HomeMy WebLinkAboutResolution - 2010-R0628 - Contract 9894 Parkhill, Smith, & Cooper For Engineering Services - 12/15/2010Resolution No. 2010-RO628
December 15, 2010
Item No. 5.41
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Professional Services Agreement for
engineering services at the City's municipal solid waste disposal facilities, by and
between the City of Lubbock and Parkhill Smith & Cooper, Inc. of Lubbock. Texas, and
related documents. Said Agreement is attached hereto and incorporated in this resolution
as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on December 15, 2010
TOM MARTIN, MAYOR
ATTEST:
Rebecc Garza. City Secretary
APPROVED AS TO CON 'NT:
Scott Snider, Assistant City Manager
Community Services
APPROVED AS TO FORM:
A t ssist orney
vw:ccdocs RES.PSA-Parkhill Smith & Cooper, Inc.
December 7, 2010
Resolution No. 2010-RO628
AGREEMENT
BETWEEN THE CITY OF LUBBOCK
AND
PARKHILL, SMITH & COOPER, INC.
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT effective as of December 15, 2010 ("Effective Date")
between City of Lubbock ("OWNER") and
Parkhill, Smith & Cooper, Inc. ("ENGINEER").
OWNER intends to retain professional engineering services and to make certain improvements at the City's
municipal solid waste disposal facilities, herein known as the West Texas Region Disposal Facility (MSW No.
2252); Caliche Canyon (MSW No. 69); the facility located near 78th Street and Orlando Avenue; and any other
location which will involve solid waste management. Owner will identify individual projects and issue Work
Orders for each identified project. Engineer will prepare a scope of services and fee to perform requested
work for approval by Owner.
("Project").
OWNER and ENGINEER in consideration of their mutual covenants as set forth herein agree as follows:
Agreement for Professional Services
Page 1 of 16
TABLE OF CONTENTS
Page
ARTICLE I - SERVICES OF ENGINEER..................................................................................................... 3
1.01
Scope................................................................................................................................
3
ARTICLE 2 - OWNER'S RESPONSIBILITIES............................................................................................
3
2.01
General..............................................................................................................................3
ARTICLE 3 - TIMES FOR RENDERING SERVICES..................................................................................
5
3.01
General..............................................................................................................................5
3.02
Suspension........................................................................................................................
5
ARTICLE 4 - PAYMENTS TO ENGINEER.................................................................................................
5
4.01
Methods of Payment for Services and Reimbursable Expenses of ENGINEER ..............
5
4.02
Other Provisions Concerning Payments...........................................................................
6
ARTICLE 5 - OPINIONS OF COST............................................................................................................
6
5.01
Opinions of Probable Construction Cost...........................................................................
6
ARTICLE 6 - GENERAL CONSIDERATIONS............................................................................................
7
6.01
Standards of Performance................................................................................................
7
6.02
Authorized Project Representatives..................................................................................
8
6.03
Design without Construction Phase Services....................................................................
8
6.04
Use of Documents.............................................................................................................
8
6.05
Insurance...........................................................................................................................
9
6.06
Termination.......................................................................................................................
9
6.07
Controlling Law..................................................................................................................
9
6.08
Successors, Assigns, and Beneficiaries...........................................................................
9
6.09
Dispute Resolution..........................................................................................................
10
6.10
Hazardous Environmental Condition...............................................................................
10
6.11
Allocation of Risks...........................................................................................................
10
6.12
Notices............................................................................................................................
11
6.13
Survival............................................................................................................................
11
6.14
Severability......................................................................................................................
11
6.15
Waiver.............................................................................................................................
11
6.16
Headings.........................................................................................................................
11
ARTICLE7 - DEFINITIONS......................................................................................................................
11
7.01
Defined Terms.................................................................................................................
11
ARTICLE 8 - EXHIBITS AND SPECIAL PROVISIONS............................................................................
15
8.01
Exhibits Included.............................................................................................................
15
8.02
Total Agreement..............................................................................................................
15
Agreement for Professional Services
Page 2 of 16
ARTICLE 1 - SERVICES OF ENGINEER
1.01 Scope
A. ENGINEER shall provide the Basic and Additional Services set forth herein and in Exhibit A.
B. Upon this Agreement becoming effective, ENGINEER is authorized to begin Basic Services as set
forth in Exhibit A - Part 1.
C. If authorized by OWNER, ENGINEER shall furnish Resident Project Representative(s) with duties,
responsibilities and limitations of authority as set forth in Exhibit C.
ARTICLE 2 — OWNER'S RESPONSIBILITIES
2.01 General
A. OWNER shall have the responsibilities set forth herein for each Work Order issued under this
Agreement.
B. Provide ENGINEER with all criteria and full information as to OWNER's requirements forthe Project,
including, design objectives, space, capacity and performance requirements, flexibility, and expandability, and
any, budgetary limitations; and furnish copies of all design and construction standards which OWNER will
require to be included in the Drawings and Specifications; and furnish copies of OWNER's standard forms,
conditions, and related documents for ENGINEER to include in the Bidding Documents, when applicable.
C. Furnish to ENGINEER any other available information pertinent to the Project including reports and
data relative to previous designs, or investigation at or adjacent to the Site.
D. Following ENGINEER's assessment of initially -available Project information and data and upon
ENGINEER's request, furnish if available or otherwise make available such additional Project related
information and data as is reasonably required to enable ENGINEER to complete its Basic and Additional
Services. Such additional information or data would generally include the following:
1. Property descriptions.
2. Zoning, deed, and other land use restrictions.
3. Property, boundary, easement, right-of-way, and other special surveys or data, including
establishing relevant reference points.
4. Explorations and tests of subsurface conditions, if available, at or contiguous to the Site, drawings
of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site,
or hydrographic surveys, with appropriate professional interpretation thereof.
5. Available environmental assessments, audits, investigations and impact statements, and other
relevant environmental or cultural studies as to the Project, the Site, and adjacent areas.
6. Data or consultations as required for the Project but not otherwise identified in the Agreement or
the Exhibits thereto.
Agreement for Professional Services
Page 3 of 16
E. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware
of a Hazardous Environmental Condition or of any other development that affects the scope or time of
performance of ENGINEER's services, or any defect or nonconformance in ENGINEER's services or in the
work of any Contractor.
F. Authorize ENGINEER to provide Additional Services as set forth in Exhibit A - Part 2 of the Agreement
as required.
G. Arrange for safe access to and make all provisions for ENGINEER to enter upon public and private
property, as required for ENGINEER to perform services under the Agreement.
H. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals. and
other documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor,
and other advisors or consultants as OWNER deems appropriate with respect to such examination) and
render in writing timely, decisions pertaining thereto.
I. Assist with the reviews, approvals, and permits from all governmental authorities having jurisdiction to
approve all phases of the Project designed or specified by ENGINEER and such reviews, approvals, and
consents from others as may, be necessary for completion of each phase of the Project. Provide for the fees
associated with any permits necessary to complete any phase of the Project.
J. Provide, as required for the Project:
1. Accounting, bond and financial advisory, and insurance counseling services.
2. Legal services with regard to issues pertaining to the Project as OWNER requires, Contractor
raises, or ENGINEER reasonably requests.
3. Such auditing services as OWNER requires to ascertain how or for what purpose Contractor has
used the moneys paid.
4. Placement and payment for advertisement for Bids in appropriate publications.
K. Advise ENGINEER of the identity and scope of services of any independent consultants employed by
OWNER to perform or furnish services in regard to the Project, including, but not limited to, cost estimating,
project peer review, value engineering, and constructibility review.
L. Furnish to ENGINEER data as to OWNER's anticipated costs forservices to be provided byothers for
OWNER so that ENGINEER may make the necessary calculations to develop and periodically adjust
ENGINEER's opinion of Total Project Costs.
M. If OWNER designates a construction manager or an individual or entity other than, or in addition to,
ENGINEER to represent OWNER at the Site, define the duties, responsibilities, and limitations of authority of
such other party and the relation thereof to the duties, responsibilities, and authority of ENGINEER.
N. If more than one prime contract is to be awarded for the Work designed or specified by ENGINEER,
designate a person or entity to have authority and responsibility for coordinating the activities among the
various prime Contractors, and define and set forth the duties, responsibilities, and limitations of authority of
such individual or entity and the relation thereof to the duties, responsibilities, and authority of ENGINEER as
an attachment to this Exhibit B that is to be mutually agreed upon and made a part of this Agreement before
such services begin.
O. Attend the pre-bid conference, bid opening, pre -construction conferences, construction progress and
other job related meetings, and Substantial Completion and final payment inspections.
Agreement for Professional Services
Page 4 of 16
P. Provide the services of an independent testing laboratory(s) to perform all inspections, tests, and
approvals of Samples, materials, and equipment required by the Contract Documents, or to evaluate the
performance of materials, equipment, and facilities of OWNER, priorto their incorporation into the Work with
appropriate professional interpretation thereof unless authorized as Additional Services under Exhibit A —
Part 2.
ARTICLE 3 -TIMES FOR RENDERING SERVICES
3.01 General
A. ENGINEER's services and compensation underthis Agreement have been agreed to in anticipation of
the orderly and continuous progress of the Project through completion. Unless specific periods of time or
specific dates for providing services are specified in this Agreement or by schedule as agreed between
ENGINEER and OWNER for the specific project. ENGINEER's obligation to render services hereunder will be
for a period which may reasonably be required for the completion of said services.
B. If in this Agreement specific periods of time for rendering services are set forth or specific dates by
which services are to be completed are provided, and if such periods of time or dates are changed through no
fault of ENGINEER, that impact the time and compensation of the ENGINEER, the rates and amounts of
compensation provided for herein shall be subject to equitable adjustment for hourly rate contracts. If
OWNER has requested changes in this scope, extent, or character of the Project that impacts the
ENGINEER's time and compensation, the time of performance of ENGINEER's services shall be adjusted
equitably.
C. For purposes of this Agreement the term "day" means a calendar day of 24 hours.
D. Contract term is through midnight, December 31, 2013.
3.02 Suspension
A. If OWNER fails to give prompt written authorization to proceed with any phase of services after
completion of the immediately preceding phase, or if ENGINEER's services are delayed through no fault of
ENGINEER, ENGINEER may, after giving thirty days written notice to OWNER, suspend services under this
Agreement. be entitled to equitable adjustment of rates and amounts of compensation provided for elsewhere
in this Agreement to reflect, reasonable costs incurred by ENGINEER in connection with, among otherthings,
such delay or suspension and reactivation and the fact that the time for performance under this Agreement
has been revised.
B. If ENGINEER's services are delayed or suspended in whole or in part by OWNER, or if ENGINEER's
services are extended by Contractor's actions or inactions for more than 90 days through no fault of
ENGINEER, ENGINEER shall be entitled to equitable adjustment of rates and amounts of compensation
provided for elsewhere in this Agreement to reflect, reasonable costs incurred by ENGINEER in connection
with, among other things, such delay or suspension and reactivation and the fact that the time for performance
under this Agreement has been revised.
ARTICLE 4 - PAYMENTS TO ENGINEER
4.01 Methods of Payment for Basic Services and Additional Services of ENGINEER
A. For Basic Services. OWNER shall pay ENGINEER for Basic Services performed or furnished under
Exhibit A - Part 1, as set forth in Exhibit B.
Agreement for Professional Services
Page 5 of 16
B. For Additional Services. OWNER shall pay ENGINEER for Additional Services performed or
furnished under Exhibit A - Part 2, as set forth in Exhibit B.
C. For Reimbursable Expenses. In addition to payments provided for in paragraphs 4.01.A and 4.01.13,
OWNER shall pay ENGINEER for Reimbursable Expenses incurred by ENGINEER and ENGINEER's
Consultants as set forth in Exhibit B.
4.02 Other Provisions Concerning Payments
A. Preparation of Invoices. Invoices will be prepared in accordance with OW NER's requirements and will
be submitted to OWNER by ENGINEER, unless otherwise agreed. The amount billed in each invoice will be
calculated as set forth in Exhibit B.
B. Payment of Invoices. Invoices are due and payable within 60 days of receipt. If OWNER fails to
make any payment due ENGINEER for services and expenses within 60 days after receipt of ENGINEER's
invoice therefor, the amounts due ENGINEER will be increased at the rate of 1.0% per month (or the
maximum rate of interest permitted by law, if less) from said sixtieth day. In addition, ENGINEER may, after
giving thirty days written notice to OWNER, suspend services under this Agreement until ENGINEER has
been paid in full all amounts due for services, expenses, and other related charges. Payments will be credited
first to interest and then to principal.
C. Disputed Invoices. In the event of a disputed or contested invoice, only that portion so contested may
be withheld from payment, and the undisputed portion will be paid.
D. Payments Upon Termination. In the event of any termination, ENGINEER will be entitled to invoice
OWNER and will be paid in accordance with Exhibit B for all services performed or furnished and all expenses
incurred through the effective date of termination.
E. Records of ENGINEER's Costs. Records of ENGINEER's costs pertinent to ENGINEER's
compensation under this Agreement shall be kept in accordance with generally accepted accounting practices.
To the extent necessary to verify ENGINEER's charges and upon OWNER's timely request, copies of such
records will be made available to OWNER at no cost.
ARTICLE 5 - OPINIONS OF COST
5.01 Opinions of Probable Construction Cost
A. 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 bestjudgment 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 and does not
guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable
Construction Cost prepared by ENGINEER. If OWNER wishes greater assurance as to probable Construction
Cost, OWNER may request ENGINEER to provide an independent cost estimator as a subconsultant to
ENGINEER and reimbursable as provided in Exhibit B.
Agreement for Professional Services
Page 6 of 16
ARTICLE 6 - GENERAL CONSIDERATIONS
6.01 Standards of Performance
A. The standard of care for all professional engineering and related services performed or furnished by
ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's
profession practicing under similar circumstances at the same time and in the same locality.
B. ENGINEER shall be responsible for the technical accuracy of its services and documents resulting
therefrom, and OWNER shall not be responsible for discovering deficiencies therein. ENGINEER shall correct
such deficiencies without additional compensation except to the extent such action is directly attributable to
deficiencies in OWNER -furnished information.
C. ENGINEER shall perform or furnish professional engineering and related services in all phases of the
Project to which this Agreement applies. ENGINEER shall serve as OWNER's prime professional for the
Project. ENGINEER may employ such ENGINEER's Consultants as ENGINEER deems necessaryto assist
in the performance or furnishing of the services. ENGINEER shall not be required to employ any
ENGINEER's Consultant unacceptable to ENGINEER.
D. ENGINEER and OWNER shall comply with applicable Laws or Regulations and OWNER -mandated
standards. This Agreement is based on these requirements as of its Effective Date. Changes to these
requirements after the Effective Date of this Agreement may be the basis for modifications to OWNER's
responsibilities or to ENGINEER's scope of services, times of performance, or compensation.
E. OWNER shall make decisions and carry out its other responsibilities in a timely manner and shall bear
all costs incident thereto so as not to delay the services of ENGINEER.
F. Prior to the commencement of the Construction Phase, OWNER shall notify ENGINEER of any
variations from the language indicated in Exhibit D, "Notice of Acceptability of Work", or of any other notice or
certification that ENGINEER will be requested to provide to OWNER or third parties in connection with the
Project. OWNER and ENGINEER shall reach agreement on the terms of any such requested notice or
certification, and OWNER shall authorize such Additional Services as are necessaryto enable ENGINEER to
provide the notices or certifications requested.
G. ENGINEER shall not be required to sign any documents, no matter by whom requested, that would
result in the ENGINEER's having to certify, guarantee or warrant the existence of conditions whose existence
the ENGINEER cannot ascertain. OWNER agrees not to make resolution of any dispute with the ENGINEER
in any way contingent upon the ENGINEERs signing any such certification.
H. During the Construction Phase, ENGINEER shall not 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 the Contractor's work in progress, nor for any failure of Contractor to comply with Laws
and Regulations applicable to Contractor's furnishing and performing the Work.
I. ENGINEER does not guarantee the performance of any Contractor. The ENGINEER as the
OWNER's representative will notify the OWNER of any observed construction which is not in compliance with
the technical plans and specifications included in the Contract Documents. ENGINEER will further recommend
to OWNER to either reject portions of the work not in compliance or recommend OWNER notify Contractorto
stop all work until non-compliance work is in accordance with the Construction Documents.
J. ENGINEER shall not be responsible for the acts or omissions of any Contractor(s), subcontractor or
supplier, or of any of the Contractor's agents or employees or any other persons (except ENGINEER's own
employees) at the Site or otherwise furnishing or performing any of the Contractor's work; or for any decision
Agreement for Professional Services
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made on interpretations or clarifications of the Contract Documents given by OWNER without consultation and
advice of ENGINEER.
K. The General Conditions for any construction contract documents prepared hereunder are to be the
"Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract
Documents Committee (Document No. 1910-8,1996 Edition) unless both parties mutually agree to use other
General Conditions.
6.02 Authorized Project Representatives
A. ENGINEER and OWNER shall designate specific individuals to act as ENGINEER's and OWNER's
representatives with respect to the services to be performed or furnished by ENGINEER and responsibilities of
OWNER under this Agreement. Such individuals shall have authority to transmit instructions, receive
information, and render decisions relative to the Project on behalf of each respective party.
6.03 Design without Construction Phase Services
A. Should OWNER provide Construction Phase services with either OW NER's representatives ora third
party, ENGINEER's Basic Services under this Agreement will be considered to be completed upon completion
of the Final Design Phase or Bidding or Negotiating Phase as outlined in Exhibit A - Part 1.
B. It is understood and agreed that if ENGINEER's Basic Services under this Agreement do not include
Project observation, or review of the Contractor's performance, or any other Construction Phase services, and
that such services will be provided by OWNER, then OWNER assumes all responsibility for interpretation of
the Contract Documents and for construction observation or review and waives any claims against the
ENGINEER that may be in any way connected thereto.
6.04 Use of Documents
A. All Documents are instruments of service in respect to this Project, and ENGINEER shall retain an
ownership and property interest therein (and OWNER will be provided copies of all developed documents)
whether or not the Project is completed.
B. Copies of OWNER -furnished data that may be relied upon by ENGINEER are limited to the printed
copies (also known as hard copies) that are delivered to the ENGINEER. Files in electronic media format of
text, data, graphics, or of other types that are furnished by OWNER to ENGINEER are onlyfor convenience of
ENGINEER. Any conclusion or information obtained or derived from such electronic files will beat the user's
sole risk.
C. Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also
known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text,
data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of
OWNER. Any conclusion or information obtained or derived from such electronic files will beat the user's sole
risk.
D. Because data stored in electronic media format can deteriorate or be modified inadvertently or
otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will
perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to
have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be
corrected by the party delivering the electronic files. ENGINEER shall not be responsible to maintain
documents stored in electronic media format after acceptance by OWNER. If the Contract is terminated by
OWNER or ENGINEER then all documents developed as part of this contract become the property of the
OWNER.
E. When transferring documents in electronic media format, ENGINEER makes no representations as to
long term compatibility, usability, or readability of documents resulting from the use of software application
Agreement for Professional Services
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packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning
of this Project.
F. OWNER may make and retain copies of Documents for information and reference in connection
with use on the Project by OWNER. Such Documents are not intended or represented to be suitable for reuse
by OWNER or others on extensions of the Project or 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 OWNER's sole risk and without liability or legal exposure to ENGINEER orto ENGINEER's Consultants.
G. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern.
H. Any verification or adaptation of the Documents for extensions of the Project or for any other project
will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER.
6.05 Insurance
A. ENGINEER shall procure and maintain the following insurance: Worker's Compensation, General
Liability, Auto Liability and Professional Liability. The General Liability shall be endorsed to include contractual
coverages and completed operations. General Liability and Auto Liability shall include the OWNER as an
additional insured. General Liability, Auto Liability and Worker's Compensation shall be endorsed to include a
waiver of subrogation against the OWNER. Worker's Compensation is required and should be endorsed with
employee liability in the amount of $500,000. Other insurance coverage amounts are as follows:
General Liability .......................................$2,000,000
Auto Liability ............................................$1,000,000
Professional Liability ................................$1,000,000
B. ENGINEER's insurance shall contain a waiver of subrogation for all coverages.
C. At OWNER's request ENGINEER shall deliver certificates of insurance evidencing the coverage.
Such certificates shall be furnished prior to commencement of ENGINEER's services and at renewals
thereafter during the life of this agreement.
D. OWNER shall require Contractor to purchase and maintain general liability and other insurance as
specified in the Contract Documents and to cause ENGINEER and ENGINEER'S Consultants to be listed as
additional insureds with respect to such liability and other insurance purchased and maintained by Contractor
for the Project.
6.06 Termination
A. The obligation to provide further services under this Agreement may be terminated:
For cause, by either party upon 30 days written notice in the event of substantial failure by the other
party to perform in accordance with the terms hereof through no fault of the terminating party.
For convenience, by OWNER effective upon the receipt of notice by ENGINEER.
6.07 Controlling Law
A. This Agreement is to be governed by the law of the state in which the Project is located.
Agreement for Professional Services
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6.08 Successors, Assigns, and Beneficiaries
A. Neither OWNER nor ENGINEER may assign, sublet, ortransferany rights underor interest (including,
but without limitation, moneys that are due or may become due) in this Agreement without the written consent
of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law.
6.09 Dispute Resolution
A. OWNER and ENGINEER agree to negotiate all disputes between them in good faith fora minimum of
30 days from the date of notice.
6.10 Hazardous Environmental Condition
A. OWNER represents to Engineer that to the best of its knowledge a Hazardous Environmental
Condition does not exist.
B. OWNER has disclosed to the best of its knowledge to ENGINEER the existence of all Asbestos,
PCB's, Petroleum, Hazardous Waste, or Radioactive Material located at or near the Site, including type,
quantity and location.
C. If a Hazardous Environmental Condition is encountered or alleged, ENGINEER shall have the
obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental
officials.
D. It is acknowledged by both parties that ENGINEER's scope of services does not include any services
related to a Hazardous Environmental Condition. In the event ENGINEER or any other party encounters a
Hazardous Environmental Condition, ENGINEER may, at its option and without liability for consequential or
any other damages, suspend performance of services on the portion of the Project affected thereby until
OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate,
remediate, or remove the Hazardous Environmental Condition; and (ii)notifies the ENGINEER that the Site is
in full compliance with applicable Laws and Regulations.
E. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that
ENGINEER is not and shall not be required to become an "arranger", "operator', "generator", or "transporter"
of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and
Liability Act of 1990 (CERCLA), which are or may be encountered at or near the Site in connection with
ENGINEER=s activities under this Agreement.
F. If ENGINEER's services under this Agreement cannot be performed because of a Hazardous
Environmental Condition, the existence of the condition shall justify ENGINEER=s terminating this Agreement
for cause on 30 days notice.
6.11 Allocation of Risks
A. To the fullest extent permitted by law, ENGINEER shall indemnify and hold harmless OWNER,
OWNER's officers, directors, partners, and employees from and against any and all costs, losses, and
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts
or omissions of ENGINEER or ENGINEER's officers, directors, partners, employees, and ENGINEER's
Consultants in the performance and furnishing of ENGINEER's services under this Agreement.
B. To the extent permitted by law, OWNER shall hold harmless ENGINEER, ENGINEER's officers,
directors, partners, employees, and ENGINEER's Consultants from and against any and all costs, losses, and
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts
Agreement for Professional Services
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or omissions of OWNER or OWNER's officers, directors, partners, employees, and OWNER's consultants with
respect to this Agreement or the Project.
C. To the fullest extent permitted bylaw, ENGINEER's total liability to OWNER and anyone claiming by,
through, or under OWNER for any cost, loss, or damages caused in part by the negligence of ENGINEER and
in part by the negligence of OWNER or any other negligent entity or individual, shall not exceed the
percentage share that ENGINEER's negligence bears to the total negligence of OWNER, ENGINEER, and all
other negligent entities and individuals.
6.12 Notices
A. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its
address on the signature page and given personally, or by registered or certified mail postage prepaid, or by a
commercial courier service. All notices shall be effective upon the date of receipt.
6.13 Survival
A. All express representations, included in this Agreement will survive its completion or termination for
any reason.
6.14 Severability
A. Any provision or part of the Agreement held to be void or unenforceable under any Laws or
Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
OWNER and ENGINEER, who agree that the Agreement may be reformed to replace such stricken provision
or part thereof with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
6.16 Waiver
A. Non -enforcement of any provision by either party shall not constitute a waiver of that provision, nor
shall it affect the enforceability of that provision or of the remainder of this Agreement.
6.16 Headings
A. The headings used in this Agreement are for general reference only and do not have special
significance.
ARTICLE 7 - DEFINITIONS
7.01 Defined Terms
A. Wherever used in this Agreement (including the Exhibits hereto) and printed with initial or all capital
letters, the terms listed below have the meanings indicated, which are applicable to both the singular and
plural thereof:
1. Addenda—Written or graphic instruments issued priorto the opening of Bids which clarify, correct,
or change the Bidding Documents.
2. Additional Services—The services to be performed for or furnished to OWNER by ENGINEER in
accordance with Exhibit A - Part 2 of this Agreement.
3. Agreement—This "Standard Form of Agreement between OWNER and ENGINEER for
Professional Services", including those Exhibits listed in Article 8 hereof.
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4. Application for Payment --The form acceptable to ENGINEER which is to be used by Contractor in
requesting progress or final payments for the completion of its Work and which is to be accompanied by
such supporting documentation as is required by the Contract Documents.
5. Asbestos -containing materials—As defined by TCEQ 30 TAC 330, including the following.
a. Category I nonfriable asbestos -containing material (ACM) means asbestos -containing
packing gaskets, resilient floor covering, and asphalt roofing products containing more than 1.0%
asbestos as determined using the method specified in Appendix A, Subpart F, 40 CFR, Part 763, § I,
Polarized Light Microscopy.
b. Category II nonfriable ACM means any material, excluding Category I nonfriable ACM,
containing more than 1.0% asbestos as determined using the methods specified in Appendix A,
Subpart F, 40 CFR, Part 763, § I, Polarized Light Microscopy that, when dry, cannot be crumbled,
pulverized, or reduced to powder by hand pressure.
C. Friable ACM means any material containing more than 1.0% asbestos that, when dry, can
be crumbled, pulverized, or reduced to powder by hand pressure.
d. Nonfriable ACM means any material containing more than 1.0% asbestos that, when dry,
cannot be crumbled, pulverized, or reduced to powder by hand pressure.
6. Basic Services --The services to be performed for or furnished to OWNER by ENGINEER in
accordance with Exhibit A - Part 1, of this Agreement.
7. Bid --The offer or proposal of the bidder submitted on the prescribed form setting forth the prices
for the Work to be performed.
8. 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.
9. Change Order --A document recommended by ENGINEER, which is signed by Contractor and
OWNER to authorize an addition, deletion or revision in the Work, or an adjustment in the Contract Price or
the Contract Times, issued on or after the Effective Date of the Construction Agreement.
10. Construction Agreement --The written instrument which is evidence of the agreement, contained in
the Contract Documents, between OWNER and Contractor concerning the Work.
11. Construction Contract --The entire and integrated written agreement between the OWNER and
Contractor concerning the Work.
12. Construction Cost --The cost to OWNER of those portions of the entire Project 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 OW NER's costs for legal, accounting, insurance counseling or auditing services, or interest
and financing charges incurred in connection with the Project, or the cost of other services to be provided
by others to OWNER. Construction Cost is one of the items comprising Total Project Costs.
13. Contract Documents --Documents that establish the rights and obligations of the parties engaged
in construction and include the Construction Agreement between OWNER and Contractor, Addenda (which
pertain to the Contract Documents), Contractor's Bid (including documentation accompanying the Bid and
any post -Bid documentation submitted prior to the notice of award) when attached as an exhibit to 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 in the Construction Agreement, together with all Written Amendment, Change Orders,
Agreement for Professional Services
Page 12 of 16
Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on
or after the Effective Date of the Construction Agreement. Approved Shop Drawings and the reports and
drawings of subsurface and physical conditions are not Contract Documents.
14. Contract Price --The moneys payable by OWNER to Contractor for completion of the Work in
accordance with the Contract Documents and as stated in the Construction Agreement.
15. Construction Contract Times --The numbers of days or the dates stated in the Construction
Agreement to: (i) achieve Substantial Completion, and (ii) complete the Work so that it is ready for final
payment as evidenced by ENGINEER's written recommendation of final payment.
16. Contractor --An individual or entity with whom OWNER enters into a Construction Agreement.
17. Correction Period --The time after Substantial Completion during which Contractor must correct, at
no cost to OWNER, any Defective Work, normally one year after the date of Substantial Completion or
such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable
special guarantee or specific provision of the Contract Documents.
18. Defective --An adjective which, when used to modify the word Work, refers to Work that is
unsatisfactory, faulty, or deficient, in that it does not conform to the Contract Documents, or does not meet
the requirements of any inspection, reference standard, test, or approval referred to in the Contract
Documents, or has been damaged prior to ENGINEER's recommendation of final payment.
19. Direct Expenses --The expenses incurred directly by ENGINEER in connection with the performing
of Basic Services for the Project for which OWNER 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.
20. Documents --Data, reports, Drawings, Specifications, Record Drawings, and other
deliverables, whether in printed or electronic media format, provided or furnished in appropriate
phases by ENGINEER to OWNER pursuant to this Agreement.
21. 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.
22. Effective Date of the Construction Agreement --The date indicated in the Construction Agreement
on which it becomes effective, but if no such date is indicated, it means the date on which the Construction
Agreement is signed and delivered by the last of the two parties to sign and deliver.
23. Effective Date of the Agreement --The date indicated in this Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed and
delivered by the last of the two parties to sign and deliver.
24. Engineer's Consultants --Individuals or entities having a contract with ENGINEER to furnish
services with respect to this Project as ENGINEER's independent professional associates, consultants,
subcontractors, or vendors. The term ENGINEER includes ENGINEER's Consultants.
25. Field Order --A written order issued by ENGINEER which directs minor changes in the Work but
which does not involve a change in the Contract Price or the Contract Times.
26. General Conditions --That part of the Contract Documents which sets forth terms, conditions, and
procedures that govern the Work to be performed or furnished by Contractor with respect to the Project.
Agreement for Professional Services
Page 13 of 16
27. 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.
28. Hazardous Waste—As defined by TCEQ 30 TAC 330., any solid waste identified or listed as a
hazardous waste by the administrator of the United States Environmental Protection Agency (APA pursuant
to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of
1976, 42 USC §6901 et sew., as amended.
29. Laws and Regulations; Laws or Regulations --Any and all applicable laws, rules, regulations,
ordinances, codes, standards, and orders of any and all governmental bodies, agencies, authorities, and
courts having jurisdiction.
30. PCB's --Polychlorinated biphenyls.
31. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch
absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other
non -Hazardous Waste and crude oils.
32. Radioactive Materials --Source, special nuclear, or byproduct material as defined by the Atomic
Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
33. Record Drawings --The Drawings as issued for construction on which the ENGINEER, upon
completion of the Work, has shown changes due to Addenda or Change Orders and other information
which ENGINEER considers significant based on record documents furnished by Contractorto ENGINEER
and which were annotated by Contractor to show changes made during construction.
34. Reimbursable Expenses --The expenses incurred directly by ENGINEER in connection with the
performing of Additional Services for the Project for which OWNER 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.
35. 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 Project Representative agreed to by
OWNER. The duties and responsibilities of the Resident Project Representative are as set forth in Exhibit
C.
36. 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.
37. Shop Drawings --All drawings, diagrams, illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for Contractor and submitted by Contractor to
ENGINEER to illustrate some portion of the Work.
38. Site --Lands or areas indicated in the Contract Documents as being furnished by OWNER upon
which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands
furnished by OWNER which are designated for use of Contractor.
39. 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.
Agreement for Professional Services
Page 14 of 16
40. Substantial Completion --The time at which the Work (ora 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.
41. Supplementary Conditions --That part of the Contract Documents which amends or supplements
the General Conditions.
42. Total Project Costs --The sum of the Construction Cost, allowances for contingencies, the total
costs of services of ENGINEER or other design professionals and consultants, cost of land, rights-of-way,
or compensation for damages to properties, or OWNER's costs for legal, accounting, insurance counseling
or auditing services, or interest and financing charges incurred in connection with the Project, or the cost of
other services to be provided by others to OWNER pursuant to Exhibit B of this Agreement.
43. Work --The entire completed construction or the various separately identifiable parts thereof
required to be provided under the Contract Documents with respect to this Project. Work includes and is
the result of performing or furnishing labor, services, and documentation necessary to produce such
construction and furnishing, installing, and incorporating all materials and all equipment into such
construction, all as required by the Contract Documents.
44. Work Change Directive --A written directive to Contractor issued on or after the Effective Date of
the Construction Agreement and signed by OWNER upon recommendation of the ENGINEER, ordering an
addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical
conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not
change the Contract Price or the Contract Times but is evidence that the parties expect that the change
directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times.
45. Written Amendment --A written amendment of the Contract Documents signed by OWNER and
Contractor on or after the Effective Date of the Construction Agreement and normally dealing with the non -
engineering or non-technical rather than strictly construction -related aspects of the Contract Documents.
ARTICLE 8 -EXHIBITS AND SPECIAL PROVISIONS
8.01 Exhibits Included
A. Exhibit A, "ENGINEER's Services", consisting of 10 pages.
B. Exhibit B, "Payments to Engineer', consisting of 3 pages.
C. Exhibit C, "Duties, Responsibilities and Limitations of Authority of Resident Project Representative",
consisting of 4 pages.
D. Exhibit D, "Notice of Acceptability of Work", consisting of 2 pages.
8.02 Total Agreement
A. This Agreement (consisting of pages 1 to 16 inclusive, together with the Exhibits identified above)
constitutes the entire agreement between OWNER and ENGINEER and supersedes all prior written or oral
understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly
executed written instrument.
Agreement for Professional Services
Page 15 of 16
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate, the Effective Date of
which is indicated on page 1
OWNER:
City of Lubbock
By: C % ice A' g �
Title: Mayor
Date Signed: December 15, 2010
Address for giving notices:
P.O. Box 2000
Lubbock, Texas 79457-0001
ATTEST
By
ebecca Garza
Ciify Secretary V
APP �1ED AS T C (�fy�T
By V
Assistant Cily Manager
ENGINEER:
Parkhill Smith & Cooper, Inc.
By:
Title: Firm Prin
c
i
pal �h
Date Signed:
Address for giving notices:
422285 th Street
Lubbock, Texas 79423
IN DUPLICATE
Authorized Project Representative (paragraph Designated Representative (paragraph 6.02.A):
6.02.A):
Robert H. (Holly) Holder, P.E.
Catrennia Williamson
Title: Firm Principal
Title: Solid Waste Manager - Disposal
Phone Number: 806-473-3526
Phone Number: 806-757-2151
Facsimile Number: 806-473-3500
Facsimile Number: 806-775-3013
E -Mail Address: hholder(aD-team-psc.com
E -Mail Address: cwilliamsonCa)mail.ci.lubbock.tx.us
Agreement for Professional Services
Page 16 of 16
Resolution No. 2010—RO628
EXHIBIT A
OWNER'S WORK ORDER FOR ENGINEER'S SERVICES
Article 1 of the Agreement is amended and supplemented to include the following agreement of the parties.
For each Work Order, ENGINEER shall provide Basic and Additional Services as set forth below and as
amended and supplemented by each Work Order. Work may include projects or reports for the West Texas
Region Disposal Facility-TCEQ Permit No. 2252 (WTRDF), the old City landfill located west of Lubbock
Preston Smith Airport on North Avenue P — TCEQ Permit No. 0069 (Caliche Canyon), the old unpermitted
landfill at 781h and Orlando Avenue, or at any location requiring solid waste management. Typical work orders
may include but are not limited to projects involving solid waste disposal, trash collection, recycling, household
hazardous waste, solid waste transfer station(s), citizen collection stations, gas to energy projects,
miscellaneous buildings, and other projects necessary to support the operation of the solid waste
management department.
EXHIBIT A - PART 1 -- BASIC SERVICES
A1.00 OWNER'S required services.
Immediate projects programmed to occur at this time are included below. Future projects may be added by
Owner through issuance of Work Order during the period of this contract.
Construction administration for future cell projects at WTRDF and Caliche Canyon.
2. Lining plans, specifications, construction administration and RPR services forfuture cell projects
at WTRDF and Caliche Canyon, including liner report to TCEQ.
3. Design TCEQ approved alternative final cover system including plans, specifications,
construction administration, and RPR services for closure of filled cells at WTRDF.
4. Support City staff as needed with statistical reporting results and remediation reports and
projects for groundwater -monitoring at WTRDF and Caliche Canyon.
5. Future excavation and lining projects at Caliche Canyon and WTRDF, as existing cells fill to
maintain adequate disposal volume.
6. Well head improvements and gas collection system maintenance, specifications and
construction administration at Caliche Canyon and Kingspark at 78th & Quaker.
7. Assist Owner with any engineering services as required to support landfill gas to energy projects.
8. Assist Owner with gas system design at WTRDF.
9. Engineering support as needed for maintaining gas system efficiency at 78th and Orlando.
10. Construction administration for leachate evaporation pond at Caliche Canyon including report
submittal to TCEQ.
11. Support solid waste management by permitting and developing design plans for buildings where
required and new citizen convenience station as needed.
12. Develop, update, modify or expand the stormwater management system as needed.
Page 1 of 10
(Exhibit A) PART 1
13. Review the existing TCEQ approved Site Development Plans and assist the city with long range
planning and budgeting.
14. Assist OWNER with planning, engineering, design, bid and construction phase services for a
new water well (non -potable) at Caliche Canyon.
15. Assist OWNER with any solid waste management projects, reports, permits and/or construction
plans and specifications that will enable the Owner to maintain an efficient, effective solid waste program
for the City of Lubbock at any of the City's designated facilities.
A1.01 Study and Report Phase
A. ENGINEER shall:
Consult with OWNER to define and clarify OWNER's requirements for the Project and available
data.
2. Advise OWNER as to the necessity of OWNER's providing data or services which are not part of
ENGINEER's Basic Services, and assist OWNER in obtaining such data and services.
3. Establish the scope, and advise the OWNER, of any special investigations, field surveys or soil
and foundation investigations which, in the opinion of the ENGINEER, may be required for the proper
execution of the Study and Report Phase; and arrange with the OWNER for the conduct of such
investigations and tests. The performance of these investigations and tests is not a part of the
ENGINEER's Basic Services, and compensation therefor is not included in the Basic Fee; the
investigations and tests may be performed by the ENGINEER, by agreement with the OWNER, in which
case compensation shall be determined by the applicable portions of Exhibit B.
4. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to
approve the portions of the Project designed or specified by ENGINEER, including but not limited to
mitigating measures identified in the environmental assessment.
5. Identify and evaluate alternate solutions available to OWNER and, after consultation with
OWNER, recommend to OWNER those solutions which in ENGINEER's judgment meet OWNER's
requirements for the Project.
6. Prepare a report (the "Report") which will, as appropriate, contain schematic layouts, sketches
and conceptual design criteria with appropriate exhibits to indicate the agreed -to requirements,
considerations involved, and those alternate solutions available to OWNER which ENGINEER
recommends. This Report will be accompanied by ENGINEER's opinion of Total Project Costs for each
solution which is so recommended for the Project with each component separately itemized, including the
following, which will be separately itemized: opinion of probable Construction Cost, allowances for
contingencies and for the estimated total costs of design, professional, and related services provided by
ENGINEER, and other information furnished by OWNER.
7. Furnish five (5) review copies of the Report to OWNER and review it with OWNER.
8. Revise the Report in response to OWNER's and other parties' comments, as appropriate, and
furnish ten (10) final copies of the revised Report to the OWNER.
B. ENGINEER's services under the Study and Report Phase will be considered complete on the date
when the final copies of the revised Report have been reviewed in final form and found acceptable by the
OWNER.
Page 2 of 10
(Exhibit A) PART 1
A1.02 Preliminary Design Phase
A. After acceptance by OWNER of the Report, selection by OWNER of a recommended solution and
indication of any specific modifications or changes in the scope, extent, character, or design requirements of
the Project desired by OWNER, and upon written authorization from OWNER, ENGINEER shall:
1. On the basis of the above acceptance, selection, and authorization, prepare Preliminary Design
Phase documents consisting of final design criteria, preliminary drawings, outline specifications and written
descriptions of the Project.
2. Provide necessary field surveys and topographic and utility mapping for design purposes. Utility
mapping will be based upon information obtained from utility owners. The performance of field surveys is
not a part of the ENGINEER's basic services, and compensation therefore is not included in the Basic Fee;
the surveys may be performed by the ENGINEER, by agreement with the OWNER, in which case the
ENGINEER shall obtain the services of a licensed professional land surveyor. Compensation will be billed
at cost plus 1.10 times the cost for overhead.
3. Establish the scope, and advise the OWNER, of any additional soils or foundation investigations
which, in the opinion of the ENGINEER, may be required for the proper execution of the Project; and
arrange with the OWNER for the conduct of such investigations and tests. The performance of these
investigations and tests is not a part of the ENGINEER's Basic Services, and compensation therefor is not
included in the Basic Fee; the investigations and tests may be performed bythe ENGINEER, by agreement
with the OWNER, in which case compensation shall be determined by the applicable portions of Exhibit B.
4. Advise OWNER if additional reports, data, information, or services are necessary and assist
OWNER in obtaining such reports, data, information, or services.
5. Based on the information contained in the Preliminary Design Phase documents, submit a revised
opinion of probable Construction Cost.
6. Furnish five (5) review copies of the Preliminary Design Phase documents to and review them
with OWNER.
B. ENGINEER's services under the Preliminary Design Phase will be considered complete on the date
when final copies of the Preliminary Design Phase documents have been reviewed in final form and found
acceptable by the OWNER.
A1.03 Final Design Phase
A. After acceptance by OWNER of the Preliminary Design Phase documents and revised opinion of
probable Construction Cost as determined in the Preliminary Design Phase, but subject to any OWNER -
directed modifications or changes in the scope, extent, character, or design requirements of or for the Project,
and upon written authorization from OWNER, ENGINEER shall:
1. On the basis of the above acceptance, direction, and authorization, prepare final Drawings
indicating the scope, extent, and character of the Work to be performed and furnished by Contractor.
2. Provide technical criteria, written descriptions, and design data for OWNER's use in filing
applications for permits from or approvals of governmental authorities having jurisdiction to review or
approve the final design of the Project and assist OWNER in consultations with appropriate authorities.
3. Advise OWNER of any adjustments to the opinion of probable Construction Cost.
Page 3 of 10
(Exhibit A) PART 1
4. Prepare and furnish five (5) sets of Bidding Documents and a revised opinion of probable
Construction Cost for review and approval by OWNER, its legal counsel, and other advisors, as
appropriate, and assist OWNER in the preparation of other related documents.
B. The number of prime contracts for Work designed or specified by ENGINEER upon which the
ENGINEER's compensation has been established under this Agreement is one (1).
C. ENGINEER's services under the Final Design Phase will be considered complete on the date when
the final Bidding Documents have been delivered to have been reviewed in final form and found acceptable by
the OWNER. The delivery of the 70% and 100% set of plans and specifications shall be delivered per the
timeframe established in each work order.
A1.04 Bidding or Negotiating Phase
A. After acceptance by OWNER of the Bidding Documents and the most recent opinion of probable
Construction Cost as determined in the Final Design Phase, and upon written authorization by OWNER to
proceed, ENGINEER shall:
1. Furnish the number of copies of the Plans and Specifications as required by prospective bidders
and furnishers of material and equipment. All sets of plans and specifications are to be paid for separately
under Exhibit B as an Additional Service.
2. Assist OWNER in advertising for and obtaining bids or negotiating proposals for the Work and,
where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued,
attend pre -Bid conferences, if any.
3. Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents.
4. Consult with OWNER as to the acceptability of subcontractors, suppliers, and other individuals
and entities proposed by Contractor for those portions of the Work as to which such acceptability is
required by the Bidding Documents.
5. Attend the Bid opening, prepare Bid tabulation sheets, and assist OWNER in evaluating Bids or
proposals and in assembling and awarding contracts for the Work.
B. The Bidding or Negotiating Phase will be considered complete upon commencement of the
Construction Phase or upon cessation of negotiations with prospective Contractors.
A1.05 Construction Phase
A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization
from OWNER, ENGINEER shall:
1. General Administration of Construction Contract. Consult with OWNER and act as OWNER's
representative as provided in the General Conditions. The extent and limitations of the duties,
responsibilities and authority of ENGINEER as assigned in said General Conditions shall not be modified,
except as ENGINEER may otherwise agree in writing. All of OWNER's instructions to Contractor will be
issued through ENGINEER, who shall have authority to act on behalf of OWNER in dealings with
Contractor to the extent provided in this Agreement and said General Conditions except as otherwise
provided in writing.
2. Resident Project Representative (RPR). Provide the services of an RPR at the Site to assist the
ENGINEER and to provide more extensive observation of Contractor's work. Duties, responsibilities, and
authority of the RPR are as set forth in Exhibit C. The furnishing of such RPR's services will not extend
ENGINEER's responsibilities or authority beyond the specific 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
Page 4 of 10
(Exhibit A) PART 1
ENGINEER, by agreement with the OWNER, in which case compensation shall be determined by
applicable portions of Exhibit B.
3. Selecting Independent Testing Laboratory. Assist OWNER in the selection of an independent
testing laboratory(s). 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. The cost will be billed at actual cost
plus 1.10 of actual cost for overhead.
4. Pre -Construction Conference. Conduct a Pre -Construction Conference prior to commencement
of Work at the Site.
5. Baselines and Benchmarks. As appropriate, establish baselines and benchmarks for locating the
Work which in ENGINEER's judgment are necessaryto 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. The cost will be billed at actual cost plus 1.10 of actual cost for overhead.
6. Visits to Site and Observation of Construction, In connection with observations of Contractor's
work in progress while it is in progress:
a. Make visits to the Site at intervals appropriate to the various stages of construction, as
ENGINEER deems necessary, in order to observe as an experienced and qualified design
professional the progress and quality of the Work. Such visits and observations by ENGINEER, and
the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every
aspect of Contractor's work in progress or to involve detailed inspections of Contractor's work in
progress beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the
Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar
methods of general observation of the Work based on ENGINEER's exercise of professional
judgment as assisted by the Resident Project Representative, if any. Based on information obtained
during such visits and such observations, ENGINEER will determine in general if Contractor's work is
proceeding in accordance with the Contract Documents, and ENGINEER shall keep OWNER
informed of the progress of the Work.
b. ENGINEER shall not, during such visits oras a result of such observations of Contractor's
work in progress, supervise, direct, or have control over Contractor's work, nor shall ENGINEER have
authority over or responsibility for the means, methods, techniques, sequences, or procedures of
construction selected by Contractor, for safety precautions and programs incident to Contractor's
work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's
furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the performance of
any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work
in accordance with the Contract Documents.
7. Defective Work. Advise Owner of defective Work and recommend to OWNER that Contractor's
work be disapproved and rejected while it is in progress if, on the basis of such observations, ENGINEER
believes that such work will not produce a completed Project that conforms generally to the Contract
Documents or that it will prejudice the integrity of the design concept of the completed Project as a
functioning whole as indicated in the Contract Documents.
8. Clarifications and Interpretations; Field Orders. Issue necessary clarifications and interpretations
of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such
clarifications and interpretations will be consistent with the intent of and reasonably inferable from the
Contract Documents. ENGINEER may issue Field Orders authorizing minor variations from the
requirements of the Contract Documents.
Page 5 of 10
(Exhibit A) PART 1
9. Change orders and Work Change Directives. Recommend Change Orders and Work Change
Directives to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as
required.
10. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to
Shop Drawings and Samples and other data which Contractor is required to submit, but only for
conformance with the information given in the Contract Documents and compatibility with the design
concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such
reviews and approvals or other action will not extend to means, methods, techniques, sequences or
procedures of construction or to safety, precautions and programs incident thereto.
11. Substitutes and "or -equal." Evaluate and determine the acceptability of substitute or "or -equal"
materials and equipment proposed by Contractor.
12. Inspections and Tests. Require such special inspections or tests of Contractor's work as deemed
reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required
by Laws and Regulations or the Contract Documents. ENGINEER's review of such certificates will be for
the purpose of determining that the results certified indicate compliance with the Contract Documents.
13. Disagreements between OWNER and Contractor. Render formal written decisions on all claims
of OWNER and Contractor relating to the acceptability of Contractor's work or the interpretation of the
requirements of the Contract Documents pertaining to the execution and progress of Contractor's work. In
rendering such decisions, ENGINEER shall be fair and not show partiality to OWNER or Contractor and
shall not be liable in connection with any decision rendered in good faith in such capacity.
14. Applications for Payment Based on ENGINEER's observations as an experienced and qualified
design professional and on review of Applications for Payment and accompanying supporting
documentation:
a. Determine the amounts that ENGINEER recommends Contractor be paid. Such
recommendations of payment will be in writing and will constitute ENGINEER's representation to
OWNER, based on such observations and review, that, to the best of ENGINEER's knowledge,
information and belief, Contractor's work has progressed to the point indicated, the quality of such
work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as
a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests
called for in the Contract Documents and to any other qualifications stated in the recommendation),
and the conditions precedent to Contractor's being entitled to such payment appear to have been
fulfilled in so far as it is ENGINEER's responsibility to observe Contractor's work. In the case of unit
price work, ENGINEER's recommendations of payment will include final determinations of quantities
and classifications of Contractor's work (subject to any subsequent adjustments allowed by the
Contract Documents).
15. Contractor's Completion Documents.
a. Receive and review maintenance and operating instructions, schedules, and guarantees.
b. Receive bonds, certificates, or other evidence of insurance not previously submitted and
required by the Contract Documents, certificates of inspection, tests and approvals, shop drawings,
samples, annotated record drawings, and other data which are to be assembled by Contractor in
accordance with the Contract Documents to obtain final payment.
c. ENGINEER shall transmit these documents to OWNER.
16. Substantial Completion. Promptly after notice from Contractor that Contractor considers the
entire Work readyfor its intended use, in companywith OWNER and Contractor, conduct an inspection to
determine if the Work is Substantially Complete. For projects involving TCEQ approval, such as lining
Page 6 of 10
(Exhibit A) PART 1
systems or permit amendments, etc., substantial completion will be issued only after such TCEQ approval
has been received by the OWNER. If after considering any objections of OWNER, ENGINEER considers
the Work Substantially Complete, ENGINEER shall deliver a certificate of Substantial Completion to
OWNER and Contractor.
17. Additional Tasks. Perform or provide additional Construction Phase tasks or deliverables as
directed by OWNER and payable as outlined in Exhibit B.
18. 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.
B. Duration of Construction Phase. The Construction Phase will commence with the execution of the
first Construction Agreement for the Project or any part thereof and will terminate upon written
recommendation by ENGINEER for final payment to Contractors. If the Project involves more than one prime
contract, Construction Phase services may be rendered at different times in respect to the separate contracts.
C. Limitation of Responsibilities. ENGINEER shall not be responsible for the acts or omissions of any
Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or
furnishing any of the Work. ENGINEER shall not be responsible for failure of any Contractor to perform or
furnish the Work in accordance with the Contract Documents.
A1.06 Record Drawings
The ENGINEER will provide to the OWNER a complete, reproducible, set of Record Drawings within 90 days
of final completion of construction phases. The Record Drawings will be sealed and signed by a licensed
professional Engineer in the State of Texas.
Page 7 of 10
(Exhibit A) PART 1
EXHIBIT A - PART 2 -- ADDITIONAL SERVICES
A2.01 Additional Services Requiring OWNER's Authorization in Advance provide ENGINEERING
Consultation Services for the West Texas Region Disposal Facility, Caliche Canyon Landfill, 7e and Orlando
landfill, and any other site as deemed necessary by Owner.
A. If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services
of the types listed below. These services will be paid for by OWNER as indicated in Article 4 of the
Agreement.
1. Providing design and/or construction surveys and staking to enable ENGINEER to perform its
services and Contractor to perform his work, and any type of property surveys or related engineering
services needed for the transfer of interests in real property; and providing other special field surveys.
2. Services of a Resident Project Representative and other field personnel, as required, for on -the -
site observation of construction and for construction layout surveys.
3. Soil and foundation investigations, including field and laboratory tests, borings, related
engineering analysis and recommendations.
4. Post -Construction Phase. The Post -Construction Phase includes, providing assistance in
connection with the testing and adjusting of Project equipment or systems; Assisting OWNER in training
OWNER's staff to operate and maintain Project, equipment, and systems; Assisting OWNER in developing
procedures for control of the operation and maintenance of, and record keeping for Project equipment and
systems; visiting the Project with the OWNER to observe any apparent defects in the Work, assist OWNER
in consultations and discussions with Contractor concerning correction of any such defects, and make
recommendations as to replacement or correction of Defective Work, if present; and in company with
OW NER or OWNER's representative, provide an inspection of the Project within one month before the end
of the Correction Period to ascertain whether any portion of the Work is subject to correction.
5. Preparation of applications and supporting documents (in addition to those furnished under Basic
Services) for private or governmental grants, loans or advances in connection with the Project; preparation
or review of environmental assessments and impact statements; review and evaluation of the effects on
the design requirements for the Project of any such statements and documents prepared by others; and
assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental
impact of the Project.
6. Services to make measured drawings of or to investigate existing conditions or facilities, or to
verify the accuracy of drawings or other information furnished by OWNER.
7. Services resulting from significant changes in the scope, extent, or character of the portions of the
Project designed or specified by ENGINEER or its design requirements including, but not limited to,
changes in size, complexity, OWNER's schedule, character of construction, or method of financing; and
revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such
revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date of
this Agreement or are due to any other causes beyond ENGINEER's control.
8. Services resulting from OWNER's request to evaluate additional Study and Report Phase
alternative solutions beyond those identified.
9. Services required as a result of OWNER's providing incomplete or incorrect Project information.
10. Providing renderings or models for OWNER's use.
Page 8 of 10
(Exhibit A) PART 2
11. Undertaking investigations and studies including, but not limited to, detailed consideration of
operations, maintenance, and overhead expenses; the preparation of feasibility studies, cash flow and
economic evaluations, rate schedules, and appraisals; assistance in obtaining financing for the Project;
evaluating processes available for licensing, and assisting OWNER in obtaining process licensing; detailed
quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with
construction performed by OWNER.
12. Furnishing services of ENGINEER's Consultants for other than Basic Services.
13. Services during out-of-town travel required of ENGINEER other than for visits to the Site or
OWNER's office.
14. Preparing for, coordinating with, participating in and responding to structured independent review
processes, including, but not limited to, construction management, cost estimating, project peer review,
value engineering, and constructibility review requested by OWNER; and performing or furnishing services
required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of
such review processes.
15. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices
requested by OWNER for the Work or a portion thereof.
16. Determining the acceptability of substitute materials and equipment proposed during the Bidding
or Negotiating Phase when substitution prior to the award of contracts is allowed by the Bidding
Documents. Applies to pre -qualification of bidders if not originally planned in initial Work Order.
17. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction,
materials, equipment, or services.
18. Providing Construction Phase services beyond the Contract Times set forth in Exhibit B.
19. Providing assistance in resolving any Hazardous Environmental Condition in compliance with
current Laws and Regulations.
20. Preparation of operation and maintenance manuals.
21. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or
other dispute resolution process related to the Project.
22. Providing more extensive services required to enable ENGINEER to issue notices or certifications
requested by OWNER.
23. Services in connection with Work Change Directives and Change Orders to reflect changes
requested by OWNER so as to make the compensation commensurate with the extent of the Additional
Services rendered.
24. Services in making revisions to Drawings and Specifications occasioned by the acceptance of
substitute materials or equipment other than "or -equal" items; and services after the award of the
Construction Agreement in evaluating and determining the acceptability of a substitution which is found to
be inappropriate for the Project or an excessive number of substitutions.
25. Services resulting from significant delays, changes, or price increases occurring as a direct or
indirect result of materials, equipment, or energy shortages.
Page 9 of 10
(Exhibit A) PART 2
26. Additional or extended services during construction made necessary by (1) emergencies or acts
of God endangering the Work, (2) an occurrence of a Hazardous Environmental Condition, (3) Work
damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or
delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal
working hours, or (6) default by Contractor.
27. Services in connection with any partial utilization of any part of the Work by OWNER prior to
Substantial Completion.
28. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or
others in connection with the Work.
29. Other services performed or furnished by ENGINEER not otherwise provided for in this
Agreement.
30. Reimbursable expenses associated with providing additional services.
Page 10 of 10
(Exhibit A) PART 2
Resolution No. 2010—RO628
EXHIBIT B
PAYMENTS TO ENGINEER
Article 4 of the Agreement is amended and supplemented to include the following agreement of the
parties:
ARTICLE 4 -- PAYMENTS TO THE ENGINEER --
B4.01 For Basic Services Having A Determined Scope that generally represent construction projects
with construction costs $100,000 and less, or revisions to the site TCEQ permit on other permits deemed
necessary by the Work Order -- Standard Hourly Rates Method of Payment
A. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit A -Part 1, as follows:
1. An amount equal to the cumulative hours charged to the Project by each class of
ENGINEER's employees times Standard Hourly Rates for each applicable billing class for all services
performed on the Project, plus Direct Expenses and ENGINEER's Consultant's charges, if any.
2. ENGINEER's Standard Hourly Rates are attached to this Exhibit B as Appendix 1.
3. The total compensation for services under paragraph 84.01 is not to exceed the amount
defined in the Work Order unless specifically approved in writing by OWNER in advance.
4. The amounts billed for ENGINEER's services will be based on the cumulative hours charged
to the Project during the billing period by each class of ENGINEER's employees times Standard
Hourly Rates for each applicable billing class, plus Reimbursable Expenses and ENGINEER's
Consultant's charges.
5. The total estimated compensation for ENGINEER's services incorporates all labor, overhead,
profit, Direct Expenses and ENGINEER's Consultant's charges.
6. The amounts billed for ENGINEER's services will be based on the cumulative hours charged
to the Project during the billing period by each class of ENGINEER's employees times Hourly Rates
for each applicable billing class, plus Direct Expenses at cost times a factor of 1.10.
7. The Hourly Rates Schedule is projected through December 31, 2013. Contract rates are
attached to this Exhibit B as Appendix 1.
8. The Hourly Rates Method of Payment is conditioned on Construction Contract Times to
complete the Work not exceeding the number of months outlined in the approved Work Order. Should
the Construction Contract Times to complete the Work be extended beyond this period, the total
compensation to ENGINEER shall be appropriately adjusted.
9. If more prime contracts are awarded for Work designed or specified by ENGINEER for this
Project than identified in Exhibit A - Part 1, the ENGINEER shall be compensated an additional
amount equal to $ for all Basic Services for each prime contract added.
*To be negotiated if required.
Page 1 of 3
(Exhibit B)
B4.02 For Basic Services Having A Determined Scope and for Construction Projects that exceed
$100,000 in cost --Lump Sum Method of Payment
A. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit A -Part 1, as follows:
1. A Lump Sum amount and distribution of compensation as defined by approved Work Orders:
2. The Lump Sum includes compensation for ENGINEER's services and services of
ENGINEER's Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to
account for labor, overhead, profit, and Direct Expenses.
3. The portion of the Lump Sum amount billed for ENGINEER's services will be based upon
ENGINEER's estimate of the proportion of the total services actually completed during the billing
period to the Lump Sum.
4. The Lump Sum is conditioned on Construction Contract Times to complete the Work not
exceeding the number of months outlined in the approved Work Order. Should the Construction
Contract Times to complete the Work be extended beyond this period, the total compensation to
ENGINEER shall be appropriately adjusted.
B4.03 For Authorized Additional Services --Standard Hourly Rates Method of Payment.
A. OWNER shall pay ENGINEER for authorized Additional Services set forth in Exhibit A - Part 2 as
follows:
1. For labor on an hourly rate basis in accordance with Exhibit B Appendix 1.
2. For reimbursable expenses, on the basis of cost times a factor ofl .10.
3. ENGINEER's consultant charges at cost times a factor of 1.10.
B. The Hourly Rates Schedule will be in effect until midnight December 31, 2013.
Page 2of3
(Exhibit B)
APPENDIX 1
PARKHILL, SMITH & COOPER, INC.
HOURLY RATE SCHEDULE
CURRENT THROUGH DECEMBER 31, 2013
PROFESSIONAL LEVEL VII....................................................................... 180.00
Engineer VI I
Architect VIII
Landscape Architect VIII
PROFESSIONAL LEVEL VI........................................................................ 152.00
Engineer VI
Architect VII
Landscape Architect VII
PROFESSIONAL LEVEL V......................................................................... 136.00
Engineer V
Architect VI
Landscape Architect VI
PROFESSIONAL LEVEL IV........................................................................ 118.00
Engineer IV
Architect V
Landscape Architect V
PROFESSIONAL LEVEL III.......................................................................... 99.00
Engineer III
Architect IV
Interior Designer V
Engineering Technologist IV
Resident Project Representative IV
Landscape Architect IV
PROFESSIONAL LEVEL II........................................................................... 88.00
Engineer 1/11
Architect III
Interior Designer IV
Engineering Technologist III
Resident Project Representative III
Landscape Architect III
PROFESSIONAL LEVEL I............................................................................ 80.00
Intern (Architect) 1/II
Interior Designer III
Intern (Interiors) 11
Engineering Technologist 1/11
Resident Project Representative 1/11
CADD Manager V
SUPPORT STAFF III.................................................................................... 77.00
Engineering Technician III/IV
CADD IV
Administrative Secretary III
SUPPORT STAFF II..................................................................................... 70.00
Accounting Clerk
CADD
Clerical
Engineering Technician 1/11
Administrative Secretary I / II
SUPPORTSTAFF I...................................................................................... 40.00
Accounting Clerk Trainee
CADD Trainee
Clerical Trainee
Page 3 of 3
(Exhibit B)
Resolution No. 2010—RO628
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:
C1.01 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 otherfield 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.
c. Assist in obtaining from OWNER additional details or information, when required for proper
execution of the Work.
Page 1 of 4 Pages
(Exhibit C)
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.
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.
Page 2 of 4 Pages
(Exhibit C)
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.
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 afinal 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.
Page 3 of 4 Pages
(Exhibit C)
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.
B. Authorize OWNER to occupy the Project in whole or in part.
Page 4 of 4 Pages
(Exhibit C)
Resolution No. 2010-RO628
EXHIBIT D
NOTICE OF ACCEPTABILITY OF WORK
PROJECT:
OWNER:
OWNER=s Construction Contract Identification:
EFFECTIVE DATE OF THE CONSTRUCTION AGREEMENT:
CONSTRUCTION CONTRACT DATE:
ENGINEER:
To: OWNER
And To: CONTRACTOR
The undersigned hereby gives notice to the above OWNER and CONTRACTOR that the completed
Work furnished and performed by CONTRACTOR under the above Contract is acceptable, expressly subject
to the provisions of the related Contract Documents and the terms and conditions set forth on the reverse side
hereof.
By:
Title:
Dated:
Page 1 of 2 Pages
(Exhibit D)
(Reverse side of Notice)
CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK
The Notice of Acceptability of Work ("Notice") on the front side of this sheet is expressly made subject to the
following terms and conditions to which all persons who receive said Notice and rely thereon agree:
1. Said Notice is given with the skill and care ordinarily used by members of the engineering profession
practicing under similar conditions at the same time and in the same locality.
2. Said Notice reflects and is an expression of the professional judgment of ENGINEER.
3. Said Notice is given as to the best of ENGINEER's knowledge, information, and belief as of the date
hereof.
4. Said Notice is based entirely on and expressly limited by the scope of services ENGINEER has been
employed by OW NER to perform or furnish during construction of the Project (including observation of
the CONTRACTOR's work) under ENGINEER's Agreement with OWNER and underthe Construction
Contract referenced on the reverse hereof, and applies only to facts that are within ENGINEER's
knowledge or could reasonably have been ascertained by ENGINEER as a result of carrying out the
responsibilities specifically assigned to ENGINEER under ENGINEER's Agreement with OWNER and
the Construction Contract referenced on the reverse hereof.
5. Said Notice is not a guarantee or warranty of CONTRACTOR's performance under the Construction
Contract referenced on the reverse hereof nor an assumption of responsibility for any failure of
CONTRACTOR to furnish and perform the Work thereunder in accordance with the Contract
Documents.
Page 2 of 2 Pages
(Exhibit D)