HomeMy WebLinkAboutResolution - 2001-R0212 - Agreement For Engineering Services - Parkhill, Smith & Cooper, Inc. - 06/14/2001Resolution No. 2001-RO212
June 14, 2001
Item No. 38
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, an Agreement for
Engineering Services, by and between the City of Lubbock and Parkhill, Smith &
Cooper, Inc., 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 14th day of June , 2001.
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ATTEST:
Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
Larry Hertel, P.E.
City Engineer
APPROVED AS TO FORM:
William de Haas
Contract Manager/Attorney
Dh/Ccdocs/Parkhi I (,Smith& Cooper. Engi n eeringServi ces. res
June 5, 2001
AGREEMENT
FOR
ENGINEERING SERVICES
Resolution No. 2001-RO212
June 14, 2001
Item No. 38
THIS AGREEMENT, between the City of Lubbock, Texas (hereinafter referred to as Owner) and
Parkhill, Smith & Cooper, Inc., with principal offices at 4222 85'h Street, Lubbock, Texas 79423
(hereinafter referred to as Engineer):
WITNESSETH:
WHEREAS, Owner intends to provide drainage facilities in and around Lake No. 24 (Miller Park),
named as the "Miller Park 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 a design; 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 June 14, 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 in accordance with Attachment B, Compensation, which is attached
hereto and incorporated by reference as part of this Agreement, and compensation for Design
Services shall not exceed $55,982.00.
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.
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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.
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
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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:
Premises and Operations
Explosion and Collapse Hazard
Underground Damage Hazard
Products and Completed Operations Hazard
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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.
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
4
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 851h 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 parry 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
5
disturbance, sabotage, 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 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 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.
0
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.
APPROVED AS TO CONTENT-
La4Herte<.E.
City Engineer
APPROVED AS TO FORM:
William deHaas
Contract Manager/Attorney
CITY OF LUBBOCK, TEXAS
7
Windy Sitton, or
Attest :2�
Rebecca Garza
City Secretary
PARKHILL SMITH & COOPER INC.
By: Attest _
Joh S. Kelley.-P.E. Robert H. " o ly" Holder, P.E.
Firm Principal Firm Princ' al
Resolution No. 2001-80212
ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Lubbock, Texas
Project: Miller Park 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. BASIC SERVICES
A. DESIGN SERVICES
1. Design services as defined by the tasks and man-hours in Exhibit A-1. Within
the tasks and man-hours defined in Exhibit A-1, the general description of
services to be performed are:
a. Coordinate with City Staff the design concept of the proposed project.
b. Prepare plans and details for up to 14 inlets for interception of nuisance
water.
C. Prepare plans and profiles for storm sewers that will connect the inlets in
Item b above to the South Central Lubbock Drainage Improvements
project.
d. Calculate pipe loads so that supporting pipe strength is defined.
e. Prepare miscellaneous detail sheets.
f. Use existing South Central Lubbock Drainage Improvements Project
specifications inasmuch as feasible.
g. Assist City staff with evaluation of Contractor pricing for the work.
h. Follow preliminary layout of system as shown in Exhibit A-3 inasmuch as
feasible.
2. Surveying services as designed by the tasks and man-hours in Exhibit A-1.
3. Deliver to the Owner two (2) reproducible plus thirteen (13) non -reproducible
copies of drawings and technical specifications developed for the Project.
4. Deliver to the Owner one (1) complete hard copy and automated copy of any
supporting data and calculations developed during the design of the Project.
5. Deliver to the Owner disks containing the electronic files associated with the
design of the project, including the supporting data, plans, specifications and
A-1
opinions of probable construction costs. Such electronic files can be combined
with the electronic files for the South Central Lubbock Drainage Improvements
Project.
6. Deliver to prospective Contractor up to 10 non -reproducible copies of drawings
and specifications.
B. ADDITIONAL SERVICES
1. 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.
2. Additional Services may include but are not limited to preparing permits as may
be required by the Corps of Engineers (COE) or the Environmental Protection
Agency (EPA) or such other regulatory agency. The extent and scope of such
services can not be fully defined at this time.
I 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.
4. Additional services may be authorized by a notice -to -proceed in writing from the
City Engineer and addressed to the Engineer.
A-2
Resolution No. 2001-RO212
ATTACBMENT B
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Lubbock, Texas
Project: Miller Park 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 June 30,
2001. If start of Basic Engineering 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.
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7. The Engineer shall provide adequate resources to complete the services
described herein within 75 calendar days of the date of the Owner's notice -to -
proceed. The attached schedule can be adjusted based on the actual date of the
Owner's notice -to -proceed.
B. BASIC ENGINEERING SERVICES
1. The maximum billed for Basic Engineering Services including personnel
services and reimbursable expenses for the Engineer and Subcontractors is
shown as follows:
Parkhill, Smith & Cooper, Inc.
Hugo Reed and Associates, Inc.
Surveying
Basic
Personnel
Services
$ 44,514.00
$ 276.00
TOTAL BASIC ENGINEERING DESIGN SERVICES NOT TO EXCEED
Basic
Reimbursable
Ex enses
$ 3,192.00
$ 0.00
$ _ 8,000.00
$__55,982.00
2. The Engineer shall start the performance of the Basic Design Services within
ten (10) days of receipt of notice to proceed and will complete the Basic Design
Services within 75 calendar days. A schedule for Basic Phase Services is
attached as Exhibit A-2.
C. 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.
M.
Resolution No. 2001-RO212
TABLE B-1
PERSONNEL SERVICES RATES
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Lubbock, Texas
Project: Miller Park Drainage Improvements Project
COMPENSATION RATES
Hourly fees listed herein will apply for the term of this contract.
A. PERSONNEL SERVICES
Category of Personnel $/HR
Parkhill, Smith & Cooper, 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/CARD Operator
55.00
Clerical
37.00
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B. REIMBURSABLE EXPENSES
The following expenses are reimbursable:
L 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.
S. Cost of acquiring any other materials or services specifically for and applicable
to only this Project.
Resolution No. 2001-RO212
ATTACHMENT C
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Lubbock, Texas
Project: Miller Park 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. Bear all costs incident to compliance with the requirements of this Attachment C.
C-2
Resolution No. 2001-RO212
EXHIBIT A-1
BASIC DESIGN SERVICES
TASKING, MAN-HOURS, REIMBURSABLES, AND SUBCONTRACTORS
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+ Resolution No. 2001-RO212
EXHIBIT A-2
SCHEDULE
CITY OF LUBBOCK, TEXAS
MILLER PARK DRAINAGE IMPROVEMENTS
BASIC SERVICES DESIGN ENGINEERING SCHEDULE
Description
June 2001
1 ul 2001
August 2001
3-9
10-16 17-23
24-30
1-7 8-14 115-21
22-28 29-4
5-11
12-18119-25
26-1 ji
Estimated Notice to proceed late -May or early -June 2001
Preliminary items with City Staff
Coordinate acquisition & analysis of design data
Engineering Surveys (schedule contingent on lake water levels)
Aerial mapping
DTM (from surveyors data)
.. '
Set-up plan -profile format
"
Detailed design items
Structural analyses
a,
Pipe strength analyses
QA/QC
Detailed design items
Preparation of plan -profile drawings
x 3
Preparation of structure specfic detail sheets
=
Quantity Take -Offs
Evaluation of Contractor Pricingz
File arrangement and documentation delivery
Resolution, --Nd. 2001-R0212
EXEIIBIT A-3
MILLER PARK DRAINAGE CONCEPT
�rver Print Page
,ioft TerraServer Dj
mplay Image
cock, Texas, United States 19 Dec 1995
Resolution No. 2001-80212
USG S Aerial Photograph
ATTACHMENT 3
MILLER PARK CONCEPT
tir v e, .J -1,3.rn e a dv is or. nisr, c o, --m /pr Inti., -n a 'ge, asp? S= 0 & T= 1 & XY= 18 5 6 6& 7
Dec 1995
ogic-�j Si
U
I - , v
J
Resolution No. 2001—RO212
AMENDMENT NO. 1
TO AGREEMENT
CITY OF LUBBOCK, TEXAS
AND
PARKHILL, SMITH & COOPER, INC.
FOR ENGINEERING SERVICES
ENGINEERING SERVICES FOR STORM DRAINAGE DESIGN: Miller Park Drainage Improvements
Project.
THIS IS AN AMENDMENT TO THE AGREEMENT DATED June 14, 2001 and entered into
by and between CITY OF LUBBOCK, TEXAS hereinafter called "Owner" and PARKHILL, SMITH &
COOPER, INC., hereinafter called "Engineer", of 4222 85"` Street, Lubbock, Texas, a corporation which
is duly chartered under the laws of the State of Texas.
Owner intends to construct a storm drainage system.
The purpose of this amendment is to establish the Additional Services and Compensation for professional
services associated with Basic Engineering Services. Additional Services and Compensation are
described in Attachment A and Attachment B.
Executed in two counterparts (each of which is an original) on behalf of Engineer by its Vice
President shown below, and on behalf of Owner by its Mayor this 18th day of June , 2002.
CITY OF L
am
Mayor
Attest
J� -&4 t�� --P-
Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
Larry D. liertel, P.E.
City Engineer
1011tH R14Y:MIIM
ENGINEER
PARKHILL, SMIT R, INC.
By
Edwin E. "Butch" Davis, P.E.
Vice President
APPROVED AS TO FORM:
William de Haas
Competition and Contracts Manager
.e.
ATTACHMENT A
TO
AMENDMENT NO. 1
TO AGREEMENT
CITY OF LUBBOCK, TEXAS
AND
PARKHILL, SMITH & COOPER, INC.
FOR ENGINEERING SERVICES
Owner: City of Lubbock, Texas
Project: Miller Park Drainage Improvements
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.
1. , BASIC ENGINEERING SERVICES
A. Basic engineering services include:
1. Review and revise Contract Documents as defined by the tasks and man-hours in
Exhibit A-1.
2. Revise design analyses as defined by the tasks and man-hours in Exhibit A-1.
3. Revise construction drawings as described by the tasks and man-hours in Exhibit A-1.
4. Revise and produce specifications as defined by the tasks and man-hours in
Exhibit A-1.
5. Attend pre-bid conference as described by the tasks and man-hours in Exhibit A-1.
6. Assist with addenda issuance as defined by the tasks and man-hours in Exhibit A-1.
7. Attend bid opening.
8. Assist with bid evaluations.
B. Additional Services
1. At the request of the Owner, the Engineer will provide Additional Services as included
herein or upon agreement between Owner and Engineer defining the extent of such
Additional Services and the amount and manner in which Engineer will be
compensated for such Additional Services.
2. 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.
3. Additional Services may be authorized by a notice -to -proceed in writing from the City
Engineer and addressed to the Engineer.
ATTACHMENT B
TO
AMENDMENT NO. 1
TO AGREEMENT
CITY OF LUBBOCK, TEXAS
AND
PARKHILL, SMITH & COOPER, INC.
FOR ENGINEERING SERVICES
Owner: City of Lubbock, Texas
Project: Miller Park Drainage Improvements
COMPENSATION
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 and perform the services in a good and
workman like manner 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 June 30, 2002. If start of 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.
B. MILLER PARK DRAINAGE IMPROVEMENTS
L. BASIC ENGINEERING SERVICES
a) The maximum billed for Basic Engineering Services including personnel services and
reimbursable expenses for the Engineer and Subcontractors is shown as follows:
Basic Basic
Personnel Reimbursable
Services Expenses
Parkhill, Smith & Cooper, Inc. $ 19,927.00 $ (339.00)
Hugo Reed and Associates, Inc. $ 0.00 $ 0.00
TOTAL BASIC ENGINEERING SERVICES NOT TO EXCEED $ 19,588.00
b) The Engineer shall start the performance of the Miller Park Drainage Improvements Basic
Engineering Services within ten (10) days of receipt of notice -to -proceed and will complete the
Basic Engineering Services within 30 calendar days of the date of the Notice to Proceed.
2. ADDITIONAL SERVICES
a) Additional Services must be authorized in writing by the Owner.
b) The maximum billed for Additional Services will be determined by mutual consent before the
Additional Services are authorized by the Owner.
c) The Engineer shall start performance of the authorized Additional Services within ten (10) days
of 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.
-2-
TABLE B-1
PERSONNEL SERVICE RATES
AMENDMENT NO. l
TO AGREEMENT
CITY OF LUBBOCK, TEXAS
AND
PARKHILL, SMITH & COOPER, INC.
FOR ENGINEERING SERVICES
Owner: City of Lubbock, Texas
Project: Miller Park Drainage Improvements
COMPENSATION RATES
Hourly fees listed herein will apply for the term of this contract.
A. Personnel Services
Parkhill, Smith & Cooper, Inc.
Category of Personnel
Rates ($/HR)
Principal -in -Charge
$
130.00
Project Manager or Senior Professional Engineer
$
108.00
Professional Engineer
$
81.00
Engineer -in -Training
$
75.00
Technician or Designer
$
65.00
Drafter/CADD Operator
$
58.00
Clerical
$
28.00
Hugo Reed and Associates
Category of Personnel
Rates ($/HR)
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.
- 1 -
e=
EXHIBIT A-1
AMENDMENT NO.1
MILLER PARK DRAINAGE IMPROVEMENTS
BASIC ENGINEERING SERVICES
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