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HomeMy WebLinkAboutResolution - 2021-R0106 - Environmental Services Cooperative Agreement with the USAF 3.23.2021Resolution No. 2021-R0106 Item No. 6.4.1 March 23, 2021 RESOLUTION 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, an Environmental Services Cooperative Agreement for Design, Bidding, Construction and Management Services, by and between the City of Lubbock and the United States of America, by and through the United States Air Force, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on March 23, 2021 DANIEL M. POPE, MAYOR ATTEST: A�)-Jdo Jt-r' /�� - Rebe ca Garza, City Secre a APPROVED AS TO CONTENT: c--,-\ � 2 -) Jesica Mc chern, ssistant City Manager APPROVED AS TO FORM: Amy im , eputy City Attorney vw:ccdocs/RES. Environmental Services USAF Resolution No. 2021-R0106 ENVIRONMENTAL SERVICES COOPERATIVE AGREEMENT for DESIGN, BIDDING, CONSTRUCTION AND MANAGEMENT SERVICES between THE UNITED STATES OF AMERICA and CITY OF LUBBOCK, TEXAS THIS ENVIRONMENTAL SERVICES COOPERATIVE AGREEMENT for DESIGN, BIDDING, CONSTRUCTION AND MANAGEMENT SERVICES ( this "ESCA") is made as of the 23rd day of March , 2021 (the "Effective Date") by and between the UNITED STATES OF AMERICA, acting by and through the SECRETARY OF THE AIR FORCE ("Air Force"), and the CITY OF LUBBOCK, TEXAS ("City"). The Air Force and City sometimes are referred to in this ESCA individually as a "Party" and collectively as the "Parties." RECITALS A. In November 2017 the Air Force began private and public well sampling to evaluate whether perfluorooctane sulfonate acid ("PFOS"), perfluorooctanoic acid ("PFOA"), and other synthetic fluorinated organic compounds (PFOS, PFOA and the other synthetic fluorinated organic compounds are collectively referred herein as "PFAS") were present at levels exceeding (i) the Lifetime Health Advisory ("HA") levels of 70 parts per trillion for PFOS and PFOA in drinking water established by the United States Environmental Protection Agency ("EPA") and/or (ii) the Texas Commission on Environmental Quality Reese AFB / Environmental Services cooperative Agreement (01-20-21 Final) Page 1 ("TCEW) published Protective Concentration Levels for ("PCLs") requirements for 16 PFAS, including PFOS and PFOA, under the Texas Risk Reduction Program rule ("TRRP PCLs"). B. Of the more than 500 drinking water wells that were sampled, 231 private wells and three public wells exceeded the HAs and/or TRRP PCLs. C. The Air Force immediately provided affected residents with bottled water and thereafter installed a whole -home drinking water treatment system at each of the homes. D. The Air Force identified and evaluated potential long-term drinking water alternatives for the affected homes, including access -to public drinking water sources. E. While approximately 80 of the homes are within the service area of the City Water Utilities Department, its water mains currently do not extend to the areas where the affected homes are located ("Affected Areas"). F. The Air Force cannot offer to connect the affected homes to City water until the water mains are extended into the Affected Areas. G. The Defense- Environmental Restoration Act, 10 U.S.C. §2701(d)', authorizes the Air Force to enter into agreements with a local governmental agency, such as the City, to obtain services to carry out the responsibilities of the Air Force for certain environmental response activities. H. The Air Force has requested that the City extend its water mains to the Affected Areas ("Project"), at Air Force expense, which will enable the Air Force to offer to connect homes in Affected Areas to City water. Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Page 2 I. The Air Force has allocated $8,097,750.35 ("Air Force Funding Obligation") to pay the City for completion of the Project. J. The Parties are entering into this ESCA to memorialize their respective obligations and other terms and conditions relating to the Project. ARTICLE I ESCA PURPOSE, SCOPE AND TERM SECTION 1.01. Purpose. The purpose of this ESCA is to obtain services from the City related to the extension of City water mains to the Affected Areas in furtherance of certain environmental responsibilities of the Air Force. SECTION 1.02. Scope. The scope of this ESCA consists of the Project Work. As used herein, "Project Work" means: (a) the scope of services performed by the Consulting Engineer (as defined in Section 2.01.A below) pursuant to the Consulting Engineer Contract (as defined in Section 2.01.D below); (b) the scope of services performed by the Construction Contractor (as defined in Section 2.02.13 below) pursuant to the Construction Contract (as defined in Section 2.02.13 below); (c) the scope of services performed pursuant to a contract executed by the City in furtherance of completion of the Project other than the Consulting Engineer Contract and the Construction Contract; and Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Page 3 (d) work performed by a City employee in furtherance of completion of the Project (i) for which the City receives compensation from third parties when performed by a City employee in connection with infrastructure extension projects similar to the Project; or (ii) that typically is performed by or for third parties at their expense in connection with infrastructure extension projects similar to the Project. SECTION 1.03. ESCA Term. The term of this ESCA ("ESCA Term") shall (a) commence on the Effective Date, and (b) terminate on the first to occur of (i) the date on which the City delivers any residual balance in the ESCA Account (as defined in Section 3.01 below) to the Air Force, as provided in Section 3.04 below; (ii) the date thirty (30) days after the City gives the Air Force notice that it is terminating this ESCA pursuant to Section 1.04; or (iii) the effective date of a mutual agreement by the Parties to terminate this ESCA (the "Termination Date"). SECTION 1.04. City Termination Rights. This ESCA may be terminated by the City without cost or liability to the City: (a) at any time prior to the execution of the Construction Contract, for any reason or no reason after giving the Air Force at least thirty (30) days prior notice; and (b) if subsequent to the execution of the Construction Contract, the Air Force fails to deposit funds into the ESCA Account in accordance with Section 3.02 below. Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Page 4 ARTICLE II DESIGN, BIDDING, CONSTRUCTION AND MANAGEMENT SERVICES SECTION 2.01. Design Services. While the City and Air Force had preliminary discussions about the projected scope of work for the Project prior to the Effective Date, further due diligence, evaluation and analysis are required to design the Project. A. Request for Qualifications The City will generate a Request for Qualifications ("RFQ") to select a consulting engineer (the "Consulting Engineer") (i) for the Project design phase and (ii) to provide engineer of record services during the Project construction phase. The qualification criteria will consist of survey and land services, as needed, full design services in accordance with City of Lubbock Minimum Design Standards and Specifications, and engineer of record services. B. Survey and Land Services Survey and land services will consist of (i) preparation of a general survey that satisfies the needs of the design phase of the Project, and (ii) obtaining land owner information needed for the Project layout and any required easement, platting and/or dedication. The Consulting Engineer will provide the land owner information required for easements, platting, and/or dedication to the Air Force. The Consulting Engineer will use its best efforts to acquire all easements and/or dedications needed by the City for the Project (each a "Project Easement"). The City will not seek condemnation of any property for the Project. The Consulting Engineer will provide appraisal information for any needed easement or dedication to the City and Air Force. No easement or Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Page 5 dedication appraisals will move forward without written consent from the Air Force. The Air Force will be solely responsible for satisfying any platting requirements prerequisite to completion of the Project. The City will provide information to the Air Force about processes it follows to obtain easements for pipeline projects. C. Design Drawings and Specifications The Consulting Engineer will prepare 30%, 60%, 90% and final design drawings ("Final Plan Drawings") for the Project. The City will review the design drawings at each stage to ensure compliance with all applicable laws and City standards and provide comments to the Consulting Engineer. The City will provide a copy of the drawings to the Air Force at each stage. If the Air Force has questions about any of the design drawings, it will provide them to the City within fourteen (14) days of receipt of such deliverables. The Final Design Drawings provided to the Air Force will be in PDF and CADD formats. D. City Approvals The City Council must approve the Consulting Engineer to authorize the City to execute a contract with the Consulting Engineer for the Project ("Consulting Engineer Contract"). If the City Council does not approve the Consulting Engineer, then the City may terminate this ESCA pursuant to Section 1.04(a) above. The City will provide a copy of the final draft of the Consulting Engineer Contract to the Air Force before it is submitted to the City Council. If the Air Force has questions about any of the contract provisions, it will provide them promptly to the City. The Consulting Engineer Contract shall include a detail statement of the scope of work to be Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) PageV performed by the Consulting Engineer. A copy of the fully executed Consulting Engineer Contract will be attached to this ESCA as Exhibit C. SECTION 2.02. Bidding Services. A. Request for Proposals The City will prepare a Request for Proposals ("RFP") for the construction of the Project that will use a unit price contract and require a set completion time frame. Before the RFP is released, the City will provide a copy of the final draft of the RFP to the Air Force for its review. If the Air Force has questions about any of the RFP provisions, it will provide them promptly to the City. B. Construction Contract The City will provide a copy of the final draft of the construction contract ("Construction Contract') to the Air Force before it seeks approval of the contractor ("Construction Contractor") and authorization to execute the Construction Contract from the City Council. The Construction Contract shall include a detailed statement of the scope of work to be performed by the Construction Contractor and require the Construction Contractor to provide to the City a construction schedule at least thirty (30) days prior to issuance by the City of its notice to proceed. If the Air Force has questions about any of the contract provisions, it will provide them promptly to the City. All amounts payable by the City pursuant to the Construction Contract may not exceed an amount equal to the difference between (a) the Air Force Funding Obligation and (b) the sum of (i) the aggregate payments to date from the ESCA Account for Project Work; and (ii) any other known costs the City will incur relating to the Project for which it has not yet sought payment pursuant to Section 3.01. Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Page 7 C. City Approvals The City Council must approve the Construction Contractor and authorize the City to execute the Construction Contract. If the City Council does not approve the Construction Contractor, then the City may terminate this ESCA pursuant to Section 1.04(a) above. The Construction Contract will not be executed before the Project Easements, if any, required for the Project have been obtained. A copy of the fully executed Construction Contract will be attached to this ESCA as Exhibit D. SECTION 2.03. Project Management. A. Progress Meetings After the Construction Contract is executed, the City will host monthly progress meetings among the Construction Contractor, Consulting Engineer, Air Force and the City. B. Engineer of Record Services The Consulting Engineer will provide the engineer of record services stated in the Consulting Engineer Agreement attached to this ESCA as Exhibit C. Upon completion of the Project, the Consulting Engineer will provide a set of as -built drawings for the Project to the Air Force in PDF and CADD formats. C. Inspection Services Either a City employee or a private contractor retained by the City will provide part-time field representation for quality assurance of the construction of the Project. Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Page 8 D. Change Orders Changes to the Construction Contract that affect the Construction Schedule, Scheduled Date of Completion, the Project Work or the Contract Price will be documented in a Change Order and the City shall delivery copies of such Change Orders promptly to the Air Force. If the Air Force has questions or comments about a Change Order, it promptly will notify the City. The Air Force will use its best efforts to provide its questions or comments about Change Orders to the City within 20 days of receipt of the Change Order. As used in this ESCA, the. terms "Construction Schedule," "Scheduled Date of Completion," "Contract Price," and "Change Order, shall have the meanings ascribed to them in the Construction Contract. Any Change Order exceeding $50,000.00 will require the approval of the City Council, as provided in Texas law. E. Unforeseen Circumstances The City shall notify the Air Force promptly of any unanticipated, unforeseen, special or force majeure condition that may affect the total cost of the Project Work adversely and thereafter, the Parties shall meet, by phone or in person, to address the impact of the condition on the Project. SECTION 2.04. Budget. The budget for the Project may not exceed the Air Force Funding Obligation without amendment of this ESCA to increase the obligation. The budget for the Project submitted by the City and accepted by the Air Force is attached to this ESCA as Exhibit A ("Budget"). Line item amounts may be reallocated within the Budget by the City to allow for flexibility in completing the Project Work; provided, however, that the City shall notify with the Air Force before reallocating $25,000.00 or more from one line Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Page 9 item to another line item, or making any reallocation that will increase the aggregate total of all reallocations to an amount above $100,000.00. ARTICLE III FUNDING AND PAYMENTS SECTION 3.01. ESCA Account. The City will open an account ("ESCA Account') with Texas Cooperative Liquid Assets Trust, a local government investment pool pursuant to Section 2256.016 of the Public Funds Investment Act, Texas Government Code, and known as "Texas CLASS." All disbursements to the City of the Air Force Funding Obligation shall be deposited into the ESCA Account. Proceeds from the ESCA Account shall be used only to pay for Project Work and make remittances to the Air Force, as required by Section 3.04 below. Income earned on funds held in the ESCA Account shall be retained in the ESCA Account and delivered to the Air Force as provided in Section 3.04 below. SECTION 3.02. Air Force Funding. Within fifteen (15) days of the Effective Date, the Air Force shall provide $1,416,931.00 of the Air Force Funding Obligation to the City to pay for Project Work performed prior to execution of the Construction Contract. The remaining balance or the Air Force Funding Obligation shall be disbursed to the City in accordance with a funding schedule linked to key milestones mutually agreed to by the Parties and which aligns with the payment dates provided in the Construction Contract ("Funding Schedule"). The Funding Schedule will be attached to this ESCA as Exhibit E. Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Page 10 w SECTION 3.03. Withdrawals from the ESCA Account. Simultaneously with each withdrawal from the ESCA Account, the City shall deliver to the Air Force a Payment Certification in the form attached to this ESCA as Exhibit B. SECTION 3.04. Statements and Remittances to Air Force A. ESCA Account Statements The City shall deliver to the Air Force (i) a copy of the monthly statement for the ESCA Account received from Texas CLASS promptly after its receipt; and (ii) within ninety (90) days after the end of the City's fiscal year, an accounting of income earned on the ESCA Account during the preceding fiscal year. B. Termination Date On the Termination Date, the City shall deliver to the Air Force (i) an accounting of income earned on the ESCA Account during the current fiscal year; (ii) the balance of y the ESCA Account; and (iii) the income earned on monies in the ESCA Account from the date it was established. SECTION 3.05. Anti -Deficiency Act. The Air Force Funding Obligation is subject to the availability of appropriated funds. Nothing in this ESCA shall be interpreted to require payments by the Air Force in violation of the Anti -Deficiency Act (31 U.S.C. § 1341). Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Page 11* SECTION 3.06. Relation to Prompt Payment Act. This ESCA is not a contract as defined in Office of Management and Budget Circular A-125 which implements the Prompt Payment Act of 1982 (31 U.S.C. § 1421- 3906) (the "Act"). Therefore, the Act does not apply to this ESCA. . ARTICLE IV APPLICABLE LAWS SECTION 4.01. Compliance with Applicable Laws. The City shall comply with all federal, state and local laws, rules, regulations and ordinances relating to the Project and which are applicable to the City. The Air Force shall comply with all federal laws and other laws for which the United States has expressly waived its sovereign immunity which are applicable to matters for which the Air Force is obligated. ARTICLE V DISPUTE RESOLUTION SECTION 5.01. Dispute Resolution. In the event of any dispute arising out of or relating to this ESCA, the Parties shall attempt, in good faith, to promptly resolve the dispute by mutual agreement using unassisted negotiation techniques (i.e., without the assistance of a neutral third party). As part of the unassisted negotiation, the Parties shall consider employing joint fact- finding, if material factual disputes are involved, and shall use other early resolution Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Page 12`� techniques appropriate to the circumstances. If the dispute cannot be resolved by mutual agreement, before or in conjunction with pursuing any remedy available to them under law or equity, the Parties, again by mutual agreement, may submit the dispute to an alternative dispute resolution procedure authorized by the Administrative Dispute Resolution Act of 1996, Pub. L. No. 104-320 (codified at 5 U.S.C. §§ 571, et seq.). Notwithstanding the above, each Party shall have the right to take whatever action at law or in equity deemed necessary or desirable to enforce any obligation of the other Party set forth in this ESCA. ARTICLE VI GENERAL PROVISIONS SECTION 6.01. Amendment. This ESCA may be amended only by an instrument in writing, signed by the Parties. SECTION 6.02. Successors and Assigns. This ESCA may not be assigned by a Party. All obligations and covenants made under this ESCA shall bind and inure to the benefit of any successor to a Party, whether or not expressly assumed by such successor. SECTION 6.03. Entire Agreement. This ESCA constitutes the entire agreement between the Parties as to the Project Work. Any\all prior discussions and understandings, written or oral, relating to the Project are superseded by this ESCA. Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Page 13 Oil SECTION 6.04. Severability. If any provision of this ESCA is held invalid by a court, the remainder of this ESCA shall continue in full force and effect to the extent not inconsistent with such holding. SECTION 6.05. Execution. This ESCA may be executed in two counterparts, each of which shall be deemed an original. SECTION 6.06. Conflict of Interest. The Parties shall ensure that their employees are prohibited from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others. SECTION 6.07. Officials Not to Benefit. The City acknowledges that no member or delegate to the United States Congress, or resident Commissioner, shall be permitted to share in any part of this ESCA or receive any benefit that may arise therefrom. SECTION 6.08. Nondiscrimination. The City covenants and agrees that no person, on the grounds of race, religion, color, national origin, sex, age or handicap, shall be denied benefits of, or otherwise be subjected to discrimination in connection with the City's performance under this ESCA. Accordingly, the City covenants and agrees to comply with the following to the extent applicable: Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Page 14�� A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d-2000d-7), and Department of Defense ("DoD") regulations (32 C.F.R. Part 300) issued thereunder; B. Executive Order 11246 and Department of Labor regulations issued thereunder (41 C.F.R. Part 60); C. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); and D. The Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-6107) and implementing regulations issued thereunder as incorporated in 45 C.F.R. Part SECTION 6.09. Lobbying. The City covenants and agrees that it will not expend any funds appropriated by Congress to pay any person for influencing or attempting to influence an officer or employee of any agency or a Member of Congress in connection with any of the following covered federal actions: the awarding of any federal contract; the making of any federal grant; the entering into of any cooperative agreement; the making of any federal loan; and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, cooperative agreement or loan. The City also agrees to comply with restrictions on lobbying, issued by the Office of Management and Budget (OMB) and DoD (32 C.F.R. Part 28) that implement the provisions of 31 U.S.C. § 1352. SECTION 6.10: Drug -Free Work Place. The City covenants and agrees that it will comply with the provisions of the Drug - Free Work Place Act of 1988, (41 U.S.C. §§ 701-707) and maintain a drug -free Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Page 15 � workplace. The City shall comply with the Final Rule, Government -Wide Requirements for Drug -Free Workplace (Grants), issued by OMB, and DoD (32 C.F.R. Part 25, Subpart F) to implement the Drug -Free Work Place Act of 1988. SECTION 6.11. Records and Audits. During the ESCA Term and for three years following its expiration, the City shall maintain a complete and accurate set of files, books and records of all activities related to the Consulting Engineer Contract, the Construction Contract and the Project Work. Upon request, the Air Force may inspect and request copies (at its expense) at reasonable times of any of such files, books and records. Notwithstanding the preceding sentence, copies of Change Orders and all supporting documentation relating to them requested by the Air Force shall be provided at no expense to the Air Force. Upon reasonable notice to the City, the Comptroller General, the Inspector General of the Department of Defense, the Defense Contract Audit Agency and/or the Air Force Audit Agency shall have direct access to sufficient records and information of the City, as they determine, to ensure accountability for federal funds. Any copies of such records requested by these federal entities shall be provided to the federal agencies at their expense. Any audit shall be conducted in accordance with OMB Circular A-133 and 32 C.F.R. § 33.26. SECTION 6.12. Notices. Any notice, transmittal, approval, or other official communication made under this ESCA shall be in writing and shall be delivered by hand, facsimile transmission, email or mail to the other Party at the addresses or facsimile transmission telephone number Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Page 16 set forth below, or at any such other address as may be later designated from time to time by written notice using certified mail: Air Force: City: Stephen TerMaath, Chief, BRAC Program Management Division Air Force Civil Engineer Center (AFCEC)/Installations Directorate (Cl) AFCEC/CIB 210-395-9428 stephen.termaathO-us.af.mil Address for mail: 2261 Hughes Ave., Suite 155 JBSA Lackland AFB, TX 78236-9853 Address for hand delivery: 3515 S General McMullen, Suite 155 San Antonio, TX 78226-2018 with a copy to: Paul Carroll Program Manager, AFCEC/CIBE 9801 Reese Blvd. N., Ste 210 Lubbock, TX 79416 806-885-5010 paul.carroll.1 (&-us.af.mil Josh Kristinek City of Lubbock 806-775-3397 jkristinek@mylubbock.us Address for mail and hand delivery: PO Box 2000 1314 Avenue K Lubbock, TX 79457 Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Page 11* with a copy to: John Turpin City of Lubbock 806-775-2342 jturpin@mylubbock.us Address for mail and hand delivery: PO Box 2000 1314 Avenue K Lubbock, TX 79457 SECTION 6.13. No Joint Venture. Nothing contained in this ESCA shall make, nor shall be construed to make, the Parties partners or joint venturers with each other. Neither will anything in this ESCA render, nor be construed to render, either of the Parties liable to any third party for the debts or obligations of the other Party. SECTION 6.14. Exhibits. Exhibit A — Budget, is attached to and made a part of this ESCA by this reference for all purposes, Any subsequent amendments to Exhibit A also will be attached to and made a part of this ESCA by this reference for all purposes. Upon execution the following exhibits and any subsequent amendments to them will be attached to and made a part of this ESCA by this reference for all purposes: Exhibit B — Payment Certification Exhibit C — Consulting Engineer Contract Exhibit D — Construction Contract Exhibit E — Funding Schedule Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Page 18 _ wa Exhibit F — Change Orders (Each Change Order will be attached to this ESCA as Exhibits F-1, F -2, F-3 et. seq.) SECTION 6.15. Change of Circumstances. Each Party will promptly notify the other Party of any legal impediment, change of circumstances, pending litigation, or any other event or condition that may adversely affect such Party's ability to carry out any of its obligations under this ESCA. SECTION 6.16. Force Majeure. The Parties shall perform the requirements of this ESCA except to the extent performance is prevented or delayed by events that constitute force majeure. "Force majeure" is defined as any event arising from causes which are beyond the control of a Party and which cannot be overcome with due diligence, and include but are not limited to war, terrorism, riots, strikes and other labor issues, severe weather, legal action by private citizens or organizations that result in injunction, and acts of God, to the extent such events result in delays or cessation of the Project Work. IN WITNESS WHEREOF, the Parties, by their authorized representatives, hereby cause this ESCA to be executed as of the Effective Date. Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Page 19 Air Force Signature Page to Environmental Services Cooperative Agreement For Design, Bidding, Construction and Management Services UNITED STATES AIR FORCE, acting by and through the SECRETARY OF THE AIR FORCE By: MARK A. CORRELL, P.E. Deputy Assistant Secretary of the Air Force (Environment, Safety and Infrastructure) Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Government Signature Page City Signature Page to Environmental Services Cooperative Agreement For Design, Bidding, Construction and Management Services ATTEST: L3", � M�_ CITY OF LUBBOCK By: DANIEL M. POPE, MAYOR Rebecca Garza, Secretary APPROVED AS TO CONTENT: John Turpin, 4., Assistant Division Director of Public Works APPROVED AS TO FORM; rLsims, Deputy City Attorney Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) City Signature Page Exhibit A Budget (See Attached) Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Exhibit A Project: Reese Water Improvements Project Summary Preliminary Cost Estimate Date of Estimate December 2020 Department: Engineering Services - CIP QTY Unit Unit Price I Extended Amount TOTAL PER SECTION SECTION A S 817 304.67 SECTION B $ 1,875,705 11 SECTION C $ 1,465,397.79 SECTION D $ 878 675.00 SECTION E $ 1,309,116.78 SUBTOTAL S 6,346,199.33 CITY OF LUBBOCK STAFF TIME 1 2% 1 $ 126 923.99 CONTINGENCY 1 8% 1 Is 507,695.95 SUBTOTAL $ 6,980,8t9:27 ENGINEERING FEES FOR DESIGN 1 10% $ 698 081.93 CONSTRUCTION INSPECTION FEESJEOR 1 6% $ 418 849.16 ESTIMATED PROJECVTOTAL $ 8,097,780.35 PHASE 1- IMMEDIATE FUNDING NEEDS ENGINEERING FEES FOR DESIGN $ 698081.93 AND FOR 418,849.16INSPECTION $ EASMENTIROW ACQUISITION(LINE ITEM 4 ON ALL SECTION COST ESTIMATES $ 300,000.00 CITY OF LUBBOCK STAFF TIME $ 126,923.99 TOTAL PHASE 1 $ 1,416,931.08 Project: Reese Water Improvements -Section A PreWninary Cost Estimate Date of Estimate: December 2020 Department: Engineering Services - CIP QTY Unit Unit Price Extended Amount General 1 MOBILIZATION I LS $ 40,000.00 S 40,000.00 2 TRENCH SAFETY SYSTEM 3,969 LF $ 2.00 $ 7,938.00 3 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION PREVENTION AND CONTROL -SWPPP 1 LS $ 3,000.00 $ 3,000.00 4 EASMENT/ROW ACQUISITION 1 LS $ 50,000.00 $ 50,000.00 5 TRAFFIC CONTROL 2 1 MO 1 $ 5,000.001 $ 10,000.00 Street Re atr 6 JASPHALT REMOVAL 0 Sy Is 10.00 S - 7 2" HMAC TYPE C 0 SY I $ 105.00 S - 8 IFLOWABLEFILL 978 1 CY IS 150.00 S 146,666.67 Water hn rovements 9 6" C-900 PVC PIPE [OPEN CUT 480 LF I $ 65.00 $ 31.260.00 10 8" C-900 PVC PIPE OPEN CUT) 3,300 LF $ 80.00 $ 264,000.00 11 12" C-900 PVC PIPE (OPEN CUT) 0 LF $ 100.00 $ - 12 8" SLICK BORE 500 LF $ 200.00 $ 100,000 00 13 12" C-900 PVC PIPE IN 18" STEEL CASING - BORED UNDER LUBBOCK AND WESTERN RAILWAY, INCLUDING LUBBOCK WESTERN RAILWAY COORDINATION AND INSURANCE 0 LF $ 500.00 $ - 14 12" X 8" TAPPING SLEEVE AND VALVE 1 EA $ 4,000.00 $ 4,000.00 15 6" GATE VALVES AND VALVE BOX 12 EA $ 1,500.00 $ 18,000.00 16 S" GATE VALVES AND VALVE BOX 4 EA $ 2,500.00 S 10,000.00 17 12" GATE VALVES AND VALVE BOX 1 EA S 3,500.00 S 3,500.00 18 FIRE HYDRANT 12 EA $ 4,000.00 $ 48,000.00 19 SERVIC CONNECTIONS 36 EA $ 2.250.00 $ 81,000 00 20 IPERMITS 1 0 1 LS $ 35,000.00 $ - SUBT;OTAL $ 817,304.67 CITY OF LUBBOCK STAFF TIME 2% $ 16,346.09 CONTINGENCY 8°a $ 65,384.37 SUBTOTAL $ S",035.13 ENGINEERING FEES FOR DESIGN 10% $ 89.903 51 CONSTRUCTION INSPECPION.FEESIEOR Is 53,942 11 ESTIMATED PROJECT TOTAL $ 1,042,aso.7S Project: Reese Water Improvements - Section B Preliminary Cost Estimate Date of Estimate: December 2020 Ilepartment: Engineering Services - CHI' QTY Unit Unit Price Extended Amount General 1 MOBILIZATION 1 LS S 90,000.00 $ 90,000.00 2 TRENCH SAFETY SYSTEM 7,497 LF $ 2.00 $ 14,994.00 3 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION PREVENTION AND CONTROL-SWPPP 1 LS $ 3,000.00 $ 3,000.00 4 EASMENT/ROW AC UISITION 1 LS $ 100,000.00 $ 100,000.00 5 TRAFFIC CONTROL 1 2 1 MO. $ 5,000.00 $ 10,000.00 SOW( Repair 6 JASPHALT REMOVAL 1 2,889 SY is 10.00 $ 28,888.89 7 2" HMAC TYPE C 1 2,889 1 SY $ 105.001 S 303,333.33 8 IFLOWABLEFILL 1,926 1 CY $ 150.00 $ 288,888.89 Water Improvements 9 6" C-900 PVC PIPE OPEN CUT 640 LF $ 65.00 S 41,600.D0 10 8" C-900 PVC PIPE (OPEN CUT) 6,500 LF $ 80.00 S 520,000.60 11 12" C-900 PVC PIPE (OPEN CUT) 0 LF $ 100.00 S - 12 8" SLICK BORE 500 LF $ 200.00 $ 100,000.00 13 12" C-900 PVC PIPE IN 18" STEEL CASING - BORED UNDER LUBBOCK AND WESTERN RAILWAY, INCLUDING LUBBOCK WESTERN RAILWAY COORDINATION AND INSURANCE 0 LF $ 500.00 S - 14 12" X 8" TAPPING SLEEVE AND VALVE 4 EA $ 4,000.00 $ 16,000.00 15 6" GATE VALVES AND VALVE BOX 16 EA $ 1,500.00 $ 24,000.00 16 8" GATE VALVES AND VALVE BOX 7 EA S 2,500.00 S 17,500.00 17 12" GATE VALVES AND VALVE BOX 3 EA $ 3,500.00 $ 10,500.00 18 FIRE HYDRANT 16 EA $ 4,000.00 $ 64,000.00 19 SERVIC CONNECTIONS 108 EA $ 2,250.00 $ 243,000 00 20 IPERlvffTS 0 LS $ 35,000.00 $ - SUBTOTAL $ 1,875,705.11 CITY OF LUBBOCK STAFF TI 2% s 37,514.10 CONTINGENCY 80% 1 IS 15005641 SUBTOTAL S 2,963;215,62 ENGINEERING FEES FOR DESIGN 10% $ 206 327.56 CONSTRUQTION INSPECTION FEES/EOR 1 60% 1 1$ 123,796.54 EST1MATED PROJECT TOTAL, $ 2,393�99.72 Project: Reese Water Improvements -Section C Preliminary Cost Estimate Date of Estimate: December 2020 Department: Engineering Services - CIP QTY Unit Unit Price Extended Amount General 1 MOBILIZATION 1 LS $ 70,000.00 S 70,000.00 2 TRENCH SAFETY SYSTEM 7,560 LF $ 2.00 S 15,120.00 3 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION PREVENTION AND CONTROL -SWPPP 1 LS $ 3.000.00 $ 3,000.00 4 EASMENT/ROW AC UISITION 1 LS $ 50,000.00 $ 50,000.00 5 ITRAFFIC CONTROL 3 MO. $ 5,000.001 $ 15,000 00 StfiefRepair 6 JASPHALT REMOVAL 1,822 1 SY 1 $ 10.001 S 18,222.22 7 2" HMAC TYPE C 1,822 1 SY 1 $ 105.001 S 191,333.33 8 IFLOWABLEFILL 1 1,215 1 CY $ 150.00 $ 182,222.22 Water Itn rovements 9 6" C-900 PVC PIPE OPEN CUT) 600 LF $ 65.00 $ 39,000.00 10 8" C-900 PVC PIPE OPEN CUT) 4,100 LF $ 80.00 S 329,000.00 11 12" C-900 PVC PIPE (OPEN CUi,) 2,500 LF $ 100.00 S 250,000.00 12 8" SLICK BORE 500 LF $ 200.00 $ 100,000.00 13 12" C-900 PVC PIPE IN 18" STEEL CASING - BORED UNDER LUBBOCK AND WESTERN RAILWAY, INCLUDING LUBBOCK WESTERN RAILWAY COORDINATION AND INSURANCE 0 LF $ 500.00 $ - 14 12" X 8' TAPPING SLEEVE AND VALVE 3 EA $ 4,000.00 $ 12,000.00 15 6" GATE VALVES AND VALVE BOX 15 EA $ 1.500.00 $ 22,500.00 16 8" GATE VALVES AND VALVE BOX 7 EA $ 2,500.00 S 17.500.00 17 12" GATE VALVES AND VALVE BOX 3 EA $ 3,500.00 $ 10,300.00 18 FIRE HYDRANT 15 EA $ 4,00000 $ 60,000.00 19 SERVIC CONNECTIONS 36 EA $ 2,250 00 $ 81,000 00 20 PERMITS 0 LS $ 35,000.00 S SUBT6TAL $ 1,465,397.7$ CITY OF LUBBOCK STAFF TIME 2% $ 29,307.96 CONTINGENCY 80/. Is 117,23182 SUBTOTAL $ 1,611,937.56 ENGINEERING FEES FOR DESIGN 109'. $ 161 193.76 CONSTRUCTION INSPECTION FEESMOR 6% $ 96,716.25 ESTIMATED PROJECT TOTAL s 1,869,847.56 Project: Reese Water Improvements - Section D Preliminary Cost Esthnate Date of Estimate: December 2020 Department, Engineering Services - CIP QTY Unit Unit Price Extended Amount General 1 MOBILIZATION 1 LS $ 45,000.00 $ 45,000 00 2 TRENCH SAFETY SYSTEM 7,088 LF $ 2.00 $ 14,175.00 3 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION PREVENTION AND CONTROL-SWPPP 1 LS $ 3,000.00 $ 3,000.00 4 EASMENT/ROW ACQUISITION i LS $ 50,000.00 $ 50,000.00 5 ITRAFFIC CONTROL 3 1 MO. $ 5,000.001 S 13,000.00 Si Repair 6 ASPHALT REMOVAL 1 0 Sy is 10.00 $ - 7 2" HMAC TYPE C 1 0 1 SY is 105.00 S 8 PLOWABLE FILL 1 0 1 CY is 150.00 $ - Water Improvements 9 6" C-900 PVC PIPE (OPEN CUT) 600 LF $ 65,00 S 39,000.00 10 8" C-900 PVC PIPE OPEN CUT 0 LF $ 80.00 $ - 11 12' C-M PVC PIPE (OPEN CUT) 6,150 LF $ 100.00 $ 615,000.00 12 8" SLICK BORE 0 LF $ 200.00 $ - 13 12" C-900 PVC PIPE IN 18" STEEL CASING - BORED UNDER LUBBOCK AND WESTERN RAILWAY, INCLUDING LUBBOCK WESTERN RAILWAY COORDINATION AND INSURANCE 0 LF $ 500.00 $ 14 12" X 8" TAPPING SLEEVE AND VALVE 0 EA $ 4,000.00 $ - 15 6" GATE VALVES AND VALVE BOX IS EA $ 1,500.00 $ 22,500.00 16 8' GATE VALVES AND VALVE BOX 0 EA $ 2,500.00 $ - 17 12" GATE VALVES AND VALVE BOX 3 EA $ 3,500.00 S 10,500 00 18 FIRE HYDRANT 15 EA $ 4,000.00 S 60,000.00 19 SERVIC CONNECTIONS 2 EA $ 2,250.00 $ 4,50000 20 PERMITS 0 LS $ 35,000.00 S - SUBTOTAL $ 878,675.00 CITY OF LUBBOCK STAFF TIME 2% S 17,573.50 CONTINGENCY 8% $ 7029400 SUBTOTAL., $ 966,S42.so ENGINEERING FEES FOR DESIGN 10'/e $ 96,654.25 CONSTRUCTION INSPECTION FEESfEOR 6/. $ 57 992.55 ESTIMATED PROJECT TOTALt $ 1,t21.,139.30 Project: Reese Water Improvements - Section E Preliminary Cost Estimate to of Estimate: December 2020 Department, Engineering Services - CIP QTY Unit Unit Price Extended Amount General 1 MOBILIZATION 1 LS $ 65,000.00 $ 65,000.00 2 TRENCH SAFETY SYSTEM 6,395 LF $ 2.00 $ 12,789.00 3 TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION PREVENTION AND CONTROL - SWPPP 1 LS $ 3,000.00 S 3,000.00 4 EASMENTIROW ACQUISITION 1 LS S 50,000.00 S 50,000.00 5 ITRAFFIC CONTROL 1 3 MO. $ 5,000.001 S 15,000.00 SRepair 6 JASPHALT REMOVAL 622 SY Is 10.00 $ 6,222.22 7 2" HMAC TYPE C 622 SY I $ 105.00 S 65,333.33 8 IFLOWABLEFILL 415 CY I S 150,001 S 62,222.22 Water Improvements 9 6" C-900 PVC PIPE (OPEN CUT) 400 LF $ 65.00 $ 26,000.00 10 8" C-900 PVC PIPE OPEN CUT 4,760 LF $ 80.00 S 380,800.00 11 12" C-900 PVC PIPE (OPEN CUT) 930 LF $ 100.00 S 93.000.00 12 8" SLICK BORE 500 LF $ 200.00 S 100,000.00 13 12" C-900 PVC PIPE IN 18" STEEL CASING - BORED UNDER LUBBOCK AND WESTERN RAILWAY, INCLUDING LUBBOCK WESTERN RAILWAY COORDINATION AND INSURANCE 150 LF $ 500.00 S 75,000.00 14 12" X 8" TAPPING SLEEVE AND VALVE 1 EA $ 4,000.00 $ 4,00000 15 6' GATE VALVES AND VALVE BOX 10 EA $ 1.500.00 $ 15.000.00 16 8" GATE VALVES AND VALVE BOX 7 EA $ 2,500.00 $ 17,500.00 17 12" GATE VALVES AND VALVE BOX 2 EA S 3,500.00 S 7,000.00 18 FIRE HYDRANT 10 EA $ 4,00000 $ 40,000.00 19 SERVIC CONNECTIONS 105 EA $ 2,250.00 $ 236,250.00 20 1PERMITS 1 I LS $ 35,000-001 $ 35,000.00 SUBTOTAL $ 1,3",116,78 CITY OF LUBBOCK STAFF TIME 2"0 1 Is 26,182.34 CONTINGENCY 840I I $ 104,72934 SUBTOTAL, S 1,440,028.46 ENGINEERING FEES FOR DESIGN 10% 1 1$ 144,002.85 CONSTRUCTION INSPECTION FEESMOR 6°io $ $6,401.71 ESTIMATED PROJECT TOTAL, $ i,67o�s,o1 Exhibit B Payment Certification (See Attached) Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Exhibit B PAYMENT CERTIFICATION The undersigned certifies on behalf of the City of Lubbock ("City") to the Air Force Civil Engineer Center ("Air Force") that the information set forth herein is accurate and complete and that the withdrawal of $ from the ESCA Account will be paid to for the Project Work more particularly described in the attached invoice of , dated 1202. _ As used herein, "Project Work" has the meaning ascribed to that term in the Environmental Services Cooperative Agreement for Design, Bidding, Construction and Management Services dated , 2021, between the City and the Air Force. CITY OF LUBBOCK By: [Name][Title] - Date: Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Exhibit B EXHIBIT C Consulting Engineer Contract (See Attached) Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Exhibit C Exhibit D Construction Contract (See Attached) Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Exhibit D Exhibit E Funding Schedule (See attached) Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Exhibit E Exhibit F Change Orders (See Attached)] Reese AFB / Environmental Services Cooperative Agreement (01-20-21 Final) Exhibit F