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HomeMy WebLinkAboutResolution - 2637 - Contract - Parkhill Smith & Cooper - Pase 4 & 5, I27 Project - 09/10/1987JWF:js RESOLUTION Resolution #2637 September 10, 1987 Agenda Item #26 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 a Contract to be entered into by and between said City of Lubbock (as owner) and Parkhill, Smith and Cooper, Inc. (as consulting engineers) for engineering services as regards Phase IV relocation of water lines and related water works appurte- nances and sanitary sewer lines as required by the Texas State Department of Highways and Public Transportation in connection with the construction of Interstate Highway 27 through the City of Lubbock, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the min- utes 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 loth day of September 1987. ATTEST: etAe Boyd, City Secretary APPRO ED AS TO CONTENT: am Wahl, Director of Water Utilities APPROVED AS TO FORM: el ortn ruiiingim, Nssis rney B. C. MCMI N, MAYOR Resolution #2637 ADDENDUM TO PHASE V ENGINEERING SERVICES CONTRACT FOR I-27 UTILITY RELOCATION CONSTRUCTION Any provision of the above-mentioned Contract to the contrary notwithstanding, the undersigned parties hereby specially agree that the City of Lubbock (herein called Owner) shall retain five percent (5%) of any monies as and when due to Parkhill, Smith & Cooper, Inc. (herein called Engineer) under this Contract until the satisfactory completion of all construction work for which the En- gineer furnishes engineering services. EXECUTED in five (5) counterparts (each of which is an origi- nal) on behalf of Engineer by its President shown below, and on be- half of Owner by its Mayor (thereunto duly authorized) this 10th day of September , 1987. OWNER: CITY OF LUBBOCK BY: B. C. McMINN, MAYOR APPROVED AS TO CON ENT: Sam Wa 1, i ector of Vater Utilities APPROVED AS TO FORM: J.rth Fullingim, Assist4fit Cit Attorney ENGINEER: PARKHILL, SMITH_& COOPER, INC. BY: eud"Z-t- T_._CLAYTON Y GE , PRESIDENT Res. 2637 August 28, 1987 Mr. Sam W. Wahl, P.E. Director of Water Utilities City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Re: Engineering Agreement (Revised) Utility Relocations, Phase V I-27, 19th Street to 48th Street Dear Sam: Attached are five (5) revised copies of the referenced agreement. These have been executed by the Engineer. We have corrected the sections you questioned in Section II, Subsection D, Construction Phase, Paragraph (2) in accordance with our discussions. We have also increased the hours and costs for engineering to account for including trench safety systems in the project. After execution and dating by the City, please return three (3) copies to this office. We will then transmit copies to the State. We will also need a copy of the Council resolution authorizing execution of the agreement to send to the State. The following is a summary of current estimated costs for the various aspects of the Phase V project. The construction cost has been increased 12.3 percent over that previously estimated to account for anticipated increases caused by the new trench safety legislation. This is an esti- mated increase of 15 percent applied to trench related items in the origi- nal construction estimate. Construction Cost $3,729,986 Engineering Basic Services $ 196,041 Resident'Project Representative $ 97,000 Laboratory Testing $ 50,000 Topographic Surveys $ 37,000 The construction, RPR, testing and survey costs will probably vary from the estimated amounts, but should be a good current estimate. Should you have any questions, please call. Sincerely, PARKHILL, SMITH & COOPER, INC. By �_ ... Terry Bilderback, P.E. Parkhill, Smith & Cooper, Inc. Engineers • Architects . Planners 4010 Avenue R, Lubbock, Texas 79412 806-747-0161 Lubbock EI Paso Midland Austin t 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 relocate certain water lines and related water works appurtenances and sanitary sewer lines as required by the Texas State Department of Highways and Public Transportation in connection with the construction of Interstate Highway 27 through the City of Lubbock. Such relo- cation is hereinafter called the project and is further described as follows: SECTION 2 1. Station 177+50 to 256+00 2. Station 174+50 3. Station 174+45 4. Station 184+45 to 189+36 5. Station 184+40 to 187+60 6. Station 189+36 7. Station 190+95 to 194+20 8. Station 200+72 9. Station 197+55 to 202+50 10. Station 190+95 to 217+40 11. Station 202+40 to 206+10 12 -inch and 14 -inch water lines 8 -inch water line 8 -inch sanitary sewer 4 -inch water line 8 -inch sanitary sewer 6 -inch water line 4 -inch water line 10 -inch water line 4 -inch water line 6 -inch sanitary sewer 4 -inch water line ?� ar 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. Station 202+40 to 206+10 Station 204+09 Station 210+64 Station 223+35 Station 223+56 Station 224+00 to 235+30 Station 224+30 to 236+93 Station 230+30 Station 236+93 to 246+00 Station 236+25 to 248+25 Station 250+45 Station 249+50 to 251+15 Station 254+52 Station 249+25 to 261+00 Station 263+77 to 266+10 Station 263+82 to 266+43 Station 264+23 Station 264+29 Station 268+45 to 274+80 Station 272+30 to 279+00 t IF 6 -inch sanitary sewer 6 -inch water line 8 -inch water line 16 -inch water line 30 -inch sanitary sewer 6 -inch sanitary sewer 4 -inch water line 6 -inch water line 8 -inch water line 6 -inch sanitary sewer 20 -inch sanitary sewer 6 -inch sanitary sewer 10 -inch water line 6 -inch water line 6 -inch sanitary sewer 4 -inch water line 12 -inch sanitary sewer 6 -inch water line 6 -inch sanitary sewer 10 -inch water line I k L Jr 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 Ownership of Documents IX -1 Section X Termination X-1 Section XI General Requirements XI -1 Section XII Addresses of Notices and Communications XII -1 Section XIII Section Captions XIII -1 Section XIV Successors and Assignments XIV -1 Exhibit A Duties, Responsibilities and Limitation of the Authority of the Resident Project Representative A-1 Exhibit B Fee Proposal Summary Page 1 Exhibit C Project Manhour Requirements Page 1 of 4 L SECTION I EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer and the Engineer agrees to per- form 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 archi- tectural services incidental thereto. I - 1 x tr j� SECTION I EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer and the Engineer agrees to per- form 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 archi- tectural services incidental thereto. I - 1 U V SECTION II CHARACTER AND EXTENT OF SERVICES Written authorisation shall be given to proceed with the Preliminary Phase and Design Phase on each project as it is authorised by the State Department of Highways and Public Transportation. A. PRELIMINARY PHASE During the Preliminary Phase, the Engineer shall: (1) Attend preliminary conferences with the Owner and other interested parties regarding the Project. (2) 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 Preliminary Phase; 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 compen- sation therefor is not included in the Basic Charge; it may be performed by the Engineer, by agreement with the Owner, in which case compensation shall be deter- mined by the applicable portions of Section VII. (3) Perform preliminary engineering services in connection with Project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the Owner, to include preliminary layouts, sketches and cost estimates for the Project, and to set forth clearly the Engineer's recommendations. B. 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 II - 1 , r or special testing which, in the opinion of the Engi- neer, 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 may be performed by the Engineer, by agreement with the Owner, in which case compensation shall be deter- mined by the applicable portions of Section VII. (2) Furnish to the Owner, where required by the cir- cumstances of the assignment, the engineering data necessary for applications for routine permits by local, State and Federal authorities, as distin- guished 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 per- formance 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 may be performed by the Engineer, by agreement with the Owner, in which case compensation shall be deter- mined by applicable portions of Section VII. (4) Prepare detailed specifications and contract draw- ings, pencil on paper, for construction authorized by the Owner. These designs shall in all respects combine the application of sound engineering prin- ciples and shall be -coordinated with the Texas State II - 2 # rr Department of Highways and Public Transportation. (5) Prepare detailed cost estimates and proposals of authorized construction, which shall include sum- maries 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. C. BIDDING PHASE During the Bidding Phase the Engineer shall: (1) Assist the Owner in the advertisement of the Project for bids. (2) Conduct a pre -bidding conference if the scope and complexity of the Project requires. (3) Furnish the number of copies of the Plans and Specifications as required by prospective bidders and furnishers of material and equipment. All sets of Plans and Specifications required for bidding purposes in excess of twenty are to be paid for separately under Section VII(14). (4) 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 propo- sals received. (5) Assist in the preparation of formal Contract Documents. D. CONSTRUCTION PHASE During the Construction Phase, the Engineer shall: (1) Conduct a pre -construction conference if the scope and complexity of the Project requires. (2) Make visits to the site at intervals appropriate to II - 3 r t the various stages of construction in order to observe as an experienced and qualified design pro- fessional the progress and quality of the various aspects of the contractors' work. Based on infor- mation obtained during such visits and on such observations, the Engineer shall endeavor to deter- mine in general if such work is proceeding in accordance with the Contract Documents and the Engineer shall keep the Owner and State Department of Highways and Public Transportation informed of the progress of the work. These services do not include the continuous services of a Resident Project Representative described in Subparagraph 4 below. (3) Consult and advise with the Owner; make recommen- dations to the Owner and State Department of Highways and Public Transportation regarding materials and workmanship; and prepare and issue routine change orders with Owner's and State Department of Highways and Public Transportation's approval. Routine change orders, such as substitu- tion of material or equipment and extension of time are considered a part of the Basic Service, there- fore no extra charge will be made for these services. However, change orders requested by the Owner or State Department of Highways and Public Transportation, or made necessary by changed site conditions, shall be considered special services and shall be paid for as specified in Paragraph VII(24). (4) Furnish the services of Resident Project Representa- tives and other field personnel for continuous on - the -site observation of construction; and for the II - 4 (5) (6) r performance of required construction layout surveys. Furnishing the services of a Resident Project Repre- sentative is not a part of the Engineer's basic ser- vices, 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 com- petent 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 work done by the contractors. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the contractor is required to submit for compliance with the information given by the Contract Documents; and assemble written guarantees which are required by.the Contract Documents. Based on his on-site observations as an experienced and qualified design professional and on his review of the Contractor's applications for payment and the accompanying data and schedules, determine the amounts owing to the Contractor and approve in writing payments to the Contractor in such amounts; such approvals of payment will constitute a repre- II - 5 r I % ,, C sentation to Owner, based on such observations and review, that the work has progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any qualifications stated in his approval). By approving an application for payment, Engineer will not be deemed to have represented that he has made any examination to determine how or for what purpose any Contractor has used the monies paid on account of the Contract Price or that title to any of the contractor's work, materials or equiment has passed to Owner free and clear of any lien, claims, security interests or encumbrances. (1) Conduct, in company with the Owner and State Department of Highways and Public Transportation, a final inspection of the Project for compliance with the Contract Documents and make recommendations to the Owner regarding completion of the Project. (8) 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 exer- cise 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. The Engineer may retain Mylar prints of the revised contract drawings as specified in Section IX. II — 6 SECTION III AUTHORIZATION OF SERVICES The Engineer shall obtain written authoriation to proceed with Preliminary Phase and Design Phase services and shall not incur any costs until written authorization is given by the State Department of Highways and Public Transportation, the Federal Highway Administration and acknowledged by the City. 1 71 • • • , Y SECTION III AUTHORIZATION OF SERVICES The Engineer shall obtain written authoriation to proceed with Preliminary Phase and Design Phase services and shall not incur any costs until written authorization is given by the State Department of Highways and Public Transportation, the Federal Highway Administration and acknowledged by the City. ,t f 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 anticipa- tion 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. It is anticipated that the projects shall be completed within 48 months of the date of this Agreement. If the Engineer's services for design or during construction of the Project are delayed or suspended in whole or in part by Owner, State Department of Highways and Public Transporation or Federal Highway Administration 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, the various rates of compensation provided for elsewhere in this Agreement shall be subject to renegotiation. Any changes in the scope of services provided by the Engineer shall be approved in writing by the Owner and the State Department of Highways and Public Transportation. IV -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 perfor- mance of his Basic Services, data prepared by or ser- vices 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 con- sultations 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, V - 1 .* r specifications, proposals and other documents pre- sented 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 reason- able time so as not to delay the services of Engineer. (6) Pay all costs, including but not limited to, adver- tising and reproduction and blueprinting incident to obtaining bids or proposals from contractors if the number of copies of plans and specifications exceed twenty. (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 per- formed 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 ser- vices. (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 V - 2 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 after obtaining approval by the State for those services related to Utility Relocation. (12) Bear all costs incident to compliance with the requirements of this Section V. v-3 t J � •. a r... 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 Preliminary, 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. It is expressly understood by the Owner that the State is prohibited from paying any part of the late charge interest payments and that the Owner shall make all interest payments should they occur. 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 September 30, 1986, the factor is 152.28%. 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. VI -1 b. Non -salary costs, such as transportation, toll telephone calls, reproduction, printing and similar Project related items are included in the estimated cost. The total cost, including salary cost, overhead, non -salary cost and fixed fee shall not exceed $196,041.00. A summary of the fee proposal is attached as Exhibit B. The fee is based on the salary schedule in effect January 1, 1987. It is anticipated that the design, bidding and construction period services will occur over an extended period of time, therefore the remaining portion of the total cost shall be adjusted each January 1st by the following formula: Adjusted Total Cost - Total Cost Remaining x c 331.1 where c e Consumer Price Index - U.S. Average published by the Department of Labor 331.1 - Consumer Price Index - U.S. Average December 31, 1986 Thiscalculation shall be made on January 1st of each year in order to adjust the Total Cost. The Fixed Fee shall not be adjusted. VI -2 SECTION VII SPECIAL ASSIGNMENTS AND SERVICES NOT INCLUDED IN BASIC COMPENSATION 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 treat- ment facilities. (3) Services of a Resident Project Representative and other field personnel, as required, for on -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). VII - 1 (8) Appearance before regulatory agencies. (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 con- sideration 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 copies of reports over five copies; addi- tional sets of contract documents and blue print copies of drawings over twenty 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. VII - 2 i (8) Appearance before regulatory agencies. (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 con- sideration 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 copies of reports over five copies; addi- tional sets of contract documents and blue print copies of drawings over twenty 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. VII - 2 (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. (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 faci- lities 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 assis- tance 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 result- ing from significant delays, changes or price in- creases occurring as a direct or indirect result of material, equipment or energy shortage. VII - 3 r 4. (25) Any other special or miscellaneous assignment speci- fically authorized by Owner. The duties and responsibilities and the limitations on the authority of the Resident Project Representative and assistants will be set forth in Exhibit A which is to be identified, attached to and made a part of this Agreement before such services begin. 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. Project Manager Project Engineer Design Engineer Engineer -in -Training Chief Drafter Drafter Clerical Senior Project Representative Resident Project Representative $74.87 per hour $65.83 per hour $46.64 per hour $38.02 per hour $36.85 per hour $26.49 per hour $23.59 per hour $42.94 per hour $33.53 per hour The above schedule shall be renegotiated for any Special Assignments required after December 31, 1987. 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. VII - 4 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, specifica- tions 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 ser- vices shall be at salary cost times a multiplier of 2.15, and reimbursement for direct non -labor expense and subcontract expense at invoice cost plus a 15 percent service charge. r S. .. Y SECTION IX OWNERSHIP OF DOCUMENTS Original documents, plans, designs and survey notes developed in connec- tion with services performed hereunder belong to and remain the property of the Owner, in consideration of which it is mutually agreed that the Owner will use them solely in connection with the Project, save with the express consent of the Engineer. The Engineer may retain reproducible copies of such docu- ments. 7 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 Y SECTION XI GENERAL REQUIREMENTS A. FEDERAL ASSISTANCE The Engineer agrees to acknowledge that Federal financial assistance has been obtained for the development of the Project. B. ANTI -KICKBACK RULES Salaries of all employees performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are man- datory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Engineer shall comply with all appli- cable "Anti -Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this Contract to insure compliance by subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemp- tions from the requirements thereof. C. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Contract, the Engineer agrees as follows: (1) The Engineer will not discriminate against any employee or applicant for employemnt because or race, color, religion, sex, or national origin. The Engineer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such t i r action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Engineer agrees to post in conspicuous places, available to employees and appli- cants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. (2) The Engineer will, in all solicitations or adver- tisements for employees placed by or on behalf of the Engineer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The Engineer will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or sub- contracts for standard commercial supplies or raw materials. D. DISCRIMINATION BECAUSE OF CERTAIN LABOR MATTERS No person employed on the work covered by this Contract shall be discharged or in any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. E. CIVIL RIGHTS ACT OF 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on XI -2 the grounds of race, color, sex, or national origin, be excluded from par- ticipation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. F. RECORDS AND AUDITS The Engineer shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both Federal and non -Federal shares. These records will be made available for audit purposes to the City, State Department of Highways and Public Transportation and the Comptroller General of the United States or any authorized representative, and will be retained for three years after the expiration of this Contract. G. FINDINGS CONFIDENTIAL All of the reports, information, data, etc., prepared or assembled by the Engineer under this Contract are confidential and the Engineer agrees that they shall not be made available to any individual or organization without the prior written approval of the City. H. COPYRIGHT No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Engineer. I. SECTION 503 HANDICAPPED During the performance of this contract, the Engineer agrees to take affirmative action for handicapped workers. (1) The Engineer will not discriminate against any employee or applicant for employment because of physi- cal or mental handicap in regard to any position for XI - 3 r Jr + the grounds of race, color, sex, or national origin, be excluded from par- ticipation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. F. RECORDS AND AUDITS The Engineer shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both Federal and non -Federal shares. These records will be made available for audit purposes to the City, State Department of Highways and Public Transportation and the Comptroller General of the United States or any authorized representative, and will be retained for three years after the expiration of this Contract. G. FINDINGS CONFIDENTIAL All of the reports, information, data, etc., prepared or assembled by the Engineer under this Contract are confidential and the Engineer agrees that they shall not be made available to any individual or organization without the prior written approval of the City. H. COPYRIGHT No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Engineer. I. SECTION 503 HANDICAPPED During the performance of this contract, the Engineer agrees to take affirmative action for handicapped workers. (1) The Engineer will not discriminate against any employee or applicant for employment because of physi- cal or mental handicap in regard to any position for XI - 3 it Y which the employee or applicant for employment is qualified. The Engineer agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or ter- mination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (2) The Engineer agrees to comply with the rules, regula- tions, and relevant orders of the Secretary of Labor issued pursuant to the Act. (3) In the event of the Engineer's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regula- tions, and relevant orders of the Secretary of Labor issued pursuant to the Act. (4) The Engineer agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the City. Such notices shall state the Engineer's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. (5) The Engineer will notify each labor union or represen- tative of workers with which it has a collective bargaining agreement or other contract understanding, that the Engineer is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in XI -4 employment physically and mentally handicapped indivi- duals. (6) The Engineer will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. J. INTEREST OF MEMBERS OF CITY No member of the governing body of the City, and no other officer, employee, or agent of the City who exercises any functions or responsibili- ties in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract. K. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract. L. INTEREST OF ENGINEER AND EMPLOYEES The Engineer covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Engineer further cove- nants that in the performance of this contract, no person having any such interest shall be employed. XI -5 4 } r M. PERSONNEL The Engineer represents that he has, or will secure at his own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the City. All of the services required hereunder will be performed by the Engineer or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. XI -6 J ♦ r r f ` + •t r: SECTION XII 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 ,r r SECTION XIII 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. SECTION XIV SUCCESSORS AND ASSIGNMENTS The Owner 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 5 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 10 day of P+r- OWNER: CITY OF LUBBOCK, TEXAS By VF' (i40! C� Mayor ATTEST: City Secreta y •D AS TO CONTENT: Approved as to form; XIV — 1 416. "' istarrt City Attorney ENGINEER: PARKHILL, SMITH &COOPER, INC. By el, eeo Presiden • i i 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 con- sultation with the Engineer and notify those expected to attend in advance. Maintain and circulate copies of records of the meetings. 3. Liaison - 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 in order to complete service connections to EXHIBIT A Page 1 of 4 public utilities and facilities. C. Assist the Engineer in obtaining from the Owner addi- tional 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. Samples - 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. b. 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 con- ducted 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. 9. Modifications - Consider and evaluate Contractor's suggestions for modifications in drawings or specifications and report them with recommen- dations 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 addi- tional 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. Reports - 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. Payment Requisitions - Review applications for payment with the Contractor for compliance with the established procedure for their sub- mission and forward them with recommendations to the Engineer, noting par- ticularly their relation to the work completed and materials and equipment EXHIBIT A Page 3 of 4 delivered at the site. 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. 5. 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 DIRECT LABOR ------------ •t t FEE PROPOSAL SUMMARY -------------------- Category Hours x Rate Cost Project Manager 344 $26.07 $8,968 Proj/Dsgn Engineer 1,593 $18.15 $28,913 Engr. in Training 816 $13.90 $11,342 Drafter 1,630 $9.14 $14,898 Clerical 218 $8.07 $1,759 Total Direct Labor $65,881 OVERHEAD COST (152.28 %) $100,323 Total Direct Labor and Overhead $166,204 NON -SALARY DIRECT COST Photographs $225 Postage $200 Toll Telephone Calls $400 Travel $536 Reproduction & Printing $2,715 CPT $190 $4,266 TOTAL COST $170,470 FIXED FEE $25,571 TOTAL COST PLUS FIXED FEE $196,041 0 EXHIBIT B Page 1 Project Project Manager Engineer EIT Drafter Clerical 46 Task Description Design 370 A. SECTION 2 14 48th Street to 19th Street. Approximate Station Limits 179+50 4 to 279+50 1. Station 177+50 to 256+00 4 12 -inch and 14 -inch water lines 2. Station 174+50 12 8 -inch water line 3. Station 174+45 8 8 -inch sanitary sewer 4. Station 184+45 to 189+36 4 4 -inch water line 5. Station 184+40 to 187+60 16 8 -inch sanitary sewer 6. Station 189+36 8 6 -inch water line 7. Station 190+95 to 194+20 16 4 -inch water line 8. Station 200+72 8 10 -inch water line 9. Station 197+55 to 202+50 8 4 -inch water line 10. Station 190+95 to 217+40 6 6 -inch sanitary sewer 11. Station 202+40 to 206+10 16 4 -inch water line 12. Station 202+40 to 206+10 6 -inch sanitary sewer 13. Station 204+09 6 -inch water line 14. Station 210+64 8 -inch water line Project Project Manager Engineer EIT Drafter Clerical 46 172 114 370 6 20 14 45 2 4 2 10 4 20 6 20 12 40 4 15 8 30 2 4 4 20 8 26 16 40 2 4 8 20 4 16 2 4 8 20 2 6 8 25 3 10 6 20 4 14 16 40 EXHIBIT C Page 1 of 4 .f 9 . EXHIBIT C Page 2 of 4 EIT Drafter Clerical Project Project 24 Task Description Manager Engineer 15. Station 223+35 8 10 - •d � 1 a •� Station 223+56 8 8 EXHIBIT C Page 2 of 4 EIT Drafter Clerical Project Project 24 Task Description Manager Engineer 15. Station 223+35 8 10 16 16 -inch water line 6 20 16. Station 223+56 8 8 16 30 -inch sanitary sewer 6 20 17. Station 224+00 to 235+30 4 4 6 -inch sanitary sewer 8 30 18. Station 224+30 to 236+93 4 -inch water line 4 8 19. Station 230+30 6 -inch water line 2 4 20. Station 236+93 to 246+00 8 -inch water line 4 8 21. Station 236+25 to 248+25 6 -inch sanitary sewer 4 8 22. Station 250+45 20 -inch sanitary sewer 5 16 23. Station 249+50 to 251+15 6 -inch sanitary sewer 1 4 24. Station 254+52 10 -inch water line 4 8 25. Station 249+25 to 261+00 6 -inch water line 2 26. Station 263+77 to 266+10 6 -inch sanitary sewer 2 4 27. Station 263+82 to 266+43 4 -inch water line 2 28. Station 264+23 12 -inch sanitary sewer 4 16 29. Station 264+29 6 -inch water line 6 18 30. Station 268+45 to 274+80 6 -inch sanitary sewer 4 EXHIBIT C Page 2 of 4 EIT Drafter Clerical .24 40 24 40 24 60 20 40 8 10 16 30 16 30 12 32 8 8 16 30 4 8 8 iD 4 4 30 12 36 10 16 � 1 � Subtotal- Design Bidding 1. Assist in advertisment for bids 2. Distribute plans 3. Conduct pre-bid conference 4. Questions and Addena 5. Open and tabulate bids 6. Return bid deposit Project Project Manager Engineer EIT Drafter Clerical 4 10 16 48 Task Description 31. Station 272+30 to 279+00 8 10 -inch water line 8. General Drawings 1. Location map 2. Cover sheet 3. Miscellaneous 4. Trench safety C. Traffic Control Plan D. Quantity Takeoffs and Construction 16 Cost Estimates E. Review with City F. Coordinate with Private Utilities G. Inventory existing facilities H. Quality Control I. Obtain State Health Department 16 Approval J. Write and type specifications K. Review and Coordinate with SDHPT Subtotal- Design Bidding 1. Assist in advertisment for bids 2. Distribute plans 3. Conduct pre-bid conference 4. Questions and Addena 5. Open and tabulate bids 6. Return bid deposit Project Project Manager Engineer EIT Drafter Clerical 4 10 16 48 54 10 88 8 2 32 12 120 24 2 40 60 4 16 32 16 4 16 16 16 8 60 120 24 16 16 40 4 2 4 40 40 16 ---------------------------------------------------------------------- 24 48 80 8 279 805 632 1578 66 2 4 2 2 4 16 12 52 4 12 2 EXHIBIT C Page 3 of 4 2 24 4 4 20 20 6 24 10 a i • EXHIBIT C Page 4 of 4 t „V Project Project Task Description Manager Engineer EIT Drafter Clerical 1. Recommend action on proposal to SDHP1 1 4 2 8. Recommend action on proposal to City 4 4 2 9. Assist in preparation of contract documents ---------------------------------------------------------------------- 12 12 Subtotal- Bidding 29 108 24 20 86 Construction 1. Preconstruction conference 4 8 4 2 2. Periodic site visits during Construction 208 52 8 3. Prepare pay estimates 96 48 36 4. Resolve problems during Construction 16 248 20 8 S. Prepare and Issue Routine Change Orders 4 24 8 32 4 6. Coordinate water line shut -down with City and Contractor and review shop drawings 8 80 20 6 1. Final inspection 4 16 8 2 ----------------------------------------------------------------------- Subtotal- Construction 36 680 160 32 66 TOTAL MANHOURS 344 1593 816 1630 218 EXHIBIT C Page 4 of 4 t „V