Loading...
HomeMy WebLinkAboutResolution - 2012-R0071 - Agreement - Parkhill, Smith, And Cooper Inc. - 02/09/2012Resolution No. 2012-R©O71 February 9, 2012 Item No. 5.5 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement for Engineering Services, by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., Texas, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on February 9, 2012 TOM MARTIN, MAYOR ATTEST: pw�� Rebc ca Garza, City Secreta APPROVED AS TO CONTENT: 11-u "'j, LLL'j- Marsha Reed, P.E., Chief Operating Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw: ccdocs/RE S .Agreement -PS C January 17, 2012 Resolution No. 2012-R0071 AGREEMENT FOR ENGINEERING SERVICES (CONSTRUCTION PERIOD SERVICES) for PrEtject #92217: 34`x' Street from Indiana Avenue to Avenue Q 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 reconstruct a thoroughfare street on 34th Street from Indiana Avenue to Avenue Q (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 the engineer of record for the design of this Project (Project #92217, Resolution No. 2012—R0071 ) and 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 I - EFFECTIVE DATE & TERM OF CONTRACT The effective date of this Agreement .shall be February 9, 2012 Unless amended. the ENGINEER will complete all work under this Agreement within twenty-four (24) months of the effective date, as shown in Exhibit B, Basic Construction Period Services Schedule. 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 $ 988.091.00 without authorization by City Council. 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 b - 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 potential liabilities that may exist during the performance of the Services, the benefits of the Project, and the Engineer's fee for the Services, and in consideration of the promises contained in this Agreement, Engineer agrees to provide the indemnities set forth herein. 7.2 Indemnification. Engineer shall indemnify and hold City and City's elected officials, officers, agents, employees and independent contractors harmless, to the fullest extent permitted by law, from and against any and all claims, demands, damages, costs, liabilities and expenses, and including reasonable attorney's fees, as a result of, related to or arising from Engineer's negligent acts, errors, or omissions. The indemnity provided herein shall survive the expiration or termination of this Agreement for a period not to exceed three years, 7.3 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 to the extent permitted by law. 7.4 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. 2 ARTICLE q - 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 Agreement, 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 Agreement. A. General Liability: Engineer's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $1,000,000 each occurrence and in the aggregate and shall include the following: ■ Bodily Injury and Property Damage ■ Broad Form Contractual Liability ■ Personal Injury and Advertising Injury ■ Fire legal liability ■ Products and complete operations B. Business Automobile Liability: Engineer's insurance shall contain a combined single limit of at least $500,000 per occurrence, and include coverage for, but not limited to, the following: ■ Bodily injury and property damage ■ Any and all vehicles owned, used or hired C. Worker's Compensation and Employers Liability Insurance: Engineer shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. Any termination of workers' compensation insurance coverage by Engineer or any cancellation or non -renewal of workers' compensation insurance coverage for the Engineer shall be a material breach of this Agreement. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Employer's Liability with limits of at least $1,{){}{},000 each accident, $1,000,000 by disease policy limit, and $1,000,000 by disease each employee shall also be obtained and maintained throughout the term of this agreement. 3 D. Other Insurance Requirements Engineer's general liability and auto liability insurance policies through policy endorsement must include wording, which states that the policy shall be primary and non-contributory with respect to any insurance carried by City of Lubbock. The certificate of insurance described must reflect that the above working is included in evidenced policies. E. 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 I 1 - 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 the Owners Representative as set forth in the Construction Contract. 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 he 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 Agreement 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 Agreement and shall proceed to cancel promptly all existing orders insofar as such orders are chargeable to this Agreement. The Engineer shall submit a statement showing in detail the work performed under this Agreement 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 Agreement, less all payments that have been previously made. Thereupon, copies of all completed work accomplished under this Agreement shall be deliverer[ 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 Agreement and cancel all orders pursuant to the Agreement, 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 Agreement 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 or determined to be public information pursuant to the Texas Public Information Act. Engineer shall not publish or disclose proprietary information for any purpose other than the perfon-mance of the Services without the prior written authorization of Owner or in response to legal process. 4 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: Edwin E. Davis, P.E. 4222 85`x' Street Lubbock, Texas 79423 To Owner: City of Lubbock ATTN: Wood Franklin, 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 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 of 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 SOLELY BROUGHT IN LUBBOCK COUNTY, TEXAS. 5 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 ANIS 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. ARTICLE 20 - SUCCESSORS AND ASSIGNS Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators, permitted 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 clue) 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, subject to Article 22, shall prevent Engineer from employing such independent consultants, associates and subcontractors as he may deem appropriate to assist hint 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. 6 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 CONTENT: ATTEST: Tom Martin Reb -ca Garza Mayor City Secretary APPROVED AS TO FORM: Chari Weaver Assistant City Attorney APPROVED AS TO CONTENT: Wood franklt, P.E. City l7'&gLr1a16r PARKHILL, SMITH & COOPER, INC. By: LAttest 4., C A�C� win E. Davis, P.E. Kerry filler, P.E. Firm Principal Corpor•kJ Associate 7 Resolution No. 2012-ROO71 ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES (Construction Period Services) Owner: City of I.,ubbock, Texas Project #92217: 34th Street from Indiana Avenue to Avenue Q 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. 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: I. 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 recommended by Engineer which is signed by Contractor and Owner to authorize an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract. Times, issued on or after the Effective Date of the Constriction 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 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. A-1 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 atter 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, 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. RIM 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 Date of Substantial Completion shall be determined by the Engineer and Owner as the Date that construction is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work for the use for which it is intended. Minor items of Work may still remain to be completed following the Date of Substantial Completion, such as minor repairs, aesthetic items, and final cleanup. 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 Documents which amends or supplements the General Conditions. Also may be referenced as Special Conditions. 31. Werk—the entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents with respect to this Project. Work includes and is the result of performing or furnishing labor, services, and documentation necessary to produce such construction and furnishing, A-3 installing, and incorporating all materials and all equipment into such construction, all as required by the Contract Documents. 32, Work Change DirectiveA written directive to Contractor issued on or after the Effective Date of the Construction Agreement and signed by Owner upon recommendation of the Engineer, ordering an addition, deletion, or revision in the work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract 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 nontechnical rather than strictly construction -related aspects of the Contract Documents. Il. 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 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—Participate in a Pre -Construction Conference prior to commencement of Work at the Site. 4. Engineer shall develop, implement and execute a written protocol for promptly notifying the Contractor and the Owner whenever the Engineer believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made, and advise the Contractor and the Owner of that part of work in progress that Engineer believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Engineer will not be responsible for decisions the Owner makes that are not in agreement with the written recommendation provided by the Engineer. 5. Visits to Site and Observation of Construction --In connection with observations of Contractor's work in progress while it is in progress: A-4 2 7 a. Engineer shall furnish a Resident Project Representative ("RPR"), assistanL-;, and other field staff to assist the Engineer in observing progress and quality of the Work. The RPR, assistants, and other field staff under this Exhibit. A shall provide full time representation when primary construction work is in progress or may provide lesser representation to a lesser degree when full time representation is not required. b. Through observations of Contractor's work in progress and field cheeks of materials and equipment by the RPR and assistants, Engineer shall endeavor to provide further protection for the 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. RPR will report. to Engineer, and Engineer will report to Owner and Contractor, whenever RPR or Engineer believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not. meet the requirements of any inspection, test or approval required to be made; and advise the Owner and Contractor of that pati of work in progress that Engineer believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Perform verification testing for construction materials testing performed by Contractor's testing agency. For this contract., the Owner has authorized the Contractor to administer the construction phase compliance testing contract. RPR should observe Contractor's testing agency during the taking of tests, and will document the locations of field tests for future reference. The Owners contract with the Contractor should stipulate that that all test results from the Contractor's testing agency are reported. This includes both passing and failing tests. Engineer will perform verification tests as needed to confirm the results of the Contractor's testing agency, and will document all passing and failing tests. 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. Recommend to Owner that Contractor's work be disapproved, repaired, or removed and replaced if test results received after work has been finished indicate the product does not meet the requirements of the specifications. Clarifications and Interpretations. Field Orders --Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion A -S 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. 8. Change orders and Work Change Directives— Reconultend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. 9. 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. 10. Substitutes and "or -equal--" Evaluate, determine and recommend the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor. 11. 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, test`,,, 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. 12. Disagreements between Owner and Contractor—Engineer will offer recommendations to Owner and will 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. 13. 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 amount that Engineer recommends Contractor is to 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). A-( b. Collect certified payroll from Contractor and check compliance with the Davis -Bacon wage rate law. Notify Owner and Contractor of any deficiencies. 14. 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. 15. 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. 16. 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 Exhibit B without modification of the professional services agreement and schedule. C. 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 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. A-7 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. 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 Iiaison 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. C. 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 and Contractor whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and. advise Engineer of that part A -S 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. i. 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. 5) Document locations of field verification tests and keep a record of the locations of each test. j. Records: 1 } Maintain at the Site or at Engineer's 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 navies, addresses and telephone numbers of 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. 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. A -y 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. Completion: 1) Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or convection. 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. n. 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 Contractors work unless such advice or directions are specifically required by the Contract Documents. S) Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. 6) Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7) Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8) Authorize Owner to occupy the Project in while or in par. A-10 D. Frequency of Construction Observation and Coordination I. 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 box culvert and adjacent trench backfilling. b. Laying of water and sanitary sewer pipe and trench backfilling. C. Excavation and backfill. d. Placement of concrete for inlets, manholes and headwalls. e. Placement of rock riprap and concrete riprap. f. Placement of street flexible base and asphalt stabilized base. g. Placement of emulsion, seal coat materials, or micro surfacing. h. Placement of hot -mix asphaltic -cement concrete pavement. i. Placement of Portland cement concrete paving, curb and gutter, driveways, wheelchair ramps, and sidewalk. j. Preparation of surface for seeding and sod placement to include fertilizer application to subgrade. k. Seeding operations to include placement of seed. 1. Traffic control device placement and traffic switches during shifts of phases. in. Pavement. markings. n. Illumination. L), Traffic Signals P. Signs. The Engineer shall perform intermittent observation of the following typical construction activities expected for the project: a. For this contract the Owner has agreed to have the Contractor administer the construction phase compliance testing. Engineer shall perform construction materials verification 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. Solid sod placement for areas receiving sod. C. Manhole construction. f. Temporary itenis such as: 1) Traffic control devices. 2) Storm water pollution prevention devices. 3) Temporary facilities and controls. 4) Project cleanup. g. Portland cementconcrete pavement and curb -and -gutter subgrade, formwork, steel placement, pavement thickness, applicable dowels and finishes.. A-11 E. Post -Construction Period Services 1. Record Drawings. Prepare record drawings from information and drawing markups supplied by Contractor. F. 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 tiles of the record drawings delivered to Owner. 4. One set of RPR inspection logs delivered to Owner. 5. Owner copies of Contractor submittals. 6. Owner copies of test results. 7. Original wage rate logs (certified payroll) from Contractor. G. Supplemental Construction Period Services None. H. 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 on behalf of the Contractor. Engineer shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. I1I. 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 beyond spot checking of the work. 3. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. 4. Excessive presence can the project or on project -related items above the Tuan -hour allowances in Exhibit A-1. 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-12 Resolution No. 2012—R0071 ATTACHMENT B TO AGREEMENT FOR CONSTRUCTION PERIOD ENGINEERING SERVICES Owner: City of Lubbock, Texas Project #92217: 34th Street from Indiana Avenue to Avenue Q COMPENSATION BASIC 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 derined 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 March 1, 2012, and are also contingent on the constriction 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 the schedule established in Exhibit B. provided the construction Contractor completes the project within the same period of time 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, M. C C. BASIC CONSTRUCTION PERIOD ENGINEERING SERVICES L The maximum billed for Basic Construction Period Engineering Services including personnel services and reimbursable expenses for the Engineer and Subcontractors is shown as follows: TOTAL BASIC CONSTRUCTION PERIOD SERVICES NOT TO EXCEED 1988.091.00 WITHOUT AUTHORIZATION (See Exhibit A -I for itemized breakdown of costs) 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 the schedule established by Exhibit B, contingent on the construction Contractor's prosecution of the work. 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 #92217: 34th Street from Indiana Avenue to Avenue Q COMPENSATION RATES Hourly fees listed herein will apply through the term of the twenty-four (24) month contract, and apply until March 31, 2014. If the terns of the contract is extended by mutual agreement beyond March 31, 2014, then these rates may be evaluated for modification alter March 31, 2014, at the request of the Owner, by multiplying the hourly fee by the Consumer Price Index increase published on or after January 1, 2014 and each successive year thereafter. A. PERSONNEL SERVICES Cateaory of Personnel $/HR Parkhill, Smith & Cooper, Inc. Principal -in -Charge 178.00 Project Manager 151.00 Senior Professional Engineer 134.00 Professional Engineer 116.00 Engineer -in -Training 98.00 Resident Project Representative 100.00 DrafterlCADD Operator/Project Assistant 87.00 Clerical 79.00 Hugo Reed and Associates, Inc. Principal -in -Charge 1.50.00 Engineer or Surveying Project Manager 135.00 Senior Registered Professional Land Surveyor 125.00 Professional Engineer 105.00 Engineer -In -Training 90.00 Technician or Survey Crew Manager 75.00 Senior CADD Technician 75.00 Survey Crew 175.00 Category of Personnel �H R X8 Environmental, Inc. Principal -in -Charge 135.00 Senior Professional Engineer 128.00 Professional Engineer 110.00 Engineer -In -Training 90.00 Technician or Designer 78.00 Clerical 50.00 D ess-Peterson Testing Laboratory, Inc. Professional Engineer 150.00 Technician 35.00 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, cell phone usage 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. Compensation of reimbursable expenses shall be at cost plus a fifteen (15) percent surcharge. B-4 Resolution No. 2012-R0071 ATTACHMENT C TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Prqjcct #92217: 34th Street from Indiana Avenue to Avenue Q 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 tiles 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 of facts and circumstances regarding the Project actually known by Owner. 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. S. 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 4. 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. 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. 12. 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. 13. Bear all costs incident to compliance with the requirements of this Attachment C. C-2 Resolution No. 2012-20071 ATTACHMENT D ENGINEER'S RESPONSIBILITIES The Engineer's responsibilities under this agreement are Shown in Attachment A and Exhibit A-1 for Basic. Construction Period Services. 11. The Engineer's responsibilities shown in Exhibit A-1 are congruent with the Scope of Services given under Attachment A. D- 1 ResalvWkkdb�""' DATE(MWDO)YYYY) A6. CERTIFICATE OF LIABILITY IhI1,4,2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the po1)cy(ies} must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ICONTACT PRODUCER E; Joae h A Bryant McLaughlin Brunson Insurance Agency, LLP 214) 503-1212 No:(214) 503-8899 6600 LBJ Freeway, Suite 220[(KA"Jc*!"%'FL Ext : l E.MAfL Dallas TX 75240 INSURED Parkhill, Smith i Cooper, Inc. 4222 85th St. Lubbock TX 79423 INSURERS AFFORDING COVERAGE NAIC / LIURERA:XL Specialty Insurance Company 37885 INSURER C INSURER 0: INSURER E: OVERAGES CERTIFICATE NUMBER: C*rt ID 1349.5 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY f CLAIMS -MADE _ OCCUR GENI AGGREGATE LIMIT APPLIES PER. _ I POLICY PRO- LOG AUTOMOBILE LIABILITY ANY AUTO ALL AUTOS OWNED SCHEDAUTOSULED NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAR OCCUR EXCESS LIAS CLAIMS -MADE j DED__. RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTIVE❑ N I A OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If ves. descilhe under A Professional Liability N Y DPR9650667 1/10/2011 1/10/2012 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space Is required) The claims made professional liability coverage is the total aggregate limit for al: presented within the annual policy period and is subject to a deductible. Thirty (3+ cancellation is in favor Of the certificate holder. The policy includes waiver Of s' favor of the City of Lubbock. RE: 34th Street Reconstruction - Indiana Avenue to Construction Period Services oCt1lQ1At11 MI IU r.0- .D NAMED ABOVE FOR THE POLICY PERIOD )OCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS EACH OCCURRENCE $ D E NTE PREMISES Ea occurrence $ MED EXP (Any ane person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMPIOP AGG $ $ C MBINED SINGLE LIMIT Ea ecddenl BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE $ (Per accidentl $ EACH OCCURRENCE $ AGGREGATE $ $ WC STATU- OTH- I TORY i E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT i $ Far Claim $ 2,000,000 Annual Aggregate $ 4,000,000 4 claims )) day notice of abrogation in Avenue Q - CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Lubbock P.0. Box 2000 AUTHORIZED REPRESENTATIVE Lubbock TX 79457 ( � O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2410105) The ACORD name and logo are registered marks of ACORD DATE 1118 -OW" CERTIFICATE OF LIABILITY INSURANCE 01/06/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPUN I Mt L erc E I! I4M I c r %JL.WQ - .,,.d CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate dyes not confer rights to the ,..al.�.:n. ma„ -f —rh Pndorsementtsl. vR4s17uC.ER _. CECIL-DUNN INSURANCE AGENCY P. 0. BOX 3870 4120 AVENUE Q LUBBOCK TX 79452- 0 sums Parkhill, Smith & Cooper Inc. 4222 85th Street Lubbock TX "79423- ­,.,. "ME "CM , E.0 (806) 747-3404 wue. ,I,I. gaael 7E7 1ez7 E4ALL bDoREai. 11100utlEs Parkhill, Sm1.th t Cooper Inc. CL{f7peER ID R INSURMSI AFFORDING COVERAGE MAIC a moue ER A HARTFORD INSURANCE 29424 mupmRa HARTFORD UNDERWRITERS 30104 WSumfl C wa1WtR J MIS,RtER E POURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOVId HAVE: BttN I„Utu iu IT1t irt, _u mwwru nowvc Fv.� ,,,< 1,�, ••� INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION Of ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS cNaR AWOL lura LTR TYPE 9F INSLRtAhCE MR Vivo ... Lou" EFf Pou" EXP PDOCY WIMIR P= ' YI lake-oR`Y4YW'd UNITS _ MINERAL L41aiUTY Y y 46UUNII0381 09/30/2011 05/30/2012 EACO-OCCURRENCE f 1,000,001 A / ! ! DAMAGE TORENTEU 300,00( X COMMERCIAL. GENERAL LWB:LITY PREMISES (Ea occLT.m+cei. .11 CLA&MWADE X OCCUR J ! " MEW EXP cArg one person) -S 10'00( / J / PERSONAL & ACV INJURY S 1,000,00( GENERAL AGGREGATE -5 2,000,00( GEML AGGREGATE LIMIT APPLIES PER PRODUCTS • COMPPOP AGG f 2,000,00( POLICY X PROs LOG A AUTDroMLE UAMU Y y y 46LII]I:I I038s 09130/2012 09/30/2012 CCdABINED SINGLE LIMIT f 1,000,00C i E.s acc+ddg) ANY AUTO BODILY INJURY tPor pvswj S X ALL OWNED AUTOS BODILY INJURY (PW 0OCK IV S SCHEMED AUTOS PROPERTY DAMAGE _ $250 Deductible - COW/ / ! IPw oxowp X HIRED AUTOS X S2SO Deductible - Coll. / / / / 3 NON -OWNED AUTOS X Leased f U01111llEUA Lus X Y Y 09/30/2011 09/30/2012 EACH OCCURRE NCE s 2. 000, DOC A OCCUR X WOM UA® CLAJMS-MAI)E " " AGGREGATE 11 2, 000, DOC OEDUCTIBLE X RETENTION 3 10,000 J ' ' ' ! Oaaa COWEANATR7N Y B WA'a 46WENV3354 09/30/2011 09/30/201.2 Tis VVC MT LR IMIT LLX .. LR . S AND E1IPLOYERa' LNaR.iY YINTl}RY As1v ogDPaI�ETpa;PIVxT*AttE.w,Ecu*rvE " / / / E L EACH ACCW7EM7 f 1,000,000 L�FuCERMEI,MER EXCLLAEW N N; A (Man"q*ry in NH) E L DISEASE • EA EMPLOYEE t 1, 000, 00C "r85 desakoe uncw r1ESCRIPTION OF OPERATIONS IiN7w E L DISEASE - POLICY LONT f 11000,000 / d J r OESCRIPT10% Of UPEIIIATUM - LOCA1I0h3 VIEMCLES (ANArR, ACORD RD, Addd,a.W A --k% 5[frdYi: d o W_ " -0-01 Protect: 34th Street Reconstruction - Indiana Ave to Ave Q - Construction Period Services. The certificate holder is shown as Additional Insured on the General Liability, Auto, and Umbrella policies. These Policies are primary and non-contributory. A Waiver of Subrogation applies in favor of tate certificate holder for the Workers Comp, General LiabilZty, Auto, and Umbrella policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS City of Lubbock AUT At1E0 FPRE',E[#TATtYE v PO Box 2000 Lubbock TX 794.57- \� ACORD 25 (2009109) V 198$•2009^ACORD CORPORATION. All rights reserved. Resolution No. 2012-R0071 EXHIBIT A -I BASIC CONSTRUCTION PERIOD SERVICES TASKING, MAN-HOURS, REIMBURSABLES, AND SUBCONTRACTORS PARKHILL, SMITH & COOPER, INC. EXHIBIT A-1 PROJECT BUDGET SHEET LOCATION CODE: 01 PROJECT NAME: 34th ST Reconstruction I JOB NO.: � TASK: DATE: 11/14/11 FEE TYPE: Hourly Rate w1Max PREPARED BY: Jackson PRINCIPAL: Hamilton PROJ. MANAGER: Miller OVERHEAD RATE: PROFIT ON LABOR: PROFIT ON REIMB: 15.00% PROFIT ON DIRECTS: TOTAL FEE: $988.091 LABOR: $817.378 LABOR: $817,378 DIRECTS: $157,461 OVERHEAD: SUBTOTAL: $974.839 REIMB, CONSUL'T'ANTS: REIMB. EXPENSES: $11,524 REIMB. FEE: $13,252 DIRECT CONSULTANTS: $157.461 DIRECT EXPENSES: TOTAL FEE: $988,091 LABOR BUDGETS: CODE DESCRIPTION HOURS COSTS 01 Firm Principal 32 $5.696 03 Engineer 250 $37.750 03 Engineer 1,181 $159.254 07 Engineer -in -Training 428 $49;648 1 I Resident Project Representative 5,306 $530,600 14 CADD Operator 110 $8,690 18 Clerical 382 $26.740 Page 1 of 12 FEE ESTIMATING SHEET PROJECT: 341hsTReconstruction JOS NO.: TASK: SALARY CATEGORY OF PERSONNEL RATE PER HOUR Hamilton Miller Jackson McCulloch Pedersen Sturdivant FP ENG ENG EIT RPR CARD OPT CLERICAL TASK 01 03 03 07 11 14 18 Tris $176.00 $151.00 $134.00 $116.00 $100.00 $79.00 $70.00 TOTAL Construction Phase Services - Engineer Pre Construction Conference: Prepare Agenda (1 hr.), Attend Meeting (2 hr.), 2 5 2 2 2 13 Prepare and Distribute Meeting Minutes (2 hr.). Progress Meetings (Biweekly): 20 Month Duration`2.15 meetingsJmo. = 43 Attendees: 43 mtgs.'2 hrs./mtg. = 86 hrs. PASS: 6 22 86 43 151 308 Each Meeting = Prepare Agenda (0.5 hr.), Attend Meeting (2 hr,), Prepare and Distribute Meeting Minutes (1 hr.) = 3,5 hr/mtg. 43 mtgs.'3.5 hrsJmtg. = 150.5 hrs. Driveway Construction Meetings (Biweekly, Phases 1 & 3): 14 Months total'2.15 meetings/mo. = 35 meetings Attendees: 35 mtgs.'1 hrlmtg = 35 hrs 6 35 41 EIT: Miscellaneous Gadd 35 mtgs.'1 hrlmtg = 35 Visits to Site and Observation of Construction: 20 month duration, Estimate 3 visit/week t) 1.5 hr/visit: 10 80 390 195 675 1.5 hr/visitx3 day/wk'4.33 wk/mo"20 mos = 390 hours Coordination, Correspondence, and Responses to Questions from Contractor, City of Lubbock, RPR, and Public: 10 40 433 80 563 20 month duration, Estimate 1.0 hr/day: 1 hr/day'5 day/wk"4.33 wk/mo"20 mo = 433 Contract management (invoicing, coordination) 4 80 40 120 hrs/mo '20 mo Clarifications and interpretations; Field Orders: 24 24 12 60 Estimate 12 field orders at 2 hrs/field order. Change Orders and Work Change Directives: 16 40 40 10 106 Estimate 10 Change Orders at 4 'hrs/change order. Shop Drawings and Samples 40 20 i5 75 Estimate 20 Submittals at 2.0 hr/submittal. Inspections and Tests: Coordination with Testing Lab, Review test reports, 40 8 48 etc. Applications for Payment: 20 progress payment applications 40 40 80 Estimate 2 hours per payment application for PM and PASS. Page 2 of 12 FEE ESTIMATING SHEET PROJECT: 34th ST Reconstruction JOB NO.: TASK: SALARY CATEGORY OF PERSONNEL RATE PER HOUR Hamilton Miller Jackson McColtoch Pedersen Sturdivant FP ENG ENG EIT RPR CADD OPT CLERICAL TASK 01 03 03 07 11 14 18 Tris $178.00 $151.00 $134.00 $116.00 $100.00 $79.00 $70.00 TOTAL Contractor's Completion Documents: 8 16 8 32 Receive and review documents, transmit to Owner. Substantial Completion: Includes Site Visit with Owner, Preparation of Punch List Items, Verification that Project is Complete, and 4 8 16 8 36 Preparation of a Certificate of Substantial Completion. Final Notice of Acceptability of the Work: Includes Site Visit with Owner and Preparation of 4 8 16 8 36 Acceptance Documents. Construction Phase Services - RPR Full Time RPR: Construction Period = 20 months. Average of 26 working days/month. 4680 4,680 Full Time Average of 9 hours/day. 20 months'26 wkng days/mo.'9 hrs/day = 4680 hrs Part Time RPR: Necessary only 6 months. 624 524 Part Time Average = 4 hours/day. 6 months'26 wkng days/mo.'4 hrs/day = 624 hrs Post Construction Period Services Record Drawings: PSC Sheets - 188 plan sheets @ 0.50 hrs/sht for CADD 1 16 40 94 151 188'0.50 hrs/sheet = 94 hrs Deliverables Produce 1 Set of Reproducible Record Drawings (188 sheets mylar). 1 Print of Record Drawings (188 sheets paper). 1 8 16 16 41 1 CD of files. 1 Set RPR logs. 1 Owner set of Contractor submittals. BUDGET SUBTOTALS; HOURS/ Trips - 32 250 1181 428 6306 110 382 768 SALARY $5,696 $37,750 $158,254 $49,648 $530,500 $8,690 $26,740 $817,378 Page 3 of 12 FEE ESTIMATING SHEET PROJECT: EIMBURSABLES 34th ST Reconstruction SOB NO.: TASK: REIMBURSABLE CONSULTANT COSTS _ SUBTOTAL 511 STRUCTURAL CONSULTANTS _ 512 MECH/ELEC CONSULTANTS 513 ENV & CIVIL CONSULTANTS 514 LANDSCAPE CONSULTANTS 515 TESTING CONSULTANTS 516 SURVEYING CONSULTANTS - W INTERIOR DESIGN CONSULTANTS 518 OTHER CONSULTANTS TOTAL REIMBURSABLE CONSULTANTS REIMBURSABLE EXPENSES 521 TRAVELILODGING MOTEL DAYS 0 AIR TRAVEL AIR FARE 0 PARKING DAYS 0 CAR RENTAL DAYS 0 MILEAGE 10025 MILES 0 MEN 0 IMANDAY = MEN 0 IMAN = IDAY = fDAY = $0.550 ® 1 TRIPS = $5,513.75 SUBTOTAL $5,514 522 REPRODUCTIONS BLUELINE PRINTS SEPIA PRINTS 168 PRINTING; ORIGINAL SET-UP COST COST PER SHEET 1 BINDING COST 116 XEROX 500 SHTS 0 $2.55 0 8 SETS - SHTS 0 $6.00 0 1 SETS - $1,128.00 ORIGINALS as $0.15 PORI_ - SETS AA $0.20 ISHT 0 1000 SHEETS= $200.00 SETS ® $2.00 /SET - $232.00 SHTS ® $0.10 /SHT - $50.00 SUBTOTAL $1,610 523 MODEuRENDERINGSIPHOTOS Shots X10 /Shot 524 TELEPHONE Calls a /Call 525 MEALS DAYS 0 MEN 0 /MANDAY 526 FIELD SUPPLIES 528 POSTAGE 35 Mailings 0 $10.00 /Mallin $350 529 PUBLICATIONS & SUBSCRIPTIONS SW MISC REIMBURSABLE EXP Full dme RPR cell phone - 20 mo.. Pan tme RPR ee6i gone - 7 mo. ($150 per month z P7 nw ths) $4,050 531 FAX pages a 532 TEMPORARY PERSONNEL 533 DRAFTING SUPPLIES 534 OFFICE SUPPLIES 535 CAOD HOURS 0 $10.90 /HOUR 536 FIELD EQUIP RENTAL 546 SOFTWARE TOTAL R€IMBURSABLE EXPENSES $11,524 Page 4of12 EE ESTIMATING SHEET PROJECT: IRECTS 34th ST Reconstruction JOB NO.: TASK. .DIRECT CONSULTANT COSTS SUBTOTAL 611 STRUCTURAL CONSULTANTS 612 MECHIELEC CONSULTANTS 613 ENV & CIVIL CONSULTANTS _ X8 EnAmnmenlal, Inc. $17,842 614 LANDSCAPE CONSULTANTS 615 TESTING CONSULTANTS ess-Peterson Tesling Laborato , Inc $84,888 616 SURVEYING CONSULTANTS HU90 Reed & Associates $46,730 617 INTERIOR DESIGN CONSULTANTS 618 OTHER CONSULTANTS TOTAL DIRECT CONSULTANTS 5157.461 DIRECT EXPENSES 621 TRAVELILODGING MOTEL DAYS 0 AIR TRAVEL AIR FARE 0 PARKING DAYS 0 CAR RENTAL DAYS @ MILEAGE MILES 9 $0.505 MEN 0 MEN. ® IDAY IDAY @ _ /MANDAY = /MAN = = TRIPS = SUBTOTAL 622 REPRODUCTIONS BLUELINE PRINTS SEPIA PRINTS PRINTING: ORIGINAL SET-UP COST COST PER SHEET BINDING COST XEROX SHTS Q SHTS 0 ORIGINALS SETS 0 SETS 0 SHTS ® $2.55 9 SETS = $6.51 @ SETS = ® $0.15 IORL $9108 ISHT 0 SHEETS= $2.00 /SET = $008 ISHT = SUBTOTAL 623 MODELIRENDERINGSIPHOTOS Shols ® /Shol 624 TELEPHONE Calls ® /Call 625 MEALS DAYS @ MEN @ /MANDAY 626 FIELD SUPPLIES 629 POSTAGE Mailings ® /Mailing 629 PUBLICATIONS & SUBSCRIPTIONS 630 MISC DIRECT EXP 631 FAX Pages @ 632 TEMPORARY PERSONNEL 633 DRAFTING SUPPLIES 634 OFFICE SUPPLIES 635 CADD 110 HOURS 1HOUR _ 636FIELD EQUIP RENTAL 646 SOFTWAP.E TOTAL DIRECT EXPENSES Page 5 Of 12 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES 34th Street Reconstruction {Indiana to Ave Q} Estimate of Man -Hours and Tasks - CONSTRUCTION PHASE SERVICES SUBCONSULTANT SUMMARY Page 6 of 12 Basic Basic Personnel Reimbursable Company Services Expenses TOTAL Hugo Reed & Associates $49,730 $49,730 X8 Environmental, Inc. $17,526 $316 $17,842 Dyess Peterson Testing Laboratory, Inc. $89,889 $89,889 TOTALS $67,256 $90,205 $157,461 Page 6 of 12 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES 34th ST Reconstruction (Indiana to Ave O) Estimate of Man -Hours and Tasks -CONSTRUCTION PHASE SERVICES WORKSHEET 1 I-lirnn Repcf & Asseciates. Inc 25 -Jan -12 Page 7 of 12 11 Task Principat Engr. or Senior Prof. FIT Technician, Survey Total Total In Surveying RPLS or Engineer Survey Crew Crew Hours Extension Charge PM Engineer Vngr.Or. Sr. CADD {$) ««cc««<< Rates »»»»»» $15000 $13500 $125.00 $105.00 $90.00 $75.00 $17500 CONSTRUCTION PHASE SERVICES - ENGINEERING: Project Coordination Meetings, Monthly 1 Status Report, Invoices, Internal QA/QC, 10 40 20 70 $8,700 Coordination with Prime: Pre Construction Conference & Other 2 Appropriate Meetings: 5 10 10 25 $3,000 Estimate Attendance for up to 10 meetings. Visits to Site and Observation of Construction: Estimate 1 visit per week for 12 months at 1 24 48 72 $7.560 3 hours/visil: 12 mo.'4 wks/mo.'1 visit/wk'1 hrs./visit = 48 hrs. Coordination, Correspondence, and Responses to Questions from Contractor, 4 City of Lubbock, RPR, and Public: 8 48 24 80 $9,840 12 month duration, Estimate 4 hrs/week: 12 mo'4 wks/mo.'1 hrslwk = 48 hrs (use 48 hrs). 5 Modifications to Plan Sheets. 4 24 2B 52,340 CONSTRUCTION PHASE SURVEYING: Surveying as needed to verify contractor 4 10 20 40 74 $10,290 1 survey data. Field Stake exisling and proposed roadway 2 RDW at even stations through straight 8 32 40 56,200 portions of the alignment Field Stake existing and proposed roadway 3 ROW at even 25 -foot intervals through 0 $0 curves Post Construction Period Services 1 Rerord Drawings: 2 2 10 14 $1,200 10 plan sheets a 1 hislshl for CADD. Deliveratilea 1 Reproducible Set of Record Drawings (10 1 sheets mylar). 2 2 2 6 $600 1 Print of Record Drawings (10 sheets paper). 1 CD of tiles. Total Hours 23 134 10 0 106 64 72 409 $491730 '.,`iy �� nJ}, Sulaioials for Worksheet 2 HRA Basic Services 5 3,450 $ 18,090 S 1,250 S S 9,540 $ 4,800 S 12,600 $49,730 Page 7 of 12 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES 34th ST Reconstruction (Indiana to Ave Q) Estimate of Man -Hours and Tasks -CONSTRUCTION PHASE SERVICES WORKSHEET 2 YA Pnuirnnmontal_ InC 25 -Jan -12 Page 8 of 12 Task Principle Prol. Sr. Prof. FIT CADD Clerical Total Total In Manager Prof- Engineerl Tech Hours Extension Charge Engineer Env.SC. Designer ($) «««««« Rates »»»»»» $135.00 $128.00 5110.00 $90.00 $78.00 $50.00 A 'CGONSTRUCTIQN PHASE SERVIMS - ANOINEERING Coordination, Invoice, Status Reports, 1 Correspondence, and Responses to 2 27 7 7 43 $4,706 Questions from PSC, Contractor, City of Lubbock, and RPR regarding traffic signals: Clarifications and interpretations; Field 2 Orders: 12 8 4 24 52,616 Estimate 3 field orders at 4 hrsffield order. Shop Drawings and Sample Reviews 6 6 2 14 $1,528 3 Estimate 3 Submittals at 2 hr/submittal. 4 Modifications to Plan Sheets. 8 8 16 16 48 $4,592 B Post Construction Period Services Record Drawings: 4 17 21 $2,042 1 17 sheets 9 1.0 rirs per sheet for CADD. C peEtveTefJlAs 1 Reproducible Set of Record Drawings (17 sheets mylar). 1 1 Print of Record Drawings (17 sheets 4 17 21 $2,042 paper). 1 CD of files. Total Hours 2 0 61 22 57 16 13 171 517,526 Subtotals for Worksheet 3 X8 Basic services $ 270 5 S 7,808 $ 2,420 S 5,130 $ 1,248 S 650 $17,526 Page 8 of 12 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES QUAKER AVENUE from 98th Street to 114th Street Estimate of Reimbursable Expenses - CONSTRUCTION PHASE SERVICES WORKSHEET 3 XS Environmental. Inc. 25 -Jan -12 Reimbursable Expenses City, Unit Unit Price Unit Extension Travel Airfare Each 4 $275.00 round trip $0 Car Rental Days @ 590.00 per day $0 Fuel 8 - trips @ 40 miles/trip, 15 mpg Gallons @ $3.40 per gallon $0 Parking Days @ '$5.00 per day SO Mileage 100 Miles @ $0.505 per mile $51 Meals Each @ $20.00 per meal $0 Overnight Slay 1 night, 2 each Nights @ $100.00 per night $0 Reproduction 1107 Copies (Paper, includes checking prints) 100 Sheets 0 $0.20 per copy $20 11x17 Copies (Mylar) 17 Sheets @ $2.00 per sheet $34 8.5x11 Copies 100 Sheets a $0.10 per copy $10 Miscellaneous Postage, shipping and delivery, misc. Mailings @ $10.00 per mailing $0 Overnight Overnight a $40.00 per mailing SO Long Distance Telephone Project 0 $500.00 per project $0 Ce{lular phone 50 minutes/mo @ 0.451min Minutes @ $6.45 per Minute $0 CADD charges 1e Hours a $10.00 per hour $160 Subtotals for Worksheet 6 X8 Environmental, Inc. Reimbursables $275 w/ Contract multiplier for reimbursables = 1.15 $316 Total X8 Environmental Expenses S316 Page 9 of 12 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES 34th Street Reconstruction (Indiana to Ave 0) Estimate of Reimbursable Expenses - CONSTRUCTION PHASE SERVICES WORKSHEET 4 Fee Schedule for Lubbock Texas & Surrounding Area December 2011 Dyess-Peterson Testing Laboratories, inc. Soils Standard Proctor ( 4" mold $ 90.00 Standard Proctor 6" mold) $ 100.00 Modified Proctor $ 110.00 Atterbur Limits $ 37.50 Classification of soils Including washed $ 50.00 Dry Gradation $ 35.00 Washed Gradation $ 45.00 Nuclear Density 3 min $ 25.00 Moisture content $ 15.00 Resistivity $ 250.00 Flex Base Standard Proctor 6" Mold) $ 100.00 Modified Proctor $ 110.00 Depth Check $ 20.00 Wet Ball Mill $ 200.00 Atterbur Limits $ 37.50 Bar Linear Shrinkage $ 42.50 Dry Gradation $ 35.00 Washed Gradation $ 45.00 Nuclear Density 3 min) $ 25.00 Moisture content $ 15.00 Aggregate Dry Gradation $ 35.00 Washed Gradation $ 45.00 Moisture content $ 15.00 Magnesium Soundness $ 400.00 L.A. Abrasion $ 175.00 Flat and Elongated $ 25.00 Crushed Face Count $ 25.00 Decant $ 15.00 Deleterious $ 35.00 Page 10 of 12 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES 34th Street Reconstruction (Indiana to Ave 0) Estimate of Reimbursable Expenses - CONSTRUCTION PHASE SERVICES WORKSHEET 4 Fee Schedule for Lubbock Texas & Surrounding Area December 2011 Sand Dry Gradation Washed Gradation $ $ 35.00 45.00 Fineness Modulus $ 20.00 ASR- Acid Insoluble Residue Inorganic Impurities -Color Test N/A $ 50.00 Sand Equivalent $ 40.00 Hot Mix Testing Asphalt Content (Ignition) / Gradation TxDOT Gyratory set of 3 Marshal Lab Density set of 3 $ $ $ 150.00 135.00 90.00 Marshal Stability / Flow set of 3 $ 105.00 Max Theoretical Density/ Air voids $ 75.00 Asphalt Cores per inch Min 3" $ 25.00 Core Thickness Test $ 15.00 In Place Density from cores $ 25.00 Set Rolling Patterns Nuclear Gauge & Technician (hourly) Hamburg Wheel Tracking $ $ 35.00 475.00 Boil Test Abson Recovery W extraction N/A N/A Asphalt Pen N/A Concrete Field Testing of Fresh Concrete Includes 1 each (slump, air, tem , and up to 4 c Id $ 35.00 Compression Testing of C Id $ 14-00 Concrete Cores per inch min 4° $ 35.00 Concrete Mix Design Technician / Engineering $ 1,500.00 Technician Hourly Overtime X 1.5, Sun X 2 $ 35.00 Professional En ineerin Hourly $ 150-00 Pick U / Sam le Material $ 35.00 Page 11 of 12 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES 34th Street Reconstruction (Indiana to Ave 0) Estimate of Reimbursable Expenses - CONSTRUCTION PHASE SERVICES WORKSHEET 4 Fee Schedule for Lubbock Texas & Surrounding Area December 2011 Mileage Local Trip Charge $ 20.00 Outside Lubbock - Vehicle er mile $ 0.55 Outside Lubbock - Travel Technician(hourly) $ 35.00 TESTING BUDGET T 1.00% of Construction Bid ($8,988,866.09) 1 $ 89,889.00 The testing budget is calculated at 1.00% of the construction bid. This establishes an allowance for testing materials for quality assurance of the Contractor's work and Contractor's testing agency. The actual testing quantities are subject to the Contractor's operations and materials furnished. The budgeted amount shall not be exceeded unless authorized by the City of Lubbock. Should the budgeted amount be met without additional monies being approved by the City of Lubbock for necessary testing, then testing will be suspended. Testing by the Engineer is for quality assurance of the Contractor's work and of the Contractor's testing agency. The bulk of the materials testing will be by the Contractor's testing agency. Page 12 of 12 Resolution No. 2012-ROO71 EXHIBIT B BASIC CONSTRUCTION PERIOD SERVICES SCHEDULE EXHIBIT B - BASIC CONSTRUCTION PERIOD SERVICES SCHEDULE Notice To Proceed 1 2 3 4 5 6 Milestone Approximate Range Must begin Milestone Within Must Reach Substantial Carnpletion {SC1 Within Must Complete Pedestrian and Lighting (P&L) facilities Liquidated Damages if. Either completion dale is Within not met A 206+08 to 232+4D 5 working days of hbtice To R-oeeed 87 working days 9 Y 117 working days 9 Y $3,399.50 per working da p 9 y B 232+40 to 256+31 5 working days offer SC of Milestone A 82 working days 9 Y 112 working days 9 Y 53,399.50 per working da P 9 Y C 259+87 to 281+33 5 working days after SC of Milestone B 66 working dos 9 Y 116 working dos 9 Y 53,399.50 per working do P 9 Y D 281+33 to 303+92 5 working Boys after SC of Milestone C 88 working days 118 working days 53,399.50 per working day LD's if SC LD's if SC or :not reoched:P&L not reached 5 days max . t Milestone -A SubstontialComplelion ~33.399.50~ $3,399.50 87 working days per day per day Milestone -A Pedestrian & Lighting 117 working days LD's if SC LD's if SC or :not reached -P&L not reached 5 days max Milestone-13Substantial Completion 33,399.50 i 33,399.50 8Per day per day 2 working days Milestone -B Pedestrian & Lightinq 112 working days LD's if SC LD's if SC or :not reached:P&L not reached 5 days max .� Milestone C Subs tor Cal Completion y$3,399.50 33,399.50 8per day per day 6 working days Milestone -C Pedestrian & Lighting 116 working days LD's if SC LO's if SC or :not reached:P&L not reached .� 5 days max Milestone -0 Subs tont ialCompletion 33 399.50 33.399.50 88 working days per -days per day Milestone -D Pedestrian & Lighting I 118 working days I LD's if FC not reached Final Completion 31.362.50 (Entire Project) per day SC = Substantial Completion FC = FinolCompletion P&L = Pedestrian & Lighting Completion