HomeMy WebLinkAboutResolution - 3071 - Agreement - Parkhill Smith & Cooper - Engineering Services, 34Th St Improvements - 04/27/1989JWF:dw
RESOLUTION
Resolution No. 3071
April 27, 1989
Item #14
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 to
be entered into by and between said City and Parkhill, Smith and Cooper,
Inc., Engineers - Architects - Planners, to perform engineering services for
said City on construction of improvements on 34th Street from Loop 289 to
Milwaukee Avenue, attached herewith, which 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 27th day of Argil 1989.
hl
5-J
B. C. McMIN, MAYOR
u; "ATTEST:
Ran�tte Boyd, City Secfeta
APPROVED AS TO CONTENT:
11
arry u.-mertei, city tngineer
APPROVED AS TO FORM:
! ,r
A G R E E M E N T
CITY OF LUBBOCK, TEXAS
AND
PARKHILL_ SMITH & COOPER. INC.
FOR ENGINEERING SERVICES
THIS IS AN AGREEMENT made and entered into by and between CITY OF LUBBOCK
hereinafter called the "Owner," and PARKHILL, SMITH & COOPER, INC.,
Engineers -Architects -Planners, hereinafter called the "Engineer," of 4010 Avenue
R, Lubbock, Texas, a corporation which is duly chartered under the laws of the
State of Texas.
RECITALS
Owner intends to construct improvements to West 34th Street from West Loop
289 to Milwaukee Avenue. Such improvements are hereinafter called the project
and are further described to include the following:
1. Demolition and removal of existing strip paving
2. Embankment to raise the street grade
3. Curb and gutter
4. Concrete pavement
5. Storm drainage
6. Coordination with public and private utilities
CONTRACTUAL UNDERTAKINGS
SECTION
TITLE
PAGE
Section
I
Employment of Engineer
I-1
Section
II
Character and Extent of Services
II -1
Section
III
Authorization of Services
III -1
Section
IV
Period of Service
IV -1
Section
V
Owner's Responsibilities
V-1
Section
VI
The Engineer's Basic Compensation
VI -1
Section
VII
Special Assignments and Services Not
Included in Basic Compensation
VII -1
Section
VIII
Revision to Drawings and Specifications
VIII -1
Section
IX
Reuse of Documents
IX -1
Section
X
Termination
X-1
Section
XI
Addresses of Notices and Communications
XI -1
Section
XII
Section Captions
XII -1
Section
XIII
Successors and Assignments
XIII -1
Exhibit
A
Duties, Responsibilities and Limitation
of the Authority of the Resident Project
Representative
A-1
Exhibit
B
Fee Proposal Summary Basic Services
B-1
Exhibit
C
Basic Engineering Services
C-1
Exhibit
D
Proposed Project Schedule
D-1
is ,0
SECTION I
EMPLOYMENT OF ENGINEER
The Owner agrees to employ the Engineer and the Engineer agrees to perform
professional engineering services in connection with the Project as stated in
the Sections to follow, and for having rendered such services, the Owner agrees
to pay to the Engineer compensation as stated in the Sections to follow. The
professional engineering services shall include normal civil, structural,
mechanical and electrical engineering services and normal architectural services
incidental thereto.
I - 1
SECTION II
CHARACTER AND EXTENT OF SERVICES
A. DESIGN PHASE
Upon execution of this Agreement, authorization is hereby given to proceed
with the Design
Phase.
During the
Design Phase, the Engineer shall:
(1)
Establish the scope and advise the Owner of any soil and
foundation investigations or any special surveys or special
testing which, in the opinion of the Engineer, may be required
for the proper execution of the Project; and arrange with the
Owner for the conduct of such investigations and tests. The
performance of these investigations and tests is not a part of
the Engineer's basic services, and compensation therefor is not
included in the Basic Charge; it will be performed by the
Engineer with compensation determined by the applicable portions
of Section VII.
(2)
Furnish to the Owner, where required by the circumstances of the
assignment, the engineering data necessary for applications for
routine permits by local., State and Federal authorities, as
distinguished from detailed applications and supporting documents
for government grants-in-aid, or for planning advances or to meet
the requirements of special programs of the Federal Government.
(3)
Arrange with the Owner for field surveys to collect information
which, in the opinion of the Engineer, is required in the design
of the Project. The performance of field surveys is not a part
of the Engineer's basic services, and compensation therefor is
not included in the Basic Charge; the surveys will be performed
by the Engineer with compensation determined by applicable
portions of Section VII.
(4)
Prepare detailed specifications and contract drawings, on mylar,
for construction authorized by the Owner. These designs shall
in all respects combine the application of sound engineering
principles.
W
(5) Prepare detailed cost estimates and proposals of authorized
construction, which shall include summaries of bid items and
quantities which will be based, wherever practical, on the unit
price system of bidding. The Engineer shall not be required to
guarantee the accuracy of these estimates.
(6) Furnish to the Owner all necessary copies of contract documents,
including plans and specifications required for review by Owner
and regulatory agencies. All sets of plans and specifications
in excess of ten are to be paid for separately under Section VII
(14).
B. BIDDING PHASE
During the Bidding Phase the Engineer shall:
(1) Assist the Owner in the advertisement of the Project for bids.
(2) Assist in conducting a pre -bidding conference if the scope and
complexity of the Project requires.
(3) Assist the Owner in the opening and tabulation of bids for
construction of the Project, and recommend to the Owner as to
the proper action on all proposals received.
(4) Assist in the preparation of formal Contract Documents.
C. CONSTRUCTION PHASE
During the Construction Phase, the Engineer shall:
(1) Assist in conducting a pre -construction conference if the scope
and complexity of the Project requires.
(2) Make periodic visits to the site (as distinguished from the
continuous services of a Resident Project Representative
described in Subparagraph 4 below) to observe the progress and
quality of the executed work and to determine in general if the
work is proceeding in accordance with the Contract Documents.
In performing this service, the Engineer will not be required
to make exhaustive or continuous on-site inspections to check
the quality or quantity of the work or material; he will not be
responsible for the techniques and sequences of construction or
II - 2
t I d
R ''
the safety precautions incident thereto, and he will not be
responsible or liable in any degree for the contractor's failure
to perform the construction work in accordance with the Contract
Documents. During visits to the construction site, and on the
basis of the Engineer's on-site observations as an experienced
and qualified design professional, he will keep the Owner
informed of the extent of the progress of the work, and advise
the Owner of material and substantial defects and deficiencies
in the work.
(3) Consult and advise with the Owner; make recommendations to the
Owner regarding materials and workmanship; and prepare and issue
routine change orders with Owner's approval. Routine change
orders, such as substitution of material or equipment and
extension of time are considered a part of the Basic Service,
therefore no extra charge will be made for these services.
However, change orders requested by the Owner or made necessary
by changed site conditions, shall be considered special services
and shall be paid for as specified in Paragraph VII (24).
(4) If specifically authorized by the Owner in writing,furnish the
services of Resident Project Representatives and other field
personnel for continuous on -the -site observation of construction;
and for the performance of required construction layout surveys.
Furnishing the services of a Resident Project Representative is
not a part of the Engineer's basic services, and compensation
therefor is not included in the Basic Charge; compensation shall
be determined under Section VII(3). The authority and duties
of such Resident Project Representatives are limited to examining
the material furnished and observing the work done and to
reporting their findings to the Engineer. The Engineer will use
the usual degree of care and prudent judgment in the selection
of competent Project Representatives, and the Engineer will use
his best efforts to see that the Project Representatives are on
the job to perform their required duties. It is agreed, however,
that the Engineer does not underwrite, guarantee or insure the
II - 3
et
work done by the contractors. Failure by any Project
Representative or other personnel engaged in on -the -site
observation to discover defects or deficiencies in the work of
the contractors shall not relieve the contractor for liability
therefor or subject the Engineer to any liability for any such
defect or deficiencies.
(5) Conduct, in company with the Owner, a final inspection of the
Project for compliance with the Contract Documents and make
recommendations to the Owner regarding completion of the Project.
(6) Revise contract drawings, with the assistance of the Resident
Project Representative, to provide record drawings of the
completed Project and furnish one set of prints to the Owner.
The Engineer will exercise the usual degree of care in preparing
these drawings, but he shall not be required to guarantee the
accuracy of the record drawings. Compensation for record
drawings is not part of Basic Charge and shall be determined as
described under Section VII.
II - 4
SECTION III
AUTHORIZATION OF SERVICES
The Engineer shall be authorized to proceed with Design Phase services for
the Project upon execution of this Agreement. The Owner's written authorization
shall be obtained prior to proceeding with each subsequent phase of services.
The Engineer shall be authorized to proceed with the specific additional
services identified and specifically authorized in Section VII. The Owner's
written authorization shall be obtained prior to proceeding with other additional
services.
SECTION IV
PERIOD OF SERVICE
The provisions of this Agreement and the various rates of compensation for
Engineer's services provided for herein have been agreed to in anticipation of
the orderly and continuous progress of the Project through completion of the
Construction Phase. The Engineer's obligation to render services hereunder will
extend for a period which may reasonably be required for the design, award of
contracts and construction of the Project including extra work and required
extensions thereto.
If the Engineer's services for design or during construction of the Project
are delayed or suspended in whole or in part by Owner for more than three months
for reasons beyond Engineer's control, Engineer shall on written request to Owner .
(but without termination of this Agreement) be paid for services performed to
date as provided in Section X for the services delayed or suspended. If such
delay or suspension extends for more than one year for reasons beyond Engineer's
control, or if Engineer for any reason is required to render services after
December 31, 1990, the various rates of compensation provided for elsewhere in
this Agreement shall be subject to renegotiation.
IV - 1
I 1L 1
SECTION V
OWNER'S RESPONSIBILITIES
A. GENERAL
The Engineer shall hold periodic conferences with the Owner, or his
representatives, in order to obtain full benefit of the Owner's experience and
knowledge of existing needs and facilities and be consistent with its current
policies and construction standards.
B. OWNER'S RESPONSIBILITIES
The Owner shall:
(1) Provide full information as to his requirements for the Project.
(2) Assist Engineer by placing at his disposal all available reports and
any other data relative to design and construction.
(3) Furnish to Engineer, as required by him for performance of his Basic
Services, data prepared by or services of others, such as core
borings, probings and subsurface explorations, hydrographic surveys,
laboratory tests and inspections of samples, materials and equipment;
appropriate professional interpretations of all of the foregoing;
property, boundary, easement, right-of-way, topographic and utility
surveys and property descriptions; zoning and deed restrictions; and
other special data or consultations not covered in Section VII; all
of which Engineer may rely upon in performing his services.
(4) Guarantee access to and make all provisions for Engineer to enter
upon public and private property as required for Engineer to perform
his services.
(5) Examine all studies, reports, sketches, drawings, specifications,
proposals and other documents presented by Engineer, obtain advise
of an attorney, insurance counselor and other consultants as he 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.
0�I
(6) Pay all costs, including but not limited to, advertising and
reproduction and blueprinting incident to obtaining bids or proposals
from contractors.
(7) Provide such legal, accounting, independent cost estimating and
insurance counseling services as may be required for the Project and
such auditing service as Owner may require to ascertain how or for
what purpose any contractor has used the monies paid to.him under
the construction contract.
(8) Designate in writing a person to act as Owner's representative with
respect to the work to be performed under this Agreement. Such
person shall have complete authority to transmit instructions,
receive information, interpret and define Owner's policies and
decisions with respect to materials, equipment, elements and systems
pertinent to Engineer's services.
(9) Give prompt written notice to Engineer whenever Owner observes or
otherwise becomes aware of any defect in the Project.
(10) Furnish approvals and permits from all 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 Additional Services
as stipulated in Section VII of this Agreement or other services as
required.
(12) Bear all costs incident to compliance with the requirements of this
Section V.
V - 2
SECTION VI
THE ENGINEER'S BASIC COMPENSATION
For and in consideration of the services to be rendered by the Engineer,
the Owner shall pay, and the Engineer shall receive the compensation hereinafter
set forth, for the Design, Bidding and Construction Phases of the work. All
remittances by Owner of such compensation shall either be mailed or delivered
to Parkhill, Smith & Cooper, Inc., 4010 Avenue R, Lubbock, Texas 79412.
Should Owner fail to make payment to the Engineer of the sum named in any
partial or final statement when payment is past due for more than thirty days,
then the Owner shall pay to the Engineer, in addition to the sum shown as due
by such statement, interest thereon at the rate of 0.91 percent per month from
the date due, as provided herein, until fully paid, which shall fully liquidate
any injury to the Engineer arising from such delay in payment, but the right is
expressly reserved to the Engineer in event payments are not promptly made as
provided herein, at any time thereafter to treat the Agreement as terminated by
the Owner and recover compensation as provided by Section X of this Agreement.
Payment for services shall be made to the Engineer and will be paid for
by the Owner on a cost -plus -a -fixed fee basis with cost defined as follows:
a. Salary cost shall be defined as an amount based on the payroll
cost plus a factor times the salary cost to cover Direct Employee
Benefits and Indirect Overhead. The factor shall be calculated
at the end of each fiscal year.. For the fiscal year beginning
October 1, 1988, the factor is 150%. Payroll costs shall mean
the actual salaries and wages paid by the Engineer to its
principals, engineers, technicians, draftsmen, clerical and other
personnel engaged directly on the Project.
b. Non -salary costs, such as transportation, toll telephone calls,
reproduction, printing and similar Project related items are
included in the estimated cost.
Total payment, including salary cost, overhead, non -salary cost and fixed
fee shall not exceed Ninety Three Thousand Three Hundred Forty Dollars
($93,340.00).
A summary of the fee proposal is attached as Exhibit B.
VI - 1
Partial payments for services shall be made monthly, in proportion to that
part of the services which has been accomplished, as evidenced by monthly
statements submitted by the Engineer to the Owner. Final payment for services
shall be due upon the completion of the services including the remaining total
unpaid balance of the fixed fee.
In the event the time required for construction exceeds time of
construction, as allowed in the Contract Documents, by more than 30 days, the
Owner shall compensate the Engineer for all services rendered after the 30th day
in accordance with the schedule for Special Services in Section VII.
VI - 2
SECTION VII
ESPECIAL ASSIGNMENTS AND SERVICES NOT
INCLUDED IN BASIC COMPENSATION
A. ADDITIONAL SERVICES '
Engineer shall furnish or obtain from others additional services and
special assignments of the following types which are not considered normal or
customary Basic Services.
SERVICE
(1) Field Surveys to collect information required for design including
photogrammetry, and related office computations and drafting.
(2) Studies, tests and process determinations to establish basis of
design for water and waste treatment facilities.
(3) Services of a Resident Project Representative and other field
personnel, as required, for ori -the -site observation of construction;
and for construction layout surveys.
(4) Land surveys, and establishment of boundaries and monuments, and
related office computations and drafting.
(5) Preparation of property or easement descriptions.
(6) Preparation of any special reports required for marketing of bonds.
(7) Small design assignments (estimated construction cost less than
$100,000) not included in the authorized basic services.
(8) Appearance before regulatory agencies.
VII - 1
(9) Assistance to the Owner as an expert witness in any litigation with
third parties arising from the development or construction of the
Project including preparation of engineering data and reports.
(10) Special investigations involving detailed consideration of operation,
maintenance and overhead expenses; preparation of rate schedules,
earnings and expense statements; special feasibility studies;
appraisals; valuations; and material audits or inventories required
for certification of force account construction performed by the
Owner.
(11) Soil and foundation investigations, including field and laboratory
tests, borings, related engineering analysis and recommendations.
(12) Detailed mill, shop and/or laboratory inspection of materials or
equipment.
(13) Travel and subsistence required of the Engineer and authorized by
the Owner to points other than Owner's office and project site.
(14) Additional sets of contract documents and blue print copies of
drawings over ten copies.
(15) Preparation of applications. and supporting documents for government
grants, planning advances or to meet the requirements of special
programs of the Federal government.
(16) Preparation of environmental statements and assistance to Owner in
preparing for, and attending public hearings.
(17) Plotting, computing, and filing plats of subdivisions; staking of
lots; and related land planning and partitioning functions.
VII - 2
% I'
(18) Revisions to contract drawings to provide record drawings of the
completed contract.
(19) -Service after issuance of Certificate of Completion.
(20) Services to investigate existing conditions or facilities or to make
measured drawings thereof, or to verify accuracy of drawings or other
. information furnished by Owner.
(21) Preparation of operating instructions and manuals for facilities and
training of personnel and assistance in operation of facilities.
(22) Providing renderings or models for Owner's use.
(23) Preparing documents for alternate bids requested by Owner for work
which is not executed or documents for out -of -sequence work.
(24) Services in connection with change orders to reflect changes
requested by the Owner, and services resulting from significant
delays, changes or price increases occurring as a direct or indirect
result of material, equipment or energy shortage.
(25) Any other special or miscellaneous assignment specifically authorized
by Owner.
The duties and responsibilities and the limitations on the authority of
the Resident Project Representative and assistants are set forth in Exhibit A
which is a part of this Agreement.
B. PAYMENT
Payments to the Engineer for authorized additional services and special
assignments which are not included in Basic Services will be made monthly, by
the Owner, upon presentation of monthly statements by the Engineer for such
services in accordance with the following schedule.
VII - 3
Principal in Charge
$88.00
per
hour
Project Manager
$75.00
per
hour
Project Engineer
$66.00
per
hour
Design Engineer
$56.00
per
hour
Engineer -in -Training
$43.00
per
hour
Drafter
$33.00
per
hour
Clerical
$25.00
per
hour
Senior Project Representative
$44.00
per
hour
Resident Project Representative
$35.00
per
hour
The above schedule shall be renegotiated for any Special Assignments
required after December 31, 1990.
Reimbursable expenses are defined as actual expenses incurred directly or
indirectly in connection with the Special Assignments for: transportation and
subsistence; toll telephone charges; reproduction; surveying; computer time;
subsurface testing; soil testing and services of outside consultants.
Reimbursement for these expenses shall be cost plus a 15 percent service charge.
C. ADDITIONAL SERVICES - PROJECT SPECIFIC
Additional services which are specifically provided for in this Agreement
include the following:
Task
1. Redesign of improvements for construction
of asphaltic concrete pavement in lieu of
portland cement concrete pavement should
the project budget be inadequate to allow
for use of portland cement concrete.
2. Prepare necessary documents and perform
necessary research for Owner to levy
assessments to property owners adjoining
the project.
3. Prepare cut and fill plan and assist in
securing approval by the Planning and
Zoning Commission.
VII - 4
Estimated Amount
$17,500
$15,500
$12,500
4. Prepare and furnish survey information
and parcel sketches for Owner to secure
required right-of-way for construction
of the project. $13,500
5. Topographic design surveys
$12,000
6. Soil investigations (tests which cannot
be performed by the Owner's laboratory) $ 2,500
The Engineer shall, upon execution of this agreement, be authorized to
proceed with items 3, 4 and 5 listed above.
Payment for items 1-6 shall be made to the Engineer by the Owner in
accordance with the hourly rate schedule and provisions stated in Paragraph B.
PAYMENT above. The amount paid the Engineer for ADDITIONAL SERVICES -PROJECT
SPECIFIC, item 1 shall not exceed the maximum amount of $17,500, item 2 shall
not exceed the maximum amount of $15,500, and item 6 shall not exceed the maximum
amount of $2,500 unless specifically authorized in writing by the Owner or
specific further additional services are authorized in writing by the Owner.
The amount paid the Engineer for ADDITIONAL SERVICES -PROJECT SPECIFIC, items 3
4 and 5 shall not exceed the maximum amount of $38,000 unless specifically
authorized in writing by the Owner or specific further additional services are
authorized in writing by the Owner.
VII - 5
V I r
SECTION VIII
REVISIONS TO DRAWINGS AND SPECIFICATIONS
The Engineer will make, without expense to the Owner, such revisions of
the preliminary drawings as.may be required to meet the needs of the Owner, but
after a definite plan has been approved by the Owner, if a decision is
subsequently made by the Owner which, for its proper execution, involves extra
services and expenses for changes in, or addition to the drawings, specifications
or other documents, or if the Engineer is put to labor or expense by delays
imposed on him from causes not within his control, such as by (but not limited
to) the readvertisement of bids or by the delinquency or insolvency of
contractors, the Engineer shall be compensated for such extra services and
expense, which services and expense shall not be considered as covered by the.
Basic Charges stipulated in this Agreement. Compensation for such extra services
shall be in accordance with the provisions of Section VII, Paragraph B. PAYMENT.
� t
SECTION IX
REUSE OF DOCUMENTS
All documents including Drawings and Specifications prepared by ENGINEER
pursuant to this Agreement are instruments of service in respect of the Project.
They are not intended or represented to be suitable for reuse by OWNER or others
on extensions of the 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; and
OWNER shall indemnify and hold harmless ENGINEER from all claims, damages, losses
and expenses including attorneys' fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle ENGINEER to further compensation
at rates to be agreed upon by OWNER and ENGINEER. -
SECTION X
TERMINATION
Either party to this Agreement may terminate the Agreement by giving to
the other seven days notice in writing. Upon delivery of such notice by the
Owner to the Engineer, and upon expiration of the seven-day period, the Engineer
shall discontinue all- services in connection with the performance of this
Agreement and shall proceed to cancel promptly all existing orders and contracts
insofar as such orders or contracts are chargeable to this Agreement. As soon
as practicable after receipt of notice of termination, the Engineer shall submit
a statement, showing in detail the services performed under this Agreement to
the date of termination. The Owner shall then pay the Engineer promptly that
proportion of the prescribed charges which the services actually performed under
this Agreement bear to the total services called for under this Agreement, less
such payments on account of the charges as have been previously made. Copies
of all completed or partially completed designs, plans and specifications
prepared under this Agreement shall be delivered to the Owner when and if this
Agreement is terminated, but subject to the restrictions, as to their use, as
set forth in Section IX.
X - 1
SECTION XI
ADDRESS OF NOTICES AND COMMUNICATIONS
All notices and communications under this Agreement to be mailed or
delivered to Engineer shall be to the following address:
PARKHILL, SMITH & COOPER, INC.
4010 Avenue R
Lubbock, Texas 79412
All notices and communications under this Agreement to be mailed or
delivered to the Owner shall be to the following address:
CITY OF LUBBOCK
Attn: Mr. Larry Cunningham, City Manager
P.O. Box 2000
Lubbock, Texas 79457
XI - 1
SECTION XII
SECTION CAPTIONS
Each Section under the contractual undertakings has been supplied with a
caption to serve only as a guide to the contents. The caption does not control
the meaning of any Section or in any way determine its interpretation or
application.
XII - 1
SECTION XIII
SUCCESSORS AND ASSIGNMENTS
The Owndr and the Engineer each binds himself and his successors,
executors, administrators and assigns to the other party of this Agreement and
to the successors, executors, administrators and assigns of such other party,
in respect to all covenants of this Agreement. Except as above, neither the
Owner nor the Engineer shall assign, sublet or transfer his interest in this
Agreement without the written consent of the other. Nothing herein shall be
construed as creating any personal liability on the part of any officer or agent
of any public body which may be a party thereto.
EXECUTED in_Z_counterparts (each of which is an original) on behalf of
Engineer by its President shown below, and on behalf of Owner.
by its Mayor (thereunto duly authorized) this
day of Agri 1 Q.
OWNER:
CITY OF LUBBOCK, TEXAS
C
B C,�
B.C. McMinn, Mayor
ATTEST:
Ranett Boyd, City Secretary
APROVED AS TO CONTENT:
J
Larry D., fiertel
City Engineer
ENGINEER:
PARKHILL, SMITH & COOPER, INC.
By �LAY�-
Preside
APPROVED AS TO FORM:
J. W r h Fullingim
Assistant City Attorney
EXHIBIT A
TO
AGREEMENT BETWEEN
CITY OF LUBBOCK
AND
PARKHILL SMITH & COOPER. INC.
DUTIES RESPONSIBILITIES AND LIMITATIONS OF THE
AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE
A. GENERAL
The Resident Project Representative is the Engineer's Agent and shall act
under the supervision and direction of the Engineer. He shall confer with the
Engineer regarding his actions, and shall generally communicate with the Owner
only through the Engineer.
B. DUTIES AND RESPONSIBILITIES
The Resident Project Representative shall:
1. Schedule - Review the construction schedule prepared by the
Contractor for compliance with the contract and give written advice to the .
Engineer concerning its acceptability.
2. Conferences - Attend pre -construction conferences. Arrange a
schedule of progress meetings and other job conferences as required in
consultation with the Engineer and notify those expected to attend in advance.
Maintain and circulate copies of records of the meetings.
3. Liaiso-
a. Serve as the Engineer's liaison with the Contractor working
principally through the Contractor's field superintendent.
Alert the Contractor through his field superintendent, to
the hazards involved in accepting and acting upon
instructions from the Owner or others, except such
instructions transmitted through the Engineer.
b. Cooperate with the Contractor in his dealings with the
various local agencies having jurisdiction over the Project
EXHIBIT A
Page 1 of 4
rc r
in order to complete service connections to public utilities
and facilities.
c. Assist the Engineer in obtaining from the Owner additional
details or information, when required at the job site for
proper execution of the work.
4. Approvals - When required, assist the Engineer in obtaining from
the Contractor a list of his proposed suppliers and subcontractors.
. 5. ,gym es - Assist the Engineer in obtaining field samples of
materials delivered to the site which are required to be furnished, and keep
record of actions taken by the Engineer.
6. Shop Drawings -
a. Receive approved shop drawings and other submissions from
the Engineer; record data received, maintain a file of the
drawings and submissions, and check construction for
compliance with them.
b. Alert the Contractor's field superintendent when he observes
materials or equipment being installed before approval of
shop drawings or samples, where such are required, and advise
the Engineer when he believes it is necessary to disapprove
work as failing to conform to the Contract Documents.
7. Review of Work. Inspections and Tests -
a. Conduct on-site observations of the work in progress for
the Engineer as a basis for determining that the Project is
proceeding in accordance with the Contract Documents.
b. Verify that tests, including equipment and systems start
up, which are required by the Contract Documents are
conducted and that the Contractor maintains adequate records
thereof; observe, record and report to the Engineer
appropriate details relative to the test procedures and
start ups.
c. Accompanying visiting inspectors representing public or
other agencies having jurisdiction over the Project, record
the outcome of these inspections and report to the Engineer.
EXHIBIT A
Page 2 of 4
8. Interpretation of Contract Documents - Transmit to the Contractor
the Engineer's interpretations of the Contract Documents.
i
9. Modifications - Consider and evaluate Contractor's suggestions
for modifications in drawings or specifications and report them with
recommendations to the Engineer.
10. Records -
a. Maintain at the job site orderly files for correspondence,
reports of job conferences, shop drawings and other
submissions, reproductions of original contract documents
including all addenda, change orders and additional drawings
issued subsequent to the award of the contract, the
Engineer's interpretations of the Contract Documents,
progress reports, and other Project related documents.
b. Keep a diary or log book, recording hours on the job site,
weather conditions, list of visiting officials, daily
activities, decisions, observations in general, and specific
observations in more detail as in the case of observing test
procedures.
c. Record names, addresses and telephone numbers of all
Contractors, subcontractors and major material suppliers.
d. Maintain a set of drawings on which authorized changes are
noted, and deliver to the Engineer at the completion of the
Project.
11. ReRorts -
a. Furnish the Engineer periodic reports as required of progress
of the Project and the Contractor's compliance with the
approved construction schedule.
b. Consult with the Engineer in advance of scheduled major
tests or start of important phases of the Project.
12. Pffyment Requisitions - Review applications for payment with the
Contractor for compliance with the established procedure for their submission
and forward them with recommendations to the Engineer, noting particularly their
relation to the work completed and materials and equipment delivered at the site.
EXHIBIT A
Page 3 of 4
r .—
4b s
13. Guarantees Certificates Maintenance and Operation Manuals -
During the course of the work, assemble Guarantees, Certificates, Maintenance
Operation Manuals and other required data to be furnished by the Contractor and
upon acceptance of the Project, deliver this material to the Engineer for his
approval and forwarding to the Owner.
14. Completion -
a. Prior to final inspection, submit to the Contractor a list
of observed items requiring correction and verify that each
correction has been made.
b. Conduct final inspection in the company of the Engineer and
the Owner and prepare a final list of items to be corrected.
c. Verify that all items on final list have been corrected and
make recommendations to the Engineer concerning acceptance.
C. LIMITATIONS OF AUTHORITY
Except upon written instructions of the Engineer the Resident Project
Representative:
1. Shall not authorize any deviation from the Contract Documents.
2. Shall not undertake any of the responsibilities of the Contractor,
the sub -contractors or the Contractor's field superintendent.
3. Shall not expedite the work of the Contractor.
4. Shall not advise on or issue directions relative to any aspect of
the construction technique or sequence unless a specific technique
or sequence is called for in the Contract Documents.
S. Shall not authorize the Owner to occupy the Project in whole or in
part prior to final acceptance of the work.
6. Shall not participate in specialized field or laboratory tests.
EXHIBIT A
Page 4 of 4
WEST 34TH STREET
W LOOP 289 TO MILWAUKEE AVE.
FEE PROPOSAL SUMMARY
BASIC SERVICES
----------------------------
DIRECT LABOR
------------
Category
Firm Principal
Proj. Mgr/Engr
Proj/Dsgn Engineer
Engr. in Training
Drafter
Clerical
Hours
29
161
475
386
925
80
x
Total Direct Labor
Overhead Cost (150 �)
Total Direct Labor and Overhead Cost
NON -SALARY DIRECT COST
Photographs
Postage
Toll Telephone Calls
Travel
Reproduction & Printing
Misc. Supplies
CAD
$75
$50
$25
$188
$846
$150
$3,840
TOTAL COST
FIXED FEE
EXHIBIT. B
Page 1 of 1
Rate Cost
$29.00 $841
$21.50 $3,462
$19.00 $9,025
$15.50 $5,983
$11.25 $10,406
$8.50 $680
$30,397
$45,595
$75,992
$5,174
$81,166
$12,174
$93,340
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EXHIBIT C
Page 1 of 2
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EXHIBIT C
■ Page 2 of 2
PROPOSED PROJECT SCHEDULE
CITY OF LUBBOCK. TEXAS
WEST 34TH STREET
WEST LOOP 289 TO MILWAUKEE AVENUE
DATE ACTIVITY
April 27 1989 City Council authorize execution of engineering agreement
May 1989 thru Design Phase including basic design services, property owner
January 1990 assessment services, cut and fill plan, right-of-way
services, topographic design surveys, and soil
investigations.
February thru Bid Phase
March 1990
April 1990 Begin Construction Phase
NOTE: The proposed project schedule is based on the assumption that necessary
rights-of-way and assessment clearances are obtained from adjacent
property owners prior to February, 1990.
EXHIBIT D
Page 1 of 1