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HomeMy WebLinkAboutResolution - 4742 - Agreement - Parkhill Smith & Cooper Inc - Mackenzie Park Drainage Improvements - 02_09_1995Resolution No. 4742 February 9, 1995 Item #34 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 an Agreement for Engineering Services, attached herewith, by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., and any associated documents, which Agreement 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 ATTEST: Betty M. Johnson City Secretary APPROVED AS TO CONTENT: 9th day of February , 1995. ohn Webb, Park Development Supervisor APPROVED AS TO FORM: D&PAld G. Vandiver, First City Attorney DGV:da ccdocs/ENG-PSC. res January 30, 1995 Resolution No. 4742 February 9, 1995 AGREEMENT Item # 3 4 FOR ENGINEERING SERVICES THIS AGREEMENT, between the City of Lubbock, Texas (hereinafter referred to as Owner) and Parkhill, Smith & Cooper, Inc., with principal offices at 4010 Avenue R, Lubbock, Texas 79412 (hereinafter referred to as Engineer): WITNESSETH: WHEREAS, Owner intends to make certain improvements to MacKenzie Park generally described as Drainage Improvements and Irrigation System. WHEREAS, Owner requires professional engineering services and related services in connection with the Project (hereinafter referred to as the Services); and, WHEREAS, Engineer is prepared to provide such Services; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE February 9, 1995 The effective date of this Agreement shall be ARTICLE 2 - SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Services described in Attachment A, Scope of Services, which is attached hereto and incorporated by reference as part of this Agreement; and as described in Engineer's proposal dated January 26, 1994 and the Owner's Request for Proposal RFP #12813, all of which are incorporated by reference as part of the Agreement. ARTICLE 3 - COMPENSATION Owner shall pay Engineer in accordance with Attachment B, Compensation, which is attached hereto and incorporated by reference as part of this Agreement. - 1 - ARTICLE 4 - STANDARD OF CARE Engineer shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional engineer under similar circumstances and Engineer shall, at no cost to Owner, re -perform services which fail to satisfy the foregoing standard of care. ARTICLE 5 - LIMITATIONS OF RESPONSIBILITY Engineer shall not be responsible for actual construction means, methods, techniques, sequences, procedures, or safety precautions and programs used in connection with the Project by Construction Contractor. Engineer shall assist the Owner in the administering of its construction contracts with any contractor, subcontractor, vendor, or other project participant in order to fulfill contractual or other responsibilities to the Owner or to comply with federal, state, or local laws, ordinances, regulations, rules, codes, orders, criteria, or standards. ARTICLE 6 - OPINIONS OF CONSTRUCTION COST AND CONSTRUCTION SCHEDULE Since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, Engineer's cost estimates shall be made on the basis of qualification and experience as a professional engineer. Since Engineer has no control over the resources provided by others to meet contract schedules, Engineer's forecast schedules shall be made on the basis of qualification and experience as a professional engineer. Engineer cannot and does not guarantee that proposals, bids or actual project costs will not vary from his cost estimates or that actual schedules will not vary from his forecast schedules. ARTICLE 7 - LIABILITY AND INDEMNIFICATION 7.1 General. Having considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promises included herein, Owner and Engineer agree to allocate such liabilities in accordance with this Article 7. Words and phrases used in this Article shall be interpreted in accordance with customary insurance industry usage and practice. 7.2 Indemnification. Engineer agrees to defend, indemnify, and hold Owner whole and harmless against all claims for damages, costs, and expenses of persons or property that may solely arise out of, or -2- be occasioned by, or from any negligent act, error, or omission of Engineer, or any agent, servant, or employee of Engineer in the execution or performance of this Contract. 7.3 Defense of Claims. In the event an action for damages is filed in which negligence is alleged on the part of Owner and Engineer, Engineer agrees to defend Owner. In the event Owner accepts Engineer's defense, Owner agrees to indemnify and reimburse Engineer on a pro rata basis for all expenses of defense. Owner also agrees to indemnify and reimburse Engineer on a pro rata basis for any judgment or amount paid by Engineer in resolution of such claim against the Owner. Such pro rata share shall be based upon a final judicial determination of negligence on the part of the Owner or in the absence of such determination, by mutual agreement. 7.4 Employee Claims. Engineer shall indemnify Owner against legal liability for damages arising out of claims by Engineer's employees. Owner shall indemnify Engineer against legal liability for damages arising out of claims by Owner's employees. 7.5 Limitations of Liability. To the fullest extent permitted by law, Engineer's total liability to Owner for any and all injuries, claims, losses, expenses or damages arising out of or in any way related to the Project or this Agreement from any cause or causes including but not limited to Engineer's negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the minimum amounts required by Article 10 of this Agreement. 7.6 Other Project Indemnities. Indemnity provisions shall be incorporated into all Project contractual arrangements entered into by Owner and shall protect Owner and Engineer to the same extent. 7.7 Survival. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. ARTICLE 8 - INDEPENDENT CONTRACTOR Engineer undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of its own performance and that of its subcontractors, agents and employees. Owner shall have no right to supervise the methods used but Owner shall have the right -3- to observe such performance. Engineer shall work closely with owner in performing Services under this Agreement. ARTICLE 9 - COMPLIANCE WITH LAWS In performance of the Services, Engineer will comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. Engineer shall possess the licenses necessary to allow Engineer to perform the Engineering Services. Engineer shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A, Scope of Services. ARTICLE 10 - INSURANCE Prior to the time Engineer is entitled to commence any part of the services under this Contract, Engineer shall procure, pay for, and maintain the following insurance written by companies licensed in the State of Texas or meeting surplus lines requirements of Texas law and acceptable to Owner. The insurance requirements of Texas law and acceptable to Owner. The insurance shall be evidence by delivery to Owner of one (1) certificate of insurance, executed by the insurer, listing coverage and limits, expiration date and term of policy, and certifying that the insurer is licensed to do business in Texas or meets the surplus lines requirements of Texas law, or (2) a certified copy of each policy, including all endorsements. The insurance requirements shall remain in effect throughout the term of this Contract. A. Comprehensive General Liability Insurance The Engineer shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury and $300,000 Property Damage per occurrence to include: Premises and Operations Explosion and Collapse Hazard Underground Damage Hazard Products and Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "C" waived) The Owner is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. -4- B. Comprehensive Automobile Liability Insurance The Engineer shall have Comprehensive Automobile Liability Insurance with limits of not less than: Bodily Injury $250/$500,000 Property Damage $100,000 to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned vehicles The Owner is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. C. Worker's Compensation and Employer's Liability insurance As required by State statute covering all employees whether employed by the Engineer or any Subcontractor on the job with Employer's Liability of at least $100,000 limit. D Professional Liability Insurance (including errors and omissions) with minimum limits of $1,000,000 per claim. Engineer shall furnish owner certificates of insurance which shall include a provision that such insurance shall not be canceled without at least thirty days written notice to owner. ARTICLE 11 - OWNER'S RESPONSIBILITIES Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 12 - REUSE OF DOCUMENTS All documents, including drawings, specifications, and computer software, prepared by Engineer pursuant to this Agreement are instruments of service in respect to this Project. They are not intended or represented to be suitable for reuse by Owner or others on extensions of this Project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Engineer. ARTICLE 13 - AMENDMENT. TERMINATION. AND STOP ORDERS This Contract may be altered or amended only by mutual written consent and may be terminated by the Owner at any time by written notice to the Engineer. Upon receipt of such notice, the Engineer shall, unless the notice directs otherwise, immediately discontinue all work in connection -5- with the performance of this Contract and shall proceed to cancel promptly all existing orders insofar as such orders are chargeable to this Contract. The Engineer shall submit a statement showing in detail the work performed under this Contract to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed fee which applies to the work actually performed under this Contract, less all payments that have been previously made. Thereupon, copies of all completed work accomplished under this Contract shall be delivered to the Owner. The Owner may issue a Stop Work Order to the Engineer at any time. Upon receipt of such order, the Engineer is to discontinue all work under this Contract and cancel all orders pursuant to the Contract, unless the order otherwise directs. If the Owner does not issue a Restart Order within 60 days after receipt by the Engineer of the Stop Work Order, the Engineer shall regard this Contract terminated in accordance with the foregoing provisions. ARTICLE 14 - NONDISCLOSURE OF PROPRIETARY INFORMATION Engineer shall consider all information provided by Owner to be proprietary unless such information is available from public sources. Engineer shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of Owner or in response to legal process. ARTICLE 15 - NOTICE Any notice, demand, or request required by or made pursuant to this Agreement shall be deemed properly made if personally delivered in writing or deposited in the United State mail, postage prepaid, to the address specified below. To Engineer: Parkhill, Smith & Cooper, Inc. 4010 Avenue R Lubbock, Texas 79412 ATTN: Edwin E. Davis, Vice -President To Owner: City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 ATTN: John Webb, Park Development Supervisor Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representative of Engineer and Owner. ARTICLE 16 - UNCONTROLLABLE FORCES Neither Owner nor Engineer shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise -6- of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either Owner or Engineer under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint. Neither party shall, however, be excused from performance if nonperformance is due to uncontrollable forces which are removable or remediable and which the nonperforming party could have, with the exercise of reasonable diligence, removed or remedied with reasonable dispatch. The provisions of this Article shall not be interpreted or construed to require Engineer or Owner to prevent, settle, or otherwise avoid a strike, work slowdown, or other labor action. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 17 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas. Any suit brought to enforce any provision of this Agreement or for construction of any provision thereof shall be brought in Lubbock County. ARTICLE 18 - MISCELLANEOUS 18.1 Nonwaiver. A waiver by either Owner or Engineer of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. 18.2 Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. -7- The provisions of this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the agreement be determined to be void. ARTICLE 19 - INTEGRATION AND MODIFICATION This Agreement represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by each of the parties. ARTICLE 20 - SUCCESSORS AND ASSIGNS Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this Agreement. ARTICLE 21 - ASSIGNMENT Neither Owner nor Engineer shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the other, except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Engineer from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of the Services hereunder. ARTICLE 22 - SUBCONTRACTORS No work herein called for by the Engineers shall be subcontracted to a subcontractor who is not acceptable to the Owner or assigned without prior written approval of the Owner. The Engineer shall require subcontractors to conform to the applicable terms of this Contract and include provisions which require subcontractor compliance with Owner Rules. - ARTICLE 23 - THIRD PARTY RIGHTS Nothing herein shall be construed to give any rights or benefits to anyone other than Owner and Engineer. -8- IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF LUBBOCK. TEXAS APPROVED AS TO CONTENT: Min Webb Park Development Supervisor APPROVED AS TO FORM: ald G. Vandiver First Assistant City Attorney By;Id- wm E. Davis, P.E. Vice -President Attest &o'— jkc�i B tty Johns n City Secretary PARKHILL. SMITH & COOPER. INC. -9- Attest C. Clayto Yeager P.E. President ATTACHMENT A TO CONTRACT FOR ENGINEERING SERVICES SCOPE OF SERVICES ATTACffiVIENT A TO CONTRACT FOR ENGINEERING SERVICES SCOPE OF SERVICES Owner: City of Lubbock, Texas Project: Professional Engineering Services and Related Services for MacKenzie Park Drainage Improvements and Irrigation System Engineer expects this project will require three (3) Construction Contracts as follows: Contract No. 1 - Increase Water Storage Contract No. 2 - Low Water Crossing Contract No. 3 - Ball Field Sprinkler Irrigation The following Scope of Services applies to each Construction Contract. SECTION 1 - DESIGN PHASE A. Design Phase Upon execution of this Agreement, authorization is hereby given to proceed with the Design Phase. During the Design Phase, the Engineer shall: 1. Establish the scope and advise the Owner of any soil and foundation investigations or any special surveys or special testing which, in the opinion of the 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 Charge; it may be performed by the Engineer with compensation determined by the applicable portions of Attachment B. 2. Furnish to the Owner, where required by the circumstances of the assignment, the engineering data necessary for applications for routine permits by local, State and Federal authorities, as distinguished from detailed applications and supporting documents for government grants-in-aid, or for planning advances or to meet the requirements of special programs of the Federal Government. 3. Establish the scope and advise the Owner of any field surveys, 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 surveys. The performance of field surveys is not a part of the Engineer's basic services, and compensation therefor is not included in A - 1 the Basic Charge; it may be performed by the Engineer with compensation determined by the applicable portions of Attachment B. 4. Prepare for incorporation in the Contract Documents final Drawings showing the scope, extent and character of the work to be performed and furnished by Contractor and Specifications (which will be prepared, where appropriate, in general conformance with the sixteen division format of the Construction Specifications Institute). 5. Prepare detailed opinions of probable Construction Cost of authorized construction, which shall include summaries of bid items and quantities which will be based, wherever practical, on the unit price system of bidding. The Engineer shall not be required to guarantee the accuracy of these opinions of costs. 6. Furnish the Drawings and Specifications to and review them with the Owner. The Engineer will make, without expense to the Owner, such revisions of the Drawings and Specifications as may be required to meet the needs of the Owner, but after a definite plan has been approved by the Owner, if a decision is subsequently made by the Owner which, for its proper execution, involves extra services and expenses for changes in, or addition to the drawings, specifications or other documents, or if the Engineer is put to labor or expense by delays imposed on him from causes not within his control, such as by (but not limited to) the readvertisement of bids or by the delinquency or insolvency of contractors, the Engineer shall be compensated for such extra services and expense, which services and expense shall not be considered as covered by the Basic Charges stipulated in this Agreement. Compensation for such extra services shall be in accordance with the provisions of Attachment B. 7. Furnish to the Owner all necessary copies of Drawings and Specifications required for review by Owner and regulatory agencies. All sets of Drawings and Specifications in excess of five (5) are to be paid for separately under Attachment B. 8. Furnish to the Owner reproducible originals of the Drawings and Specifications for Owner's incorporation into the Contract Documents. B. Bidding Phase During the Bidding Phase the Engineer shall: 1. Assist the Owner in the advertising and obtaining bids for the Project. 2. Assist in conducting a pre -bidding conference. 3. Prepare Addenda as appropriate to clarify, correct or change the Bidding Documents. 4. Assist the Owner in the bid opening, prepare bid tabulation and assist the Owner in evaluating bids for the Project. Recommend to the Owner as to action on all bids received. 5. Assist in the preparation of formal Contract Documents. C. Construction Phase During the Construction Phase, the Engineer shall: 1. Assist in conducting a pre -construction conference. Prepare a record of the meeting for distribution. A - 2 2. Make periodic visits to the site (as distinguished from the continuous services of a Resident Project Representative described in Subparagraph 4 below) to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. In performing this service, the Engineer will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work or material; he will not be responsible for the techniques and sequences of construction selected by Contractor(s) or the safety precautions incident thereto, and he will not be responsible or liable in any degree for the contractor's failure to perform the construction work in accordance with the Contract Documents. During visits to the construction site, and on the basis of the Engineer's on -site observations as an experienced and qualified design professional, he will keep the Owner informed of the extent of the progress of the work, and advise the Owner of material and substantial defects and deficiencies in the work. Engineer's visits will be limited to one site visit every other week during the construction period. 3. During such visits and on the basis of such observations, Engineer shall have the authority to disapprove of or reject Contractor's work while it is in progress if 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 Document. 4. Engineer shall issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of the 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. 5. Engineer shall recommend Change Orders and Work Change Directives to Owner as appropriate, and shall prepare Change Orders and Work Change Directives as required. Routine change orders, such as substitution of material or equipment and extension of time are considered a part of the Basic Service, therefore no extra charge will be made for these services. However, change orders requested by the Owner or made necessary by changed site conditions, shall be considered special services and shall be paid separately under Attachment B. 6. Engineer shall review and approve (or take other appropriate action in respect of) 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. 7. If specifically authorized by the Owner in writing, furnish the services of Resident Project Representatives and other field personnel for continuous on -the -site observation of construction; and for the performance of required construction layout surveys. Furnishing the services of a Resident Project Representative is not a part of the Engineer's basic services, and compensation therefor is not included in the Basic Charge; compensation shall be determined under Attachment B. The authority and duties of such Resident Project Representatives are limited to examining the material A - 3 furnished and observing the work done and to reporting their findings to the Engineer. The Engineer will use the usual degree of care and prudent judgment in the selection of competent Project Representatives, and the Engineer will use his best efforts to see that the Project Representatives are on the job to perform their required duties. It is agreed, however, that the Engineer does not underwrite, guarantee or insure the work done by the Contractor(s). Failure by any Project Representative or other personnel engaged in on -the -site observation to discover defects or deficiencies in the work of the Contractors shall not relieve the contractor for liability therefor or subject the Engineer to any liability for any such defect or deficiencies, if the Project Representative had no actual knowledge of the defect. 8. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor is required to submit for compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. 9. Based on his on -site observations as an experienced and qualified design professional and on his review of the Contractor's applications for payment and the accompanying data and schedules, determine the amounts owing to the Contractor and approve in writing payments to the Contractor in such amounts; such approvals of payment will constitute a representation to Owner, based on such observations and review, that the work has progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any qualifications stated in his approval). By approving an application for payment, Engineer will not be deemed to have represented that he has made any examination to determine how or for what purpose any Contractor has used the monies paid on account of the Contract Price or that title to any of the Contractor's work, materials or equipment has passed to Owner free and clear of any lien, claims, security interests or encumbrances. 10. Conduct, in company with the Owner, a final inspection of the Project for compliance with the Contract Documents and make recommendations to the Owner regarding completion of the Project. 11. Revise contract drawings, with the assistance of the Resident Project Representative, to provide record drawings of the completed Project and furnish one set of prints to the Owner. The Engineer will exercise the usual degree of care in preparing these drawings, but he shall not be required to guarantee the accuracy of the record drawings. Compensation for record drawings is not part of Basic Charge and shall be determined as described under Attachment B. 12. Provide the Owner with one set of reproducible project drawings. If item (11) above is authorized, the drawings shall be record drawings. If item (11) is not authorized, the advertised project drawings will be provided in reproducible form. A - 4 SECTION 2 - ADDITIONAL SERVICES If authorized by the Owner, Engineer shall furnish or obtain from others Additional Services and special assignments of the following types which are not considered normal or customary Basic Services. 1. Field Surveys to collect information required for design including photogrammetry, and related office computations and drafting. 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. Preparation of property or easement descriptions. 4. Preparation of any special reports required for marketing of bonds. 5. Small design assignments (estimated construction cost less than $100,000) not included in the authorized basic services. 6. Prepare stormwater pollution prevention plan, notice of intent and notice of termination, and include Specifications for the construction project outlining requirements of contractors concerning stormwater pollution prevention in accordance with applicable rules and regulations. Assist the Owner in required reporting and documentation during construction. 7. Prepare technical criteria, written descriptions and design data for use in filling applications for permits with or obtaining approvals of such governmental authorities as have jurisdiction to review or approve the final design of the Project. 8. Appearance before regulatory agencies. 9. Assistance to the Owner as an expert witness in any litigation with third parties arising from the development or construction of the Project including preparation of engineering data and reports. 10. Special investigations involving detailed consideration of operation, maintenance and overhead expenses; preparation of rate schedules, earnings and expense statements; special feasibility studies; appraisals; valuations; and material audits or inventories required for certification of force account construction performed by the Owner. 11. Soil and foundation investigations, including field and laboratory tests, borings, related engineering analysis and recommendations. 12. Detailed mill, shop and/or laboratory inspection of materials or equipment. 13. Travel and subsistence required of the Engineer and authorized by the Owner to points other than Owner's office and project site. 13. Additional sets of Drawings and Specifications. 15. Preparation of applications and supporting documents for government grants, planning advances or to meet the requirements of special programs of the Federal government. 16. Preparation of environmental statements and assistance to Owner in preparing for, and attending public hearings. 17. Revisions to contract drawings to provide record drawings of the completed contract. 18. Service after issuance of Certificate of Completion. 19. Services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify accuracy of drawings or other information furnished by Owner. 20. Preparation of operating instructions and manuals for facilities and training of personnel and assistance in operation of facilities. A - 5 21. Providing renderings or models for Owner's use. 22. Preparing documents for alternate bids requested by Owner for work which is not executed or documents for out -of -sequence work. 23. Services in connection with change orders to reflect changes requested by the Owner or changes made necessary by changed site conditions, and services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortage. 24. Any other special or miscellaneous assignment specifically authorized by Owner. SECTION 3 - DUTIES AND RESPONSIBILITIES AND THE LIMITATIONS ON THE AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE A. GENERAL The Resident Project Representative is the Engineer's Agent and shall act under the supervision and direction of the Engineer. He shall confer with the Engineer regarding his actions, and shall generally communicate with the Owner with the knowledge of and under the direction of the Engineer. B. DUTIES AND RESPONSIBILITIES The Resident Project Representative shall: 1. Schedule - Review the construction schedule prepared by the Contractor for compliance with the contract and give written advice to the Engineer concerning its acceptability. 2. Conferences - Attend pre -construction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with the Engineer and notify those expected to attend in advance. Maintain and circulate copies of records of the meetings. 3. Liaison a. Serve as the Engineer's liaison with the Contractor working principally through the Contractor's field superintendent. Alert the Contractor through his field superintendent, to the hazards involved in accepting and acting upon instructions from the Owner or others, except such instructions transmitted through the Engineer. b. Cooperate with the Contractor in his dealings with the various local agencies having jurisdiction over the Project in order to complete service connections to public utilities and facilities. c. Assist the Engineer in obtaining from the Owner additional details or information, when required at the job site for proper execution of the work. 4. A r v - When required, assist the Engineer in obtaining from the Contractor a list of his proposed suppliers and subcontractors. A - 6 5. Samples - Assist the Engineer in obtaining field samples of materials delivered to the site which are required to be furnished, and keep record of actions taken by the Engineer. 6. Shop Drawings a. Receive approved shop drawings and other submissions from the Engineer; record data received, maintain a file of the drawings and submissions, and check construction for compliance with them. b. Alert the Contractor's field superintendent when he observes materials or equipment being installed before approval of shop drawings or samples, where such are required, and advise the Engineer when he believes it is necessary to disapprove work as failing to conform to the Contract Documents. 7. Review of Work. Inspections and Tests a. Conduct on -site observations of the work in progress for the Engineer as a basis for determining that the Project is proceeding in accordance with the Contract Documents. b. Verify that tests, including equipment and systems start up, which are required by the Contract Documents are conducted and that the Contractor maintains adequate records thereof; observe, record and report to the Engineer appropriate details relative to the test procedures and start ups. c. Accompanying visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to the Engineer. 8. Interpretation of Contract Documents - Transmit to the Contractor the Engineer's interpretations of the Contract Documents. 9. Modifications - Consider and evaluate Contractor's suggestions for modifications in drawings or specifications and report them with recommendations to the Engineer. 10. Records a. Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings and other submissions, reproductions of original contract documents including all addenda, change orders and additional drawings issued subsequent to the award of the contract, the Engineer's interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions, list of visiting officials, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures. c. Record names, addresses and telephone numbers of all Contractors, subcontractors and major material suppliers. d. Maintain a set of drawings on which authorized changes are noted, and deliver to the Engineer at the completion of the Project. 11. RgpQrs a. Furnish the Engineer periodic reports as required of progress of the Project and the Contractor's compliance with the approved construction schedule. b. Consult with the Engineer in advance of scheduled major tests or start of important phases of the Project. 12. Payment Reguisitions - Review applications for payment with the Contractor for compliance with the established procedure for their submission and forward them with A - 7 recommendations to the Engineer, noting particularly their relation to the work completed and materials and equipment delivered at the site. 13. Guarantees. Certificates. Maintenance and Operation Manuals - During the course of the work, assemble Guarantees, Certificates, Maintenance Operation Manuals and other required data to be furnished by the Contractor and upon acceptance of the Project, deliver this material to the Engineer for his approval and forwarding to the Owner. 14. Co=letion a. Prior to final inspection, submit to the Contractor and Owner a list of observed items requiring correction and verify that each correction has been made. b. Conduct final inspection in the company of the Engineer and the Owner and prepare a final list of items to be corrected. c. Verify that all items on final list have been corrected and make recommendations to the Engineer concerning acceptance. C. LIMITATIONS OF AUTHORITY Except upon written instructions of the Engineer the Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents. 2. Shall not undertake any of the responsibilities of the Contractor, the subcontractors or the Contractor's field superintendent. 3. Shall not expedite the work of the Contractor. 4. Shall not advise on or issue directions relative to any aspect of the construction technique or sequence unless a specific technique or sequence is called for in the Contract Documents. 5. Shall not authorize the Owner to occupy the Project in whole or in part prior to final acceptance of the work. 6. Shall not participate in specialized field or laboratory tests. SECTION 4 - PROPOSED PROJECT SCHEDULE DATE ACTIVITY February 12, 1995 City Council authorizes execution of engineering agreement May 15, 1995 Design Phase complete including basic design services. July 15, 1995 Bid Phase Complete August 15, 1995 Begin Construction Phase NOTE: The proposed project schedule is based on Owner's Notice to Proceed dated February 13, 1995. A - 8 ATTACHMENT B TO CONTRACT FOR ENGINEERING SERVICES COMPENSATION ATTACHMENT B TO CONTRACT FOR AGREEMENT SERVICES COMPENSATION Owner: City of Lubbock, Texas Project: Professional Engineering and related services for MacKenzie Park Drainage Improvements and Irrigation System. For the Services covered by this Contract, the Owner agrees to pay the Engineer as follows: BASIC ENGINEERING SERVICES ADDITIONAL SERVICES SECTION 1 - BASIC ENGINEERING SERVICES For Basic Engineering Services, the Owner shall pay the Engineer a lump sum fee for all services of Engineer including the Engineer's Consultants as follows: Contract No. 1 - Increase Water Storage: $12,500.00. Contract No. 2 - Low Water Crossing: $7,800.00. Contract No. 3 - Ball Field Sprinkler Irrigation: $16,000.00. SECTION 2: ADDITIONAL SERVICES For Additional Services, the Owner shall pay Engineer as follows: For services of Engineer's principals and employees engaged directly on the Project, an hourly rate basis for labor. For services of Engineer's Consultants, the amount billed to Engineer therefor times a factor of 1.15. - For Reimbursable Expenses, the charge actually incurred or the imputed cost allocated by Engineer therefor times a factor of 1.15. Reimbursable expenses include the following: 1. Travel, subsistence, and incidental costs. 2. Use of motor vehicles on a monthly rental basis for assigned vehicles and on a current mileage basis or rental cost basis for vehicles used for short periods. B-1 3. Long distance telephone costs and project "onsite" telephone costs. 4. Reproduction of reports drawings, and specifications. 5. Postage and shipping charges for project -related materials. 6. Computer time charges including program use charges. 7. Rental charges for use of equipment. 8. Cost of acquiring any other materials or services specifically for and applicable to only this project. The maximum billed for Additional Services for the identified services shall not exceed the following: Field Surveying: Contract No. 1 - $6,600.00 Geotechnical Investigations: Contract No. 2 - $1,500.00 Corps of Engineers 404 Permit and Coordination Contract 1: $3,500.00. Hourly rates listed herein for Engineer's personnel services will apply until December 31, 1995 and shall be changed annually on January 1st for the upcoming twelve (12) month period. Classification Hourly Billing Rate Range Principal -In -Charge $65-110 Project Manager/Project Architect $55-80 Project Engineer/Architect $50-70 Design Engineer/Architect $45-60 Engineer in Training/Architect Intern $40-55 Resident Project Representative $35-55 Technician $35-55 Drafter/CARD Operator $25-50 Clerical $25-50 am Monthly payments shall be made to the Engineer by the Owner based on Engineer's statement. The statement shall indicate the percent complete for Basic Services and itemized to indicate the amount of work performed and the associated expenses for Additional Services. The uncontested amount of each statement shall be due and payable upon receipt by the Owner. Carrying charges of 1-1/2 percent per month from the billing date, shall be due for accounts which are not paid within 60 days after the billing date. In the event of termination by Owner before the completion of the Basic Services, progress payments due engineer for services rendered shall constitute total payment for such services. In the event of such termination by Owner during the Basic Services, Engineer will be paid for services rendered on an hourly rate basis for services rendered to date of termination by Engineer's employees engaged directly on the Project. In the event of any such termination, Engineer also will be reimbursed for the charges of independent professional associates and consultants employed by Engineer to render Basic Services, and paid for all unpaid Reimbursable Expenses. FW ATTACHMENT C TO CONTRACT FOR ENGINEERING SERVICES OWNER'S RESPONSIBILITIES r ATTACHMENT C TO CONTRACT FOR ENGINEERING SERVICES OWNER'S RESPONSIBILITIES Owner: City of Lubbock, Texas Project: Professional Engineering Services and Related Services for MacKenzie Park Drainage Improvements and Irrigation System OWNER'S RESPONSIBILITIES The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items: 1. Access to all maps, drawings, reports, records, audits, annual reports, and other data that are available in the files of the Owner and which may be useful in the work involved under this contract. 2. Access to public and private property when required in performance of the Engineer's services. 3. Access to existing property, boundary, easement, right-of-way, and utility surveys and property descriptions. 4. Full disclosure regarding the PROJECT. 5. A Project Manager fully acquainted with the PROJECT who has authority to approve changes in the PROJECT, render decisions promptly, and furnish information in a reasonable time frame. 6. Pay all costs for advertising and reproduction incident to advertising for bids and public meetings. C - 1