HomeMy WebLinkAboutResolution - 5376 - Agreement - Parkhill Smith & Cooper Inc - Engineering Services - 12/19/1996RESOLUTION NO. 5376
Item 429
December 19, 1996
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Agreement, attached herewith, by and
between the City of Lubbock and Parkhill, Smith & Cooper, Inc. for Engineering Services,
which Agreement shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully copied
herein in detail
Passed by the City Council this 19th day of December , 1996.
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# boKE
ATTEST.---
Kaythfq Darnell, City Secretary
APPROVED, AS TO CO1ffENT:
Hertel, P.E. City
APPROVED AS TO FORM:
#agrold WillarZ1, Assistant City Attorney
da/ccdocs/psc-eng.res
November 29, 1996
RESOLUTION NO. 5376
Item 429
December 19, 1996
AGREEMEW
FOR
ENGINEERING SERVICES
THIS AGREEMENT, between the City of Lubbock, Texas (hereinafter referred to as Owner) and
Parkhill, Smith & Cooper, Inc., with principal offices at 4010 Avenue R, Lubbock, Texas 79412
(hereinafter referred to as Engineer):
WITNESSETH:
WHEREAS, Owner intends to provide storm drainage relief from Clapp Park to the North Fork of
the Double Mountain Fork of the Brazos River (the Canyon) and Overflow Playas Upstream of
Clapp Park (hereinafter referred to as the Project); and
WIEREAS, Owner requires certain professional engineering services in connection with the Project
(hereinafter referred to as the Services) for a feasibility study and design; and
WHEREAS, Engineer is prepared and has the ability to provide such Services;
NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as
follows:
ARTICLE 1 - EFFECTIVE DATE
The effective date of this Agreement shall be December 19, 1996
ARTICLE 2 - SERVICES TO BE PERFORMED BY ENGINEER
Engineer shall perform the Services described in Attachment A, Scope of Services, which is attached
hereto and incorporated by reference as part of this Agreement; and as described in Engineer's
proposal dated September 10, 1996 and the Owner's Request for Proposal RFP #13681, all of which
are incorporated by reference as part of the Agreement.
ARTICLE 3 - COMPENSATION
Owner shall pay Engineer in accordance with Attachment B, Compensation, which is attached hereto
and incorporated by reference as part of this Agreement, and compensation for Phase I Feasibility
Study Basic Services shall not exceed $408,181.00.
ARTICLE 4 - STANDARD OF CARE
Engineer shall exercise the same degree of care, skill and diligence in the performance of the
Services as is ordinarily provided by a professional engineer under similar circumstances and
Engineer shall, at no cost to Owner, re -perform services which fail to satisfy the foregoing standard
of care.
ARTICLE 5 - LIMITATIONS OF RESPONSIBILITY
Engineer shall not be responsible for actual means, methods, techniques, sequences, procedures or
safety precautions and programs used in connection with the Project by others. Engineer shall assist
the Owner in the administering of its contracts with any vendor or other Project participant in order
- 1 -
to fulfill contractual or other responsibilities to the Owner or to comply with federal, state and local
laws, ordinances, regulations, rules, codes, orders, criteria and standards.
ARTICLE 6 - OPINIONS OF COST AND SCHEDULE
Since Engineer has no control over the cost of labor, materials, equipment or services furnished by
others, or over contractors', subcontractors' or I vendors' methods of determining prices, or over
competitive bidding or market conditions, Engineer's opinion of cost shall be made on the basis of
qualifications and experience as a professional engineer.
Since Engineer has no control over the resources provided by others to meet contract schedules,
Engineer's forecast schedules shall be made on the basis of qualifications and experience as a
professional engineer. Engineer cannot and does not guarantee that proposals, bids or actual Project
costs will not vary from his opinions of cost or that actual schedules will not vary from his forecast
schedules.
ARTICLE 7 - LIABILITY AND INDEMNIFICATION
7.1 General. Having considered the risks and potential liabilities that may exist during the
performance of the Services and in consideration of the promises included herein, Owner and
Engineer agree to allocate such liabilities in accordance with this Article 7. Words and phrases used
in this Article shall be interpreted in accordance with customary insurance industry usage and
practice.
7.2 Indemnification. Engineer agrees to defend, indemnify and hold Owner whole and harmless
against all claims for damages, costs and expenses of persons or property that may arise out of, or
be occasioned by, or from; any negligent act, error or omission of Engineer; or any agent, servant
or employee of Engineer in the execution or performance of this Contract.
7.3 Defense of Claims. In the event an action for damages is filed in which negligence is alleged
on the part of Owner and Engineer, Engineer agrees to defend Owner. In the event Owner accepts
Engineer's defense, Owner agrees to indemnify and reimburse Engineer on a pro rata basis for all
expenses of defense. Owner also agrees to indemnify and reimburse Engineer on a pro rata basis
for any judgment or amount paid by Engineer in resolution of such claim. Such pro rata share shall
be based upon a final judicial determination of negligence or, in the absence of such determination,
by mutual agreement.
7.4 Employee Claims. Engineer shall indemnify Owner against legal liability for damages arising
out of claims by Engineer's employees. Owner shall indemnify Engineer against legal liability for
damages arising out of claims by Owner's employees.
7.5 Limitations of Liability. To the fullest extent permitted by law, Engineer's total liability to
Owner for any and all injuries, claims, losses, expenses or damages arising out of or in any way
related to the Project or this Agreement from any cause or causes, including but not limited to
Engineer's negligence, errors, omissions, strict liability, breach of contract or breach of warranty,
shall not exceed the minimum amounts required by Article 10 of this Agreement.
7.6 Other Project Indemnities. Indemnity provisions shall be incorporated into all Project
contractual arrangements entered into by Owner and shall protect Owner and Engineer to the same
extent.
-2-
7.7 Survival. Upon completion of all services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions
of this Article shall survive.
ARTICLE 8 - INDEPENDENT CONTRACTOR
Engineer undertakes performance of the Services as an independent contractor and shall be wholly
responsible for the methods of its own performance and that of its subcontractors, agents and
employees. Owner shall have no right to supervise the methods used, but Owner shall have the right
to observe such performance. Engineer shall work closely with Owner in performing Services under
this Agreement.
ARTICLE 9 - COMPLIANCE WITH LAWS
In performance of the Services, Engineer will comply with applicable regulatory requirements,
including federal, state and local laws, rules, regulations, orders, codes, criteria and standards.
Engineer shall possess the licenses necessary to allow Engineer to perform the Engineering Services.
Engineer shall not be responsible for procuring permits, certificates and licenses required for any
construction unless such responsibilities are specifically assigned to Engineer in Attachment A, Scope
of Services.
ARTICLE 10 - INSURANCE
Prior to the time Engineer is entitled to commence any part of the Services under this Contract,
Engineer shall procure, pay for, and maintain the following insurance written by companies licensed
in the State of Texas or meeting surplus lines requirements of Texas law and acceptable to Owner.
The insurance shall be evidenced by delivery to Owner of one (1) certificate of insurance, executed
by the insurer, listing coverage and limits, expiration date and term of policy, and certifying that the
insurer is licensed to do business in Texas or meets the surplus lines requirements of Texas law, or
by delivery to Owner of a certified copy of each policy, including all endorsements. The insurance
requirements shall remain in effect throughout the term of this Contract.
A. Comprehensive General Liability Insurance
The Engineer shall have Comprehensive General Liability Insurance with limits of
$300,000 Bodily Injury and $300,000 Property Damage per occurrence to include:
Premises and Operations
Explosion and Collapse Hazard
Underground Damage Hazard
Products and Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "C" waived)
The Owner is to be named as an additional insured on this policy for this specific job,
and a copy of the endorsement doing so is to be attached to the Certificate of Insurance.
B. Comprehensive Automobile Liability Insurance
The Engineer shall have Comprehensive Automobile Liability Insurance with limits of
not less than:
Bodily Injury $250,000/$500,000
Property Damage $100,000
-3-
to include all owned and non -owned cars including:
Employers Non -ownership Liability
Hired and Non -owned vehicles
The Owner is to be named as an additional insured on this policy for this specific job
and a copy of the endorsement doing so is to be attached to the Certificate of Insurance.
C. Workers' Compensation and Employer's Liability Insurance
As required by State statute covering all employees whether employed by the Engineer
or any Subcontractor on the job with Employer's Liability of at least $100,000 limit.
D Professional Liability Insurance (including errors and omissions) with minimum limits
of $1,000,000 per claim.
Engineer shall furnish owner certificates of insurance which shall include a provision that such
insurance shall not be canceled without at least thirty (30) days written notice to Owner.
ARTICLE 11 - OWNER'S RESPONSIBILITIES
Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities,
which is attached hereto and incorporated by reference as part of this Agreement. For purposes of
this Agreement, Owner may act through its governing body or through administrative officials.
ARTICLE 12 - REUSE OF DOCUMENTS
All documents, including drawings, specifications and computer software, prepared by Engineer
pursuant to this Agreement are instruments of service in respect to this Project. They are not
intended or represented to be suitable for reuse by Owner or others on extensions of this Project or
on any other project. Any reuse without written verification or adaptation by Engineer for the
specific purpose intended will be at Owner's sole risk and without liability or legal exposure to
Engineer.
ARTICLE 13 - AMENDMENT, TERMINATION AND STOP ORDERS
This Contract may be altered or amended only by mutual written consent of both parties hereto and
may be terminated by the Owner at any time by written notice to the Engineer. Upon receipt of such
notice, the Engineer shall, unless the notice directs otherwise, immediately discontinue all work in
connection with the performance of this Contract and shall proceed to cancel promptly all existing
orders insofar as such orders are chargeable to this Contract. The Engineer shall submit a statement
showing in detail the work performed under this Contract to the date of termination. The Owner
shall then pay the Engineer promptly that proportion of the prescribed fee which applies to the work
actually performed under this Contract, less all payments that have been previously made.
Thereupon, copies of all completed work accomplished under this Contract shall be delivered to the
Owner.
The Owner may issue a Stop Work Order to the Engineer at any time. Upon receipt of such order,
the Engineer is to discontinue all work under this Contract and cancel all orders pursuant to the
Contract, unless the order otherwise directs. If the Owner does not issue a Restart Order within 60
days after receipt by the Engineer of the Stop Work Order, the Engineer shall regard this Contract
terminated in accordance with the foregoing provisions.
The parties acknowledge that the Owner is under no obligation to engage the services of the Engineer
for Phase II (see Attachment A). The Owner reserved the right to (1) not proceed with Phase II,
BEIM
(2) negotiate and amend the contract with the Engineer for the work to be done in Phase II, or (3)
employ another firm to perform the work in Phase H.
ARTICLE 14 - NONDISCLOSURE OF PROPRIETARY INFORMATION
Engineer shall consider all information provided by Owner to be proprietary unless such information
is available from public sources. Engineer shall not publish or disclose proprietary information for
any purpose other than the performance of the Services without the prior written authorization of
Owner or in response to legal process.
ARTICLE 15 - NOTICE
Any notice, demand or request required by or made pursuant to this Agreement shall be deemed
properly made if personally delivered in writing or deposited in the United States mail, postage
prepaid, to the address specified below.
To Engineer: Parkhill, Smith & Cooper, Inc.
ATTN: Robert P. McMillen, P.E.
4010 Avenue R
Lubbock, Texas 79412
To Owner: City of Lubbock
ATTN: Marsha Allen, P.E.
P.O. Box 2000
Lubbock, Texas 79457-0001
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of Engineer and Owner.
ARTICLE 16 - UNCONTROLLABLE FORCES
Neither Owner nor Engineer shall be considered to be in default of this Agreement if delays in or
failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of
reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable forces"
shall mean any event which results in the prevention or delay of performance by a party of its
obligations under this Agreement and which is beyond the control of the nonperforming party. It
includes, but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil
disturbance, sabotage, inability to procure permits, licenses or authorizations from any state, local
or federal agency or person for any of the supplies, materials, accesses or services required to be
provided by either Owner or Engineer under this Agreement.
Neither party shall, however, be excused from performance if nonperformance is due to
uncontrollable forces which are removable or remediable and which the nonperforming party could
have, with the exercise of reasonable diligence, removed or remedied with reasonable dispatch. The
provisions of this Article shall not be interpreted or construed to require Engineer or Owner to
prevent, settle or otherwise avoid a strike, work slowdown or other labor action. The nonperforming
party shall, within a reasonable time of being prevented or delayed from performance by an
uncontrollable force, give written notice to the other party describing the circumstances and
uncontrollable force preventing continued performance of the obligations of this Agreement.
-5-
ARTICLE 17 - GOVERNING LAW
This Agreement shall be governed by the laws of the State of Texas. Any suit brought to enforce
any provision of this Agreement or for construction of any provision thereof shall be brought in
Lubbock County, Texas.
ARTICLE 18 - MISCELLANEOUS
18.1 Nonwaiver. A waiver by either Owner or Engineer of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further
breach.
18.2 Severability. The invalidity, illegality or unenforceability of any provision of this Agreement,
or the occurrence of any event rendering any portion or provision of this Agreement void, shall in
no way affect the validity or enforceability of any other portion or provision of the Agreement. Any
void provision shall be deemed severed from the Agreement and the balance of the Agreement shall
be construed and enforced as if the Agreement did not contain the particular portion or provision
held to be void. The parties further agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
The provisions of this Article shall not prevent the entire Agreement from being void should a
provision which is of the essence of the Agreement be determined to be void.
ARTICLE 19 - INTEGRATION AND MODIFICATION
This Agreement represents the entire and integrated agreement between the parties and supersedes
all prior negotiations, representations and agreements, either written or oral. This Agreement may
be amended only by a written instrument signed by each of the parties.
ARTICLE 20 - SUCCESSORS AND ASSIGNS
Owner and Engineer each binds itself and its directors, officers, partners, successors, executors,
administrators, assigns and legal representatives to the other party to this Agreement and to the
partners, successors, executors, administrators, assigns and legal representatives of such other party,
in respect to all covenants, agreements and obligations of this Agreement.
ARTICLE 21 - ASSIGNMENT
Neither Owner nor Engineer shall assign, sublet or transfer any rights under or interest in (including,
but without limitation, monies that may become due or monies that are due) this Agreement without
the written consent of the other, except to the extent that the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any written consent to an assignment,
no assignment will release or discharge the assignor from any duty or responsibility under this
Agreement. Nothing contained in this paragraph shall prevent Engineer from employing such
independent consultants, associates and subcontractors as he may deem appropriate to assist him in
the performance of the Services hereunder.
ARTICLE 22 - SUBCONTRACTORS
No work herein called for by the Engineers shall be subcontracted to a subcontractor who is not
acceptable to the Owner or assigned without prior written approval of the Owner. The Engineer
shall require subcontracts to conform to the applicable terms of this Contract and include provisions
which require subcontractor compliance with Owner's Rules.
-6-
ARTICLE 23 - THIRD PARTY RIGHTS
Nothing herein shall be construed to give any rights or benefits to anyone other than Owner and
Engineer.
IN WITNESS WHEREOF, the parties have executed this Agreement.
APPROVED AS TO CONTENT*
Hertel, P.E.
City Engineer
APPROVED AS TO FORM:
gLe::�e I
Adrold Willard
Assistant City Attorney
'qm" — —
Alex "Ty oo e, Mayor ProTem
Attest
I
Kayde. Darnell
City Secretary
PARKHILL. SMITH & COOPER. INC.
By: Attest.- �q w
Edwin E. Butch" avis, P.E. C. Cla n Yeag , ME.
Vice President President
-7-
ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Lubbock, Texas
Project: RFP No. 13681, Engineering Services for Storm Drainage
Feasibility Study and Design: Clapp -Park to North Fork of the
Double Mountain Fork of the Brazos River (the Canyon) and
Overflow Playas Upstream of Clapp Park.
A DESCRIPTION OF SCOPE OF SERVICES
The scope of services for this Project is as follows. Work will not proceed until Owner has
authorized Engineer in writing to proceed.
I. PHASE I - FEASIBILITY STUDIES
A. BASIC SERVICES ARE ATTACHED AS EXHIBIT A-1
B. SUPPLEMENTAL SERVICES
1. At the request of the OWNER, the ENGINEER will provide Supplemental
Services as included herein or upon written agreement between the OWNER and
the ENGINEER defining the extent of such Supplemental Services and the
amount and manner in which the ENGINEER will be compensated for such
Supplemental Services.
2. Any work requested by the OWNER that is not included in one of the items listed
in any other place will be classified as supplemental services.
3. Supplemental services shall include, but are not limited to:
a. Detailed design, bidding or construction phase services under Phase I.
b. Public meetings in excess of these specified under Basic Services for Phase I.
c. Staff meetings with City in excess of these specified under Basic Services for
Phase I.
d. Geotechnical Services that are not included in the Basic Services for Phase I.
e. Surveying services that are not included in the Basic Services for Phase I.
f. Environmental surveys or investigations that are not included in the Basic
Services for Phase I.
g. Submittals for permits that are granted by local, state or federal agencies.
h. Right-of-way or easement definition and acquisition.
i. Legal testimony, depositions or expert witness services.
j. Financial analysis of study alternatives based on Total Expected Cost and
Least Total Expected Cost with the tasks and man-hours listed in Exhibit B-1.
This analysis is restricted to the alternatives studied under Basic Engineering
Services where paired opinions of probable construction cost and flood
damage estimates already exist. The schedule is 120 calendar days
A-1
performance from the day of authorization for this supplemental services with
a fee not to exceed $38,357.00. Authorization must lag by 90 days the notice
to proceed that is given for the Basic Services.
k. Detailed investigation or study into subsurface injection as a means for
disposal of storm water runoff.
II. PHASE II - DESIGN, BIDDING AND CONSTRUCTION PHASE SERVICES
A. Basic And Supplemental Services Will Be Identified And Described After Completion
of Phase I.
A-2
ATTACEMIENT B
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Lubbock, Texas
Project: RFP No. 13681, Engineering Services for Storm Drainage Feasibility Study and
Design: Clapp Park to North Fork of the Double Mountain Fork of the Brazos
River (the Canyon) and Overflow Playas Upstream of Clapp Park.
COMPENSATION
Phase 1 - Feasibility Study
For the services covered by this Agreement, the Owner agrees to pay the Engineer as follows:
BASIC ENGINEERING SERVICES
SUPPLEMENTAL ENGINEERING SERVICES
BASIC ENGINEERING SERVICES
Basic engineering services include:
1. Phase I Feasibility Study as defined by the tasks and man-hours in Exhibit A-1.
2. Public meetings as defined by the tasks and man-hours in Exhibit A-1.
3. Surveying services as defined by the tasks and man-hours in Exhibit A-1.
4. Coordination with local, state and federal agencies as defined by the tasks and
man-hours in Exhibit A-1.
S. Geotechnical services as defined by the tasks and man-hours in Exhibit A-1.
6. Environmental studies or investigations as defined by the tasks and man-hours in
Exhibit A-1.
7. Deliver to the Owner one (1) reproducible copy plus ten (10) non -reproducible
copies of any drawings containing the selected alternatives.
8. Deliver to the Owner one (1) complete copy of any supporting data and
calculations for the selected alternatives.
9. Deliver to the Owner one (1) unbound original plus ten (10) bound copies of the
final report.
10. Deliver to the Owner one (1) reproducible copy plus 30 non -reproducible copies
of the executive summary.
The Engineer will be paid on an hourly rate basis shown in Table B-1 and subcontract
personnel services will be billed at cost. Engineer and subcontractor reimbursable expenses
will be billed at cost plus a 15 percent service charge, including toll telephone charges,
printing, travel, airfare, computer charges, laboratory testing, etc.
The maximum billed for Engineer's personnel services, subcontract personnel services and
reimbursable expenses for the Engineer and subcontractor is shown as follows:
B-1
TOTAL BASIC ENGINEERING SERVICES NOT TO EXCEED -- $ 408,181
TABLE B-1
PERSONNEL SERVICES RATES
Category of Personnel Range of Rates
$/HR
Parkhill. Smith & Cooper. Inc.
100.00
Basic
100.00
Basic
90.00
Personnel
Services `r rices
Reimbursable
Expenses
Parkhill, Smith & Cooper, Inc.
$
211,640
$
11,539
Hugo Reed and Associates, Inc.
$
170,525
$
5,482
Terra Engineers
$
8,995
$
0
TOTAL
$
391,160
$
17,021
TOTAL BASIC ENGINEERING SERVICES NOT TO EXCEED -- $ 408,181
TABLE B-1
PERSONNEL SERVICES RATES
Category of Personnel Range of Rates
$/HR
Parkhill. Smith & Cooper. Inc.
100.00
Principal -in -Charge
100.00
Project Manager
90.00
Senior Engineer
80.00
Professional Engineer
70.00
Engineer -In -Training
65.00
Technician/Designer
55.00
Drafter/CARD Operator
45.00
Clerical
35.00
Hugo Reed and Associat
Principal -in -Charge or Officer
100.00
Senior Engineer
85.00
Professional Engineer
75.00
Professional Land Surveyor
85.00
Engineer -In -Training
55.00
Technician/Designer
52.50
Drafter/CADD Operator
47.00
Clerical
35.00
B-2
SUPPLEMENTAL ENGINEERING SERVICES
Supplemental services described in Attachment A must be authorized in writing by the Owner.
All of a particular service, part of the supplemental service, or none of the supplemental
service may be authorized by the Owner.
The Engineer will be paid on an hourly rate basis shown in Table B-1 and subcontract
personnel services will be billed at cost. Engineer and subcontractor reimbursable expenses
will be billed at cost plus 15 percent service charge, including toll telephone charges, printing,
travel, airfare, computer charges, laboratory testing, etc.
Hourly fees listed in Table B-1 for Engineer's personnel services will apply until December
31, 1997 and shall be changed annually on January 1st for the upcoming twelve (12) month
period.
A. The following expenses are reimbursable:
1. Travel, subsistence and incidental costs.
2. Use of motor vehicles on a monthly rental basis for assigned vehicles and on a
current mileage basis or rental cost basis for vehicles used for short periods.
3. Telegraph costs, long distance telephone costs and project "onsite" telephone
costs.
4. Reproduction of reports, drawings and specifications.
5. Postage and shipping charges for project -related materials.
6. Computer time charges, including program use charges.
7. Rental charges for use of equipment.
8. Cost of acquiring any other materials or services specifically for and applicable
to only this Project.
B. The Engineer agrees to use its best efforts to perform the services as defined in
Attachment A within the billing limits stated above.
C. Monthly payments shall be made to the Engineer by the Owner based on the Engineer's
statement. The statement shall be itemized to indicate the amount of work performed
and the associated reimbursable expenses and subcontract costs.
D. The uncontested amount of each statement shall be due and payable upon receipt by the
Owner. Carrying charges of 1-1/2 percent per month from the billing date shall be due
for accounts which are not paid within 60 days after the billing date.
B-3
E. It is understood and agreed that the maximum billings of each of the above items are
based on the start of the Services being authorized not later than March 1, 1997. If
start of Services is not authorized by date given, it is understood and agreed that the
upper billing limit will be adjusted accordingly by a supplement to this Agreement.
F. The Engineer shall start the performance of the services within ten (10) days of receipt
of notice to proceed and will complete the Basic Engineering Services within 8 months.
Should the Supplemental Engineering Services specifically identified in Exhibit B-1 for
risk analyses be required, the Owner will notify the Engineer at least 90 days prior to
the completion of the Basic Engineering Services. Should the Supplemental Engineering
Services identified in Attachment A-2 be authorized by the City Engineer, an additional
32 months will be added to the completion time which includes 24 months for
construction, for a total performance period of 40 months.
G. The Engineer shall keep records on the basis of generally accepted accounting practices
of costs and expenses and which records shall be available for inspection by Owner at
reasonable times.
B-4
ATTACHMENT C
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Lubbock, Texas
Project: RFP No. 13681, Engineering Services for Storm Drainage
Feasibility Study and Design: Clapp Park to North Fork of the
Double Mountain Fork of the Brazos River (the Canyon) and
Overflow Playas Upstream of Clapp Park.
OWNER'S RESPONSIBILITIES
The Owner will furnish, as required by the work and not at the expense of the Engineer, the
following items:
1. Access to all maps, drawings, reports, records, audits, annual reports and other data
that are available in the files of the Owner and which may be useful in the work
involved under this Contract.
2. Secure permission to enter upon public and private property when required in
performance of the Engineer's services.
3. Access to existing property, boundary, easement, right-of-way, utility surveys and
property descriptions.
4. Full disclosure regarding the Project.
5. A Project Manager fully acquainted with the Project who has authority to approve
changes in the Project within the delegated authority of the Project Manager, render
decisions promptly, and furnish information in a reasonable time frame. It is
recognized that certain changes or decisions will require City Manager and/or City
Council approval.
6. Pay all costs for advertising and reproduction incident to advertising public meetings
except for those public meetings advertisements which the Engineer is obligated to
perform under Basic or authorized Supplemental Services.
7. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by Engineer, obtain advice of an attorney, insurance counselor and
other consultants as Owner deems appropriate for such examination, and render in
writing decisions pertaining thereto within a reasonable time so as not to delay the
services of Engineer.
8. Provide such legal accounting, independent cost estimating and insurance counseling
services as may be required for the Project and such auditing services as Owner may
C-1
require to ascertain how or for what purpose any contractor has used the monies paid
to him under the construction contract. -
9. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes
aware of any defect in the Project.
10. Cooperate with Engineer in securing preliminary approvals and consensus on the Phase
I Feasibility Study concepts from the governmental authorities having jurisdiction over
the Project and such approvals and consents from others as may be necessary for
completion of the Project.
11. Furnish, or direct Engineer to provide, necessary Supplemental Services as stipulated
in Attachment A of this Agreement or other services as required.
12. Bear all costs incident to compliance with the requirements of this Attachment C.
C-2
BASIC SERVICES
EXHIBIT A-1
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