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HomeMy WebLinkAboutResolution - 1650 - Contract - Hicks & Ragland -Telecom System, Municipal Complex - 04_12_1984RESOLUTION 1650 - 4/12/84 Q� N. JCR:da RFSnI 1ITT nm BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Special Services Contract between the City of Lubbock and Hicks & Ragland Engineer- ing Co., Inc. for engineering services, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of ATTEST: � �, e, � J_ _" e_ �� � � Evelyn Gaf ga, City Set-rdt Treasurer APPROVED AS ONTENT: Bill/'Payne, Director of Administrative Services APPROVED AS TO FORM: n C. Ross, Jr., City SPECIAL SERVICES CONTRACT CITY OF LUBBOCK MUNICIPAL COMPLEX JCR:cl CONTRACT BETWEEN THE CITY OF LUBBOCK AND HICKS AND RAGLAND ENGINEERING COMPANY FOR PROFESSIONAL SERVICES THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT entered into on this the 12th day of April, 1984 by and between the City of Lubbock, a home rule municipal corporation (hereinafter referred to as "Owner") and Hicks and Ragland Engineering Co., Inc. (hereinafter referred to as "Engineer"), WITNESSETH: WHEREAS, Engineer has previously been retained to undertake communication studies for the City of Lubbock, and WHEREAS, Engineer has recommended to the City that it construct its own communication facilities between Municipal Buildings, and WHEREAS, the City finds that this is the most viable and economic method to provide communication services between City facilities, and WHEREAS, the City finds that it is necessary to employ the Engineer to oversee the overall engineering implementation of such facilities, NOW THEREFORE, Owner and Engineer do hereby mutually agree as follows: 1. GENERAL PURPOSE. Engineer shall render diligent and competent engineering services described in paragraph 2 of this Agreement upon the terms and conditions herein stated. 2. SCOPE OF SERVICES. The Engineer will perform those services set forth in Exhibits A, B and C, attached hereto and made a part of this Agreement for all purposes in a competent and expeditious manner. 3. COMPENSATION. The Owner shall pay the Engineer for services performed hereunder, a sum equal to time rates of the Engineer, plus expenses, which sum shall be due and payable ten (10) days after approval by the Owner of the services performed hereunder and the invoice of the Engineer therefore, including the detailed breakdown of the cost by services performed. The time rates for Engineer are attached hereto as Exhibit D and made a part of this Agreement for all purposes. Engineering expenses are set forth on Exhibit E attached hereto and made a part of this Agreement for all purposes. Notwithstanding anything set forth herein above, Engineer agrees that the maximum engineering fees for engineering services rendered hereunder shall not exceed the amounts specified in the attached Exhibits A, B and C. -2- 4. METHOD OF PAYMENT. Engineer agrees that it shall bill Owner on a monthly basis tendering to Owner an itemized statement of all professional services performed together with an itemized statement of all expenses incurred by Engineer. 5. RECORD OF TIME AND SERVICES RENDERED. Engineer shall maintain and keep accurate records on an hourly basis of all time and services rendered by Engineer under this Agreement. Engineer upon request shall furnish copies of all such records to Owner for Owners review. 6. OWNERSHIP OF DOCUMENTS. It is agreed between the parties hereto that all drawings, designs, specifications and other incidental engineering work or materials, furnished by the Engineer under this Agreement shall be and remain the property of Owner. 7. APPROVAL OF OWNER. Engineer agrees that all services to be rendered by Engineer hereunder shall be subject to the approval of the Owner. S. INDEPENDENT CONTRACTOR. Nothing contained herein shall be construed as creating the relationship of employer and employee between Owner and Engineer, and Engineer shall be deemed at all times to be an independent contractor. 9. INDEMNIFICATION. The Owner shall not be subject to any obligations or liabilities of the Engineer incurred in the performance of this Contract. The Engineer expressly agrees to indemnify and hold harmless the Owner for any and all liabilities -3- and obligations incurred in connection with this Contract due to the negligence of the Engineer, his employees, officers, agents or appointees. 10. INSURANCE. The Engineer agrees to take out and maintain during the term of this Contract the following insurance coverages: A. Workmen's Compensation Insurance as required by the State of Texas covering all employees of Engineer who perform work under this Agreement. B. Public Liability Insurance covering all operations under this Contract and specifically providing coverage for bodily injury or death in amounts of not less than $100,000.00 per person and $300,000.00 per occurrence. Said policy shall further provide coverage for property damage in an aggregate amount of not less than $50,000.00 for accidents during the term of this Agreement. C. Automobile Liability Insurance on all motor vehicles used in connection with this Contract by Engineer whether owned, not owned, or hired, and the limits for bodily injury or death shall not be less that $100,000.00 per person and $300,000.00 per accident. Said policy shall further provide property damage coverage in the amount of not less that $25,000.00 for each accident. -4- Engineer agrees to provide Owner with a Certificate of Insurance confirming insurance coverage as above set forth prior to commencing work under this Agreement. 11. ENGINEERING ASSURANCES. Engineer warrants that its principal assigned to perform engineering services under this Agreement shall comply with all applicable statutes pertaining to engineering services and further warrants that the principal possesses License Number 41663 issued to him by the State of Texas on June 30, 1977. 12. QUALIFIED PERSONNEL. The obligations and duties to be performed by the Engineer under this Agreement shall be performed by persons qualified to perform such duties efficiently. The Engineer, if the Owner so directs, shall replace any engineer or other person employed by the Engineer in connection with the work. 13. LOCATION OF PERFORMANCE. The services to be performed by Engineer under this Agreement shall be performed in the City of Lubbock, County of Lubbock, State of Texas. 14. PERIOD OF CONTRACT. This Contract shall take effect upon the day first above written and shall terminate upon Owner receiving the final bill for services rendered by Engineer. It is further agreed and understood by the parties hereto that either party to this Agreement may terminate this Contract by giving thirty (30) days written notice to the other party of its intention to do so. -5- 15. LAW GOVERNING CONTRACT. For the purpose of determining the place of Contract and the law governing same, this Contract is entered into in the City and County of Lubbock, State of Texas and shall be governed by the laws of the State of Texas. 16. ASSIGNMENT. The obligations of the Engineer under this Agreement shall not be assigned without the prior written approval of Owner. 17. ENTIRE AGREEMENT. This Contract constitutes and expresses the entire Agreement between the parties and shall not be amended or modified except by written instrument signed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed. ATTEST: Evelyn Ga fga, City Secr ary "`ATTEST ssistant Secretary s1m C I T OWN BY: HICKS & GLAND ENGINEERING COMPANY NC. IN ER BY: ID E. SHARBUTT, P.E. VICE-PRESIDENT & GEN. MGR. UNDERGOUND CONSTRUCTION SUMMARY OF MAXIMUM FEES BY ATTACHMENT EXHIBIT A - Outside Plant Staking Services $5,200.00 EXHIBIT B - Outside Plant Plans and Specifications and Contracts. 9,600.00 EXHIBIT C - Outside Plant Construction; Project Direction, Inspection and Contract Closeout. 6,200.00 EXHIBIT D - Time Rates EXHIBIT E - Table 1 - Form 217 1 EXHIBIT A OUTSIDE PLANT STAKING SERVICES Section 1. REVIEW OF REQUIREMENTS. Prior to the commencement of staking, the Engineer shall review with the City the current requirements of the Project in respect to Outside Plant Staking. At this review, decisions will be reached relative to rights - of -way and design status. Section 2. STAKING. A. Definition. Staking is defined as the laying out of communication facilities to be constructed. Staking for underground plant will include the laying out of the location of the conduit system, construction corridor indicating all pertinent con- struction information and placing stakes as required to locate the construction area. B. Construction Sheets. The Engineer shall cause con- struction sheets staking sheets) to be prepared or maintained in standard form to serve as the means by which directions are given for the construction of the Project; as the permanent plant record of the City's facilities as built; and to identify adequately the geographical location of the facilities. The Engineer shall enter thereon all pertinent and useful infor- mation and directions concerning the construction of the Project, including, without limitations, including depths for installing underground facilities. Copies of construction sheets (staking sheets) will be made available to all prospective bidders in advance of the pre -bid conference. For contract construction, five counterparts of the staking sheets shall be supplied by the Engineer to the Contractor for construction use and two copies shall be supplied to the City. When revisions in staking are necessary, the Engineer shall issue copies of the corrected staking sheets to reflect such revisions in the information or directions previously incorporated thereon. C. Other Underground Utilities. In connection with staking, the Engineer shall attempt to obtain infor- mation from other utilities regarding other underground facilities. This information will be shown on the Construction Sheets. In certain circumstances, the location of other facilities may require that the proposed underground plant will have to be rerouted. New construction will be prepared for the new route. Section 3. COMPENSATION. The Owner shall pay the Engineer for services performed pursuant to this attachment as follows: A. Staking Fee. For all services in connection with the staking of the Project lines: The sum of five hundred dollars ($500.00) per kilofoot of new joint use lines. B. Length of Lines. The length of the Project lines shall be determined by taking the sum of all distances between terminal points for underground cable and buried cable or conductor, and new service entrances added as part of the Project and all distances between pole stakes or from center to center of poles carrying aerial conductor or cable, including joint use poles, plus the vertical distances parallel to vertical cable runs for aerial cable installations. C. Time and Expenses. For all services performed in this Attachment in connection with Sections 1 and 2C, the City shall pay the Engineer "Time and Expense" compen- sation as defined in the current fees Table 1 of this Agreement. D. Maximum Fee. The maximum fee for all services per- formed per this attachment shall be $5,200.00. EXHIBIT B OUTSIDE PLANT PLANS AND SPECIFICATIONS AND CONTRACTS Section 1. REVIEW OF REQUIREMENTS. The Engineer shall use the Design and information as the basis for the preparation of the Plans and Specifications. Prior to the beginning of the prepa- ration of the Plans and Specifications, the Engineer shall review with the City all data furnished to determine the most recent requirements for facilities to be included in the Plans and Specifications, and shall use such review for final determination of the scope of facilities to be included in the Plans and Specifications. Section 2. MAP TRACINGS AND OTHER DATA. Prior to and during the preparation of the Plans and Specifications by the Engineer, the City, if it has not previously done so pursuant to other pro- visions of this Agreement, shall furnish to the Engineer any of the following items needed by the Engineer. A. Up-to-date tracings of the maps of the area of the proposed construction. B. Current information as to the location and extent of electric lines available for joint use, including as -built construction data on those lines. Section 3. OUTSIDE PLANT PLANS AND SPECIFICATIONAND CONTRACTS. A. Plans and Specifications. The Engineer shall, to the extent not previously prepared pursuant to other provisions of this agreement, prepare and review with the Owner complete and detailed Plans and Specifi- cations, drawings, maps and other documents required for the construction of the outside plant facilities to be included as a part of the Project. During the preparation of the Plans and Specifications, the Engineer shall make such changes in the Plans and Specifications as may be required by the Owner as a condition of approval by the Owner. B. Contents. The Plans and Specifications for Outside Plant shall include the following: 1. One copy of the map(s), when a tracing(s) is furnished by the Owner, on which there shall be indicated the location of lines to be construct- ed. 2. Complete drawings of each type of unit of con- struction and specification, covering the con- struction and the materials to be used. 3. An estimate of the quantities of the various units of construction. 4. The Engineer shall secure field data necessary for the proper design and construction of underground facilities (including plan and profile data, if required, and detail construction drawings, including cable to be installed), and shall proceed with the preparation of detailed Plans and Specifications for the construction of such facilities. Such drawings and specifications, shall be made part of the construction Plans and Specifications. 5. The form of the contract or contracts (hereinafter called Construction Contracts) to be entered into between a contractor and the City for the con- struction of the outside plant, including forms of notice and instructions to bidders, contractor's proposal, materials and construction specifi- cations, contractor's bond, description of assembly units and construction drawings. C. Contracts. 1. Upon receipt of notice by the Engineer from the City of the approval of the Plans and Specifi- cations, the Engineer shall, unless otherwise instructed by the City, proceed to take all appropriate and necessary action to procure full, free, and competitive bidding for the award of Construction Contracts. 2. Notices to Bidders shall be sent to at least six (6) contractors interested in such work, inviting bidders to request bid documents to be used in bidding on the Construction and the names of those notified shall be forwarded to the City at the time such notices are sent. The Engineer shall prepare and furnish to bidders the appropriate bid documents including construction sheets, and the Plans and Specifications. 3. The Engineer shall conduct a Pre -Bid Conference and shall be available to each prospective bidder for consultation with respect to the details of the Plans and Specifications and all other matters pertaining to the preparation of the proposals for the construction, or the supply of materials and equipment or services therefor. The Engineer shall attend and supervise all openings of bids for the furnishing of materials and equipment or services therefor. In the event that bids are received from less than three (3) qualified bidders, the bids shall remain unopened. If directed by the City, the Engineer shall proceed in respect of the re -bidding, in the manner provided for herein for the initial bidding. The Engineer shall carefully check the detailed assembly unit prices and summary of all bids received and shall render to the City all such assistance as shall be required in connection with consideration of the bids received so that contracts may be prudently and properly awarded. The Engineer shall submit in writing to the City his choice of bidders, or, if his analysis of bids indicates that no bid is satisfactory because of prices or other conditions he shall recommend to the City that all bids be rejected, giving his reasons therefore. Upon receipt of notice from the City of approval of the award of the contract, the Engineer shall prepare three (3) counterparts of the Construction Contract to be executed by the City and the successful bidder (hereinafter called the "Contractor"). Section 4. COMPENSATION. A. The Owner shall pay the Engineer for services performed pursuant to this Attachment as follows: The sum of five thousand dollars ($5,000.00) for each complete master set of Plans and Specifications. The compensation payable under this subsection A shall be due and payable ten (10) days after the approval of the Plans and Specifications or approved amendments by the City. B. The Owner shall pay the Engineer for services: In connection with the conducting of the Pre -Bid Conference, and for re -bidding, Subsection 3.C.3. of this Attachment, "Time and Expense" Compensation as defined in the current fees Table of this Agreement. C. Maximum Fee: The maximum fee for all services per- formed per this Attachment shall be $9,600.00. EXHIBIT C OUTSIDE PLANT CONSTRUCTION - PROJECT DIRECTION, INSPECTION, TESTING AND CONTRACT CLOSE OUT Section 1. CONSTRUCTION PHASE. A. General. As engineering representative of the City, and in accordance with sound and accepted engineering practices, the Engineer shall provide overall project direction, coordination and inspection activities, and shall make diligent effort to secure for the City the expeditious and economical construction of the Project in accordance with the approved Plans and Specifi- cations, and the terms of the Construction Contract; and shall have and exercise sole responsibility for the issuance of supplemental directives to the Contractor regarding the Contractor's performance in accordance with the terms of the Construction Contract as approved by the Owner. In fulfilling the above responsibility, the Engineer shall as necessary; 1. Interpret the Plans and Specifications, issue such directives to the Contractor, and impose such restrictions on the Contractor as may be necessary to obtain compliance by the Contractor with the terms of the Construction Contract, including the Plans and Specifications. 2. Observe and inspect the progress of, and quality of construction, in sufficient detail to provide reasonable assurance to the Engineer of the adequacy of such progress, and quality of con- struction, pursuant to the requirements of the Plans and Specifications and Contract Documents. 3. Confirm the acceptability of all materials proposed by the Contractor(s) to be utilized in the construction of the Project, prior to the incorporation of such materials in the Project, and promptly reject materials not in compliance with the Plans and Specifications. 4. Monitor and inspect the manner of incorporation and the workmanship with which materials are incorporated and reject materials, and workmanship which the Engineer determines will not be in compliance with the Plans and Specifications. Such inspection shall be deemed to be adequate if a reasonable percentage of all routine construc- tion units (other than units requiring detailed inspection) are inspected at the time of instal- lation and found free of error. 5. The obligations of the Engineer hereunder run to and are for the benefit of only the City and shall not relieve the Contractor of any of its own responsibility under its Contract with the City. The Engineer shall not be required to exercise any actual control over employees of the Contractor nor shall any directives issued to the Contractor by the Engineer confer upon the Engineer respon- sibility for the Contractor's construction means, methods or techniques. B. Resident Engineer. A competent Resident Engineer with full authority to act for the Engineer shall be maintained by the Engineer at the site of the Project at all times during the entire period of scheduled construction (including times when corrective work is being performed) unless specifically directed otherwise by the City in writing. C. Pre -Construction Conference. A competent represen- tative from the office of the Engineer, and the Resident Engineer to be assigned to the Project, shall conduct the Outside Plant Pre -Construction Conference. The notes taken on items discussed, and detailed, shall be printed by the Engineer, and furnished to all Parties. Such notes shall be used by the Resident Engineer, as applicable, in interpreting the Plans and Specifications pursuant to Section 1.A.a, above. D. Tests. The Engineer shall conduct, or cause to be conducted, tests of circuits as required to verify satisfactory performance by the Contractor in accor- dance with the outside plant contract. The Engineer shall furnish test equipment as required for performing all required tests or measurements. The tests to be made on this Project are; 1. Conductor Continuity 2. Conductor Insulation Resistance 3.. Cable Capacitance Section 2. PLANT RECORDS. A. After Cutover. The Engineer shall deliver to the City within ten 10) days after cutover of facilities included in the Project, the final tracings or master original of the following plant records covering such Project. 1. Final maps, showing "as constructed", or "as modified" facilities completed in the Project area. 2. Final complete and detailed staking sheets, showing "as constructed" facilities. Section 3. COMPENSATION. A. The Owner shall pay the Engineer for all services performed pursuant to Sections 1 and 2 of this Attach- ment, "Time & Expense & Equipment Rental or Usage" Compensation, as defined and detailed in the fee table of this Agreement. B. Maximum Fee. The maximum fee for all services per- formed per this attachment shall be $6,200.00. EXHIBIT D DATE: April 4, 1984 1. Time Rates. Job Classification & Employee Name, If Known Hourly Billing Rate Director $ 55.00 Engineering or Senior Administrator 50.00 Professional Engineer 45.00 Project Engineer 39.00 Senior Resident Engineer 39.00 Engineer 36.00 Technician / EIT 34.00 Contract Administrator 25.00 Resident Engineer 25.00 Inspector 20.00 Clerical 17.00 Drafting 17.00 2. Expenses. These will include reasonable transportation cost of employees, plus the cost of prints, mailing and transportation expenses relating to printed and other materials and equipment, and telephone and telegraph expenses. I kD to P9 19 3. EXHIBIT E DATE: April 4, 1984 TABLE 1 - FORM 217 Test Equipment and Computer usage Rates. EQUIPMENT DAILY RATE Sierra 808 - VF Test Set $ 10.00 Northeast TTS17 - VF Fault Locater 15.00 TTI - Cable Analyser 25.00 Northeast TTS125 - Sub. Circuit Test Set 5.00 LSI - Artificial Line 15.00 Hewlett Packard 204D - Oscillator 10.00 Motorola - Transistorized Voltmeter 15.00 Rycom 3121B - Frequency Selective Voltmeter 15.00 Biddle - Megger 15.00 Leeds & Northrup 5430AM1 - Wheatstone Bridge 10.00 ESI, Gen. Rad., B&M 830 - Capacitance Meter 10.00 Digitec, Simpson - Multimeter 10.00 Northeast 37B - Noise Measuring Set 10.00 Assoc. Research - Vibroground 15.00 Sierra 421A - PCM Error Detector 5.00 Sierra 415A4 - PCM Span & Fault Test Set 25.00 Sierra 413 - PCM Span Test Set 25.00 Tektronix 465 - Oscilloscope 15.00 Fluke 1912A - Counter 10.00 Fluke 8020 - Digital Voltmeter 8.00 B&K E200D -- RF Signal Generator 8.00 Bird Termaline - Wattmeter 15.00 Archer - 0-25VDC Power Supply 8.00 Gisco - Seismograph 25.00 NOTE: All equipment listed should be considered "or equivalent." Rates for equipment not shown will be established when such equipment is purchased or leased. COMPUTER USAGE Standard Usage Connect Time --------------------------------- $ 6.00/hour Processor Time -------------------------------- $ 1.67/min. Output/Entry Charges ----------------------- $ .50/1000 Memory Demand ------------------------------- $ 1.50/1000 PWAC Studies $50/Study Plus $10/Plan Plus $5/Addition. Word Processor Time ------------------------------ $ 8.50/hour