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HomeMy WebLinkAboutResolution - 2004-R0425 - Amendment To Engineering Services Agreement - Parkhill, Smith & Cooper, Inc. - 09_16_2004Resolution No. 2004-RO425 September 16, 2004 Item No. 22 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment No..2 to the Agreement for Engineering Services between the City of Lubbock and Parkhill, Smith & Cooper, Inc. for the paving improvements on Milwaukee Avenue between 34`h Street and 98`h Street. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 16th day ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: City APPROVED AS TO FORM: ty Attorney as/CityAtt/John/Resolutions/PS&C Amend.Res.#2 September 2, 2004 Resolution No. 2004-RO425 September 16, 2004 Item No. 22 AMENDMENT NO.2 TO AGREEMENT FOR ADDITIONAL ENGINEERING SERVICES CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH & COOPER, INC. THIS Amendment No. 2 to Agreement for Engineering Services ("Amendment No. 2"), dated this 16th day of September, 2004, is by and between Parkhill, Smith & Cooper, Inc. ("Engineer"), of 4222 855 Street, Lubbock, Texas, a corporation duly chartered under the laws of the State of Texas, and the City of Lubbock, Texas ("Owner"), a Texas home rule municipal corporation. WHEREAS, pursuant to Agreement for Engineering Services, dated on or about April 22, 2004, Resolution No. 2004-RO210, ("Original Agreement"), Engineer agreed to provide engineering services to Owner related to the design and construction of Milwaukee Avenue, between 34th Street to 98`h Street, in the City of Lubbock, Texas ("Project"); WHEREAS, the Original Agreement was amended by Amendment No. 1, dated June 29 21, 2004, and by Ratification of Amendment No. 1 dated July 21, 2004, Resolution No. 2004- R03 68; WHEREAS, it has come to the attention of Owner and Engineer that additional services are required of Engineer regarding the Project; WHEREAS, Owner desires Engineer, who is eminently qualified to perform such additional services, to provide such additional services; WHEREAS, Owner and Engineer now desire to amend the Original Agreement and subsequent amendments to establish additional services and compensation for additional services associated with the Geotechnical Investigations for Milwaukee Avenue paving from 34`h Street to 98th Street, as set forth herein; NOW, THEREFORE, Owner and Engineer hereby amend the Original Agreement and subsequent amendments as follows: 1. "ATTACHMENT `A', SCOPE OF SERVICES" and "ATTACHMENT `13% COMPENSATION", to the Original Agreement are hereby amended by adding thereto ATTACHMENT "A" to this Amendment No. 2. 2. "ATTACHMENT `AA', PROJECT SCHEDULE", to Amendment No. 1 is hereby amended by adding thereto ATTACHMENT `B" to this Amendment No. 2. -1- CITY OF LUBOBCK, TEXAS APPROVED AS TO CONTENT: Larry H rtel, P.E. City Engineer APPROVED AS TO FORM: ATTEST: Xm M. ight Rebecca Garza Assistant City Attorney City Secretary PARKHILL, SMITH & COOPER, INC. BAin. Ech"Davis, P.E. Vice President Attest: e C. Clayto eager, E. President -2- Resolution No. 2004-RO425 September 16, 2004 Item No. 22 ATTACHMENT A TO AMENDMENT NO.2 TO AGREEMENT FOR ADDITIONAL ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Milwaukee Avenue paving from 34th Street to 98t' Street A DESCRIPTION OF SCOPE OF ADDITIOINAL SERVICES and COMPENSATION The scope of additional services for Amendment No. 2 is a follows. Work will not proceed until Owner has authorized Engineer in writing to proceed. SERVICES A. Geotechnical Investigations Services are defined by the tasks and man-hours in EXHIBIT A-1 GEOTECHNICAL INVESTIGATIONS and generally described as; i. Project Management / Coordination ii. Eighteen (18) exploratory borings iii. Standard Penetration Test (SPT) iv. Soil samples and laboratory analysis v. Geotechnical Investigations Report. II COMPENSATION A. Geotechnical Investigation Services will be paid as SUPPLEMENTAL SERVICES as defined by ATTACHMENT B to Amendment No. 1. B. The estimated compensation for Additional Services including personnel services and reimbursable expenses for the Engineer is shown as follows: Personnel Reimbursable Services Expenses Parkhill, Smith & Cooper, Inc. $2,842 $27,646 TOTAL ADDITIONAL SERVICES $30,488 -3- C. The maximum billed for Services including personnel services and reimbursable expenses for the Engineer under the Original Agreement and subsequent amendments is as follows: Personnel Services Reimbursable Expenses Original Agreement $100,320 $22,510 Amendment No. 1 $435,779 $531,456 Amendment No. 2 $2,842 $27,646 Subtotal $538,941 $581,612 TOTAL SERVICES NOT TO EXCEDD WITHOUT AUTHORIZATION $1,120,553 Resolution No. 2004-RO425 September 16, 2004 Item No. 22 ATTACHMENT B TO AMENDMENT NO.2 TO AGREEMENT FOR ADDITIONAL ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Milwaukee Avenue paving from 34'h Street to 98'h Street PROJECT SCHEDULE To expedite the project and to complete the entire project as one project, the Project Schedule and Phasing as defined by Attachment AA to Amendment No. 1 is revised as shown in Exhibit B-1 of this Amendment. -5- Resolution No. 2004-RO425 September 16, 2004 Item No. 22 EXHIBIT A-1 TO AMENDMENT NO.2 TO AGREEMENT FOR ENGINEERING SERVICES TASKING, MAN-HOURS, REIMBURSABLES, AND SUBCONTRACTORS Resolution No. 2004-RO425 September 16, 2004 TERRA ENGINEERS, INC.' ItemNo.22 P. O. Box 16605 • 5208 34' Street • Lubbock • Texas 79490-6605 e (806) 793-4767 • Fax (806) 793-4768 Saving the Construction Since 1977 August 31, 2004 Parkhill, Smith & Cooper, Inc. 4222 85th Street Lubbock, TX 79423 Attn.: Mr. Butch Davis, P.E., Vice President Re.: Proposal for Geotechnical Soil Investigation for the proposed Milwaukee Avenue Improvement Project in Lubbock, Texas Dear Mr. Davis: This is in reference to our meeting of August 31, 2004 with regard to the above referenced project. This Letter of Agreement, if acceptable to you, shall serve as the means of establishing our agreement and engagement of Terra Engineers, Inc. Terra Engineers, Inc. shall be referenced as "Consultant" and Parkhill, Smith & Cooper, Inc. as "Client". Outline of Basic Services: As per standard Geotechnical practice we propose to conduct the following field and laboratory tests for the above referenced project. 1. A total of eighteen (18) exploratory borings shall be drilled to various depths for the proposed project. 2. Standard Penetration Test (SPT) in accordance with ASTM D 1586 shall be performed at 2.5, 5.0 and 5.0 feet intervals thereafter to determine the relative strength of the soil. 3. Soil samples at the surface (TS), 2.5, 5.0 and 5.0 feet intervals thereafter shall be retrieved for laboratory analysis. 4. In the laboratory the soil sample retrieved from TS, 2.5 and 5.0 feet for each test hole shall be tested for the following soil parameters; a. Liquid limit, plastic limit, and the plasticity index of soils in accordance with, ASTM D 4318. b. Material finer than a 75-µm (No. 200) sieve by washing as per, ASTM D 1140. c. Natural Moisture content, ASTM D 2216. d. Soil Classification as per ASTM D 2487 based on laboratory determination of particle -size characteristics, liquid limit, and plasticity index. 5. The geotechnical field investigation, laboratory tests, geotechnical engineering analysis, and the report (10 copies) preparation shall be conducted under the supervision of a Professional Engineer registered in the State of Texas. www.terra-eng.com Environmental Services 9 Geotechnical Soil Investigation 9 Construction Material Testing . Steel Inspection/NDT Services • Professional Engineering Service e Proposal: Milwaukee Avenue Improvement, Lubbock, Texas Mr. Butch Davis, P.E. August 31, 2004 Page 2 of 3 Compensation for Basic Services: Compensation from the Client to Terra to provide professional geotechnical soil investigation services will be a lump sum amount of $27,584.00. Terms and Conditions: See attached Terms & Conditions (Rev. Jan 04). Authorization: To provide written authorization of this Agreement for Professional Services, please have the signature block below signed by a duly authorized person in the spaces provided and return the attached copy to us for our files. Whoever signs this proposal is identified as our Client as used throughout Terms & Conditions (Rev. Jan 04). Regards Consultant: Terra Ej By: I . Name: Title: Date: Enclosure: Ph.D. President AGREED AND ACCEPTED Client: Parkhill, Smith & Cooper, Inc. By: Name: Butch Davis, P.E. Title: Vice President August 31, 2004 Date: Cost Proposal www.terra-eng.com Environmental Services • Geotechnical Soil Investigation • Construction Material Testing . Steel Inspection/NDT Services 9 Professional Engineering Service l Proposal: Milwaukee Avenue Improvement, Lubbock, Texas Mr. Butch Davis, P.E. August 31, 2004 Page 3 of 3 TERMS & CONDITIONS (Rev. Jan 04) GENERAL CONDITIONS FOR TECHNICAL SERVICES 1. Parties to This Acreemgnn presentation of TERRA's invoice and is past due thirty (30) days from CLIENT as used herein is the entity who authorizes performance of invoice date. CLIENT agrees to pay a financing charge of one percent services by Terra Engineers, Inc., (TERRA) under the conditions stated (1%) per month (or the maximum rate allowable by law, whichever is herein. TERRA as used herein includes, Terra Engineers, Inc., its less), on past due accounts, and agrees to pay attomeys fees or other employees and officers, and its subcontractors and subconsultants costs incurred in collecting any delinquent amount (including affiliated corporations). 8. Data. Records, Work Product and ReWrt(s). and Samoles 2. On -site Responsibilities and Risks Data. Records, Work Product and Report(s) are TERRA's property. All 2A Riaht-of--Entry. Unless otherwise agreed, CLIENT will furnish pertinent records relating to TERRA's services shall be retained for a unfettered rights -of -entry and obtain permits as required for minimum of two (2) years after completion of the work. CLIENT shall TERRA to perform the fieldwork. have access to the records at all reasonable times during said period 2.2 Damage to Property. TERRA will take reasonable precautions to provided request is received in writing at least 48 hours in advance. reduce damage to land and other property caused by TERRA's TERRA will retain samples of soil and rock for a minimum of 30 days operations. However, CLIENT understands that damage may after submission of TERRA's report unless CLIENT advises TERRA occur and TERRA's fee does not include the cost of repairing otherwise. Upon CLIENTS written request, for an agreed charge such damage. If CLIENT desires TERRA to repair and/or pay for TERRA will store or deliver the samples in accordance with CLIENT's damages, TERRA will undertake the repairs and add the pre- instructions. agreed cost to TERRA's fee. 7. Indemnification 2.3 Toxic and Hazardous_ Materials. CLIENT will provide TERRA TERRA and CLIENT shall indemnify each other from any claims, with all information within CLIENT's possession or knowledge as damages, losses, and costs, including, but not limited to, reasonable to the potential occurrence of toxic or hazardous materials, or attorneys fees and litigation costs, to the proportionate extent caused by Biological Pollutants (as defined in 9. below) at the site being each partys own negligence, including the negligence of the investigated. If unanticipated toxic or hazardous materials, or indemnifying party, and its employees, affiliated corporations, officers, biological pollutants are encountered, TERRA reserves the right and sub -tier parties in connection with the project to demobilize TERRA's field operations at CLIENTs expense. 8. Conmuential Damages Remobilization will proceed following consultation with TERRA's CLIENT and TERRA each agree that neither of them will be liable to the safety coordinator and CLIENT's acceptance of proposed safety other for any consequential damages incurred by either due to the fault measures and fee adjustments. of the other, their employees, agents, or subcontractors. Consequential 2.4 Utilities and Pipelines. While performing TERRA's field work, damages include, but are not limited to, loss of use and loss of profit. TERRA will take reasonable precautions to avoid damage to 9. Biological Pollutants subterranean and sub aqueous structures, pipelines, and utilities. TERRA's scope of work does not include the investigation, detection, or CLIENT agrees to defend, indemnify, and hold TERRA harmless design related to the presence of any Biological Pollutants. The term for any damages to such structures, pipelines, and utilities that are "Biological Pollutants' includes, but is not limited to, mold, fungi, spores, not called to TERRA's attention and/or correctly shown on plans bacteria, and viruses, and the byproducts of any such biological furnished to Terra. organisms. CLIENT agrees that TERRA will have no liability for any 2.5 Site Safety. TERRA is not responsible for the job site safety of claim regarding bodily injury or property damage alleged, arising from, others, nor does TERRA have stop -work authority over work by or caused directly or indirectly by the presence of or exposure to any others. However, TERRA will conduct its work in a safe, Biological Pollutants. In addition, CLIENT will defend, indemnify, and workman -like manner, and will observe the work -site safety hold harmless TERRA from any third party claim for damages alleged to requirements of CLIENT that have been communicated to TERRA arise from or be caused by the presence of or exposure to any in writing. Biological Pollutants. If CLIENT requests in writing prior to acceptance 3. Standard of Care of this Agreement, TERRA will negotiate a greater limitation amount, 3.1 TERRA will perform its services consistent with that level of care and remove CLIENT's responsibilities, in exchange for an increase in and skill ordinarily exercised by members of the profession fee to develop an expanded scope of work to provide biological pollutant currently practicing under similar conditions in the same location. protection. 3.2 CLIENT acknowledges that conditions may vary from those 10. Acceptance_ of Agreement encountered at the location where borings, surveys, or These GENERAL CONDITIONS have been established in large explorations are made and that TERRA's data, interpretations, measure to allocate certain risks between CLIENT and TERRA. and recommendations are based solely on the information TERRA will not initiate service without formal agreement on the terns available to TERRA, and TERRA is not responsible for the and conditions set forth in these GENERAL CONDITIONS. Acceptance interpretation by others of the information developed. or authorization to initiate services shall be considered by both parties to 4. Limitation of Remedies constitute formal acceptance of all terms and conditions of these To the greatest extent permitted by law, CLIENTs sole remedy against GENERAL CONDITIONS. Furthermore, all preprinted terms and TERRA for claims and liabilities in any way arising out of or directly or conditions on CLIENT's purchase order or purchase order indirectly related to TERRA's work for CLIENT will not exceed the acknowledgment forms are inapplicable to these GENERAL amount of TERRA's fee, regardless of the legal theory under which CONDITIONS and TERRA's involvement in CLIENTs project remedy is sought In the event CLIENT does not wish to limit TERRA's 11. Termination of Contract remedy to this sum, and if CLIENT requests in writing prior to CLIENT and TERRA may terminate services at any time upon ten (10) acceptance of this Agreement, TERRA agrees to negotiate a greater days written notice. In the event of termination, CLIENT agrees to fully remedy amount in exchange for an increase in scope and fee compensate TERRA for services performed including reimbursable appropriate to the project and remedy risks involved. expenses to the termination date, as well as demobilization expenses. S. Invoices and Payment TERRA will terminate services without waiving any claims or incurring At TERRA's discretion, invoices will be submitted at the completion of any liability. task elements, or monthly for services rendered. Payment is due upon www.terra-eng.com Environmental Services • Geotechnical Soil Investigation e Construction Material Testing • Steel Inspection/NDT Services • Professional Engineering Service PARKHILL. SMITH & COPPER INC. GEOTECHNICAL SERVICES FOR MILWAUKEE AVENUE IMPROVEMENT PROJECT Subconsultant Expenses Oily Unit Unit Price Extension Total Geotechnleai Services Iw nsultant-Terra Enalneera Inc h Sic (6 test hole cross sections estimated at three (3) holes per cross section 1 Eighteen (18) test holes drilled to various depths 480 Lin. Ft. $15.50 $7."0 2 Standard penetration lest. ASTM D-1586, 114 Each $35.00 53,990 3 Moisture content, ASTM D 2216 - all soil samples 54 Each $10.00 5540 4 Atterberg Limits, ASTM D 4318 - all soil samples 54 Each $45.00 $2,430 5 Percent passing No. 200 sieve, ASTM D 1140 - all so! samples 54 Each $12.00 $648 6 Unified Soo Classification (USC), ASTM D 2487 - all soli samples 54• Each $15.00 Sato 7 Visual will classification Each $10.00 j0 8 Traffic Control per Texas Manual on Uniform Traffic Control Devices 7 Days $528.00 53.606 10 Site visits, oversight of personnel and crews, operational oversight 18 Hours $100.00 $1,800 11 Mobilization of drill rig 7 Days $350.00 $2.450 12 Crew vehicle 7 Days j100.00 j700 13 Engineering analysis, evaluation of data, professional opinions on disturbed 8 Hours $100.00 $500 versus undisturbed interface at each cross section 14 Clearing lest holes with utilities 36 Hour $55.00 $1,960 15 Word processing 5 Proud 530.00 5150 16 Report reproduction 10 Copies $15.00 5150 i27 5a4 Page 1 of 1 Resolution No. 2004-R0425 September 16, 2004 Item No. 22 EXHIBIT B-1 TO AMENDMENT NO.2 TO AGREEMENT FOR ENGINEERING SERVICES PHASING AND SCHEDULE (See Figure 1 and Figure 2) -7- I .,. .. y, ., r hlad t RIIIM[ 17' i i J 5'��, 8OMR.1 i ! li 1 �_ RARI! MOM R.1 }�MONR1.iC i "�-� ROIIRI _ R+1 %. IIOM R•1 MOM R4 '. PARK MOM R-i �IIOpR•1 :. R ± MOM wl . • R4 �t MQIR1 LW WYI� RALROM r- '`—fN" TO BE COMPLETED 1. BY OTHERS r N PHASE PROPOSED EXTENSION OF MILWAUKEE AVENUE J 34TH STREET TO 98TH STREET t r I 1_ _. , _ I a} , I t r � , 1 PHASE II (FUTURE -NOT SCHEDULED) FIGURE 1 RECOMMENDED PROJECT PHASING PLAN Lout. V@* ad C XI t UML*g F*W Sunayhp V@* oawd. DTM work W - Road." Daafgn Pm. PnptMon NY&-& skrd.aOhdeape. Sir". a 11WON -ion Pawnae Mr.Yli.9171kV. ow-ft weft. MMp6anwA Roadway That Cads. WAI*Obkn, 0ua01es. OerWW NdM AW of Way DecumaMe "d W W JAW... t. City of Lubbock Ergfnearing RwWw City of Lubbock ROW Acqu1.W"dDe kA".n Lrdlwrn r.t.ka ROW dduam rgienana L.rd.-.Mef.Y ROW dhma fifty Of LUDbock PUKhMmglBW Process. Contract AWardeNOrouno Smking Roadway Corohuedw Resolution No. 2004-R0425 September 16,2004, Item No. 22 FIGURE 2 - PROPOSED DESIGN AND CONSTRUCTION SCHEDULE FOR WLWAUKEE AVENUE-LUBBOCK, TEXAS Project Limb - From 34th Street to 50th Sheet: arid, From US 62-82 to 92nd Sheet (50M Street to US 62-02 to be deat ned and constructed by ofher3) 1 NOTE. TIME OF CONSTRUCTION FOR MILWAUKEE AVENUE HAS BEEN ESTIMATED TO Tb(E BETWEEN SEVEN AND TEN THIS TIME FRAME IS DEPENDENT UPON CONDITIONS ENCOUNTERED WRING REMEDIATION OF THE BACKFILL SUBSIDENCE KONG THE EXISTING SANITARY SEWER WITHIN THE PROPOSED MILWAUKEE RIGHT OF WAV.