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HomeMy WebLinkAboutResolution - 2003-R0404 - Engineering Services Agreement - Parkhill, Smith & Cooper, Inc. (Maxey Park) - 09_18_2003Resolution No. 2003-RO404 September 18, 2003 Item No. 62 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 for and on behalf of the City of Lubbock an Agreement for Engineering Services and any associated documents by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., for a Maxey Park Drainage Outfall Improvement Feasibility Study, a copy of which Agreement is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 18th day of ATTEST: ,-Q 'C _fC==0e 911'�� Reb ca Garza, City Secretary APPROVED AS TO CONTENT: fil &ad -Larry Hertel, PE, City Engineer AS TO FORM:e G. Vandiver, Attorney of DDres/MaxeyParkEngSvcsRes September 8, 2003 AGREEMENT FOR ENGINEERING SERVICES Resolution No. 2003-R0404 September 18, 2003 Item No. 62 THIS AGREEMENT, between the City of Lubbock, Texas (hereinafter referred to as Owner) and Parkhill, Smith & Cooper, Inc., with principal offices at 4222 85' Street, Lubbock, Texas 79423 (hereinafter referred to as Engineer): WITNESSETH: WHEREAS, Owner intends to provide storm drainage relief from Playa Lake No. 43 to an existing storm drainage pipe outfall in Flint Avenue, named as the "Maxey Park Drainage Outfall Improvements Feasibility Study" (hereinafter referred to as the Project); and WHEREAS, Owner requires certain professional engineering services in connection with the Project (hereinafter referred to as the Services) for a design; and WHEREAS, Engineer is prepared and has the ability to provide such Services; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be September 18, 2003 ARTICLE 2 - SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the feasibility study engineering Services described in Attachment A, Scope of Services, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 3 - COMPENSATION Owner shall pay Engineer in accordance with Attachment B, Compensation, which is attached hereto and incorporated by reference as part of this Agreement, and compensation for Basic Services shall not exceed $200,467.00 without Owner's approval. ARTICLE 4 - STANDARD OF CARE Engineer shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily provided by a professional engineer under similar circumstances at the same time and in the same locality and Engineer shall, at no cost to Owner, re -perform services which fail to satisfy the foregoing standard of care. 1 ARTICLE 5 - LIMITATIONS OF RESPONSIBILITY Engineer shall not be responsible for actual means, methods, techniques, sequences, procedures or safety precautions and programs used in connection with the Project by others. Engineer shall assist the Owner in the administering of its contracts with any vendor or other Project participant in order to fulfill contractual or other responsibilities to the Owner or to comply with federal, state and local laws, ordinances, regulations, rules, codes, orders, criteria and standards. ARTICLE 6 - OPINIONS OF COST AND SCHEDULE Since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over contractors', subcontractors' or vendors' methods of determining prices, or over competitive bidding or market conditions, Engineer's opinion of cost shall be made on the basis of qualifications and experience as a professional engineer. Since Engineer has no control over the resources provided by others to meet contract schedules, Engineer's forecast schedules shall be made on the basis of qualifications and experience as a professional engineer. Engineer cannot and does not guarantee that proposals, bids or actual Project costs will not vary from his opinions of cost or that actual schedules will not vary from his forecast schedules. ARTICLE 7 - LIABILITY AND INDEMNIFICATION 7.1 General. Having considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promises included herein, Owner and Engineer agree to allocate such liabilities in accordance with this Article 7. Words and phrases used in this Article shall be interpreted in accordance with customary insurance industry usage and practice. 7.2 Indemnification. Engineer agrees to defend, indemnify and hold Owner whole and harmless against all claims for damages, costs and expenses of persons or property that may arise out of, or be occasioned by, or from; any negligent act, error or omission of Engineer; or any agent, servant or employee of Engineer in the execution or performance of this Contract. 7.3 Defense of Claims. In the event an action for damages is filed in which negligence is alleged on the part of Owner and Engineer, Engineer agrees to defend Owner. In the event Owner accepts Engineer's defense, Owner agrees to indemnify and reimburse Engineer on a pro rata basis for all expenses of defense. Owner also agrees to indemnify and reimburse Engineer on a pro rata basis for any judgment or amount paid by Engineer in resolution of such claim. Such pro rata share shall be based upon a final judicial determination of negligence or, in the absence of such determination, by mutual agreement. 7.4 Employee Claims. Engineer shall indemnify Owner against legal liability for damages arising out of claims by Engineer's employees. Owner shall indemnify Engineer against legal liability for damages arising out of claims by Owner's employees. 7.5 Limitations of Liability. To the fullest extent permitted by law, Engineer's total liability to Owner for any and all injuries, claims, losses, expenses or damages arising out of or in any way related to the Project or this Agreement from any cause or causes, including but not limited to 2 Engineer's negligence, errors, omissions, strict liability, breach of contract or breach of warranty, shall not exceed the minimum amounts required by Article 10 of this Agreement. 7.6 Other Project Indemnities. Indemnity provisions shall be incorporated into all Project contractual arrangements entered into by Owner and shall protect Owner and Engineer to the same extent. 7.7 Survival. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. ARTICLE 8 - INDEPENDENT CONTRACTOR Engineer undertakes performance of the Services, as an independent contractor and shall be wholly responsible for the methods of its own performance and that of its subcontractors, agents and employees. Owner shall have no right to supervise the methods used, but Owner shall have the right to observe such performance. Engineer shall work closely with Owner in performing Services under this Agreement. ARTICLE 9 - COMPLIANCE WITH LAWS In performance of the Services, Engineer will comply with applicable regulatory requirements, including federal, state and local laws, rules, regulations, orders, codes, criteria and standards. Engineer shall possess the licenses necessary to allow Engineer to perform the Engineering Services. Engineer shall not be responsible for procuring permits, certificates and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A, Scope of Services. ARTICLE 10 - INSURANCE Prior to the time Engineer is entitled to commence any part of the Services under this Contract, 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 Contract. A. Comprehensive General Liability Insurance The Engineer shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury and $300,000 Property Damage per occurrence with a $1,000,000 combined single limit to include: Premises and Operations Explosion and Collapse Hazard Underground Damage Hazard Products and Completed Operations Hazard 3 Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "C" waived) The Owner is to be named as an additional insured on this policy for this specific job, and a copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Comprehensive Automobile Liability Insurance The Engineer shall have Comprehensive Automobile Liability Insurance with limits of not less than: Bodily Injury $250,000/$500,000 Property Damage $100,000 to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned vehicles The Owner is to be named as an additional insured on this policy for this specific job and a copy of the endorsement doing so is to be attached to the Certificate of Insurance. C. Workers' Compensation and Employer's Liability Insurance As required by State statute covering all employees whether employed by the Engineer or any Subcontractor on the job with Employer's Liability of at least $100,000 limit. D. 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. ARTICLE 11 - OWNER'S RESPONSIBILITIES Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities, which is attached hereto and incorporated by reference as part of this Agreement. For purposes of this Agreement, Owner may act through its governing body or through administrative officials. ARTICLE 12 - REUSE OF DOCUMENTS All documents, including drawings, specifications and computer software, prepared by Engineer pursuant to this Agreement are instruments of service in respect to this Project. They are not intended or represented to be suitable for reuse by Owner or others on extensions of this Project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Engineer. ARTICLE 13 - AMENDMENT, TERMINATION AND STOP ORDERS This Contract may be altered or amended only by mutual written consent of both parties hereto and may be terminated by the Owner at any time by written notice to the Engineer. Upon receipt of 51 such notice, the Engineer shall, unless the notice directs otherwise, immediately discontinue all work in connection with the performance of this Contract and shall proceed to cancel promptly all existing orders insofar as such orders are chargeable to this Contract. The Engineer shall submit a statement showing in detail the work performed under this Contract to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed fee which applies to the work actually performed under this Contract, less all payments that have been previously made. Thereupon, copies of all completed work accomplished under this Contract shall be delivered to the Owner. The Owner may issue a Stop Work Order to the Engineer at any time. Upon receipt of such order, the Engineer is to discontinue all work under this Contract and cancel all orders pursuant to the Contract, unless the order otherwise directs. If the Owner does not issue a Restart Order within 60 days after receipt by the Engineer of the Stop Work Order, the Engineer shall regard this Contract terminated in accordance with the foregoing provisions. ARTICLE 14 - NONDISCLOSURE OF PROPRIETARY INFORMATION Engineer shall consider all information provided by Owner to be proprietary unless such information is available from public sources. Engineer shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of Owner or in response to legal process. ARTICLE 15 - NOTICE Any notice, demand or request required by or made pursuant to this Agreement shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To Engineer: Parkhill, Smith & Cooper, Inc. ATTN: Robert P. McMillen, P.E. 4222 851h Street Lubbock, Texas 79423 To Owner: City of Lubbock ATTN: Marsha Reed, P.E. P.O. Box 2000 Lubbock, Texas 79457-0001 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Engineer and Owner. ARTICLE 16 - UNCONTROLLABLE FORCES Neither Owner nor Engineer shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil 5 disturbance, sabotage, Owner -directed changes to design criteria or scope of services once criteria and scope have been agreed upon, Owner -directed changes to plans after plans have been reviewed and approved (including partial submittal progress reviews), inability to procure permits, licenses or authorizations from any state, local or federal agency or person for any of the supplies, materials, accesses or services required to be provided by either Owner or Engineer under this Agreement. Neither party shall, however, be excused from performance if nonperformance is due to uncontrollable forces which are removable or remediable and which the nonperforming party could have, with the exercise of reasonable diligence, removed or remedied with reasonable dispatch. The provisions of this Article shall not be interpreted or construed to require Engineer or Owner to prevent, settle or otherwise avoid a strike, work slowdown or other labor action. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable force preventing continued performance of the obligations of this Agreement. ARTICLE 17 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas. Any suit brought to enforce any provision of this Agreement or for construction of any provision thereof shall be brought in Lubbock County, Texas. ARTICLE 18 - MISCELLANEOUS 18.1 Nonwaiver. A waiver by either Owner or Engineer of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. 18.2 Severability. The invalidity, illegality or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void. ARTICLE 19 - INTEGRATION AND MODIFICATION This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations and agreements, either written or oral. This Agreement may be amended only by a written instrument signed by each of the parties. n ARTICLE 20 - SUCCESSORS AND ASSIGNS Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns and legal representatives of such other party, in respect to all covenants, agreements and obligations of this Agreement. ARTICLE 21 - ASSIGNMENT Neither Owner nor Engineer shall assign, sublet or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the other, except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Engineer from employing such independent consultants, associates and subcontractors as he may deem appropriate to assist him in the performance of the Services hereunder. ARTICLE 22 - SUBCONTRACTORS No work herein called for by the Engineers shall be subcontracted to a subcontractor who is not acceptable to the Owner or assigned without prior written approval of the Owner. The Engineer shall require subcontracts to conform to the applicable terms of this Contract and include provisions which require subcontractor compliance with Owner's Rules. ARTICLE 23 - THIRD PARTY RIGHTS Nothing herein shall be construed to give any rights or benefits to anyone other than Owner and Engineer. IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF LUBBOCK, TEXAS APPROVED AS TO CONTENT: I Z lcuaA-6- &J — A : Larry Hertel, P.E. Marc McDougal, (,' City Engineer APPROVED AS TO FORM: "-/KrY I A kwivandv� Attorney of Counsel 7 Attest Qjee Rebecca Garza City Secretary By: 5 ARKHILL, SMITH & COOPER, INC. Attest dwin E. "Butch" Davis, P.E. Robert P. "Paul" McMillen, P.E. Vice President Corporate Associate 0 Resolution No. 2003-RO404 ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Engineering Services for Storm Drainage Feasibility Study: From Playa Lake No. 43 to an existing storm drainage pipe outfall in Flint Avenue, named the "Maxey Park Drainage Outfall Improvements Feasibility Study". 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 as defined by the tasks and man-hours in Exhibit A-1. a. Use, to the maximum extent practical, data from the 2002 Lubbock County Flood Insurance Re -Study and the subsequent Parsons, Brinckerhoff, Quade, and Douglas data for the East-West Freeway. b. Evaluate existing information in accordance with the tasks listed on Exhibit A-1. c. Perform hydrologic and hydraulic computer modeling for the 10-year, 25-year and 100-year storm frequency events in accordance with the tasks listed on Exhibit A-1. d. Perform field reconnaissance for existing items such as utility markers in accordance with Exhibit A- 1. e. Evaluate the hydraulic capacity of the existing pipe storm sewer outfall downstream from Tech Terrace Park in accordance with Exhibit A-1. f. Evaluate alternatives for an additional storm drainage pipeline from Maxey Park to Flint Avenue/Tech Terrace Park if hydraulic capacity in the existing Tech Terrace outfall is available. Alternatives may be hydraulically limited, financially limited, or both. g. Evaluate number of structures benefited, if any. h. Meet with Owner's representative. i. Prepare feasibility study report. j. Deliver to Owner one (1) complete copy of supporting data and calculations for the alternatives studied. B. Surveying services as defined by the tasks and man-hours in Exhibit A-1. C. Deliver to the Owner one (1) reproducible plus ten (10) non -reproducible copies of the feasibility study report. A-1 II. SUPPLEMENTAL SERVICES A. No supplemental services. III. 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 preparing permits as may be required by the Corps of Engineers (COE) or the Environmental Protection Agency (EPA) or such other regulatory agency, or coordination with state agencies. The extent and scope of such services can not be fully defined at this time. 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. A-2 Resolution No. 2003-RO404 ATTACHMENT B TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Engineering Services for Storm Drainage Feasibility Study: From Playa Lake No. 43 to an existing storm drainage pipe outfall in Flint Avenue, named the "Maxey Park Drainage Outfall Improvements Feasibility Study". COMPENSATION BASIC AND SUPPLEMENTAL 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 B-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 October 30, 2003. 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. 7. The Engineer shall provide adequate resources to complete the services described herein within 11 calendar months of the date of the Owner's notice - to -proceed. The attached schedule can be adjusted based on the actual date of the Owner's notice -to -proceed. B. BASIC ENGINEERING SERVICES 1. The maximum billed for Basic Engineering Services including personnel services and reimbursable expenses for the Engineer and Subcontractors is shown as follows: Basic Basic Personnel Reimbursable Services Expenses Parkhill, Smith & Cooper, Inc. $ 64,223.00 $ 1,160.00 Hugo Reed and Associates, Inc. $ 118,717.00 $ 556.00 Surveying $ 13,580.00 TOTAL BASIC SERVICES NOT TO EXCEED $ 198,236.00 2. The Engineer shall start the performance of the Basic Design Services within ten (10) days of receipt of notice to proceed and will complete the Basic Design Services within 11 months. A schedule for Basic Engineering Services is attached. 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 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. 10 TABLE B-1 PERSONNEL SERVICES RATES TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Engineering Services for Storm Drainage Feasibility Study: From Playa Lake No. 43 to an existing storm drainage pipe outfall in Flint Avenue, named the "Maxey Park Drainage Outfall Improvements Feasibility Study". COMPENSATION RATES Hourly fees listed herein will apply for the term of this contract. A. PERSONNEL SERVICES Category of Personnel $/HR Parkhill, Smith & Cooper, Inc. Principal -in -Charge 139.00 Project Manager or Senior Professional Engineer 114.00 Professional Engineer 85.00 Professional Architect 85.00 Engineer -In -Training 76.00 Technician/Designer 68.00 Drafter/CADD Operator 61.00 Clerical 31.00 Hugo Reed and Associates Principal -in -Charge or Officer, Project Manager 110.00 Senior Engineer 95.00 Professional Engineer 85.00 Engineer -In -Training 72.00 Technician/Designer 67.00 Drafter/CADD Operator 60.00 Clerical 37.00 EIR 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. Resolution No. 2003-RO404 ATTACHMENT C TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Engineering Services for Storm Drainage Feasibility Study: From Playa Lake No. 43 to an existing storm drainage pipe outfall in Flint Avenue, named the "Maxey Park Drainage Outfall Improvements Feasibility Study" 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 C-1 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 A of this Agreement or other services as required. 12. Bear all costs incident to compliance with the requirements of this Attachment C. C - 2 Resolution No. 2003-R0404 EXHIBIT A-1 BASIC SERVICES TASKING, MAN-HOURS, REIMBURSABLES, AND SUBCONTRACTORS CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR STORM DRAINAGE MAXEY PARK DRAINAGE OUTFALL IMPROVEMENTS FEASIBILITY STUDY ESTIMATE OF MAN-HOURS, WORKSHEET 1 BASIC SERVICES, ESTIMATE OF MAN-HOURS AND TASKS Flle:..9-t m AAaxev 1A_xLS EXHIBIT A4 04-Se11-03 10:60 AM Firm Task Pdn. Prof. Sr. Prof. Prof. EfT TwAi icien Drafter Clerical Total Total or Mgr. Engr. Egr. Arch. or or CADD Hours Exionsion Officer Designer Operator $) PSC $139.00 $114.OD $114.00 $86.00 $65.0D $76.00 $W.OD $61.OD $31.OD HR «««««« Rates »»»»>»> $110.00 $110.00 MOD $85.00 $0.00 $72.00 $67.00 $60.00 $37.00 PSC 2 2 $170 HR 1. Receive and evaluate groundwater information horn 0 $0 City ff available PSC 2. Retrieve extent of aerial coverage ham Chys web ske 0 $0 HR (aerial photography) 0 $0 Chy to Pmvkle --- — PSG 3. Retrieve e#ent of aerial coverage from CWs web site 0 $0 HR (1929 datum City contow maps) 0 s0 — Ctty to pm" —^-- PSC 4. Receive and evaluate facift Womiation and plena 1 2 2 2 1 8 $720 HR from tine City for eiasting drainage structures 2 2 1 5 $351 PSC 5. Review TxDOT Information from Ctty regarding freeway 2 2 2 8 $550 HR effects on inflow to Maxey Park 2 2 2 6 $554 PSC 6. Retrieve Information regarding 2002 FIS restudy 2 2 4 $" HR in Me stay area, review, for spplicabWly 2 2 4 $410 PSC 7. Review PB model data ttmisWed by City 2 2 $228 HR 2 2 $220 PSC 8. Reserved 0 $0 HR 0 so PSC 9. Reserved 0 $0 HR 0 $0 PSG 1. Coordinate asserrieiy of aerials for work maps 0 $0 HR Coordinate assembly of 1929 comanas for work maps 0 so ---- City to provide — PSC 2. Spot check selected watershed areas agamt 200E 1 8 4 2 15 $1.028 HR FIS reaWdy 1 8 4 2 15 $985 PSC 3. Spot check selected watershed areas against 2002 1 2 4 7 $671 HR FlS re -study for cove number reasonableness 2 4 6 $478 Page 1 of 7 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR STORM DRAINAGE MAXEY PARK DRAINAGE OUTFALL IMPROVEMENTS FEASIBILITY STUDY ESTIMATE OF MAN-HOURS, WORKSHEET 1 BASIC SERVICES, ESTIMATE OF MAN-HOURS AND TASKS File: Svstsm Maxev tAALS EXHIBIT A-1 04-SOD-03 10:50 AM Firm Task Prin. Prol. Sr. Prof. Prof. EFT Technician Drafter Clerical Total Total or Mgr. Engr. Engr. Arch. or or CADD Horns Extension Officer Designer Operator a PSC $139.00 $114.00 $114.00 $85.00 a&5.00 $76.00 $6111100 $61.00 $31.00 HR ««««<«< Rates »>»»>»» $110.00 $110.00 a95.00 s5.o0 $0.00 $72.00 $67,00 $60.00 $37.00 PSC 4. Spot check P8 data against FIS to -study data 1 21 1 8 12 $1,050 HR 1 1 8 9 $671 PSC 5. Spot check HEC apes charnel data against comer 3 8 11 a950 HR map derived cross sections (FIS hydreuulicc dv*) 3 8 11 $861 PSC 6. Search archives and retrieve applicable FIS date 0 $0 HR 3 3 a285 PSC 7. No" City of adbtla W data needs from TxDDT 1 1 2 $145 HR and/or Pa 1 1 $37 Half models already received electronicall PSC 8. Reserved 0 $0 HR 0 W PSC 9. Reserved 0 a0 HR 0 $0 PSC to. Reserved 0 $0 HR 0 $0 PSC 1. Develop ffrnesd=fortol"swriple 2 5 7 $608 HR areas 2 5 7 $550 PSC 2. Calculate mW hydrographs for sample Wet area 1 6 7 $570 HR 1 1 $85 PSC 3. Develop madmum discharge to system from Well 8 24 32 $2.736 HR based on samples. and rkrekan of tkxe 8 12 24 44 $3,748 PSC 4 Compare Wets' peak conLhllot" to pipe capscity 2 2 $228 HR 2 2 $190 PSC 5. Adfuat Inlet conVbAlorls If pipe capacity exceeded 1 8 9 $722 HR I or inlet opening capacity exceeded 1 8 9 $661 Page 2 of 7 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR STORM DRAINAGE MAXEY PARK DRAINAGE OUTFALL IMPROVEMENTS FEASIBILITY STUDY ESTIMATE OF MAN-HOURS, WORKSHEET 1 BASIC SERVICES, ESTIMATE OF MAN-HOURS AND TASKS File: Svstem Mawev IAXLS EXHIBIT A-1 04-SeD-03 10:50 AM Firm Task Prin. Prol. Sr. Prof. Prof. FIT TeriuNderi Drafter Clerical Total Total or Mgr. ENr. EW. Arch. or orCADD Houas Extensm Officer Designer OWaW $ PSC $139.00 $114.00 $114.00 $95.00 $85.00 $76.00 $68.00 $61.OD $31.00 HR «««<c<c« Ratas »»>»»»> $110.00 $110.00 $95.00 $85.00 $0.00 $72.00 $67.00 $60.00 $37.00 PSC Reserved 0 $0 16. HR 0 $0 PSC Reserved 0 $o 17. HR 0 $0 PSC Reserved 0 $o 16. HR 0 $0 PSC 1. Confirm field Inxlels and headwalls at Wise 1 3 18 22 $1,849 HR Measure opeW*S, haedwall flare, for hydraulics 2 18 20 $1,486 Note field hydraulic corustrainfs on surface PSC 2. FWAd search for obvious Malty markers 2 a 10 $8% HR Time additional to Rom 1 above 2 8 10 $766 PSC 3. Coordinate with steveyors on spot sways 1 3 4 "al HR 1 3 4 6 $683 PSC 4. Reserved 0 $0 HR 0 $0 PSC 5. Reserved 0 $0 HR 0 $0 PSC 6. Reserved 0 $0 HR 0 $0 PSC 1. ESWUM approxdmata capadty d exdSbN W otMag 4 4 24 32 $2,620 HR with HGL at top of pipe (based on Chy plans and 0 $o PSCMRA spot sways), simulation set -Lip also PSC 2. Establish approximate capacity of audsting 90' ouffag 1 2 2 8 13 $1,145 HR with HOL at appr"mate gutter Una (based on City 0 $0 plane and PSGHRA spot sways), skmlation sat-W also PSC Meet with Chy on capacity, resWts 2 2 2 6 $550 HR 13, 2 2 4 $360 PSC No structural evaluation of aftling outlall pipe 0 $0 HR 14. 0 $0 PSC S. Reserved E 0 $0 Hfl I I 0 SO Page 3 of 7 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR STORM DRAINAGE MAXEY PARK DRAINAGE OUTFALL IMPROVEMENTS FEASIBILITY STUDY ESTIMATE OF MAN-HOURS, WORKSHEET 1 BASIC SERVICES, ESTIMATE OF MAN-HOURS AND TASKS File: Svstem Mavav 1A.X1 S EXHIBIT A-1 04-SWM 10:60 AAA Firm Task Prin. Proj. Sr. Prot. Prot. Err Technician Drafter Clerical Total Taal or Mgr. Enpr. Engr. Arch. or I or CADD Haas E#enslon officer Designer Operator $ PSC $139.00 $114.00 $114.00 $85.00 $05.00 $76.00 $68.00 $61.00 $31.00 HR c«««««<hates>»>»» >»> $110.00 $110.00 $95.OD $85.OD $0.00 $72.00 567.00 $60.OD $37.00 PSC 6, Reserved 0 $0 HR 0 50 PSC 1. Evaluate maps and recoanal6sence for fe86Nlle 1 2 4 7 $707 HR o Ball connactlon route to Fka/Tech Terrace area 2 4 6 $530 PSC 2. Coordinate with surveyors for spot survey date 0 $0 HR (See heading D. above) 0 $O PSC 3. Use FIS or PB curve nurllbers In ICPR If reasonable 0 0 0 0 $O HR Use elevation-outllow data and elevation-staage data 0 0 0 0 $0 from FIS and PB HEC-1 Input in ICPR unless proven to be too erralso s for use. PSC 4. Use FIS or PB drainage areas In ICPR if reasonable 0 0 0 0 so HR 0 0 0 0 $0 PSC 5. Use FIS or PB times of contcentraWn if rsasonede 0 0 0 0 $D HR for ]CPR set -Lip 0 0 0 0 $0 PSC 6. Model set-up In ICPR 8 12 12 32 $2,844 HR 30 88 48 24 190 $161556 PSC 7. Run ICPR at 25-year, 50-year and 100-year frequencies 4 8 12 $948 HR Graph and analyze output for each frequency 16 48 20 16 100 $8,720 Compare results with FIS and PB reswis PSC 8. Run 25-year FIS with PB models In HEC-1 1 4 5 $418 HR Summarize results 1 1 $96 PSC 9. Prepare and analyze comparison between HEC-1 4 4 12 20 $1,708 HR and ICPR for baseline differences 4 4 12 20 $1,644 PSG 10. Establish baseline parameters diet define comparison 2 2 8 12 $1,006 HR for later altanlativee slmulabons (Baseline ICPR) 2 2 8 12 $9W PSC 11. Run open channel modals and discharges for later 4 16 32 40 92 $6,688 HR comparison for structures bene8aed 4 8 12 512W Plot water surface on contaa vs. aerial overlay PSC 12. Reserved 0 $0 HR 0 $o PSG 13. Reserved 0 $0 HR 0 $0 Page 4 of 7 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR STORM DRAINAGE MAXEY PARK DRAINAGE OUTFALL IMPROVEMENTS FEASIBILITY STUDY ESTIMATE OF MAN-HOURS, WORKSHEET 1 BASIC SERVICES, ESTIMATE OF MAN-HOURS AND TASKS File: S�tam Maxev 1A.XLS EXHIBIT A-1 04-Seu-03 10:60 AM Firm Task Prin. Prof. Sr. Prof. Prof. ER Tednlcien Drafter Clerical Total Total or Mgr. Ergr. Engr. Arch. or or CARD Horns Elderston Officer Designer Operator S PSG $139.00 $114.00 $114.00 S85.00 $85.00 $76.00 $68.00 $61.00 $31.00 HR ««««uc<Rates»»»>»»> $110.00 $110.00 $95.00 $86-00 $0.00 $72.00 $67.00 $8000 $37.00 PSC 14. Reserved 0 $0 $0 HR 0 PSG 1. Trial and error sknt"bons for hydraulically largest 2 8 i6 16 42 $3.766 HR feasible connection to existing of 40 144 72 72 328 $27,564 (es imal 4 iterations) PSC 2. Comparison with no action model, summarize 2 8 8 1 19 $1,547 HR (4 aerations) 16 64 32 24 1 137 $11,621 PSC 3. Trial and error slmuWbDns for financially largest 1 41 8 8 21 $I.M HR feasible connection to existing outati 20 72 36 36 164 $13,792 (estimate 2 Relations) PSG 2. Comparison with no action model, summarize 1 8 4 1 14 $1,129 HR and hydraulically largest alternative (final liberation) 8 32 16 18 1 76 $61199 PSC 5. Con11514e graphs and of lt- logic plus analyses 4 4 4 12 $1,100 HR (Final iterah" = 2) 4 16 16 16 52 $4,072 PSG 6. Run open channel models for overflows 4 16 24 16 60 $4.616 HR (RnalIterations -2) 4 8 12 $1200 PSG 7. Pict aerial vs. contour overlays of water surface 4 16 32 32 84 $8,200 HR count shuchaes benefited, prepare maps 4 4 8 $820 final teratiors - 2 PSC S. Reserved 0 $0 HR 0 $0 PSG 1. No new right-of-way, or minor access,1s anticipated 0 0 0 0 $0 HR Identify potentlelrlght-of-wayneeus 0 0 0 0 SO PSC 2. Reserved 0 $0 HR 0 $0 PSC y 1, Nococrdlneflon with utilities at feaslbtty sttdy phase 0 0 0 0 $0 HR 0 0 0 0 $0 PSC 2. No coordination with state agencies atfessJblty abky 0 0 0 0 SO HR phase 0 0 0 0 $0 Page 5 017 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR STORM DRAINAGE MAXEY PARK DRAINAGE OUTFALL IMPROVEMENTS FEASIBILITY STUDY ESTIMATE OF MAN-HOURS, WORKSHEET 1 BASIC SERVICES, ESTIMATE OF MAN-HOURS AND TASKS Flle: System Macey lAALS CAnto11 A-r U4AeP-W Itnov FW Firm Task - Prin. or officer Prof. Mgr. Sr. FJgr. Prof. I Engr_ Prof. Arch ER Technician or Devitnor I Drafter or CADD Operator Clerical Total Hours Total Extension $ PSC HR ««««««Rates>»»»>»» $139.00 $110.00 $114.00 $110.00 $114.00 $95,00 $85.00 $85.00 $85.00 $0.00 $76.00 $72.00 $68.00 $67.00 $61.00 $W.00 S31.00 $37.00 PSC HR 5. Reserved 0 0 $0 $0 PSC Develop report narrative e1q>teinkg proceduea, date, 8 12 6 4 30 $2,512 HR 11. limitation 8 12 6 1 2 28 $2286 PSC 2. Prepare reporteA*ft 1 1 1 6 9 $794 HR 1 6 7 $517 PSC 3. Deliver to City 1 1 $31 HR 0 $0 PSC 4. Prepare budgetary opinions of probable cost 1 12 12 3 28 i2,184 HR (Two Owns vas) 1 12 12 3 28 5 PSC 5. Reserved 0 $0 HR 0 $p PSC Organize and corlsdWate study data for delivery 4 4 8 $760 HR 11. 4 4 1 8 $668 PSC Reproduce duplicates" of the a" data and 1 1 1 3 $221 12. deliver to City HR 1 2 1 4 $291 PSC 13, Organize electrONC files and dl..rWs, wdte to 1 2 1 4 $297 HR CD, spot check retrievability 1 2 1 4 $276 PSG 1. Progress meetings wtth City 9 9 9 27 $2.475 HR Estimate 3 meetings 9 9 9 27 $2.493 PSC 2. Final results nteewg 3 3 6 $570 HR 3 3 3 9 $831 Preperarfien tar meetings 8 8 16 $1,692 PSC R 13. 8 8 $760 Page 6 of 7 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR STORM DRAINAGE MAXEY PARK DRAINAGE OUTFALL IMPROVEMENTS FEASIBILITY STUDY ESTIMATE OF MAN-HOURS, WORKSHEET 1 BASIC SERVICES, ESTIMATE OF MAN-HOURS AND TASKS File: System Maxey laws EXHIBIT A-1 04-sep-03 10:50 AM Flrm Task Prim Prof. Sr. Prof. Prof. EFT Tedviclan Drafter Cledcal ToW ToW or Mgr. EnW. EnW. Arch. or or CADD Hours Extension Otlicer Deli rxlr Operator (j) PSC $139.00 $714.00 $114.00 $85.00 $85.00 $76,00 j68.00 j81.00 j31.00 HR «««««« Rates »»>»»»> j110.00 j110.00 $9500 $B5.00 $0.00 $72.00 $67.00 $W.00 537.W PSC No pAft meetings plamed 0 0 0 0 $0 HR 14. 0 0 0 0 $0 PSC Reserved 0 $0 HR 15. 0 $0 PSC 6. Reserved 0 $0 HR 0 $0 28 mums 295 571 188 16 0 755 0 302 OWN 29 M� 2184 �31 PSC 12 130 0 159 16 0 352 0 92 16 777 36% HR 16 165 571 29 0 0 403 0 210 13 1407 64% 2184 Touts for WorMhW 1— Brraic Onipr1 Swlcw PSC j1.688 $14,820 $0 $13,515 j1,360 $0 $26,752 $0 $5,612 $496 $64.223 35% HR $1,760 $16,150 S54,245 $2.465 j0 $0 $29,016 $0 j12,6W $481 $118,717 65%ii $182,9401 Page 7 of 7 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR STORM DRAINAGE MAXEY PARK DRAINAGE OUTFALL FEASIBILITY STUDY ESTIMATE OF REIMBURSABLE EXPENSES, WORKSHEET 2 BASIC SERVICES, REIMBURSABLE EXPENSES File: System Maxev 2A.XLS EXHIBITA-1 11.40AM 04-Seo-03 Reimbursable Expenses Total PSC Mileage 200 Miles ® $0.33 per mile $65 HR 200 Miles ® $0.33 per mile $65 PSC Blueline prints (aerials, contours, markup work sets) 5o Streets ® $2.55 per sheet $128 HR 50 Sheets ® $2.55 per sheet $128 PSC 8.5 x 11 and 1 lx 17 Reproductions, misc. 700 Sheets a $0.10 per sheet $70 HR 700 Streets ® $0.10 per sheet $70 PSC Toll telephone 1 Project ® $75.00 per project $75 HR 1 Project ® $75.00 per project $75 PSC Fax 50 Pages ® $1.00 per page $50 HR 50 Pages ® $1.00 per page $50 PSC Postage, shipping and delivery, misc. 12 Mailings ® $8.00 per mailing $96 HR 12 Mailings ® Woo per mailing $96 PSG CADD charges 0 Hours ® $8.00 per hour $0 HR 0 Hours ® $8.00 per hour $0 PSC 10 copies of feasibility study report to City, 4 to consultants 15 sets ® $35.00 per set $525 HR reproduce reproducible delivery sets 0 sets a $35.00 per set $0 PSG Reserved 0 sets ® $0.00 per set $0 HR 0 sets ® $0.00 per set $0 PSC Reserved 0 paired sets ® $0.00 per paired set $0 HR 0 paired sets ® $0.00 per paired set $0 y n. a� �o r; L � Subtotal$ for Worighaet 2 — Basic Design Services PSC $1,009 HR $484 w/ Contract multiplier for reimbursables = 1.15 Total $1,716 a Page 1 of 1 r CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR STORM DRAINAGE MAXEY PARK DRAINAGE OUTFALL FEASIBILITY STUDY ESTIMATE OF SUBCONSULTANT EXPENSES, WORKSHEET 3 BASIC DESIGN SERVICES, SUBCONSULTANT EXPENSES Rle: SYSTEM MAXEY 3A.XLS EXHIBIT A 1 11:45 AM 04-Se"3 Subconsultant Expenses Total Subtotal GEO Gootechnical sw rioss (subeonsultantl No geotechnicel seMces at Ieasbwty study stage $0 AER Aetial Photography (subconsultantl No aerial photography at feasibility study stage $0 SURV Survenino (subeonsultsntl Surveying allowance for manholes, inlet inverts, Wet measurements, etc. primarily profile or water surface related effects Two -man crew allowance 120 Hours O $ 100.00 per Hour $12,000 RPLS 16 Hours O $ 80.00 per Hour $1.280 Mileage 600 Miles O $ 0.60 per Mile $300 $13,680 aerials) city to obtain access permission onto private row MONW Monitoring well (subownay llttsnt) No monitoring welt at feasibility a" stage SubtatMefor Workshsst3 — Bole Design Servloss Itt �l �© Subtotal from Worksheet 1 $182,940 V- Subtotal from Wo*shoet 2 $1,716 C� ( Total Estimated Prols"onsl Basic Design SwAcss Fee $1W236 .}- Q Page 1 of 1 4 <2-003- t c)40c /- Resolution: -No. 2003-R SCHEDULE BASIC SERVICES 4—k CRY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR STORM DRAINAGE MAXEY PARK DRAINAGE OUTFALL IMPROVEMENTS FEASIBILITY STUDY BASIC SERVICES SCHEDULE &k-t-m tnan-m Aid TASK 2003 2004 J F M A M J J I A S O N D J F M A M J J I A S O N D Evaluate existing Information Coordinate & check existing potential H&H sbvdy data Develop allowances for branch (Nets Fleld raconnalssance items Computer simulation existing cepachy, Model existing conditions for baseline Run Simulations for new oudail connection Right of Way - NONE Coordination with utilities and state agencies — NONE Report preparation Delivery to City (backup data) Meetings