HomeMy WebLinkAboutResolution - 2018-R0236 - Alan Plummer Associates - 07/26/2018Resolution No. 2018-RO236
Item No. 6.4
July 26, 2018
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, Amendment No. 1 to that certain Agreement dated February
26, 2015 for professional services related to the Northwest Water Reclamation Plant Construction
Project, by and between the City of Lubbock and Alan Plummer Associates, Inc., and related
documents. Said Amendment 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 T„lv 2f, 2019
DANIEL M. POPE, MAYOR f
ATTEST:
APPROVED AS TO CONTENT:
C
Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
Ly&I -
-X0VAL
elli Leisure, Assistant City Attorney
ccdocs/RES.Amend #1 Agrmt-12225.Northwest Water Reclamation Plant Construction Project
06.29.2018
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofl
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2018-371082
Alan Plummer Associates, Inc.
Fort Worth, TX United States
Date Filed:
06/21/2018
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
12225
Construction of new water reclamation plant to serve the northwest sector of Lubbock.
4 Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Coonan, Steve
Austin, TX United States
X
Hunt, Rex
Austin, TX United States
X
Davis, Alan
Fort Worth, TX United States
X
Gudal, David
Fort Worth, TX United States
X
Young, Chris
Fort Worth, TX United States
X
McDonald, Ellen
Fort Worth, TX United States
X
Tucker, Alan
Dallas, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My address is 1320 S. University Dr., Suite 300 Fort Worth TX 76107 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Tarrant County, State of Texas on the 21 day of June 20 18
(month) (year)
%
Signa re of authorized agent of contractIrT9 business entity
(Declarant)
Forms nrovided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
12018-371082
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Alan Plummer Associates, Inc.
Fort Worth, TX United States
Date Filed:
06/21/2018
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
07/16/2018
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
12225
Construction of new water reclamation plant to serve the northwest sector of Lubbock.
Nature of interest
4
Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
Intermediary
Coonan, Steve
Austin, TX United States
X
Hunt, Rex
Austin, TX United States
X
Davis, Alan
Fort Worth, TX United States
X
Gudal, David
Fort Worth, TX United States
X
Young, Chris
Fort Worth, TX United States
X
McDonald, Ellen
Fort Worth, TX United States
X
Tucker, Alan
Dallas, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the
day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523
Resolution No. 2018-RO236
Amendment l
To Agreement Between
The City of Lubbock, TX
and
Alan Plummer Associates, Inc.
THIS 1S THE FIRST AMENDMENT TO THE AGREEMENT dated and entered into on the 2611 day of
February 2015, Contract No. 12225, by and between the City of Lubbock ("City") and Alan Plummer
Associates, Inc. ("Engineer"), a Texas professional corporation.
Engineer is providing professional services related to the Northwest Water Reclamation Plant
Construction Project.
In accordance with the terms and provisions of the agreement, the City previously granted the Engineer a
six (6) month extension of time with the City Engineer's approval. Now, therefore, the City and Engineer
enter into this first amended agreement in order to grant Engineer an additional six (6) months of time in
order to complete the professional services contracted for in the original terms of the agreement.
Additionally, this amendment grants Engineer additional consideration for continued services in an
amount not to exceed $245,000 as per Exhibit "A", and at the hourly rates provided for in Exhibit "B".
All other portions of the original Agreement and previous Amendments, if any, shall remain in place and
are not altered by this amendment.
IN WITNESS HEREOF, the parties have executed this Agreement as of this 26th day of
July 2018.
CI OF LUBBOCK
DANIEL M. POPE, M yor
ATTEST:
4ReRebe ca Gana, City Secretary
APPROVED AS TO CONTENT:
Alan Plummer Associates, Inc.
David Gudal, rinci
J n Turpin, P.E.
ssi4
stant City E ineerlCapital Projects and Design
Page 1 of 2
APPROVED AS TO FORM:
K li Leisure, Assistant City Attorney
Page 2 of 2
ALAN PLUMMER ASSOCIATES, INC.
EXHIBIT A
This Exhibit A is part of the Agreement between Alan Plummer Associates, Inc. (APAI) (the "Engineer") and
the City of Lubbock (the "City") for a project generally described as:
NORTH WEST WATER RECLAMATION PLANT (NWWRP)
CONSTRUCTION PHASE SERVICES
The purpose of this Agreement is to provide construction administration phase services, resident project
representative (RPR) services, and inspection services.
This Agreement may be amended to include the NWWRP warranty and post construction phase services.
1.0 Northwest Water Reclamation Plant - General Construction Administration Phase Services
1.01 The Engineer's responsibility to provide Basic Services, as set forth herein, for the
Construction Phase of the Project under this Agreement provides services for the extended
construction duration of eight (8) months.
1.02 Construction Phase duties, responsibilities, and limitations of the Engineer shall not be
restricted, modified, or extended without agreement of the City and Engineer in writing.
1.03 The Engineer shall be a representative of and shall advise and consult the City during
construction. The Engineer shall have the authority to act on behalf of the City only to the
extent provided in this Agreement unless otherwise modified by written instrument.
1.04 Engineer's Personnel at Construction Site
1.04.1 The presence and duties of Engineer's personnel at a construction site, whether
as onsite representative or otherwise, do not make the Engineer or its personnel
in any way responsible for those duties that belong to the City and/or construction
contractors or other entities, and do not relieve the construction contractors or any
other entity from their obligations, duties, and responsibilities, including, but not
limited to, all construction methods, means, techniques, sequences, and
procedures necessary for coordinating and completing all portions of the
construction work in accordance with the contract documents and any health
and/or safety precautions by such construction work.
1.04.2 Engineer and its personnel have no authority to exercise any control over any
construction contractor or other entity or their employees in connection with their
work or any health and/or safety precautions related to such work and have no
duty for inspecting, noting, observing, correcting, or reporting on health and/or
safety deficiencies of the construction contractors or other persons at the site
except Engineer's own personnel.
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1.04.3 The presence of the Engineer's personnel at a construction site is for the purpose
of providing the Engineer and the City a greater degree of confidence that the
completed work will conform generally to the contract documents and that the
integrity of the design concept, as reflected in the contract documents, has been
implemented and preserved. The Engineer neither guarantees the performance of
any construction contractor nor assumes responsibility for contractor's failure to
perform the work in accordance with the contract documents.
1.1 Internet -based Construction Management
1.1.1 The Engineer will maintain, for use by the City and selected contractors, an internet-based
construction management system for an additional ten (10) months.
1.1.1.1. Maintain the project construction management system consistent with the
requirements of the construction contract documents. Monitor the processing of
contractor's submittals and provide for filing and retrieval of project documentation.
Produce monthly reports indicating the status of all submittals in the review
process.
1.1.1.2. Monitor the progress of the contractor in sending and processing submittals to see
that documentation is being processed in accordance with schedules.
1.1.1.3. Submit monthly reports of construction progress. Reports will describe
construction progress in general terms and summarize project costs, cash flow,
construction schedule, and pending and approved contract modifications.
1.2 Pre -construction Conference
1.2.1 NOT USED
1.3 Site Visits
1.3.1 The Engineer shall visit the construction site, when construction is in progress, to become
familiar with the progress and quality of the work and to determine if the work is being
performed in a manner that indicates that the work, when completed, will be in accordance
with the contract documents. The number of site visits shall not exceed twelve (12) for the
remainder of the plant project.
1.3.2 Additional site visits beyond those listed will be an Additional Service.
1.3.3 In addition, on the basis of these on -site observations as an engineer, the Engineer shall
keep the City informed of the progress and quality of the work, and shall exercise reasonable
care and due diligence in discovering and promptly reporting to the City any defects or
deficiencies of the contractor or any subcontractor. Notify the Contractor, who is defined as
that person or company that has entered into a contract with the City to complete the Project,
of non -conforming work observed on site visits.
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1.3.4 The City's approval, acceptance, use of, or payments for all or any part of Engineer's services
hereunder or the project itself shall in no way alter the Engineer's obligations or the City's
rights hereunder.
1.4 Construction Progress Meetings
1.4.1. The Engineer will participate in up to three (3) monthly construction progress meetings for
the NWWRP, the same day as the site visits.
1.4.2. The Engineer will prepare and distribute agendas and meeting notes for each meeting.
1.4.3. Additional meetings beyond those listed will be an Additional Service.
1.5 The Engineer will review samples; catalog data; schedules; shop drawings; laboratory, shop, and mill
tests of materials and equipment; and other data pursuant to the general conditions of the
construction contract. Review quality related documents provided by the contractor such as test
reports, equipment installation reports or other documentation required by the construction contract
documents. The fee is based on review of up to 20 shop drawings and 20 O&M Manuals for the
remainder of the plant project. This review is for the benefit of the City and covers only general
compliance with the information given by the construction contract documents. It does not relieve the
Contractor of any responsibilities such as dimensions to be confirmed and correlated at the job site,
appropriate safety measures to protect the workers and the public, or the necessity to construct and
complete a workable facility in accordance with the construction contract documents.
1.6 The Engineer will interpret the intent of the plans and specifications and respond to requests for
information (RFIs) for the City and contractors. The fee is based on processing up to 5 RFIs.
1.7 Engineer will:
• Review Contractor Modification Requests (CMRs) and prepare Proposed Contract
Modifications (PCMs) for items identified during construction that are necessary or requested
by the City or Contractor, but are not in accordance with the construction documents.
• Prepare documentation for contract modifications required to implement modifications in the
design of the project. The fee is based on processing up to 5 contract changes.
• Establish procedures for administering constructive changes to the construction contracts.
Process contract modifications and negotiate with the contractor on behalf of the City to
determine the cost and time impacts of these changes. Prepare change order documentation
for approved changes for execution by the City.
• Document and prepare field orders, where cost to City is not impacted.
• Receive and evaluate notices of contractor claims and make recommendations to the City on
the merit and value of the claim on the basis of information submitted by the contractor or
available in project documentation. Endeavor to negotiate a settlement value with the
Contractor on behalf of the City if appropriate. Providing these services to review or evaluate
construction contractor(s) claims(s), supported by causes not within the control of Engineer are
an additional service.
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1.7.1.Investigations, analyses, studies or design for substitutions of equipment or materials,
corrections of defective or deficient work of the contractor or other deviations from the
construction contract documents requested by the contractor and approved by the City are an
additional service. The fee is based on the shop drawing reviews, RFIs, and CMRs listed
above. If additional reviews are necessary, due to incomplete submittals, or multiple review
iterations, and if the RFIs and requested changes are beyond the estimated amounts, such
that the combined budgeted fee for these items is exceeded, this will be considered an
additional service. Substitutions of materials or equipment or design modifications requested
by the City are an additional service.
1.8 The Engineer will review and comment on up to twelve (12) monthly and one (1) final estimate for
payment to contractor, pursuant to the general conditions of the construction contract.
Recommendations by the Engineer to the City for periodic construction progress payments to the
construction contractor will be based on the Engineer's knowledge, information, and belief from
selective sampling that the work has progressed to the point indicated. Such recommendations do
not represent: that continuous or detailed examinations have been made by the Engineer to ascertain
that the construction contractor has completed the work in exact accordance with the contract
documents; that the final work will be acceptable in all aspects; that the Engineer has made an
examination to ascertain how or for what purpose the construction contractor has used the monies
paid; that title to any of the work, materials, or equipment passed to the City free and clear of liens,
claims, security interested, or encumbrances; or that there are no other matters at issue between the
City and the construction contractor that affect the amount that should be paid.
1.9 Substantial and Final Review
1.9.1. The Engineer has conducted, in the company of the City's representative, a substantial
completion review of the project for conformance with the design concept of the project and
general compliance with the contract documents and provided a list of deficiencies to the
contractor.
1.9.2. The Engineer will conduct, in the company of the City's representative, a final review of the
project for conformance with the design concept of the project and general compliance with
the contract documents, verify that items identified on the deficiency list from the substantial
completion review have been completed, and make recommendation for final payment to the
contractor.
1.10 Record ("As -built") Drawings
1.10.1. The Engineer will revise the construction drawings in accordance with the information
furnished by the construction contractor and the Resident Project Representative reflecting
changes to the project made during construction. Record drawings are defined as the
drawings produced by the Engineer's modifications to the original design drawings to reflect
the changes during the construction.
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1.10.2. The Engineer will prepare record drawings, in part, on the basis of information compiled and
furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the project was finally constructed.
1.10.3. The Engineer is not responsible for any errors or omissions in the information from others
that are incorporated into the record drawings.
1.10.4. Record drawings for the project will be issued by the Engineer within sixty (60) days after the
comments and markups are provided by the construction contractor and the City.
1.10.5. The Engineer will provide the City with one (1) digital copy in Adobe PDF on a USB thumb
drive, two (2) full-sized (22" x 34") sets of reproducible prints (unbound, Mylar), two (2) half -
sized (11" x 17") sets of plans (bound, bond), and two (2) full-sized (22" x 34") sets of plans
(bound, bond) to the City. Engineer will request that the Contractor furnish a red -lined original
or copy of the as-builts used to prepare the record drawings.
2.0 Onsite Resident Project Representation (RPR) and Inspection Services
2.1. During construction, the Engineer shall provide an onsite resident project representative (RPR) and
observation staff, in accordance with the Engineer's recommendations, who shall review the work of
the construction contractor and report to the City, the Engineer, and the construction contractor
opinions of the contractor's fulfillment of these recommended actions and adherence to the plans and
specifications. The Engineer's project representatives shall endeavor to protect the City against
defects and deficiencies in the work and to assure the work is carried out in conformance with the
plans and specifications. However, the Engineer neither guarantees the performance of the
contractor nor assumes responsibility for the contractor's failure to perform work in accordance with
the contract documents.
2.2. The RPR will be the primary point of contact and communications for all parties on the Project, which
is defined as the construction of the Northwest Water Reclamation Plant. The RPR shall at all times
have access to the Work whenever it is in preparation or progress. The onsite project representative
and observation services staff shall be provided as described below:
2.2.1. NWWRP RPR —Professional Engineer onsite, 2 months three -fourths time, 2 months half
time, and 4 months one -quarter time.
2.2.2. City Engineer shall review qualifications of RPR and observation staff proposed by Engineer
for the project, and shall have the right to reject individuals. City Engineer also has the right
to request observation staff or RPR be removed from the site and request alternative
personnel be provided.
2.2.3. If additional time is required beyond that stated above, the Engineer may request additional
compensation or relief by the City's personnel.
2.3. Project Documentation
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2.3.1. The RPR will maintain detailed records of the Project, including monitoring and documenting
the daily work in a daily log of personnel onsite, subcontractor's personnel, equipment being
utilized, delivery of equipment and materials, and testing agencies. RPR will summarize in
weekly and monthly reports to the City.
2.3.2. The RPR will monitor the Contractor's actual progress relative to his planned construction
schedule. He will provide reports of actual versus planned progress. The RPR will take
weekly photographs electronically of the progress and maintain a digital copy of them in an
organized fashion. Submit monthly summary of status of major facilities to City.
2.3.3. The RPR will coordinate with the Contractor the startup and testing of each treatment unit
and piece of equipment per the contract documents. He will create a log tracking installation
reports, startup, testing, and training. The RPR will create and maintain a log of all equipment
warranty start and end dates, and when the City takes ownership of each item. The RPR will
work with the Engineer and City to create interim punch lists for the Contractor for each
treatment unit as it is started up. These punch lists will be compiled into an overall plant
punch list, which will be issued to the Contractor upon issuance of substantial completion.
The RPR will coordinate with the Contractor to work through the items on the punch list.
2.4. Progress Payments
2.4.1. The RPR will review the draft payment requests for delivery of materials, and quantities
completed and recommend City action on contract progress payments. Upon receipt of the
contractor's payment request and the recommendation of the onsite project representatives,
the Engineer will review the progress payment.
2.4.2. Based on the Engineer's and resident project representative's observations at the site of the
work and evaluations of the contractor's estimates for payment, the Engineer shall review
and certify the amounts due the contractor.
2.4.3. The Engineer's certification for payment shall constitute a representation to the City based
on the Engineer's observation at the site and on the data comprising the contractor's
estimates for payment, that the work has progressed to the point indicated and that the quality
of work is in accordance with the contract documents. The foregoing representations are
subject to minor deviations from the contract documents. The issuance of a certificate of
payment shall further constitute a representation that the contractor is entitled to the payment
in the amount certified. However, the issuance of a certificate of payment shall not be a
representation that the Engineer has (1) reviewed construction means, methods, techniques,
sequences, or procedures, or (2) ascertained how or for what the purpose the contractor has
used money previously paid on account of the contract.
2.5. Construction Observation
2.5.1. The onsite RPR and observation staff will provide field observation for conformance of the
contractor's work with plans and specifications and notify the contractor and the City of any
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observed nonconforming work and monitor the progress of the contractor's corrective
actions. The onsite RPR shall not be responsible for means, methods, techniques,
sequences, or procedures of construction selected by the contractor or the safety precautions
and programs incident to the work of the contractor.
2.5.2. The onsite project representative shall have the responsibility and authority to reject work
that does not conform to the contract documents. Whenever the onsite project representative
considers it necessary or advisable for implementation of the intent of the contract
documents, the onsite project representative will recommend additional inspection or testing
of the work in accordance with the provisions of the contract documents, whether or not such
work is fabricated, installed, or completed. However, neither this authority of the onsite
project representative nor a decision made in good faith either to exercise or not exercise
such authority shall give rise to a duty or responsibility of the onsite project representative to
the contractor, subcontractor, their agents, employees, or other persons performing portions
of the work.
2.6. Coordinate the work of testing laboratories and inspection bureaus required for the testing or
inspection of materials, witnessed tests, factory testing, etc. for quality assurance of the Project which
is not the same as the quality control testing performed by the Contractor. RPR will coordinate factory
witness testing, when required, between the Contractor, City, and Engineer.
2.7. Assist in the transfer of and acceptance by the construction contractor of any City furnished
equipment or materials and spare parts by the construction contractor to the City.
2.8. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final
payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from
the contractor. Review and comment on the certificate of completion and the recommendation for
final payment to the Contractor(s). Recommend to the City the dates of substantial completion and
final completion and assist the City in scheduling startup and use of the complete facility. The RPR
will obtain required manuals, guarantees, record drawings, and other documentation from the
Contractor and deliver to the Engineer for review or for delivery to the City.
2.9. Management and Coordination
2.9.1. Provide RPR and observation staff oversight and management. Senior level staff shall make
monthly visits to the site for observation and coordination. Project manager shall make an
average of (3) visits to the site per month for two months, and one visit per month for an
additional six months. At least one of the site visits will be concurrent with a monthly
construction progress meeting or other site visit. Project manager shall be on site 2 or 3 days
a month, in addition to time required under task 1 and task 3, as required based on the need
for construction observation.
3.0 Startup Services (NOT USED)
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4.0 Preparation of O&M Manual (NOT USED)
5.0 Project Management and Quality Control
5.1. Provide project management activities to properly plan the work, sequence, manage, coordinate,
schedule, and monitor the scope tasks and completion of the tasks. Conduct internal team
coordination as required to accomplish the work.
5.2. Provide monthly status updates to the City describing and showing the percent complete for scope
tasks and the issues, budget status, and schedule for up to 8 months beginning in May 2018.
5.3. Coordinate, prepare, and review monthly invoices for payment.
5.4. Maintain and update on a monthly basis, an action item log, a decision log, and project change log
as well as the schedule in an electronic online system (i.e., Project Mates). Post all deliverables on
online accessible system.
6.0 Field Testing for Quality Assurance (NOT USED)
ADDITIONAL ENGINEERING SERVICES
Additional engineering services may be performed by the Engineer, if authorized by the City, which are not
included in the above -described Basic Engineering Services, as described below:
1. Preparing applications and supporting documents for grants, loans, or planning advances for providing
data for detailed applications.
2. Providing additional copies of reports, plans, specifications, and contract documents.
3. Processing additional shop drawings, O&M Manuals, RFIs or CMRs/PCMs above the combined
numbers specified in Basic Services.
4. Attending additional meetings or site visits or additional inspection or RPR services not covered in Basic
Services.
5. Preparing environmental impact statements, storm water discharge permits, and 404 permit
applications, except as specifically included in the Basic Engineering Services.
6. Excessive submittal reviews.
7. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties
other than condemnation proceedings arising from the development or construction of the project,
including the preparation of engineering data and reports for assistance to the City.
8. Investigations involving detailed consideration of operation, maintenance and overhead expenses, and
the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
evaluations, assessment schedules, and material audits for inventories required for certifications by
force account performed by the City.
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9. Payment of fees for permit applications and publication of notices.
10. Public relations activities and consulting services.
11. Programming of and furnishing preventative maintenance software or O&M software other than as
specified above.
12. If City desires to obtain increased capacity rating from the Texas Commission on Environmental Quality
("TCEQ") for MBR as a result of full scale test, submit draft protocol to TCEQ for review. Incorporate
TCEQ comments and submit draft test report for uprating to TCEQ.
13. Any other additional services that may be required by the City for completion of the Project that are not
included in the Basic Engineering Services.
Additional Engineering Services, which may be required by the City, shall be based on the actual hours and
costs in accordance with Exhibit B. No work will be undertaken with this item without specific written
authorization from the City.
OTHER PROVISIONS
The Engineer's compensation is based on immediate authorization to proceed and timely completion of the
project. If the project timing deviates from the assumed schedule for causes beyond the Engineer's control,
the Engineer reserves the right to request renegotiation of the rates for those portions affected by the time
change according to the hourly rates listed in Exhibit B.
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NORTHWEST WATER RECLAMATION PLANT CONSTRUCTION PHASE SERVICES
1. Budget Amount by Scope Item
Task
Item
Task Name
Estimated Budget
Amount
1
General Construction Admin
$145,000
2
Onsite Resident Engineer and Observation Staff
$85,000
3
Startup and Testing Services
$0
4
Operation and Maintenance Manual
$0
5
Project Management and Quality Control
$15,000
6
j Field Testing for Quality Assurance
$0
Total Basic Engineering Services (Not to Exceed)
$245,000
2. Terms of Payment
Payments to the Engineer will be made as follows:
A. The Engineer shall provide the City sufficient documentation to reasonably substantiate the
invoices.
B. The Engineer will issue monthly invoices for all work performed under this Agreement. Invoices
are due and payment within 30 days of approved receipt.
C. In the event of a disputed or contested billing, only that portion so contested will be withheld
from payment, and the undisputed portion will be paid. The City will exercise reasonableness
in contesting any bill or portion thereof. No interest will accrue on any contested portion of the
billing until mutually resolved.
D. If the City fails to make payment in full to the Engineer for billings contested in good faith within
60 days of the amount due, the Engineer may, after giving seven (7) days' written notice to
City, suspend services under this Agreement until paid in full, including interest. In the event of
suspension of services, the Engineer shall have no liability to the City for delays or damages
caused the City because of such suspension of services.
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3. Direct Expenses (Reimbursable)
A. The Engineer's Reimbursable Expenses, when part of the basis of compensation, are those
costs incurred on or directly for the City's project, including, but not limited to: necessary
transportation costs, including Engineer's current rates for Engineer's vehicles; meals and
lodging; laboratory test and analyses; computer services; word processing services, telephone,
printing, binding, and reproduction charges; all reimbursable costs associated with outside
consultants, subconsultants, subcontractors, and other outside services and facilities; and
other similar costs. Reimbursement for Reimbursable Expenses will be on the basis of actual
charges when furnished by commercial sources and on the basis of current rates when
furnished by the Engineer. Engineer and subcontractor direct (reimbursable) expenses will be
billed at cost plus a 10 percent (10%) surcharge.
B. The Engineer will be paid on an hourly basis rate, as shown in Exhibit B, and any subcontractor
personnel services will be billed at cost as shown in Exhibit B. Engineer and subcontractor
direct (reimbursable) expenses will be billed at cost plus a 10 percent (10%) surcharge.
C. The Engineer shall keep records on the basis of generally accepted accounting practices of
costs and expenses and such records shall be available for inspection by the City during normal
business hours.
4. Not to Exceed Compensation
The Engineer will perform the services described in Exhibit A at a "Not to Exceed" total
compensation amount of $245,000, unless this Agreement is amended otherwise by the City
Council. The final compensation for the major tasks can be over or under the estimated budget
amount per task, as shown in No. 1 of this Exhibit B, as long as the total "Not to Exceed" amount
is not surpassed.
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ALAN PLUMMER ASSOCIATES, INC.
EXHIBIT B
This Exhibit B is part of the Agreement between Alan Plummer Associates, Inc. (the "Engineer") and the
City of Lubbock (the "City") for a project generally described as:
NORTHWEST WATER RECLAMATION PLANT
CONSTRUCTION PHASE SERVICES
Hourly Fee Schedule (2018):
Staff Description
Alan Plummer Associates, Inc.
Staff Code
Billing Rate
Admin. Staff
Al — A3
$ 80.00
Senior Admin. Staff
A4
$105.00
Designer/Technician
C1 — C2
$ 95.00
Senior Designer/ Technician
C3 — C4
$ 135.00
Engineer -in -Training
Scientist -in -Training
ES1 — ES3
$ 125.00
Project Engineer/ Scientist
ES4
$ 140.00
Senior Project Engineer/Scientist
ES5
$ 160.00
Project Manager
ES6
$ 198.00
Senior Project Manager
ES7
$ 240.00
Principal
ES8 — ES9
$ 280.00
Registered Professional Land Surveyor
Sr. Inspection Staff
Resident Project Representative
$ 179.00
Architect
Env./Archeological
Process Specialist
Electrical/Inst. Engr.
Sr. Elect/Instr. Engr.
$ 240.00
A multiplier of 1.10 will be applied to all reimbursable expenses. Reimbursable expenses will include reproduction
expenses, and traveling expenses per Exhibit B.
The above fee schedule shall remain in effect for the duration of the project.
FAprojects\0425\018-05\3-0 Administration\3-1 CONTRACT_AGREEMENT\3-1-1 CONTRACTS\Extension\Exhibit_B.docx