HomeMy WebLinkAboutResolution - 1573 - Agreement - PSC Inc - Sewer & Water Lines Relocations, I27 Project - 02/09/1984Wyj
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RESOLUTION
RESOLUTION 1573 2/9/84
WHEREAS, the City Council deems it advisable 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 Transporta-
tion in connection with the construction of Interstate Highway 27 through
the City of Lubbock for the Spur 326 and Broadway underpass areas of the
Project, and this creates a need for a Consulting Engineer Service Contract
to be entered into by and between the City of Lubbock and Parkhill Smith &
Cooper, Inc., Engineers -Architects -Planners; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of the City of Lubbock the Contract
referred to in the preamble hereof, which Contract is attached herewith and
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 Reso-
lution as if fully copied herein in detail.
Passed by the City Council this 9th day of February , 1984.
ALAN HENRY, 44AYOD
ATTEST:
Evelyn Giffga, CityUw�'q�tary-Treasurer
APPROVED AS TO CONTENT(::
.41/ 1. it / _ // A'—) di
Wilf6V D. Watson, Chief Engineer
Water Ctilities
APPROVED AS TO FORM:
(J t Za
J. W r h Fullingim, Assistant City torney
a9 19�� AGREEMENT
F�
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 hereinaftet' called the "Owner," and PARKHILL, SMITH A
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:
SPUR 326
Harvard Street north to North Loop
289.
Approximate
Station Limits 298+50
to 430+00.
1.
Station
421+07
to
426+15
6 -inch
water line
2.
Station
421+07
8 -inch
water line
3.
Station
417+50
to
431+00
8 -inch
water line
4.
Station
422+44
8 -inch
sanitary sewer
5.
Station
422+44
to
426+23
6 -inch
sanitary sewer
,6.
Station
420+65
to
422+44
6 -inch
sanitary sewer
7.
Station
416+80
to
418+05
6 -inch
sanitary sewer
8.
Station
403+42
to
409+25
24 -inch sanitary sewer
BROADWAY UNDERPASS
Broadway from Avenue A, U.S. 87, west to Avenue E.
Approximate Station Limits 305+00 to 302+46.
1. Station 304+53 24 -inch water line
2. Station 304+60 6 -inch water line
3. Station 302+43 to 306+00 6 -inch sanitary sewer between Avenue
E and Avenue D
4. Station 304+45 6 -inch water line
5. Station 302+47 to 306+00 6 -inch sanitary sewer between Avenue
A and Avenue B
6. Station 304+45 6 -inch water line
7. Station 303+50 to 304+70 16 -inch water line
PAGE
loth
CONTRACTUAL UNDERTAKINGS
SECTION
TITLE
Section
I
Employment of Engineer
Section
II
Character and Extent of Services
Section
III
Authorization of Services
Section
IV
Period of Service
Section
V
Owner's Responsibilities
Section
VI
The Engineer's Basic Compensation
Section
VII
Special Assignments and Services Not
Included in Basic Compensation
Section
VIII
Revision to Drawings and Specifications
Section
IX
Ownership of Documents
Section
X
Termination
Section
XI
General Requirements
Section
XII
Addresses of Notices and Communications
Section
XIII
Section Captions
Section
XIV
Successors and Assignments
Exhibit
A
Duties, Responsibilities and Limitation
of the Authority of the Resident Project
Representative
Exhibit
B
Fee Proposal Summary/Project Manhour Require-
ments
PAGE
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
.
SECTION II
CHARACTER AND EXTENT OF SERVICES
A. PRELIMINARY PHASE
Written authorization shall be given to proceed with the Preliminary
Phase on each project as it is authorized by the State Department of Highways
and Public Transportation. 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
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 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-
II - 2
ciples and shall be coordinated with the Texas State
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
After written authorization to proceed with the Bidding Phase on each
project, 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 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 pro-
ceeding 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 the
safety precautions incident thereto, and he will not
be responsible or liable in any degree for the
contractors' 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 and State Department of Highways
and Public Transportation informed of the extent of
the progress of the work, and advise the Owner of
material and substantial defects and deficiencies
in the work. The SDHPT Engineer or designated
representative shall coordinate directly with the
Owner and Engineer regarding construction and safety
measures used in the adjustment and relocation of
utilities.
(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
II - 4
change orders with Owner's and State Department of
Highways and Public Transportation's approval.
Routine change orders, such as substitution of
material or equipment and extension of time are con-
sidered a part of the Basic Service, therefore 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) If specifically authorized by Owner in writing, fur-
nish the services of Resident Project Representa-
tives 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 Repre-_-.—.
sentative is not a part of the Engineer's basic
services, and compensation therefor is not included
in the Basic Charge; if provided, 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 fin-
dings 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 per-
form their required duties. It is agreed, however,
that the Engineer does not underwrite, guarantee or
insure the 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 contrac-
tors shall not relieve the contractor for liability
therefor or subject the Engineer to any liability
for any such defect or deficiencies.
(5) 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.
(6) 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-
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
II 6
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 equipment
has passed to Owner free and clear of any lien,
claims, security interests or encumbrances.
(7) 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.
Mylar prints of the revised contract drawings shall
be furnished the Owner as specified in Section IX.
II - 7
SECTION III
AUTHORIZATION OF SERVICES
The Engineer shall obtain written authorization to proceed with
Preliminary 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 except the Design Phase which is included with the Preliminary Phase.
t t • �t • 1 4 a
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 Transportation 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
• r r ,
'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
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 ser-
vices.
(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.
V - 1
(5) Examine all studies, reports, sketches, drawings,
specifications, proposals and other documents pre-
sented by Engineer, obtain advice of an attorney,
insurance counselor and other consultants as he
deems appropriate for such examination and render in
writing decisions pertaining thereto within a rea-
sonable 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 ser-
vice 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
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.
v - 2
V..`
(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
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 XI 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, 1983, the factor is 124.08%. 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.
c. Costs of subcontracts shall be reimbursed at actual costs to
the Engineer for all services provided on the Project by
' approved subcontractors plus 115 percent.
The total cost, including salary cost, overhead, non -salary cost and
fixed fee shall not exceed $63,172.00.
A summary of the fee proposal is attached as Exhibit B.
The fee is based on the salary schedule in effect January 1, 1984. 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
303.5
where c = Consumer Price Index - U.S. Average published by the
Department.of Labor
303.5 = Consumer Price Index - U.S. Average December 31, 1983
This calculation 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
lay -out 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
a a •
(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
(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
$68.25
per
hour
Project Engineer
$60.00
per
hour
Design Engineer
$42.50
per
hour
Engineer -in -Training
$34.65
per
hour -
Chief Drafter
$33.60
per
hour
Drafter
$24.15
per
hour
Clerical
$21.50
per
hour
Resident Project Representative
$31.50
per
hour
The above schedule shall be renegotiated for
any
Special Assignments
required after December 31, 1984.
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
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 2.00, and reimbursement
for direct non -labor expense and subcontract expense at invoice cost plus a 15
percent service charge.
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.
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 isterminated, but subject to the
restrictions, as to their use, as set forth in Section IX.
X-1'
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
XI - 1
XI - 2
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
r 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
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.
R. INTEREST OF OTHERLOCALPUBLIC 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
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
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
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 Vice -President shown below, and on behalf of
Owner by its M1 Y®R (thereunto duly authorized) this
,�. day of
OWNER: ENGINEER:
CITY OF LUBBOCK, TEXAS PARKHILL, SMITH & COOPER, INC.
By ✓ By, LLA-4e.l"w
ayor Vice -P es'dent
ATTEST:
City Ser a
XIV - 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
EXHIBIT A
Page 1 of 5
various local agencies having jurisdiction over the
Project in order to complete service connections to
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.
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 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.
EXHIBIT A
Page 2 of 5'
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.
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.
EXHIBIT A
Page 3 of 5
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
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.
EXHIBIT A
Page 4 of 5
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 5 of 5
DIRECT LABOR
uy f
FEE PROPOSAL SUMMARY
Category
Hours x
Rate
Cost
Project Manager
95
$24.50
$ 2,328
Project/Design Engineer
701
$17.-15
12,022
Engineer -In -Training
114
$12.20
1,391
Drafter
608
$ 8.60
5,229
Typist/Clerical
284
$ 7.60
2,158
Total
Direct Labor
$23,128
OVERHEAD COST (124.08X)
28,697
Total
Direct Labor
and Overhead
$51,825
NON -SALARY DIRECT COST
Telephone Toll Calls
$ 174
Travel
107
Reproduction & Printing
2,272
CPT
554
3,107
TOTAL COST,..
$54,932
FIXED FEE
8,240
TOTAL COST PLUS FIXED FEE-
$63,172
LI
PROJECT MANNOUR REQUIREMENTS ,
PROJECT: SPUR 326
HOURS
Project Project Engineer -in Typist/
Task Description Manager Engineer Training Drafter Clerical
Design
1. Station 421+07 to 426+15
6 -inch water line
2. Station 421+07
8 -inch water line
3. Station 417+50 to 431+00
8 -inch water line
4. Station 422+44
8 -inch sanitary sewer
5. Station 422+44 to 426+23
6 -inch sanitary sewer
6. Station 420+65 to 422+44
6 -inch sanitary sewer
7. Station 416+80 to 418+05
6 -inch sanitary sewer
8. Station 403+42 to 409+25
24 -inch sanitary sewer
9. Prepare detail sheets
10. Location map
11. Cover sheet
12. Review with City
13. Coordinate with HDR
14. Quality control
15. Obtain State Health Depart-
ment approval
16. Write and type specifications
17. Review with SDHPT
TOTAL
Bidding
1. Assist in advertisment for bids
2. Distribute plans
3. Conduct pre-bid conference
4. Open and tabulate bids
5. Return bid deposits
6. Recommend action on proposal
to SDHPT
7. Recommend action on proposal
to City
S. Assist in preparation of con-
tract documents
TOTAL
3 32
16
80
1 8
2
20
2 12
8
36
4 40
8
80
2
8
12
20
4 4
12
2
8 8
8
1 6
8
32
2
g
2
4 40
40
4 4
8
2
31 170_
50
304
46
2 4
2
2 2
24
16
4
4 4
24
2
10
4
4 4
12
12
12 48
76
EXHIBIT B
Page 2 of 6
EXHIBIT B
Page 3 of 6
ro
r X
PROJECT: SPUR 326 - Continued
HOURS
Project
Project
Engineer -in Typist/
Task Description
Manager
Engineer
Training Drafter Clerical
Construction
1. Preconstruction conference
1
4
2
2. Periodic site visits during
construction
24
3. Review pay estimates
18
12
4. Resolve problems during con-
struction due to uncertainty
of underground water and
sewer lines
24
5. Coordinate water line shut -down
with City and Contractor and
review shop drawings
3
33
4
6. Final inspection
4
4
2
TOTAL
8
107
gn
EXHIBIT B
Page 3 of 6
EXHIBIT B
Page 4 -of 6
PROJECT: BROADWAY UNDERPASS
HOURS
Project
Project
Engineer -in
Typist/
Task Description
Manager
Engineer
Training
Drafter
Clerical
Design
1. Station 304+53
7
80
32
120
24 -inch water line
2. Station 304+60
6 -inch water line
3. Station 302+43 to 306+00
6 -inch sanitary sewer
between Avenue A and
Avenue D
4. Station 304+45
6 -inch water line
5. Station 302+47 to 306+00
6 -inch sanitary sewer
between Avenue A and
Avenue B
6. Station 304+45
6 -inch water line
7. Station 303+50 to 304+70
16 -inch water line
7
80
32
120
8. Prepare detail sheets
20
40
9. Location map
2
12
10. Cover sheet
2
12
11. Review with City
4
2
12. Coordinate with HDR
4
4
2
13. Write and type specifications
2
25
40
14. Review with SDHPT
4
4
2
TOTAL
24
221
64
304
46
Bidding
1. Assist in advertisment for bids
2
4
2
2. Distribute plans
2
2
24
3. Conduct pre-bid conference
16
4
4. Open and tabulate bids
4
4
24
5. Return bid deposits
2
10
6. Recommend action on proposal
to SDHPT
4
7. Recommend action on proposal
to City
4-
4
8. Assist in preparation of con-
tract documents
12
12
TOTAL
12
48
76
EXHIBIT B
Page 4 -of 6
PROJECT: BROADWAY UNDERPASS — Continued
HOURS
Project
Project
Engineer -in Typist/
Task Description
Manager
Engineer
Training Drafter Clerical
Construction
1.
Preconstruction conference
1
4
2
2.
Periodic site visits during
construction
24
3.
Review pay estimates
18
12
4.
Resolve problems during con-
struction due to uncertainty
of underground water and
sewer lines
24
5.
Coordinate water line shut -down
with City and Contractor and
review shop drawings
3
33
4
b.
Final inspection
4
4
2
TOTAL
8
107
20
EXHIBIT B
Page 6 jof 6
SUMMARY
OF MANHOURS
HOURS
Project
Project
Engineer -in
Typist/
Project
Manager
Enjineer
i
Training
Drafter
Clerical
Spur 326
51
325
50
304
142
Broadway Underpass
44
376
64
304
142
TOTAL
95
701
114
608
284
EXHIBIT B
Page 6 jof 6
CERTIFICATION OF CONSULTANT
I hereby certify that I am the President and duly authorized representa-
tive of the firm of Parkhill, Smith & Cooper, Inc., whose address is 4010
Avenue R, Lubbock, Texas 79412, and
That, except_as expressly stated and described: herein, neither I nor
the firm of Parkhill, Smith & Cooper, Inc. has, in connection with its contract
with the City of Lubbock, Texas, entered into pursuant to provisions of an
agreement between the aforementioned City of Lubbock, Texas and the State
of Texas, as a part of Federal -aid project Interstate Highway 27 through
the City of Lubbock.
(a) employed or retained for a commission, percentage, brokerage,
contingent fee, or other consideration, any firm, company, or person, other
than -a bona fide employee working solely for me or the aforementioned firm,
to solicit or secure the contract, or
(b) agreed, as an express or implied condition for obtaining the award
of the contract, to employ or retain the services of any firm, company; or
person in connection with the carrying out of the contract, or
(c) paid, or agreed to pay, to any firm, company, organization, or
person, other than a bona fide employee working solely for me or the afore-
mentioned firm, any fee, contribution, donation, or consideration of any
kind for, or in connection with, procuring or carrying out the contract.
I acknowledge than this certificate is to be furnished to the State
highway department and the Federal Highway Administration, U.H. Department
of Transportation, in connection with the aforementioned project involving
participation of Federal -aid highway funds, and is subject to applicable
State and Federal laws, both criminal and civil.
Dkte H. B nnett Reave , President
4010 AVENUE R LUBBOCK, TEXAS 79412 PHONE 806.747.0161
ATCHESON, CARTWRIGHT & ASSOCIATES MEMBERS A.I.A. AFFILIATES