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HomeMy WebLinkAboutResolution - 2007-R0174 - Agreement - Parkhill, Smith, & Cooper Inc. - Engineering Services - 04_26_2007Resolution No. 2007-RO174 April 26, 2007 Item No. 5.20 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: IITHAT 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 Agreement for engineering services and associated documents with Parkhill, Smith & Cooper, Inc. for water line distribution system improvements to Lubbock Preston Smith International IIAirport and Lubbock Rail Port Park. 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 EI Council. Passed by the City Council this 26th day of April , 2007. 00 DAVID A. MILLE , MAYOR 11 ATTEST: Rcb cca Garza, City Secretary CONTENT: Thomas Adams, Deputy City Manager Development Services APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section Le: UATTY/Linda/RES-PSC-Waterline-rail port April 20, 2007 Resolution No. 2007-RO174 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, between the City of Lubbock (hereinafter referred to as Owner) and Parkhill, Smith & Cooper, Inc., with principal offices at 4222 85'h Street, Lubbock, Texas 79423 (hereinafter referred to as Engineer). WITNESSETH: WHEREAS, Owner intends to construct certain water system improvements to serve the Lubbock Business Park - Railport (hereinafter referred to as the projects), more fully described as follows: Design of a new 500,000 Gallon Ground Storage Tank and Booster Pump Station (Pump Station No. 15), and design of 7 miles of 16" Water line and muse. appurtenances. Services will include design, Bidding, and construction phase services for the project. WHEREAS, Owner requires certain professional engineering services in connection with the Project (hereinafter referred to as the Services); and WHEREAS, Engineer is prepared and has the ability to provide such Services; NOW f-AEREFORE, 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 26, 2007 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 Services in accordance with Attachment B, Compensation, which is attached hereto and incorporated by reference as part of this Agreement. 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.I General. Having considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promises included herein, Owner and Engineer agree to allocate such liabilities in accordance with this Article 7. Words and phrases used in this Article shall be interpreted in accordance with customary insurance industry usage and practice. 7.2 Indemnification. Engineer agrees to defend, indemnify and hold Owner whole and harmless against all claims for damages, costs and expenses of persons or property that may arise out of, or be occasioned by, or from; any negligent act, error or omission of Engineer; or any agent, servant or employee of Engineer in the execution or performrance of this Contract. 7.3 Defense of Claims. In the event an action for damages is filed in which negligence is alleged on the part of Owner and Engineer, Engineer agrees to defend Owner. In the event Owner accepts Engineer's defense, Owner agrees to indemnify and reimburse Engineer on a pro rats basis for all expenses of defense. Owner also agrees to indemnify and reimburse Engineer on a pro rata basis for any judgment or amount paid by Engineer in resolution of such claim, however, any non judicial resolution of a claim must be approved by Owner prior to payment. Pro rata share shall be based upon a final judicial determination of negligence or, in the absence of such deternination, 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 Iegal liability for damages arising out of claims by Owner's employees. 7.5 Limitations of Liability. To the fullest extent permitted by law, Engineer's total liability to Owner for any and all injuries, claims, losses, expenses or damages arising out of or in any way related to the Project or this Agreement from any cause or causes, including but not limited to Engineer's negligence, errors, omissions, strict liability, or breach of contract, shall not exceed the minimum amounts required by Article 10 of this Agreement. 7.6 Other Project Indemnities, Indemnity provisions shall be incorporated into all Project contractual arrangements entered into by Owner and shall protect Owner and Engineer to the same extent. 7.7 Survival. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. ARTICLE 8 - INDEPENDENT CONTRACTOR Engineer undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of its own performance and that of its subcontractors, agents and employees. Owner shall have no right to supervise the methods used, but Owner shall have the right to observe such performance. Engineer shall work closely with Owner in performing Services under this Agreement. ARTICLE 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 Contract, Engineer shall procure, pay for, and maintain the following insurance written by companies licensed in the State of Texas or meeting surplus lines requirements of Texas law and acceptable to Owner. The insurance shall be evidenced by delivery to Owner of one (1) certificate of insurance, executed by the insurer, listing coverage and limits, expiration date and term of policy, and certifying that the insurer is licensed to do business in Texas or meets the surplus lines 2 requirements of Texas law, or by delivery to Owner of a certified copy of each policy, including all endorsements. The insurance requirements shall remain in effect throughout the term of this Contract. A. Comprehensive General Liability Insurance The Engineer shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury and $300,000 Property Damage per occurrence with a $1,000,000 combined single limit to include: Premises and Operations Explosion and Collapse Hazard Underground Damage Hazard Products and Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "C" waived) The Owner is to be named as an additional insured on this policy for this specific job, and a copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Comprehensive Automobile Liability Insurance The Engineer shall have Comprehensive Automobile Liability Insurance with limits of not less than: Bodily Injury $250,000/$500,000 Property Damage $100,000 to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned vehicles The Owner is to be named as an additional insured on this policy for this specific job and a copy of the endorsement doing so is to be attached to the Certificate of Insurance. C. Workers' Compensation and Employer's Liability Insurance As required by State statute covering all employees whether employed by the Engineer or any Subcontractor on the job with Employer's Liability of at least $100,000 limit. D. Professional Liability Insurance (including errors and omissions) with minimum limits of $1,000,000 per claim. Engineer shall furnish owner certificates of insurance which shall include a provision that such insurance shall not be canceled without at least thirty (30) days written notice to Owner. ARTICLE i 1 - OWNER'S RESPONSIBILITIES Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities, which is attached hereto and incorporated by reference as part of this Agreement. For purposes of this Agreement, Owner may act through its governing body or through administrative officials. ARTICLE 12 - REUSE OF DOCUMENTS All documents, including drawings, specifications and computer software, prepared by Engineer pursuant to this Agreement are instruments of service in respect to this Project. They are not intended or represented to be suitable for reuse by Owner or others on extensions of this Project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Engineer. ARTICLE 13 - AMENDMENT, TERMINATION AND STOP ORDERS This Contract may be altered or amended only by mutual written consent of both parties hereto and may be terminated by the Owner at any time by written notice to the Engineer. Upon receipt of 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, including a record drawing, shall be delivered to the Owner. The Owner may issue a Stop Work Order to the Engineer at any time. Upon receipt of such order, the Engineer is to discontinue all work under this Contract and cancel all orders pursuant to the Contract, unless the order otherwise directs. If the Owner does not issue a Restart Order within 60 days after receipt by the Engineer of the Stop Work Order, the Engineer shall regard this Contract terminated in accordance with the foregoing provisions. ARTICLE 14 - NONDISCLOSURE OF PROPRIETARY INFORMATION Engineer shall consider all information provided by Owner to be proprietary unless such information is available from public sources. Engineer shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of Owner or in response to legal process. ARTICLE 15 - NOTICE Any notice, demand or request required by or made pursuant to this Agreement shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To Engineer: Parkhill, Smith & Cooper, Inc. ATTN: John S. Kelley, P.E. 4222 851° Street Lubbock, Texas 79423 To Owner: City of Lubbock ATTN: Lee Ann Dumbauld, City Manager 1625 13'h Street Lubbock, Texas 79401-3830 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Engineer and Owner. ARTICLE 16 - UNCONTROLLABLE FORCES Neither Owner nor Engineer shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil 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. 4 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 parry'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. ARTICLE 20 - SUCCESSORS AND ASSIGNS Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns and legal representatives of such other party, in respect to all covenants, agreements and obligations of this Agreement. ARTICLE 21 - ASSIGNMENT Neither Owner nor Engineer shall assign, sublet or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the other, except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Engineer from employing such independent consultants, associates and subcontractors as he may deem appropriate to assist him in the performance of the Services hereunder. ARTICLE 22 - SUBCONTRACTORS No work herein called for by the Engineers shall be subcontracted to a subcontractor who is not acceptable to the Owner or assigned without prior written approval of the Owner. The Engineer shall require subcontracts to conform to the applicable terms of this Contract and include provisions which require subcontractor compliance with Owner's Rules. ARTICLE 23 - THIRD PARTY RIGHTS Nothing herein shall be construed to give any rights or benefits to anyone other than Owner and Engineer. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate, the Effective Date of which is indicated on page 1. 5 OWNER: ENGINEER: CITY OF LUBBOCK PARKHILL, SMITH & COOPER. INC. By: f David A. Miller Mayor ATTEST: -- ��. - Reba!!ca Garza, City Secretary APPROV S TO CONTENT: C darns, D puty City Manager APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section (�4'4 ZA "'. JohdS. Kelley, P.E. Firm Principal Resolution No. 2007—ROI74 ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock Project: Engineering Services to provide water to the Lubbock Business Park - Railport A DESCRIPTION OF SCOPE OF SERVICES The scope of services for this project is included as Exhibit A to this agreement. Work will not proceed until Owner has authorized Engineer in writing to proceed. BASIC SERVICES A. DESIGN SERVICES 1. Professional services as defined in Exhibit A. B. ADDITIONAL SERVICES 1. At the request of the OWNER, the ENGINEER will provide Additional Services as included herein or upon agreement between OWNER and the ENGINEER defining the extent of such Additional Services and the amount and manner in which ENGINEER will be compensated for such Additional Services. 2. 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. Additional services may be authorized by a notice -to -proceed in writing from the OWNER and addressed to the Engineer. A-1 Resolutions No. 2007—RO174 ATTACHMENT B TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock Project: Engineering Services to provide water to the Lubbock Business Park - Railport COMPENSATION BASIC AND SUPPLEMENTAL SERVICES For these services covered by this Agreement, the Owner agrees to pay the Engineer as follows: A. GENERAL 1. Professional services provided under this agreement will be paid for as set forth in Exhibit B. 2. The Engineer agrees to use its best efforts to perform services as defined herein within the billing limits stated below. 3. 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. 4. 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. 5. 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. 6. The Engineer shall provide adequate resources to complete the services described herein. B. BASIC ENGINEERING SERVICES 1. The maximum billed for Services including personnel services and reimbursable expenses for the Engineer and Subcontractors is $401,200.00 based on tasks and man hours shown on the project budget sheets set forth in Exhibit G. C. ADDITIONAL SERVICES Additional services must be authorized in writing by the Owner. 1. The maximum billed for Additional Services will be determined by mutual consent before the Additional Services are authorized by the Owner. The Engineer shall start the performance of the authorized Additional Services within ten (10) days of the receipt of notice to proceed and will complete the Additional Services within the time period determined by mutual consent before the Additional Services are authorized by the Owner. B-1 Resolution No. 2007—RO174 ATTACHMENT C TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock Project: Engineering Services to provide water to the Lubbock Business Park - Railport. OWNER'S RESPONSIBILITIES The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items: I. 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. Reasonable efforts to 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. S. 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. The Project Manager for this Project shall be the Chief Water Utilities Engineer for the City of Lubbock, and all submittals shall be directed to him. It is recognized that certain changes or decisions will require MAYOR, and/or CITY OF LUBBOCK Council approval. 6. Pay all costs for advertising and reproduction incident to advertising public meetings except for those public meetings advertisements which the Engineer is obligated to perform under Basic or authorized Supplemental Services. 7. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Engineer, obtain advice of an attorney, insurance counselor and other consultants as Owner deems appropriate for such examination, and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Engineer. 8. Provide such legal accounting, independent cost estimating and insurance counseling services as may be required for the Project and such auditing services as Owner may require to ascertain how or for what purpose any contractor has used the monies paid to him under the construction contract. 9. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of any defect in the Project. 10. Cooperate with Engineer in securing preliminary approvals and consensus from the governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. IL Furnish, or direct Engineer to provide, necessary Supplemental Services as stipulated in Attachment A of this Agreement or other services as required. 12. Bear all costs incident to compliance with the requirements of this Attachment C. EXHIBITS • Exhibit A Engineer's Services • Exhibit B Payments to the Engineer Lump Sum Method • Exhibit C Duties, Responsibilities, and Limitations of Authority of Resident Project Representative • Exhibit D Notice of Acceptability of Work • Exhibit E Engineers Opinion of Probable Costs • Exhibit F Site Plan • Exhibit G Project Budget Sheets for Task 1DSN, Task 2CST and Task 3S&T Resolution No. 2007-RO174 EXHIBIT A ENGINEER'S SERVICES Article l of the Agreement is amended and supplemented to include the following agreement of the parties. ENGINEER shall provide Basic and authorized Additional Services as set forth below. EXHIBIT A - PART 1 -- BASIC SERVICES A1.01 Study and Report Phase A. ENGINEER shall: 1. Consult with OWNER to define and clarify OWNER's requirements for the Project and available data. 2. Advise OWNER as to the necessity of OWNER's providing data or services which are not part of ENGINEER's Basic Services, and assist OWNER in obtaining such data and services. 3. Establish the scope, and advise the OWNER, of any special investigations, field surveys or soil and foundation investigations which, in the opinion of the ENGINEER, may be required for the proper execution of the Study and Report Phase; and arrange with the OWNER for the conduct of such investigations and tests. The performance of these investigations and tests is not a part of the ENGINEER's Basic Services, and compensation therefor is not included in the Basic Fee; the investigations and tests may be performed by the ENGINEER, by agreement with the OWNER, in which case compensation shall be determined by the applicable portions of Exhibit B. 4. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by ENGINEER, including but not limited to mitigating measures identified in the environmental assessment. The water design created by ENGINEER shall comply with all City of Lubbock specifications. 5. Identify and evaluate alternate solutions available to OWNER and, after consultation with OWNER, recommend to OWNER those solutions which in ENGINEER's judgment meet OWNER's requirements for the Project. 6. Prepare a report (the "Report") which will, as appropriate, contain schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate the agreed -to requirements, considerations involved, and those alternate solutions available to OWNER which ENGINEER recommends. This Report will be accompanied by ENGINEER's opinion of Total Project Costs for each solution which is so recommended for the Project with each component separately itemized, including the following, which will be separately itemized: opinion of probable Construction Cost, allowances for contingencies and for the estimated total costs of design, professional, and related services provided by ENGINEER, and other information furnished by OWNER. 7. Furnish five (5) review copies of the Report to OWNER and review it with OWNER. S. Revise the Report in response to OWNER's and other parties' comments, as appropriate, and furnish ten (10) final copies of the revised Report to the OWNER. B. ENGINEER's services under the Study and Report Phase will be considered complete on the date when the final copies of the revised Report have been delivered to OWNER. Page I of 9 (Exhibit A) PART i A1.02 Preliminary Design Phase A. After acceptance by OWNER of the Report, selection by OWNER of a recommended solution and indication of any specific modifications or changes in the scope, extent, character, or design requirements of the Project desired by OWNER, and upon written authorization from OWNER, ENGINEER shall: 1. On the basis of the above acceptance, selection, and authorization, prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of the Project. 2. Provide necessary field surveys and topographic and utility mapping for design purposes. Utility mapping will be based upon information obtained from utility owners. The performance of field surveys is not a part of the ENGINEER's basic services, and compensation therefore is not included in the Basic Fee; the surveys may be performed by the ENGINEER, by agreement with the OWNER, in which case compensation shall be determined by applicable portions of Exhibit B. 3. Establish the scope, and advise the OWNER, of any additional soils or foundation investigations which, in the opinion of the ENGINEER, may be required for the proper execution of the Project; and arrange with the OWNER for the conduct of such investigations and tests. The performance of these investigations and tests is not a part of the ENGMER's Basic Services, and compensation therefor is not included in the Basic Fee; the investigations and tests may be performed by the ENGINEER, by agreement with the OWNER, in which case compensation shall be determined by the applicable portions of Exhibit B. 4. Advise OWNER if additional reports, data, information, or services are necessary and assist OWNER in obtaining such reports, data, information, or services. 5. Based on the information contained in the Preliminary Design Phase documents, submit a revised opinion of probable Construction Cost. 6. Furnish five (5) review copies of the Preliminary Design Phase documents to and review them with OWNER. B. ENGINEER's services under the Preliminary Design Phase will be considered complete on the date when copies of the Preliminary Design Phase documents have been delivered to OWNER. A 1.03 Final Design Phase A. Review and approval of materials and final design for OWNER shall be through the Chief Water Utilities Engineer. After acceptance by OWNER of the Preliminary Design Phase documents and revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, but subject to any OWNER -directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from OWNER, ENGINEER shall: 1. On the basis of the above acceptance, direction, and authorization, prepare fmal Drawings indicating the scope, extent, and character of the Work to be performed and fiunished by Contractor. Specifications will be prepared, where appropriate, in general conformance with the 16-division format of the Construction Specifications Institute. 2. Provide technical criteria, written descriptions, and design data for OWNER's use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the Project and assist OWNER in consultations with appropriate authorities. 3. Advise OWNER of any adjustments to the opinion of probable Construction Cost. Page 2 of 9 (Exhibit A) PART 1 4. Prepare and fiunish five (5) sets of Bidding Documents and a revised opinion of probable Construction Cost for review and approval by OWNER, its legal counsel, and other advisors as appropriate, and assist OWNER in the preparation of other related documents. ENGINEER acknowledges and agrees that the bidding process must comply with Chapter 252 and Chapter 271, Texas Local Government Code. B. The number of prime contracts for Work designed or specified by ENGINEER upon which the ENGINEER's compensation has been established under this Agreement is one (1). C. ENGINEER's services under the Final Design Phase will be considered complete on the date when the final Bidding Documents have been delivered to OWNER. A1.04 Bidding or Negotiating Phase A. After acceptance by OWNER of the Bidding Documents and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by OWNER to proceed, ENGINEER shall: 1. Furnish the number of copies of the Plans and Specifications as required by prospective bidders and furnishers of material and equipment. All sets of plans and specifications are to be paid for separately under Exhibit B as an Additional Service. 2. Assist OWNER in advertising for and obtaining bids or negotiating proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre -Bid conferences, if any, and receive and process Contractor deposits or charges for the Bidding Documents. 3. Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents. 4. Consult with OWNER as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by Contractor for those portions of the Work as to which such acceptability is required by the Bidding Documents. 5. Attend the Bid opening, prepare Bid tabulation sheets, and assist OWNER in evaluating Bids or proposals and in assembling and awarding contracts for the Work. B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractors. A1.05 Construction Phase A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from OWNER, ENGINEER shall: 1. General Administration of Construction Contract. Consult with OWNER and act as OWNER's representative as provided in the General Conditions. 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 Exhibit C. The furnishing of such RPR's services will not extend ENGINEER's responsibilities or authority beyond the specific lirnits set forth elsewhere in this Agreement. The performance of the RPR is not included in the ENGINEER's basic fee and may be performed by the ENGINEER, by agreement with the OWNER, in which case compensation shall be determined by applicable portions of Exhibit B. Page 3 of 9 (Exhibit A) PART 1 3. Selecting Independent Testing Laboratory. Assist OWNER in the selection of an independent testing laboratory. The performance of these investigations and tests is not included in the ENGINEER's basic fee and may be performed by the ENGINEER, by agreement with the OWNER, in which case compensation shall be determined by applicable portions of Exhibit B. 4. Pre-Constnrction Conference. Conduct a Pre -Construction Conference prior to commencement of Work at the Site. 5. Baselines and Benchmarks. As appropriate, establish baselines and benchmarks for locating the Work which in ENGINEER's judgment are necessary to enable Contractor to proceed. The performance of field surveys is not included in - the ENGINEER's basic fee and may be performed by the ENGINEER, by agreement with the OWNER, in which case compensation shall be determined by applicable portions of Exhibit B. 6. 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, 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. ENGINEER will provide bimonthly progress reports to OWNER with photographic documentation. 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. 7. 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. 8. 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. 9. 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. 10. 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 Page 4 of 9 (Exhibit A) PART 1 to means, methods, techniques, sequences or procedures of construction or to safety, precautions and programs incident thereto. 11. Substitutes and "or -equal." Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor. 12. 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. 13. Disagreements between OWNER and Contractor. Render formal written decisions on all claims of OWNER and Contractor relating to the acceptability of Contractor's work or the interpretation ofthe 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. 14. Applications for Payment. Based on ENGINEER's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that ENGINEER recommends Contractor 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). 15. 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. 16. 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 deten7iinne 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. 17. Final Notice ofAcceptability of the Work. Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, ENGINEER shall also provide a notice in the form attached hereto as Exhibit D (the "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. Page 5 of 9 (Exhibit A) PART 1 B. Duration of Construction Phase. The Construction Phase will continence with the execution of the first Construction Agreement for the Project or any part thereof and will terminate upon written recommendation by ENGINEER for final payment to Contractors. If the Project involves more than one prime contract, Construction Phase services may be rendered at different times in respect to the separate contracts. 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. Page 6 of 9 (Exhibit A) PART 1 EXHIBIT A - PART 2 -- ADDITIONAL SERVICES A2.01 Additional Services Requiring OWNER's Authorization in Advance A. If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services of the types listed below. These services will be paid for by OWNER as indicated in Article 4 of the Agreement. 1. Providing design and/or construction surveys and staking to enable ENGINEER to perform its services and Contractor to perform his work, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 2. Services of a Resident Project Representative and other field personnel, as required, for on -the -site observation of construction and for construction layout surveys. 3. Soil and foundation investigations, including field and laboratory tests, borings, related engineering analysis and recommendations. 4. Preparing and furnishing to OWNER Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor. 5. Post -Construction Phase. The Post -Construction Phase includes, providing assistance in connection with the testing and adjusting of Project equipment or systems; Assisting OWNER in training OWNER's staff to operate and maintain Project, equipment, and systems; Assisting OWNER in developing procedures for control of the operation and maintenance of, and record keeping for Project equipment and systems; visiting the Project with the OWNER to observe any apparent defects in the Work, assist OWNER in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of Defective Work, if present; and in company with OWNER or OWNER's representative, provide an inspection of the Project within one month before the end of the Correction Period to ascertain whether any portion of the Work is subject to correction. 6. Preparation of applications and supporting documents (in addition to those fiunished under Basic Services) for private or governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 7. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by OWNER. 8. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by ENGINEER or its design requirements including, but not limited to, changes in size, complexity, OWNER's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date of this Agreement or are due to any other causes beyond ENGINEER's control. 9. Services required as a result of OWNER'S providing incomplete or incorrect Project information. 10. Providing renderings or models for OWNER's use. 11. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, and assisting OWNER in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by OWNER. Page 7 of 9 (Exhibit A) PART 2 12. Furnishing services of ENGINEER's Consultants for other than Basic Services. 13. Services during out-of-town travel required of ENGINEER other than for visits to the Site or OWNER's office. 14. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructibility review requested by OWNER; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 15. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by OWNER for the Work or a portion thereof. 16. Determining the acceptability of substitute materials and equipment proposed during the Bidding or Negotiating Phase when substitution prior to the award of contracts is allowed by the Bidding Documents. 17. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 18. Providing Construction Phase services beyond the Contract Times set forth in Exhibit B. 19. Providing assistance in resolving any Hazardous Environmental Condition in compliance with current Laws and Regulations. 20. Preparation of operation and maintenance manuals. 21. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other dispute resolution process related to the Project. 22. Providing more extensive services required to enable ENGINEER to issue notices or certifications requested by OWNER. 23. Services in connection with Work Change Directives and Change Orders to reflect changes requested by OWNER so as to make the compensation commensurate with the extent of the Additional Services rendered. 24. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or -equal" items; and services after the award of the Construction Agreement in evaluating and determining the acceptability of a substitution which is found to be inappropriate for the Project or an excessive number of substitutions. 25. Services resulting from significant delays, changes, or price increases occurring as a director indirect result of materials, equipment, or energy shortages. 26. Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the Work, (2) an occurrence of a Hazardous Environmental Condition, (3) Work damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. 27. Service.- in connection with any partial utilization of any part of the Work by OWNER prior to Substantial Completion. 28. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. Page 8 of 9 (Exhibit A) PART 2 29. Other services performed or furnished by ENGINEER not otherwise provided for in this Agreement. 30. Reimbursable expenses associated with providing additional services. Page 9 of 9 (Exhibit A) PART 2 Resolution No. 2007—R0174 EXHIBIT B PAYMENTS TO ENGINEER LUMP SUM METHOD Article 4 of the Agreement is amended and supplemented to include the following agreement of the parties: ARTICLE 4 -- PAYMENTS TO THE ENGINEER B4.01 For Basic .Services Having.4 Determined Scope --Lump Sum Method oj'Pgvment A. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit A -Part 1, as follows: 1. A Lump Sum amount of S 312,000.00 based on tasks and man hours shown on the project budget sheets set forth in Exhibit G. 2. The Lump Sum includes compensation for ENGINEER's services and services of ENGINEER's Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Direct Expenses. 3. The portion of the Lump Sum amount billed for ENGINEER'S services will be based upon ENGINEER's estimate of the proportion of the total services actually completed during the billing period to the Lump Sum, 4. The Lump Sum is conditioned on Construction Contract Tunes to complete the Work not exceeding ' months. Should the Construction Contract Times to complete the Work be extended beyond this period, the total compensation to ENGINEER shall be appropriately adjusted. 5. If more prime contracts are awarded for Work designed or specified by ENGINEER for this Project than identified in Exhibit A - Part 1, the ENGINEER shall be compensated an additional amount equal to S ** for all Basic Services for each prune contract added. 6. If during the Preliminary Design Phase or prior to completion of the final Design Phase (as those terms are identified in Exhibit A) it is determined that any component should be eliminated, reduced, delayed, or downsized within the discretion of Owner or its designated representative, the Engineer's Scope of Services and Engineer's Opinion of Probable Cost ("EOPC") shall be modified and Article 4 (B4.01) adjusted subject to approval of the Owner's Board of Directors and Engineer. Any such adjustment when approved by each party shall be recognized as an amendment to this Agreement. B4.02 For AuthorizedAdditional Services --Standard Hourly Rates Method of Pgyment. A. OWNER shall pay ENGINEER for authorized Additional Services set forth in Exhibit A - Part 2 as follows: 1. For labor on an hourly rate basis in accordance with Appendix 1. 2. For reimbursable expenses, on the basis of cost times a factor of 1.15 B. The hourly rate schedule will be adjusted each January I st to reflect cost of living adjustments. Page I of 2 (Exhibit B) Client: City of Lubbock Project: Lubbock Business Park - Railport Agreement Date: 4/20/07 Classification Hourly Rate PROFESSIONAL LEVEL VII Engineer VII Architect VIII Landscape Architect Vill PROFESSIONAL LEVEL VI Engineer VI Architect VII Landscape Architect VII PROFESSIONAL LEVEL V Engineer V Architect V1 Landscape Architect VI PROFESSIONAL LEVEL IV Engineer IV Architect V Landscape Architect V PROFESSIONAL LEVEL III Engineer III Architect IV Interior Designer V Engineering Technologist IV Resident Project Representative IV Landscape Architect IV PROFESSIONAL LEVEL II Engineer 1/II Architect III Interior Designer IV Engineering Technologist III Resident Project Representative III Landscape Architect III Expenses Parkhill, Smith & Cooper, Inc. Hourly Rate Schedule Current through December 31, 2007 January 1, 2007 Classification Hourly Rate 151,00 PROFESSIONAL LEVEL 1 67.00 Intern (Architect) I/I! Interior Designer III Intern (Interiors) it Engineering Technologist 1/11 128,00 Resident Project Representative I/II CADD Manager V SUPPORT STAFF III 64.00 Engineering Technician IIIIIV 114.00 CADD IV Administrative Secretary III SUPPORT STAFF II 59,00 Accounting Clerk 98.00 CADD Clerical Engineering Technician lilt Administrative Secretary I / II 82.00 SUPPORT STAFF 1 33.00 Accounting Clerk Trainee CADD Trainee Clerical Trainee 74.00 Reimbursement for expenses, as listed below, incurred in connection with the services, will be at cost plus fifteen percent for items such as; 1, Maps, photographs, postage, toll telephone, reproductions, printing, equipment rental, and special supplies related to the services. 2. Consultants, soils engineers, surveyors, contractors, and other outside services. 3. Rented vehicles, local public transportation and taus. travel, and subsistence. 4. Special or job specific fees, insurance, permits, and licenses applicable to the work services. 5. Outside computer processing, computation, and proprietary programs purchased for the services. Rate for professional staff for legal proceedings or as expert witnesses will be a rate one and one-half times the Hourly Rates specified above. Excise and gross receipts taxes, if any, will be added as an expense. The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2007 through December 31, 2007. After December 31, 2007, invoices will reflect the Schedule of Charges currently in effect Page 2 of 2 (Exhibit B) Resolution No. 2007—RO174 EXHIBIT C DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE Paragraph 1.41C of the Agreement is amended and supplemented to include the following agreement of the parties: C6A2 Resident Project Reprerentative A. ENGINEER shall furnish a Resident Project Representative ("RPR"), assistants, and other field staff to assist ENGINEER in observing progress and qualityof the Work. The RPR, assistants, and other field staff under this Exhibit C may provide full time representation or may provide representation to a lesser degree. 9. 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 contractors 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. C. The duties and responsibilities of the RPR are limited to those of ENGINEER in the Agreement with the OWNER and in the Contract Documents, and are further limited and described as follows: 1. General. RPR is ENGINEER's agent at the Site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with ENGINEER and Contractor, keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the fill knowledge and approval of Contractor. RPR shall generally communicate with OWNER with the knowledge of and tinder the direction of ENGINEER. 2. 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. 3. 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. 4. Liaison: a. Serve as ENGINEER's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist ENGINEER in serving as OWNER's liaison with Contractor when Contractor's operations affect OWNER's on -Site operations. c. Assist in obtaining from O WNFR additional details or information, when required for proper execution of the Work. 5. Interpretation uj'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. Page 1 of 4 Pages (Exhibit C - Resident Project Representative) 6, Shop Drawings and Samples. a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor. and notify ENGINEER of availability of Samples for examination. c. 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. 7. ModiTcations: 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. 8. Review o]'Wurk and Rejection of Defective Work: a. 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. b. 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 ENGTNE.ER 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. 4. Inspections, Tests, and Systems Starrups: a. Consult with ENGINEER in advance of scheduled major inspections, tests, and systems startups of important phases of the Work- b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate OWNER's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to ENGINEER appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to ENGINEER. 10. Records: a. Maintain at the Site orderly tiles for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. 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. c. Record names, addresses and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. Page 2 of Pages (Exhibit C - Resident Project Representative) d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to ENGINEER. 11. Reports: a. 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. b. Draft and recommend to ENGINEER proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. furnish to ENGINEER and OWNER copies of all inspection, test, and system startup reports. d. 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. 12. 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. 13. Certificates, Operation and Maintenance <Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to ENGINEER for review and forwarding to OWNER prior to payment for that part of the Work. 14. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. 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. c. 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. d. 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. D. 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 asset forth in the 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. Page 3 of 4 Pages (Exhibit C - Resident Project Representative) 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. b. 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. Page 4 of 4 Pages (Exhibit C - Resident Project Representative) Resolution No. 2007—RO174 EXHIBIT D NOTICE OF ACCEPTABILITY OF WORK PROJECT: OWNER: OWNER's Construction Contract Identification: EFFECTIVE DATE OF THE CONSTRUCTION AGREEMENT: CONSTRUCTION CONTRACT DATE: ENGINEER: To: OWNER And To: CONTRACTOR The undersigned hereby gives notice to the above OWNER and CONTRACTOR that the completed Work furnished and performed by CONTRACTOR under the above Contract is acceptable, expressly subject to the provisions of the related Contract Documents and the terms and conditions set forth on the reverse side hereof. By: Title: Dated: Page 1 of 2 Pages (Exhibit D - Notice of Acceptability of Work) (Reverse side of Notice) CONDITIONS OF NQTICE OF ACCEPTABILITY OF WORK The Notice of Acceptability of Work ("Notice") on the front side of this sheet is expressly made subject to the following terms and conditions to which all persons who receive said Notice and rely thereon agree; 1. Said Notice is given with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time and in the same locality. 2. Said Notice reflects and is an expression of the professional judgment of ENGINEER. 3. Said Notice is given as to the best of ENGINEER's knowledge, information, and belief as of the date hereof 4. Said Notice is based entirely on and expressly limited by the scope of services ENGINEER has been employed by OWNER to perform or burnish during construction of the Project (including observation of the CONTRACTOR'S work) under ENGINEER's Agreement with OWNER and under the Construction Contract referenced on the reverse hereof, and applies only to facts that are within ENGINEER's knowledge or could reasonably have been ascertained by ENGINEER as a result of carrying out the responsibilities specifically assigned to ENGINEER under ENGINEER's Agreement with OWNER and the Construction Contract referenced on the reverse hereof. 5. Said Notice is not a guarantee or warranty of CONCRACTOR's performance under the Construction Contract referenced on the reverse hereof nor an assumption of responsibility for any failure of CONTRACTOR to furnish and perform the Work thereunder in accordance with the Contract Documents. Page 2 of 2 Pages (Exhibit D - Notice of Acceptability of Work) OPINION OF PROBABLE COST Lubbock Economic Development Alliance Water System Improvements @ Lubbock Preston Smith International Airport Proposed Supply Line, Ground Storage Tank and Booster Pune Station (Option ff 1 Parkhill, Smith, & Cooper, Inc. L U B B O C K 4222 85th Street Lubbock, Texas 79423 1 Mobilization/Oemobilization LS 1 $100,000 $100,000 16" Supply line from A" to FAA 1294 (Railoort Site) Connect to Supply line at WTP 2 LS 1 $2,500.00 $2,500 3 16-inch C905 Water Transmission Line LF 23,100 $45.00 $1.039,500 4 16" Gate Valve EA 9 $8,200.00 $73,800 5 Ductile Iron Fittings Ton 4 $5,500.00 $22,000 6 24- Steel Casing in Bore LF 300 $225.00 $67,500 Subtotal Supply Line $1,205,300 Now 500.000 Gallon GST & Booster Pump Station 7 Misc. Site Work LS 1 $15,000.00 $15,000 8 500,000 Gallon Ground Storage Tank LS 1 $275,000.00 $275,000 9 Foundation for a 500,000 Gallon Ground Storage Tank LS 1 $25,000.00 $25,000 10 Paint System L5 1 $110,000.00 $110,000 11 Site Grading LS 1 $10,000.00 $10,000 12 Misc. Piping LS 1 $15,000.00 $15,000 13 New 200 HP Vertical Turbine Pumps & Controls EA 2 $30,000.00 $60,000 14 6' Chaintink Fence LF 600 $35.00 $21,000 15 Electrical LS 1 $35,000.00 $35,000 Subtotal GST & BPS $566,000 16 16-Inch C905 Water Transmission Line LF 4,050 $45.00 $182,250 17 16" Gate Valve EA 2 $8,200.00 $16,400 18 Ductile Iron Fittings Ton 0.6 $5,500.00 $2,750 19 24" Steel Casing in Bore LF 600 $225,00 $135,000 20 Electrical LS 1 $20,000.00 $20,000 Subtotal Fire Line & Purnpi $356.400 Subtotal Construction Items $2,227,700 Contingency @ 20% $4d5,600 Opinion of Total Construction Cost $2,773,300 Engineering $222,800 Surveying $55,700 Testing/Geotech $33,500 RPR S89.200 OPINION OF PROBABLE COST $3,141 Figure 7-1 No Text PARKHILL, SMITH & COOPER, INC. PROJECT BUDGET SHEET LOCATION CODE: 01 IN I 1 . PROJECT NAME: 513 Water System Improvements •••'=" '� JOB NO.: 01-2296-07 s TASK: I DSN ' DATE: 03/23/07 FEE TYPE: 'Lump Sum PREPARED BY: BS PRINCIPAL: 1TH PROD, MANAGER: BS OVERHEAD RATE: PROFIT ON LABOR. PROFIT ON REHAB: 15.00% PROFIT ON DIRECTS: 15.00% TOTAL FEE: $2 ZO9 LABOR: $168,208 LABOR: $168,208 DIRECTS: $54,602 OVERHEAD: SUBTOTAL: $222,809 REHAB. CONSULTANTS: RER". EXPENSES: REIMB. FEE: DIRECT CONSULTANTS: $36,000 DUtEC T EXPENSES: $11,480 TOTAL FEE: $222,809 OR BUDGETS: CODE DESCRIPTION HOURS COSTS 01 Firm Principal 118 $15,104 02 Architect 03 Engineer 659 $64,533 07 Engineer -in -Training 342 $25,308 11 Resident Project Representative 14 CADD Operator 916 $58,624 18 Clerical 79 $4,639 FEE ESTIMATING SHEET PROJECT: LOS wmr system Lapmv*-TW s JOB NO.: 01.229&07 TASK: I0SN SALARY CATEGORY OF PERSONNEL RATE PER HOUR FP ARCH ENO EFT RPR CADOOPT CLERbCAL TASK 01 02 03 07 11 14 18 PRELIMINARY DESIGN PHASE Meetings and Conferences 2 8 8 6 22 Scope and Arrange Survey 1 4 12 16 32 Scope and Arrange Testing 1 4 12 16 32 Prelkntnary Design Documents Preliminary Drawings (22 Sheets) 18 176 48 352 692 Outline Specifications 4 24 48 20 96 Review with LEDA(City of Lubbock 2 4 8 4 16 Revise Opinion of Probable Costs 1 12 8 21 FINAL DESIGN PHASE Final Drawings 12 176 60 528 776 FlrW Speckatlons 4 40 24 24 92 Coordinate with City of Lubbock Standards 10 12 22 Consult with TCEQ 1 16 18 Finalize layout and deagin 1 8 48 48 36 140 Finalize opinion of probable costs 4 8 12 24 Review with L EDA/Ctty of Lubbock 2 ® 12 20 BIDDING PHASE Assist in Advertisement 12 8 8 28 Plan Dlslribution 24 8 4 38 Conduct Pro -Bid Conference 1 4 4 4 12 Miscellaneous Addenda 18 4 12 32 Addend Bid Opening 1 4 4 8 Evaluate Skis, Bid Tabulation, Award 2 8 12 7 29 Prepare Contract Documents 2 6 8 Check out ConlractoralSub-Corftclors 2 8 4 14 MISCELLANEOUS ITEMS OCdPM (8 mos. 0 2 hourslmonth) 12 8 18 Prepare Statsm" (8 O 1 How A 3 9 Mond* Progress Reports (0.5 Hour Each) 3 1.5 5 Caaridnadon W4h Owner 2 8 8 16 HOURS/ Trips • 14 118 SALARY i15,104 342 916 79I 211: *6 S58 A24 to Rao j CIaa Ong EE ESTIMATING SHEET PROJECT ECTS LBB Wafu SyAwn hA0Mw4JOB NO.: 01.2290-07 TASK IM DIRECT CONSULTANT COSTS SUBTOTAL 01 I STRUCTURAL CONSULTANTS 012 MECN/EL.ECCONSLILTANTS sxomoo 31S ENV d CNIL CONSULTANTS 614 LANDSCAPE CONSULTANTS 016 TESTEIO CONSULTANTS B10 SUAVEYNKi CONSULTANTS 611 INTEAIOR DESIGN CONSULTANTS E10 TANT TOTAL aRE ANT i36 ooD aREC7 DcPN"IE6 621 TRAVELA.00GINO MOTEL DAYS O AIR TRAVEL AIR FARE 6 PARKING DAYS O CAR RENTAL DAYS f MILEAGE 06 MILES O MEN • A MIDAY MEN • MAN VAY /DAY s $0.495 O 14 TRIPS SUBTOTAL 9"1.36 $"I 022 REPRRODUCTIONS BLMNE PAWS 22 SHTS O $2.66 4 26 SETS : SEPIA PRINTS SHTS O $451 • SETS . PAwn"at ORK AL SET-UP COST 6W ORIGINALS • $0.15 "ON, a COST PER SHEET 25 SETS O i0,C6 /SKT ! S00 SHEETS - BINDWO COST 26 SErS O $2.00 ISET y XEROX 50O SINS O $0.06 /SHT . SUBTOTAL $1,402,50 Moo 11.000 oo Moo 14aoo 2586 023 MOD"ENDERINGSM"OTOS S►xts O fShd 0�24 TEtEP1G014E 225 C&M • $6.00 cai1 $1.126 625 120 DAYS • 1 MEN O $10.00 AAANDAY 11 2O0 026 FIELD 9UPPLIE 626 POSTAGE ISO 0"020 i 53.00 - i450 62Y PUO JQATlONS a SUB.SCRIPTI(M S30 MiSC DIRECT EXP 631 FAX 100 O 12.W 5200 an TEIAPORARY PERSONNEL W DRA#rVNG SUPPLIES 634 OFFiCE SLI qV" aW CADO 910 HOURS E ".00 AJOUR $6.496 636 FIELD EQUIP RENTAL SOFTWARE T 1 480 PARKHILL, SMITH & COOPER, INC. PROJECT BUDGET SHEET ilii �=�r��•i i LOCATION CODE: 01 PROJECT NAME: LBB Water System Improvements JOB NO.: 01-2296-07 TASK: 2CST +• ::•�' i!!li3f DATE: 03/23/07 FEE TYPE: Lump Sum PREPARED BY: IS PRINCIPAL: JH PROD. MANAGER: BS OVERHEAD RATE: PROFIT ON LABOR: PROFIT ON REIMB: 15.00% PROFIT ON DUMC"TS: 15.00% TOTAL FEE: $8 5 LABOR: $84,269 LABOR: $84,269 DIRECTS: $4,916 OVERHEAD: SUBTOTAL: $89.185 REHAB. CONSULTANTS: REWB. EXPENSES: REIMB. FEE: DIRECT CONSULTANTS: DIRECT EXPENSES: $4,274 TOTAL FEE: $89,185 OR BUDGETS: CODE DESCRIPTION HOURS COSTS 01 Firm Principal 24 $3,072 02 Architect 03 Engineer 159 $15,533 07 Engineer -in -Training 56 $4,144 11 Resident Project Representative 744 $61,008 14 CADD Operator 8 $512 18 Clerical FEE ESTIMATING SHEET PROJECT' a wow Sys,wn wn"oneJOB NO,: 01-2296.07 TASK xsT SALARY CATEGORY OF PERSONNEL RATE PER HOUR FP AACH ENO EIT RPR CADD OPT CLERICAL TASK 01 02 03 07 11 14 Is Trips $128.00 $99.00 $74.00 $82.00 S64.00 $59.00 1 TOTAL CONSTRUCTION PHASE Review Material Submittals 12 40 52 Prepare Pay Estimates 48 16 64 Conduct Monthly Progesa Meetings 6 24 24 24 72 RPR Services {not full time} 90 72 720 792 Prepare reoord drawings 2.5 B 11 SUBTOTALS: HOURS/ Trips - 96 24 159 56 744 8 99, SALARY _ $3,072 $15.533_ M,144 $61.OW $512 UAOAO No Text Resolution No. 2007-RO174 PARKHILL, SMITH & COOPER, INC. PROJECT BUDGET SHEET el LOCATION CODE: OI . PROJECT NAME: LBB Water System Improvements 7t1i JOB NO.: 01-2296-07 _ ,10 TASK: 3S&T DATE: 03/23/07 FEE TYPE: Lump Sum PREPARED BY: BS PRINCIPAL: JH PROD. MANAGER: BS OVERHEAD RATE: PROFIT ON LABOR: PROFIT ON REHAB: 15.00% PROFIT ON DIRECTS: 15.00% TOTAL FEE: $89,200 LABOR: LABOR: DIRECTS: OVERHEAD: SUBTOTAL: REIMB, CONSULTANTS: $77,565 REIMB. EXPENSES: REIMB, FEE: $89,200 DIRECT CONSULTANTS: DIRECT EXPENSES: TOTAL FEE: $89,200 OR BUDGETS: CODE DESCRIPTION HOURS COSTS 01 Firm Principal 02 Architect 03 Engineer 07 Engineer -in -Training I I Resident Project Representative 14 CADD Operator 18 Clerical EE ESTIMATING SHEET PROJECT: EIMSURSABL FS LOS wider System improve Joe NO.: 01-22WO7 TASK: 3SAT R MAWRSAKE CONSMTAMTCOSTS SUBTOTAL S11 STRUCTURAL CONSULTANTS 512 MECFVEi.EC CONSULTANTS 613 EW i CIVIL CON6UI.TANTS w LANDSCAPE CONSULTANTS MS TESTIN13CONSULTAt" 518 SURVEYtTO TANT3517 WTUHM DESIGNCONSULTANTS 51E EA ULTANTA io E R C TAVT REIMBURSABLE B 521 TRAVEULOOGIN4 MOTEL DAYS a AR TRAVEL MR FARE a PARKING DAYS • CAR RENTAL DAYS a MIL6AI3E MILS a 50-w6 MEN • MEN A MAY MAY O rMANDAY = IAAN TRIPS SUBTOTAL S22 REPROOUCTN7NS SLUELM PRINTS SOUPRINTS PRINT* ORKUNAL SETUP CM COST PER SHEET BIND" COST XEMX SHTS • SHTS • ORKWALS SETS • SETS a SHTS a $2.55 • B SETS • $"1 O SETS . a :a l6 /ORI. iGAE ASw 4 250 SHEETS W00 /SET 90,41 /%#r ■ SUBTOTAL 523 5ODE11pENDERINGSPHOTOS Strok 4 r51x1H 524 TE3,EPF1" crh O /C d S26 MEALS DAYS a MEN a r11AANUAY 6n FIELD SUPPLIES Ste POSTAGE Mel O MeH SM PU8WAT)ONS & W99CRIPTKM = 531 FAX O 532!ffj�PERSONNEL SW OROFTM SUPPLIES SM OFFICE Stlf"JES 539 gMlD HOURS a "HOUR SM FIELD EOIHP RENTAL W SOFTWAR