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HomeMy WebLinkAboutResolution - 2012-R0148 - Agreement - Parkhill, Smith, & Cooper Inc.- Drainage Improvements Project - 04_10_2012Resolution No. 2012—RO148 April 10, 2012 Item No. 5.8 RESOLUTION E 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 for the Northwest Lubbock Drainage Improvements Project, Phase 1, by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. by the City Council on April 10, 2012 TOM MARTIN, MAYOR TTEST; '&-- Rebec4 Garza, City Secretary APPROVED AS TO CONTENT: I rl Marsha Reed, P.E., Chief Operating Officer Michael G. Keenum, P.E., Storm Water Engineer APPROVED AS TO Mitchell gs:ecdocs/RES.Agrmt-PS&C,Northwest Lubb Drainage Improvemnts Proj 3.27.12 Resolution No. 2012—RO148 FAfl;1 4k',I4Z`1 FOR ENGINEERING SERVICES (CONSTRUCTION PERIOD SERVICES) 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 construct storm water drainage facilities from Yellowhouse Draw at Canyon Lake No. 2 to the vicinity of North Quaker Avenue and Erskine Street with such construction designated as the Northwest Lubbock Drainage Improvements Project, Phase l (hereinafter referred to as the project); and WHEREAS, Owner requires certain professional engineering and construction materials testing services in connection with the Project (hereinafter referred to as the Services) for the construction period; 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 April 10, 2012 ARTICLE 2 - SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the 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 for Basic Engineering Services in accordance with Attachment B, Compensation, which is attached hereto and incorporated by reference as part of this Agreement, and compensation for Basic Construction Period Services shall not exceed $ 2,399,640.00-�without formal, additional authorization by City Council. 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. 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. Laving 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, its elected officials, officers, employees, and independent contractors 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 that of any agent, servant or employee of Engineer in the execution or performance of this Contract. The indemnity provided herein shall survive the expiration or termination of this Agreement for a period not to exceed three years. 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/or Engineer, Engineer agrees to defend Owner. In the event Owner accepts Engineer's defense, Owner agrees to indemnify and reimburse Engineer to the fullest extent permitted by law on a pro rata basis for all expenses of defense. Owner also agrees to indemnify and reimburse Engineer to the fullest extent permitted by law 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 to the extent permitted by law. 7.5 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. 2 7.6 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. 7.7 Dispute Resolution. Owner reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, Owner shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, the former shall control. 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 4 - 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 Agreement, Engineer shall procure, pay for, and maintain the following insurance written by companies licensed in the State of Texas or meeting surplus lines requirements of Texas law and acceptable to Owner. The insurance shall be evidenced by delivery to Owner of one (1) certificate of insurance, executed by the insurer, listing coverage and limits, expiration date and term of policy, and certifying that the insurer is licensed to do business in Texas or meets the surplus lines requirements of Texas law, or by delivery to Owner of a certified copy of each policy, including all endorsements. The insurance requirements shall remain in effect throughout the term of this Agreement. A. General Liability: Engineer's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $1,000,000 each occurrence and in the aggregate and shall include the following: ■ Bodily Injury and Property Damage ■ Broad Form Contractual Liability • Personal Injury and Advertising Injury ■ Fire legal liability ■ Products and complete operations 3 B. Business Automobile Liability: Engineer's insurance shall contain a combined single limit of at least $500,000 per occurrence, and include coverage for, but not limited to, the following: ■ Bodily injury and property damage ■ Any and all vehicles owned, used or hired C, Worker's Compensation and Employers Liability Insurance: Engineer shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. Any termination of workers' compensation insurance coverage by Engineer or any cancellation or non -renewal of workers' compensation insurance coverage for the Engineer shall be a material breach of this Agreement. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Employer's Liability with limits of at least $1,000,000 each accident, $1,000,000 by disease policy limit, and $1,000,000 by disease each employee shall also be obtained and maintained throughout the term of this agreement. D. Other Insurance Requirements Engineer's general liability and auto liability insurance policies through policy endorsement must include wording, which states that the policy shall be primary and non-contributory with respect to any insurance carried by City of Lubbock. The certificate of insurance described must reflect that the above working is included in evidenced policies. E. Professional Liability Insurance (including errors and omissions) with minimum limits of $1,000,000 per claim. Engineer shall furnish owner certificates of insurance which shall include a provision that such insurance shall not be canceled without at least thirty (30) days written notice to Owner. 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 authorized 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. 4 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 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 Stop Work 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 85" Street Lubbock, Texas 79423 To Owner: City of Lubbock ATTN: Michael Keenum, 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" 5 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 disturbance, sabotage, construction Contractor default or abandonment, failure on the part of the construction Contractor to otherwise pursue construction of the project, legislative actions, Owner - directed changes to design criteria or scope 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. :7 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. 7 IN WUNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. APPROVED AS TO CONTENT: rl I 0,J a=, it? 0 , d Marsha Reed, P.E., Chief Operations Officer A11--di :4 Michael G. Keenum, P.E., Storm Water Engineer APPROVED AS TO FORM: CITY OF LUBBOCK �0 e ,,. t . v. IO ATTEST RebJeca Garza, City Secretary PARKHILL, SMITH & COOPER, INC. By: .2419 A Robert H. (Holly) HblFer, P.E. Principal Resolution No. 2012-ROI48 ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Northwest Lubbock Drainage Improvements Project Phase 1 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. 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. 5. 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 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 A-1 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. 16. 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 associates, consultants, subcontractors, or vendors. The term Engineer includes Engineer's Consultants. A-2 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 Times. 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 under 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. 28. 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 time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 30. Special Provisions —That part of the Contract Document's 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, A-3 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 or on after the Effective Date of the Construction Agreement and signed by Owner upon recommendation of the Engineer, ordering an addition, deletion, or revision in the work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Time but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 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 award of a construction contract to a Contractor, and upon written authorization from Owner, Engineer shall: i. 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 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, A-4 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. Engineer shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 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. 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 A-5 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. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review, that, to the best of Engineer's knowledge, information and belief, Contractor's work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe Contractor's work. In the case of unit price work, Engineer's recommendations of payment will include final determinations of quantities and classifications of Contractor's work (subject to any subsequent adjustments allowed by the Contract Documents). 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 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 A-6 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 Phase. The Construction Phase will commence with the execution of the first Construction Agreement for the Project or any part thereof and subsequent notice to proceed from Owner to Engineer, and will terminate upon written recommendation by Engineer for final payment to Contractors and subsequent delivery of record drawings to Owner. In no case shall the duration of the construction phase exceed the duration in Attachment A 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. 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. 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: 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 A-7 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: 1) 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. 1) 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: 1) 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, 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. A-8 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 PSC offices orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. 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. 3) Record names, addresses and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. 4) Maintain records for use in preparing Project documentation. S) Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. k. Reports: 1) 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. 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 A-9 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: 1) 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 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. 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 conduits and adjacent trench backfilling. b. Grouting of storm sewer conduits in tunnels. C. Tunneling operations for tunnel excavation and tunnel grouting where direct push or unlined two -pass methods are used. d. Placement of concrete. e. Placement of concrete erosion mats. f. Placement of street flexible base and asphalt stabilized base. g. Placement of hot -mix asphaltic -cement concrete pavement. h. In -place storm sewer pipeline watertightness and leakage tests. i. Preparation of surface for range seeding and sod placement to include fertilizer application to subgrade. j. Range seeding operations to include placement of seed. k. Storm water sampling station construction from pipe sampling ports up through the floor slab elevation and floor slab placement. Includes excavation. 1. Anchoring of rings and covers on specified manholes. 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. Construction materials field tests will be performed by Engineer in accordance with detailed tasking. 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. Construction, field testing and operational testing of check valve structures. Includes excavation and backfill. e. Fence repair and construction. f. Solid sod placement for areas receiving sod. g. Construction of storm water sampling station above station floor elevation. Includes backfill. h. Manhole construction of non -watertight manholes. i. Setting and anchoring of grates. j, Temporary items such as: 1) Traffic control devices. A-11 2) Storm water pollution prevention devices. 3) Cofferdams. 4) Temporary facilities and controls. 5) Project cleanup. k. Pipe joint leakage tests and strength tests at manufacturer's facilities. 1. Painting and other field -applied finishes. M. Portland cement concrete pavement and curb -and -gutter subgrade, formwork, applicable dowels and finishes. n. Tunneling operations for tunnel excavation and tunnel grouting where primary tunnel liner methods are used or geology is such that allow intermittent observation and confirmation. F. Post -Construction Period Services Record Drawings. Prepare record drawings from information and drawing markups supplied by Contractor. G. Deliverables 1. One reproducible set of record drawings delivered to Owner. 2. One non -reproducible set of record drawings delivered to Owner. 3. GIS shape files of system layout. 4. Compact discs containing the electronic files of the record drawings delivered to Owner. 5. One set of RPR inspection logs delivered to Owner. 6. Owner copies of Contractor submittals. H. Supplemental Construction Period Services None. 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; 1. Providing construction, property or other special field surveys. 2. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. 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. A-12 D. Additional services may be authorized by a notice -to -proceed in writing from the City Engineer and addressed to the Engineer. A-13 Resolution No. 2012-RO148 ATTACHMENT B TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Northwest Lubbock Drainage Improvements Project, Phase 1 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 July 1, 2012 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 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 28 months of the date of the Owner's notice -to -proceed to the Engineer, provided the construction Contractor completes the project within a 24- month construction period starting with a notice -to -proceed to the Contractor. The attached schedule can be adjusted based on the actual date of the Owner's notice -to -proceed and subsequent time extensions given to Contractor. 8. The Engineer has made reasonable effort to predict the effort and compensation for services, taking into account the term of the agreement and the Owner's available, authorized current budget as of the effective date of the agreement. B-1 The Engineer and Owner recognize that effort and rate of compensation are dependent on the construction Contractor's progress of the work in accordance with plans, specifications, and approved variations therefrom. Upon notification by the Engineer that additional funding will be required to complete the scope of services or schedule, the Owner's representative shall pursue and complete an amendment to the agreement providing for additional funds, or time, or both. Should the Owner fail to provide the additional funds, or time, or both, then Engineer may terminate this agreement at the point at which funding is exhausted, should such exhaustion occur prior to completion of project construction and/or project post -construction activities. B. BASIC ENGINEERING SERVICES The maximum billed for Basic Engineering Services including personnel services and reimbursable expenses for the Engineer and Subcontractors is shown as follows: Parkhill, Smith & Cooper, Inc. Hugo Reed and Associates, Inc. Terra Testing, Inc. CMT Engineering, Inc. Basic Basic Personnel Reimbursable Services Expenses $ 1,682,380.00 $ 90,158.00 $ 366,150.00 $ 163,725.00 TOTAL BASIC CONSTRUCTION PERIOD SERVICES NOT TO EXCEED WITHOUT AUTHORIZATION $ 57,736.00 $ 7,966.00 $ 27,375.00 $ 4,150.00 $ 2,399,640.00 The Engineer shall start the performance of the Basic Construction Period Services within ten (10) days of receipt of notice to proceed and will complete the Basic Construction Period Services within 28 months, contingent on the construction Contractor's prosecution of the work. A schedule for Basic Construction Period Services is attached. 2. Basic services are for a 24-month construction period. C. SUPLEMENTAL CONSTRUCTION PERIOD SERVICES None. LIM D. 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. H. TABLE B-1 PERSONNEL SERVICES RATES TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Northwest Lubbock Drainage Improvements Project, Phase 1 COMPENSATION RATES Hourly fees listed herein will apply until November 30, 2014. Hourly fees shall be adjusted beyond November 30, 2014 by multiplying the hourly fee by the Consumer Price Index increase published on or after January 1, 2014 and each successive year thereafter. A.PERSONNEL SERVICES Category of Personnel HR Parkhill. Smith & Cower. Inc. Principal -in -Charge 185.00 Project Manager 165.00 Senior Professional Engineer 143.00 Professional Engineer 122.00 Professional Architect 95.00 Engineer -In -Training 103.00 Technician/Designer 91.00 Drafter/CADD Operator 83.00 Clerical/PASS 70.00 Hugo Reed and Associates Principal -in -Charge or Officer 150.00 Project Manager 135.00 Senior Engineer 125.00 Professional Engineer 109.00 Engineer -In -Training 90.00 Technician/Designer 75.00 CADD Technician 69.00 Clerical 50.00 Survey Project Manager 75.00 RPLS 125.00 Survey Crew 175.001day B. REIMBURSABLE EXPENSES The following expenses are reimbursable: Travel, subsistence, reproductions, shipping charges, rentals, and incidental costs specific to this project. Resolution No. 2012-R0148 ATTACHMENT C TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Northwest Lubbock Drainage Improvements Project, Phase 1 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. To the fullest extent permitted by law, secure permission to enter upon public and private property when required in performance of the Engineer's services. 3. Access to existing property, boundary, easement, right-of-way, utility surveys and property descriptions. 4. Full disclosure regarding the Project. 5. A Project Manager fully acquainted with the Project who has authority to approve changes in the Project within the delegated authority of the Project Manager, render decisions promptly, and furnish information in a reasonable time frame. It is recognized that certain changes or decisions will require City Manager and/or City Council approval. 6. Pay all costs for advertising and reproduction incident to advertising public meetings except for those public meetings advertisements which the Engineer is obligated to perform under Basic or authorized Supplemental Services. 7. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Engineer, obtain advice of an attorney, insurance counselor and other consultants as Owner deems appropriate for such examination, and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Engineer. 8. Provide such legal accounting, independent cost estimating and insurance counseling services as may be required for the Project and such auditing services as Owner may require to ascertain how or for what purpose any contractor has used the monies paid to him under the construction contract. C-1 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. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of a hazardous environmental condition or of any other development that affects the scope or time of performance of Engineer's services, or any defect or nonconformance in Engineer's services or in the work of any Contractor. 13. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer. 15. Bear all costs incident to compliance with the requirements of this Attachment C. C-2 Resolution No. 2012-R0148 ATTACHMENT D ENGINEER'S RESPONSIBILITIES I. The Engineer's responsibilities under this agreement are shown in Exhibit A-1 for Basic Construction Period Services. II. The Engineer's responsibilities shown in Exhibit A-1 are congruent with the Scope of Services given under Attachment A. D-1 Resolution No. 2012-RO148 EXHIBIT A-f BASIC CONSTRUCTION PERIOD SERVICES TASKING, MAN-HOURS, REIMBURSABLES, AND SUBCONTRACTORS CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR STORM DRAINAGE CONSTRUCTION - ENGINEER'S RESPONSIBILITIES NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS PHASE 1, RFP 12-10284-MA, PROJECT NUMBER 92174 ESTIMATE OF MAN-HOURS, WORKSHEET 1 BASIC SERVICES, ESTIMATE OF MAN-HOURS AND TASKS FOR NORTHWEST LUBBOCK DRAINAGE SYSTEM CONSTRUCTION PHASE 1 File: NWLOIP•CONSTRUCT-HOURS-Pfii-BASICS (".X4S EXHIBIT A-1 16-Mar-12 05:15 PM Firm Task Prin. Proj. Sr. Prof. Architect F-IT Technician Drafter clerical Total Total or Mgr. Engr, Engr. or or CAD❑ or PASS Hours 6densior Officer Des nor Operator ($) PSC CCCCCCGCGCGC Rates »»»»»» $185.00 $165.00 $143,00 $122.00 $95.00 S103.00 S91.00 $83.00 $70.00 HR {Rates herein are projectedaverages for anticipated 28-month $150.00 S135,00 S125.00 $109,o0 $90.00 S75.00 $75.00 $50.00 a reemeni period, See Attachment B for compensation rates} A. Construction Period Services Prepare for and attend precorsiruction conference, Coordination with owner and contractor throughout construction period, Attend monthly progress meetings, Provide RPR's during normal work hours Monday -Saturday as work hours are defined in the specifications 1 RPR for up to 10 hours per day. Mon -Fri, for a 24-month construction period 1 RPR up to 8 hours per day on Saturdays for a 24-month consiruction perod 1 additional RPR part-time as necessary for 24-hour work at tunnels as deemed needed. or needed to cover multiple concurrent work sites (LIMITED) Engineer to supervise staff and make site visits, issue clarifications, recommend correction of defective work, I prepare field orders, prepare change orders, provide meeting documentation, recommend work change directives, evaluate or -equal and substitution items, observe field quality control tests, render opinions in case of dispute between owner and contractor, process and forward to owner and contractor progress payment requests, determine quantities to be paid in accordance with specifications, review contractor submittals, review contractor re -submittals, review field quality control tests, maintain daily inspection logs or reports, maintain submittal log, issue substantial completion document when appropriate, issue notice of acceptabilitylof work wheln appropriate las defined under Basic Services. Provide 1 full-time RPR subject to the time limitations above. Anticipated continuous or intermittent presence as defined in the agreement and dependent on the Contractor's quality of work for the following items.. 1. Laying of storm sewer pipe and adjacent trench backfilling I 2. Grouting of storm sewer pipe in tunnels 3. Tunneling operations for tunnel excavation and lunnel grouting where direct push or unlined two -pass methods are used. 4. Placement of Concrete. 5. Placement of street flexible base and asphalt stablized base. 6. Placement o1 hot -mix asphaltic cement concrete pavement. 7. In -place storm sewer pipeline watertightness and leakage tests. 8. Preparation of ground surface for range seeding and sod placement to include fertilizer application to subgrace, 9. Range seeding operations to include placement of seed. I I I 1C, Storm water Sampling Station Construction from pipe sampling ports up through the floor slab elevation and floor slab placement. Includes excavation. (Continued next page) Basic Sendces Page i of 6 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR STORM DRAINAGE CONSTRUCTION — ENGINEER'S RESPONSIBILITIES NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS PHASE 1, RFP 12-10284-MA, PROJECT NUMBER 92174 ESTIMATE OF MAN-HOURS, WORKSHEET 1 BASIC SERVICES, ESTIMATE OF MAN-HOURS AND TASKS FOR NORTHWEST LUBBOCK DRAINAGE SYSTEM CONSTRUCTION PHASE 1 PIN: Nw4DIP-CONSTRUR-HOURS-Phi-BASIcl rRP4,xLS EXHIBIT A-1 111 05:15 PM Rtrm Task Prin. Prof. Sr. Prof. Architect EIT Technician Drafter clerical Total Total or Mgr. Engr. Ergr. or or CARD or PASS Hours Extension Officer Des' ter Operator ($ PSC «««c<«« Rates »»}»»»> $185.00 $165.00 $143.00 $122,00 $95.00 $103.00 $91.00 $83.00 $70.00 HR (dates herein are projected averages for anticipated 28-month $150.00 $135.00 $125.00 $109.00 $90,00 $75.00 $75.00 $50.00 agreement period. See Attachment B for compensation rates) Provide anticipated Intermittent observation of the following items: 1, Construction materials field tests for density of soils, density of hot -mix asphalt pavemment, compressive strength of concrete, air content of concrete, slump of concrete, and other such types of field testing called for In the Contract Documents. I I I I 2. Headwall construction involving excavation phase, subgrade preparation, reinforing steel placement, formwork and backfill. 3. Inlet construction Involving excavation phase, subgmcle preparefilm mil'IloW steel placement, formwork, and backfill. 6, Fence repair and construction i 7. Solid sod placement for areas receiving solid sod. 8. Construction of storm water sampling station above station floor elevation. Includes backfill. 9, Ianhole construction, to. Salting and anchoring of grates. 11. Temporary (lams such as: a. Traffic control devices b. Storm crater pollution prevention control devices. c. Cofferdams. d. Temporary facilities and controls. a. Project cleanup, 12. Pipe joint leakage and pipe strength tests at manufacturer's facilities. 13. Painting and other field -applied coating finishes. I 14. Portland cement concrete pavement and curb and gutter subgrade, formwork, applicable dowels, and finishes. 1 S. Tunneling operations for tunnel excavations and tunnel grouting where primary tunnel liner methods are used or geology Is such that allow Intermittent observation and confirmation. A- Estimate at Man -Hours Exclusive of Submittals Items as iistad above except tot indivwdal task breakouts as listed below in She subheadings. PSC PrimeconsuRant 72 1,340 1,500 600 BAW 104 10,016 $1,058,900 HAA Subconsultart 24 400 400 80 884 $86.200 Basic Serillekes Page 2 of 6 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR STORM DRAINAGE CONSTRUCTION - ENGINEER'S RESPONSIBILITIES NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS PHASE 1, RFP 12-10284-MA, PROJECT NUMBER 92174 ESTIMATE OF MAN-HOURS, WORKSHEET 1 BASIC SERVICES, ESTIMATE OF MAN-HOURS AND TASKS FOR NORTHWEST LUBBOCK DRAINAGE SYSTEM CONSTRUCTION PHASE 1 Fur.NwLDrP-CONSrRLCr-HOURS-Phl-anSrrt rRFV1.WUS EXHIBIT A-1 16-Mar-12 05:15 PM Firm Task Prin. Proj. Sr. Prof, Architect EIT Technician Drafter Clerical Total Totai or Mgr. Engr. Engr. or or GADD or PASS Hours Extension Officer Des' ner Operator ($) PSG Rates >o»»»»» $185.00 $1655.00 $143.00 $122.00 $95,00 $103.00 $91 00 $83,00 $70.0C HR (Rates herein are projected averages for anticipated 28-mordh $150.00 $135,00 $125,00 $109,00 $90,00 $75.00 $75.00 $50.00 agreement period. See Attachment B for compensation rates) B. Estimate of Mar -Hours for Submittals Estimate in excess of 2,000 submittals. Majority will be soil compaction density reports and concrete field QC reports performed by testing lab technicians, the Contractor or the City's testing lab. Estimate that 150 submittals will be reviewed for preconstruction concurrence for hol-mix design, Concrete design, pipe laying schedule, erosion armor, filter cloth, etc„ etc., etc. Estimate that 15% will be re -submittals. PSC Prime consultant 600 1,600 480 200 900 3,750 $424,840 HRA Subconsutant $0 Allowance for 1 calendar months of 24-hour per day, 7-day per week tunneting operations where 24-hour operation is necessary to prevent "sticking" of construction equipment. Man-hours are In addition to man hours above. No duplicalion with man-hours above. This item estimates the equivalent done RPR atone site covering increased work time for 2nd shift, 3rd shift Man -Fri. 3-shift Saturday and 3-shift Sunday work. This RPR hs in additon to the two RPR's noted above, just assigned a1 a tunnel site. I I I I I I If 24-hour tunneling presence is not needed, City Storm Water Engineer can direct Engineer to use this allowance to observe other areas or sites of the work that need RPR observation. PSC Prime consultant 80 80 BO 800 1,040 $104,000 HRA Subconsultant 0 $0 Allowance for travei and site witness of pipe joint leakage tests and conduit Strength tests at manufacturer's facilities. includes some allowance for retesting or failing tests while still at manufacturer's testing location. Actual time dependent on Manufacturer and Contractor, Brief project team on permissible joint make-up. PSC Prime consultant 96 360 4 460 $50.040 HRA Subconsultant 0 $0 Basic Services Page 3 of 6 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR STORM DRAINAGE CONSTRUCTION -- ENGINEER'S RESPONSIBILITIES NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS PHASE 1, RFP 12-10284-MA, PROJECT NUMBER 92174 ESTIMATE OF MAN-HOURS, WORKSHEET 1 BASIC SERVICES, ESTIMATE OF MAN-HOURS AND TASKS FOR NORTHWEST LUBBOCK DRAINAGE SYSTEM CONSTRUCTION PHASE 1 Flra: NWLDIP-CONSTRUCT-HOURS-Phl-BASICS (REV).x1.5 EXHIBIT A-1 16-Mar-12 0515 PM Firm Task Prin. Proj. Sr. Prof. Architect EIT Technician Drafter Clencal Total Total or Mgr, Engr. Engr or or CARD or PASS Hours Extension Officer Des ner Operator ($) PSC cec<cc Rates »>»»>»» $185.00 S165.00 $143.00 $122.00 $95.00 $103.00 $91.00 $83.00 $70.00 HR (Rates herein are projected averages for anticipated 28-month $150.00 $135.00 $125.00 $109.00 $90.00 $75.00 $75.00 $50,00 agreement period. See Attachment B for compensation rates) Develop record drawings from Contractor's informatior. Plot and deliver to City. Prepare compact discs with record drawing tiles and deliver to City. Include Miller Park in record drawing development. Estimate average of 2 hours per sheet. Document changes mainly on plan -profile and pipe type sheets. Elevation changes and other changes to inlets to be noted not re -drawn. No changes at all to SW3P, manhole details, grading details, or TCP sheets. Estimated 110 sheets including Miller Park PSC Prime consultant 2 16 3? 32 80 80 2 246 $24.600 HRA Subconsultant 2 2 12 12 12 2 42 S3.958 100 2,136 0 3.984 0 0 1,604 7.480 92 1,072 16,468 PSC 74 2,134 0 3.572 0 0 1,192 7,480 80 1,010 15,542 94% HRA 26 2 0 412 0 0 412 0 12 62 926 15% i 6,408 PSC $13,590 $352,110 $0 $435,784 $0 $0 $122776 $680680 $6,840 $70,700 $1,682,380 95% HR $3,900 $270 $0 $44,908 $0 $0 $37,080 $0 $900 $31100 $90,158 5% Total $1,772,538 BASIC services Page 4 of 6 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR STORM DRAINAGE CONSTRUCTION -- ENGINEER'S RESPONSIBILITIES NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS PHASE 1, RFP 12-10294-MA, PROJECT NUMBER 92174 ESTIMATE OF REIMBURSABLE EXPENSES, WORKSHEET 2 BASIC CONSTRUCTION PERIOD SERVICES File: -AnR w Reimbursable Expenses Total PSC Mileage (Engineers. RPRs) 65.000 Miles ® $0-555 per mile ($0-555 PER MILE CURRENT 2012 IRS RATE USED FOR BUDGETING $38.075 HRA 5,000 Miles 0 $0-555 per mile PURPOSES. INVOICES WILL USE ACTUAL EFFFCTIVE IRS- $2,775 ALLOWABLE MILEAGE RATES AT TIME OF INVOICE) PSC Blueline prints • misC. drawings (1 set City, 1 set PSC, 1 set HRA) 260 Sheers (A$2.75 per sheet $715 HRA 0 Sheets Q $2.76 per sheet s0 PSC 8.5 x 11 and 1 ix 17 Reproductions, misc. lest Soo sheets per 13,000 Sheets a $0.12 par sheet $1,560 HRA month for 24 months, Zoo per month for HRA, and final logs) 4,800 Sheets @ $0.12 per sheet $576 PSC Toll/cell telephone (est. 24 months at $15drno, about half that for 1 Project 41 $3.600,00 per project $3.600 HRA HRA} 1 Project @ $1.800.00 per project $1,a00 PSC Fax (esf. 30 pages per month for 24 months, both firms) 720 Pages ® $1.00 per page 3720 HRA 720 Pages a $1.00 perpage $720 PSC Postage, shipping and dellvery, miser (avg. of postage & 720 Mailings a $4-00 per mailing $2,660 HRA UPSIPedEx-type service)(est. 30 per mo. For PSC and 10 per 240 Mailings a $4,00 per mailing $960 mo. For HRA)( for 24 months) PSC CAOD charges (word drawings) 180 Howl a $6.00 perhour $1,440 HRA 12 Hours 0 $8.00 perhour $96 PSC Plan and spec sets for heW and office use during aonatrucvon 5 sets @ $275.00 per sat $1,375 HRA (3 RPR and 2 Engineer) sets a $275.00 per set so PSC 2 sets of plans (1 for city, 1 for HRA)(record drawings) 2 sets 0 $225.00 per set $450 HRA (no revlslon of specifications) 0 sets `111 $0.00 perset $0 PSC Mylar for record drawings 1 rolls a $330.00 per roll =0 HRA 0 rolls ® $0.00 r roll $0 Basic Services 5 cf 6 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR STORM DRAINAGE CONSTRUCTION -- _ENGINEERS RESPONSIBILITIES NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS PHASE 1, RFP 12-10284-MA, PROJECT NUMBER 92174 ESTIMATE OF REIMBURSABLE EXPENSES, WORKSHEET 2 BASIC CONSTRUCTION PERIOD SERVICES R- Nvnnrr-c Ns IIZU"-HOurLS-PHI-ahSIC.xLS EXHIBITA-1 10:45AM 01-Oct-04 Reimbursable Expenses Tout PSC Overnight accomodations for pipe strength and joint test 2 Days @ $140.00 per Day 5280 HRA witnessing plus meals 0 Days 0 $140.00 per Day $0 (Estimate 12 trips at 3 nights each test, highly dependent on test start time at manufacturer, types of pipe to be tested, and any joint or load failures requiring retesting) 95C Air travel for pipe strength and joint test witnessing 1 Trips a $600.00 per Trip $600 HRA (Estimate 8 round trips, highly dependent on test 0 'Trips 0 $600.00 per Trip $0 start time at manufacturer, types of pipe to be tested, and any joint or load failures requiring retesting) PSC Car rental for pipe strength and joint test witnessing 2 Days a $90.D0 per Day $180 HRA 0 Days ® $90.00 per Day $0 PSC Film and developing of construction photos 0 Rolls (a $27.00 per Roll so HRA (estimate 7 rdis per month avg. 0 36 photos per roll for 24 0 Rolls rd $27.00 per Roll $0 months) (None -d1tai photos i Subtasde for Worksheat 2 — Basic Design Services - p5C $50.205 HRA $6,927 w/ Contract multiplier for reimbursades = 1.15 Total 585,702 Basic Construction Period Services - Woftheet 1 (Labor) Basic Construction Period Services - Worksheet 2 (Reimbursable Expenses) Constructior Materials Testing Subconsuatwi - Terra Engineers Construction Materials Teeing Subconsultant- CMT Engineering Total Estimated Basic Construction Period Services Sasie Services 6o,16 $1,772,538 $55,702 $393,525 $167,875 $2,399,WO CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR STORM DRAINAGE CONSTRUCTION — ENGINEER'S RESPONSIBILITIES NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS PHASE 1, RFP 12-10284-MA, PROJECT NUMBER 92174 ESTIMATE OF MAN-HOURS, WORKSHEET 1 BASIC SERVICE'S, ESTIMATE OF MAN-HOURS AND TASKS FOR NORTHWEST LUBBOCK DRAINAGE SYSTEM CONSTRUCTION PHASE 1 CONSTRUCTION MATERIALS TESTING SUBCONSULTANTS 1`46: NWLDIP.0 stuct-7ak Subs-Phl-Baskl CMTEngrg (REV) xls EXHIBIT A-1 4:30 P.M. 16-Mar-12 Subconsultant Expenses Qty Unit Unit price Line Total Total CoRstructlon Materials Testing iaubconsultant -CUT Engi neeriq Professional Engineer 340 Hour ® $ 165.00 $ 56,100 Engineering Technician (minimarm2-hour trip charge) 500 Hour a $ 55.00 $ 33,000 Engineering Technician (overtime and weekend rate) (minimum 2-hour trip charge) 180 Hour * $ 55.00 $ 11,700 Soils Moisture Density Relationship (Standard Proctor ASTM D698) (4-inch mold) 12 Each 0 $ 165.00 $ 1,980 Moisture Density Relationship (Standard Proctor ASTM 0598) (6-inch mold) 12 Each 0 $ 220.00 $ 2,640 In -Place Density Nuclear (rninimum charge for three per trip) (subgrade and flax base) 36 Each ® $ 25.00 $ 900 Atterberg Limits 20 Each ® $ 75.00 $ 1,500 Wet Ball Mill 12 Each a $ 250.00 $ 3,000 Bar linear shrinkage 12 Each 0 $ 55.00 $ 660 Moisture content 20 Each m $ 10-00 $ 200 Flex base depth check 30 Each 0 $ 50.00 $ 1,500 Gradation (dry) 20 Each 0 $ 55,00 $ 1,100 Concrete Making Compression Cylinders (ea) (4 mini (inciuding breaks) 24 Each a S 30-00 $ 720 Making Flexural Beams (ea) (4 rain) (including breaks) 12 Each 0 $ 60.00 $ 720 Entrained Air 8 Each a $ 35.00 $ 280 Slump 8 Each 1 0 $ 25.00 $ 200 Temperature 8 Each ® $ 5.00 $ 40 Concrete Cores (up to 4 inches) 1 Each ® $ 110.D0 $ 110 Additional Inches concrete cores exceeding 4 inches 12 1 Inches ® I $ 20.00 1 $ 240 Page 1 of 2 BASIC SERVICES CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR STORM DRAINAGE CONSTRUCTION — ENGINEER'S RESPONSIBILITIES NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS PHASE 1, RFP 12-10284aIIlA, PROJECT NUMBER 92174 ESTIMATE OF MAN-HOURS, WORKSHEET 1 BASIC SERVICES, ESTIMATE OF MAN-HOURS AND TASKS FOR NORTHWEST LUBBOCK DRAINAGE SYSTEM CONSTRUCTION PHASE 1 CONSTRUCTION MATERIALS TESTING SUBCONSULTANTS Ftls! NW401P•Conibud-lblt Subs4hl-Bash, CITY Engrg (BEY)-sts EXHIBIT A-1 4:30 P.M. 16-Mar-12 Suboonsultant Expenses Qty Unit Unit price Line Total Total AsphaltMagnesium soundness 5 Each 10 $ 330.00 $ 1,650 Sodium soundness 5 Each a $ 330.00 $ 1,650 Flat and elongated 5 Each a $ 110.D0 $ 550 Crushed face count 5 Each 0 $ 65.00 $ 425 Asphalt contort (Ignition)/Gredation 35 Each 0 $ 165.00 $ 5,775 Asphalt CoreThlclmess 35 Each 0 $ 11.00 $ 305 Marshall Lab Density (sat of 3) 35 Each a $ 140.DO $ 4,900 Marshall StaNIWFlow (set of 3) 35 Each 0 $ 140.D0 $ 4,900 Maximum Theoretical Density/ R+ca G" (GR) 35 Each ! $ 140.D0 $ 4,9D0 In place density (from comes) (Ga) 35 Each 0 $ 35.00 $ 1,225 Aahaft Cora (up to 3 inches) K Each 0 $ 65.D0 S 2,275 Addh*nal inches asphalt cores 100 Inches 0 $ 15.00 $ 1,500 Other Mileage 5,D00 Mile 0 $ 0,66 $ 3,250 Reproduction S,WD Sheet 0 $ 0.16 $ 000 Allowance for addhional taste (teals in excess of quantifies listed, uncertainty of Construction 1 Project a $ 17,00D.00 $ 17,0D0 Contractors schedule and operations, teats to resolve disputes, etc.) $167,875 For tests not specifically listed heraln, test charges win be in accordanca with the attached schedule of testing charges. Page 2 of 2 BASIC SERVICES Resolution No. 2012-RO148 CONSTRUCTION MATERIALS TESTING FEE SCHEDULE CMT Engineering, Inc 12804 County Road 2500 Lubbock TX 79404 Office (806) 771-7283 Fax (806) 771-7062 Client: Parkhill, Smith & Cooper, Inc. Project: Northwest Lubbock Drainage Improvements Phase I Date: 2/27/2012 Laboratory Tests Soils / Aggregates / Base Standard Proctor 4" mold $ 165.00 Standard Proctor 6" mold $ 220.00 Modified Proctor 4" mold $ 220.00 Modified Proctor 6" mold $ 275.00 Bulk Gravity / Moisture Correction $ 55.00 Tex 113-E $ 275.00 Tex114-E $ 275.00 Atterbur Limits $ 75.00 Classification of soils inc washedgrad) $ 85.00 Dry Gradation $ 55.00 Washed Gradation $ 80.00 Moisture content $ 10.00 Soil Cement Series $ 1,350.00 Wet Ball Mill $ 250.00 Bar Linear Shrinkage $ 55.00 Magnesium Soundness $ 330.00 Sodium Soundness $ 330.00 L.A. Abrasion $ 330.00 Flat and Elongated $ 110.00 Crushed Face Count $ 85.00 Decant $ 85.00 Deleterious $ 85.00 Resistivity $ 385.00 Sand Fineness Modulus $ 75.00 ASR- Acid Insoluble Residue $ 385.00 Inorganic Impurities -Color Test $ 110.00 Sand Equivalent $ 110.00 Concrete $ - Concrete Mix Design $ 550.00 C1260/1667 $ 1,100.00 Concrete Laboratory Trial Batch $ 275.00 �;- ;CMT Engineering Laboratory Tests Hot Mix Asphalt Content (ignition) / Gradation $ 165.00 TxDOT Gyratory set of 3 $ 165.00 Marshal Lab Density set of 3 $ 140.00 Marshal Stabili / Flow set of 3 $ 140.00 Max Theoretical Density/ Rice Gravity Gr $ 140.00 Core Thickness Test $ 11.00 In Place Density from cores Ga $ 35.00 Hot Mix Design $ 2,450.00 Hamburg Wheel Tracking $ 550.00 Boil Test $ 110.00 Abson Recovey W extraction $ 275.00 Asphalt Pen $ 85.00 Asphalt Elastic Recovery $ 300.00 Iviscosity $ B5.00 DSR $ 165.00 Field Testing* Nuclear Field Density 3 min $ 25.00 Field Resistivity Wenner Four Point $ 1,100.00 Flex Base depth Check $ 50.00 Asphalt Core (up to 3" Additional $15 per inch $ 65.00 Asphalt Thin lift nuclear gauge hrl $ 25.00 Slum $ 25.00 Entrained Air $ 35.00 Temperature $ 5.00 Fresh Concrete Unit Weight $ 35.00 Making Cylinders ea 4 min InOd breaks $ 30.00 Making Flexural Beams ea 4 min incld breaks $ 60.00 Concrete Cores (up to 4" Additional $20 per inch $ 110.00 Technician / Engineering Technician Hourly Two hour minimum $ 55.00 Technician Over Time Hourly" $ 65.00 Professional En ineerin Hourly $ 165.00 Mileage Vehicle(per mile $ 0.65 * Field testing is billed in addition to Tech hourly rates ** Technician over time will be applied when a technician's time exceeds 8 hours in one day and on weekends. Resolution No. 2012-RO148 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES FOR STORM DRAINAGE CONSTRUCTION -- ENGINEERS _RESPONSIBILITIES NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS PHASE 1, RFP 12-10284-MA, PROJECT NUMBER 92174 ESTIMATE OF MAN-HOURS, WORKSHEET 1 BASIC SERVIC€S, ESTIMATE OF MAN-HOURS AND TASKS FOR NORTHWEST LUBBOCK DRAINAGE SYSTEM CONSTRUCTION PHASE 1 CONSTRUCTION MATERIALS TESTING SUBCONSULTANTS F%c: nw�are-wren ��-a�s�us-net matt rerm [Rkv1-ats EXHIBIT A-1 4.AFP rui 1rLr,An._i� Subconsuttant Expenses Qty Unit Unit price Line Total Total 2012 - 2014 Construction erials Testis subconsuhant- Terra• dba Terre Tasting, Inc.) ProfessionalEngineer - Pnncipa 320 Hour a s 175A0 $ 58,000 Professional Engineer - Project Engineer 432 Hour a $ 95A0 $ 41,040 Engineering Technician (minimum 2-110ur tnp charge) 60U Hour a $ 70.00 $ 42,000 Engineering Technician (overtime and weekemd rate) (minimum 2-hour trip charge) 140 Hour a $ 105.00 $ 14,700 EngirnsHn2 Technician (hoi rate) (minimum 2-hour tnp charge) 160 Hour a $ 140.00 $ 22,400 Sails Molstu re Density Relationship (Standard Proctor ASTM 1)698) 18c Each a S 220.00 $ 39,600 Inplaee density (minimum charge for three per trip) 2,100 Each a $ 30.00 S 63,000 Nuclear density equipment Soo Hour a $ 25.00 $ 12,500 Atterberg Unihs W Each a $ 70.00 $ 2,100 Wet Baif M1 2 Each a $ 275-00 $ 550 Gradation (dry) 30 Each a $ 70.00 s 2.100 Sampte Preparation (Proctor Density) 180 Hour a $ 60.00 $ 10,800 In -place density Sand Core Method (minimum char a for three pertnp 12 Each a $ 200.00 $ 2,400 Concrete Compression Cylinders 92 Set of 4 0 $ 140.00 $ 12.880 Entrained AJr 92 Each In $ 55.00 $ 5.050 Slump 92 Each a S 20.00 S 1,840 Hold and Cure Test Cylinders 92 Each a $ 25.00 $ 2.200 Tunnel Cellular Grout Field Grout Cubes 32 Each a $ 240,00 5 7,660 Un t Weigh of Grout 32 Each a $ 13500 S 4,320 Hold and Cure Grout Trays 32 Each a $ 1500 $ 480 Cam eesian Test Grout Cubes ASTM C942 32 Per Tray a $ T5.00 $ 2,400 Other Trip charge 378 Each a S 6500 $ 24,375 Reproduction 6.000 Sheet la $ 0.sc $ 3.000 Allowance for addltlonel tests (tests in excess of quarNties listed. uncertainty of Construction 1 Project a $ 20,000 00 $ 20,000 Contractoes schedule and operations. tests to resolve disputes, etc.) S393,525 For teets not specifically listed herein, test charges will be in accordance with the attached schedule of testing charges. BASIC SERVICES 1 of 1 Resolution No. 2012-RO148 CMT Services for Phase 1 - Northwest Lubbock Drainage Improvement Project in Lubbock, TX Mr. R. Paul McMillen, P.E., C. F. M. Page 2 of 3 March 5, 2012 EXHIBIT - A 2012-2014 FEE SCHEDULE: Construction Material Testint=_ Services NO. DESCRIPTION OF TEST UNIT ASTM STANDARD UNIT COST 1.0 Laboratory Testine - Soils 1.1 Moisture Density Relationship (Standard) + one (1) hour of sample prep Each ASTM D-698 $220.00 1.2 Moisture Density Relationship (Modified) + one (1) hour of sample prep Each ASTM D-1557 $295.00 1.3 In -place density (In place densities based on a mininnmr of 3 tests per trip) Each ASTM D-2922 $30.00 1.4 Nuclear Density equipment flour $25.00 1.5 Atterberg Limits Each ASTM D-4318 $70.00 1.6 Unified soil classification (USC) Each ASTM D2487 $15.00 1.7 Wet Bali Mill Each Tex 116-E $275.00 1.8 Gradation (dry) Each ASTM D-136 $70.00 1.9 Sample preparation Hour $60,00 2.0 Laboratory Testine - Concrete and Cement 2.1 Compression Cylinders Set of 4 ASTM C-31 & 39 $140.00 2.2 Entrained Air Each ASTM C-231 $55.00 2.3 Slump Each ASTM C-143 $20.00 2.4 Coring with Diamond Core Barrel and Patching Each ASTM C-42 $175.00 2.5 Testing Cylinders Made and Submitted by Customer Each $20.00 2.6 Hold and Cure Test Cylinders made by Terra or Client Each $25.00 2.7 Mix Design Quoted on request 2.8 Batching to Verify Submittal Mix Design $1,750.00 2.9 Concrete Coring equipment Day $225.00 + bit charge 2.10 Core Bit charges 3.10.1 3-inch diameter core Inch $6.50 3,10.2 4-inch diameter core Inch $7.50 3.10.3 6-inch diameter core Inch $8.50 3.0 ENGINEER TIME & INSPECTION 3.1 Professional Engineer- Project principal Hour $175,00 3.2 Professional Engineer - Project Engineer Hour $95.00 3.3 Engineering Technician Hour $70.00 4.0 MISCELLANEOUS 4.1 Report Review and Preparation Hour $30.00 4.2 Drafting Hour $40.00 4.3 Reproduction Copy $0.50 4.4 Trip charge Trip $65.00 Note: 1. Overtime rates of 1.S tines the regular hourij, rate frill be charged.for hours worked over eight (8) hours per day or hours worked before 8:00 AM and or after 5:00 PM. Monday through Friday. All laboratory and f eld services performed on Saturday or Sunda),, will be billed at a 1.5 tines the regular hourly rare. All services performed an recognized holidays frill be billed at 2.0 times the regular rate. 2. All laboratory test fees are F.O.B. oar laboratory. Engineering technician rnininun:s and vehicle trip charges svill upply to all trips to the job -site including sample piclaips and specimen pickups. Technician rinse is charged portal-to-portal fron our Lubbock office 3. A minimum of two (2) hours technician time and vehicle trip charges will be billed for eabh call out, sample pichup or specimen pickup mrlem noted otherwise.. 4. Additional tests not specified in this fee schedule will be quoted upon request. WWW TERRA-ENG.COM ENVIRONMENTAL I GEOTECHNICAL I CONSTRUCTION MATERIAL TESTING SCHEDULE BASIC CONSTRUCTION PERIOD SERVICES SCHEDULE Resolution No. 20I2-ROI48 CITY OF LUBBOCK, TEXAS NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS PROJECT PHASE 1 BASIC CONSTRUCTION PERIOD SERVICES SCHEDULE (Project schedule is contingent on construction Contractor actual schedule) -V1 xts Description 2012 2013 11 2014 201 MW I.D 1PSched0e•Ph1 •V1.xW