HomeMy WebLinkAboutResolution - 2017-R0031 - Parkhill Smith & Cooper - 01/26/2017Resolution No. 2017-R0031
Item No. 6.17
January 26, 2017
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, an Agreement for a Professional Service Contract for
Engineer of Record for the Northwest Lubbock Drainage Improvement Project, Phase 2, by and
between the City of Lubbock and Parkhill, Smith & Cooper, Inc., and related documents. Said
Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and
shall be included in the minutes of the City Council.
Passed by the City Council on Januaa 26, 2017
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DANIEL M. POPE, MAYOR
ATTEST:
Reb cca Garza, City Secreta
APPROVED AS TO C6NTENT:
Wood FranklinfP.E., Director of Public Works
fer W idson, P.E., Stormwater Engineer
APPROVED AS TO FORM:
Kell Leisure, Assistant City Attorney
RES. PS -Contract -Parkhill, Smith & Cooper, Inc
1.10.17
Resolution No. 2017-R0031
PROFESSIONAL SERVICES CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Contract, (the "Contract" or "Agreement"), effective as of the 26thay of January , 2017
(the "Effective Date'), is by and between the City of Lubbock, (the "CITY"), a Texas home rule municipal
corporation, and Parkhill, Smith & Cooper, Inc., ("DESIGN ENGINEER") a Texas professional corporation
authorized to conduct business in Texas.
WITNESSETH
WHEREAS, the CITY desires to obtain professional engineering services related to the general
construction administration of the
Northwest Lubbock Drainage Improvements Project, Phase 2
(the "Activities" or "Project");
WHEREAS, DESIGN ENGINEER has a professional staff experienced and is qualified to provide
professional engineering services related to the Activities, and will provide the Services, as defined
below, for the price provided herein, said price stipulated by CITY and DESIGN ENGINEER to be a fair and
reasonable price; and
WHEREAS, the CITY desires to contract with DESIGN ENGINEER to provide professional
engineering services related to the Activities and DESIGN ENGINEER desires to provide the Services
related to same.
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in
this Contract, the CITY and DESIGN ENGINEER hereby agree as follows:
ARTICLE I. TERM
The term of this Contract commences on the Effective Date and continues without interruption
for a term of 36 calendar months. If the DESIGN ENGINEER determines that additional time is required
to complete the Services, the City Engineer, may in his discretion, but is not obligated to, execute an
agreement to grant up to an additional six (6) months of time to complete the Services so long as the
amount of the monetary consideration does not increase. An amendment to this Agreement resulting in
an increase in the amount of the monetary consideration must be approved by the CITY acting through
its governing body.
ARTICLE II. SERVICES AND COMPENSATION
A. DESIGN ENGINEER shall conduct all activities and within such timeframes as set forth in
Exhibit "A," attached hereto (the "Services").
B. DESIGN ENGINEER shall receive as consideration to be paid for the performance of the
Services set forth in Exhibit "A" and paid in accordance with Exhibit "B", an amount not to exceed
$669,206 based on hourly rates as provided in Exhibit "C" and task descriptions provided in Exhibit "D".
This not to exceed amount is conditioned on construction contract time to complete the work (from
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construction contractor's notice to proceed through final review and recommendation for final
payment) not exceeding 24 months. Should the construction contract time to complete the work
extend beyond 24 months, the total compensation to DESIGN ENGINEER will be appropriately adjusted.
ARTICLE III. TERMINATION
A. General. CITY may terminate this Contract, for any reason or convenience, upon thirty (30)
days written notice to DESIGN ENGINEER. In the event this Agreement is so terminated, the CITY shall
only pay DESIGN ENGINEER for services actually performed by DESIGN ENGINEER up to the date DESIGN
ENGINEER is deemed to have received notice of termination as provided herein.
B. Termination and Remedies. In the event DESIGN ENGINEER breaches any term and/or
provision of this Contract, the CITY shall be entitled to exercise any right or remedy available to it by this
Contract, at law, equity, or otherwise, including without limitation, termination of this Contract and
assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not
preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall
be cumulative.
ARTICLE IV. NON -ARBITRATION
The CITY reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the CITY shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative
and not exclusive, and may be exercised concurrently. To the extent of any conflict between this
provision and another provision in, or related to, this document, this provision shall control.
ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. DESIGN ENGINEER is a corporation duly organized, validly existing, and in good
standing under the laws of the State of Texas and is qualified to carry on its business in the State of
Texas.
B. Corporate Power. DESIGN ENGINEER has the corporate power to enter into and perform this
Contract and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Contract and the activities
contemplated hereby have been duly and validly authorized by all the requisite corporate action on the
part of DESIGN ENGINEER. This Contract constitutes legal, valid, and binding obligations of the DESIGN
ENGINEER and is enforceable in accordance with the terms thereof.
D. Engineer. DESIGN ENGINEER maintains a professional staff and employs, as needed, other
qualified specialists experienced in providing the Services, and are familiar with all laws, rules, and
regulations, both state and federal, including, without limitation the applicable laws, regarding the
Activities contemplated hereby.
E. Performance. DESIGN ENGINEER will and shall conduct all activities contemplated by this
Contract in accordance with the standard of care, skill and diligence normally provided by a professional
person in performance of similar professional engineering services, and comply with all applicable laws,
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rules, and regulations, both state and federal, relating to professional engineering services, as
contemplated hereby.
F. Use of Copyrighted Material. DESIGN ENGINEER warrants that any materials provided by
DESIGN ENGINEER for use by CITY pursuant to this Contract shall not contain any proprietary material
owned by any other party that is protected under the Copyright Act or any other law, statute, rule,
order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials.
DESIGN ENGINEER shall be solely responsible for ensuring that any materials provided by DESIGN
ENGINEER pursuant to this Contract satisfy this requirement and DESIGN ENGINEER agrees to indemnify
and hold CITY harmless from all liability or loss caused to CITY or to which CITY is exposed on account of
DESIGN ENGINEER's failure to perform this duty.
ARTICLE VI. SCOPE OF SERVICES
DESIGN ENGINEER shall accomplish the following: Professional Engineering Services unique to
the Engineer of Record in cooperation with the CITY's Construction Representative related to the
general construction administration and application of engineering services for the Northwest Drainage
Improvements Project Phase 2, as defined and provided in Exhibit "A," "Scope of Services."
ARTICLE VII. INDEPENDENT CONTRACTOR STATUS
DESIGN ENGINEER and CITY agree that DESIGN ENGINEER shall perform the duties under this
Contract as an independent contractor and shall be considered as independent contractor under this
Agreement and/or in its activities hereunder for all purposes. DESIGN ENGINEER has the sole discretion
to determine the manner in which the services are to be performed. During the performance of the
Services under this Agreement, DESIGN ENGINEER and DESIGN ENGINEER's employees and/or
subconsultants, will not be considered, for any purpose, employees or agents of the CITY within the
meaning or the application of any federal, slate, or local law or regulation, including without limitation,
laws, rules or regulations regarding or related to unemployment insurance, old age benefits, worker's
compensation, labor, personal injury or taxes of any kind.
ARTICLE VIII. INSURANCE
DESIGN ENGINEER shall procure and carry, at its sole cost and expense through the life of this
Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form
and substance satisfactory to CITY, carried with an insurance company authorized to transact business in
the state of Texas, covering all aspects and risks of loss of all operations in connection with this
Agreement, including without limitation, the indemnity obligations set forth herein. DESIGN ENGINEER
shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each
approved subcontractor or subconsultant of DESIGN ENGINEER to obtain and maintain in full force and
effect during the term of this Agreement, commercial general liability, professional liability, and
automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do
business in the state of Texas. The insurance companies must carry a Best's Rating of A -VII or better. All
policies will be written on per occurrence basis, subject to the following minimum limits of liability:
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Commercial General Liability:
Per Occurrence Single Limit: $1,000,000
General Aggregate Limit: $2,000,000
Professional Liability:
Combined Single Limit: $1,000,000
Automobile Liability:
Combined Single Limit for any auto: $1,000,000 per occurrence
Employer's Liability Limit: $1,000,000
DESIGN ENGINEER shall further cause any approved subcontractor or subconsultant to procure
and carry, during the term of this Agreement, insurance coverage, as specified above for DESIGN
ENGINEER, including without limitation protecting CITY against direct losses caused by the professional
negligence of the approved subcontractor or subconsultant. The CITY shall be listed as a primary and
noncontributory additional insured with respect to the Automobile Liability and Commercial General
Liability and shall be granted a waiver of subrogation under those policies. DESIGN ENGINEER shall
provide a Certificate of Insurance to the CITY as evidence of coverage.
The Certificate shall provide 30 days' notice of cancellation. A copy of the additional insured
endorsement and waiver of subrogation attached to the policy will be included in the Certificate.
DESIGN ENGINEER shall elect to obtain worker's compensation coverage pursuant to Section
406.002 of the Texas Labor Code. Further, DESIGN 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 DESIGN ENGINEER maintains said coverage. The DESIGN 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. If at any time during the
life of the Agreement or any extension hereof, DESIGN ENGINEER fails to maintain the required
insurance in full force and effect, DESIGN ENGINEER shall be in breach hereof and all work under the
Agreement shall be discontinued immediately.
Notwithstanding anything contained herein to the contrary, the professional liability policy shall
be maintained, at DESIGN ENGINEER's sole cost and expense. The retroactive date shall be no later than
the commencement of the performance of this Contract and the discovery period (possibly through tail
coverage) shall be no less than ten (10) years after the completion of work specified in this Contract. The
provisions of this Article VIII shall survive the termination or expiration of this Agreement.
ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS
DESIGN ENGINEER may employ or retain consultants, contractors, or third parties (any of which
are referred to herein as "Subconsultant"), to perform certain duties of DESIGN ENGINEER, as set forth
on Exhibit "A", attached hereto, under this Contract, provided that the CITY approves the retaining of
Subconsultants. DESIGN ENGINEER is at all times responsible to CITY to perform the Services as
provided in this Agreement and DESIGN ENGINEER is in no event relieved of any obligation under this
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Contract upon retainage of any approved Subconsultant. Any agent and/or Subconsultant retained
and/or employed by DESIGN ENGINEER shall be required by DESIGN ENGINEER to carry, for the
protection and benefit of the CITY and DESIGN ENGINEER and naming said third parties as additional
insureds, insurance as required of DESIGN ENGINEER, as described above in this Contract.
DESIGN ENGINEER represents that such services are either under applicable value thresholds or
are otherwise exempt from notice and/or bid requirements under Texas Law.
ARTICLE X. CONFIDENTIALITY
DESIGN ENGINEER shall retain all information received from or concerning the CITY and the
CITY's business in strictest confidence and shall not reveal such information to third parties without prior
written consent of the CITY, unless otherwise required by law.
ARTICLE XI. INDEMNITY
DESIGN ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS
ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES,
DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS,
AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY,
RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF,
RELATED TO, OR OCCASIONED BY, THE NEGLIGENT ACTS OF DESIGN ENGINEER, ITS AGENTS,
EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR
OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OF OCCUPATION OF CITY OWNED PROPERTY. THE
INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS
AGREEMENT.
ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS
DESIGN ENGINEER shall comply with all applicable federal, state and local laws, statutes,
ordinances, rules and regulations relating, in any way, manner or form, to the activities under this
Contract, and any amendments thereto.
ARTICLE XIII. NOTICE
A. General. Whenever notice from DESIGN ENGINEER to CITY or CITY to DESIGN ENGINEER is
required or permitted by this Contract and no other method of notice is provided, such notice shall be
given by (1) actual delivery of the written notice to the other party by hand (in which case such notice
shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon
delivery); or (3) by depositing the written notice in the United States mail, property addressed to the
other party at the address provided in this article, registered or certified mail, return receipt requested,
in which case such notice shall be effective on the third business day after such notice is so deposited.
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B. DESIGN ENGINEER's address and numbers for the purposes of notice are:
Parkhill, Smith & Cooper, Inc.
Attn: Robert H. Holder, P.E.
4222 85th Street
Lubbock, Texas 79423
Telephone: (806) 473-3526
Facsimile: (806) 473-3500
C. CITY's address and numbers for the purposes of notice are:
City of Lubbock
Attn: Jennifer Davidson, P.E.
P. 0. Box 2000
1625 13th Street
Lubbock, Texas 79457
Telephone: (806) 775-2337
Facsimile: (806) 775-3074
D. Change of Address. Either party may change its address or numbers for purposes of notice by
giving written notice to the other party as provided herein, referring specifically to this Contract, and
setting forth such new address or numbers. The address or numbers shall become effective on the 15th
day after such notice is effective.
ARTICLE XIV. CITY PROVIDED DATA
CITY shall furnish DESIGN ENGINEER non -confidential studies, reports, and other available data
in the possession of the CITY pertinent to DESIGN ENGINEER's Services, so long as CITY is entitled to rely
on such studies, reports, and other data for the performance of DESIGN ENGINEER's Services under this
Contract (the "Provided Data"). DESIGN ENGINEER shall be entitled to use and rely, so long as such
reliance is reasonable, upon all such Provided Data.
ARTICLE XV. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Contract are inserted in this
Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not
be given any effect in construing this Contract.
B. Audit. DESIGN ENGINEER shall provide access to its corporate books and records to the CITY.
The CITY may audit, at its expense and during normal business hours, DESIGN ENGINEER's books and
records with respect to this Contract between DESIGN ENGINEER and CITY.
C. Records. DESIGN ENGINEER shall maintain records that are necessary to substantiate the
Services provided by DESIGN ENGINEER.
D. Assignability. DESIGN ENGINEER may not assign this Contract without the prior written
approval of the CITY.
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E. Successor and Assigns. This Contract binds and inures to the benefit of the CITY and DESIGN
ENGINEER, and in the case of CITY, its respective successors, legal representatives, and assigns, and in
the case of DESIGN ENGINEER, its permitted successors and assigns.
F. Construction and Venue.
THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
STATE OF TEXAS. THIS CONTRACT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS.
THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND
VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK,
FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR
THE ACTIONS THAT ARE CONTEMPLATED HEREBY.
G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any
court of competent jurisdiction with respect to any person or circumstances, the remainder of this
Contract and the application of such provision to persons and/or circumstances other than those with
respect to which it is held invalid or ineffective shall not be affected thereby.
H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall
be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this
Contract, and duly authorized and executed by DESIGN ENGINEER and CITY.
I. Entire Agreement. This Contract, including Exhibits "A"; "B", and "C"; all attached hereto,
contains the entire agreement between the CITY and DESIGN ENGINEER, and there are no other written
or oral promises, conditions, warranties, or representations relating to or affecting the matters
contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint
enterprise, partnership or principal -agent relationship between DESIGN ENGINEER and the CITY.
K. Documents Owned by CITY. Any and all documents, drawings and specifications prepared by
DESIGN ENGINEER as part of the Services hereunder, shall become the property of the CITY when
DESIGN ENGINEER has been compensated as set forth in Article II, above. The DESIGN ENGINEER shall
make copies of any and all work products for its files.
L. Notice of Waiver. A waiver by either CITY or DESIGN ENGINEER of a breach of this Agreement
must be in writing and duly authorized to be effective. In the event either party shall execute and deliver
such waiver, such waiver shall not affect the waiving party's rights with respect to any other or
subsequent breach.
M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or
benefits whatsoever to any party other than CITY and DESIGN ENGINEER.
N. Appropriation. All funds for payment by the CITY under this Agreement are subject to the
availability of an annual appropriation for this purpose by the CITY. In the event of non -appropriation of
funds by the City Council of the City of Lubbock for the goods or services provided under this
Agreement, the CITY will terminate the Agreement, without termination charge or other liability, on the
last day of the then current fiscal year or when the appropriation made for the then -current year for the
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services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation
Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation
shall be accepted by the DESIGN ENGINEER on thirty (30) days prior written notice, but failure to give
such notice shall be of no effect and the CITY shall not be obligated under this Agreement beyond the
Non -Appropriation Date.
EXECUTED as of the Effective Date hereof.
ATTEST:
Reb cca Garza, City Secreta
APPROVED AS TO CONTENT:
Michael G. Keenum, P.E., City Engineer
nnifer vidson, P.E., Stormwater Engineer
APPROVED AS TO FORM
CITY OF LUBBOCK
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Daniel M. Pope, Mayor
PARKHILL, SMITH & COOPER, INC.
Robert H. Holder P. ., Principal
Parkhill, Smith & Cooper, Inc. 8 of 19
PARKHILL, SMITH & COOPER, INC.
EXHIBIT A
This Exhibit "A" is part of the Agreement between Parkhill, Smith & Cooper, Inc. (the "DESIGN
ENGINEER") and the City of Lubbock (the "CITY"') for a project generally described as:
Northwest Drainage Improvements, Phase 2
Construction Phase Services
Engineer of Record (EOR)
The purpose of this Agreement is to furnish services that are unique to the Engineer -of -Record
so that, in cooperation with the CITY's Construction Representative, complete construction phase
services are provided. The professional services of a Construction Representative shall supplement the
duties of the Engineer -of -Record contained in this agreement. The CITY shall procure these services by a
separate Construction Phase Professional Services Contract (herein called the "Construction Phase
Professional Services Contract") that provides primarily project administration and field representation
to the CITY.
Said Construction Representative and the CITY shall execute the Construction Phase Professional
Services Contractor at a future date. Upon said execution, the CITY shall provide a copy of the
Construction Phase Professional Services Contract to the DESIGN ENGINEER.
BASIC ENGINEERING SERVICES
1. General Engineering Support and Coordination
Engineer -of -Record Construction Phase Services
2.1. The Engineer -of -Record for this project shall be:
Parkhill, Smith & Cooper, Inc.
Primary Project Contact: Rene Franks, P.E.
General Construction Administration Phase Services
3.1. The DESIGN ENGINEER's responsibility to provide Basic Services for the
Construction Phase under this Agreement commences with the award of the
Contract for Construction and terminates at the end of the construction period for
the project including associated testing and closeout services identified in this
Contract.
3.2. Construction Phase duties, responsibilities, and limitations of the DESIGN
ENGINEER shall not be restricted, modified, or extended without agreement of
the CITY and DESIGN ENGINEER in writing.
3.3. The CITY's approval, acceptance, use of, or payments for all or any part of DESIGN
ENGINEER's services hereunder or the Project itself shall in no way alter the
DESIGN ENGINEER's obligations or the CITY's rights herein.
3.4. The DESIGN ENGINEER shall be a representative of and shall advise and consult
the CITY during construction. The DESIGN ENGINEER shall have the authority to
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act on behalf of the CITY only to the extent provided in this Agreement unless
otherwise modified by written instrument.
4. DESIGN ENGINEER's Personnel at Construction Site
4.1. The presence and duties of DESIGN ENGINEER's personnel at a construction site,
whether as onsite representative or otherwise, do not make the DESIGN
ENGINEER or its personnel in any way responsible for those duties that belong to
the CITY and/or construction contractors or other entities, and do not relieve the
construction contractors or any other entity from their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the contract
documents and any health and/or safety precautions by such construction work.
4.2. DESIGN ENGINEER and its personnel have no authority to exercise any control
over any construction contractor or other entity or their employees in connection
with their work or any health and/or safety precautions related to such work and
have no duty for inspecting, noting, observing, correcting, or reporting on health
and/or safety deficiencies of the construction contractors or other persons at the
site except DESIGN ENGINEER's own personnel.
4.3. The presence of the DESIGN ENGINEER's personnel at a construction site is for the
purpose of providing the DESIGN ENGINEER and the CITY a greater degree of
confidence that the completed work will conform generally to the contract
documents and that the integrity of the design concept, as reflected in the
contract documents, has been implemented and preserved. The DESIGN
ENGINEER neither guarantees the performance of any construction contractor nor
assumes responsibility for contractor's failure to perform the work in accordance
with the contract documents.
5. Construction Representative Cooperation
5.1. The DESIGN ENGINEER shall coordinate and interface with CITY staff and with
CITY's selected Construction Representative per the Construction Phase
Professional Services Contract to accomplish the tasks identified herein.
5.2. CITY's selected Construction Representative per the Construction Phase
Professional Services Contract will handle the following:
5.2.1. Provide construction administration.
5.2.2. Manage project documentation.
5.2.3. Represent CITY on the job site.
5.2.4. Accomplish quality assurance tasks, including review of density and
strength reports.
5.2.5. Provide an internet-based construction management system.
5.2.6. Schedule the pre -construction conference, construction progress
meetings, and additional stakeholder meetings along with developing the
agenda and preparing meeting notes for each meeting.
5.2.7. Establish procedures for administering changes to the construction
contracts. Process contract modifications and negotiate with the
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contractor on behalf of the CITY to determine the cost and time impacts
of these changes. Prepare change order documentation for approved
changes for execution by the CITY. Documentation of field orders, where
cost to CITY is not impacted, will also be prepared.
5.2.8. Receive and evaluate notices of contractor claims and make
recommendations to the CITY on the merit and value of the claim on the
basis of information submitted by the contractor or available in project
documentation, and will endeavor to negotiate a settlement value with
the Contractor on behalf of the CITY if appropriate.
5.2.9. Receive and review Contractor's pay applications and recommend
approval to the CITY.
5.2.10. Conduct a substantial completion review of the project for conformance
with the design concept of the project and general compliance with the
contract documents, and prepare a deficiency list for the Contractor.
5.2.11. Conduct a final review of the project for conformance with the design
concept of the project and general compliance with the contract
documents, verify that items identified on the deficiency list from the
substantial completion review have been completed, and make
recommendation for final payment to the Contractor.
DESIGN ENGINEER's Services during Construction
The DESIGN ENGINEER will complement the CITY's Construction Representative
per the Construction Phase Professional Service Contract to accomplish the
remaining Construction Phase Services tasks, to include items listed below.
6.1. The DESIGN ENGINEER shall provide responses to submittals and requests for
information to the CITY's Construction Representative's online project
management system by submitting responses directly into the management
system.
6.2. The DESIGN ENGINEER shall receive project documentation from the CITY's
Construction Representative per the Construction Phase Professional Services
Contract for review as the Engineer -of -Record.
6.3. The DESIGN ENGINEER shall provide timely response and necessary reviews of
submittals, requests for information (RFI), plan revisions, and other project
actions coordinated by the Construction Representative.
6.4. For issues discovered in the field, the DESIGN ENGINEER will answer the RFI within
24 hours, or within 24 hours provide a written plan of action for addressing the
issue.
6.5. The DESIGN ENGINEER shall expect all administration and management of
communication, documentation, and correspondence to be handled by the
Construction Representative per the Construction Phase Professional Services
Contract.
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7. Site Visits
7.1. The DESIGN ENGINEER shall visit the site as requested by CITY's Project Manager
or Construction Representative, and shall include scope and fee as shown in
Exhibit "D". The fee is based on the DESIGN ENGINEER's project manager making
site visits generally in conjunction with monthly construction progress meetings.
The DESIGN ENGINEER's design engineer and project representative will make site
visits whenever there is a construction question, particularly if a contractor delay
might result, and every two weeks otherwise. The DESIGN ENGINEER shall submit
a Site Visit Report within 48 hours of said visit, using a form to be provided by the
Construction Representative.
7.2. Additional site visits beyond those enumerated in Exhibit "D" will be an Additional
Service and the DESIGN ENGINEER shall be entitled to additional compensation.
7.3. The DESIGN ENGINEER may recommend visiting the site at anytime, subject to
funding and approval by the CITY's Project Manager.
8. Construction Progress and Stakeholder Meetings
8.1. The DESIGN ENGINEER and the DESIGN ENGINEER's design engineer will
participate in preconstruction conferences and monthly construction progress
meetings either onsite or by conference call. The fee is based on number of
meetings shown in Exhibit "D".
8.2. The DESIGN ENGINEER will participate in person in stakeholder meetings,
including one TWDB hearing, scheduled throughout the project. The fee is based
on the DESIGN ENGINEER's project manager and design engineer participating in
the number of stakeholder meetings described in Exhibit "D".
8.3. The DESIGN ENGINEER will provide exhibits for stakeholder meetings based on
existing design drawings.
8.4. Additional meetings or exhibits beyond those listed will be an Additional Service
and the DESIGN ENGINEER shall be entitled to additional compensation.
9. Shop Drawings and Submittal Review
9.1. The DESIGN ENGINEER will review samples; catalog data; schedules; shop
drawings; mix designs, other items listed in construction contract technical
specifications requiring Design Engineer review, and other data pursuant to the
general conditions of the construction contract, with a fee based on the number
of submittals in Exhibit "D".
9.2. If the number of submittals exceeds the number in Exhibit "D" through the
Contractor or CITY submitting additional items, resubmittals due to incomplete
submittals, or multiple review iterations, it will be considered an Additional
Service and the DESIGN ENGINEER shall be entitled to additional compensation.
Investigations, analyses, and studies required by the contractor and approved by
the CITY for substitutions of equipment and/or materials or deviations from the
plans and specifications will be considered an Additional Service.
9.3. This review is for the benefit of the CITY and covers only general compliance with
the information given by the construction contract documents. It does not relieve
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the Contractor of any responsibilities such as dimensions to be confirmed and
correlated at the job site, appropriate safety measures to protect the workers and
the public, or the necessity to construct and complete a workable facility in
accordance with the construction contract documents.
9.4. The DESIGN ENGINEER shall retain the services of a highly qualified geotechnical
engineer for the purposes of reviewing submitted trench sidewall support
calculations submitted by the Contractor, as described in Exhibit "D".
10. Requests for Information
10.1. The DESIGN ENGINEER will interpret the intent of the plans and specifications and
respond to requests for information (RFIs) for the CITY, Construction
Representative and Contractor. The fee is based on processing RFIs as
enumerated in Exhibit "D".
10.2. The DESIGN ENGINEER will respond to RFI's in a timely manner as described in 6.4
above.
10.3. The DESIGN ENGINEER will track spending on RFIs and if the cumulative fee for all
RFIs exceeds the amount budgeted in Exhibit "D", it will be considered an
Additional Service and the DESIGN ENGINEER shall be entitled to additional
compensation.
11. Contract and Plan Changes:
11.1. DESIGN ENGINEER will revise plans and specifications for items identified during
construction that are necessary or requested by the CITY or Construction
Representative, but are not in accordance with the construction documents.
Changes that are additions to the scope of work are included in Task 2 described
below. The fee is based on processing the number of plan revisions shown in
Exhibit "D". If additional plan revisions are requested beyond this quantity, it will
be considered an Additional Service.
11.2. The DESIGN ENGINEER will incorporate the selected pipe materials and sizes into
the ICPR hydraulic model for the Northwest Lubbock Drainage system after they
are approved through the submittal process. The DESIGN ENGINEER will test any
proposed changes to the project during the construction phase in the ICPR model,
to verify that overall objectives of the City for the project are not compromised by
such changes.
11.3. The Contract includes a Task 2 that covers design of any changes to the project
that would be considered additions to the scope rather than alterations of
elements of the original scope. This may include but is not limited to final design
and preparation of plan and profile sheets for the items in Bid Alternate 2. The
CITY will select possible additions and direct the DESIGN ENGINEER to investigate,
model in ICPR, provide survey and geotechnical analysis as needed, and prepare
construction drawings for such additions to the project. Estimated tasks and fee
are included in Exhibit "D", but these are to be considered as flexible, to be
revised as needed by the CITY, up to the fee shown.
Parkhill, Smith & Cooper, Inc. 13 of 19
11.4. Investigations, analyses, studies or design for substitutions of equipment or
materials, corrections of defective or deficient work of the contractor or other
deviations from the construction contract documents requested by the contractor
and approved by the CITY are an additional service. Substitutions of materials or
equipment or design modifications requested by the CITY are an Additional
Service and the DESIGN ENGINEER shall be entitled to additional compensation.
12. Substantial and Final Review
12.1. The DESIGN ENGINEER will attend, in the company of the CITYs representative and
Construction Representative, a substantial completion review for the project for
conformance with the design concept of the project and general compliance with
the contract documents and review a list of deficiencies prepared by the
Construction Representative.
12.2. The DESIGN ENGINEER will attend, in the company of the CITY's representative
and Construction Representative, a final review for the project for conformance
with the design concept of the project and general compliance with the contract
documents, verify that items identified on the deficiency list from the substantial
completion review have been completed, and prepare a completion memo for the
Construction Representative.
13. Record ("As -built") Drawings
13.1. The Contractor will provide to the DESIGN ENGINEER via the CITY's Construction
Representative red -line drawings for use in the development of the record
drawings. In the event that the Contractor does not provide adequate red -line
drawings and the DESIGN ENGINEER must develop the record drawings based on
in-depth investigation and research will be considered an Additional Service.
13.2. The DESIGN ENGINEER will revise the construction drawings in accordance with
the information furnished by the Contractor and the Construction Representative
reflecting changes to the project made during construction. Record drawings are
defined as the drawings produced by the DESIGN ENGINEER's modifications to the
original design drawings to reflect the changes during the construction.
13.3. The DESIGN ENGINEER will prepare record drawings, in part, on the basis of
information compiled and furnished by others, and may not always represent the
exact location, type of various components, or exact manner in which the project
was finally constructed.
13.4. The DESIGN ENGINEER is not responsible for any errors or omissions in the
information from others that are incorporated into the record drawings.
13.5. Record drawings for the project will be issued by the DESIGN ENGINEER within
sixty (60) days after the comments and markups are provided by the Contractor,
Construction Representative, and the CITY.
13.6. The DESIGN ENGINEER will provide the CITY with one CAD/GIS files of the record
drawings and digital copies in Adobe PDF on compact disc, one full-sized (22" x
34") set of reproducible prints (unbound, Mylar), three (3) half -sized (11" x 17")
Parkhill, Smith & Cooper, Inc. 14 of 19
sets of plans (bound, Mylar) to the CITY. No technical specification books will be
provided.
13.7. The DESIGN ENGINEER will provide a final updated ICPR hydraulic model for the
Northwest Lubbock Drainage system to the CITY reflecting the record condition.
ADDITIONAL ENGINEERING SERVICES
Additional engineering services may be performed by the DESIGN ENGINEER, if authorized by the
CITY, which are not included in the above-described Basic Engineering Services, as described below:
1. Preparing applications and supporting documents for grants, loans, or planning advances
for providing data for detailed applications.
2. Providing additional copies of reports, plans, specifications, and contract documents.
3. Processing additional shop drawings, O&M Manuals, RFIs or CCRs/COs above the number
specified in Basic Services.
4. Attending additional meetings or site visits not covered in Basic Services.
5. Preparing environmental impact statements, storm water discharge permits, and 404
permit applications, except as specifically included in the Basic Engineering Services.
6. Excessive submittal reviews.
7. Appearing before regulatory agencies or courts as an expert witness in any litigation with
third parties other than condemnation proceedings arising from the development or
construction of the project, including the preparation of engineering data and reports for
assistance to the CITY.
8. Investigations involving detailed consideration of operation, maintenance and overhead
expenses, and the preparation of rate schedules, earnings and expense statements,
feasibility studies, appraisals, evaluations, assessment schedules, and material audits for
inventories required for certifications by force account performed by the CITY.
9. Payment of fees for permit applications and publication of notices.
10. Public relations activities beyond the stakeholder meetings in the scope of services and
consulting services.
11. Any other additional services that may be required by the CITY for completion of the
Project that are not included in the Basic Engineering Services. Additional Engineering
Services, which may be required by the CITY, shall be based on the actual hours and costs
in accordance with Exhibit "C. No work will be undertaken with this item without specific
written authorization from the CITY.
OTHER PROVISIONS
The DESIGN ENGINEER's compensation is based on immediate authorization to proceed and
timely completion of the project. If the project timing deviates from the assumed schedule for
causes beyond the DESIGN ENGINEER's control, the DESIGN ENGINEER reserves the right to
request renegotiation of the rates for those portions affected by the time change according to
the hourly rates listed in Exhibit "C".
Parkhill, Smith & Cooper, Inc. 15 of 19
PARKHILL, SMITH & COOPER, INC.
EXHIBIT B
This Exhibit "B" is part of the Agreement between Parkhill, Smith & Cooper, Inc. (the "DESIGN
ENGINEER") and the City of Lubbock (the "CITY"') for a project generally described as:
Northwest Drainage Improvements, Phase 2
Construction Phase Services
Engineer of Record (EOR)
1. Budget Amount by Scope Item
2. Terms of Payment. Payments to the DESIGN ENGINEER will be made as follows:
2.1 The DESIGN ENGINEER shall provide the CITY sufficient documentation to
reasonably substantiate the invoices.
2.2 The DESIGN ENGINEER will issue monthly invoices for all work performed under this
Agreement. Invoices are due and payment within 30 days of approved receipt.
2.3 In the event of a disputed or contested billing, only that portion so contested will be
withheld from payment, and the undisputed portion will be paid. The CITY will
exercise reasonableness in contesting any bill or portion thereof. No interest will
accrue on any contested portion of the billing until mutually resolved.
2.4 If the CITY fails to make payment in full to the DESIGN ENGINEER for billings
contested in good faith within 60 days of the amount due, the DESIGN ENGINEER
may, after giving seven (7) days' written notice to CITY, suspend services under this
Agreement until paid in full, including interest. In the event of suspension of
services, the DESIGN ENGINEER shall have no liability to the CITY for delays or
damages caused the CITY because of such suspension of services.
3. DESIGN ENGINEER's Labor and Direct Expenses (Reimbursable)
3.1 The DESIGN ENGINEER's labor will be paid on an hourly basis rate, as shown in
Exhibit "C".
3.2 The DESIGN ENGINEER's Reimbursable Expenses, when part of the basis of
compensation, are those costs incurred on or directly for the CITY's project,
including, but not limited to, necessary transportation costs, including DESIGN
ENGINEER's current rates for DESIGN ENGINEER's vehicles; meals and lodging;
laboratory test and analyses; computer services; word processing services,
telephone, printing, binding, and reproduction charges; all reimbursable costs
associated with outside consultants, subconsultants, subcontractors, and other
outside services and facilities; and other similar costs. All direct (reimbursable)
expenses will be billed at cost plus a 10 percent (10%) surcharge.
3.3 The DESIGN ENGINEER shall keep records on the basis of generally accepted
accounting practices of costs and expenses and such records shall be available for
inspection by the CITY during normal business hours.
4. Not to Exceed Compensation. The DESIGN ENGINEER will perform the services described in
Exhibit "A" at a "Not to Exceed" total compensation amount of $669,206 unless this
Agreement is amended otherwise by the City Council. This not to exceed amount is
conditioned on construction contract time to complete the work (from construction
Parkhill, Smith & Cooper, Inc. 16 of 19
contractor's notice to proceed through final review and recommendation for final
payment) not exceeding 24 months. Should the construction contract time to complete
the work extend beyond 24 months, the total compensation to DESIGN ENGINEER will
be appropriately adjusted.
The final compensation for the major tasks can be over or under the estimated budget
amount per task as shown in this Exhibit "C", as long as the total "Not to Exceed"
amount is not surpassed.
Parkhill, Smith & Cooper, Inc. 17 of 19
PARKHILL, SMITH & COOPER, INC.
EXHIBIT C
This Exhibit "C" is part of the Agreement between Parkhill, Smith & Cooper, Inc. (the "DESIGN
ENGINEER") and the City of Lubbock (the "CITY"') for a project generally described as:
Northwest Drainage Improvements, Phase 2
Construction Phase Services
Engineer of Record (EOR)
Hourly Fee Schedule:
Reference Northwest Drainage Improvement Project, Phase 2 EOR Services, Special Rates,
January 1, 2017 — December 31, 2019 dated November 14, 2016 (attached).
Parkhill, Smith & Cooper, Inc. 18 of 19
Parkhill, Smith & Cooper, Inc.
Hourly Rate Schedule
Client: City of Lubbock, TX Special Rates, January 1, 2017 - December 31, 2019
Project: Northwest Lubbock Drainage Improvement Project Phase 2 EOR Services
Agreement Date: January 26, 2017
Classification Hourly Rate
PROFESSIONAL LEVEL VII
Civil & Structural
PROFESSIONAL LEVEL VI
Civil & Structural
PROFESSIONAL LEVEL V
Civil & Structural
PROFESSIONAL LEVEL IV
Civil & Structural
Resident Project Representative
PROFESSIONAL LEVEL III
Civil & Structural
PROFESSIONAL LEVEL II
Civil & Structural
PROFESSIONAL LEVEL I
Technologist
Resident Project Representative
Clerical Supervisor
SUPPORT STAFF III
Engineering Technician
CADD
Project Assistant
SUPPORT STAFF If
Engineering Technician
Engineering Student
CADD
Survey Technician
Administrative Assistant
Project Assistant
Word Processor
Receptionist
File Specialist
Expenses
$249.00
$228.00
$205.00
$168.00
$156.00
$142.00
$120.00
$107.00
$104.00
$93.00
Reimbursement for expenses, as listed below, but not limited to, incurred in connection with the services, will be at cost plus ten percent for
items such as:
1. Maps, photographs, postage, telephone, reproductions, printing, equipment rental, and special supplies related to the services.
2. Consultants, soils engineers, surveyors, contractors, and other outside services.
3. Rented vehicles, local public transportation and taxis, road toll fees, travel, and subsistence.
4. Special or job specific fees, insurance, permits, and licenses applicable to the work services.
5. Mileage at IRS approved rate.
Rate for professional staff for legal proceedings or as expert witnesses will be a rate one and one-half times the Hourly Rates specified above.
Excise and gross receipts taxes, if any, will be added as an expense.
The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2017 through
December 31, 2019. After December 31, 2019, invoices will reflect the Schedule of Charges currently in effect.
\\Data1\Projects\2016\2671.16\00_ADMIN\00_CONTR\01_FINAL\Hourly Rale Schedule - NWLDIP EOR.doc
PARKHILL, SMITH & COOPER, INC.
EXHIBIT D
This Exhibit "D" is part of the Agreement between Parkhill, Smith & Cooper, Inc. (the "DESIGN
ENGINEER") and the City of Lubbock (the "CITY"') for a project generally described as:
Northwest Drainage Improvements, Phase 2
Construction Phase Services
Engineer of Record (EOR)
Detailed task and fee breakdown.
Parkhill, Smith & Cooper, Inc. 19 of 19
PARKHILL, SMITH & COOPER, INC.
PROJECT BUDGET SHEET (Billing Rates)
LOCATION CODE:
01
PROJECT NAME:
NWLDIP Phase 2 EOR Services
JOB NO.:
1267116
1
TASK:
1 CIV
DATE:
11/02/16
FEE TYPE:
Hourly Rate w/Max
PREPARED BY:
RF
PRINCIPAL:
HH
PROD. MANAGER:
RF
MARKUP ON REIMB:
10.00%
MARKUP ON DIRECTS:
10.00%
TOTAL FEE:
$646,478
LABOR:
$642,421
LABOR:
$642,421
DIRECTS:
SUBTOTAL:
$642,421
REIMBURSABLE. CONSULTANTS.
REIMBURSABLE. EXPENSES:
$4,057
REIMB.
$4,057
DIRFC"T CONSULTANTS:
DIRECT EXPENSES:
TOTAL FEE:
$646,478
LABOR BUDGETS:
DESCRIPTION
LABOR CODE
SS or PL Level
HOURS
RATE
COSTS
EOD Sector Director Civil'Str.
X1
PL VII
88
$249.00
$21,912
Sr Practice Leader Civil'Struct
X4
PL VI
819
$228.00
$186,732
Prof Eng It Civil/Struct
X8
PL IV
1,212
$168.00
$203,616
Sr Engineer Civil/Struct
X7
PLV
517
$205.00
$105,985
RPR IV
R1
PL IV
318
$156.00
$49,608
CADD IV
E4
SS III
330
$104.00
$34,320
Project Assistant (PASS) 11
P4
SS III
387
$104.00
$40,248
FEE ESTIMATING SHEET PROJECT: NWLDIP Phase 2 COR S—i— JOB NO.: 1267116 TASK: ICIv
SALARY Discipline, Title, Labor Code, Rates
1
2
3
4
5
6
7
Staff Initials (optional) -->
CADD_PASS..
CADD_PASS_
Staff Discipline --->
Civil Struct
Civil Struct
Civil Struct
Civil Struct
RPRs Techs
Clerical
Clerical
EOD Sector
Sr Practice
Project
Director
Leader
Prof Eng 11
Sr Engineer
Assistant
Staff Title --->
Civil/Str.
Civil/Struct
Civil/Struct
Civil/Struct
RPR IV
CADD IV
(PASS) 11
PL VII
PL VI
PL IV
PLV
PL IV
SS Ill
SS 111
Support Staff (SS) or Professional Level (PL) --- >
Labor Code --->
X1
X4
X8
X7
RI
E4
P4
$249.00
$228.00
$168.00
$205.00
$156.00
$104.00
$104.00
Billing Rate --- >
TASK
Tris
TOTAL
Pre-Construction
Project Kick-off and admin setup
1
2
32
16
10
2
24
16
102
Pre-construction meeting(s) (I feF- t'---.a' and--r-' ` munuel)
1
8
6
4
2
20
Exhibits, etc for stakeholder, TWDB meetings
8
20
15
80
1
124
Stakeholder and TWDB meetings (5 total 4 fetal)
5
30
8
38
Construction phase
Visit site (121 total 181 total)
4
72
216
192
52
536
Progress meetings (86 total)
24
4
144
96
24
268
Review shoring plans and coordinate with geotech
2
16
1
19
Review pipe layout schedules, plus revisions (15 total)
15
60
8
30
8
121
Convert model to ICPR4 and model plan changes (10)
4
60
36
8
108
Review product, shop drawing, etc. submittals (75 490)
38
200
100
150
488
o.._,,:.,, -,,,,a aEn9l"d-e0nefefi'r perts (24 paekets)
Review, respond to RFIs, including receipt and plan (30 60)
4
120
240
240
30
60
30
724
Review EM requests (30)
Revise plans, changes that are not scope additions (10 28)
20
80
20
10
40
10
180
Comment on Pay Estimates (occasional)
4
12
4
20
Coordination with City and CPS
2
96
96
24
40
48
306
Close-out
Attend substantial completion review, memo to Const. Rep
1
8
8
4
3
23
Review Const. Rep's punchlist
1
4
1
6
Attend final completion review, memo to Const. Rep
1
8
4
1
13
Verify punchlist items are complete
1
2
3
Prepare close-out documents
4
16
16
8
8
8
60
Prepare record drawings
12
32
24
8
80
2
158
Prepare final ICPR4 record model and submit
20
20
2
42
Project Administration
72
192
48
312
BUDGET SUBTOTALS: HOURS/ Trips -
331
881
8191
12121
5171
3181
3301
387
3671
SALARY
1
1 $21,912
$186,732
$203,616
$105,985
$49,608
1 $34,320
1 $40,248
$642,421
FEE ESTIMATING SHEET PROJECT:
NWLDIP Phase 2 EOR Sc JOB NO. 1267116 TASK: 1C1V
REIMBURSABLES
REIMBURSABLE CONSULTANT COSTS
SUBTOTAL
511 Structural Consultant
512 Mech/Elec Consultant
513 Environ/Civil Consultant
514 Architectural Consultant
515 Testing Consultant Geotech, CMT, TAB, etc.)
516 Surveying Consultant
518 Other Consultant - Kitchen / Food Consultant
518 Other Consultant - Acoustical Consultant
518 Other Consultant - AV/ IT Consultant
518 Other Consultant
TOTAL REIMBURSABLE CONSULTANTS
LJ
REIMBURSABLE EXPENSES
521 Travel
Motel Days @
Men @ /Man -day =
Air Travel Air Fare @
Men @ /Man =
Parking Days @
/Day =
Car Rental 33 Days @
$65.00
/Day = $2,145.00
Mileage 15 Miles @
$0.560
@ 96 Trips = $806.40
SUBTOTAL
$2,951
522 Reproductions
Blackline / Color Plots
34" x 22" 75
Shts @
$2.50 /Sht @ I Sets = $187.50
36" x 24"
Shts @
$2.75 /Sht @ Sets =
42" x 30
Shts @
$3.25 /Sht @ Sets =
Other
sf @
$0.55 /sf @ Sets =
Mounting Foam Board
Boards @
$10.00 /ea @
Printing:
Set Up Fee
Originals @
$0.15 /Sht @ Submittals =
8-1/2" x l l" B&W
Originals @
$0.09 /Sht @ Sets =
8-1/2"x ll" Color
Originals@
$0.55 /Sht @ Sets =
I I" x 17" B&W 75
Originals @
$0.18 /Sht @ 3 Sets = $40.50
11" x 17" Color
Originals @
$1.05 /Sht @ Sets =
Binding Cost
Sets @
$2.00 /Set =
Laminating
Shts @
$2.00 /Sht =
Scan to file
Burn to CD/DVD 1
CD/DVD @
$13.50 /each = $13.50
Scan Specs
Originals @
$0.15 /Sht =
Scan Drawings
Originals @
$1.50 /Sht
SUBTOTAL
$242
523 Models/Renderings/Photos
Shots /Shot
524 Telephone Calls @
/Call
525 Meals 33 Days@
1
Men $15.00 /Man -la
$495
526 Field Supplies
528 Postage Mailings @
/Mailing (Standard)
528 Postage Mailings @
/Mailing (Overnight)
530 Mise Reimbursable Ex
532 Temporary Personnel
536 Field Equip Rental
539 TDLR Review/ Inspection Fees
543 NM Gross Receipt Tax
TOTAL REIMBURSABLE EXPENSES$3,688
PARKHILL, SMITH & COOPER, INC.
PROJECT BUDGET SHEET (Billing Rates)
LOCATION CODE:
01
PROJECT NAME:
NWLDIP Phase 2 EOR Services
JOB NO.:
1267116
1
TASK:
2CHG
DATE:
11 !021,16
FEE TYPE:
Hourly Rate w/Max
PREPARED BY:
RF
PRINCIPAL:
HH
PROJ. MANAGER:
RF
MARKUP ON REIMB:
10.00°0
MARKUP ON DIRECTS:
10.0000
TOTAL FEE:
$18,240
LABOR:
$18,240
LABOR:
$18,240
DIRECTS:
SUBTOTAL:
$18,240
REIMBURSABLE. CONSULTANTS:
REIMBURSABLE. EXPENSES:
REIMB.
DIRECT CONSULTANTS:
DIRECT EXPENSES:
TOTAL FEE:
$18,240
LABOR BUDGETS:
DESCRIPTION
LABOR CODE
SS or PL Level
HOURS
RATE
COSTS
EOD Sector Director Civil Str.
X1
PL VII
2
$249.00
$498
Sr Practice Leader Civil.%Struct
X4
PL VI
15
$228.00
$3,420
Prof Eng II Civil/Struct
X8
PL IV
43
$168.00
$7,224
Sr Engineer CiviliStruct
X7
PL V
26
$205.00
$5,330
RPR IV
RI
PL IV
$156.00
CADD IV
E4
SS III
16
$104.00
$1,664
Project Assistant (PASS) II
P4
SS III
1
$104.00
$104
Page 1 of 7
FEE ESTIMATING SHEET PROJECT: NwIAIP Phase 2 EOR Services JOB NO.: 1267116 TASK: 2CHG
SALARY Discipline, Title, Labor Code, Rates
1
2
3
4
5
6
7
Staff Initials (optional) -->
CADD PASS
CADD PASS
Staff Discipline -->
Civil Struct
Civil Struct
Civil Struct
Civil Struct
RPRs Techs
Clerical
Clerical
EOD / Sector
Sr Practice
Project
Director
Leader
Prof Eng R
Sr Engineer
Assistant
Staff Title -->
Civil/Str.
Civil/Struct
Civil/Struct
Civil/Struct
RPR IV
CADD IV
(PASS) 11
PL VII
PL VI
PL IV
PL V
PLIV
SS ill
SS III
Support Staff (SS) or Professional Level (PL) --- >
X1
X4
X8
X7
RI
E4
P4
Labor Code --- >
Billing Rate --- >
$249.00
$228.00
$168.00
$205.00
$156.00
$104.00
$104.00
TASK
Tris
TOTAL
Option - Addendum 2 design
Planning meeting with City staff, field visit
Survey coordination
Prepare base map drawing
Draw preliminary alignment exhibit for City
Analyze City comments
Enter pipe and other data in ICPR
Run 2-3 model iterations of pipe sizes and inlets
Meeting with City to finalize alignment
Prepare P&P sheets with final locations
Design lateral connection detail and sheet
Prepare traffic control sheets
Internal review and revision
Final review meeting with City
Make any City -requested changes
Prepare change order documents and final prints
Option - Lateral at 4th Drawings
Coordinate survey, geotech bore and utility locates
Prepare P&P sheet
Prepare details
Prepare traffic control sheets
Revise ICPR with final design
Internal review and revisions
Review meeting with City
Make any City -requested changes
Prepare change order documents and final prints
Option - inlets in channel s. of Marsha Sharp
Revise ICPR, run several frequencies, results memo
6
20
16
4
46
Review meeting with City
2
2
2
6
Prepare details and revise P&P sheet
4
16
8
8
36
Internal review and revisions
2
4
2
2
10
Prepare change order documents and final prints
2
1
1
1
5
Option - Higginbotham lateral
Coordinate survey, geotech bores and utility locates
Site visit
Prepare P&P sheets
Prepare details
Prepare traffic control sheets
Revise ICPR with final design
Internal review and revisions
Review meeting with City
any City -requested changes
,Make
Prepare change order documents and final prints
BUDGET SUBTOTALS: HOURS/ Trips -
21
151
431
261
1 161
1
103
SALARY
1
1 $498
1 $3,420
1 $7,224
1 $5,330
1
1 $1,664
1 $104
$18,240
Page 2 of 7
FEE ESTIMATING SHEET PROJECT:
NWLDIP Phase 2 EOR Sc JOB NO. 1267116
TASK: 2CHG
REIMBURSABLES
REIMBURSABLE CONSULTANT COSTS
SUBTOTAL
511 Structural Consultant
512 Mech/Elec Consultant
513 Environ/Civil Consultant
514 Architectural Consultant
515 Testing Consultant (Geotech, CMT, TAB, etc.)
516 Surveying Consultant - new route on Peoria
518 Surveying Consultant - update previous at 4th
518 Surveying Consultant - partial survey on 17th
518 Other Consultant - AV/ IT Consultant
518 Other Consultant - Geotech 4 bores
TOTAL REIMBURSABLE CONSULTANTS
REIMBURSABLE EXPENSES
521 Travel
Motel Days @
Men @ /Man -day
=
Air Travel Air Fare @
Men @ /Man
=
Parking Days @
/Day
=
Car Rental Days @
$65.00
/Day
=
Mileage Miles @
$0.560
@ Trips
=
SUBTOTAL
522 Reproductions
Blackline / Color Plots
34" x 22"
Shts @
$2.50 /Sht @
Sets =
36" x 24"
Shts @
$2.75 /Sht @
Sets =
42" x 30
Shts @
$3.25 /Sht @
Sets =
Other
sf @
$0.55 /sf @
Sets =
Mounting Foam Board
Boards @
$10.00 /ea @
Printing:
Set Up Fee
Originals @
$0.15 /Sht @
Submittals =
8-1/2" x 11" B&W
Originals @
$0.09 /Sht @
Sets =
8-1/2"x II" Color
Originals@
$0.55 /Sht @
Sets =
11" x 17" B&W
Originals @
$0.18 /Sht @
Sets =
11 " x 17" Color
Originals @
$1.05 /Sht @
Sets =
Binding Cost
Sets @
$2.00 /Set
=
Laminating
Shts @
$2.00 /Sht
=
Scan to file
Burn to CD/DVD
CD/DVD @
$13.50 /each
=
Scan Specs
Originals @
$0.15 /Sht
=
Scan Drawings
Originals @
$1.50 /Sht
=
SUBTOTAL
523 Models/Renderings/Photos
Shots /Shot
524 Telephone Calls
/Call
525 Meals Das @
I
Men @ $15.00 /Man -da
526 Field Supplies
528 Postage Mailings @
/Mailing (Standard)
528 Postage Mailings @
/Mailing (Overnight)
530 Misc Reimbursable Ex
532 Temporary Personnel
536 Field Equip Rental
539 TDLR Review / Inspection Fees
543 NM Gross Receipt Tax
TOTAL REIMBURSABLE EXPENSES
Page 3of7
PARKHILL, SMITH & COOPER, INC.
EXHIBIT "D"
PARKHILL, SMITH & COOPER, INC.
PROJECT BUDGET SHEET (Billing Rates)
LOCATION CODE: 01
PROJECT NAME: NWLDIP Phase 2 EOR Services
JOB NO.: 1267116 1
TASK: 3GEO
DATE: 11/02/16
FEE TYPE: Hourly Rate w/Max
PREPARED BY: RF
PRINCIPAL: HH
PROD. MANAGER: RF
MARKUP ON REIMB: 10.00%
MARKUP ON DIRECTS: 10.00%
TOTAL FEE: $4,488 LABOR:
LABOR: DIRECTS:
SUBTOTAL:
REIMBURSABLE. CONSULTANTS: 54,488
REIMBURSABLE. EXPENSES: REIMB. $4,488
DIRECT CONSULTANTS:
DIRECT EXPENSES: I TOTAL FEE: $4,488
LABOR BUDGETS:
DESCRIPTION
EOD / Sector Director Civil/Str
Sr Practice Leader Civil,!Struct
Prof Eng I Civil/Struct
Sr Engineer Civil/Struct
RPR IV
CADD IV
Project Assistant (PASS) II
LABOR CODE
SS or PL Level
X1
PL VII
X4
PL VI
X9
PL III
X7
PL V
R1
PL IV
E4
SS III
P4
SS III
Page 7 of 9
HOURS
aM.10 0
$249.00
$228.00
$168.00
$205.00
$156.00
$104.00
$104.00
PARKHILL, SMITH & COOPER, INC.
EXHIBIT "D"
FEE ESTIMATING SHEET PROJECT: NWLDIPPha 2FORServices JOB NO.: ,*b'llh TASK: 3GEO
SALARY Discipline, Title, Labor Code, Rates
Staff Initials (optional) --->
Staff Discipline --->
Staff Title-->
Support Staff (SS) or Professional Level (PL)-->
Labor Code --->
Billing Rate --->
1
2
3
4
5
6
7
Civil Struct
Civil Struct
Civil Struct
Civil Struct
RPRs Techs
CADD_PASS_
Clerical
CADD_PASS
Clerical
EOD / Sector
Director
Civil/Str.
Sr Practice
Leader
Civil/Struct
Prof Eng I
Civil/Struct
Sr Engineer
Civil/Struct
RPR IV
CADD IV
Project
Assistant
(PASS) II
PL VII
PL VI
PL III
PL V
PL IV
SS DI
SS III
xi
X4
X9
X7
RI
E4
P4
$249.00
$228.00
$168.00
$205.00
$156.00
$104.00
$104.00
TASK
Trips
TOTAL
BUDGET SUBTOTALS: HOURS. Trips -
SALARY
Page 8 of 9
PARKHILL, SMITH & COOPER, INC.
EXHIBIT "D"
FEE ESTIMATING SHEET PROJECT:
NWLDIP Phase 2 EOR Se JOB NO. 1267116
TASK: 3GEO
REIMBURSABLES
REIMBURSABLE CONSULTANT COSTS
SUBTOTAL
511 Structural Consultant
512 Mech/Elec Consultant
513 Environ/Civil Consultant
514 Architectural Consultant
515 Testing Consultant (Geotech, CMT, TAB, etc.)
$4,080
516 Surveying Consultant
518 Other Consultant - Kitchen / Food Consultant
518 Other Consultant - Acoustical Consultant
518 Other Consultant - AV/ IT Consultant
518 Other Consultant
TOTAL REIMBURSABLE CONSULTANTS
$4,080
REIMBURSABLE EXPENSES
521 Travel
Motel Days @
Men @ /Man -day
=
Air Travel Air Fare @
Men @ /Man
=
Parking Days @
/Day
=
Car Rental Days @
$65.00
/Day
=
Mileage Miles @
$0.560
@ Trips
=
SUBTOTAL
522 Reproductions
Blackline / Color Plots
34" x 22"
Shts @
$2.50 /Sht @
Sets =
36" x 24"
Shts @
$2.75 /Sht @
Sets =
42" x 30
Shts @
$3.25 /Sht @
Sets =
Other
sf @
$0.55 /sf @
Sets =
Mounting Foam Board
Boards @
$10.00 /ea @
Printing:
Set Up Fee
Originals @
$0.15 /Sht @
Submittals =
8-1/2"x l l" B&W
Originals@
$0.09 /Sht @
Sets =
8-1/2" x 1 1 " Color
Originals @
$0.55 /Sht @
Sets =
1 I" x 17" B&W
Originals @
$0.18 /Sht @
Sets =
1 1 " x 17" Color
Originals @
$1.05 /Sht @
Sets =
Binding Cost
Sets @
$2.00 /Set
=
Laminating
Shts @
$2.00 /Sht
=
Scan to file
Burn to CD/DVD
CD/DVD @
$13.50 /each
=
Scan Specs
Originals @
$0.15 /Sht
=
Scan Drawings
Originals@
$1.50/Sht
=
SUBTOTAL
523 Models/Renderings/Photos
Shots @ /Shot
524 Telephone Calls @
/Call
525 Meals Days @
Men @ /Man -day
526 Field Supplies
528 Postage Mailings @
/Mailing (Standard)
528 Postage Mailings @
/Mailing (Overnight)
530 Misc Reimbursable Exp
532 Temporary Personnel
536 Field Equip Rental
539 TDLR Review/ Inspection Fees
543 NM Gross Receipt Tax
TOTAL REIMBURSABLE EXPENSES
Page 9 of 9
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10f1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2017-152662
Parkhill, Smith & Cooper, Inc.
Lubbock, TX United States
Date Filed:
01/10/2017
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
NWLBK_DrainagePh.l I_EOR
Professional Engineering Services
Nature of interest
4
Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
I Intermediary
Edwards, Jay M.
Midland, TX United States
X
Rapier, Joseph R.
Lubbock, TX United States
X
Moss, Mike W.
Lubbock, TX United States
X
Hamilton, John T.
Lubbock, TX United States
X
Hart, Daniel S.
Midland, TX United States
X
Rangel, Ruppert S.
Abilene, TX United States
X
Davis, Edwin E.
Lubbock, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 1 swear, or affirm, under penalty of perjury, th
bove disclosure is true and correct.
x3 •wwco AW .. ;
olsslwwoDAw
7NVIN830
ollqnd tigloN =� `•.. +-
319830�'
w.......„ „
Signature of uthorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said V��1.� 1 6�,1�i1 this the
— day of�GGl /
20—I'l to certify which, witness my hand and seal of office.
1 '�
Signature of officer ad mist ring oath Printed name of officer administering oath
Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277