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HomeMy WebLinkAboutResolution - 2021-R0370 - Contract 15838 with Plummer Associates Inc. 9.28.21Resolution No. 2021-R0370 Item No. 7.11 September 28, 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, Professional Services Agreement No. 15838 for the Reese Water Line Extension project, by and between the City of Lubbock and Plummer Associates, Inc., and related documents. Said Contract 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 September 28, 2021 ��y DANIEL M. POPE, MAYOR ATTEST: Re e a Garza, City Secre ary APPROVED AS TO CONTENT: i Jesic cEachern, Assistant City Manager APPROVED AS TO FORM: Wiz lli Leisure, Assistant City Attorney ccdocs/RESTSA-No.15838 Reese Waterline 09.09.21 Resolution No. 2021-R0370 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 15838 is entered into this day of 2021, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Plummer Associates, Inc. , (the" Engineer"). WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for the Reese Water Line Extension project, (the "Activities"); and WHEREAS, the Engineer has a professional staff experienced and is qualified to provide professional engineering services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional services related to the Activities, and Engineer desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Engineer hereby agree as follows: ARTICLE 1. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of 300 days. If the Engineer determines that additional time is required to complete the Services, the City Engineer, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. ARTICLE 11. SERVICES AND COMPENSATION Page 1 of 11 A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services"). B. The Engineer shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $821,108, as set forth in Exhibit "B". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Engineer is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. Page 2 of 11 D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Engineer shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Engineer and the Engineer's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VM. INSURANCE Page 3 of l l The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub - consultant of the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of ANH or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 The Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days' notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains Page 4of11 said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the Engineer fails to maintain the required insurance in full force and effect, the Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article Vial shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit A, attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY The Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDEMNITY THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Page 5 of 11 ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XH. COMPLIANCE WITH APPLICABLE LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XHI. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Plummer Associates, Inc.. Brian Beach, P.E. 1001 Main Street, Suite 808 Lubbock, Texas 79401 Telephone: 806.853.6379 Email: bbeach@plummer.com C. City's Address. The City's address and numbers for the purposes of notice are: Josh Kristinek, P.E. City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Email: jristinek@mylubbock.us Page 6 of 1 l Telephone: 806.775.3397 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Engineer shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Engineer's books and records with respect to this Agreement between the Engineer and the City. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT 1S PERFORMABLE 1N LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE Page 7 of 11 AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. 1. Entire Agreement. This Agreement, including Exhibits "A" through "C" attached hereto, contains the entire agreement between the City and the Engineer, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between the Engineer and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Article 11, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Engineer. N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by this Page 8 of 11 Agreement is spent, whichever event occurs first (the "Non -Appropriation Date'). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. O. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Q. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. R. Professional Responsibility. All architectural or engineering services to be performed shall be done with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license. PAGE LEFT BLANK INTENTIONALLY EXECUTED as of the Effective Date hereof. Page 9 of 11 CITY OF LUBBOCK DANIEL M. POPE, MAYOR r.vv-mw Reb ca Garza, City Secre Ury APPROVED AS TO CONTENT: Michael G. Keenum, Division Director of Engineering/ City Engineer �c - 0 -"� Jesica cEachem, Assistant City Manager Mill ; •u" i'13 111T• • : u Firm Plummer Associates, Inc. Clete Martin, P.E. Page 10 of 11 1, representative of Texas Government Code Subtitle F, Title 10, Chapter 2271 elan' I'd .4Aow (Person name), the undersigned Firm Name A_U1f7�G72 (hereafter referred to as company) Pursuant to Section 2271.002, applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. Verify that the company named -above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2271: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above -named Company, business or individual with the City of Lubbock acting by and through City of Lubbock. Date 6�� /Z /4�", Authorized Signature Page 11 of 11 PLUMMER ASSOCIATES, INC. EXHIBIT A Scope for Engineering Design Related Services for Water line Extension This Exhibit A is part of the Agreement between Plummer Associates, Inc. (Plummer) (the "ENGINEER") and the City of Lubbock (the "CITY') for a project generally described as THE REESE WATER LINE EXTENSION PROJECT The purpose of this Agreement is to furnish Engineering Services set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. The project generally described is "Reese Water Line Extension" will include the following task items: Task 1: General Services Task 2: Conceptual Design Recommendations Summary, Water System Modeling and Environmental Phase Services Task 3: Easement and Platting Survey Services Task 4: Pipeline Route Surveying Services Task 5: Geotechnical Investigation Services Task 6: Detailed Design Phase Services (60% Design) Task 7: Final Design Phase Services (90% & Final Design) Task 8: Bid Phase Services Page 1 of 13 f Vrojects\0425\033-01\0 opportunity\0-3 project\0-3-1 negotiations - scope schedule fee\0-3-1-1 client\reese waterline contract scope exhibit a- c.docx EXHIBIT A DESIGN SERVICES FOR THE REESE WATER LINE EXTENSION PROJECT CITY PROJECT NO.: 9/8/2021 1.0 General Services 1.1 Conduct a Project Kickoff Meeting (1) with the CITY and Airforce Staff at the beginning of the Project to review and confirm the scope, schedule, resources, and responsibilities. 1.1.1 Confirm the Project objectives, scope of work, milestone schedule, and CITY expectations. 1.1.2 Confirm and Identify information needed from the CITY for the Project and determine the most efficient method for obtaining information. 1.1.3 Confirm critical Project success factors and Project deliverables. 1.1.4 Identify reporting requirements and other information needed to manage and monitor the progress of this Project. 1.1.5 Prepare draft meeting notes and list of action items resulting from meeting. Provide a draft copy of meeting notes in portable document format (PDF) to the CITY's Project Manager for distribution and review to CITY's staff. 1.1.6 Prepare final meeting notes and list of action items incorporating comments from the CITY. Provide a final copy of meeting notes in PDF to the CITY's Project Manager for distribution to the CITY's and Air Force staff. 1.2 Engineer shall schedule and conduct One (1) Public Meeting, at the initiation of the project, with the CITY, Air Force Staff and the Citizens impacted by the project to provide Project status, to discuss design criteria, design documents and project schedule. 1.3 Engineer shall consult with the CITY to gather existing information relative to the Project including on -going or planned construction projects in the work area, location of existing utilities and underground facilities, design criteria, construction plans and drawings, mapping, existing subsurface and geotechnical reports, existing topography map and survey information, etc. Exhibits of existing systems shall be provided in electronic format if available. 1.4 Engineer shall advise the CITY with respect to site surveying and the making of subsurface investigations, including borings, test pits, soil resistivity surveys, and other subsurface Explorations. Survey and Geotechnical Investigation Services are detailed in later sections. 1.5 Engineer shall assist CITY in securing bids and preparing formal contract documents for the Project as detailed in a later section. 1.6 Engineer shall schedule and conduct One (1) Public Meeting, at the final completion of design, with the CITY, Air Force Staff and the Citizens impacted by the project to provide Project status, to discuss design criteria, design documents and project schedule. 1.7 Facilities and systems to be designed will generally consist of the following: 1.7.1 Potable Water Distribution pipelines including fire hydrants, valves, and connections to existing system. 1.7.2 Replacement of concrete, asphalt or gravel paved roads required after pipe installation. Page 2 of 13 f:\projects\0425\033-01\0 opportunity\0-3 project\0-3-1 negotiations - scope schedule fee\0-3-1-1 client\reese waterline contract scope exhibit a-c.docx EXHIBIT A DESIGN SERVICES FOR THE REESE WATER LINE EXTENSION PROJECT CITY PROJECT NO.: 9/8/2021 1.8 Engineer shall perform general administrative services on the Project including liaison with the CITY, preparation of invoices and documentation of expenses, and other tasks required for effective and efficient Project administration. Invoices and documentation will be shared with the Air Force. 1.9 Engineer shall identify, consult with, and analyze requirements of governmental authorities having jurisdiction to review and approve engineering documents of the Project designed or specified by Engineer, including items identified in environmental assessments. 1.10 Engineer shall furnish such information necessary to utility companies whose facilities may be affected or services may be required for the Project. 1.11 Engineer shall furnish such information necessary to one railroad company and TxDOT which will be crossed in this project. 2.0 Conceptual Design Recommendation Summary, Water System Modeling and Environmental Phase Services 2.1 Identify waterline alignment available to CITY and, after consultation with CITY, recommend routes which in the Engineer's judgment meet CITY's requirements for the Project. 2.2 Estimate Water Demand from areas being served by the proposed waterlines. 2.3 Review hydraulic modeling for the system extension provided by the CITY to confirm pipe diameters, flow velocities, and pressure. 2.4 Prepare Technical Memorandum (TM) documenting changes to the model including assumptions, method, findings, and recommendations. 2.5 Prepare a Conceptual Design Recommendation Summary which will, as appropriate, contain process schematic layouts, sketches, and conceptual design criteria with exhibits to indicate the alignments, trenchless construction methods to CITY which Engineer recommends. For each recommended solution Engineer will provide the following, which will be separately itemized: Opinion of Probable Construction Cost; proposed allowances for contingencies. 2.6 Prepare a Cultural Resources Coordination Letter (CRCL) as required for state -level archeological resource regulatory compliance outlined in the Antiquities Code of Texas (ACT). The letter will provide cultural resource -related background/desktop- level review and coordination. Engineer will consult available desktop -level background information to determine the project's potential for impacting significant archeological and/or historical resources and compile that information into an ACT coordination letter for delivery to the Texas Historical Commission (THC). The letter will outline the proposed project, review available background information, and provide recommendations for project -related regulatory compliance. A draft will be sent to the CITY for review and revision, as necessary. Engineer will send the Page 3 of 13 f:\projects\0425\033-01\0 opportunity\0-3 project\0-3-1 negotiations - scope schedule fee\0-3-1-1 dient\reese waterline contract scope exhibit a-c.docx EXHIBIT A DESIGN SERVICES FOR THE REESE WATER LINE EXTENSION PROJECT CITY PROJECT NO.: 9/8/2021 approved letter to the THC for their formal, 30- day regulatory review and provide Client with the THC's comments and anticipated concurrence with letter's recommendations. 2.7 Furnish three (3) review copies of the Conceptual Design Recommendation, Hydraulic Evaluation Technical Memorandum and CRCL will be deliverables to CITY for review or distribution to the Air Force staff. 2.8 Schedule, prepare for, and conduct one (1) Quality Control (QC) review meeting with CITY and Air Force staff to review Conceptual Design Recommendation Summary, Hydraulic Evaluation Technical Memorandum, and CRCL. 2.9 Revise the Reports, TM or CRCL in response to CITY, Air Force, and Agency comments, as appropriate, and furnish three (3) copies of the revised documents to the CITY. 2.10 Engineer's services under this Phase will be considered complete on the date when the revised Report, TM and CRCL have been delivered to CITY or THC. 3.0 Right of Way, Easement, and Platting Survey Services 3.1 Prepare existing Right -of -Way (ROW) base map for Sections A and E. The base map shall include parcels and easements with current recording information; current property owner; existing platted easements and easements available in the public record including easements provided by utility owners; 2-dimensional drawing in digital format showing the above ground utilities located in the field as well as right- of-way strip map information, a 2-dimensional ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions. 3.2 Prepare subdivision plats for each separately owned parcel in Sections A and E. Subdivision plats and dedication documents will be provided to the CITY for execution and final documents will be provided for the Air Force. This scope item does not include obtaining landowner and/or lienholder signatures for dedication. 3.3 Prepare easement and/or ROW dedication documents as required in Sections A and E. 3.4 Establish on the ground staking of the location of the edge of new temporary construction easements, new permanent easements, and centerline of pipeline for assistance in land acquisition, if required. 3.5 Ground staking will include a stake lath and flagging at each point of intersection and approximately every three hundred (300) feet along straight runs. 3.6 The legal descriptions and plats shall be prepared in accordance with CITY's standards or requirements and meet the needs for easement acquisition. 3.7 Participate in up to twenty (20) coordination meetings with CITY, private property owner, TXDOT, Railroad, or agency as directed by CITY during the entire land acquisition process for this Project. Page 4 of 13 f.\projects\0425\033-01\0 opportunity\0-3 project\0-3-1 negotiations - scope schedule fee\0-3-1-1 dientlreese waterline contract scope exhibit a-c.docx EXHIBIT A DESIGN SERVICES FOR THE REESE WATER LINE EXTENSION PROJECT CITY PROJECT NO.: 9/8/2021 4.0 Pipeline Route Surveying Services 4.1 Obtain field information needed for design of the Project. Establish a horizontal and vertical survey control monumentation network for the Project. Control points and elevation benchmarks shall be set with substantial markers, such as Capped Iron Rods, Cut "X"s in concrete, etc. 4.2 Provide survey notes or electronic files with clear location and description of benchmarks and horizontal control points. Benchmarks shall be documented and retraceable. Establish the alignment of the proposed and existing pipelines and utilities in relation to the existing easements. 4.3 Provide a digital surface model, 200' each side of the center of the apparent right- of-way for alignment development of the proposed line. 4.4 Provide horizontal and vertical locations of existing improvements and physical features including fences, property lines (from publicly available sources; not field verified), roads, bridges, drainage structures, existing utilities, railroad crossing, and highway crossings located fifty (50) feet (minimum) either side of the centerline of the proposed pipeline. Survey will be delivered in NAD83 Texas State Planes, North Central Zone, US Foot, with elevations relative to Geoid 12B. 4.5 The general pipeline alignment for a total pipeline length of approximately 31,110 linear feet is anticipated. 4.6 Prepare plans for the Project, using a scale of 1" = 20' for plan/profile sheets, with adequate detail for land and easement acquisition. 5.0 Geotechnical Investigation Services 5.1 Provide for and coordinate geotechnical investigation required for design of Project. 5.2 Drill, classify, and perform pertinent tests on soils at up to fifteen (15) locations along pipeline route at depths to fifteen (15) feet and two (2) location along pipeline route at a depth of twenty-five (25) feet deep for the Railroad and TxDOT crossings. If number of borings or if average boring depth required exceeds these values, additional compensation will be requested as an Additional Service. 5.3 Provide recommendations for pavement design (concrete and asphalt) for the reconstruction of the existing roadways along the pipeline routes that will be impacted by construction activities. 5.4 Provide three (3) copies of geotechnical investigation summary report for CITY record. 6.0 Detailed Design Phase Services (60% Design) 6.1 Upon acceptance of the Conceptual Design Report, Engineer shall prepare Detailed Design Phase documents. Page 5 of 13 f.\projects\0425\033-01\0 opportunVO-3 project10-3-1 negotiations - scope schedule fee\0-3-1-1 clienNreese waterline contract scope exhibit ac.docx EXHIBIT A DESIGN SERVICES FOR THE REESE WATER LINE EXTENSION PROJECT CITY PROJECT NO.: 902021 6.2 Prepare Detailed, detailed, engineered Drawings and Specifications indicating the scope, extent, and character of the work as generally described in the Conceptual Design Recommendations Summary. The design will include the plan and profile of the proposed waterlines as well as detailed layouts for crossing the railroad and TxDOT highway. 6.3 Advise CITY if additional reports, data, information, or services of the types described herein are necessary and assist CITY in obtaining such reports, data, information, or services. 6.4 Based on the information contained in the Detailed Design Phase documents, prepare a revised Opinion of Probable Construction Cost, and assist CITY in collating the various cost categories which comprise Total Project Costs. 6.5 Subsurface Utility Engineering: Provide Signed and sealed subsurface Utility Engineering (SUE) shall be performed in accordance with Cl/ASCE 38-02 to Quality Level B and A as described below: Level B (includes tasks as described for Quality Level C) • Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits, and/or to trace a particular utility line or system. • Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey. Utilize paint or other method acceptable for marking of lines. • Unless otherwise directed, mark centerline of single -conduit lines, and outside edges of multi -conduit systems. • Resolve differences between designated utilities and utility records and surveyed appurtenances. • Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. • As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection, storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. Level A • Expose and locate utilities at specific locations. • Tie horizontal and vertical location of utility to survey control. • Provide utility size and configuration. • Provide paving thickness and type, where applicable • 10 Level A SUE are planned for this project. Page 6of13 fAprojects\0425\033-01\0 opportunity\0-3 project\0-3-1 negotiations - scope schedule fee\0-3-1-1 client\reese waterline contract scope exhibit a-c.docx EXHIBIT A DESIGN SERVICES FOR THE REESE WATER LINE EXTENSION PROJECT CITY PROJECT NO.: 9/8/2021 6.6 Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site 6.7 Schedule, prepare for and conduct one (1) Quality Control (QC) workshop to review the Detailed Design Phase documents with CITY's staff and Air Force Staff. 6.8 Furnish three (3) half-size copies of the plans and three (3) specifications for the Detailed Design Phase. 6.9 Engineer's services under the Detailed Design Phase will be considered complete two weeks after the receipt of the City's comments on the Detailed Design Documents. 7.0 Final Design Phase Services (90% & Final Design) 7.1 Upon acceptance of the Detailed Design Phase documents, revised Opinion of Probable Construction Cost as determined in the Detailed Design Phase and any other deliverables subject to any CITY directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from CITY, Engineer shall: 7.2 Prepare 90% and final, detailed, engineered sealed Drawings and Specifications indicating the scope, extent, and character of the work as generally described in this scope of services to be performed and furnished to the CITY for the purpose of providing the documents for Construction. 7.3 Provide technical criteria, written descriptions, and design data for CITY's use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the Project; assist CITY in consultations with such authorities; and revise the Drawings and Specifications in response to directives and comments from such authorities. Permits are expected for crossing Railroad and TxDOT. 7.4 Advise CITY of any adjustments to the Opinion of Probable Construction Cost known to Engineer. 7.5 Furnish three (3) half-size copies of the plans and three (3) copies of the specifications for the 90% Design Phase and any other deliverables to CITY at the 90% Completion Milestone. 7.6 Schedule, prepare for and conduct one (1) Quality Control (QC) meeting to review the 90% Design Phase documents with CITY's staff after the submittal of the 90% Complete Final Design Phase documents. 7.7 Prepare and furnish complete engineered sealed final design documents and bidding documents for review by CITY, its legal counsel, and other advisors, and assist CITY in the preparation of any other related bid documents. Page 7 of 13 f:\projects\0425\033-01\0 opportunity\0-3 project\0-3-1 negotiations - scope schedule fee\0-3-1-1 client\reese waterline contract scope exhibit a-c.docx EXHIBIT A DESIGN SERVICES FOR THE REESE WATER LINE EXTENSION PROJECT CITY PROJECT NO.: 9/8/2021 7.8 Furnish three (3) half-size and one (1) full size copy of the plans and four (4) copies of the specifications for the sealed final design and bidding documents. 7.9 Provide a copy of bid issue plans, bid documents, and bid specifications in electronic portable document file format (PDF). Other electronic file formats may be provided upon written request to the Engineer. 7.10 Engineer's services under the Final Design Phase will be considered complete on the date when the submittals required by Paragraph 7.9 have been delivered to CITY. 8.0 Bid Phase Services 8.1 Upon acceptance by CITY of the final design and bid documents and the most recent Opinion of Probable Construction Cost as determined in the Final Design Phase, and upon written authorization by CITY to proceed, Engineer shall: 8.2 Assist CITY in advertising and notifying construction news publications for and securing bids or proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, schedule and conduct one (1) pre -bid conference. The cost for notice publications shall be paid by the CITY. 8.3 Distribute bid documents, plans and specifications for the Project to prospective bidders as required. The non-refundable deposit received from prospective bidders for receipt of plans, specifications, and bid documents will be retained by Engineer to offset the Engineer's cost of printing, distributing and handling said documents. Engineer will furnish up to three (3) full-size sets of plans and specifications to plan rooms to be identified by the CITY. 8.4 Assist the prospective bidders in interpreting the plans and specifications through the preparation and issuance of addenda to clarify, correct or change the bid documents. Prepare responses to Bidder's questions and provide those responses to the CITY staff. 8.5 Assist the CITY in the opening, tabulation, analysis of the bids received and furnish recommendations on the award of the contracts or the appropriate actions to be taken by the CITY. 8.6 Consult with CITY as to the acceptability of contractor, subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the bid documents. 8.7 If required by bid documents, Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by bidders. Such evaluations shall be considered an Additional Service provided by the Engineer. Page 8of13 f:\projects\0425\033-01\0 opportun*0-3 project\0-3-1 negotiations - scope schedule fee\0-3-1-1 client\reese waterline contract scope exhibit a-c.docx EXHIBIT A DESIGN SERVICES FOR THE REESE WATER LINE EXTENSION PROJECT CITY PROJECT NO.: M12021 8.8 Incorporate any changes by addendum into the project documents and prepare Conformed for Construction plans and specifications. 8.9 Furnish one (1) full-size and three (3) half-size copies of the conformed plans and four (4) copies of the conformed specifications. 8.10 Perform or provide the following Bid Phase Services tasks or deliverables: 8.10.1 Bid Tabulations. 8.10.2 Recommendation of Award. 8.10.3 Assist the CITY in the preparation of formal contract documents for the Work. Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the contract for construction. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right -of -entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • USACOE environmental permitting. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Services related to preparation of Storm Water Pollution Prevention Plans. • Services related to the design of traffic control plans. • Services related to archeological field survey and reporting beyond the desktop level analysis described in this Exhibit if required by the Texas Historical Commission. • Additional meetings beyond those already included in this Exhibit • Additional geotechnical borings beyond those described in this Exhibit • Additional pipeline design efforts beyond those described in this Exhibit. • Additional easement and platting documents beyond those described in this Exhibit Page 9 of 13 f:\projects\0425\033-01\0 opportunity\0-3 project\0-3-1 negotiations - scope schedule fee\0-3-1-1 ciientXreese waterline contract scope exhibit a-c.docx PLUMMER ASSOCIATES, INC EXHIBIT B Payments to Engineer This Exhibit B is part of the Agreement between Plummer Associates, Inc. (the "Engineer") and the City of Lubbock (the °City") for a project generally described as: REESE WATERLINE EXTENSION PROJECT 1.0 BASIC SERVICES OF ENGINEER 1.1 City shall pay Engineer for Basic Services of Engineer described in Exhibit A, "Scope of Services" at a total compensation amount of $821,108, unless this Agreement is amended otherwise by the City Council. The final compensation for the major tasks can be over or under the estimated amount per task, as shown in the table below, as long as the total Not to Exceed amount is not surpassed. Task No. Task Name Total Budget Amount 1 General Services $ 38,254 2 Conceptual Design Recommendations Summary, Water System Modeling, and Environmental Phase Services $ 79,800 3 Easement and Platting Survey Services $ 289,157 4 Pipeline Route Surveying Services $ 155,787 5 Geotechnical Investigation Services $ 28,639 6 Detailed Design Phase Services (60% Design) $ 115,592 7 Final Design Phase Services (90% & Final Design) $ 86,343 8 Bid Phase Services $ 27,536 Total Basic Engineering Services $ 821,108 1.2 Cost reimbursable compensation shall be based on Engineer's personnel time at Engineer's hourly labor rates Table included in Section 4.0 of this Exhibit. All direct expenses, including mileage, travel and lodging expenses, but excluding subcontract expenses, applied to the Basic Services of Engineer, shall be paid at invoice or internal office cost plus a fifteen percent (15%) service charge. Subcontract expenses shall be paid at direct cost plus a fifteen percent (15%) service charge. All sales, use, value added, business transfer, gross receipts, or other similar taxes will be added to Engineer's compensation when invoicing Owner. Page 10 of 13 ftprojects\0425X033-01W opportunity\0-3 project%0-3-1 negotiations - scope_schedule fee\0-3-1-1 client\reese waterline contract scope exhibit a- c.docx EXHIBIT B DESIGN SERVICES FOR THE REESE WATER LINE EXTENSION PROJECT CITY PROJECT NO.: 9/8/2021 2.0 ADDITIONAL SERVICES 2.1 Owner shall pay Engineer for Additional Services of Engineer described in Exhibit A "Scope of Services. Compensation for Additional Services actually completed shall be paid on a cost reimbursable basis. 2.2 Cost reimbursable compensation shall be based on Engineer's personnel time at Engineer's hourly labor rates in the Hourly Rate Schedule for Professional Services. All direct expenses, including mileage, travel and lodging expenses, but excluding subcontract expenses, applied to the Additional Services of Engineer, shall be paid at invoice or internal office cost plus a fifteen percent (15%) service charge. Subcontract expenses shall be paid at direct cost plus a fifteen percent (15%) service charge. All sales, use, value added, business transfer, gross receipts, or other similar taxes will be added to Engineer's compensation when invoicing Owner. 3.0 DEFINITIONS 3.1 Direct Labor Costs: Salaries and wages paid to Engineer's personnel engaged directly on the Project, but do not include indirect costs, insurance costs, fringe benefits, overhead or profit. Direct Labor Cost is subject to annual calendar year adjustments. 3.2 Hourly Labor Rates: Direct Labor Cost plus a percentage applied to all such wages or salaries to cover payroll taxes, insurance premiums, benefits and all other overhead or profit. 3.3 Direct Expenses: All expenses incurred directly by the Engineer. These may include transportation costs, travel, meals, lodging, laboratory testing and analyses, telecommunication, computer services, document reproduction and processing, all direct expenses associated with outside consultants, and any other direct expense incurred by the Engineer. Page 11 of 13 f.\projects\0425\033-01\0 opportunVO-3 project\0-3-1 negotiations - scope schedule fee\0-3-1-1 clientkeese waterline contract scope exhibit a-c.docx EXHIBIT B DESIGN SERVICES FOR THE REESE WATER LINE EXTENSION PROJECT CITY PROJECT NO.: VIUMUZI 4.0 HOURLY RATE SCHEDULE — 2021 Staff Description Staff Code Range of Billing Rates Admin Staff Al-A3 $ 75.00 - $100.00 Senior Admin Staff A4 $ 85.00 - $130.00 Designer/Technician Cl-C2 $ 75.00 - $115.00 Designer/Technician III C3 $ 100.00 - $ 130.00 Senior Designer/Technician C4 $ 125.00 - $ 160.00 Engineer/Scientist Intern ESO $ 50.00 - $ 95.00 Engineer-in-Training/Scientist-in-Training ES1-ES2 $ 95.00 - $130.00 Engineer-in-Training/Scientist-in-Training III ES3 $ 105.00 - $ 140.00 Project Engineer/Scientist ES4 $ 120.00 - $ 150.00 Senior Project Engineer/Scientist ES5 $ 135.00 - $195.00 Project Manager ES6 $ 175.00 - $ 245.00 Senior Project Manager ES7 $ 215.00 - $ 275.00 Principal I ES8 $ 250.00 - $ 330.00 Principal II ES9 $ 290.00 - $ 400.00 Billing rates are based on "salary cost" times a multiplier of 2.3. Salary cost is based on direct payroll costs times 1.43. Salary cost includes direct payroll costs, payroll taxes, vacation, holiday, sick leave, employee insurance, and other fringe. Range of billing rates shown may be adjusted by up to 4 percent annually (at the beginning of each calendar year) during the term of this agreement. The multipliers shown will not be adjusted. A multiplier of 1.15 will be applied to all direct expenses. A technology charge will be billed at $5 per labor hour. Page 12 of 13 f:\projects\0425\033-01\0 opportunity\0-3 project\0-3-1 negotiations - scope schedule fee\0-3-1-1 dient\reese waterline contract scope exhibit a-c.docx PLUMMER ASSOCIATES, INC EXHIBIT C Project Schedule This Exhibit C is part of the Agreement between Plummer Associates, Inc. (the "Engineer") and the City of Lubbock (the "City") for a project generally described as: REESE WATERLINE EXTENSION PROJECT 1.0 The time period for performance of Basic Services of Engineer and as detailed in Exhibit A - "Scope of Services" is as indicated below: 1.1 Design phase services (including conceptual, detailed, final design, and bid phase services described in Exhibit A) will be completed no later than 300 calendar days after the execution date of this Agreement plus such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the final design documents, if such approval is to be obtained during the Design Phase. Page 13 of 13 f:lprojectsk=5\033-0110 opportunity\0-3 project10-3-1 negotiations - scope_scheduie fee\0.3.1-1 client\reese waterline contract scope exhibit a- c.docx