HomeMy WebLinkAboutResolution - 1523 - Contract - PSC Inc - Sanitary Sewer Study, 98Th Street - 11/10/1983RESOLUTION 1523 - 11/10/83
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RESOLUTION
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 and Parkhill, Smith, & Cooper, Inc.,
Engineers -Architects -Planners, for engineering services to be performed by said
engineering firm in connection with a study to be prepared of the sewer system
of the City of Lubbock in order to develop engineering data for major sanitary
sewer system facilities required to serve a strip along the south side of the
City in the vicinity of 98th Street, and a strip along the west side of the City
in the vicinity of Milwaukee Avenue, attached herewith, which shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 10th day of November ,1983.
A NRY,
ATTEST:
Evelyn Gdffgd, Citf S6,6 01ary
APPROVED AS TO CONTENT:
am Wahl, Director o
APPROVED AS TO FORM:
rig im, As
t
y Attorney
oV �p 193
N
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 The City of
Lubbock, Texas 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 have a study prepared of its sanitary sewer system in
order to develop engineering design data for major system facilities required
to serve a strip along the south side of the City in the vicinity of 98th
Street, and a strip along the west side of the City in the vicinity of
Milwaukee Avenue.
Such improvements are hereinafter called the Project.
F
e
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
Deleted
Section
XII
Addresses of Notices and Communications
Section
XIII
Section Captions
Section
XIV
Successors and Assignments
Exhibit
A
Deleted
Exhibit
B
Calculation of Compensation
For Engineering Services
PAGE
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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
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SECTION II
CHARACTER AND EXTENT OF SERVICES
A. PRELIMINARY PHASE
Upon execution of this Agreement, authorization is hereby given to
proceed with the Preliminary Phase.
Major work items to be included in the Preliminary Phase study are
listed below, and are described in the Parkhill, Smith, and Cooper, Inc., pro-
posal titled "Proposal Submitted to the City of Lubbock for a Sanitary Sewer
Study," dated September, 1983.
1." Meet with City of Lubbock Engineering Department and Water Utilities
Department staff to review project and to review existing data per-
tinent to study. Review existing data in Parkhill, Smith & Cooper,
Inc.'s, files.
2. Meet with City of Lubbock Planning Department staff to obtain input
regarding existing and proposed land uses and population projections
in the study area.
3. Develop unit flow factors, i.e., per capita flow for residential,
per acre flow for industrial/commercial, or other appropriate
figures, and develop peaking factors.
4. Prepare flow projections (peak, average and minimum) for small areas
within the study area, and accumulated flows for upstream to
downstream traverse through the study area. Prepare data for com-
puter entry to allow computer projection of flows.
5. Evaluate existing facilities as are pertinent to facilities proposed
in this study. This would include existing pump stations that could
be eliminated through construction of improvements proposed in this
study, the feasibility of serving portion of area along Thirty -
Fourth Street inside- loop in order to reduce load on existing
Thirty -Fourth Street interceptor, and the load on the twenty-four
B.
inch interceptor that heads north from Eighty -Second Street between
Indiana Avenue and Quaker Avenue. Prepare data for computer entry
to allow computer evaluation of existing facilities.
6. Determine facilities required to serve the study area, including, at
least, an evaluation of the four alternates listed in the City's
Request for Proposal. Prepare data and enter into computer for
selection of required facilities.
7. Prepare construction cost estimates for all alternates considered.
8. Consult with Lubbock Power and Light regarding projected power costs
and determine present worth of 30 -year power costs for those alter-
nates which include pump stations. The computer will be used to
determine present worth of future power costs.
9. Review construction costs, present worth of power costs and advan-
tages and disadvantages of alternates considered. Select recom-
mended improvements to serve the study area.
10. Review data and recommendations with the City Water Utilities
Department staff and revise as determined appropriate.
11. Prepare preliminary report.
12. Review preliminary report with City Water Utilities Department staff
and other City staff as appropriate.
13. Prepare and submit twenty-five copies final report to the City.
the
shall:
DESIGN PHASE
After written authorization to proceed with the Design Phase on
basis of accepted preliminary design documents, the Engineer
(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
II - 2
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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
principles.
(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
II - 3
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of bidding. The Engineer shall not be required to
guarantee the accuracy of these estimates.
(6) Furnish to the Owner all necessary copies of
approved contract documents including notices to
bidders and proposals. All sets of Plans and
Specifications in excess of five are to be paid
for separately under Section VII (14).
C. BIDDING PHASE
After written authorization to proceed with 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 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.
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(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 informed of the extent of the
progress of the work, and advise the Owner of mater-
ial and substantial defects and deficiencies in the
work.
(3) Consult and advise with the Owner; make recommen-
dations to the Owner regarding materials and
workmanship; and prepare and issue change orders
with Owner's approval. Routine change orders, such
as substitution of material or equipment and exten-
sion of time are considered a part of the Basic
Service, therefore no extra charge will be made for
these services. However, change orders requested by
the Owner, or made necessary by changed site
conditions, shall be considered special services and
II - 5
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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 Represents-
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
II - 6
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
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, a final inspec-
tion of the Project for compliance with the Contract
Documents and make recommendations to the Owner
regarding completion of the Project.
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(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 - 8
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SECTION III
AUTHORIZATION OF SERVICES
The Engineer shall be authorized to proceed with Preliminary Phase ser-
vices for the Project upon execution of this Agreement. The Owner's written
authorization shall be obtained prior to proceeding with each subsequent phase
of services.
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.
If the Engineer's services for design or during construction of the
Project are delayed or suspended in whole or in part by Owner for more than
three months for reasons beyond Engineer's control, Engineer shall on written
request to Owner (but without termination of this Agreement) be paid for ser-
vices performed to date as provided in Section X for the services delayed or
suspended. If such delay or suspension extends for more than one year for
reasons beyond Engineer's control, or if Engineer for any reason is required
to render services after December 31, 1984 , the various rates of
compensation provided for elsewhere in this Agreement shall be subject to
renegotiation.
It is agreed that authorization to proceed with the Preliminary Phase
study is given upon execution of this Agreement. The Preliminary Phase study
shall be completed within 120 calendar days.
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
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
(S) 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, reproduction and blueprinting incident to
obtaining bids or proposals from contractors.
(7) Provide such legal, accounting, independent cost
estimating and insurance counseling services as may
be required for the Project and such auditing 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
(11) Furnish, or direct Engineer to provide, necessary
Additional Services as stipulated in Section VII of
this Agreement or other services as required.
(12) Bear all costs incident to compliance with the
requirements of this Section V.
V - 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 30 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 1 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. 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 ter-
minated by the Owner and recover compensation as provided by Section X of this
Agreement.
A. PRELIMINARY PHASE
Payment for services in the Preliminary Phase shall be made to the
Engineer in a fixed sum amount of Forty -One Thousand One Hundred Thirty -Five
dollars ($41,135).
Partial payments for services in the Preliminary Phase shall be made
monthly in proportion to that part of the services in the Preliminary Phase
which has been accomplished, as evidenced by monthly statements submitted by
the Engineer to the Owner. Final payment for services in the Preliminary
Phase shall be payable upon submission to the Owner of the required report,
sketches, and estimates, and upon his acceptance, which shall be within 30
days after submission.
VI -1
B. DESIGN PHASE
The City of Lubbock proposes to perform Design Phase services using in-
house design capabilities.
C. BIDDING PHASE
The City of Lubbock proposes to furnish Bidding Phase services using in-
house capabilities.
D. CONSTRUCTION PHASE
The City of Lubbock proposes to furnish Construction Phase services
using in-house capabilities.
E. SUMMARY OF ENGINEERING COSTS
1. Basic Services $41,135
2. Additional Services
(a) Printing - See Section VII for
Basis of Compensation) 250 (Estimated)
(b) Test Holes to Locate Rock Strata
along Routes - See Section VII
for Basis of Compensation 14,524 (Estimated)
TOTAL $55,909
VI -2
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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.
(1)
(2)
(3)
(4)
SERVICE
Field Surveys to collect in-
formation required for design
including photogrammetry, and
related office computations
and drafting.
Studies, tests and process
determinations to establish
basis of design for water and
waste treatment facilities.
Services of a Resident Pro-
ject Representative and
-other field personnel, as re-
quired, for on -the -site ob-
servation of construction
and for construction lay-
out surveys.
Land surveys, and establish-
ment of boundaries and monu-
ments, and related office
computations and drafting.
(5) Preparation of property or
easement descriptions.
(6) Preparation of any special
reports required for market-
ing of bonds.
(7) Small design assignments
(estimated construction cost
less than $100,000).
VII - 1
BASIS OF COMPENSATION
Salary cost times a multiplier
of 2.00. Reimbursement for
direct non -labor expense and
subcontract expense at invoice
cost plus a 15 percent ser-
vice charge.
.Salary cost times a multiplier
of 2.00. Reimbursement for
direct non -labor expense and
subcontract expense at invoice
cost plus a 15 percent ser-
vice charge.
Salary cost times a multiplier
of 2.00. Reimbursement for
direct non -labor expense and
subcontract expense at invoice
cost plus a 15 percent ser-
vice charge.
Salary cost times a multiplier
of 2.00. Reimbursement for
direct non -labor expense and
subcontract expense aL invoice
cost plus a 15 percent ser-
vice charge.
Salary cost times a multiplier
of 2.00. Reimbursement for
direct non -labor expense plus
a 15 percent service charge.
Salary cost times a multiplier
of 2.00. Reimbursement for
direct non -labor expense plus
a 15 percent service charge.
Salary cost times a multiplier
of 2.00. Reimbursement for
direct non -labor expense plus
a 15 percent service charge.
(8) Appearance before regula-
tory agencies.
(9)
(10)
Assistance to the Owner as
an expert witness in any
litigation with third part -
ties arising from the deve-
lopment or construction of
the Project including prepara-
tion of engineering data and
reports.
Special investigations in-
volving detailed considera-
tion of operation, maintenance
and overhead expenses; prepara-
tion of rate schedules, earn-
ings and expense statements;
special feasibility studies;
appraisals; valuations; and
material audits or inventories
required for certification of
force account construction
performed by the Owner.
Soil and foundation investiga-
tions, 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.
VII - 2
Salary cost times a multiplier
of 2.00. Reimbursement for
direct non -labor expense plus
a 15 percent service charge.
$500.00 per diem for each day,
or part, thereof, in which
Engineer's presence as an ex-
pert witness is required by
Owner. Time for preparation
of engineering data and re-
ports: salary cost times a
multiplier of 2.00 and reim-
bursement for direct non -
labor expense plus a 15
percent service charge.
Salary cost times a multiplier
of 2.00. Reimbursement for
direct non -labor expense plus
a 15 percent service charge.
(a) Furnished by the Owner, or
(b) By Engineer 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.
(a) Furnished by the Owner, or
(b) By Engineer 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.
Cost of travel and living ex-
penses plus a 15 percent ser-
vice charge.
(14) Additional copies of
reports over five copies;
additional sets of con-
tract documents over five
copies; and additional
blueprint copies of draw-
ings over five copies.
(15) Preparation of applications
and supporting documents
for government grants, plan-
ning advances or to meet
the requirements of special
programs of the Federal
government.
Salary cost times a multiplier
of 2.00. Reimbursement of
direct non -labor expense and
subcontract expense at invoice
cost plus 15 percent ser-
vice charge.
Salary cost times a multiplier
of 2.00. Reimbursement for
direct non -labor expense at
invoice cost plus 15 percent
service charge.
(16) Preparation of environmental Salary cost times a multiplier
statements and assistance of 2.00. Reimbursement for
to Owner in preparing for, direct non -labor expense at
and attending public hearings. invoice cost plus a 15 per-
cent service charge.
(17) Plotting, computing, and
filing plats of subdivisions;
staking of lots; and related
land planning and partition-
ing functions.
(18) Revisions to contract draw-
ings to provide record draw-
ings of the completed con-
tract.
(19) Service after issuance of
Certificate of Completion.
(20) Services to investigate
existing conditions or
facilities or to make
measured drawings thereof,
or to verify accuracy of
drawings or other infor-
mation furnished by Owner.
(21) Preparation of operating
instructions and manuals
for facilities and train-
ing of personnel and assis-
tance in operation of
facilities.
VII - 3
Salary cost times a multiplier
of 2.00. Reimbursement for
direct non -labor expense at
invoice cost plus a 15 per-
cent service charge.
Salary cost times a multiplier
of 2.00. Reimbursement for
direct non -labor expense at
invoice cost plus a 15 per-
cent service charge.
Salary cost times a multiplier
of 2.00. Reimbursement for
direct non -labor expense at
invoice cost plus a 15 per-
cent service charge.
Salary cost times a multiplier
of 2.00. Reimbursement for
direct non -labor expense at
invoice cost plus a 15 percent
service charge.
Salary cost times a multiplier
of 2.00. Reimbursement for
direct non -labor expenses plus
a 15 percent service charge.
(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 docu-
ments for out -of -sequence
work.
(24) Services in connection
with change orders to re-
flect changes requested by
the Owner, and services
resulting from significant
delays, changes or price
increases occurring as a
direct or indirect result
of material, equipment or
energy shortage.
(25) Any other special or mis-
cellaneous assignment speci-
fically authorized by Owner.
Salary cost times'a multiplier
of 2.00. Reimbursement for
direct non -labor expense plus
a 15 percent service charge.
Salary cost times a multiplier
of 2.00. -Reimbursement for
direct non -labor expense plus
a 15 percent service charge.
Salary cost times a multiplier
of 2.00. Reimbursement for
direct non -labor expense plus
a 15 percent service charge.
Salary cost times a multiplier
of 2.00. Reimbursement for
direct non -labor expense plus
a 15 percent service charge.
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 services not included in Basic
Charges will be made monthly, by the Owner, upon presentation of monthly sta-
tements by the Engineer for such services. "Salary cost" is defined as the
cost of salaries (including sick leave, vacation, holiday and incentive pay
applicable thereto) of engineers, technicians, draftsmen, stenographers,
surveymen, clerks, etc., for time directly chargeable to the Project, plus
Social Security contributions, unemployment, excise and payroll taxes,
employment compensation insurance, retirement benefits, and medical and
insurance benefits applicable thereto.
Reimbursable expenses are defined as actual expenses incurred directly
or indirectly in connection with the Project for: transportation and
subsistence; toll telephone charges; reproduction; surveying; computer time;
subsurface testing; soil testing and services of outside consultants.
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.
• 4 •
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 Engineer. The Engineer shall furnish to the Owner one set of prints of
the original drawings printed on Mylar (or equal) film. Compensation for the
Mylar prints is not a part of the Basic Charge. The compensation shall be
determined in accordance with the schedule for Special Services in Section VII.
It is agreed the Owner will use the prints solely in connection with the
Project, save with the express consent of the Engineer.
SECTION X
TERMINATION
Either party to this Agreement may terminate the Agreement by giving to
the other seven days notice in writing. Upon delivery of such notice by the
Owner to the Engineer, and upon expiration of the seven-day period, the
Engineer shall discontinue all services in connection with the performance of
this Agreement and shall proceed to cancel promptly all existing orders and
contracts insofar as such orders or contracts are chargeable to this
Agreement. As soon as practicable after receipt of notice of termination, the
Engineer shall submit a statement, showing in detail the services performed
under this Agreement to the date of termination. The Owner shall then pay the
Engineer promptly that proportion of the prescribed charges which the services
actually performed under this Agreement bear to the total services called for
under this Agreement, less such payments on account of the charges as have
been previously made. Copies of all completed or partially completed designs,
plans and specifications prepared under this Agreement shall be delivered to
the Owner when and if this Agreement is terminated, but subject to the
restrictions, as to their use, as set forth in Section IX. -
X - 1
SECTION 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:
Samuel W. Wahl, P.E.
Director of Water Utilities
P. 0. Box 2000
Lubbock, Texas 79457
XII - 1
t
SECTION XIII
OQGII1VN %jArILUVA
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 2 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
Aoml'- -day of , /�:o
OWNER:
CITY OF LUBBOCK, TEXAS
By // e_x,-
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
OVA
City Attorney
XIV - 1
ENGINEER:
PARKHILL, SMITH & COOPER, INC.
By
H. Benn tt Reaves, President
•
EXHIBIT B
CALCULATION OF COMPENSATION
FOR ENGINEERING SERVICES
NINETY-EIGHTH STREET SEWER STUDY
CITY OF LUBBOCK, TEXAS
OCTOBER 1983
Description of Project
The project involves a preliminary engineering study to determine new
sanitary sewer facilities required to serve strips along the south and
west sides of currently sewered areas in the City. Some examination
of existing facilities will need to be made in order to evaluate the
feasibility of abandoning certain lift stations and relieving portions
of certain interceptors.
Work Items and Man Hour Requirements
Work items that will be required to complete the study along with
estimated man-hour requirements are presented on the following page.
The estimated man-hours shown are slightly higher than the estimated
man-hours that were included in the proposal for the study. The
increase in man-hours results from a discussion of the project with
Water Resources Department personnel which identified certain existing
facilities that need to be included in the study, but which were not
included when proposal man-hours were developed; one specific area
includes the western portion of the area served by the Thirty -Fourth
Street interceptor.
Calculation of Compensation
Certain information or assumptions used in developing compensation for
engineering services is listed below.
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B-2
1. Major portion of work on project is expected to be performed
from December 1983 through February 1984, inclusive.
2. Hourly wage rates during course of project are expected to
average approximately four percent above existing wage rates
due to merit raises and cost of living increases.
3. Combined overhead rate will be approximately 125 percent.
Cost data for the project and the method used to develop a fee for the
project are shown below.
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B-3
BASIC SERVICES
Salary Cost
Hourly
Class Man -Hours Rate
Salary
Firm Principal 76 $25.57
$ 1,943
Project Manager 172 $22.36
3,846
Design Engineer 226 $15.85
3,582
Engineer -In -Training 206 $12.04
2,480
Draftsman 140 $11.36
1,590
Clerical 88 $ 8.85
779
Total Salaries
$14,220
Combined Overhead (1.25 x Salaries)
17,775
Subtotal
$31,995
$31,995
Travel
Estimate 500 miles of travel to examine
project site and meet with City staff.
500 miles @ $0.28
140
Printing
Printing five copies of report. Miscellaneous
printing of work prints, proof copies of report,
and correspondence. Purchasing reproducibles of
aerial photographs for use in report preparation.
600
Postage and Miscellaneous
200
Subtotal - Estimated Cost
$32,935
Profit and Contingencies
8,200
TOTAL FIXED FEE - BASIC SERVICES
$41,135
B-4
♦ i •
ADDITIONAL SERVICES
Printing
Printing copies of report in excess of five
provided in.basic services.
$ 250
Testing
Test holes are to be drilled along route of
sewer line to locate rock strata. Route is
approximately 13 miles long. Assume 30 test
holes, 30 feet deep, and 4 holes per day.
Drilling Cost
30 Holes (30 feet/hole).($19.25/foot).= $
9,225
8 Days Mobilization @ $50.00/day
400
$
9,625
Service Charge
1,444
$11,069
11,069
Staking Hole Locations
3 Days Surveying for 2 man party
@ $400/day _ $
1,200
100 Miles @ $0.30/mile
30
$
1,230
Service Charge
185
$
1,415
1,415
Coordination Cost - Cost of developing testing
program, coordinating testing, and reviewing
results
Salary Cost
Est. Hourly
Salary Plus
Class Man -Hours Rate Salary
Salary OH
Firm Prin. 4 $25.57 $102
$ 143
Proj. Mgr. 8 $22.36 179
251
Dsgn. Engr. 16 $15.85 254
356
Engr.-In-Train. 16 $12.04 193
270
$1,020
Salary Cost Times Multiplier of 2.00
$2,040
2,040
TOTAL ESTIMATED ADDITIONAL COSTS - PRINTING
AND TESTING
$14,774
B-5