Loading...
HomeMy WebLinkAboutResolution - 2001-R0297 - Engineering Services Agreement - Parkhill, Smith & Cooper - 07/12/2001Resolution No. 2001-RO297 July 12, 2001 Item No. 46 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., an Agreement for Engineering Services, 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 this 12th day of July 2001. z ,/ c ATTEST: Rebecca Garza City Secretary APPROV Ib AS TO arry Hertel, .E. City Engineer APPROVED AS TO FORM: William de Haas Contract Manager,/Attorney Ccdocs/dhiParkhi11, Smith & Cooper Engineering Services.res June 29, 2001 Resolution No. 2001-RO297 y July 12, 2001 Item No. 46 AGREEMENT FOR ENGINEERING SERVICES (CONSTRUCTION PERIOD SERVICES) THIS AGREEMENT, between the City of Lubbock, Texas (hereinafter referred to as Owner) and Parkhill, Smith & Cooper, Inc., with principal offices at 4222 85' Street, Lubbock, Texas 79423 (hereinafter referred to as Engineer): WITNESSETH: WHEREAS, Owner intends to construct storm water drainage facilities from the North Fork of the Double Mountain Fork of the Brazos River (the Canyon) to certain playa lakes designated as Lake Numbers 19, 20, 21, 22, 23S, 23N, 24, 25, 26, 27, 31 and 37 with such construction designated as the South Central Lubbock Drainage Improvements Project (hereinafter referred to as the project); and WHEREAS, Owner requires certain professional engineering services in connection with the Project (hereinafter referred to as the Services) for the construction period; and WHEREAS, Engineer is prepared and has the ability to provide such Services; NOW THEREFORE, in consideration of the promises contained herein,. the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be July 12, 2001 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. ARTICLE 3 - COMPENSATION Owner shall pay Engineer for Basic Engineering Services in accordance with Attachment B, Compensation, which is attached hereto and incorporated by reference as part of this Agreement, and compensation for Construction Period Services shall not exceed $ 1,440,606.00 without authorization by City Council. Owner shall pay Engineer for Supplemental Construction Period Services,. if authorized by Owner, in accordance with Attachment B, Compensation which is attached hereto and incorporated by reference as part of this agreement, and compensation shall not exceed $691,269.00 without authorization by City Council. 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 at the same time and in the same locality. ARTICLE 5 - LIMITATIONS OF RESPONSIBILITY Engineer shall not be responsible for actual means, methods, techniques, sequences, procedures or safety precautions and programs used in connection with the Project by others. Engineer shall assist the Owner in the administering of its contracts with any vendor or other Project participant in order to fulfill contractual or other responsibilities to the Owner or to comply with federal, state and local laws, ordinances, regulations, rules, codes, orders, criteria and standards. ARTICLE 6 - OPINIONS OF COST AND 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 opinion of cost shall be made on the basis of qualifications 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 qualifications and experience as a professional engineer. Engineer cannot and does not guarantee that proposals, bids or actual Project costs will not vary from his opinions of cost 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 arise out of, or 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. Such pro rata share shall be based upon a final judicial determination of negligence 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. 2 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 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 shall be evidenced 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 by delivery to Owner of 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 with a $1,000,000 combined single limit to include: 9 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 a copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Comprehensive Automobile Liability Insurance The Engineer shall have Comprehensive Automobile Liability Insurance with limits of not less than: Bodily Injury $250,000/$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 a copy of the endorsement doing so is to be attached to the Certificate of Insurance. C. Workers' 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 (30) 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. For purposes of this Agreement, Owner may act through its governing body or through administrative officials. 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. 11 ARTICLE 13 - AMENDMENT, TERMINATION AND STOP ORDERS This Contract may be altered or amended only by mutual written consent of both parties hereto 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 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 States mail, postage prepaid, to the address specified below. To Engineer: Parkhill, Smith & Cooper, Inc. ATTN: Robert P. McMillen, P.E. 4222 85`x' Street Lubbock, Texas 79423 To Owner: City of Lubbock ATTN: Marsha Reed, P.E. P.O. Box 2000 Lubbock, Texas 79457-0001 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives 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 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 5 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, construction Contractor default or abandonment, failure on the part of the construction Contractor to otherwise pursue construction of the project, legislative actions, Owner - directed changes to design criteria or scope services once criteria and scope have been agreed upon, Owner -directed changes to plans after plans have been reviewed and approved (including partial submittal progress reviews), 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. Neither parry 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 force 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, Texas. 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. The provisions of this Article 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 and agreements, either written or oral. }This Agreement may be amended only by a written instrument signed by each of the parties. 31 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 subcontracts to conform to the applicable terms of this Contract and include provisions which require subcontractor compliance with Owner's Rules. ARTICLE 23 - THIRD PARTY RIGHTS Nothing herein shall be construed to give any rights or benefits to anyone other than Owner and Engineer. IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF LUBBOCK, TEXAS APPROVED AS TO FORM: .................... William deHaas Contract Manager/Attorney 7 (4m,4 4tlm- Windy Sitton, Mayor Attest 4Q, Rebecca Garza City Secretary PARKHILL, SMITH& COOPER, INC. By:_ C ,"— C. Clayton eager,. ME. President Attest Robert P. "Paul" McMillen, P.E. Corporate Associate Resolution No. 2001-RO297 ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: South Central Lubbock Drainage Improvements Project A DESCRIPTION OF SCOPE OF SERVICES The scope of services for this project is as follows: Work will not proceed until Owner has authorized Engineer in writing to proceed. I. DEFINED TERMS A. Wherever used in this Agreement (including Attachments hereto),. 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 prior to the opening of Bids which clarify, correct, or change the Bidding Documents. 2. 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. 3. Bid—The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 4. 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. 5. Change Order—A document recommend 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. 6., Construction Agreement—The written instrument which is evidence of the agreement, contained in the Contract Documents, between Owner and Contractor concerning the Work. 7. Construction Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. 8. Continuous Observation—Observation of construction on a basis that is sufficient to reasonably assure substantial compliance with the plans and specifications and is considered continuous as opposed to intermittent observation. Personnel performing continuous observation are not required to be on a specific site 100 percent of the time, but may leave a specific site for indefinite periods of time to observe other sites,. observe other portions of project work, perform other A-1 assignments, or leave the site if no work is being performed that, in the opinion of the Engineer, requires observation. 9. Continuous Presence—See Continuous Observation. 10. 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 to the Construction Agreement, the notice to proceed, the bonds, appropriate certifications, the General Conditions, the Special Provisions, the Specifications and the Drawings as the same are more specifically identified in the Construction Agreement, together with all Written Amendment, Change Orders, Work Change Directives, Field Orders, and Engineer's written interpretations and clarifications issued on or after the Effective Date of the Construction Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. 11. 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. 12. Contractor—An individual or entity with whom Owner enters into a Construction Agreement. 13. 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. 14. Defective—An adjective which, when modifying 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. 15. 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. 16. 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. 17. 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. 18.. 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. A-2 19. 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. 20. 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. 21. Intermittent Observation—Observation of construction on a basis such that specific milestones of construction progress are observed for substantial compliance with the plans and specifications prior to beginning work toward the next milestone. An example is checking steel reinforcement placement prior to concrete being placed, but not being on-site continuously while the reinforcement is being assembled. 22. Intermittent Presence—See Intermittent Observation. 23. 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 Engineer considers significant based on record documents furnished by Contractor to Engineer and which were annotated by Contractor to show changes made during construction. 24. Resident Project Representative—The authorized representative of Engineer, 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 30. Special Provisions—That part of the Contract Document's which amends or supplements the General Conditions. 31. 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 A-3 furnishing, installing, and incorporating all materials and all equipment into such construction, all as required by the Contract Documents. 32. Work Change Directive—A written directive to Contractor issued or on 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 Time 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. 33. 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. II. BASIC CONSTRUCTION PERIOD SERVICES A. Upon award of a construction contract to a Contractor, and upon written authorization from Owner, Engineer shall: 1. General Administration of Construction Contract—Consult with Owner and act as Owner's representative as authorized by Owner. 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 this Agreement. 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. 3. Pre -Construction Conference --Conduct a Pre -Construction Conference prior to commencement of Work at the Site. 4. 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 A-4 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 or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to. Contractor's work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 5. Defective Work --Recommend to Owner that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, Engineer believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 6. 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. 7. 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. 8. 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. 9. Substitutes and "or -equal--" Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor. 10. 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. A-5 11. 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. 12. 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). 13. 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. 14. Substantial Completion --Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, conduct an inspection to determine if the Work is Substantially Complete. If after considering any objections of Owner, Engineer considers the Work Substantially Complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor.. The certificate of Substantial Completion shall not be issued so long as major items of Work remain to be completed. Normally, only minor "punch list". items that do not affect the function of the Work can remain when a substantial completion certificate is issued. A-6 15. 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. "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. Such notice shall not be issued until all items of the Work, including "punch list" items, are satisfactorily completed. 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 subsequent notice to proceed from Owner to Engineer, and will terminate upon written recommendation by Engineer for final payment to Contractors and subsequent delivery of record drawings to Owner. In no case shall the duration of the construction phase exceed the duration in Attachment A without modification of the professional services agreement and schedule. 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. D. Resident Project Representative This section of the Agreement defines the duties, responsibilities and limitations of authority of Resident Project Representative. 1. Engineer shall furnish Resident Project Representative ("RPR"), assistants, and other field staff to assist Engineer in observing progress and quality of the Work. 2. 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. 3. The duties and responsibilities of the RPR are limited to those of Engineer in this Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: A-7 a. 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. b. 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. C. 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. d. Liaison: 1) Serve as engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. 2) Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. e. 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. f. Shop Drawings and Samples. 1) Record date of receipt of Samples and approved Shop Drawings. 2) Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. 3) 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. g. 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. h. Review of Work and Rejection of Defective Work: 1) 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. 2) 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, In 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. L Inspections, Tests, and System Startups: 1) Consult with Engineer in advance of scheduled major inspections and tests of important phases of Work. 2) Verify that tests, equipment, and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. 3) Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups. 4) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. j. Records: 1) Maintain at the Site or at PSC offices 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. 2) 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. 3) Record names, addresses and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. 4) Maintain records for use in preparing Project documentation. 5) Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. k. Reports: 1) 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. 2) Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders.. Obtain backup material from Contractor. 3) Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. A-9 4) 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. 1. 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. in. 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. n. Completion: 1) Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. 2) 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. 3) Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. 4) 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. o. 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 this 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. A-10 7) Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8) Authorize Owner to occupy the Project in whole or in part. E. Frequency of Construction Observation and Coordination 1. The frequency of construction observation and coordination is dependent on the Contractor's schedule, type of operation being performed, demonstrated quality of work, compliance with the plans and specifications, and site conditions. 2. The Engineer shall perform continuous or intermittent observation, as the Contractor's quality of work dictates, of the following typical construction activities expected for the Project: a. Laying of storm sewer pipe and adjacent trench backfilling. b. Grouting of storm sewer pipe in tunnels. C. Tunneling operations for tunnel excavation and tunnel grouting where direct push methods are used. d. Placement of concrete. e. Placement of rock riprap. f. Placement of street flexible base and asphalt stabilized base. g. Placement of hot -mix asphaltic -cement concrete pavement. h. In-place storm sewer pipeline watertightness and leakage tests. i. Preparation of surface for range seeding and sod placement to include fertilizer application to subgrade. j. Range seeding operations to include placement of seed. k. Storm water sampling station construction from pipe sampling parts up through the floor slab elevation and floor slab placement. Includes excavation. 1. Anchoring of rings and covers on watertight manholes. 3. The Engineer shall perform intermittent observation of the following typical construction activities expected for the project: a. Construction materials field tests for density of soils, density of hot -mix asphalt pavement, compressive strength of concrete, air content of concrete, slump of concrete, and other such types of field testing called for in the Contract Documents. b. Headwall construction involving excavation phase, subgrade preparation, reinforcing steel placement, formwork and backfill. C. Inlet construction involving excavation phase,. subgrade preparation, reinforcing steel placement, formwork, and backfill. d. Construction, field testing and operational testing of sluice gate structures. Includes excavation and backfill. e. Construction, field testing and operational testing of check valve structures. Includes excavation and backfill. f. Fence repair and construction. g. Solid sod placement for areas receiving sod. A-11 h. Construction of storm water sampling station above station floor elevation. Includes backfill. L Manhole construction of non -watertight manholes. j. Setting and anchoring of grates. k. Temporary items such as: 1) Traffic control devices. 2) Storm water pollution prevention devices. 3) Cofferdams. 4) Temporary facilities and controls. 5) Project cleanup. 1. Pipe joint leakage tests and strength tests at manufacturer's facilities. in. Painting and other field -applied finishes. n. Portland cement concrete pavement and curb -and -gutter subgrade, formwork, applicable dowels and finishes. o. Tunneling operations for tunnel excavation and tunnel grouting where primary tunnel liner methods are used that allow intermittent observation and confirmation. F. Post -Construction Period Services 1. Record Drawings. Prepare record drawings from information and drawing markups supplied by Contractor. G. Deliverables 1. One reproducible set of record drawings delivered to Owner. 2. One non -reproducible set of record drawings delivered to Owner. 3. Compact discs containing the electronic files of the record drawings delivered to Owner. 4. One set of RPR inspection logs delivered to Owner. 5. Owner copies of Contractor submittals. H. Supplemental Construction Period Services 1. Supplemental Construction Period Services define the additional allowable man- hours and reimbursable expenses that are contingent on the Contractor's operations and prosecution of the work. Such Supplemental Services are contingent on the Contractor's progress, number of concurrent sites occupied or hours of operation. 2. Tasks shall be the same as those listed in paragraphs ILA, ILB, II.C, and ILD except that Supplemental Services man-hours and budget shall be applied to work outside of the work hours defined in the Contract Documents, Section 01140, paragraphs 1.5.A and 1.5.B and that are not otherwise accounted in the allowance in Exhibit A-1. A-12 III. ADDITIONAL SERVICES A. At the request of the Owner, the Engineer will provide Additional Services as included herein or upon agreement between Owner and the Engineer defining the extent of such Additional Services and the amount and manner in which Engineer will be compensated for such Additional Services. B. Additional Services may include but are not limited to: 1. Providing construction,. property or other special field surveys. 2. Construction materials testing services. 3. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. C. Any work requested by the Owner that is not included in one of the items listed in any other place will be classified as Additional Services. D. Additional services may be authorized by a notice -to -proceed in writing from the City Engineer and addressed to the Engineer. A-13 r Resolution No. 2001-RO297 ATTACHMENT B TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: South Central Lubbock Drainage Improvements Project COMPENSATION BASIC AND SUPPLEMENTAL SERVICES For these services covered by this Agreement, the Owner agrees to pay the Engineer as follows: A. GENERAL 1. The Engineer will be paid on an hourly rate basis shown in Table B-1 and subcontract personnel services will be billed at cost. Engineer and subcontractor reimbursable expenses will be billed at cost plus 15 percent surcharge. Reimbursable expenses are shown in Table B-1. 2. The Engineer agrees to use its best efforts to perform services as defined herein within the billing limits stated below. 3. It is understood and agreed that the maximum billings of each of the items listed below are based on the start of Services being authorized not later than July 31, 2001 and are also contingent on the construction Contractor's diligent prosecution of the Work. If start of Basic Services is not authorized by date given, it is understood and agreed that the upper billing limit will be adjusted accordingly by a supplement to this Agreement. 4. Monthly payments shall be made to the Engineer by the Owner based on Engineer's statement. The statement shall be itemized to indicate the amount of work performed and the associated reimbursable expenses and subcontract costs. 5. 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 that are not paid within 60 days after the billing date. 6. The. Engineer shall keep records on the basis of generally accepted accounting practices of costs and expenses and which records shall be available for inspection by Owner during normal business hours. 7. The Engineer shall provide adequate resources to complete the services described herein within 28 months of the date of the Owner's notice -to -proceed to the Engineer, provided the construction Contractor completes the project within a 24 -month period starting with a notice -to -proceed to the Contractor. The attached schedule can be adjusted based on the actual date of the Owner's notice -to -proceed and subsequent time extensions given to Contractor. I , t B. BASIC ENGINEERING SERVICES 1. The maximum billed for services and reimbursable shown as follows: Parkhill, Smith & Cooper, Inc. Hugo Reed and Associates, Inc. Basic Engineering Services including personnel expenses for the Engineer and Subcontractors is Basic Personnel Services $ 1,274,888.00 $ 111,203.00 TOTAL BASIC CONSTRUCTION PERIOD SERVICES NOT TO EXCEED WITHOUT AUTHORIZATION Basic Reimbursable Expenses $ 46,462.00 $ _ 8,053.00 $ 1,440,606.00 2. The Engineer shall start the performance of the Basic Construction Period Services within ten (10) days of receipt of notice to proceed and will complete the Basic Construction Period Services within 28 months, contingent on the construction Contractor's prosecution of the work. A schedule for Basic Construction Period Services is attached. 3. Basic services are for an 18 -month construction period. C. SUPLEMENTAL CONSTRUCTION PERIOD SERVICES 1. The maximum billed for Supplemental Construction Period Services including personnel services and reimbursable expenses for the Engineer and subcontractor is shown as follows. Parkhill, Smith & Cooper, Inc. Hugo Reed and Associates, Inc Supplemental Personnel Services $ 575,734.00 $ 83,984.00 Supplemental Reimbursable Expenses $,-- 25,990.00 $ 5,561.00 TOTAL SUPPLEMENTAL CONSTRUCTION PERIOD SERVICES NOT TO $ 691,269.00 EXCEED WITHOUT AUTHORIZATION 2. The Engineer shall start the performance of the services within ten (10) days of receipt of notice to proceed and will complete the Supplemental Services within the time period to be determined by mutual consent between the Owner and the Engineer and dependent upon the construction Contractor's schedule, work hours and progress. 3. Supplemental services can be authorized by individual section as shown in Exhibit A-2. D. ADDITIONAL SERVICES Additional services must be authorized in writing by the Owner. 1. The maximum billed for Additional Services will be determined by mutual consent before the Additional Services are authorized by the Owner. 2. The Engineer shall start the performance of the authorized Additional Services within ten (10) days of the receipt of notice to proceed and will complete the Additional Services within the time period determined by mutual consent before the Additional Services are authorized by the Owner. TABLE B-1 PERSONNEL SERVICES RATES TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: South Central Lubbock Drainage Improvements Project COMPENSATION RATES Hourly fees listed herein will apply until July 31, 2003. Hourly fees shall be adjusted beyond July 31, 2003 by multiplying the hourly fee by the Consumer Price Index increase published on or after January 1, 2003 and each successive year thereafter. A. PERSONNEL SERVICES Category of Personnel $/HR Parkhill. Smith & COODer. Inc. Principal -in -Charge 130.00 Project Manager or Senior Professional Engineer 108.00 Professional Engineer 81.00 Professional Architect 81.00 Engineer -In -Training 75.00 Technician/Designer 65.00 Drafter/CADD Operator 58.00 Clerical 28.00 Hugo Reed and Associates Principal -in -Charge or Officer 110.00 Senior Engineer 92.00 Professional Engineer 82.00 Engineer -In -Training 70.00 Technician/Designer 59.00 Drafter/CADD Operator 55.00 Clerical 37.00 B. REIMBURSABLE EXPENSES The following expenses are reimbursable: 1. Travel, subsistence and incidental costs. 2. Use of motor vehicles on a monthly basis for assigned vehicles and on a current mileage basis or rental cost basis for vehicles used for short periods. 3. Telegraph costs, 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. ISM Resolution No. 2001-RO297 ATTACHMENT C TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: South Central Lubbock Drainage Improvements Project 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. Secure permission to enter upon public and private property when required in performance of the Engineer's services. 3. Access to existing property, boundary, easement, right-of-way, 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 within the delegated authority of the Project Manager, render decisions promptly, and furnish information in a reasonable time frame. It is recognized that certain changes or decisions will require City Manager and/or City Council approval. 6. Pay all costs for advertising and reproduction incident to advertising public meetings except for those public meetings advertisements which the Engineer is obligated to perform under Basic or authorized Supplemental Services. 7. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Engineer, obtain advice of an attorney, insurance counselor and other consultants as Owner deems appropriate for such examination, and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Engineer. 8. Provide such legal accounting, independent cost estimating and insurance counseling services as may be required for the Project and such auditing services. as Owner may require to ascertain how or for what purpose any contractor has used the monies paid to him under the construction contract. C-1 9. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of any defect in the Project. 10. Cooperate with Engineer in securing preliminary approvals and consensus from the governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 11. Furnish, or direct Engineer to provide, necessary Supplemental Services as stipulated in Attachment A of this Agreement or other services as required. 12. Furnish construction materials testing services. 13. 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. 14. 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. 15. Bear all costs incident to compliance with the requirements of this Attachment C. C-2 Resolution No. 2001-R0297 ATTACHMENT D ENGINEER'S RESPONSIBILITIES I. The Engineer's responsibilities under this agreement are shown in Exhibit A-1 for Basic Construction Period Services and Exhibit A-2 for Supplemental Construction Period Services. IL The Engineer's responsibilities shown in Exhibit A-1 and Exhibit A-2 are congruent with the Scope of Services given under Attachment A. D-1 Resolution No. 2001-R0297 EXHIBIT A-1 BASIC CONSTRUCTION PERIOD SERVICES TASKING, MAN-HOURS, REIMBURSABLES, AND SUBCONTRACTORS Z O. F- U D F- Z w O U r- :3 • J W Fa N Z M } a0) w LU a D� N so d �Z W Z a Lu Z U U a W m h Lu _j 1 I. -m LLIZ (g0ZY LU N YO. WD {� W I > U oV-0O mLLI W _ LL Q Z Q LL O O?Q —QLLN � Z Q 0 U Y H H � 0 Z O m W 0 J (A Z = W F- Z U W Q �U LL w H O W Oo _Z < W(n Z W 0 C6 W W U >N LL W U Q X m U a m K O x u K z_ O s i 0 N �° c 0 m � ~ X W � � N n Fo- 0 V = U O O 00 r - C14 Cl) U 0 O 0 0 W O � O U a er a» `o O = m o0 c y 69 O U m Y Q L U o o v 0 0 3 0 w64=°co a o C E— y U m m 3 ca OR N N C N U N H y ayi w t C o o 0 > g c E E 2 m n E m v m m Q 0 w d O 3 _ — O E N m O O fl. N O` O N C U C y N 0 a w W 00 v> » V o m 'm C d ° w � � L � Z d R ° 0 ' 0 � L_. > m O O O V W O co a co N O U U m C y r 3 N O N W V3 w O O ° '= E w v ami ° `o c o 3 `o m m m 3 0 a aC5 0 Y o N = o ° a 2 3 ° m c W 0 0 a m 0 0 O o � m c 0 _ 0 .O WO C ` O U' a; O O` E O N m E o o�° a o `o c o -.=0 E U 'c y r w w v a u a w U C N V 3 m t m c v O OO o co E E E) 0 c -mo Y mLm, c L.. a `o E o M E2 co 0 0 .� 'y '� 3 o `o ° 3 O en en c o t0 L ° Z o e m �. o 0 L m •0 E •c a ' o—° v o c E 3 m m t E E o rn c m r N o m v E w E m O N m N R C a C n E '�`�� E: U U 0 N .m.. m 3 C V C Q L d •° "O E cb T 0 0 .� v o o m m 3 m o .- m -0E m° m y NCTnNII" C 75 A d 0 7 Co m NOm aNt0 A m 2 m c7 a • C . E EU 3 > OA ydNN1- p 3 OA^ O Q NO m mNCm COOm LLgymEw C goU0 mU�'" 0 > O O 3 Na R U U N 'a`A A/ N0 m ca C Up GU 'OCof CmW m YN ym kDFnCms m m ° y c0n XO 0 m m ~{¢ m u> c c m o 0 E m w •W >> c c d G C m 3 '-' m U O = B N O C30:L p n C a U m N n O' >, m m C a m C ca 0 N m V 3C may, v 4 O .O 0V = N m O m Ll > °' .m+ m _ E N 3 C N = ti C O O. Q d O 6 ° U 'n `m m L N N a a C n X N a c O R ° 3 C y U y SAM V v '` m N m o. E m O U a s E o N `o a e L t ° �i o R m m 'a m a o vFo C/y V jy�k Eq F 'et. -o m C C d o a m c o N m W 3 `1 m U N a N N o R E 3 N c o 3 umi =- O C N O U1 a c X `m c m m E 3 O a m U n y V O � °f O 'ru cm E Om =0 E E 0 oCCCC 0 o ov m,a O aaN 0 1 O o cOV m EEmEmEUmmm ycmw 3NmE `om .L c o 3 0 m o 3 m ° 0 0 n c m co W n m m Em oE 0 o c o` O Qc 65 O �. Cr a 0 Q a W a N U a �6 O N M V Lo 0 f� N m N r v E LL a = M 0 N ca a d y R m W H J m N Z c Orn a� rn � w� N O Z LU UJ Z W 0 ) W �a Z OZ W 02 W 1.-0 02 wui ui 0 a Q QQZ OO �Y m U 00 M m � J OLLJ W F- L) LZ �U W 2 (D0 Z U) N W U w U Q m = o v 0 co v V O C N W 1-: N co d' H r m W j O N O CD OD O _ E2 O o W c CV �- O p J _Cml 0 0 N OO N 0 co m U vs vi ° 0 0 O U) US E» Q vj `0 O W 0 0 � a O m fR � � o m E c U O O CO c') O 0 0 LU 10 U) c m 0 C.Oj I '� a 0 m E o m rn U Q E9 C U = - c a) 3 C m U o 0 O 4 O O CV C c m 'O C6Q y .�. N O O C^O. O C,C) a LU co Vi fA Y C ° C N C "- N y ° 'y °� y 0 E o Yj V w a .o tiF N m oC Q R p o co N ` rz N "°" c R O V O In W ypy w m N o 4i > .� a Oc m E 'c m 0 E LZ U>m aI m V X _ Y 0 a) d C a C C _ O O O O O O O V3 > d d N C R m upi d tD y a r L y—'y a C C C d) C C O O 3 E S1 N m y d N 0 o ° ci Cl) o X o g= U y o f a` o s» E v 0 2 > a c `m c L m� m c d y Cm d N Y C O N O O) R y I t '0 0 m m 0 y'o U .o a n ° m > > c °� Y .L... .O .°a a `0 '3 A .I0�iQ d y y ai m m C a Mcc m p •O 3 0 A 4 A ° m ° c m °LE o A m Y yN A 6�� t O 0 O C 0 COy ca w YymtpUi A A 3AS NO a Omx .m UO O O Xw° m j �yc d> o E ° E mapyVEm.4CmaN_= )n H SE. c c RC`i'E ,3oc00 c E0. v O ID icmm O0 a) oy O 0) ,od �am > i= c 2 mm U y> cncU .O 0Ow yo ,o N cUCCO o yo v 4) y 5 0 U C N m4 a) p O ` a > a) �O > N N0N OmU aR E `V y 0 Om E >`C c O a) E G m O y Og v _Eo 0 C0 0yc cNU O N W wAt ccmQQ°, CO) '0 .2 m m A o`0 o .N � 0 ON' y LC d -OV -o aio o O0 Nc m m M a.a0i c > L 0 U m 0 �- Eo Ci a um oo 0i clicE - zg, n °°n E U U Q LL n. = a = a i t fn O w U H J m � Z M } cn a� w w� � N Z W Z C) Z V U W O W M J m d W Z= Q F d' QNQ O Z Y XU2wOz W W> OR W F"R>?iU YWM�F=- M V W = N WO;iw LL<ZLL QO Oz —LLN Z Y V�YWH O0 m n Q M W LLO -� O [n _ vz a W U LL O W ZU) n w h w fq Z W 0 C6 W U w COU Q m co 0 M N 01 co LL OO cU 61> co co W m N co `1 o o 0 0 C O d O M O Mc0 N M N M r O { N co O) o N6% Q W { V O �'T IND M : r m r co M _ N N M p 0 c00 M O oz N O co o o :�.- r m F = N O N r NIt 75 U O CD O m co r U3,W. M N r d' c6 t[i O O co (D (00 D Lo O O N `i.2 N N MO L m 60s 0 O 76 ~ o Z p N O O I O 0 N W o N O N O O O O. U C N « INlJ N M Ps o O (M o» 'o c 6-� 0 S_ y_ o ")co o U 1 a- 0 0 0 0� oca� c m m C '• .L.. J O O N C 3 w N � O co 0 gU 69. y15 co Q 0�c -- li N c N O7 k O N 'V' - N N Q M OO N m� N M= m N V: o) -q M r ao` W co m d ? m Cl)m 6s 69 0 m - O W F. O L `- 9 O 16 2 609 Ccn CD 04 O O y = y J U a >. ._ W o U c c L N N o o r m S .. E o N c p o 0 0 o m .: 7 D) O bpCA s N Lo 3 oO l0 o O) t J N N ' 0 0 J C _ U«100 N : O (p0 m O 0 0Lri m E L N« O N U « N N Oct M o &'. c0 N O 64 69 O > l6 U d � C y C m, m C N cp "m0 _T N V V 5N' C 3 rn W Q l6 R C U N L N o O J G N ..0.. ,gym; 3� N � u c m 3 c a N a) v `" a o o m d A n� Z@ a c u P O G O O N R cL R A `>` O N O O. .vm- Y -N C > Y A A �'a 6 m m o v o y 'm 'o. `° E p !g o o o co O _rn U Q Of U 76 Hm 3 w rr J S 9 U u W L m c a 2 d= t°- v o d E m N o a Ld c m= N .N E y N E w= E o o v a) .''s o c m m m O a U N O N m v' Q o o o v , v Vt-4 Y� E m m c a Y R E c — a c m N c p. lu fN. .m. O« w N N a° E U N N N N N O R O N h R m O« V C C C U bm C a O o C O O C N TO U C O R O of o c w g N E a m o o —1 m E n c6 L m > d a o E E a p, m L t J U J N C O N J w a` (n ¢¢ 5 m` a` u) o a S o Z W a` n E U U Q U Q a = a = a = a = co 0 M N 01 co LL r � q U W J m Z iy Oa o. LLJ� � N O N LU ZH Z_UW C7�S w S y LLI tQXnOW W0) W U W Z 0 Y�Oaw 0 LU Z m U LLI :D W O Q U LL ZW� 0 M F - MZ U � V Mu U °moa 0 U .L W j W U 'w F- V ZO N d' W LU Z O Z W is 01 EU CL O O N O O O O O O O O O O N O O O O O O v M 64 O N co N O O N (O N co O O ? N I- V m OO O 69 n 69 N N 69. Cl) M N N 69 f9 - 64 E9 M 69 69 6Y (0 Nf9 V>6% 6% 6903. 69 6 4 O F 3 J i I m 00 m m� o m s 5 -- E E L L L L C OO. .7 .E 0 0 0 0 0 W O O N N N 2 Q. 6) d Q Q m 6) 0) 6)G fl. o. Q m C a Q Q Q Q Q Q Q Q Q O. fl. co M U) (f) O O O O O O O O O O O O O O O o Cl? M U0 N .- r O O O O O O O O O O O O O O O o N N O O O O V Vr 00 c0 O O (O O O O 64 69 69 W. 69 6). O O 64 6I 69 4I 64 6% O O M 69 N 6% 69 N N N N N E _N N 0) `E N N N N N N O O` N 0 rn ca m C C j N N N N N 4) N N N U1 O O U) U) (D a a a s M (Q g == O O O O O O O O O O O V to N O O O O O N O O O N co co O O (o W M c0 N Cl) N r co N r W& z = a d x N vQj OQ c cu C5 s c e N o rn 0) 3 + Ef: oUi 0 a °- a O co a G �-s A RE w L C d) a m i U U= E O E£ > N U Q 3y,3� b E$U N o Ln N L y N m U C E? OC fA E Q O > U h R LO ` E N uy K 3 m 0 Q 0 O E w m a o H CL a m oE c o T m rn 00 o N t N (0 NW 0 N A;�O N II co - E �^- p) C) C " O- 'O a f O d cc N CLCOL v v N w y w `o a N p O L X U Q 'C U N C E V W Q L O N W x (6 0 C Q O ` d �n m m ° m n rn o c o a o ,c w -6 N N L` LL 0) d 5 3 (n O O a O Q (4 O T $,9 m m E - x R a a D E U a _ q N C U Q U a U a v a U a U¢ U a U a U¢ U a x 2 1 a x a x a x a= a x a= a x a x is 01 EU CL t. fi 1 W m Z A �o LLI� N C O k Z N LU I.- W 0 , S WWNYW I.L a0U N 3: � OWNLU gV2m0 N = ui W O Y�On.W UZ d W d IL Z m0�-1O �WLLIMp JCD U LL<0 Z Z W .=� Z U V U °w0 CO) LLI O C W Z W U W >U LLJ V Z O W W Z_ O Z W O O O O O O O O N N u) i m Lo O O N V' O 6% Ym o o b NF v> 6%04 76 69 z; a� H9 6M F M --1 � A 3A:, N @4 ii?G: O N O ; r Fn _ s ffil T>. a s T T —— M NEI `m i m a s a`1 a s d c a s a s PlE =ti 0 0 RVI co W 0 0 o o o 0 T 0 0 ;. o N N i"�. e> v> v» v� �> <» f» 6-3. Sys a> N N N N N N N N 0 0 F- t- D O x OD (D eD N N co O O {� I i %ay i PER <. {'. Too5 Fir NN ° C C w u) x: C M w L t'". m w o ° 0 3 0 °::'H rn y i O M - O x C t Qy m N 'O a N fl. { E N C w ..0.. p aAFF N O d C Q. O d 'p o 6 ly0 (n n X o Y L'. : a+y" N vY .L Q „T, D1 C L 01 !00 jn C o a o Eo O N O U `7 11 fl. N d W Z 's: ,iig ° (0 3 d N a J N Q= '$� to O C ° 2 O a '� O O. N Q. 3 R O 3 1- _ m o oD .4 a N ? W C O- w O E .(D N O > lQ E 7 G Y C (6 N X42". V- z xs� 3{x E N E O C N C r`2 E� O fq C d N f0 E L E N � O j - L { �;. �. O 'y O y ii E m N O� N c u) a x a x a x a x £. m`D o D N tD v 0 N ` =* • Resolution No. 2001-R0297 EXHIBIT A-2 SUPPLEMENTAL CONSTRUCTION PERIOD SERVICES TASKING, MAN-HOURS, REIMBURSABLES, AND SUBCONTRACTORS ,► « a 4 Z O U F z Z U N � w LLI H N J N m W N Z (7 Q d m Z i V)COuiA Q W. rn J3 co N Yc LLI ZL Z_ U m �= LL, J Z O M J Waawix LLI LU LZ NOW OI - p>3: :) xt10M V) :5 wof-_mO LL Z W = N LL0¢a�YiJ O W ? m Q QLL F U Z Q OZ aYPQ DOmw M F D a, OD y0 OW = J i -J a Q 0 OL Z O co U Lli > H cL (W N N {Jl ZLU W U W w ZLU C0 iL Q z Z LU G V J k a "g a N x r m O N O N a W O R , \ F O O� M OO N V O O O O O o m N M U ua vi O O O O "•' � m o o a' `mU O 2 o Od m U m u C N m ^ M L O '� N p U W o p a O �S o o c m o c ' U coo WLd 6o. E 3 o .., a `o t V _ N O n a R C m o m0 E '5 R ` g v c o E o c .� t0 N U �E- Zl O O R m N r y � o Z O O 4 Ol O O D E - C CN'l co- m m 1z U O W a0 W i9 M �. LL"' V 3 o C p o T U m d N 'O GG V 'o O N E m Y L >o v� oE o O m d $ (n o W Q o �_= o o c d $ (L a m o o o o E E E L« N b d d m m ¢ moM_y� «a a c o£ o m _� L m = o m O N W O O r C V N ? y N O O 3 N .N- T 19 �O eA d M o 0 'Ym c tJm o Ol E O M e> N m d m z �5 m R a m c o T L Y o G 3 N i o R « m 4 l0 _ C 77 o t m o c �' E E ° o ' o w m a o W a 3 3 O N r 5 O 3:o- m 9 C N 2 y R m _.: m 1 c R 2 A 't7'' o �' C V O O N 'O w tUil 0 oo E z a O h,i'. i n >. o c A v 12 A ^ E w V m- m C- L% 3 y« do C O O m L 16 C C d' A v N roil p 7 L p N H Em O E �' A 7 3 O O y, E T �: O O y r ro 'Y. N D�.: N., E N N O? .. E E E ami o m d , m o' `_ 3 d R j o N N m 'Z O O v. v q (n �, $ ".i 2 c c m .a f `o R 'o '�,mi ;°a ° r af: pm v m. m Al v o a 0 o .,oma o m m m d v m E L m 2 p c c -� m m y m D fs' {/}. v a v a`>� [A d H 1} a a a Y i R R R p o`.- o c E n c 3 0$ G 3 o c a ;o_ v p v d R c o m v q "i c c c R 3N ca m m E- gq o o m m v a£ '- R R c Il. O N N y 3 A P" c O N C O o o aE+ v w cpi c C: c _o c o yLm. v c a.... C. c v c o C c c col c o m y L ,c S gyp.. p ul O Y L_ Ed N oo m LIF p L E .O i 3 m o U O O E Z a5 - L L 3 F- F '_ 2 fn a1 L C a w 'o, �is4F. Q a u) .LR - L 3 ¢ ¢ d U E a x d x U ¢ a z U ¢ a s U ¢ a z N O N a Z O co z 0 LLI LU P I.- LLI z 0 LU m Lr. 0 0 UJ Z 0 w F- co Z u co O ui Z 0 W x i- < 1 IL LU M F - (n :c Z �- A UJ Z LU Z m 0 LU 0 1.- P: > �: :1 U -0 Zm X o X (L c o P � :3 o 0 U) — 0 L, M z ui :� 0, M 0 Q Z �d LL 0 < < U) 0 Lu 3 m < � (D < U. C5 < M 0 Z io uj z P < < W oo*m M P n CO 0) 0 0 LU :�- z CO) < 0 LL. Z 0 Wcl) LU LLI U F- M p Lu 0 U) (4) U) LLI 0 (6 uj 2 ui > w LU O CO) z ui L. LLJ n W -j (L LL M (n 7ft SIZ -2 V7 cIf o 0 0 E2 < 0 T: o wq cR F - w W LL, aO . < vs C X". ct w w m (j) Lu EL p o o u) E 0 O rol, H E v I E o o A M,", A Ag" A A 0 -N -a A A E E (1) u) w [L x IL x ff E A5,"'J9 v v I o T V �Ilil S v v o v ,mA �q v v z Ila m oL P" < a. u3 V- 0 C14 V- 0 C14 (n W J m O cn Z F ILW F tD Nm Z w 0 WU W Z e W Z H E5 0 W r uj W W y N 0 Y W a 0 Q rn?:Z X O 2 m rjoLu 0 5-0 0yawD m Z - I J J0Lu U(7QQ U- 0 0: r0 Z 0: LU W �m0tto oca Lu co 0 -j ui wJQ2_ 0 K 0 W 0 z uj 0 0 U Q h 2 Z N O 0 C J Z a W LU Z to CD Z W O(OD O W S N 6% O O O S W ��py M O M N {a 04 V O N fA fA N ' ((D� 00 £O I� N N tp H! fA fA N M FO M Of C? ''. R y�,. Fq�gg•, t ;s { W41 F I^ � m m a s E E E n w w n n a n a nEE n n n n °° n n ate; ch th O O O S S O S S $ `o ,a TI ` CD 1D co CL W L mrn E as N N as 2 2 o o pp�pO� S `` O N N O O O (OD r N 7m. � N x W t. n C r U y rtix y :. N d xLU u E a o E 2 h. Gv — co ani vi _y C CL CO CO w 1 U - a a N a o d a o o m N CL ro a v r d c A" '5 E 41 U 2 O y C Y 3 y n G a a o > :� 00 m y W N L y 'y0 S§ VI ? m d E {O O N d N N +£ O E d N W ° X E a s 41 - `D o o "1 > > o x a LL-s.�, w� � rn r Q) � co coo d� a� di �� ;' y Resolution Na. 2001-RO297 SCHEDULE BASIC CONSTRUCTION PERIOD SERVICES SCHEDULE m mmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmm CD Q C m A X y m CD Sr CD CL c X to 1 m n CO) S 'o. c n= pm z �� m cr- r Hca o O W m 0 Zpr o m0cm: N ova '*p�v c my -i wpm 05m o m3co oo �mm 3 m � s CL c , t, , I `. N 111,1111111111111111111„1,111© 11111111111111111111111��1�111© 1�111111111111111111111��1�1110 1 111111111111111111111��1�111© 11111111111,11♦111,11,1,1110__ 11111111111 111111 ,���, ��1110 1171-117'J" 171" .11110 11111111111 1 1 ? 11' �1111��1�111© 1111111111 £11 111 {111111111110 1 11111111 .1 1 :11 .11111�1�111© 1 111111111 M 1 1 11� 1111��1�111� 1 111111111 T'.1 1 ♦♦t �:+1111��1�1110 ♦I11111♦I♦1 11114 ::1111111§111© 11111111111.1 1 IF IIIII♦♦♦♦ta 11111111111 `1 111 ♦♦♦♦��♦�♦♦♦a 11111111111$1 ♦ 11 11111111111 ♦ _�♦♦♦♦♦♦♦♦♦�♦♦♦a_ 1 111111111x♦ 1 11111111111110 11111111111 �1 1 �11� 1111��1�111� 111111111111 1 ��♦♦♦♦♦♦♦�♦�♦♦♦a 1=1111111111 1 ♦♦♦♦♦♦♦♦♦♦♦♦♦a 11111111111�1111111��1�111© 1111111111 ��1 1 � 11 ♦♦♦♦��♦�♦♦♦o 1 111111111 i��1A�11�111111�1111v ♦ 1111♦♦♦ .m1111111111111��1�1110 1=1111111 ♦11111I11111II1I111© 1 1111111_ ♦♦♦♦♦♦♦♦♦♦♦♦♦��♦�♦♦♦o 111111111X11111111111♦11111111© 1 1111111 1111111111111��1�1110_ 1 1111♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦��♦�♦♦♦o- 1111 �111111111111111111�1�111© 11111111111111111111111��1�111© m CD Sr CD CL c X to 1 m n CO) S 'o. c n= pm z �� m cr- r Hca o O W m 0 Zpr o m0cm: N ova '*p�v c my -i wpm 05m o m3co oo �mm 3 m � s CL c , t, , I `. N