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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 w� 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 Parkhill, Smith & Cooper, Inc. 1 of 19 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, Parkhill, Smith & Cooper, Inc. 2 of 19 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: Parkhill, Smith & Cooper, Inc. 3 of 19 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 Parkhill, Smith & Cooper, Inc. 4 of 19 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. Parkhill, Smith & Cooper, Inc. 5 of 19 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. Parkhill, Smith & Cooper, Inc. 6 of 19 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 Parkhill, Smith & Cooper, Inc. 7 of 19 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 ��v 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 Parkhill, Smith & Cooper, Inc. 9 of 19 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 Parkhill, Smith & Cooper, Inc. 10 of 19 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. Parkhill, Smith & Cooper, Inc. 11 of 19 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 Parkhill, Smith & Cooper, Inc. 12 of 19 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