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HomeMy WebLinkAboutResolution - 440 - Contract- Freese & Nichols_PSC- Engineering Services, WTP Improvement - 03_13_1980RESOLUTION #440 - 3/13/80 r"y Q4 RESOLUTION NO. 440 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 contract for engineering services for the water treatment plant improvements with Freese & Nichols/Parkhill, Smith and Cooper, A Joint Venture of Freese & Nichols, Inc., a copy of which is attached herewith which shall be spread upon the minutes of the Council, and shall constitute and be a part of this Resolution as if fully copies herein in detail. PASSED by the City Council this 13th day of March 1980. RK WEST, MAYOR ATTEST. r i velyn G fga,_City Sal& reasurer 'r _ APPROVED AS' -TO CONTENT: ater lWilities Administration APPROVED AS TO FORM: Assistant City Attorney r RESOLUTION #440 - 3/13/80 A G R E E M E N T CITY OF LUBBOCK, TEXAS AND FREESE & NICHOLS/PARKHILL, SMITH & COOPER, A JOINT VENTURE FOR ENGINEERING SERVICES THIS IS AN AGREEMENT made and entered into by and between THE CITY OF LUBBOCK, TEXAS hereinafter called the "Owner, and FREESE & NICHOLS/PARKHILL, SMITH & COOPER, a Joint Venture of Freese & Nichols, Inc. (A Texas Corpora- tion), Consulting Engineers of Fort Worth, Texas and Parkhill, Smith & Cooper, Inc. (A Texas Corporation), Engineers -Architects -Planners of 4010 Avenue R, Lubbock, Texas, hereinafter called the "Engineer". RECITALS In order to increase the capacity of the Lubbock Water Treatment Plant to 75 MGD, the Owner intends to: 1. Construct a regulating reservoir with a capacity of 1200 acre-foot, pump station and associated piping for the purpose of receiving and regulating flow of water received from the Canad4zn River Municipal Water Authority. 2. Construct six new filters, including equipment, controls and piping, at the Lubbock Water Treatment Plant; construct new high service, outdoor pump sta- tion with a capacity of '15 MGD. 3. Construct a new water distribution main of approximately 15 MGD capacity, to connect the new pump station at the Lubbock Water Treatment Plant to the distribution system at Pump Station No. 4. Such improvements are hereinafter called the Project or Projects. CONTRACTUAL UNDERTAKINGS SECTION TITLE PAGE Section I Employment of Engineer I-1 Section II Character and Extent of Services II-1 Section III Authorization of Services III-1 Section IV Period of Service IV-1 Section V Owner's Responsibilities V-1 Section VI The Engineer's Basic Compensation VI-1 Section VII Special Assignments and Services Not Included in Basic Compensation VII-1 Section VIII Revision to Drawings and Specifications VIII-1 Section IX Ownership of Documents IX-1 Section X Liability Limitation X-1 Section XI Termination XI-1 Section XII Arbitration of Disputes XII-1 Section XIII Address of Notices and Communications XIII-1 Section XIV Section Captions XIV-1 Section XV Successors and Assignments XV-1 SECTION I EMPLOYMENT OF ENGINEER .The Owner agrees to employ the Engineer and the Engineer agrees to perform professional engineering services in connection with the Project as stated in the Sections to follow, and for having rendered such services, the Owner agrees to pay to the Engineer compensation as stated in the Sections to follow. The profession- al engineering services shall include normal civil, structural, mechanical and electrical engineering services and normal architectural services incidental there- to. I - 1 SECTION II CHARACTER AND EXTENT OF SERVICES. A. PRELIMINARY PHASE Upon execution of this Agreement, authorization is hereby given to proceed with the Preliminary Phase. The Engineer shall: (1) Attend preliminary conferences with the Owner and other interested parties regarding the Project. (2) Establish the scope of special investigations, studies and surveys which may be required and retain outside consultants to conduct such special investigations, studies and surveys, including, but not limited to, the following: (a) Foundation investigation for the regulating reservoir to be conducted by Mason -Johnston & Associates, Inc. (b) Groundwater studies for the regulating reservoir to be conducted by Ed L. Reed and Associates. (c) Foundation investigation for the new filters at the water treatment plant to be conducted by Terra Testing Laboratories. (d) Site and route surveys to be conducted by Wilson Surveying Company The performance of these investigations, studies and surveys is not a part of the Engineers Basic Services, and compensa- tion therefor is not included in the Basic Charge. Compensa- tion for the special services shall be determined by the ap- plicable portions of Section VII, with limitations as set forth in Section VI. (3) Perform preliminary engineering services in connection with Project in sufficient detail to indicate the problems involved and the alternate solutions available to the Owner, to in- clude preliminary layouts, sketches and estimates of probable cost for the Project, and to set forth clearly the Engineer's recommendations. Prepare a brief preliminary report for each Project. (4) Furnish the Owner 15 copies of each preliminary report, includ- ing preliminary layouts, sketches and estimates of probable cost. II -lA B. DESIGN PHASE After written authorization to proceed with the Design Phase on the basis of accepted preliminary design documents, the Engineer shall: (1) Establish the scope, and advise the Owner, of any soil and foundation investigations or any special surveys or special testing which, in the opinion of the Engi- neer, 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 Engineer's basic services, and compensation therefor is not included in the Basic Charge; it may be performed by the Engineer, by agreement with the Owner, in which case compensation shall be determined by the applicable portions of Section VII. (2) Furnish to the Owner, where required by the circumstances of the',assignment, the engineering data necessary for appli- cations for routine permits by local, state and federal authorities, as distinguished from detailed applications and supporting documents for government grants-in-aid, or for planning advances or to meet the requirements of special programs of the Federal Government. (3) Arrange with the Owner for field surveys to collect infor- mation which, in the opinion of the Engineer, is required in the design of the Project. The performance of field surveys is not a part of the Engineer's basic services, and compensation therefor is not included in the Basic Charge; the surveys may be performed by the Engineer, by agreement with the Owner, in which case compensation shall be determined by applicable portions of Section VII. II - 2 (4) Prepare detailed specifications and contract drawings, pen- cil on paper, for construction authorized by the Owner. These designs shall be in accordance with generally accepted stand- ards of engineering. The specifications and drawings shall be prepared'as three distinct sets of documents, one set for each of the Projects described in the RECITALS. (5) The Owner and the Engineer agree the new filters shall be the same design, including dimensions, piping, structural, filter media, filter underdrain, and other features, as are the exist- ing filters. In order to minimize engineering cost, the Engi- neer will use reproductions of the original drawings for the existing filters wherever possible. In the event the Texas Health Department requires redesign, the additional work re- quired of the Engineer will be paid for under Section VII. (6) Prepare detailed estimates of probable cost and proposals of authorized construction, which shall include summaries of bid items and quantities which will be based, wherever practical, on the unit price system of bidding. The Engineer shall not be required to guarantee the accuracy of these estimates. (7) Furnish to the Owner all necessary copies of approved contract .documents including notices to bidders and proposals. All sets of Plans and Specifications in excess of five (5) are to be paid for separately under Section VII (14). C. BIDDING PHASE After written authorization to proceed with the Bidding Phase for each Pro- ject, the Engineer shall: (1) Assist the Owner in the advertisement of each Project for bids. (2) Assist the Owner in the opening and tabulation of bids for con- struction of each Project, and recommend to the Owner as to the proper action on all proposals received. (3) Assist in the preparation of formal Contract Documents for each Project. II 3 D. CONSTRUCTION PHASE During the Construction Phase for each Project, the Engineer shall: (1) Make visits to the site (as distinguished from the continuous services of a Resident Project Representative described in Subparagraph 3 below) to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. In performing this service, the Engineer will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work or material; he will not be responsible for the techniques and sequences of construction or the safety precautions incident thereto, and he will not be responsible or liable in any degree for the contractors' failure to perform the construction work in accordance with the Contract Documents. During .visits to the construction site, and on the basis of the Engineer's on -site observations as an experienced and qualified design professional, he will keep the Owner in- formed of the extent of the progress of the work, and advise the Owner of material and substantial defects and deficiencies which .have been observed in the work. (2) Consult and advise with the Owner; make recommendations to the Owner regarding materials and workmanship; and prepare and issue change orders with Owner's approval. Routine change orders, such as substitution of material or equipment and extension of time are considered a part of the Basic Service, therefore no extra charge could be made for these services. However, change orders requested by the Owner, or made necessary by changed site condi- tions, shall be considered special services and shall be paid for as specified in Section VII (24). (3) If specifically authorized by the Owner. in writing, furnish the services of Resident Project Representatives, and other field II - 4 personnel for continuous on -the -site observation of con- struction and for the performance of required construction layout surveys with duties as set forth in Exhibit A. Fur- nishing the services of a Resident Project.Representative is not a part of the Engineer's basic services, and compensation therefor is not included in the Basic Charge; if provided, compensation shall be determined under Section VII (3). The authority and duties of such Resident Project Representatives are limited to examining the material furnished and observing the work done, and to reporting their findings to the Engineer. ,The Engineer will use the usual degree of care and prudent judgment in the selection of competent Project Representatives, and the Engineer will use his best efforts to see that the Pro- ject Representatives are on the job to perform their required duties. It is agreed, however, that the Engineer does not underwrite, guarantee, or insure the work done by the contrac- tors., Failure by any Project Representative or other personnel engaged in on -the -site observation to discover defects or defi- ciencies in the work of the contractors shall not relieve the contractor for liability therefor or subject the Engineer to any liability for any such defect or deficiencies. (4) Review samples, catalog data, schedules, shop drawings, labora- tory, shop and mill tests of material and equipment and other data which the contractor is required to submit, but only for conformance with the design concepts of the Project and for com- pliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. (5) Based on his on -site observations as anexperienced and qualified design professional and on his review of Contractor(s') applica- tions for payment and the accompanying data and schedules, determine II - 5 the amounts owing.to Contractor(s) and approve in writing payments to Contractor(s) in such amounts; such approvals of payment will constitute a representation to Owner, based on such observations and review, that the work has progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accord- ance with the Contract Documents (subject to an evaluation of the work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Con- tract Documents, and to any qualifications stated in his ap- proval), but by approving an application for payment Engineer will not be deemed to have represented that he has made any examination to determine.how or for what purposes any Contractor has used the moneys paid on account of the Contract Price, or that title to any of the Contractor(s') work, materials, or equipment has passed to Owner free and clear of any lien, claims, security interests or encumbrances. (6) Conduct, in company with the Owner, a final inspection of the Project for compliance with the Contract Documents and make recommendations to the Owner regarding completion of the Pro- ject.. (7) Revise contract drawings, with the assistance of the Resident Project Representative, to provide record drawings of the com- pleted Project, and furnish one set of prints to the Owner. The Engineer will exercise the usual degree of care in preparing these drawings; but he shall not be required to guarantee the accuracy of the record drawings. Compensation for record drawings is not. .part of Basic Charge and shall be determined as described under Section VII (18). Mylar prints of the original tracings shall be furnished the owner as specified in Section IX. II - 6 SECTION III AUTHORIZATION OF SERVICES The Engineer shall be authorized to proceed with Preliminary Phase ser- vices for the Project upon execution of this Agreement. The Owner's written authorization shall be obtained prior to proceeding with each subsequent phase of services. SECTION IV PERIOD OF SERVICE The provisions of this Agreement and the various rates of compensation for Engineer's services provided for herein have been agreed to in anticipa- tion of the orderly and continuous progress of the Project through completion of the Construction Phase. The Engineer's obligation to render services here- under will extend for a period which may reasonably be required for the design, award of contracts and construction of the Project including extra work and required extensions thereto. The various rates of compensation have been determined on estimated sala- ries, salary overhead, administrative overhead and direct cost in effect until December 31, 1980. It is agreed the authorization to proceed with the Pre- liminary Phase will be given upon execution of this Agreement. The Preliminary Phase shall be completed within 120 calendar days or by May 31, 1980, which- ever is later. The authorization to proceed with the Design Phase shall be given within 30 days after the completion of Preliminary Phase or by July 1, 1980, whichever is later. The Design Phase shall be completed within 180 calendar days after the authorization to proceed with the Design Phase or by December 31, 1980, whichever is later. In the event the authorization is delayed so that the time (180 calendar -days) required for completion extends beyond December 31, 1980, the rates of compensation shall be adjusted as set forth in Section VI. The authorization to proceed with the Bidding Phase and with the Construction Phase for each of the Projects shall be at various times at the discretion of the Owner. The compensation for the Bidding Phase and the Construction Phase for . each of the Projects was determined based on estimated salaries, salary overhead, administrative overhead and direct cost in effect until December 31, 1980. It is agreed the rates of compensation for the Bidding Phase and for the Construction Phase for each Project will be adjusted as set forth in Section VI. IV-1 SECTION V OWNER'S RESPONSIBILITIES A. GENERAL The Engineer shall hold conferences with the Owner, or its representatives, in order to obtain full benefit of the Owner's experience and knowledge of exist- ing_needs and facilities, and be consistent with its current policies and con- struction standards. B. OWNER'S RESPONSIBILITIES The Owner shall: (1) Provide full information as to his requirements for the Project. (2) Assist Engineer by placing at his disposal all available information pertinent to the Project including previous reports and any other data relative to design and con- struction of the Project. (3) Furnish to Engineer, as required by him for performance of his Basic Services, data prepared by or services of others, such as core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appro- priate professional interpretations of all of the foregoing; property, boundary, easement, right-of-way, topographic and utility surveys and property description; zoning and deed restriction; and other special data or consultations not covered in Section VII; all of which Engineer may rely upon in performing his services. (4) Guarantee access to and make all provisions for Engineer to enter upon public and private property as required for Engi- neer to perform his services. V - 1 (5) Examine all studies, reports, sketches, drawings, specifi- cations, proposals and other documents presented by Engi- neer, obtain advice of an attorney, insurance counselor and other consultants as he deems appropriate for such examina- tion and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Engineer. (6) Pay all costs, including but not limited to advertising, reproduction and blueprinting, incident to obtaining bids or proposals from contractors. (7) Provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for the Project, and such auditing service as Owner may require to ascertain how or for what purpose any contractor has used the moneys paid to him under the construction contract. (8) Designate in writing a person to act as.Owner's representa- tive with respect to the work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to mater- ials, equipment, elements and systems pertinent to Engineer's services. (9) Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of any defect in the Project. (10) Furnish approvals and permits from all governmental authori- ties having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. V - 2 (11) Furnish, or direct Engineer to provide, necessary Additional Services as stipulated in Section VII of this Agreement or other services as required. (12) Bear all costs incident to compliance with the requirements Of this Section V. SECTION VI THE ENGINEERS BASIC COMPENSATION .For and in consideration of the services to be rendered by -the Engineer, the Owner shall pay, and the Engineer shall receive the compensation herein- after set forth, for the Preliminary, Design, Bidding and Construction Phases of the work. All remittances by Owner of such compensation shall either be mailed or delivered to Freese & Nichols/Parkhill, Smith & Cooper, 4010 Avenue R, Lubbock, Texas 79412. Should Owner fail tomake payment to the Engineer of the sum named in any partial or final statement when payment is past due for more than thirty days, then the Owner shall pay to the Engineer, in addition to the sum shown as due by such statement, interest thereon at the rate of 1.27 percent per month from the date due, as provided herein, until fully paid, which shall fully liquidate any injury to the Engineer arising from such delay in payment, but the right is expressly reserved to the Engineer in event payments are not promptly made as provided herein, at any time thereafter to treat the Agree- ment as terminated by the Owner and recover compensation as provided by Sec- tion XI of this Agreement. A. PRELIMINARY PHASE: Payment for services in the Preliminary Phase shall be made to the Engineer as follows: For the new filters and the outdoor high service pump station at the Lubbock Water Treatment Plant the lump sum amount of $21,205.00. For the new 15 MGD water distribution main from the Lubbock Water Treatment Plant to the Pump Station No. 4 the lump sum - amount of $6,500.00. For the 1200 acre-foot regulating reservoir, pump station and associated piping salary cost times a multiplier of 2.30, plus reimbursement for direct non -labor cost plus a 15 percent ser- vice charge. Salary costs are as defined in Section VII. The total payment to the Engineer for the Preliminary Phase for the 1200 acre-foot regulating reservoir, pump station and associated piping shall not exceed $50,000.00 without written authorization by the Owner. VI-1 For special investigation of subsurface conditions for the 1200 acre-foot reservoir, to be conducted by Mason -Johnston & Asso- ciates, Inc., in accordance with applicable portions. of Section VII, however the total amount shall not exceed $41,712.00 with- out written authorization by the Owner. For special groundwater studies for the 1200 acre-foot reservoir to be conducted by Ed L. Reed and Associates in accordance with applicable portions of Section VII, however the total amount shall not exceed $15,000.00 without written authorization by the Owner. For special investigation of subsurface conditions for the new filters at the water treatment plant, to be conducted by Terra Testing Laboratories, in accordance with applicable portions of Section VII, however the total amount shall not exceed $5,000.00 without written authorization by the Owner. For site surveys for the regulating reservoir and the new filters and route surveys for the water distribution main, to be conducted by Wilson Surveying Company, in accordance with applicable portions of Section VII, however the total amount shall not exceed $8,800.00 without written authorization by the Owner. VI - IA Partial payments for services in the Preliminary Phase shall be made monthly in proportion to that part of the services in the Preliminary Phase which has been accomplished, as evidenced by monthly statements submitted by the Engineer ,to the Owner. Final payment for services in the Preliminary Phase shall be payable upon submission to the Owner of the required report, sketches, and esti- mates, and upon his acceptance, which shall be within 30 days after submission. B. DESIGN PHASE Payment for services in the Design Phase shall be made to the Engineer as follows: For the regulating reservoir, pump station and related piping, the lump sum amount of $167,210.00. For the new filters and high service pump station at the Lubbock Water Treatment Plant, the lump sum amount of $90,245.00. For the new pipeline of 15 MGD capacity from the Lubbock Water Treatment Plant to the ten million gallon reservoir at Pump Station No. 4, the lump sum amount of $52,966.00. The above rates of compensation are based on completing the Design Phase within a period of 180 calendar days prior to December 31, 1980. If the author- ization to proceed is given by the Owner to the Engineer on all or any one of the Projects after July 31, 1980, then the rates of compensation shall be adjusted in accordance with the following formula: ARC s IRC + (IRC x 180 x b231166� Where ARC a Adjusted Rate of Compensation IRC - Initial Rate of Compensation a - Number of days which completion extends beyond December 31, 1980 based on 180 calendar day completion time. b - Consumer Price Index - U.S. Average published by the Department of Labor for the end of the month nearest to the midpoint of the total num- ber of days required to complete the Design Phase after December 31, 1980. VI-2 Partial payments for services in the Design Phase shall be made monthly, in proportion to that part of the services in the Design Phase which has been accomplished, as evidenced by monthly statements submitted by the Engineer to the Owner. Final payment for services authorized in the Design Phase shall be due upon the completion of these services. C. BIDDING PHASE Payment for services in the Bidding Phase shall be made to the Engineer as follows: For the regulating reservoir, pump station and related piping, the lump sum amount of $9,312.00. For the new filters and high service pump station at the Lubbock Water Treatment Plant, the lump sum amount of $5,402.00. For the new pipeline of 15 MGD capacity from the Lubbock Water Treatment Plant to the ten million gallon reservoir at Pump Station No. 4, the lump sum amount of $2,371.00.. The above rates of compensation for Bidding Phase Services are based on salaries, salary overhead, administrative overhead and direct cost estimated to be in effect until December 31, 1980. For any Bidding Phase service authorized after December 31, 1980, the above rates of compensation shall be adjusted in accordance with the following formula: ARC = IRC x c 231.6 Where ARC = Adjusted Rate of Compensation IRC = Initial Rate of Compensation c = Consumer Price Index - U.S. Average published by the Department of Labor for the end of the month next following the authorization to re- ceive bids on each of the Projects. This sum will be paid to the Engineer upon completion of the Bidding Phase for each Project, including the preparation of Contract Documents; or if no contract is awarded upon the refusal by the Owner to award a contract. vI - 3 D. CONSTRUCTION PHASE Payment for services in the Construction Phase shall be made to the Engi- neer as follows: For the regulating reservoir, pump station and related piping, the lump sum amount of $92,006%00. For the new filters and high service pump station at the Lubbock Water Treatment Plant, the lump sum amount of $31,847.00. For the new pipeline of 15 MGD capacity from the Lubbock Water Treatment Plant to the ten million gallon reservoir at Pump Station No. 4, the lump sum amount of $18,504.00. The above rates of compensation for Construction Phase Services are based on salaries, salary overhead, administrative overhead and direct cost estimated to be in effect until December 31, 1980. For any Construction Phase Period services authorized after December 31, 1980, the above rates of compensation shall be adjusted in accordance with the following formula: ARC = IRC x d 231.6 Where ARC = Adjusted Rate of Compensation IRC = Initial. Rate of Compensation d = Consumer Price Index - U.S. Average published by the Department of Labor for the month nearest the midpoint of the Construction Phase Services for each of the Projects. This sum will be paid in monthly installments in proportion to the con- struction work completed, on the basis of the Engineer's estimates prepared for monthly payments to contractors, plus the actual value of all materials and equipment purchased or furnished directly by the Owner for the Project or Pro- jects. Upon completion of all work authorized in the Construction Phase for each Project, the Engineer will be paid the remainder -of the charge for this Phase. VI-4 In the event the time required for construction exceeds the time of con- struction, as allowed in the Contract Documents, by more than 30 days, the Owner shall reimburse the Engineer for all services rendered after the 30th day on the basis of salary cost times a multiplier of 2.30 plus reimbursement.for direct non - labor expense and subcontract expense at'invoice cost.plus a 15 percent service charge. Salary costsare defined in Section VII. VI - 5 SECTION VII SPECIAL ASSIGNMENTS AND SERVICES NOT INCLUDED IN BASIC COMPENSATION Engineer shall furnish or obtain from others additional services and special assignments of the following types which are not considered normal or customary Basic Services. SERVICE BASIS OF COMPENSATION (1) Field Surveys to collect in- Salary cost times a multiplier formation required for design of 2.30. Reimbursement for .including photogrammetry, and direct non -labor expense and related office computations subcontract expense at invoice and drafting. cost plus a 15 percent ser- vice charge. (2) Studies, tests and process Salary cost times a multiplier determinations to establish of 2.30. Reimbursement for basis of design for water and direct non -labor expense and waste treatment facilities. subcontract expense at invoice cost plus a 15 percent ser- vice charge. (3) Services of a Resident Pro- Salary cost times a multiplier ject Representative, and of 2.30. Reimbursement for other field personnel as re- direct non -labor expense and quired, for on -the -site ob- subcontract expense at invoice servation of construction cost plus a 15 percent ser- and for construction lay- vice charge. out surveys. (4) Land surveys, and establish- Salary cost times a multiplier ment of boundaries and monu- of 2.30. Reimbursement for ments, and related office direct non -labor expense and computations and drafting. subcontract expense at invoice. cost plus a 15 percent ser- vice charge. (5) Preparation of property or Salary cost times a multiplier easement descriptions. of 2.30. Reimbursement for direct non -labor expense plus a 15 percent service charge. (6) Preparation of any special Salary cost times a multiplier reports required for market- of 2.30. Reimbursement for ing of bonds. direct non -labor expense plus a 15 percent service charge. VII-1 SERVICE BASIS OF COMPENSATION (7) Small design assignments Salary cost times a multiplier (estimated construction cost of 2.30. Reimbursement for less than $100,000). direct non -labor expense plus a 15 percent service charge. (6) Appearance before regula- Salary cost times a multiplier tory agencies. of 2.30. Reimbursement for direct non -labor expense plus a 15 percent service charge. (9) Assistance to the Owner as $400.00 per diem for each day, an expert witness in any or part, thereof, in which litigation with third part- Engineer's presence as an ex- ites, arising from the deve- pert witness is required by lopment or construction of Owner. Time for preparation of the Project including prepara- engineering data and reports: tion of engineering data and salary cost times a multiplier reports. of 2.30 and reimbursement for direct non -labor expense plus a 15 percent service charge. (10) Special investigations in- Salary cost times a multiplier volving detailed considera- of 2.30. Reimbursement for tion of operation, maintenance direct non -labor expense plus and overhead expenses; prepara- a 15 percent service charge. tion of rate schedules, earn- ings and expense statements; special feasibility studies; appraisals; valuations; and material audits or inventories required for certification of force account construction performed by the Owner. (11) Soil and foundation investiga- (a) Furnish by the Owner, or tions, including field and (b) By Engineer at salary cost laboratory.tests, borings, times a multiplier of 2.30 and related engineering analysis reimbursement for direct non - and recommendations. labor expense and subcontract expense at invoice cost plus a 15 percent service charge. (12) Detailed mill, shop and/or (a) Furnish by the Owner, or laboratory inspection of (b) By Engineer at salary cost materials or equipment. times a multiplier of,2.30 and reimbursement for direct non - labor expense and subcontract expense at invoice cost plus a 15 percent service charge. VII-2 SERVICE (13) Travel and subsistence required of the Engineer and authorized by the Owner to points other than Owner's office and ' project site. (14) Additional copies of reports over 15 copies; additional sets of con- tract documents over 5 copies; and additional blueprint copies_of draw- ings over 5 copies. (15). Preparation of applications and supporting documents for government grants,.plan- ning advances or to meet the requirements of special programs of the Federal Government. (16) Preparation of environmental statements and assistance to Owner in preparing for, and attending public hearings. (17) Plotting, computing, and filing plats of subdivisions; staking of lots; and related land planning and partition- ing functions. (18) Revisions to contract draw- ings to provide record draw- ings of the completed con- tract. (19) Service after issuance of Certificate of Completion. VII-3 BASIS OF COMPENSATION Cost of travel and living ex- penses plus a 15 percent ser- vice charge. Salary cost times a multiplier of 2.30. Reimbursement for direct non -labor expense and subcontract expense at invoice cost plus a 15 percent ser- vice charge. Salary cost times a multiplier of 2.30. Reimbursement for direct non -labor expense at invoice cost plus 15 percent service charge. Salary cost times a multiplier of 2.30. Reimbursement for direct non -labor expense at invoice cost plus a 15 per- cent service charge. Salary cost times a multiplier of 2.30. Reimbursement for direct non -labor expense at invoice cost plus a 15 percent service charge. Salary cost times a multiplier of 2.30. Reimbursement for direct non -labor expense at invoice cost plus a 15 per- cent service charge. Salary cost times a multiplier of 2.30. Reimbursement for direct non -labor expense at invoice cost plus a 15 per- cent service charge. SERVICE (20) Services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify accuracy of drawings or other infor- mation furnished by Client. (21) Preparation of operating instructions and manuals for facilities and train- ing of personnel and assis- tance in operation of facilities. (22) Providing renderings or models for Owner's use. (23) Preparing documents for alternate bids requested by Owner for work which is not executed or docu- ments for out -of -sequence work. (24) Services in connection with change orders to re- flect changes requested by the Owner, and services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortage. (25) Any other special or mis- cellaneous assignment speci- fically authorized by Owner. VII-4 BASIS OF COMPENSATION Salary cost times a multiplier of 2.30. Reimbursement for direct non -labor expense at invoice cost plus a 15 percent service charge. Salary cost times a multiplier of 2.30. Reimbursement for direct non -labor expenses plus a 15 percent service charge. Salary cost times a multiplier of 2.30. Reimbursement for direct non -labor expense plus a 15 percent service charge. Salary cost times a multiplier of 2.30. Reimbursement for direct non -labor expense plus a 15 percent service charge. Salary cost times a multiplier of 2.30. Reimbursement for direct non -labor expense plus a 15 percent service charge. Salary cost times a multiplier of 2.30. Reimbursement for direct non -labor expense plus a 15 percent service charge. The duties and responsibilities and the limitations on the authority of the Resident Project Representative and assistants will be set forth in Exhibit A which is to be identified, attached to and made a part of this Agreement before such ser- vices begin. Payments to the Engineer for authorized services not included in Basic Charges will be made monthly, by the Owner, upon presentation of monthly statements by the Engineer of such services. "Salary cost" is defined as the cost of salaries (in- cluding sick leave, vacation, holiday and incentive pay applicable thereto) of engineers, technicians, draftsmen, stenographers, surveymen, clerks, etc. for time directly chargeable to the Project, plus social security contributions, unemploy- ment,.excise and payroll taxes, employment compensation insurance,. retirement bene- fits, and medical and insurance benefits applicable thereto. The allowance for sick leave, vacation, holidays, social security, unemployment,., excise and payroll taxes, employment compensation insurance, retirement benefits, and medical insurance benefits will be adjusted annually. Reimbursable expenses are defined as actual expenses incurred directly or in- directly in connection with the Project for: transportation and subsistence; toll telephone charges; reproduction; surveying; computer time; subsurface testing; soil testing and services of outside consultants. VII - 5 SECTION VIII REVISION TO DRAWINGS AND SPECIFICATIONS The Engineer will make, without expense to the Owner, such revisions of the preliminary drawings as may be required .to meet the needs of the Owner, but after a definite plan has been approved by the Owner, if a decision is subsequently made by the Owner which, for its proper execution, involves extra services and expenses for changes in, or addition to the drawings, specifications or other documents, or if the Engineer is put to labor or expense by delays imposed on him from causes not within his control, such as by (but not limited to) the readvertise- meat of bids or by the delinquency or insolvency of contractors, the Engineer shall be compensated for such extra services and expense, which services and expense shall not.be considered as covered by the Basic Charges stipulated in this Agreement. Compensation for such extra services shall be at salary cost times a multiplier of 2.30, and reimbursements for direct non -labor expense and subcontract expense at invoice cost plus a 15 percent service charge. ' YLViiVL\ i.� OWNERSHIP OF DOCUMENTS Original documents, plans, designs and survey notes developed in connection with services performed hereunder belong -to, and remain the property of the Engi- neer. The Engineer shall furnish to the Owner one set of prints of the original drawings printed on Mylar (or equal) film. Compensation for the Mylar prints is not a part of the Basic Charge and shall be determined as described under Section Vil (18). It is agreed the Owner will use the prints solely in connection with the Projects, -save with the express consent of the Engineer. SECTION X LIABILITY LIMITATION The Owner agrees that the Engineers professional liability for negligence, or breach of warranty in the preparation of designs and drawings, the designation or selection of materials and equipment, the selection and supervision of Pro- ject Representatives and other personnel, or the performance of any other services in connection with any assignment for which written authorization is given by the Owner pursuant to Section III of this Agreement, shall in no event exceed the amount of the total compensation received by the Engineer for services rendered in connection with such authorized assignment. X - 1 SECTION XI Innni"'KI LUN Either party to this Agreement may terminate the Agreement by giving to the other seven days notice in writing. Upon delivery of such notice by the Owner to the Engineer, and upon expiration of the seven-day period, the Engineer shall. discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practi- cable after receipt of notice of termination, the Engineer shall submit a state- ment, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charges which the services actually performed under this Agree- ment bear to the total services called for under this Agreement, less such pay- ments on account of the charges as have been previously made. Copies of all completed or partially completed designs, plans and specifications prepared under this Agreement shall be delivered to the Owner when and'if.this Agreement is ter- minated, but subject to the restrictions, as to their use, as set forth in Sec- tion IX. XI - 1 SECTION XII ARBITRATION OF DISPUTES All disputes, claims or questions subject to arbitration under this contract shall be submitted to arbitration.in accordance with the Arbitration Statutes of the State of Texas. The Engineer shall not cause a delay of the work during any arbitration pro- ceedings except by agreement with the Owner. Notice of the demand for arbitration of a dispute.shall be filed in writing with the other parties to the contract. The demand for arbitration shall be made within a reasonable time after the dispute has arisen; in no case, however, shall the demand be made later than the time for final payment except as otherwise ex- pressly stipulated in the contract. Nothing in this paragraph contained is in- tended to be in derogation of.the Arbitration Statutes of the. State of Texas, and any notices or demands'for arbitration required by these statutes are in addition to the notices to be given as above provided. XII - 1 SECTION XIII ADDRESS OF NOTICES AND COMMUNICATIONS All notices.and communications under this Agreement to be mailed or delivered to Engineer shall be to the following address: FREESE & NICHOLS/PARKHILL, SMITH & COOPER A JOINT VENTURE 4010 Avenue R Lubbock, Texas 79412 All notices and communications under this Agreement to be mailed or delivered - to the Owner shall be to the following address: i MR. S. W. WAHL Director of Water Utilities City of Lubbock P.O. Sox 2000 Lubbock, Texas 79457 SECTION XIV SECTION CAPTIONS Each Section under the contractural undertakings has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any Section or in any way determine its interpretation or applica- tion. SECTION XV SUCCESSORS AND ASSIGNMENTS The Owner and the Engineer each binds himself and his successors, executors, administrators and assigns to the other party of this Agreement and to the succes- sors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither the Owner nor the Engi- neer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party thereto. EXECUTED in 4 counterparts (each of which is an original) on behalf of Engineer by the president of Freese & Nichols and .the president of Parkhill, Smith & Cooper shown below, and on behalf of Owner by its (thereunto duly authorized) this Al� day of�� , 1ceb. -OWNER: By _ Mayor ATTEST: City Sec e -APPROVED AS TO FORM: City Attorney XV-1 ENGINEER: FOR FREESE & NICHOLS, INC. s . President FOR PARKHILL, SMITH & COOPER, INC. By "_�j�_ Pre dent EXHIBIT A TO AGREEMENT BEIWEEN CITY OF LUBBOCK, TEXAS AND FREESE & NICHOLS/PARKHILL, SMITH & COOPER, A JOINT VENTURE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF THE AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE A. GENERAL The Resident Project Representative is the Engineer's Agent and shall act under the supervision and direction of the Engineer. He shall confer with the Engineer re- garding his actions, and shall generally communicate with the Owner only through the Engineer. B. DUTIES AND RESPONSIBILITIES The Resident Project Representative shall: 1. Schedule - Review the construction schedule prepared by the Contractor for compliance with the contract and give written advice to the Engineer concerning its acceptability. 2. Conferences - Attend pre -construction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with the Engi- neer and notify those expected to attend in advance. Maintain and circulate copies of records of the meetings. 3. -Liaison - a. Serve as the Engineer's liaison with the Contractor working principally ,through the Contractor's field superintendent. Page 1 of 4 pages b. Cooperate with the Contractor in his dealings with the various local agen- cies having jurisdiction over the Project in order to complete service connections to public utilities and facilities. c. Assist the Engineer in obtaining from the Owner additional details or information, when required at the job site for proper execution of the work. 4.. Approvals - When required, assist the Engineer in obtaining from the Contrac- tor a list of his proposed suppliers and subcontractors. S. Samples - Assist the Engineer in obtaining field samples of materials delivered to the site which are required to be furnished, and keep record of actions taken by the Engineer. 6. Shop Drawings a. Receive approved shop drawings and other submissions from the Engineer; record'data received, maintain a file of the drawings and submissions, and check construction for compliance with ttrem. b. Alert the Contractor's field superintendent when he observes materials or equipment being installed before approval of shop drawings or samples, where such are required, and advise the Engineer when he believes it is necessary to disapprove work as failing to conform to the Contract Docu- ments. 7. Review of Work, Inspections and Tests - a. Conduct on -site observations of the work in progress for the Engineer as a basis for determining that the Project is proceeding in accordance with the Contract Documents. b. Verify that tests, including equipment and systems start up, which are required by the Contract Documents are conducted and that the Contractor maintains adequate records thereof; observe, record and report to the Engineer appropriate details relative to the test procedures and start ups. Page 2 of 4 pages c. Accompanying visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these in- spections and report to the Engineer. 8. Interpretation of Contract Documents - Transmit to the Contractor the Engi- neer's interpretations of the Contract Documents. 9. Modifications - Consider and evaluate Contractor's suggestions for modifi- cations in drawings or specifications and report them with recommendations to the Engineer. 10. Records - a. Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings and other submissions, reproductions of original contract documents including all addenda, change orders and additional drawings issued subsequent to the award of the contract. the Engineer's interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording hours on the job site, weather condi- tions, list of visiting officials, daily activities, decisions, observa- tions in general, and specific observations in more detail as in the case of observing test procedures. c. Record names, addresses and telephone numbers of all Contractors, subcon- tractors and major material suppliers. d. Maintain a set of drawings on which authorized changes are noted, and deliver to the Engineer at the completion of the Project. 11. Reports - a. Furnish the Engineer periodic reports as required of progress of the Project and the Contractor's compliance with the approved construction schedule. b. Consult with the Engineer in advance of scheduled major tests or start of important phases of the Project. Page 3 of 4 pages � r � 12. Payment Requisitions - Review applications for payment with the Contractor for compliance with the established procedure for their submission and forward them with recommendations to the Engineer, noting particularly their relation to the work completed and materials and equipment delivered at the site. 13. Guarantees, Certificates, Maintenance and Operation Manuals - During the course of the work. assemble Guarantees. Certificates, Maintenance Operation Manuals and other required data to be furnished by the Contractor and upon acceptance of the Project, deliver this material to the Engineer for his approval and forwarding to the Owner. 14. Completion - a. Prior to final inspection, submit to the Contractor a list of observed items requiring correction and verify that each correction has been made. b. Conduct final inspection in the Company of the Engineer and the Owner and prepare a final list of items to be corrected. c. Verify that all items on final list have been corrected and make reconuuen- dations to the Engineer concerning acceptance. C. LIMITATIONS OF AUTHORITY tive: Except upon written instructions of the Engineer the Resident Project Representa- 1. Shall not authorize any deviation from the Contract Documents. 2. Shall not undertake any of the responsibilities of the Contractor, the sub -contractors or the Contractor's field superintendent. 3. Shall not expedite the work of the Contractor. 4. Shall not advise on or issue directions relative to any aspect of the con- struction technique or sequence unless a specific technique or sequence is called for in the Contract Documents. 5. Shall not authorize the Owner to occupy the Project in whole or in part prior to final acceptance of the work. 6. Shall not participate in specialized field or laboratory tests. 7. Shall not advise or issue directions as to safety precautions and programs in connection with the work. Page 4 of 4 pages