HomeMy WebLinkAboutResolution - 2010-R0202 - Professional Services Agreement With Parkhill, Smith & Cooper - 04/19/2010Resolution No. 2010—RO202
April 19, 2010
Item No. 5.8
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, a Professional Services
Agreement between the City of Lubbock and Parkhill, Smith & Cooper, Inc. to provide
professional design services in connection with certain fencing and security
improvements for the Lubbock Water Treatment, and related documents. Said
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 19th day of April 2010.
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TOM MARTIN, MAYOR
ATTEST:
Rebecloz Garza, City Secretary
APPROVED AS TO CONTENT:
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Marsha Reed, P.E., Chief Operating Officer
APPROVED AS M FORM:
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Resolution No. 2010-RO202
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into this 19th day
of April , 2010, by and between the City of Lubbock (the "City" or "Owner"),
a Texas home rule municipal corporation, and Parkhill, Smith & Cooper, Inc. (the "Engineer"),
a Texas corporation.
WITNESSETH
WHEREAS, Engineer has substantial skill and experience in the design of fencing and
security improvements (the "Activities");
WHEREAS, Engineer has demonstrated competence and qualifications to perform the
Services, as defined below, and will perform the Services for a fair and reasonable price;
WHEREAS, the City desires to contract with Engineer to perform services related to the
Activities and Engineer desires to provide the services related to same.
NOW, ''-,HEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the City and Engineer agree as follows:
ARTICLE I
Services
1.01 Engineer shall conduct all activities and within such time frames, as set forth on Exhibit
"A", "Scope of Services", and Exhibit `B", "Payments to Engineer", attached hereto
(the "Services") for a Not -to -Exceed amount of $ 31,981.00. Engineer shall have no
liability for defects in the Services attributable to Engineer's reasonable reliance upon
or use of data, design criteria, drawings, specifications, or other information prepared by
City and furnished to Engineer by City.
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1.02 Engineer shall commence work beginning May 15, 2010 upon issuance to proceed from
City. In the event such notice shall occur after May 15, 2010, the time for performance
by Engineer for such tasks shall be extended the same amount of days as such notice
occurs subsequent to May 15, 2010. The City Council of the City of Lubbock hereby
delegates the authority to provide the prescribed notice(s) to proceed to the Director of
Water Utilities, or his designee.
ARTICLE II
Compensation and Term
2.01 The consideration to be paid for the Services to be provided the City as described in
Article I shall be as indicated in attached Exhibit "B". This amount shall be invoiced to
the City monthly as work is performed.
2.02 In the event City disputes any invoice item, City shall give Engineer written notice of
such disputed item within ten (10) days after receipt of such invoice and shall pay to
Engineer the undisputed portion of the invoice on or before thirty one (3 1) days after its
receipt. If City fails to pay any invoiced amounts when due, interest will accrue on each
unpaid amount at the rate in effect on September 1 of the fiscal year in which the
payment becomes overdue, the rate in effect on September 1 being equal to the sum of
(i) one ( 1 % ); and (ii) the prime rate as published in the Wall Street Journal on the first
day of July of the preceding fiscal year that does not fall on a Saturday or Sunday, or
the maximum amount allowed by law, if less, from the date said payment is overdue
until paid according to the provisions of the Agreement. Interest shall not be charged
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on any disputed invoice item finally resolved in City's favor. Payment of interest shall
not excuse or cure any default or delay in payment of amounts due.
2.03 This Agreement shall expire on July 31, 2011. Additionally, the City may terminate
this Agreement by providing written notice to Engineer at least thirty (30) days prior to
the effective date of termination as provided in such notice. In the event this Agreement
is so terminated, the City shall pay Engineer only for services actually performed by
Engineer up to and including the date the Engineer is deemed to have received the
City's notice of termination.
2.04 Except for City's payment obligation, neither City nor Engineer shall be considered in
default of this Agreement for delays in performance caused by circumstances beyond
the reasonable control of the non-performing party (herein called a "force majeure
event") for the period of such delay, so long as the affected party exercises due
diligence to relieve or remove such force majeure event. For purposes of this
Agreement, such circumstances include, but are not limited to; unusually severe
weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage; judicial restraint; and inability to procure permits, licenses, or authorizations
from any local, state, or federal agency for any of the supplies, materials, accesses, or
services required to be provided by either City or Engineer under this Agreement.
Should such circumstances occur, the non-performing party shall, within a reasonable
time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being
made to resume performance of this Agreement.
Page 3 of 35
ARTICLE III
Independent Contractor
3.01 It is understood and agreed that Engineer is to perform the Services in a sound and
4.01
professional manner and exercising the degree of care, skill and diligence in the
performance of the Services as is exercised by a professional engineer under similar
circumstances at the time such Services are performed. City shall not be responsible for
discovering deficiencies or defects in the performance of the Services by Engineer. NO
OTHER WARRANTY, EXPRESSED OR IMPLIED, IS INCLUDED IN THIS
AGREEMENT OR IN ANY DRAWING, SPECIFICATION, REPORT, OR OPINION
PRODUCED PURSUANT TO THIS AGREEMENT. Further, Engineer is and shall be
considered at all times an independent contractor under this Agreement and/or in its
service, hereunder. During the performance of the Services under this Agreement,
Engineer and Engineer's employees or its approved subcontractors will not be
considered, for any purpose, employees or agents of the City within the meaning or the
application of any federal, state or local law or regulation, including without limitation,
laws, rules or regulations regarding or related to unemployment insurance, old age
benefits, workers compensation, labor, personal injury or taxes of any kind.
ARTICLE IV
Events of Default/Remedies
a. City's Defaults/Engineer's Remedies. In the event the City shall default in the
performance of any term or provision of this Agreement for any reason other than
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failure by Engineer to perform hereunder, Engineer may, if said default shall be
continuing after five (5) days notice of such default is deemed received by the City,
exercise any right or remedy available to it by law, contract, equity or otherwise.
b. Engineer's Defaults/City's Remedies. In the event Engineer shall default in the
performance of any term or provision of this Agreement for any reason other than
failure by the City to perform hereunder, the City may, if said default shall be
continuing after five (5) days notice of such default is deemed received by Engineer,
exercise any right or remedy available to it by law, contract, equity or otherwise,
including without limitation, specific performance and/or the right to terminate this
Agreement without additional notice. The remedies set forth herein are cumulative and
not exclusive, and may be exercised concurrently.
ARTICLE V
Insurance/Indemnity
5.01 a. Insurance. Engineer shall procure and carry, at its sole cost and expense through the
life of this Agreement, insurance protection as hereinafter specified, in form and
substance satisfactory to City, carried with an insurance company authorized to transact
business in the state of Texas, covering all aspects and risks of loss of all operations in
connection with this Agreement, including without limitation, the indemnity obligations
set forth herein.
Engineer shall obtain and maintain in full force and effect during the term of this
Agreement, commercial general liability, professional liability and automobile liability
coverage with insurance carriers admitted to do business in the state of Texas. The
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insurance companies must carry a Best's Rating of A -VII or better. The policies will be
written on an occurrence basis, subject to the following minimum limits of liability:
Commercial General Liability:
Combined Single Limit:
Professional Liability:
Combined Single Limit:
Automobile Liability:
Combined Single Limit for any auto:
$1,000,000
$2,000,000 per occurrence
$500,000 Per Occurrence
The City shall be listed as a primary additional insured with respect to the Automobile
Liability and Commercial General Liability and shall be granted a waiver of
subrogation under those policies. Engineer shall provide a Certificate of Insurance to
the City as evidence of coverage. The Certificate shall provide 30 days notice of
cancellation. A copy of the additional insured endorsement and waiver of subrogation
attached to the policy will be included in the Certificate.
Engineer shall elect to obtain worker's compensation coverage pursuant to
Section 406.002 of the Texas Labor Code. Further, Engineer shall maintain said
coverage throughout the term of this Agreement and shall comply with all provisions of
Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage.
The Engineer may maintain Occupational Accident and Disability Insurance in lieu of
Worker's Compensation. In either event, the policy must be endorsed to include a
waiver of subrogation in favor of the City of Lubbock.
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If at any time during the life of the Agreement or any extension hereof, Engineer
fails to maintain the required insurance in full force and effect, Engineer shall be in
breach hereof and all work under the Agreement shall be discontinued immediately.
b. Indemnification. Having considered the potential liabilities that may exist during
the performance of the Services, the benefits of the Project, and the Engineer's fee for
the Services, and in consideration of the promises contained in this Agreement,
Engineer agrees to provide the indemnities set forth herein.
Engineer shall indemnify and hold City and City's elected officials, officers, agents,
employees and independent contractors harmless, to the fullest extent permitted by law, from
and against any and all claims, demands, damages, costs, liabilities and expenses, and
including reasonable attorney's fees, as a result of, related to or arising from Engineer's
negligent acts, errors, or omissions.
The indemnity provided herein shall survive the expiration or termination of this
Agreement.
ARTICLE VI
Probable Construction Cost
6.01 Engineer's opinions of probable Construction Cost provided for herein are to be made
on the basis of Engineer's experience and qualifications and represent Engineer's best
judgment as an experienced and qualified professional generally familiar with the
industry. However, since Engineer has no control over the cost of labor, materials,
equipment, or services furnished by others, or over the Contractor's methods of
determining prices, or over competitive bidding or market conditions, Engineer cannot
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and does not guarantee that proposals, bids, or actual Construction Cost will not vary
from opinions of probable Construction Cost prepared by Engineer.
ARTICLE VII
Miscellaneous
7.01 Engineer shall exercise usual and customary professional care in efforts to comply with
all laws, statutes, regulations, ordinances, rules and any other legal requirement in effect
at the time Services are performed.
7.02 Any notice required by this Agreement shall be deemed to be properly served, if (i)
provided in person or by telephonic facsimile; or (ii) deposited in the United States mail
by certified letter, return receipt requested, addressed to the recipient at recipient's
address shown below, subject to the right of either party to designate a different address
by notice given in the manner just described. Notice shall be deemed to be received
when delivered if provided in person or by telephonic facsimile or, if deposited in the
United States mail, as set forth above, three (3) days after depositing such notice in the
United States mail, as set forth above.
For City:
Marsha Reed, P.E.
P.O. Box 2000
Lubbock, Texas 79457
Facsimile: (806) 775-2051
W/ copy to:
Aubrey Spear, P.E.
P.O. Box 2000
Lubbock, Texas 79457
Facsimile: (806) 775-3344
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For Engineer:
John S. Kelley, P.E.
4222 85th Street
Lubbock, Texas 79423
Facsimile: (806) 473-3500
7.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT
REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT
APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE
OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE
PERFORMABLE IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION
BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY
CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK
COUNTY, TEXAS.
7.04 This Agreement represents the entire and sole agreement between the City and Engineer
with respect to the subject matter hereof and supersedes any and all prior negotiations,
understandings, representations or other agreements, whether written or oral. This
Agreement may not be modified or amended except in writing and duly executed by
each party hereto.
7.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise,
partnership or principal — agent relationship between Engineer and the City.
7.06 If any provision of this Agreement is declared invalid or unenforceable, such provision
shall be deemed modified to the extent necessary to render it valid and enforceable so
long as said modification is reasonably within the intent the parties as originally
expressed. In the event such provision may not be so modified, the unenforceability or
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invalidity of any provision shall not affect any other provision of this Agreement, and
this Agreement shall continue in force and effect as if such provision had not been
included in this Agreement.
7.07 Any and all documents, drawings and specifications prepared by Engineer as part of the
Services hereunder, shall become the property of the City when Engineer has been
compensated as set forth in Section 2.01, above. However, such Documents are not
intended or represented by Engineer to be suitable for reuse by City or others on any
other project. Any such reuse or modification without written verification or adaptation
by Engineer, as appropriate for the specific purpose intended, will be at City's sole risk
and without liability or legal exposure to Engineer or to Engineer's consultants. Rights
to intellectual property developed, utilized, or modified in the performance of the
Services shall remain the property of Engineer.
Any files delivered in electronic media may not work on systems and software different
than those with which they were originally produced. Engineer makes no warranty as
to the compatibility of these files with any other system or software. Because of the
potential degradation of electronic medium over time, in the event of a conflict between
the sealed original drawings / hard copies and the electronic files, the sealed drawings /
hard copies will govern.
7.08 A waiver by either City or Engineer of a breach of this Agreement must be in writing to
be effective. In the event either party shall execute and deliver such waiver, such
waiver shall not affect the waiving party's rights with respect to any other or subsequent
breach.
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7.09 Except as otherwise provided herein, neither City nor Engineer may assign or
subcontract any part of the Services under this Agreement, in whole or in part, without
the written consent of such assignment by the non -assigning party. City and Engineer
each bind itself or himself, their legal representatives and permitted assigns in respect to
all provisions of this Agreement.
7.10 Nothing in this Agreement shall be construed to provide any rights or benefits
whatsoever to any party other than City and Engineer.
7.11 Engineer represents and warrants to City that it has taken all actions necessary to
authorize the party executing this Agreement to bind, in all respects, Engineer to all
terms and provisions of this Agreement, and that such person possesses authority to
execute this Agreement and bind Engineer hereto.
7.12 Engineer shall not be responsible for: (1) construction means, methods, techniques,
sequences, procedures, or safety precautions and programs in connection with the
project to which the Services design (the "Project"); (2) the failure of any contractor,
subcontractor, vendor, or other Project participant to fulfill contractual responsibilities
to the City or to comply with federal, state, or local laws, regulations, and codes; or (3)
procuring permits, certificates, and licenses required for any construction unless such
responsibilities are specifically assigned to Engineer in Exhibit "A", Scope of Services.
7.13 Anything herein to the contrary notwithstanding, title to, ownership of, and legal
responsibility and liability for any and all pre-existing contamination shall be
determined in accordance with all applicable statutes, regulations, rules, orders and
ordinances.
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7.14 The performance of City hereunder shall be at all times conditioned upon the
appropriation of sufficient funds by the City Council of the City of Lubbock. In the
event that such funds are not so appropriated by the City Council, such shall not be
considered a breach of this Agreement by the City.
7.15 City and Engineer agree that any dispute between them arising out of or related to this
Agreement shall be submitted to non-binding mediation prior to exercising any other
rights under law, unless the parties mutually agree otherwise.
7.16 The authority to act as Owner representative, as contemplated herein, is hereby
delegated by the City Council of the City to the Director of Water Utilities, or his
designee.
ARTICLE VIII
Definitions
8.01 Wherever used in this Agreement, including exhibits hereto, the below
described terms shall have the meaning prescribed herein.
1. Addenda --Written or graphic instruments issued prior to the opening of Bids which
clarify, correct, or change the Bidding Documents.
2. Additional Services --Any services not included within Exhibit A as Basic Services,
but determined to be necessary and mutually agreed upon and to be performed for or
furnished to City by Engineer.
3. Agreement --This Agreement between City and Engineer, including the Exhibits
attached hereto.
4. Asbestos --Any material that contains more than one percent of asbestos and is
friable or is releasing asbestos fibers into the air above current action levels established by
the United States Occupational Safety and Health Administration.
5. Basic Services --The services to be performed for or furnished to City by Engineer in
accordance with Exhibit A of this Agreement.
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6. Bid --The offer or proposal of the bidder submitted on the prescribed form setting
forth the prices for the Work to be performed.
7. Bidding Documents --The advertisement or invitation to Bid, instructions to bidders,
the Bid form and attachments, the Bid bond, if any, the proposed Contract Documents, and
all Addenda, if any.
8. Change Order --A document recommended by Engineer, which is signed by
Contractor and City to authorize an addition, deletion or revision in the Work, or an
adjustment in the Contract Price or the time of performance, issued on or after the effective
date of the Construction Agreement.
9. City-- City of Lubbock, Texas, being sometimes also referred to as "Owner"
10. Construction Agreement or Contract --The entire and integrated written agreement
between the City and Contractor concerning the Work.
11. Construction Cost --The cost to City of those portions of the Services designed or
specified by Engineer. Construction Cost does not include costs of services of Engineer or
other design professionals and consultants, cost of land, rights-of-way, or compensation for
damages to properties, or City's costs for legal, accounting, insurance counseling or auditing
services, or interest and financing charges incurred in connection with the Services, or the
cost of other services not related to the Services to be provided by others to City.
12. Construction Period-- A time starting with the Contractor's notice -to -proceed with
facility construction and terminating once the Contractor has fulfilled the terms of the
Construction Contract with the Owner.
13. Contract Documents --Documents that establish the rights and obligations of the
parties engaged in construction and include the Construction Agreement between City and
Contractor, Addenda (which pertain to the Contract Documents), Contractor's Bid (including
documentation accompanying the Bid and any post -Bid documentation submitted prior to
the notice of award) when attached as an exhibit to or otherwise incorporated in the
Construction Agreement, the notice to proceed, the bonds, appropriate certifications, the
General Conditions, the Supplementary Conditions, the Specifications and the Drawings as
the same are more specifically identified or incorporated by reference in the Construction
Agreement, together with all written amendments, Change Orders, Work Change Directives,
Field Orders, and Engineer's written interpretations and clarifications issued on or after the
Effective Date of the Construction Agreement. Approved Shop Drawings submitted by the
Contractor and any ancillary reports and drawings prepared by OWNER approved
consultants are not Contract Documents.
14. Contractor-- The person or entity that will be contracted with by the Owner to
construct facilities designed by the Engineer.
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15. Direct Expenses --All expenses incurred directly by Engineer in connection with the
performing of Basic Services which are included in lump sum payments as indicated in
Exhibit B and for which City shall pay Engineer as part of the lump sum payments due as
indicated in Exhibit B, to include but not limited to fax, reproduction, travel, telephone,
meals and lodging, CAD charges, field supplies, models, renderings, photos, and postage.
16. Doczcments--Data, reports, Drawings, Specifications, Record Drawings, and other
deliverables, whether in printed or electronic media format, provided or furnished in
appropriate phases by Engineer to City pursuant to this Agreement.
17. Drawings --That part of the Contract Documents prepared or approved by Engineer
which graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Shop Drawings are not Drawings as so defined.
18. Engineer's Consailtants--Individuals or entities having a contract with Engineer to
furnish services with respect to the Services or otherwise serve as Engineer's independent
professional associates, consultants, subcontractors, or vendors with respect to the Services.
The term Engineer, as used in and for all purposes of this Agreement, includes Engineer's
Consultants.
19. General Conditions --That part of the Contract Documents which sets forth terms,
conditions, and procedures that govern the Work to be performed or furnished by Contractor
with respect to the Services.
20. Hazardous Environmental Condition --The presence at the Site of Asbestos, PCB's,
Petroleum, Hazardous Waste, or Radioactive Materials in such quantities or circumstances
that may present a substantial danger to persons or property exposed thereto in connection
with the Work.
21. Peer Reviewer-- Licensed engineer under separate contract with the Owner
designated to review draft and final engineering and construction documents,
correspondence and discussions during the design and construction process. Peer reviewer
will provide expert opinion and suggestions for improvement regarding the process that they
participate in.
22. Reimbursable Expenses --The expenses incurred directly by Engineer in connection
with the performing of Additional Services for the Services for which City shall pay
Engineer as indicated in Exhibit B, to include but not limited to fax, reproduction, travel,
telephone, meals and lodging, CAD charges, field supplies, models, renderings, photos, and
postage.
23. Resident Project Representative --The authorized representative of Engineer, if any,
assigned to assist Engineer at the Site during the Construction Phase. The Resident Project
Representative will be Engineer's agent or employee and under Engineer's supervision. As
used herein, the term Resident Project Representative includes any assistants of Resident
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Project Representative agreed to by City. The duties and responsibilities of the Resident
Project Representative are as set forth in Exhibit C.
24. Samples --Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
25. Site --Lands or areas indicated in the Contract Documents as being furnished by City
upon which the Work is to be performed, rights-of-way and easements for access thereto,
and such other lands furnished by City which are designated for use of Contractor.
26. Specifications --That part of the Contract Documents consisting of written technical
descriptions of materials, equipment, systems, standards, and workmanship as applied to the
Work and certain administrative details applicable thereto.
27. Substantial Completion --The time at which the Work (or a specified part thereof)
has progressed to the point where, in the opinion of Engineer, the Work (or a specified part
thereof) can be utilized for the purposes for which it is intended. The terms "substantially
complete" and "substantially completed" as applied to all or part of the Work refer to
Substantial Completion thereof.
28. Supplementary Conditions --That part of the Contract Documents which amends or
supplements the General Conditions, if any.
29. Work --The entire completed construction or the various separately identifiable parts
thereof required to be provided under the Contract Documents with respect to the Services.
Work includes and is the result of performing or furnishing labor, services, and
documentation necessary to produce such construction and furnishing, installing, and
incorporating all materials and all equipment into such construction, all as required by the
Contract Documents.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly
authorized representatives as of the date first written above.
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PARKHILL, SMITH & COOPER, INC.
JOHNA. KtLEEY, P.E., FRM PRINCIPAL
CITY OF LUBBOCK
TOM MARTIN, MAYOR
ATTEST:
RebeVa Garza, City Secretary 0
APPROVED AS O CONTENT:
Marsha Reed, P.E, Chief Operating fficer
NO/Omm-10
Page 16 of 35
Resolution No. 2010—RO202
EXHIBIT A
SCOPE OF SERVICES
FENCING AND SECURITY IMPROVEMENTS
General:
The Project includes the following facilities:
• Approximately 7,500 LF of 6 -ft tall chain link security fence with 3 strand barb wire on top.
• Extension of North David Avenue, approximately 660 — feet from East Dubuque to East
Bluefield Street.
• Installation of 6 — automatic security gates equipped with proximity card readers and remote
control capabilities.
2. Services to be provided include:
• Compilation of Bid Documents — One package to include identified improvements
• Bid Phase Services
• Construction Phase Services, including both Basic Services and Resident Project
Representation.
The OWNER shall designate a person to act as OWNER's representative during the Project.
BASIC SERVICES: The Basic Services include project administration, preparation of detailed design
as set forth herein, preparation of construction documents and construction bid and award services,
construction phase services, and resident representation services. ENGINEER shall render the
following professional services in connection with the development of the Project:
1. GENERAL SCOPE OF SERVICES TASKS: ENGINEER will provide the following as part of
the final design and construction phases of the Project:
a. Attend a kick-off meeting to clarify OWNER'S requirements for the Project, review
pertinent data, review project staffing and organization, and present the initial work plan
and schedule for matters not described in "Time for Completion", below.
b. Provide administration and management of the Project. Review ongoing activities.
Monitor schedule and budget. Review progress with OWNER on a regular basis.
Discuss issues with the OWNER as they are noted. Attend monthly coordination
meetings with the OWNER. Prepare and distribute minutes of the meetings.
Provide monthly update reports which include the following:
*Status of the work
•Major tasks to be completed in the next month
*Discussion of major issues
*Scope changes to project scope or Engineer's scope
*Project budget update (if major changes since the last update)
*Project schedule update (if major changes since the last update)
*Status of deliverables
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?. FINAL DESIGN PHASE: ENGINEER will provide the following as part of the final design
phase:
a. Review with City staff previously prepared information related to the Project.
b. Obtain and review OWNER -furnished front end documents, general conditions, and
special conditions for the construction contracts. Meet with OWNER to resolve review
comments, and revise OWNER's standard documents accordingly.
Modify as necessary previously prepared plans, specifications, contract documents,
designs, and layouts of improvements to be constructed.
d. Furnish necessary information to utility companies whose facilities may be affected by
the Project.
Furnish OWNER ten (10) copies of preliminary (95%) plans, specifications, and bid
proposals marked "Preliminary" for approval by OWNER. ENGINEER will meet with
the OWNER to present the preliminary plans and specifications. After OWNER'S
review, ENGINEER will meet with OWNER to receive comments. Upon final approval
by OWNER, ENGINEER will complete the plans and specifications and provide
OWNER ten (10) sets of copies of "Final" plans and specifications. Level 3 Review
documents will include all drawing sheets and specifications with some minor corrections
and notes still remaining.
Prepare bidder's proposal forms (Project quantities) of the improvements to be
constructed.
g. Prepare revised opinion of probable construction cost.
BID AND AWARD PHASE: Upon completion of the design services and approval of "Final"
plans and specifications by OWNER, ENGINEER will proceed with the performance of
services in this phase as follows:
a. Assist OWNER in securing bids, issuing notice to bidders and notifying selected plan
rooms. The notice to bidders will be furnished to OWNER for publication in the local
news media. The cost for publications shall be paid by OWNER.
b. Distribute plans to bidders at the cost of reproduction and handling. Cost will be paid for
by bidders. A maximum of five complimentary sets of plans will be distributed to plan
rooms. Keep a record of prospective bidders and plan rooms and other parties to whom
the bidding documents have been distributed. Attend a pre-bid conference, if any, for
each of the construction contracts.
Issue Addenda as appropriate to clarify, correct, or change the bidding documents.
d. Assist OWNER in the opening, tabulation, and analysis of the bids received and furnish
recommendations on the award of contracts as appropriate.
e. Assist OWNER in the preparation of documents for execution of the construction
contracts. ENGINEER will conform the contract documents, make six original copies for
execution. ENGINEER will also make twenty conformed copies of the plans and
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specifications for use by the Contractor and OWNER. The twenty copies will include ten
full size copies and ten half size copies.
f. The Bid and Award phase will be considered complete upon execution of the construction
contracts by the OWNER and distribution of the conformed copies of the plans and
specifications.
4. CONSTRUCTION PHASE: Upon successful completion of the Bidding and Negotiating
Phase, and upon written authorization from OWNER, ENGINEER shall:
a. General Administration of Construction Contract. Consult with OWNER and act as
OWNER's representative as provided in the General Conditions.
b. 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 limits 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.
C. 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.
d. Pre -Construction Conference. Conduct a Pre -Construction Conference prior to
commencement of Work at the Site.
e. 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.
f. Visits to Site and Observation of Construction, In connection with observations of
Contractor's work in progress while it is in progress:
1) 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
Page 19 of 35
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.
2) 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.
g. 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.
h. 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.
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.
Shop Drawings and Samples. Review and approve or take other appropriate action in
respect to Shop Drawings and Samples and other data which Contractor is required to
submit, but only for conformance with the information given in the Contract Documents
and compatibility with the design concept of the completed Project as a functioning whole
as indicated in the Contract Documents. Such reviews and approvals or other action will
not extend to means, methods, techniques, sequences or procedures of construction or to
safety, precautions and programs incident thereto.
k. Substitutes and "or -equal." Evaluate and determine the acceptability of substitute or "or -
equal" materials and equipment proposed by Contractor.
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.
M. Disagreements between OWNER and Contractor. Render formal written decisions on all
claims of OWNER and Contractor relating to the acceptability of Contractor's work or the
interpretation of the requirements of the Contract Documents pertaining to the execution
Page 20 of 35
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.
n. 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:
1) 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).
o. Contractor's Completion Documents.
1) Receive and review maintenance and operating instructions, schedules, and
guarantees.
2) 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.
3). ENGINEER shall transmit these documents to OWNER.
p. Substantial Completion. Promptly after notice from Contractor that Contractor considers
the entire Work ready for its intended use, in company with OWNER and Contractor,
conduct an inspection to determine if the Work is Substantially Complete. If after
considering any objections of OWNER, ENGINEER considers the Work Substantially
Complete, ENGINEER shall deliver a certificate of Substantial Completion to OWNER
and Contractor.
q. Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the
completed Work of Contractor is acceptable so that ENGINEER may recommend, in
writing, final payment to Contractor. Accompanying the recommendation for final
payment, ENGINEER shall also provide 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 21 of 35
DURATION OF CONSTRUCTION PHASE. The Construction Phase will commence with the
execution of the first Construction Agreement for the Project or any part thereof and 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.
G. 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.
TIME OF COMPLETION: ENGINEER is authorized to commence work on the Project upon
execution of this AGREEMENT and, notwithstanding anything to the contrary herein, shall complete
the services in accordance with the following schedule:
• Notice to Proceed from Owner — May 15, 2010
• Begin Advertise for Bids — August 1, 2010
If ENGINEER's services are delayed through force majeure, the terms and provisions of Section 2.04,
above, shall apply.
DESIGNATED REPRESENTATIVES: ENGINEER and OWNER designate the following
representatives. ENGINEER and OWNER may designate a different representative by providing notice
to the other party as prescribed in this Agreement:
Owner's Designated Representative — Wood Franklin, P.E., City of Lubbock, Engineering, P.O. Box
2000, Lubbock, TX 79457; phone 806-775-2343; fax 806-775-3344; e-mail
WFranklin0amail.ci.lubbock.tx.us
ENGINEER's Designated Representative - John Kelley, Parkhill, Smith and Cooper, 4222 85`h
Street, Lubbock Texas 79423; phone 806-423-2200; fax 806-473-3500; e-mail jkelley@team-psc.com
Page 22 of 35
Resolution No. 2010—RO202
EXHIBIT A, PART 2 — OWNER'S RESPONSIBILITIES
FENCING AND SECURITY IMPROVEMENTS
RESPONSIBILITIES OF OWNER: OWNER shall perform the following within a reasonable time,
except in the event a specific time period has otherwise been prescribed for such task, wherein such
specific time shall be applicable.
Designate in writing a person to act as OWNER's representative with respect to the services to
be rendered under this AGREEMENT. Such person shall have authority to transmit
instructions, receive information, interpret and clarify OWNER's policies and decisions with
respect to ENGINEER's services for the Project.
2. Provide all criteria and full information as to OWNER's requirements for the Project, including
design objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations; and furnish copies of all design and construction
standards, unless such matters, or any of them, are otherwise required by any law, statute, rule,
regulation or order applicable or related to the Project, which OWNER will require to be
included in the drawings and specifications.
3. Assist ENGINEER by placing at ENGINEER's disposal all available non -confidential
inforn-iation in OWNER'S possession pertinent to the Project including previous reports and any
other data relative to design or construction of the Project. Notwithstanding anything to the
contrary herein, ENGINEER's reliance upon any report or data prepared by a party other than
OWNER shall be at the sole risk of ENGINEER.
4. Arrange for access to and make all provisions for ENGINEER to enter upon public and private
property as required for ENGINEER to perform services under this AGREEMENT.
Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
required to be reviewed by OWNER as presented to OWNER 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.
Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of the
Project, unless to be provided by ENGINEER pursuant to the terms of this Agreement.
7. Provide such accounting, independent cost estimating and insurance counseling services as may
be required by OWNER for the Project, such legal services as OWNER may require with regard
to legal issues pertaining to the Project including any that may be raised by Contractor(s), such
auditing service as OWNER may require to ascertain how or for what purpose any Contractor
has used the moneys paid under the construction contract, and such inspection services as
OWNER may require to ascertain that Contractor(s) are complying with any law, rule,
regulation, ordinance, code or order applicable to their furnishing and performing the work.
Page 23 of 35
�. Review the design and provide comments as OWNER deems appropriate. Provide written
authorization to ENGINEER to proceed with the preparation of the contract documents.
Review the contract documents and provide comments to ENGINEER.
9. Attend the pre-bid conference, bid opening, preconstruction conferences, construction progress
and other job related meetings and substantial completion inspections and final payment
inspections.
10. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes
aware of any development that affects the scope or timing of ENGINEER's services, or any
defect or nonconformance of the work of any Contractor.
11. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in Exhibit A, Part 3
of this AGREEMENT or other services, as deemed to be required by OWNER.
12. The OWNER reserves the right to direct substantial revision of the Plans and Specifications
after approval by the OWNER as OWNER may deem necessary, but in such event the OWNER
shall pay ENGINEER just and equitable compensation for services rendered in making such
revisions and such shall be considered Additional Services hereunder. OWNER shall not be
obligated to pay ENGINEER for said revisions should they be necessary as a result of the
design and/or Contract Documents being in any manner defective or deficient.
13. Bear all costs incident to compliance with the requirements of OWNER'S responsibilities.
14. Provide the following services, unless provided specifically otherwise in this Agreement:
1. Purchase any easements required by Project.
2. Pay all permit fees and mitigation costs applicable to the Project.
3. Provide advertisement for bids in local publications as required.
Page 24 of 35
Resolution No. 2010—RO202
EXHIBIT A, PART 3 -- ADDITIONAL SERVICES
FENCING AND SECURITY IMPROVEMENTS
ADDITIONAL SERVICES: Additional Services to be performed by ENGINEER, if authorized by
OWNER, which are not included in the above described basic services, are described as follows:
Providing services to investigate existing conditions or facilities, or to make measured drawings
thereof, or to verify the accuracy of OWNER prepared drawings or other OWNER prepared
information furnished by OWNER.
Making revisions to drawings, specifications or other documents when such revisions are not
consistent with approvals or instructions previously given by OWNER.
Investigations involving consideration of operation, maintenance and overhead expenses, and
the preparation of rate schedules, earnings and expense statements, feasibility studies,
appraisals, evaluations, assessment schedules, and material audits or inventories required for
certification of force account construction performed by OWNER.
4. Preparing data and reports for assistance to OWNER in preparation for hearings before
regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or
by deposition, and preparations therefore before any regulatory agency, court, arbitration panel
or mediator.
Assisting OWNER in the defense or prosecution of litigation not described in Paragraph 4,
above, in connection with or in addition to those services contemplated by this AGREEMENT.
Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the
respective parties outside of and in addition to this AGREEMENT.
6. Providing environmental support services including the design and implementation of
ecological baseline studies, environmental monitoring, impact assessment and analyses, and
other assistance required to address environmental issues.
Design, contract modifications, studies or analysis required to comply with local, State, Federal
or other regulatory agencies that become effective after the date of this Agreement.
Additional drawing sheets required as a result of having one or more alternate designs in the
bidding documents in addition to the base design.
Any alternate contract structure or number of contracts other than as stipulated in Exhibit A
Basic Services.
10. Services required to resolve bid protests or to re -bid the Project for any reason.
11. Providing services made necessary because of unforeseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
12. Providing value engineering studies or reviews of cost savings proposed by others.
13. Providing any services after the bid and award of construction contracts.
15. Other items or activities defined as "Additional Services" in this Agreement.
Page 25 of 35
Resolution No. 2010—RO202
EXHIBIT B — PAYMENTS TO THE ENGINEER
PAYMENTS TO THE ENGINEER — Fencing and Security Improvements
OWNER shall pay ENGINEER for services set forth in Exhibit A — Scope of Services,
Basic Services as follows:
a. On an hourly rate basis, in an amount Not -To -Exceed $ 31,981.00. Basis for fee is
shown in attached Fee Estimating Sheet. Fee breakdown by phase is as follows:
1) Design $18,830
2) Bid and Award $ 6,028
3) Construction $ 7,123
b. ENGINEER's services will be billed monthly.
c. Engineer Consultants will be billed on the basis of cost times a factor of 1.05.
d. Reimbursable expenses will be billed on the basis of cost times a factor of 1.05.
Page 26 of 35
FEE ESTIMATING SHEET PROJECT: Lie TCB security JOB NO.: TASK:
SALARY CATEGORY OF PERSONNEL
Current Fee:
RATE PER HOUR
$31,980.34
FP ARCH ENG ARCHINT EIT CADD OPT CLERICAL
2
6
TASK
01 02 03 06 07 14 18
24
Trips
$165.00 $108.00 $91.00 $71.00 $65.00
TOTAL
Re -issue Plans
4
Pre -Bid Questions
Delete Total 24 Sheets
2 4 8
14
Sheet Index
0.5 2 6
9
3
Terminal Storage (Fac. A)
1.5 3 4
9
6
Surface Treatment Plant (Fac. C)
4 18 36
58
2
Pump Station #4 (Facility 1)
1.5 3 4
9
Gate Details (Cl)
0.5 3 4
8
Fencing Details (C2)
0.5 3 4
8
Recommendation
Slide Gate Typical (C3)
0.5 3 4
8
0.5
120
11 39 70
$10,997
Bid Phase Services
Plan & Spec Organization 2
2
6
12
4
24
Distribute to Plan Holders
3
1
4
Pre -Bid Questions
8
8
Pre -Bid Conference 1
3
3
6
Bid Opening 1
2
2
Contractor Evaluation
3
3
6
Recommendation
1
1
0.5
3
9
26
12
5.5
$5,503
Construction Phase Services
Terminal Storage (Fac. A) [i wk] 2
6
6
Surface Treatment Plant (Fac. C) [6 wks] 12
3
16
19
Pump Station #4 (Facility 1) [2 wks] 4
2
12
14
Pay Applications (2 months)
4
4
Submittal Review
6
6
Change Order
6
2
8
5
50
2
i
57
$6,367
BUDGET SUBTOTALS: HOURS/ Trips- 22 ' 25 1115 84 61 230
SALARY $4,125 $12,420 $5,964 $358 1$22,867
Page 27 of 35
FEE ESTIMATING SHEET PROJECT:
R EIM B U RSA B LES
Lub TCB Security
JOB NO.:
TASK:
$
REIM BURSABLE CONSULTANT COSTS
Reimbursable (partial)
$
650
M arkup
SUBTOTAL
511 STRUCTURAL CONSULTANTS
Subtotal -- Design
$
18,830
Bid &Award Labor
$
512 MECWELECCONSULTANTS
Reimbursable (partial)
$
500
M arkup
$
513 ENV & CIVIL CONSULTANTS
Subtotal -- Bid and Award
$
6,028
Construction Phase Labor
$
514 LANDSCAPE CONSULTANTS
Reimbursable (partial)
$
720
M arkup
$
515 TESTING CONSULTANTS
Subtotal -- Construction
$
7,123
Total NTE Fee
$
516 SURVEYING CONSULTANTS
Smith Surveying
$2,400
517 INTERIOR DESIGN CONSULTANTS
518 OTHER CONSULTANTS
N -Com
$4,410
TOTAL REIM BURSABLE CONS ULTANTS
$6,810
REIM BURSABLE EXPENSES
521 TRAVEULODGING
M OTEL DAYS @
AIR TRAVEL AIR FARE @
PARKING DAYS @
CAR RENTAL DAYS @
M ILEAGE 30 M ILES @
$0.585
MEN @
MEN @
/DAY
/DAY
@
/M ANDAY =
/MAN =
=
=
22 TRIPS =
SUBTOTAL
$386.10
$386
522 REPRODUCTIONS
BLUELINE PRINTS 9
SEPIA PRINTS
PRINTING:
OR IGINAL SET -U P COST
COST PER SHEET 25
BINDING COST 25
XEROX 750
SHTS@
SHTS @
ORIGINALS
SETS @
SETS @
SHiS@
$2.55 @ 25 SETS =
$8.51 @ SETS =
@ $0.15 /ORI. _
$0.08 /SHT @ 250 SHEETS=
$2.00 /SET =
$0.08 /SHT =
SUBTOTAL
$573.75
$500.00
$50.00
$60.00
$1,184
523 MODEURENDERINGS/PHOTOS
100 Shots@
$0.50 /Shot
$50
524 TELEPHONE 30 Calls @
$2.00
/Call
$60
525 MEALS 2 DAYS @
4
MEN @
$7.50 /M ANDAY
$60
526 FIELD SUPPLIES
528 POSTAGE 4 Mailings @
$20.00 /M ailing
$80
529 PUBLICATIONS & SUBSCRIPTIONS
530 M ISC REIM BURSABLE EXP
531 FAX 50 Pages @
$1.00
$50
532 TEMPORARY PERSONNEL
533 DRAFTING SUPPLIES
534 OFFICESUPPLIES
535 CADD v 84 HOURS@
/HOUR
536 FIELD EQUIP RENTAL
546 SOFTWARE
TOTAL REIM BURSABLEEXPENSES
$1,870
Design Labor
$
10,997
Subconsultants
$
6,810
Reimbursable (partial)
$
650
M arkup
$
373
Subtotal -- Design
$
18,830
Bid &Award Labor
$
5,503
Reimbursable (partial)
$
500
M arkup
$
25
Subtotal -- Bid and Award
$
6,028
Construction Phase Labor
$
6,367
Reimbursable (partial)
$
720
M arkup
$
36
Subtotal -- Construction
$
7,123
Total NTE Fee
$
31,981
Page 28 of 35
Client: City of Lubbock
Project: Fencing and Security Improvements
Agreement Date:
Classification Hourly Rate
PROFESSIONAL LEVEL VII
Engineer VII
Architect VII
Landscape Architect VII
Interior Designer VII
PROFESSIONAL LEVEL VI
Engineer VI
Architect VI
Landscape Architect VI
Interior Designer VI
PROFESSIONAL LEVEL V
Engineer V
Architect V
Landscape Architect V
Interior Designer V
Parkhill, Smith & Cooper, Inc.
Classification Hourly Rate
165.00 PROFESSIONAL LEVEL II 81.00
Intern (Architect) II
Interior Designer 11, Intern (Interiors) II
Technologist II
Resident Project Representative II
Landscape Architect II
140.00
PROFESSIONAL LEVEL 1 74.00
Intern (Architect) I
Intern (Interiors) I
Technologist I
Resident Project Representative 1
125.00
SUPPORT STAFF III 71.00
Engineering Technician III
CADD III
Administrative Secretary III
Project Assistant 1/11
PROFESSIONAL LEVEL IV 108.00
Engineer IV
Architect IV, Intern (Architect) IV
Landscape Architect IV
Interior Designer IV
Technologist IV
Resident Project Representative IV
PROFESSIONAL LEVEL III
Engineer 1/11, III
Architect III, Intern (Architect) III
Landscape Architect III
Intern (Landscape Architect) III
Interior Designer III
Technologist III
Resident Project Representative III
Expenses
SUPPORT STAFF II
Accounting Clerk
CADD
Clerical
Engineering Technician II
Administrative Secretary II
91.00 SUPPORT STAFF I
Architectural Student
Engineering Student
Interiors Student
Landscape Architecture Student
Accounting Clerk Trainee
CADD Trainee
Clerical Trainee
65.00
37.00
Reimbursement for expenses, as listed below, incurred in connection with the Additional Services, will be at cost plus five percent for
items such as:
1. Maps, photographs, postage, toll telephone, reproductions, printing, equipment rental, and special supplies related to the services.
2. Rented vehicles, local public transportation and taxis, travel, and subsistence.
3. Special or job specific fees, insurance, permits, and licenses applicable to the work services.
4. 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.
Page 29 of 35
Resolution No. 2010—RO202
EXHIBIT C
DUTIES, RESPONSIBILITIES, AND LIMITATIONS
OF AUTHORITY
OF RESIDENT PROJECT REPRESENTATIVE
Paragraph 1.01 C of the Agreement is amended and supplemented to include the following agreement of the
parties:
C6.02 Resident Project Representative
A. ENGINEER shall furnish a Resident Project Representative ("RPR"), assistants, and other field
staff to assist ENGINEER in observing progress and quality of 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.
B. Through such additional observations of Contractor's work in progress and field checks of materials
and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for
OWNER against defects and deficiencies in the Work. However, ENGINEER shall not, during such visits
or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over
the Contractor's Work nor shall ENGINEER have authority over or responsibility for the means, methods,
techniques, sequences, or procedures selected by Contractor, for safety precautions and programs incident
to the Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations
applicable to Contractor's performing and furnishing the Work, or responsibility of construction for
Contractor's failure to furnish and perform the Work in accordance with the Contract Documents.
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 full knowledge and approval of Contractor. RPR shall generally communicate with
OWNER with the knowledge of and under 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.
Page 30 of 35
c. Assist in obtaining from OWNER additional details or information, when required for
proper execution of the Work.
5. Interpretation of Contract Documents: Report to ENGINEER when clarifications and
interpretations of the Contract Documents are needed and transmit to Contractor clarifications and
interpretations as issued by ENGINEER.
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. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings
or Specifications and report with RPR's recommendations to ENGINEER. Transmit to Contractor in
writing decisions as issued by ENGINEER.
8. Review of Work 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 ENGINEER of that part of work in
progress that RPR believes should be corrected or rejected or should be uncovered for observation,
or requires special testing, inspection or approval.
9. Inspections, Tests, and System Startups:
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.
Page 31 of 35
10. Records:
a. Maintain at the Site orderly files for correspondence, reports of job conferences,
reproductions of original Contract Documents including all Change Orders, Field Orders, Work
Change Directives, Addenda, additional Drawings issued subsequent to the execution of the
Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress
reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other
Project related documents.
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.
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.
Page 32 of 35
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 as set 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.
5. Advise on, issue directions regarding, or assume control over safety precautions and programs
in connection with the activities or operations of OWNER or Contractor.
6. Participate in specialized field or laboratory tests or inspections conducted off-site by others
except as specifically authorized by ENGINEER.
7. Accept Shop Drawing or Sample submittals from anyone other than Contractor.
8. Authorize OWNER to occupy the Project in whole or in part.
Page 33 of 35
Resolution No. 2010-R0202
iN-com
Scope of Work
Lubbock Water Treatment Plant
Parkhill, Smith and Cooper
September 2008
GENERAL
N -Com, L.P. (N -Com) is pleased to provide this Proposal for Engineering Consulting Services
for Parkhill, Smith and Cooper (PSC). The Proposed Scope of Work details the tasks N -Com
will provide to assist Parkhill, Smith and Cooper with the preparation of the security
communication systems for Lubbock Water Treatment Plant.
SCOPE OF WORK
This scope is defined as communication design for electronic security of the 3 double automatic
gates located at Lubbock Water Treatment Plant east of the Lubbock airport. This will entail the
preparation of necessary drawings and documents attend meetings at the request of PSC and
respond to Requests for Information that PSC needs.
RECEIVABLES
N -Com will need current plans sheets and any sheets necessary in the design of communication
systems. These sheets should be provided in CAD format along with sheet sequence numbers.
N -Com requests any projections, schedules and diagrams, which provided information necessary
for this design effort.
DELIVERABLES
N -Com will provide Parkhill, Smith and Cooper with the Preliminary and Final Design
documents including Design Plans, Specifications for communication design, and any supporting
documentation. N -Com will be available to conduct review meetings. N -Com will also respond
to any RFI at PSC request.
Page 1 of 4
Proprietary and Confidential
!N-com
Scope of Work
Lubbock Water Treatment Plant
Parkhill, Smith and Cooper
September 2008
PROJECT FEES
N -Com will prepare the Design documentation on a Time & Expense basis in accordance to the
Scope as described above. Any variances, adjustments or additions to the Design may result in
increases to the proposed budgets. N -Com projects the following costs associated with the
Design Preparation:
Site Visit 4 hours
Plans and Specs 24 hours
CAD 2 hours
Meetings, review 12 hours
Detail Design Total 42 hours x $105 = $4410
The engineering costs provided above are projected costs based on past experiences and should
not be considered "not to exceed" prices.
PROJECT SCHEDULE
The project schedule is based on PSC schedule and every effort will be made by N -Com to
comply.
CHANGES IN THE SCOPE OF WORK
Any work requested by Parkhill, Smith and Cooper outside of this Scope of Work will be
documented in a Change of Scope form. Changes in the Scope of Work will be coordinated
between N -Com and Parkhill, Smith and Cooper. These changes will be subject to the written
approval of both parties, including corresponding changes in the project budget and schedule.
Page 2 of 4
Proprietary and Confidential
Resolution No. 2010-RO202
SMITH SURVEYING Robert
hone& Smith
6310 Genes Ave., Ste. A Lubbock, Texas 79424
Phone & Fax. 806.765.9543
Email: smidLwmeying@nts-online.net
Leonard Nail
Parkhill, Smith & Cooper
4222 85° Street
Lubbock, Texas 79423
January 28, 2010
Ref: David Avenue Project
Thank you for allowing us to submit a proposal of survey fees for a topographic survey of the proposed David Avenue area between
East Bluefield Street and East Dubuque Street. The following fee is an estimate of survey fees for.
1) Preparation ofcost proposal and research of Smith Surveying records $200.00
for survey control
2) Request "Dig Tess" locations and research city of Lubbock utility plans, 5460.00
lease agreements, and right of way records
3) Travel and field survey of right of way control, as marked utilities, $1080.00
Paving improvements, surface improvements and spot elevations
4) Preparation of Autocad drawing of survey and elecuonic copies 5660.00
Total Survey Fees: $2400.00
RATES PER HOUR:
RPLS 580.00
Cadd Tech. 550.00
Survey Tech. $30.00
One Man Survey Crew with:
Robotic Total Station $125.00
RTK GPS $165.00
RTK GPS and ATV S175.00
Two Man Survey Crew with
Conventional Equipment $120.00
Robotic Total Station $155.00
RTK GPS $185.00
This Is an estimate of survey fees— actual survey fees may exceed the above proposed cost.
This proposal does not Include a boundary survey or description preparations for right orway dedications.
Topographic surveys arc not subject to state sales tax.
Thank you for allowing us to serve you,
Robett L. Smith
Smith Surveying
Above terms acknowledged and agreed upon and Smith Surveying is requested io proceed with survey:
Leonard Nail
Date
Client please sign and return via fax (765-9543) or mail to above address.
1.28• I OPSC• W v,d Ale P.iW