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HomeMy WebLinkAboutResolution - 2008-R0157 - Amendment To Agreement - HDR Engineering Inc.- Engineering Services - 04/24/2008Resolution No. 2008-RO157 Item No. 5.20 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 Amendment #2 to an Agreement dated October 27, 2005, with HDR Engineering, Inc., for professional engineering services. Said Amendment 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 24th ATTEST: Rebegba Garza City Secretary APPROVED AS TO CONTENT: Wood Fr n, P.E. Chief W er Utilities Engineer APPROVED AS TO FORM: Z1114, - Chad Weaver Assistant City Attorney day of April '2008. DAVID A. MILLER, MAYOR cw/ccdocs/Res-Amend #2-Agrmnt- HDR Engineering Srvs 04.07.08 Resolution No. 2008-RO157 AMENDMENT #2 TO AGREEMENT BETWEEN THE CITY OF LUBBOCK, TEXAS AND HDR ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES THIS IS AN AMENDMENT TO THE AGREEMENT dated and effective as of October 27, 2005 between The City of Lubbock, Texas and HDR Engineering, Inc. OWNER and ENGINEER in consideration of their mutual covenants as set forth herein agree to modify the Agreement as follows: Revise Exhibit A, Paragraphs A1.04 and A1.05 to read as follows: A1.04 Bidding or Negotiating Phase A. After acceptance by Owner of the Bidding Documents and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by Owner to proceed, Engineer shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre -Bid conferences, if any, and receive and process contractor deposits or charges for the Bidding Documents. 2. Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents. 3. Provide information or assistance needed by Owner in the course of any negotiations with prospective contractors. 4. Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the Bidding Documents. 5. Attend the Bid opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids or proposals and in assembling and awarding contracts for the Work. B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors (except as may be required if Exhibit F is a part of this Agreement). A1.05 Construction Phase A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from Owner, Engineer shall: Page 1 of 7 1. General Administration of Construction Contract. Consult with Owner and act as Owner's representative as provided in the General Conditions. The extent and limitations of the duties, responsibilities, and authority of Engineer as assigned in the General Conditions shall not be modified, except as Engineer may otherwise agree in writing. All of Owner's instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the General Conditions except as otherwise provided in writing. 2. Resident Project Representative (RPR). Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor's work. Duties, responsibilities, and authority of the RPR are as set forth in Exhibit D. The furnishing of such RPR's services will not limit, extend, or modify Engineer's responsibilities or authority except as expressly set forth in Exhibit D. 3. (Not used). 4. Pre -Construction Conference. Participate in a Pre -Construction Conference prior to commencement of Work at the Site. 5. Schedules. Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 6. (Not used). 7. Visits to Site and Observation of Construction. In connection with observations of Contractor's Work while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress and quality of Contractor's executed Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor's Work in progress or to involve detailed inspections of Contractor's Work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer's visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Page 2 of 7 Engineer's efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Engineer shall not, during such visits or as a result of such observations of Contractor's Work in progress, supervise, direct, or have control over Contractor's Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety on the Site, for safety precautions and programs incident to Contractor's Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. 8. Defective Work. Engineer will have the authority to reject Contractor's Work while it is in progress if, on the basis of Engineer's observations, Engineer believes that such Work will not produce a completed Project that conforms generally to the Contract Documents or that it will threaten the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. However, neither Engineer's authority to reject Work nor Engineer's decision to exercise or not exercise such authority shall give rise to a duty or responsibility of the Engineer to Contractors, Subcontractors, material and equipment suppliers, their agents or employees, or any other person(s) or entities performing any of the Work, including but not limited to any duty or responsibility for Contractors' or Subcontractors' safety precautions and programs incident to the Work. 9. Clarifications and Interpretations; Field Orders. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Engineer may issue Field Orders authorizing minor variations in the Work from the requirements of the Contract Documents. 10. Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. 11. 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 by 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. Engineer shall meet any Contractor's submittal schedule that Engineer has accepted. Page 3 of 7 12. Substitutes and "or -equal. " Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor, but subject to the provisions of paragraph A2.02.A.2 of this Exhibit A. 13. Inspections and Tests. Require such special inspections or tests of Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Engineer's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 14. Disagreements between Owner and Contractor. Render formal written decisions on all duly submitted issues relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance, or progress of Contractor's Work; review each duly submitted Claim by Owner or Contractor, and in writing either deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if Engineer in its discretion concludes that to do so would be inappropriate. 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. 15. Applications for Payment. Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review, that, to the best of Engineer's knowledge, information and belief, Contractor's Work has progressed to the point indicated, the quality of such Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe Contractor's Work. In the case of unit price work, Engineer's recommendations of payment will include final determinations of quantities and classifications of Contractor's Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor's Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Page 4 of 7 Documents. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor's Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 16. Contractor's Completion Documents. Receive, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved as provided under paragraph A1.Q5.A.11, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. The extent of such review by Engineer will be limited as provided in paragraph A1.p5.A.11. IT 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. 18. Construction Materials Testing (CMT). Except as provided by the construction contractor(s), provide the services of Terra Testing, Inc. (or other CMT laboratory approved by Owner) to perform construction materials testing. Testing may include soils proctor and density testing, concrete testing (slump, air content, and strength), and asphalt testing (thickness, stability, and density). Owner acknowledges that conditions may vary from those encountered at the locations where tests are made and that Engineer's data, interpretations, and recommendations arc based solely on the information available to Engineer from the tests conducted. CMT is intended to assist the Engineer in determining if the Work is being conducted in general conformance with the Contract Documents and to provide a higher degree of confidence than possible without CMT. B. Duration of Construction Phase. The Project involves two prime construction Contracts with overlapping durations. The Construction Phase will commence with the execution of the first construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors of the last construction Contract. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction -Phase services are required for a period exceeding 15 months. Page 5 of 7 C. Limitation of Responsibilities. Engineer shall not be responsible for the acts or omissions of any Contractor, or of any subcontractors, suppliers, or other individuals or entities performing or furnishing any of the Work. Engineer shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. Revise Exhibit C, Paragraph C4.0IA to read as follows: A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of Engineer's Resident Project Representative and Post -Construction Phase services, if any, as follows: 1. A Lump Sum amount of $1,417,538.00 based on the following assumed distribution of compensation: a. Study and Report Phase $ 183,850.00 b. Design Phase $ 859,531.00 c. Bidding Phase $ 54,601.00 d. Construction Phase, excluding RPR and CMT services $ 319,556.00 Revise Exhibit C, by adding a new paragraph 04.02 to read as follows: C4,02 Compensation for Resident Project Representative and Construction Material Testing Services A. Owner shall pay Engineer for Resident Project Representative Services as follows: 1. Resident Project Representative Services. For services of Engineer's Resident Project Representative under paragraph A1.05A of Exhibit A, an amount equal to the cumulative hours charged to the Project times an hourly rate of $81.25 for all Resident Project Representative services performed on the Project, plus related Reimbursable Expenses. If the number of hours worked in a week by the Resident Project Representative exceeds 40, Owner shall pay Engineer for the hours worked in excess of 40 at a rate of 1.5 times the hourly rate set forth. B. Compensation for Construction Materials Testing and other Reimbursable Expenses 1. For those Reimbursable Expenses under paragraph C4.02A that are either directly related to the services of Resident Project Representative or for Construction Materials Testing, Owner shall pay Engineer an amount equal to the cost of such expenses plus a five percent (5%) surcharge. Reimbursable expenses include mileage reimbursement (calculated at the rate set forth by the Internal Revenue Service), providing and maintaining field office facilities (estimated to be $750 per month), toll telephone calls, reproduction charges, the charges of Terra Testing, Inc. (or other CMT laboratory approved by Owner) for construction materials testing, and similar Project -related items. Page 6 of 7 C. Estimated Fee 1. The total compensation for Resident Project Representative and Construction Materials Testing Services (labor plus reimbursable expenses) is estimated to be $248,200 based upon on a combined total duration of 15 months for both construction contracts and a normal 40 -hour work -week. Actual compensation should be expected to vary depending on the Contractor's progress and schedule and the actual testing frequency. Revise Exhibit B by deleting paragraph ©. IN WITNESS WHEREOF, the parties hereto have executed this Amendment. OWNER: City of Lub oc Texas ENGINEER: HDR Engi g, Inc. Title: David A. Miller, Mayor Title: T' Date Signed: April 24, 2008 Date Signed:_ ATTEST: CAQ-z� e City lecretary Appr As to Title: As to Form: 64__d_'k4A_ Title: 4ssn-44,,? 6 �, l4tk,,-.,, Page 7 of 7