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HomeMy WebLinkAboutResolution - 2008-R0248 - Agreement - Parkhill, Smith & Cooper Inc.- Engineering Services - 07/10/2008Resolution No. 20148-RO248 July 10, 2008 Items No. 6.6 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Engineering Services (Construction Period Services) by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc. and all 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 Council. Executed by the City Council this lath day of July 2008. i e?� TOM MARTIN, ATTEST: Rebec a Garza, City Secretary APPROVED TO CONTEN// T: lm� Hertel, 9Engineer APPROVED AS TO FORM: Richard K. Casner, First s ' tant City Attorney aolccdocsfAgreement for Engineering Services -PSC 070108 4.AJ CONTRACT NO. Resolution No. 2008—R4248 - AGREEMENT 8578 FOR ENGINEERING SERVICES (CONSTRUCTION PERIOD SERVICES) for Project #91101: Erskine Street from Frankford Avenue (FM 2528) to Salem Avenue Project #91102: Slide Road from North of Loop 289 to Erskine Street THIS AGREEMENT, between the City of Lubbock, Texas (hereinafter referred to as Owner) and Parkhill, Smith & Cooper, Inc., with principal offices at 4222 85`x' Street, Lubbock, Texas 79423 (hereinafter referred to as Engineer): WITNESSETH: WHEREAS, Owner intends to construct a thoroughfare street and storm water drainage facilities on Erskine Street from Frankford to Salem Avenue and Slide Road from north of Loop 289 to Erskine Street (hereinafter referred to as the Project), and WHEREAS, Owner requires certain professional engineering services in connection with the Project (hereinafter referred to as the Services) for the construction period; and WHEREAS, Engineer is prepared and has the ability to provide such Services; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE I - EFFECTIVE DATE The effective date of this Agreement shall be s u 1 y 10 , 2,008 ARTICLE 2 - SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Services described in Attachment A, Scope of Services, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 3 - COMPENSATION Owner shall pay Engineer for Basic Engineering Services in accordance with Attachment B, Compensation, which is attached hereto and incorporated by reference as part of this Agreement, and compensation for Construction Period Services shall not exceed $ 1,172,151.00 without authorization by City Council. ARTICLE 4 - S'T'ANDARD OF CARE Engineer shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily provided by a professional engineer under similar circumstances at the same time and in the same locality. ARTICLE 5 - LIMITATIONS OF RESPONSIBILITY Engineer shall not be responsible for actual means, methods, techniques, sequences, procedures or safety precautions and programs used in connection with the Project by others. Engineer shall assist the Owner in the administering of its contracts with any vendor or other Project participant in order to fulfill contractual or other responsibilities to the Owner or to comply with federal, state and local laws, ordinances, regulations, rules, codes, orders, criteria and standards. ARTICLE 6 - OPINIONS OF COST AND SCHEDULE Since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over contractors', subcontractors' or vendors' methods of determining prices, or over competitive bidding or market conditions, Engineer's opinion of cost shall be made on the basis of qualifications and experience as a professional engineer. Since Engineer has no control over the resources provided by others to meet contract schedules, Engineer's forecast schedules shall be made on the basis of qualifications and experience as a professional engineer. Engineer cannot and does not guarantee that proposals, bids or actual Project costs will not vary from his opinions of cost or that actual schedules will not vary from his forecast schedules. ARTICLE 7 - LIABILITY AND INDEMNIFICATION 7.1 General. Having considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promises included herein, Owner and Engineer agree to allocate such liabilities in accordance with this Article 7. Words and phrases used in this Article shall be interpreted in accordance with customary insurance industry usage and practice. 7.2 Indemnification. Engineer agrees to defend, indemnify and hold Owner whole and harmless against all claims for damages, costs and expenses of persons or property that may arise out of, or be occasioned by, or from; any negligent act, error or omission of Engineer; or any agent, servant or employee of Engineer in the execution or performance of this Contract. 7.3 Defense of Claims. In the event an action for damages is filed in which negligence is alleged on the part of Owner and Engineer, Engineer agrees to defend Owner. In the event Owner accepts Engineer's defense, Owner agrees to the extent permitted by law to indemnify and reimburse Engineer on a pro rata basis for all expenses of defense. Owner also agrees to the extent permitted by law to indemnify and reimburse Engineer on a pro rata basis for any judgment or amount paid by Engineer in resolution of such claim. Such pro rata share shall be based upon a final judicial determination of negligence or, in the absence of such determination, by mutual agreement. 7.4 Employee Claims. Engineer shall indemnify Owner against legal liability for damages arising out of claims by Engineer's employees. Owner shall indemnify Engineer against legal liability for damages arising out of claims by Owner's employees to the extent permitted by law. 7.5 Limitations of Liability. To the fullest extent permitted by law, Engineer's total liability to Owner for any and all injuries, claims, losses, expenses or damages arising out of or in any way related to the Project or this Agreement from any cause or causes, including but not limited to Engineer's negligence, errors, omissions, strict liability, breach of contract or breach of warranty, shall not exceed the minimum amounts required by Article 10 of this Agreement. 7.6 Survival. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. ARTICLE 8 - INDEPENDENT CONTRACTOR Engineer undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of its own performance and that of its subcontractors, agents and employees. Owner shall have no right to supervise the methods used, but Owner shall have the right to observe such performance. Engineer shall work closely with Owner in performing Services under this Agreement. ARTICLE 9 - COMPLIANCE WITH LAWS In performance of the Services, Engineer will comply with applicable regulatory requirements, including federal, state and local laws, rules, regulations, orders, codes, criteria and standards. Engineer shall possess the licenses necessary to allow Engineer to perform the Engineering Services. Engineer shall not be responsible for procuring permits, certificates and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A, Scope of Services. ARTICLE 10 - INSURANCE Prior to the time Engineer is entitled to commence any part of the Services under this 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 $500,000 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 $500,000 each accident, $500,000 by disease policy limit, and $500,000 by disease each employee shall also be obtained and maintained throughout the term of this agreement. 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 be suitable for reuse by Owner or others on extensions of this Project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Engineer. ARTICLE 13 - AMENDMENT, TERMINATION AND STOP ORDERS This 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 delivered to the Owner. 4 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 performance of the Services without the prior written authorization of Owner or in response to legal process. ARTICLE 15 - NOTICE Any notice, demand or request required by or made pursuant to this Agreement shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To Engineer: Parkhill, Smith & Cooper, Inc. ATTN: Edwin E. Davis, P.E. 422285 1h Street Lubbock, Texas 79423 To Owner: City of Lubbock ATTN: Larry Hertel, 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. 5 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. ARTICLE 18 - MISCELLANEOUS 18.1 Nonwaiver. A waiver by either Owner or Engineer of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. 18.2 Severability. The invalidity, illegality or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void. ARTICLE 19 - INTEGRATION AND MODIFICATION This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations and agreements, either written or oral. This Agreement may be amended only by a written instrument signed by each of the parties. 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 due) this Agreement without the written consent of the other, except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph, subject to Article 22, shall prevent Engineer from E61 employing such independent consultants, associates and subcontractors as he may deem appropriate to assist him in the performance of the Services hereunder. ARTICLE 22 - SUBCONTRACTORS No work herein called for by the Engineers shall be subcontracted to a subcontractor who is not acceptable to the Owner or assigned without prior written approval of the Owner. The Engineer shal I require subcontracts to conform to the applicable terms of this Contract and include provisions which require subcontractor compliance with Owner's Rules. ARTICLE 23 - THIRD PARTY RIGHTS Nothing herein shall be construed to give any rights or benefits to anyone other than Owner and Engineer. IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF LUBBOCK, 'TEXAS APPRO ED AS TO CONTEN arry Hertel Tom Martin, Mayor City En -gine Hertel( APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney Attest Rebecca Garza City Secretary PARKHILL, SMITH & COOPER. INC. By Attest C in E. DaV1S, eery C. i er, P.E. Vice President Corporate ssociate Resolution No. 2008-80248 ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES (Construction Period Services) Owner: City of Lubbock, Texas Project #91101: Erskine Street from Frankford Avenue (FM 2528) to Salem Avenue Project #91102: Slide Road from North of Loop 289 to Erskine Street 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. L DEFINED TERMS A. Wherever used in this Agreement (including Attachments hereto), the terms listed below have the meanings indicated, which are applicable to both the singular and plural thereof: 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Documents. 2. Application for Payment ---The form acceptable to Engineer which is to be used by Contractor in requesting progress or final payments for the completion of its Work and which is to he 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 Construction Agreement. 6. Construction Agreement—The written instrument which is evidence of the agreement, contained in the Contract Documents, between Owner and Contractor concerning the Work. 7. Construction Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. 8. Continuous Observation --Observation of construction on a basis that is sufficient to reasonably assure substantial compliance with the plans and specifications and is considered continuous as opposed to intermittent observation. Personnel performing continuous observation are not required to be on a specific site 100 percent of the time, but may leave a specific site for indefinite periods of time to observe other sites, observe other portions of project work, perform other A-1 assignments, or leave the site if no work is being performed that, in the opinion of the Engineer, requires observation. 9. Continuous Presence—See Continuous Observation. 10. Contract Documents—Documents that establish the rights and obligations of the parties engaged in construction and include the Construction Agreement between Owner and Contractor, Addenda (which pertain to the Contract Documents), Contractor's Bid (including documentation accompanying the Bid and any post -Bid documentation submitted prior to the notice of award) when attached to the Construction Agreement, the notice to proceed, the bonds, appropriate certifications, the General Conditions, the Special Provisions, the Specifications and the Drawings as the same are more specifically identified in the Construction Agreement, together with all Written Amendment, Change Orders, Work Change Directives, Field Orders, and Engineer's written interpretations and clarifications issued on or after the Effective Date of the Construction Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. 11. Construction Contract Times—The numbers of days or the dates stated in the Construction Agreement to: (i) achieve Substantial Completion, and (ii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 12. Contractor—An individual or entity with whom Owner enters into a Construction Agreement. 13. Correction Period—The time after Substantial Completion during which Contractor must correct, at no cost to Owner, any Defective Work, normally one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee or specific provision of the Contract Documents. 14. Defective—An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty, or deficient, in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to Engineer's recommendation of final payment. 15. Documents—Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by Engineer to Owner pursuant to this Agreement. lf. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by contractor. Shop Drawings are not Drawings as so defined. 17. Effective Date of the Construction Agreement—The date indicated in the Construction Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Construction Agreement is signed and delivered by the last of the two parties to sign and deliver. 18. Engineer's Consultants—Individuals or entities having a contract with Engineer to furnish services with respect to this Project as Engineer's independent professional associates, consultants, subcontractors, or vendors. The term Engineer includes Engineer's Consultants. A-2 19. Field Order—A written order issued by Engineer which directs minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 20. General Conditions—That part of the Contract Documents which sets forth terms, conditions, and procedures that govern the Work to be performed or furnished by Contractor with respect to the Project. 21. Intermittent Observation—Observation of construction on a basis such that specific milestones of construction progress are observed for substantial compliance with the plans and specifications prior to beginning work toward the next milestone. An example is checking steel reinforcement placement prior to concrete being placed, but not being on-site continuously while the reinforcement is being assembled. 22. Intermittent Presence—See Intermittent Observation. 23. Record Drawings—The drawings as issued for construction on which the Engineer, upon completion of the Work, has shown changes due to Addenda or Change Orders and other information Engineer considers significant based on record documents furnished by Contractor to Engineer and which were annotated by Contractor to show changes made during construction. 24. Resident Project Representative—The authorized representative of Engineer, assigned to assist Engineer at the Site during the Construction phase. The Resident Project Representative will be Engineer's agent or employee and under Engineer's supervision. As used herein, the term Resident Project Representative includes any assistants of Resident Project Representative agreed to by Owner. 25. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 26. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to Engineer to illustrate some portion of the Work. 27. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands furnished by Owner which are designated for use of Contractor. 28. Specifications—that part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 29. Substantial Completion—The 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, Work—The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents with respect to A-3 this Project. Work includes and is the result of performing or furnishing labor, services, and documentation necessary to produce such construction and furnishing, installing, and incorporating all materials and all equipment into such construction, all as required by the Contract Documents. 32. Work Change Directive—A written directive to Contractor issued 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 non-technical rather than strictly construction -related aspects of the Contract Documents. II. BASIC CONSTRUCTION PERIOD SERVICES A. Upon award of a construction contract to a Contractor, and upon written authorization from Owner, Engineer shall: General Administration of Construction Contract—Consult with Owner and act as Owner's representative as authorized by Owner. Resident Project Representative (RPR)—Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor's work. Duties, responsibilities, and authority of the RPR are as set forth in this Agreement. The furnishing of such RPR's services will not extend Engineer's responsibilities or authority beyond the specific limits set forth elsewhere in this Agreement. Pre -Construction Conference—Participate in a Pre -Construction Conference prior to commencement of Work at the Site. 4. Visits to Site and Observation of Construction --In connection with observations of Contractor's work in progress while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress or to involve detailed inspections of Contractor's work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment as assisted by the Resident Project Representative, if A-4 any. Based on information obtained during such visits and such observations, Engineer will determine in general if Contractor's work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. Perform periodic construction materials testing as spot checks of the Contractor's work and Contractor's testing agency. The bulk of the construction materials testing will be performed by the Contractor's testing agency. C. Engineer shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 5. Defective Work --Recommend to Owner that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, Engineer believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 6. Clarifications and Interpretations; Field Orders --Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Engineer may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. 7. Change orders and Work Change Directives --Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. 8. Shop Drawings and Samples --Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety, precautions and programs incident thereto. 9. Substitutes and "or -equal --"Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor. 10. Inspections and Tests --Require such special inspections or tests of Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Engineer's review of such certificates will be for the purpose of A-5 determining that the results certified indicate compliance with the Contract Documents. 11. Disagreements between Owner and Contractor --Render formal written decisions on all claims of Owner and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of Contractor's work. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 12. Applications for Payment --Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review, that, to the best of Engineer's knowledge, information and belief, Contractor's work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe Contractor's work. In the case of unit price work, Engineer's recommendations of payment will include final determinations of quantities and classifications of Contractor's work (subject to any subsequent adjustments allowed by the Contract Documents). 13. Contractor's Completion Documents. a. Receive and review maintenance and operating instructions, schedules, and guarantees. b. Receive bonds, certificates, or other evidence of insurance not previously submitted and required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples, annotated record drawings, and other data which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. C. Engineer shall transmit these documents to Owner. 14. Substantial Completion --Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, conduct an inspection to determine if the Work is Substantially Complete. If after considering any objections of Owner, Engineer considers the Work Substantially Complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. The certificate of Substantial Completion shall not be issued so long as major items of Work remain to be completed. Normally, only minor "punch list" items that do not affect the function of the Work can remain when a substantial completion certificate is issued. A-6 15. Final Notice of Acceptability of the Work --Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide "Notice of Acceptability of Work" that the Work is acceptable to the best of Engineer's knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. Such notice shall not be issued until all items of the Work, including "punch list" items, are satisfactorily completed. B. Duration of Construction. Phase. The Construction Phase will commence with the execution of the first Construction Agreement for the Project or any part thereof and subsequent notice to proceed from Owner to Engineer, and will terminate upon written recommendation by Engineer for final payment to Contractors and subsequent delivery of record drawings to Owner. In no case shall the duration of the construction phase exceed the duration in Exhibit B without modification of the professional services agreement and schedule. C. Limitation of Responsibilities. Engineer shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work 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. D. Resident Project Representative This section of the Agreement defines the duties, responsibilities and limitations of authority of Resident Project Representative. 1. Engineer shall furnish Resident Project Representative ("RPR"), assistants, and other field staff to assist Engineer in observing progress and quality of the Work. 2. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the RPR and assistants, Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the Work. However, Engineer shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the Contractor's Work nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected by Contractor, for safety precautions and programs incident to the Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's performing and furnishing the Work, or responsibility of construction for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. 3. The duties and responsibilities of the RPR are limited to those of Engineer in this Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: a. 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 A-7 actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. b. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. C. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. d. Liaison: 1) Serve as engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. 2) Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 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: I ) Conduct on -Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. 2) Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. FEW 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. 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 names, 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. 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. E in. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. n. Completion: 1) Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. 2) Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 3) Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. 4) Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. o. Resident Project Representative shall not: 1) Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2) Exceed limitations of Engineer's authority as set forth in this Agreement or the Contract Documents. 3) Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4) Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5) Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. 6) Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7) Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8) Authorize Owner to occupy the Project in whole or in part. will E. F Frequency of Construction Observation and Coordination 2. 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. 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. Excavation and backfill. C. Placement of concrete for inlets, manholes and headwalls. d. Placement of rock riprap and concrete riprap. e. Placement of street flexible base and asphalt stabilized base. f. Placement of hot -mix asphaltic -cement concrete pavement. g. Placement of Portland cement concrete paving, curb and gutter and sidewalk. h. Preparation of surface for seeding and sod placement to include fertilizer application to subgrade. i. Seeding operations to include placement of seed. j. Pavement markings. k. Traffic Signals I. Signs. The Engineer shall perform intermittent observation of the following typical construction activities expected for the project: a. Construction materials field tests for density of soils, density of hot -mix asphalt pavement, compressive strength of concrete, air content of concrete, slump of concrete, and other such types of field testing called for in the Contract Documents. b. Headwall construction involving excavation phase, subgrade preparation, reinforcing steel placement, formwork and backfill. C. Inlet construction involving excavation phase, subgrade preparation, reinforcing steel placement, formwork, and backfill. d. Solid sod placement for areas receiving sod. e. Manhole construction. f. Temporary items such as: I ) Traffic control devices. 2) Storm water pollution prevention devices. 3) Temporary facilities and controls. 4) Project cleanup. g. Portland cement concrete pavement and curb -and -gutter subgrade, formwork, steel placement, pavement thickness, applicable dowels and finishes. Post -Construction Period Services 1. Record Drawings. Prepare record drawings from information and drawing markups supplied by Contractor. A-11 G. Deliverables 1. One reproducible set of record drawings delivered to Owner. 2. One non -reproducible set of record drawings delivered to Owner. 3. Compact discs containing the electronic files of the record drawings delivered to Owner. 4. One set of RPR inspection logs delivered to Owner. 5. Owner copies of Contractor submittals. 6. Owner copies of test results H. Supplemental Construction Period Services None. III. ADDITIONAL SERVICES A. At the request of the Owner, the Engineer will provide Additional Services as included herein or upon agreement between Owner and the Engineer defining the extent of such Additional Services and the amount and manner in which Engineer will be compensated for such Additional Services. B. Additional Services may include but are not limited to: 1. Providing construction, property or other special field surveys. 2. Construction materials testing services 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 on the project or on project -related items above the man-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. 2008-RO248 ATTACHMENT B TO AGREEMENT FOR CONSTRUCTION PERIOD ENGINEERING SERVICES Owner: City of Lubbock, Texas Project #91101: Erskine Street from Frankford Avenue (FM 2528) to Salem Avenue Project #91102: Slide Road from North of Loop 289 to Erskine Street 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 -l. 2. The Engineer agrees to use its best efforts to perform services as defined herein within the billing limits stated below. 3. It is understood and agreed that the maximum billings of each of the items listed below are based on the start of Services being authorized not later than July 31, 2008, and are also contingent on the construction Contractor's diligent prosecution of the Work. If start of Basic Services is not authorized by date given, it is understood and agreed that the upper billing limit will be adjusted accordingly by a supplement to this Agreement. 4. Monthly payments shall be made to the Engineer by the Owner based on Engineer's statement. The statement shall be itemized to indicate the amount of work performed and the associated reimbursable expenses and subcontract costs. 5. The uncontested amount of each statement shall be due and payable upon receipt by the Owner. Carrying charges of 1-112 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. PW B. BASIC CONSTRUCTION PERIOD ENGINEERING SERVICES 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 $1,172—L51 WITHOUT AUTHORIZATION 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. C. ADDITIONAL SERVICES Additional services must be authorized in writing by the Owner. 1. The maximum billed for Additional Services will be determined by mutual consent before the Additional Services are authorized by the Owner. 2. The Engineer shall start the performance of the authorized Additional Services within ten (10) days of the receipt of notice to proceed and will complete the Additional Services within the time period determined by mutual consent before the Additional Services are authorized by the Owner. RM Basic Basic Personnel Reimbursable Services Expenses TOTAL Parkhill, Smith & Cooper, Inc. $934,084 $53,998 $988,082 HNTB $110,361 $12,860 $123,221 Terra Testing $52,879 $52,879 High Tech Surveyors $7,970 $7,970 TOTAL BASIC CONSTRUCTION PERIOD SERVICES NOT TO EXCEED $1,172—L51 WITHOUT AUTHORIZATION 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. C. ADDITIONAL SERVICES Additional services must be authorized in writing by the Owner. 1. The maximum billed for Additional Services will be determined by mutual consent before the Additional Services are authorized by the Owner. 2. The Engineer shall start the performance of the authorized Additional Services within ten (10) days of the receipt of notice to proceed and will complete the Additional Services within the time period determined by mutual consent before the Additional Services are authorized by the Owner. RM TABLE B-1 PERSONNEL SERVICES RATES TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project #91101: Erskine Street from Frankford Avenue (FM 2528) to Salem Avenue Project #91102: Slide Road from North of Loop 289 to Erskine Street COMPENSATION RATES Hourly fees listed herein will apply until December 31, 2010. Hourly fees shall be adjusted beyond December 31, 2010 by multiplying the hourly fee by the Consumer Price Index increase published on or after January 1, 2011 and each successive year thereafter. ABASIC PERSONNEL SERVICES Cate ory of Personnel IHR PSC Principal -in -Charge 162.00 Project Manager or Senior Professional Engineer 137.00 Senior Professional Engineer 122.00 Professional Engineer 105.00 Engineer -In -Training 88.00 TechnicianlDesigner 78.00 Drafter/CADD Operator 71.00 Clerical 63.00 HNTlB Principal -in -Charge or Officer 287.00 Project Manager 256.50 Deputy Project Manager 198.00 Project Engineer 117.25 Engineer -In -Training 100.00 CADD Technician 110.50 Project Administration 99.50 RIN 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. Resolution No. 2008-RO248 ATTACHMENT C TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project #91101: Erskine Street from Frankford Avenue (FM 2528) to Salem Avenue Project #91102: Slide Road from North of Loop 289 to Erskine Street OWNER'S RESPONSIBILITIES The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items: 1. Access to all maps, drawings, reports, records, audits, annual reports and other data that are available in the files of the Owner and which may be useful in the work involved under this Contract. 2. Secure permission to enter upon public and private property when required in performance of the Engineer's services. 3. Access to existing property, boundary, casement, 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. 8. Provide such legal accounting, independent cost estimating and insurance counseling services as may be required for the Project and such auditing services as Owner may require to ascertain how or for what purpose any contractor has used the monies paid to him under the construction contract. C - I 9. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of any defect in the Project. 10. Cooperate with Engineer in securing preliminary approvals and consensus from the governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. ll. 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 ATTACHMENT D ENGINEER'S RESPONSIBILITIES I. The Engineer's responsibilities under this agreement are shown in Attachment A and Exhibit A-1 for Basic Construction Period Services. II. The Engineer's responsibilities shown in Exhibit A-1 are congruent with the Scope of Services given under Attachment A. D- 1 EXHIBIT A -I BASIC CONSTRUCTION PERIOD SERVICES TASKING, MAN-HOURS, REIMBURSABLES, AND SUBCONTRACTORS CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES Erskine Street from Frankford Avenue (FM 2528) to Salem Avenue - Project # 91101 Slide Road from North of Loop 289 to Erskine Street - Project # 91102 ESTIMATE OF MAN-HOURS and TASKS - CONSTRUCTION PHASE SERVICES SUMMARY Basic Basle Personnel Reimbursable Company Services Expenses TOTAL Parkhill, Smith & Cooper, Inc. $934,084 $53,998 $988,082 HNTB $110,361 $12,860 $123,221 Terra Testing $52,879 $52,879 High Tech Surveyors $7,970 $7,970 TOTALS $1,044,445 $127,707 $1,172,151 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES Erskine Street from Frankford Avenue (FM 2528) to Salem Avenue - Project # 91101 Slide Road from North of Loop 289 to Erskine Street - Project # 91102 ESTIMATE OF MAN-HOURS and TASKS - CONSTRUCTION PHASE SERVICES WORKSHEET 1 Onrtrhill Cmith R r-nnnor Inc, 30 -Jun -08 2 of 9 Task Prin. Proj. Sr. Prof. EIT Tech. Drafter Clerical Total Total in Mgr. Prof I Engr or CADD Hours Extension Charge Engr Designer ($> Rates »»>7.1y>r 5162 00 5137.G�� 5122.00 $105,00 Ctm.OG $78.00 $71.00 $63.00 A CONSTRH General Administration of Construction Contract 28 month duration 1 S! Weekly Progress Meetings 4hr per meeting day 56 221 112 392 $38,208 Resident Project Representation 2 (see RPR detail) Pre Construction Conference 3 Prepare and Attend, Notes 4 8 12 28 $2.696 Visits to Site and Observation of Construction 28 month construction period 2 visit per week @ 4 hrslvisit = 28'4"8 = 895 - use 900 SpR between PM (100) and Project Engineer (400) and EIT(400) 4 Clerical 1 hfslvisit for documents 100 400 400 112 1012 $97.956 Defective Work 5 Included above Clarifications and Interpretations; Field Orders 4 6 Estimate 10 field orders 10 40 20 80 10 160 513,540 Change Orders and Work Change Directives 7 Estimate 5 Change Orders 5 20 x48 4G 40 10 163 $15,580 Shop drawings and Samples Estimate 10 Submittals 12 12 10 40 12 B6 $8.434 Inspections and Tests Coordination with Geotech Review test reports Estimated at 8 hrslmonth for PE 12 22 i 2 248 W2:. !2G 2 of 9 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES Erskine Street from Frankf©rd Avenue (FM 2528) to Salem Avenue - Project # 91101 Slide Road from North of Loop 289 to Erskine Street - Project # 91102 ESTIMATE OF MAN-HOURS and TASKS - CONSTRUCTION PHASE SERVICES WORKSHEET 1 Parkhill, Smith & Cooper, Inc 3of9 Task Prin- Proj. Sr. Prof. EIT Tech. Drafter Cler in K49r. Prof. Engr or CADD Char e Engr. Designer «««««« Rates »,»»»-=> $162.00 $137.00 $12200 $105.00 $88.00 $78.00 $71.00 $t Applications for Payment Estimate 28 progress payment applications, one substantial completion payment application and one final pay application for a total of 30 payment applications. 10 6 hours per application for PE 180 Contractor's Completion Documents 11 Receive and review documents, transmit to Owner $ Substantial Completion Site Visit with Owner Certificate of Substantial Completion 12, Prepare punch list items Final Notice of Acceptability of the Work Site Visit with Owner 13 Acceptance Documents 3of9 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES Erskine Street from Frankford Avenue (FM 2528) to Salem Avenue - Project # 91101 Slide Road from North of Loop 289 to Erskine Street - Project # 91102 ESTIMATE OF MAN-HOURS and TASKS - CONSTRUCTION PHASE SERVICES WORKSHEET 1 Drjehilll Qrnith R. re%nnar Inin 30 -Jun -08 4 of 9 Task Prin. Pro). Sr Prot F iT Tech Drafter Clerical Total Total in Mgr. Prof. Engr CAD Hour=. Extension Charge Engr. $71 nr,: '4E D Fzesideap 'ro "cA we" Construction Period - zo 4 weeks per month = 112 weeks 56 wks at 6 days per week = 336 days 56 wks at 5 days per week = 280 days = 616 days total One full time (10hrs per day) = 6,160 hours One 112 time (4 hrs per day) = 2,464 hours Total RPR Time = 8,624 711eficai "rf,- _ allow 1 1-1r! veek = 112 hrs Serv;ces 120 166 $ 13.270 I Reproducible S,1 )i R [3,,- rg(91 sheets mylar) 1 Print of Record Drawings 191 sheets paper) 1 CD of files 1 Set RPR logs J C.-.w!'jc!- t'w tl 1,' 56,056 SuLtotals, for Worksheet 1 PSC Basic Services $2,430 1 $37,812 $1,464 $126,840 $46,464 $672,672 $19,312 $27,090 $934,084 4 of 9 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES Erskine Street from Frankford Avenue (FM 2528) to Salem Avenue - Project # 91101 Slide Road from North of Loop 289 to Erskine Street - Project # 91102 ESTIMATE OF MAN-HOURS and TASKS - CONSTRUCTION PHASE SERVICES WORKSHEET 2 HNTB 30 -.tun -08 5 of 9 I ast:. Principle In Charge Project Deputy Project Manager Project Engineer Manager Engineer In Training GADD Tech Total Total Hours Extension (�) i,ie Construction Conies:=; Attend) Estimate 4 16 32 16 8 72 $13. 1 2 Project Coordination and Administration 8 10 28 50 $7,966 3 Visits to Site and Observation of Construction Assume 4 total visits. 1 overnight visit 12 32 28 72 $12,697 Shop Drawings Estimate 5 Submittals 10 201 10 50 $6,430 5 ­erpretation of Contract Documents (As Needed) 20 40 48 136 $21,772 6 1„4 401(4 030 11110sheets $25.098 G 1 Repi iiuc;t,le Set of Recoro Drawis,ys 1159 i1F3ct5 r, ydur 1 Print of Record Drawings (159 sheets paper) 1 CD of fifes 1 pruner set of C,>ntractor suhniittils Soutotals for Worksheet 2 HNTB Basic Services $ 1.148 $ 17,699 $ 32,076 $ 22,981 $ 2,200 $ 30,277 $ 3,880 $110,361 5 of 9 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES Erskine Street from Frankford Avenue (FM 2528) to Salem Avenue - Project # 91102 Slide Road from North of Loop 289 to Erskine Street - Project # 91103 ESTIMATE OF REIMBURSABLE EXPENSES - CONSTRUCTION PHASE SERVICES WORKSHEET 3 PARKHILL, SMITH & COOPER, INC. 3a -Jun -08 Reimbursable Expenses Qty. Unit Unit Price Unit Extension Mileage (Engineers, RPR's) 60mild-RPR, 30miltrip for 400 trips -Engineers 72480 Wiles @ S0.505 per mile 536,602 Reproduction 11x17 Copies (Paper, includes checking prints) 1000 Sheets @ $0.20 per copy $200 11x17 Copies (Mylar) 91 Sheets @ $2.00 per copy $182 8.5x11 Copies 500 Sheets @ $0.10 per sheet S50 Miscelaneous Postage, shipping and delivery, mise- 40 Mailings @ $10.00 per mailing $400 Long Distance Telephone 1 Project @ S500.00 per project $500 Cellutar phone 1-1l2 phones at 28 months 42 months @ $15000 per month $6.300 CADD charges 272 Hours o@ S10.00 per hour $2,720 Subtotals for Worksheet 3 PSC Reimbursables. S46,954 wl Contract multiplier for reimbursables = 1.15 $53,998 Total PSC Expenses $53,898 6 of 9 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES Erskine Street from Frankford Avenue (FM 2528) to Salem Avenue - Project Slide Roar) from North of Loop 289 to Erskine Street - Project If 9110a ESTIMATE OF REIMBURSABLE EXPENSES - CONSTRUCTION PHASE SERVICES WORKSHEET 4 HNTR. INC 30 -Jun -08 Reimbursable Expenses Qty. Unit Unit Price Unit Extension Travel Airfare 16 Each @ $275.00 round trip $4,400 Total of 16 (8x2 staff/trip) Car Rental 9 Days @ $90.00 per day $810 Fuel 8 - trips @ 40 milesltrip, 15 mpg 21,5 Gallons @ $3.40 per gallon $73 Parking 16 Days @ $5,00 per day $80 Mileage Total of 16 trips @ 20 miles/trip 320 Miles @ $0.505 per mile 5162 Meals 18 Each @ $20-00 per meal $360 Overnight Stay 1 night, 2 each 2 Nights @ $100.00 per night $200 Reproduction 11x17 Copies (Paper, includes checking prints) 480 Sheets @ $0.20 per copy $96 11 x1 7 Copies (Mylar) 160 Sheets @ $2.00 per sheet $320 8.5x11 Copies 120 Sheets @ $0.10 per copy $12 Miscellaneous Postage, shipping and delivery, misc. 40 Mailings @ $10.00 per mailing $400 Overnight 10 Overnight @ $40.00 per mailing $400 Long Distance Telephone 1 Project @ $500.00 per project 5500 Cellular phone 50 minuteslmo @ 0.45/min 1400 Minutes @ $0.45 per Minute $630 CADD charges 274 Hours @ $10.00 per hour $2,740 Subtotals for Worksheet 4 HNTR Reimbursables $11.183 wl Contract multiplier for reimbursables = 1.15 $12,860 Total HNTB Expenses $12,860 7 of 9 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES Erskine Street from Frankford Avenue (FM 2528) to Salem Avenue - Project # 91101 Slide Road from North of Loop 289 to Erskine Street - Project # 91102 ESTIMATE OF TESTING SUBCONSULTANT FEES for CONSTRUCTION PHASE SERVICES WORKSHEET 5 Terra Testing 3P -Jun -08 No. Subconsultant Expenses I Qty I Unit I Unit Price I Total 1. Quantities herein are to establish a budget allowance for testing materials as spot checks on the Contractor's work and Contractor's testing agency. Actual testing quantity subject to Contractor's operations and materials furnished. Testing may vary from these quantities and budgeted amounts. however the budgeted amount shall not be exceeded unless authorized by City Council. Should the budgeted amount be met without additional monies being approved by City Council for necessary spot check testing, then testing will be suspended. Testing by the Engineer is for spot check testing only 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. 2 Technician time (Regular Rate) 450 hours 545.00 $20,250.00 2h/wk average 3 Mileage 6720 miles $0.45 $3,024.00 2 trips/wk at 30miltrip CONCRETE 4 Testing concrete cylinders 1 test13000 SY avg (slip form machine) 45 each $100.00 $4.500.00 5 Testing concrete cylinders 1 test/pour avg (intersections) 20 each $100.00 $2,000.00 6 Slump 65 each $15.00 $975.00 7 Air 65 each $45.00 $2,925.00 8 Deleterious materials 2 each $45.00 $90,00 9 Inside city limits trip charges 16 each $20.00 $320.00 10 Core drilling 8 each $75.00 $600.00 11 Core preparation 8 each $45.00 $360.00 12 Capping and testing cores 8 each $10-00 $80.00 13 Patching 8 each $50.00 $400,00 14 Coring machine rental charges 8 each $100.00 $800.00 SOILS 12 Mechanical analysis with hydrometer 5 each $250.00 $1,250.00 13 Standard Proctor density 10 each $10000 $1,000.00 14 Field soil density test (nuclear) - a set of 3 per trip 50 each $75.00 $3.750.00 15 Field soil density test {sand cone) 2 each $100.00 $200.00 16 Atterberg Limits 10 each $45.00 $450.00 17 Shrinkage tests 10 each $75.00 $750.00 18 Wet ball mill tests 10 each $175.00 $1,750.00 19 Classification 10 each $8.00 $80.00 20 Compressive strength of molded sample 10 each $35.00 $350.00 ASPHALT 21 Marshall Stability & Flow 5 each $225.00 $1,125.00 22 Maximum Theoretical Sprcific Gravity 5 each $125.00 $625.00, 23 Asphalt extraction with gradation 5 each $250.00 $1,250.00 24 Bulk Specific Grabity 5 each 5150.00 $750.00 25 Percent Air Voids 5 each $5000 $250.00 26 Marshall tests series 5 each $225.00 $1,125.00 27 Coring drilling for Thickness of asphalt 5 each $75.00 $375.00 28 Core preparation 5 each $45.00 $225.00 29 Batching 5 each $50.00 $250.00 30 Coring machine rental charges 5 each $100.00 $500.00 31 Insurance carrier surcharge for subrogation requirements 1 each $500.00 $500.00 Subtotal Construction Material Testing Services -Terra Testing $52,879.00 UNIT PRICE ----- Valid for Calendar Years 2008, 2009 & 2010 with an escalation rate of 3/ per year over the three year contract. I . Minimum call -out charge for technician and equipment or sample pickup is 2 hours. Charges are accreued portatl to portal. 2 Overtime rates of 1.5 times the regular overly rates are applicable to time worked in excess of 8 hours per day. Monday through Friday, hours worked before 8.00 am and after 5 00 pm: and all hour worked on Saturdays, Sundays and holidays. 3. Call for any tests that not listed above 8of9 EXHIBIT A-1 CITY OF LUBBOCK, TEXAS ENGINEERING SERVICES Erskine Street from Frankford Avenue (FM 2528) to Salem Avenue - Project # 91101 Slide Road from North of Loop 289 to Erskine Street - Project # 91102 ESTIMATE OF SURVEYING SUBCONSULTANT FEES for CONSTRUCTION PHASE SERVICES WORKSHEET 6 HIGH-TECH 30 -Jun -08 9of9 Subconsultant Expenses Qty Unit Unit Price Total TWO MAN FIELD PARTY 40 hours $1110.00 $4.400.00 G.P.S. Trimble 4000 10 days $200.00 $2,000.00 R.P.L.S. 15 hours $94.00 $1,410.00 MILEAGE 200 miles $0.80 $160.00 Note: Contract Rates are Attached Subtotal SURVEYING Services - HIGH-TECH $7,970.00 9of9 EXHIBIT B BASIC CONSTRUCTION PERIOD SERVICES SCHEDULE EXHIBIT B City of Lubbock PROJECT CONSTRUCTION SCHEDULE: Erskine St and Slide Road -� Task Name Duration Jul DBiAu '0 Se D Oct'D Nov'0 Dec'0 Jan'0 Feb' Mar'0 A r'0 Ma Q Jun'O Jul '09 Au Y Erskine/Slide Construction Period Services 607 days Resolution No. 2008-RO248 Mar'1 Apr'1 May"I Jun'1 Jul'101Au S1q I�__W1 Oct'1 Nov'1 Dec — Bids Opened 0 days a/1 I Pre -Construction Meeting 0 days 8128 Traffic Control 2 days - - Project Barricades 2 days [ - Removal 20 days Prep ROW 2 wks Demo Curb & gutter, sidewalk and misc concrete 1 wk Remove Asphalt paving 2 wks Drainage (Erskine and Slide) 482 days Box CuIv (7x7) 4,209 LF @ 24'/d 175 days Inlets (21) 180 days Manholes (8) 120 days Box Cuiv (5x4) 317 LF @ 24'/d 2 wits Box Culy (44) 331 LF @ 24'/d 2 wks Box Cuiv (3x2) 358 LF @ 24'/d 15 days Box Culv (5x5) 5,565 LF @24'/d) 232 days Box Culy (8x4) 512 LF (Slide Road) 2 mons Roadway (Erskine and Slide) 260 days Excavation and Embankment 2 mons Subgrade Prep 2 mons j Concrete Paving Prep (slip form) (3days per day of paving) F 160 days Concrete Paving (Slip form) 3000sy/d+30% 60 days Concrete Paving (conventional forms) 200sy/wk 18 wks I Asphalt Paving 3 wks — — Ii Pavement Markings 3 wks Signage 1 mon Clean-up (SWPPP, blading, sweeping, Seeding, ect 2 wks Signals and Illumination 40 days Signals 2 mons Illumination 2 mons I f __........ El i _ I j - ' 7 1 ? - j I —1 1 - 1 I .......... — C f I i t - — — -- _ i 3 t i S T 3 3 3 3 t i i 3 a - I I ? Revised Mon 6/30/08