/RPR (Project Representative) 78.00 Drafter/CADD Operator 71.00 Clerical 63.00 Hugo Reed & Associates. Inc. Principal -in -Charge or Officer 140.00 Enginecring Project Manager or Surveying Project Manager 127.00 Senior RPLS or Senior Engineer 116.00 Professional Engineer 105.00 Engineer -In -Training 87.00 Technician, Survey Crew Manager, or Senior CADD Technician 75.00 Survey Crew 175.00 ME Category of Personnel /HR Yvonne Newman EnuineerinQ, Inc. Principal -in -Charge 140.00 Project Manager 127.00 Senior Professional Engineer 116.00 Professional Engineer 105.00 Engineer -In -Training 97.00 Technician or Designer 75.00 Drafter CADD 39.00 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, cell phone usage 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. S. Cost of acquiring any other materials or services specifically for and applicable to only this Project. 9. GPS equipment for usage for survey. END ATTACHMENT B TO AMENDMENT NO. 1 AMENDMENT NO. I TO AGREEMENT EXHIBIT A -I BASIC CONSTRUCTION PERIOD SERVICES TASKING, MAN-HOURS, REIMBURSABLES, AND SUBCONTRACTORS AMENDMENT NO. 1 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES Slide Road from 4th Street to Northwest Loop 289 - Project # 91103 ESTIMATE OF MAN-HOURS and TASKS - CONSTRUCTION PHASE SERVICES SUMMARY Basic Basic Personnel Reimbursable Company Services Expenses TOTAL Parkhill, Smith & Cooper, Inc. $304,863 $15,693 $320,556 Hugo Reed & Associates $39,780 $605 $40,385 Yvonne Newman Engineering, Inc. $22,036 $1,156 $23,192 Terra Engineers, Inc. $6,844 $6,844 TOTALS $366,679 $24,298 $390,977 1 Of i o AMENDMENT NO. 1 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES Slide Road from 4th Street to Northwest Loop 289 - Project #91103 ESTIMATE OF MAN-HOURS and TASKS - CONSTRUCTION PHASE SERVICES WORKSHEET 1 Parkhill, Smith & Cooper, Inc 30-Mar-09 Task Prin. Pro). Sr. Prot. EIT RPR Drafter Clerical Total Total in Mgr. Prof. Engr or CADD Hours Extension Charge Engr, Technician f$1 «««««« Rates »»»»»» $162.00 $137.00 $122.00 $105, 00 $88.00 $78.00 $71.00 563.00 A f�ffiERVNC- Resident Project Representation - See RPR 1 Detail Below. Pre Construction Conference: 2 Prepare Agenda (1 hr.). Attend Meeting (4 4 8 4 2 18 $1 ,866 hr.). Prepare and Distribute Meeting Minutes (3 hr.). Biweekly Progress Meetings: 7 Month Duration'2 meetings/mo. = 14 Progress Meetings: Attendees. 3 14 m1gs.'4 hrs./mtg. = 56 hrs. 56 112 14 182 $20,314 Proiect Manager: Each Meeting = Prepare Agenda (1 hr.), Attend Meeting (4 hr.), Prepare and Distribute Meeting Minutes (3 hr.). 14 mtgs."8 hrs./mtg. = 112 hrs. Visits to Site and Observation of Construction: 4 7 month duration, Estimate 2 visit/week @ 2 4 28 120 152 $17,084 hrs/visit: 7 mo'4 wks/mo'2 vists/wk'2 hrs/visit = 112 hr.s (use 120 hrs) Coordination, Correspondence, and Responses to Questions from Contractor, 5 City of Lubbock, RPR, and Public: a 100 375 80 563 $59,411 7 month duration, Estimate 2.5 hrs/day: 7 mo'21 wkng days/mo`2.5 hrs/day = 367 hrs (use 375 hrs). Detective Work: 6 Time is Included Above. Clarifications and Interpretations: field 7 Orders: 5 10 40 80 10 145 $12,690 Estimate 10 field orders at 4 hrs/field order. Change Orders and Work Change 8 Directives: 2 10 20 40 5 77 $6,949 Estimate 5 Change Orders at 4 hrs/change order. 9 Shop Drawings and Samples 5 10 10 25 $2,365 Estimate 10 Submittals at 1 hr/submittal. 20110 AMENDMENT NO. 1 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES Slide Road from 4th Street to Northwest Loop 289 - Project #91103 ESTIMATE OF MAN-HOURS and TASKS - CONSTRUCTION PHASE SERVICES wORKSHEET 1 Parkhill, Smith & Cooper, Inc 30-Mar-09 Task Prin. Proj, Sr. Prof. EIT RPR Drafter Clerical Total Total in Mgr. Prof. Engr or CADD Hours Extension Charge Engr, Technician ($) <«««««< Rates »»»rr»» $162.00 $137,00 $122.00 $105.00 $88.00 $78.00 $71.00 $63.00 Inspections and Tests: 10 Coordination with Geotech, Review test 16 16 86 $9,080 reports. etc. Applications for Payment: Estimate seven (7) progress payment applications, one (1) substantial completion payment application, and one (f) final pay 11 application for a total of nine (9) payment 5• 18 90 $9,270 applications. Estimate 6 hours per payment application for RPR and 2 hours per payment application for PM. Contractor's Completion Documents: 12 Receive and review documents, transmit to 2 16 34 $3,372 Owner. Substantial Completion: Includes Site Visit with Owner, Preparation 13 of Punch List Items, Verification that Project 4 $2,856 is Complete, and Preparation of a Certificate of Substantial Completion. Final Notice of Acceptability of the Work: 14 Includes Site Visit with Owner and 4 6 2 20 $2.436 Preparation of Acceptance Documents. Full Time RPR: Construction Period 7 months. Average of 21 working days/month, 1 Full Time Average of 10 hourslday. 20 $11&260 7 months'21 wkng days/mo.'10 hrs/day = 1470 hours. Full Time RPR use 1500 hours. Part Time RPR: Necessary only 2 months. 2 Part Time Average = 4 hours/day. 175 175 $13,650 2 months`21 wkng days/mo.'4 hrs/day = 168 hours. Part Time RPR use 175 hours. 3of10 AMENDMENT NO. i EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES Slide Road from 4th Street to Northwest Loop 289 - Project #91103 ESTIMATE OF MAN-HOURS and TASKS - CONSTRUCTION PHASE SERVICES WORKSHEET 1 Parkhill, Smith & Cooper, Inc 30-Mar-09 Task Prin. Proi. Sr. Prof. EIT RPR Drafter Clerical Total Total in Mgr Prot. Engr or CADD Hours Extension Charge Engr, Techntcjan 1$) <<<<«««« Rates »»»»»» $162 00 $137.00 $122.00 $105.00 $88.00 $78.00 S71.00 S63 00 C PM Construction Period Servlcw Record Drawings: 116 sheets @ 2 hrs per sheet for CADD 4 16 232 8 260 $19,204 D DelfveM lea 1 Reproducible Set of Record Drawings 1116 sheets mylar). 1 Print of Record Drawings (116 sheets Papas) 8 16 32 16 72 $6,056 1 CD of files. 1 Set RPR logs. 1 Owner set of Contractor submittals. Total Hours 29 275 0 855 20 1675 384 207 3445 Subtotals for Worksheet 1 PSC Basic Services $4,698 $37.675 $0 $89,775 $1.760 $1313,650 $27,264 $13,041 $304, 633 4 of 10 AMENDMENT NO. 1 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES Slide Road from 4th Street to Northwest Loop 289 - Project #91103 ESTIMATE OF MAN-HOURS and TASKS - CONSTRUCTION PHASE SERVICES WORKSHEET 2 Hugo Reed & Associates, Inc. 30-Mar•09 Task Principle Engr. or Senior Prof. EIT Technician, Survey Total Total In Surveying RPLS or Engineer Survey Crew Crew Hours Extension Charge PM Engineer Mngr.Or. Sr. CADD I$} o<««<c<«< Rates >->»»»»» $140.00 $127.00 $116.00 $105.00 S87.00 $75.00 $175,00 t?ON5TRUCTtON PHASE SERVICES - EWINEERING: Pre Construction Conference & Other 1 Appropriate Meetings: 10 20 30 $3,59G Estimate Attendance for up to 10 meetings, Visits to Site and Observation of Construction: 2 Estimate 1 visit per week for 7 months at 2 7 21 28 56 56,2(5 hours/visit: 7 mo.'4 wks/mo.'t visittwk'2 hrs./visit = 56 hrs. Coordination. Correspondence, and Responses to Questions from Contractor, 3 City of Lubbock, RPR, and Public: 10 30 80 120 $13,150 7 month duration, Estimate 4 hrs/week: 7 mo'4 wks/mo.'4 hrs/wk = 112 hrs (use 120 hrs). Clanhcations and Interpretations; Field 4 Orders. 2 6 12 20 $2,210 Estimate 5 field orders at 4 hrs/fiold order. Change Orders and Work Change 5 Directives: 2 6 12 ?n 52n Estimate 5 Change Orders at 4 hrs/change order. 8 Shop Drawings and Samples 5 5 $525 Estimate 5 Submittals at 1 hr/submittal. 7 Modifications to Plan Sheets, 8 16 16 40 $3,806 GflNOTAUCTION PHASE SURVEYING. 0 $o Su veying as needed to verily contractor 24 24 $4,200 survey data. Flail Construction Period Services 0 $0 Record Drawings: 2 4 a 20 34 $31058 10 sheets ® 2 hrs per sheet for CADD. IVWSWOS 1 Reproducible Set of Record Drawings (10 Sheets mylar), 2 2 4 $764 1 Print of Record Drawings (10 sheets paper). 1 CD of files. Total Hours 0 35 95 163 0 40 24 357 $39,780 Subtotals for Worksheet 2 HRA Basic Services $ $ 4,445 $ 11,020 $ 17,115 $ - $ 3,000 $ 4,200 $39,780 5 of 10 AMENDMENT NO. 1 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES Slide Road from 4th Street to Northwest Loop 289 - Project #91103 ESTIMATE OF MAN-HOURS and TASKS - CONSTRUCTION PHASE SERVICES WORKSHEET 3 Yvonne Newman Engineering, Inc. 30-Mar-09 Task Principle Proj. Sr. Prof. EIT Tech. Drafter Total Total In Manager Prof. Engineer or CADD Hours Exlensior Charge Engine ra Designer f51 <<<«<<««< Rates $140.00 $127.00 $116.00 $105.00 $87.00 $75.00 $39.00 A CONSTRUCTION PHASE SERVICES- ENIGINEERINGII Coordination. Correspondence, and Responses to Questions from PSG, 1 Contractor, City of Lubbock, and RPR: 120 7 month duration, Estimate 4 hrs/week: 7 mo"4 wkslmo.•4 hrslwk = 112 hrs (use 120 hrs), Clarifications and Interpretations; Field 2 Orders 12 S1,4 Estimate 3 field orders at 4 hrs/field order. 3 Shop Drawings and Samples 10 $1,160 Estimate 5 Submittals at 2 hdsubmittal. 4 Modifications to Plan Sheets. S 12 $1,160 S Post Construction Period Services Record Drawings: ^^ $3,352 40 sheets ® 2 hrs per sheet for CADD. C Di0vambi its 1 Reproducible Set of Record Drawings (40 sheets mylar). 1 Print of Record Drawings (40 sheets 1 9 $612 paper) 1 CD of files. Total Hours 10 0 139 0 16 7 80 245 $22,036 Subtotals for Worksheet 3 YNE Basic Services $ 1,400 $ $ 16,124 $ - $ 1,392 $ $ 3,120 $22,036 6of10 AMENDMENT NO. 1 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES Slide Road from 4th Street to Northwest Loop 289 - Project # 91103 ESTIMATE OF REIMBURSABLE EXPENSES - CONSTRUCTION PHASE SERVICES WORKSHEET 4 PARKHILL, SMITH & COOPER, INC. 30-Mar-09 Reimbursable Expenses Oty. Unit Unit Price Unit Extension Mileage (Engineer) 84 trips at 30 mile/trip = 2520 miles 2520 Miles @ $0.505 per mile $1,273 Mileage (Full Time RPR) 147 trips at 60 mile/trip = 8,820 miles 8820 Miles @ $0.505 per mile $4,454 Mileage (Part Time RPR) 42 trips at 60 mile/trip = 2,520 miles 2520 Miles @ $0.505 per mile $1,273 Reproduction 11 x17 Copies (Paper, includes checking prints) 1000 Sheets @ $0.20 per copy $200 11x17 Copies (Mylar) 116 Sheets ® $2.00 per copy $232 8.5x11 Copies 500 Sheets @ $0.10 per sheet $60 Miscelaneous Postage, shipping and delivery, misc. 25 Mailings @ $10.00 per mailing $260 Long Distance Telephone 1 Project @ $500.00 per project $500 Cellular phone 1-1/2 phones at 7 months 11 months (9 $150.00 per month $1,575 CADD charges 384 Hours @ $10.00 per hour $3,840 Subtotals for Worksheet 4 PSG Reimbursables $13,646 w' Contract multiplier for reimbursables = 1.15 $15,693 Total PSC Expenses $15,693 7 of 10 AMENDMENT NO. 1 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES Slide Road from dth Street to Northwest Loop 289 - Project # 91103 ESTIMATE OF REIMBURSABLE EXPENSES - CONSTRUCTION PHASE SERVICES WORKSHEET 5 Hugo Reed & Associates, Inc. 30-Mar-09 Reimbursable Expenses oty. Unit Unit Price Extension Survey Equipment - Trimble 5800, Trimble 5603 2 Days $200.00 $400 Mileage 250 Miles d $0.51 $126 Subtotals for Worksheet 5 Hugo Reed & Associates, Inc. Reimbursables $526 w/ Contract multiplier for reimbursables = 1.15 $605 Total Hugo Reed & Associates, Inc. Expenses $605 8 of 10 AMENDMENT NO. 1 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES Slide Road from 4th Street to Northwest Loop 289 - Project # 91103 ESTIMATE OF REIMBURSABLE EXPENSES - CONSTRUCTION PHASE SERVICES WORKSHEET 6 Yvonne Newman Engineering, Inc. 30-Mar-09 Reimbursable Expenses aty. Unit Unit Price Unit Extension Travel Airfare 1 Each a $275.00 round trip $275 Car Rental 1 Days @ $90.00 per day $90 Fuel 8 - trips @ 40 miles/trip, 15 mpg 5 Gallons @ $3.40 per gallon $17 Parking 1 Days @ $5,DO per day $5 Mileage 0 Miles @ $0.505 per mile $0 Meals 3 Each @ $20.00 per meal $60 Overnight Stay 1 night, 2 each 1 Nights @ $100.00 per night $100 Reproduction 11 x1 7 Copies (Paper, includes checking prints) 80 Sheets @ S0.20 per copy $16 11 x1 7 Copies (Mylar) 40 Sheets @ $2.00 per sheet S80 8.5xl 1 Copies 120 Sheets @ $0.10 per copy $12 Miscellaneous Postage, shipping and delivery, misc. 15 Mailings @ $10.00 per mailing $150 Overnight 5 Overnight @ $40.00 per mailing $200 Long Distance Telephone 0 Project @ $500.00 per project $0 Cellular phone 50 minutes/mo @ 0.45/min 0 Minutes @ $0.45 per Minute $0 CADD charges 0 Hours @ $10.00 per hour $0 Subtotals for Worksheet 6 YNE Reimbursables $1,005 w/ Contract multiplier for reimbursables = 1.15 $1,156 Total YNE Expenses $1,156 9of10 AMENDMENT NO. 1 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES Slide Road from 4th Street to Northwest Loop 289 - Project # 91103 ESTIMATE OF REIMBURSABLE EXPENSES - CONSTRUCTION PHASE SERVICES WORKSHEET 7 Terra Engineers, Inc. 30-Mar-09 No. Subconsultant Expenses Qty Unit Unit Price I Total 1. 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 approved by City Council for nacessary 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 (Regular Rate) 40 hours $45.00 $1,800.00 2ti/wk average 3 Mileage 840 miles $0.45 $378.00 1 tripslwk at 30ml/trip CONCRETE 4 Testing concrete cylinders 1 test13000 SY avg (slip form machine) 10 each $100.00 $1,000.00 5 Testing concrete cylinders 1 test/pour avg (intersections) 3 each $100,00 $300.00 6 Slump 15 each $15.00 $225.00 7 Air 15 each $45,00 $675.00 8 Deleterious materials 2 each $45.00 $90.00 9 Inside city limits trip charges 5 each $20.00 $100.00 10 Core drilling each $75.00 11 Core preparation each $45.00 12 Capping and testing cores each $10.00 13 Patching each $50.00 14 Coring machine rental charges each $100.00 SOILS 12 Mechanical analysis with hydrometer each $250.00 13 Standard Proctor density each $100.00 14 Field soil density test (nuclear) - a set of 3 per trip 20 each $75.00 $1,500.00 15 Field soil density test (sand cone) 1 each $100,00 $100.00 16 Atterberg Limits 2 each $45.00 $90.00 17 Shrinkage tests 2 each $75.00 $150.00 18 Wet ball mill tests 2 each $175.00 $350.00 19 Classification 2 each $8.00 $16.00 20 Compressive strength of molded sample 2 each $35.00 $70.00 ASPHALT 21 Marshall Stability & Flow each $225.00 22 Maximum Theoretical Sprcific Gravity each $125.00 23 Asphalt extraction with gradation each $250.00 24 Bulk Specific Gravity each $150.00 25 Percent Air Voids each $50.00 26 Marshall tests series each $225.00 27 Coring drilling for Thickness of asphalt each $75.00 28 Core preparation each $45.00 29 Patching each $50.00 30 Coring machine rental charges each $100,00 31 Insurance carrier surcharge for subrogation requirements each $500.00 Subtotal Construction Material Testing Services -Terra Engineers S6,844.00 UNIT PRICE ---- Valid for Calendar Years 2008, 2009 & 2010 with an escalation rate of 3% per year over the three year contract. 1. Minimum call -out charge for technician and equipment or sample pickup is 2 hours. Charges are accreued portatl to portal. 2. Overtime rates of 1.5 times the regular overly rates are applicable to Bme worked in excess of 8 hours per day, Monday through Friday, hours worked before 8:00 am and after 5:00 pm; and all hour worked on Saturdays, Sundays and holidays. 3. Call for any tests that not listed above. 10of10 Resolution No. 2009-R0148a AMENDMENT NO. 1 TO AGREEMENT EXHIBIT B-1 BASIC CONSTRUCTION PERIOD SERVICES SCHEDULE Resolution No. 2009-R0148a EXHIBIT B-I 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 #91 103: Slide Road from 4"' Street to Loop 289 2009 ?OIU Description Alir May June July Aug Sep Oct Nov Dec Jan Feb Mar Notice to Proceed (estimated) • Construction Period Services Record Drawings Extension of Basic Services agreement purpose is to provide construction period services and the schedule is dependent on the contractor's construction progress on Slide Road.