Loading...
HomeMy WebLinkAboutResolution - 3459 - Agreement - Black & Veatch - Design Service, SE WT & Disposal Facilities - 09/27/1990 (2)Resolution # 3459 September 27, 1990 Item #27 DGV:dw RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Engineering Services by and between the City of Lubbock and Black & Veatch, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of September , 1990. Q7C 4.14- .CMcMINN, MAYOR angtte Boyd, MW Secretary APPROVED AS TO CONTENT: n A. HawKlns, FA., ulrector ter Utilities I1a2 t01Tl I 11F.&Mfill 1il lug Wald G. Van fiver, First A sistan City Attorney Resolution #3459 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, between the City of Lubbock, Texas (hereinafter referred to as Owner) and Black & Veatch (hereinafter referred to as Engineer); 361► U1411A WHEREAS, Owner intends to construct a new pipeline from the existing Southeast Water Reclamation Plant to the Irrigation Terminal Storage Reservoir, a new Plant and Administration/Maintenance and Operations Building, new Headworks and Solids Handling Facilities, a new Discharge Pipeline and Facilities downstream of Lake Ransom Canyon, Rehabilitation of Plants 2 and 3 and Existing Laboratory Building (hereinafter referred to as the Project); and, WHEREAS, Owner requires certain professional services in connection with the Project (hereinafter referred to as the Services); and, WHEREAS, Engineer is prepared to provide such Services; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be 1990. ARTICLE 2 - SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Services described in Attachment A, Scope of Services, which is attached hereto and incorporated by reference as part of this Agreement; and as described in Chapter 8 of the Engineering Plan (City of Lubbock SRF Project, 1990); and as further described in Engineer's proposal dated August 21, 1990, all of which are incorporated by reference as part of this Agreement. ARTICLE 3 - COMPENSATION Owner shall pay Engineer in accordance is attached hereto and incorporated by with Attachment B, Compensation, which reference as part of this Agreement. ARTICLE 4 - STANDARD OF CARE Engineer shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional engineer under similar circumstances and Engineer shall, at no cost to Owner, re -perform services which fail to satisfy the foregoing standard of care. ARTICLE 5 - LIMITATIONS OF RESPONSIBILITY Engineer shall not be responsible for actual construction means, methods, techniques, sequences, procedures, or safety precautions and programs used in connection with the Project by construction contractor. Engineer shall assist the Owner in the administering of its construction contracts with any contractor, subcontractor, vendor, or other project participant in order to fulfill contractual or other responsibilities to the Owner or to comply with federal, state, or local laws, ordinances, regulations, rules, codes, orders, criteria, or standards. ARTICLE 6 - OPINIONS OF CONSTRUCTION COST AND CONSTRUCTION SCHEDULE Since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, Engineer's cost estimates shall be made on the basis of qualification and experience as a professional engineer. Since Engineer has no control over the resources provided by others to meet contract schedules, Engineer's forecast schedules shall be made on the basis of qualification and experience as a professional engineer. Engineer cannot and does not guarantee that proposals, bids or actual project costs will not vary from his cost estimates or that actual schedules will not vary from his forecast schedules. ARTICLE 7 - LIABILITY AND INDEMNIFICATION 7.1 General. Having considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promises included herein, owner and Engineer agree to allocate such liabilities in accordance with this Article 7. Words and phrases used in this Article shall be interpreted in accordance with customary insurance industry usage and practice. 7.2 Indemnification. Engineer agrees to defend, indemnify, and hold Owner whole and harmless against all claims for damages, costs, and expenses of persons or property that may solely arise out of, or be occasioned by, or from any negligent act, error, or omission of Engineer, or any agent, servant, or employee of Engineer in the execution or performance of this Contract. 7.3 Defense of Claims. In the event an action for damages is filed in which negligence is alleged on the part of Owner and Engineer, Engineer agrees to defend Owner. In the event Owner accepts Engineer's defense, Owner agrees to indemnify and reimburse Engineer on a pro rata basis for all expenses of defense. Owner also agrees to indemnify and reimburse Engineer on a pro rata basis for any judgment or amount paid by Engineer in resolution of such claim. Such pro rata share shall be based upon a final judicial determination of negligence or, in the absence of such determination, by mutual agreement. 7.4 Employee Claims. Engineer shall indemnify Owner against legal liability for damages arising out of claims by Engineer's employees. Owner shall indemnify Engineer against legal liability for damages arising out of claims by Owner's employees. 7.5 Limitations of Liability. To the fullest extent permitted by law, Engineer's total liability to Owner for any and all injuries, claims, losses, expenses or damages arising out of or in any way related to the Project or this Agreement from any cause or causes including but not limited to Engineer's negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the minimum amounts required by Article 10 of this Agreement. 7.6 Other Project Indemnities. Indemnity provisions shall be incorporated into all Project contractual arrangements entered into by Owner and shall protect Owner and Engineer to the same extent. 7.7 Survival. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. ARTICLE 8 - INDEPENDENT CONTRACTOR Engineer undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of its own performance and that of its subcontractors, agents and employees. Owner shall have no right to supervise the methods used but Owner shall have the right to observe such performance. Engineer shall work closely with owner in performing Services under this Agreement. ARTICLE 9 - COMPLIANCE WITH LAWS In performance of the Services, Engineer will comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. Engineer shall possess the licenses necessary to allow Engineer to perform the Engineering Services. Engineer shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A, Scope of Services. ARTICLE IO - INSURANCE Prior to the time Engineer is entitled to commence any part of the services under this Contract, Engineer shall procure, pay for, and maintain the following insurance written by companies licensed in the State of Texas or meeting surplus lines requirements of Texas law and acceptable to Owner. The insurance shall be evidence by delivery to Owner of (1) certificates of insurance, executed by the insurer, listing coverage and limits, expiration date and term of policy, and certifying that the insurer is licenses to do business in Texas or meets the surplus lines requirements of Texas law, or (2) a certified copy of each policy, including all endorsements. The insurance requirements shall remain in effect throughout the term of this Contract. A. Comprehensive General Liability Insurance The Engineer shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury and $300,000 Property Damage per occurrence to include: Premises and Operations Explosion and Collapse Hazard Underground Damage Hazard Products and Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The Owner is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Comprehensive Automobile Liability Insurance The Engineer shall have Comprehensive Automobile Liability Insurance with limits of not less than: Bodily Injury $250/$500,000 Property Damage $100,000 to include all owned and non -owned cars including Employers Non -ownership Liability Hired and Non -owned vehicles The Owner is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. C. Excess Unbrella Liability Insurance The Engineer shall have Excess or Umbrella Liability Insurance in the amount of $5,000,000 with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages The Owner is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Worker's Compensation and Employer's Liability Insurance As required by State statute covering all employees whether employed by the Engineer or any Subcontractor on the job with Employer's Liability of at least $100,000 limit. E. Professional Liability Insurance (including errors and omissions) with minimum limits of $5,000,000 per claim. Engineer shall furnish owner certificates of insurance which shall include a provision that such insurance shall not be cancelled without at least thirty days written notice to owner. ARTICLE 11 - OWNER'S RESPONSIBILITIES Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 12 - REUSE OF DOCUMENTS All documents, including drawings, specifications, and computer software, prepared by Engineer pursuant to this Agreement are instruments of service in respect to this Project. They are not intended or represented to be suitable for reuse by Owner or others on extensions of this Project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Engineer. ARTICLE 13 - AMENDMENT, TERMINATION, AND STOP ORDERS This Contract may be altered or amended only by mutual written consent and may be terminated by the Owner at any time by written notice to the Engineer. Upon receipt of such notice, the Engineer shall, unless the notice directs otherwise, immediately discontinue all work in connection with the performance of this Contract and shall proceed to cancel promptly all existing orders insofar as such orders are chargeable to this Contract. The Engineer shall submit a statement showing in detail the work performed under this Contract to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed fee which applies to the work actually performed under this Contract, less all payments that have been previously made. Thereupon, copies of all completed work accomplished under this Contract shall be delivered to the Owner. The Owner may issue a Stop Work Order to the Engineer at any time. upon receipt of such order, the Engineer is to discontinue all work under this Contract and cancel all orders pursuant to the Contract, unless the order otherwise directs. If the Owner does not issue a Restart Order within 60 days after receipt by the Engineer of the Stop Work Order, the Engineer shall regard this Contract terminated in accordance with the foregoing provisions. ARTICLE 14 - NONDISCLOSURE OF PROPRIETARY INFORMATION Engineer shall consider all information provided by Owner to be proprietary unless such information is available from public sources. Engineer shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of Owner or in response to legal process. ARTICLE 15 - NOTICE Any notice, demand, or request required by or made pursuant to this Agreement shall be deemed properly made if personally delivered in writing or deposited in the United State mail, postage prepaid, to the address specified below. To Engineer: Black & Veatch P.O. Box 802004 Dallas, TX 75380-2004 ATTN: Mr. W.E. Carroll To Owner: City of Lubbock Water utilities P. 0. Box 2000 Lubbock, TX 79457 ATTN: Dan A. Hawkins Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representative of Engineer and Owner. ARTICLE 16 - UNCONTROLLABLE FORCES Neither Owner nor Engineer shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either Owner or Engineer under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint. Neither party shall, however, be excused from performance if nonperformance is due to uncontrollable forces which are removable or remediable and which the nonperforming party could have, with the exercise of reasonable diligence, removed or remedied with reasonable dispatch. The provisions of this Article shall not be interpreted or construed to require Engineer or Owner to prevent, settle, or otherwise avoid a strike, work slowdown, or other labor action. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 17 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas. Any suit brought to enforce any provision of this Agreement or for construction of any provision thereof shall be brought in Lubbock County. ARTICLE 18 MISCELLANEOUS 18.1 Nonwaiver. A waiver by either Owner or Engineer of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. 18.2 Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the agreement be determined to be void. ARTICLE 19 - INTEGRATION AND MODIFICATION This Agreement represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by each of the Parties. ARTICLE 20 - SUCCESSORS AND ASSIGNS Owner and engineer each binds itself and its directors, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this Agreement. ARTICLE 21 - ASSIGNMENT Neither Owner nor Engineer shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the other, except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Engineer from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of the Services hereunder. ARTICLE 22 - SUBCONTRACTORS No work herein called for by the Engineers shall be subcontracted to a subcontractor who is not acceptable to the owner or assigned without prior written approval of the Owner. The Engineer shall require subcontracts to conform to the applicable terms of this Contract and include provisions which require subcontractor compliance with Owner Rules. ARTICLE 23 - THIRD PARTY RIGHTS Nothing herein shall be construed to give any rights or benefits to anyone other than Owner and Engineer. IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF LUBBOCK, TEXAS C.� C. McMinn, Mayor Attes a e e ay aW City Secretary BLACK & VEATCH / By: Title: P,QTiKI�2,., Attest Title: APPROVED AS TO CONTENT: r Da A. Hawkins, E Di ector Water utilities APPROVED AS TO FORM: o and i ve First Assistant City Attorney ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Pipeline to Irrigation Terminal Storage Reservoir, New Plant and Administration/Maintenance and Operations Building, Headworks and Solids Handling Facilities, Discharge Pipeline and Facilities Downstream of Lake Ransom Canyon, Rehabilitation of Plants 2 and 3 and Existing Laboratory Building. A DESCRIPTION OF SCOPE OF SERVICES The scope of services for this municipal wastewater treatment plant design project is as follows. Work will not proceed until Owner has authorized Engineer in writing to proceed. DESIGN PHASE: FINAL DESIGN, CONSTRUCTION DRAWINGS AND SPECIFICATIONS, BID AND PREAWARD SERVICES The following facilities are anticipated to be included in the design work and form the basis for establishing the scope of the project and design effort for this phase. The facilities shall consist of four (4) separate contracts. DESCRIPTION: Contract 1. Pipeline to Irrigation Terminal Storage Reservoir Contract 2. New Advanced Wastewater Treatment Plant and Administration/Maintenance and Operations Building Contract 3. Section A. Headworks and Solids Handling Facilities Section B. Discharge Pipeline and Facilities Downstream of Lake Ransom Canyon Contract 4. Rehabilitation of Plants 2 and 3, and Existing Laboratory Building A. Preliminary and General Items 1. Participate in twelve (12) meetings in Lubbock with the City Review Committee throughout the design phase to review progress and exchange ideas and information. 2. Attend eight (8) meetings in Austin to discuss project with Texas Water Development Board and Texas Water Commission. A-1 B. Design Memorandum 1. For all four (4) contracts, prepare a detailed design memorandum and preliminary drawings as required to supplement Engineering Plan, to establish agreement on scope, parameters, performance requirements, and project approach. Submit five copies to Owner for review. 2. Meet with Owner and secure Owner's comments on the design memorandum and preliminary drawings. Resolve any questions, revise documents if necessary, and resubmit five copies to Owner. 3. Submit design memorandum for each contract to Owner for formal value engineering review. Make available reports, calculations, and estimates for use during the value engineering review. 4. Attend four (4) meetings in Lubbock to provide an initial project briefing and to discuss the results of the value engineering review of the design memorandums. 5. Prepare a memorandum for each contract evaluating the recommendations of the value engineering review and discuss with the Owner. b. Revise design memorandums to incorporate accepted value engineering recommendations. 7. Update and distribute the design memorandums periodically as required during the design phase. 8. Submit the design memorandums to the state regulatory agency. C. Geotechnical Services 1. Provide, through a subcontract, geotechnical engineering services including exploratory work, laboratory and field testing, and professional guidance in tests to be made at test locations based on preliminary drawings and designs and including professional interpretations of exploratory and test data. The service will include: a. All geotechnical exploratory work, such as soil borings, penetration tests, soundings, subsurface explorations, laboratory tests of soils, rock formation, and other geophysical phenomena which are required to provide information for design and all other field and laboratory tests and analyses which are required to provide design information. b. A geotechnical report by a qualified geologist or geotechnical firm interpreting the data on the exploratory work and testing and setting out the site conditions that can be anticipated from this initial exploratory work. A-2 D. Field Survey Services 1. Provide, through a subcontract, the necessary aerial and field design surveys for preparation of construction drawings and specifications. Surveys will determine the site topography, contours, existing horizontal and vertical control, and insofar as possible, critical tie-in locations. E. Construction Drawings and Specifications 1. Prepare detailed drawings and specifications for the proposed construction work and for all equipment required. 2. Work will be performed in four construction contracts. 3. Prepare an opinion of probable construction cost for the proposed work covered by the drawings and specifications for each contract. 4. Provide five (5) sets of the drawings and specifications to Owner for formal review at 75 percent project completion. 5. Meet with the Owner after documents have been reviewed to discuss them and to resolve any questions. Incorporate City comments into drawings and specifications. 6. Submit 75 percent drawings and specifications to Owner's value engineering team. Make available reports, drawings, specifications, geotechnical investigation, calculations, and estimates for use during the value engineering review. 7. Attend two meetings in Lubbock to provide a project status briefing; and two meetings in Lubbock to discuss the results of the value engineering review of the drawings and specifications. 8. Prepare a memorandum for each contract evaluating the recommendations of the value engineering review and discuss with the Owner. 9. Review the construction contract drawings and specifications for completeness, bidability, and constructability. 10. Provide five (5) sets of the complete drawings and specifications to Owner for review. 11. Meet with the Owner after review to discuss them and resolve any questions. Incorporate Owner comments into final drawings and specifications. 12. Submit three sets of revised detailed drawings and specifications to the TWDB and TWC for review. 13. Attend four (4) meetings (one per contract) in Austin to discuss the documents with TWDB and TWC officials. A-3 14. After receipt of agency review comments, revise the documents if necessary. 15. Upon completion of the review and drawings and specifications, review the opinion of probable construction cost and revise and expand as required. 16. Prepare Bid Forms and preliminary Invitation to Bid form for each contract. F. Permits Acquisition Assistance to the Owner in obtaining permit approvals is not anticipated for this project. G. Preaward Services 1. Identify and supply list of potential contractors and suppliers to Owner. 2. Supply to Owner one reproducible set of construction contract drawings and specifications for Owner to reproduce and issue to prospective bidders. 3. Attend, at a date and time selected and a place provided by Owner, a pre -bid conference for each contract to: a. Instruct prospective bidders and suppliers as to the types of information required by the contract documents and the format in which bids should be presented. b. Review special project requirements and contract documents in general. 4. Interpret construction contract drawings and specifications, and provide written responses to questions from bidders requiring clarifications during the bidding period. Prepare and supply to Owner one reproducible copy of addenda to the construction contract documents when required. 5. Review bids for completeness and conformity to the construction contract documents. 6. Review the questionnaire to determine the acceptability of materials and equipment submitted by the apparent successful bidder when the review is required by the bidding documents subsequent to bid opening and prior to award of contract. 7. Evaluate bids, and make written recommendations to the Owner concerning contract award. A-4 SUPPLEMENTAL SERVICES A. Any work requested by the Owner that is not included in one of the items listed in any other phase will be classified as supplemental services. B. Supplemental services shall include, but are not limited to: 1. Additional meetings with local, State, or Federal agencies to discuss the project. 2. Appearances at public hearings or before special boards. 3. Changes in the general scope, extent, or character of the project or its design, including but not limited to changes in size, complexity, Owner's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents, or construction contract documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports, documents, and designs or due to any other causes beyond the Engineer's control. 4. Special consultants or independent professional associates requested or authorized by the Owner. 5. Assistance with bid protests and rebidding, preparation for litigation, arbitration or other legal or administrative proceedings, and appearances in court or at arbitration sessions. 6. Additions to an engineering report to update or review original recommendations. 7. Revisions of design memorandum, drawings, and specifications arising out of Value Engineering, Owner Review Committee, or state agency review which cause changes in the general scope, extent or character of the project, including but not limited to changes in size, complexity, Owner's schedule, character of construction, or method of financing. 8. Value Engineering reviews and services. 9. Provision, through a subcontractor, of land and property surveys and property description, as required by the project. 10. Preparation of permit applications for the project. 11. Provision, through a subcontract, of photographs or video tapes of the construction sites. 12. Field design surveys and/or geotechnical engineering services that may be required to supplement the survey and geotechnical services provided during the Design Phase. A-5 13. Provision of an environmental assessment report and/or environmental impact statement as requested by the Owner or required by review agencies in addition to that prepared under previous phases of work. 14. Provision, through a subcontract, of an archaeological study and report on the construction sites. 15. Conducting pilot plant studies and tests. 16. Provision of the following preaward services: Assist Owner in placing advertisements for the Invitation to Bid, distribute copies of Invitation to Bid to potential bidders, distribute bid documents to potential bidders, maintain record of prospective bidders to whom bid documents have been issued, receive deposits for bid documents and credit Owner for the bid document deposits, distribute addenda to bidders, prepare bid tabulation, prepare and distribute sets of construction contract drawings and specifications to the successful bidder, prepare and distribute conforming copies of the construction contract documents to Contractor or Owner. UN-1 ATTACHMENT B TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Pipeline to Irrigation Terminal Storage Reservoir, New Plant and Administration/Maintenance and Operations Building, Headworks and Solids Handling Facilities, Discharge Pipeline and Facilities Downstream of Lake Ransom Canyon, Rehabilitation of Plants 2 and 3 and Existing Laboratory Building. COMPENSATION For the services covered by this contract, the Owner agrees to pay the Engineer as follows: A. For project management meetings, Design Memorandum, Site Surveys - Subcontracts, Field Data Collection, Drawings and Specifications and preaward services for the Project, an hourly billing fee for Engineer's personnel services. The fee schedule for the Engineer's personnel services are specified in the Schedule at the end of this Attachment B. Subcontract personnel services shall be reimbursable expenses and are to be billed at cost. The maximum billed for these Engineer's personnel services shall not exceed $3,020,000, without further written authorization. In addition, Engineers and subcontractors reimbursable expenses shall be billed at cost. Billing for reimbursable expenses are estimated to be $375,000. B. For supplemental services, an hourly fee for Engineers' personnel as listed in the attached schedule plus reimbursable expenses and subcontract billing at cost to Engineer. Each item of supplemental services shall be established before the work is started. The amount billed for each item of supplemental services shall not exceed the amount established for it without further authorization. Additional amounts for supplemental services may be authorized, if necessary, as the work progresses. C. Hourly fees listed herein for Engineer's personnel services will apply until December 31, 1990 and shall be changed annually on January lst for the upcoming twelve (12) month period. D. The following expenses are reimbursable: 1. Travel, subsistence, and incidental costs. 2. Use of motor vehicles on a monthly rental basis for assigned vehicles and on a current mileage basis or rental cost basis for vehicles used for short periods. B-1 3. Telegraph costs, long distance telephone costs and project "onsite" telephone costs. 4. Reproduction of reports, drawings, and specifications. 5. Postage and shipping charges for project -related materials. 6. Computer time charges including program use charges. 7. Rental charges for use of equipment. 8. Cost of acquiring any other materials or services specifically for and applicable to only this project. E. The Engineer agrees to use its best efforts to perform the services as defined in Attachment A within the billing limits stated above. F. Billing period (every four weeks) payments shall be made to the Engineer by the Owner based on the Engineer's statement. For hourly fee items, the statement shall be itemized to indicate the amount of work performed and the associated reimbursable expenses and subcontract costs. G. The uncontested amount of each statement shall be due and payable upon receipt by the Owner. Carrying charges of 1-112 percent per month from the billing date, shall be due for accounts which are not paid within 60 days after the billing date. H. It is understood and agreed that the maximum billings of each of the above items are based on the start of the services being authorized not later than October 12, 1990. If start of services is not authorized by date given, it is understood and agreed that the upper billing limit will be adjusted accordingly by a supplement to this Agreement. I. That the Engineer shall start the performance of the services within ten days of receipt of notice to proceed. J. That the Engineer shall keep records on the basis of generally accepted accounting practice of costs and expenses and which records shall be available to inspection at reasonable times. BLACK & VEATCH South Central Region Civil Environmental Division RATE SCHEDULE Effective July 1, 1990 Title Fees Family/Level Rate Hour S Principal 125.00 Senior Project Manager 92.00 Engr/07,08 Project Engineer, Project Manager 75.00 Engr/05,06 Project Engineer 63.00 Engr/04 Associate Engineer 55.00 Engr/03 Staff Engineer 50.00 Engr/01,02 Project Architect 80.00 Arch/07 Senior Engineering Technician 64.00 Tech/08 Engineering Technician 48.00 Tech/06,07 Drafter 60.00 Graphics/07,08 Drafter 45.00 Graphics/05,06 Drafter 30.00 Graphics/03,04 Support Services 35.00 Office Supplies/All B-3 ATTACHMENT C TO ` AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Pipeline to Irrigation Terminal Storage Reservoir, New Plant and Administration/Maintenance and Operations Building, Headworks and Solids Handling Facilities,' Discharge Pipeline and Facilities Downstream of Lake Ransom Canyon, Rehabilitation of Plants 2 and 3 and Existing Laboratory Building. OWNER'S RESPONSIBILITIES The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items: 1. All maps, drawings, reports, records, audits, annual reports, and other data that are available in the files of the Owner and which may be useful in the work involved under this contract. 2. Access to public and private property when required in performance of the Engineer's services. 3. Office desk space for the Engineer's personnel during preliminary investigations. 4. The services of at least one of the Owner's employees or staff who has the right of entry to, and who has knowledge of, the existing facilities to aid Engineer in conduct of field reviews of existing facilities. 5. Property, boundary, easement, right-of-way, and utility surveys and property descriptions. 6. Releases to the news media concerning prebid conferences and preconstruction conferences. 7. Hall or auditorium space for prebid conferences and preconstruction conferences and the audio equipment and projection equipment required for such conferences. 8. Legal advertisement of project letting or bid date and such other publications of the "Invitation to Bid" as desired by the Owner. C-1 Certificate of Insurance 1,HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW, This is to Certify that LIBERTY F Black & Veatch, etal MUAL P.O. Box 8405 Name and Kansas City, MO 64114 address of Insured. L is, at the issue date of this certificate, insured by the Company under the poliey)les) listed below. the insurance afforded by the listed pollcy(ies) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. TYPE CERT. EXP. DATE` OF CI CONTINUOUS POLICY LIMIT POLICY 0EXTENDED NUMBER OF LIABILITY ® POLICY TERM COVERAGE AFFORDED UNDER W.C. EMPLOYER'S LIABILITY LAW OF THE FOLLOWING STATES: Bodily Injury By Accident WORKERS' 6/30/91 WC7-141-072023-170 AK,AR,AZ,CA,CO,CT,DC 500,000 Ea. Arc. FL, GA, HI, IL, IN, KS , KY Bodily Injury By Disease COMPENSATION LA, MA, MD, MI, MN, MO, MT 500.000 Po.I.Limit NC, NR, NJ, NM, NY, OK, OR Bodily Injury By Disease Includes Other States Endorsement PA.SC.SD.TN...TX.UT.VA,W11 500,000 Ea. Person General Aggregate - Other than Products/Gompleted Operations 6/30/91 TB1-141-072023-070 2,000,000 Products/Gompleted Operations Aggregate 1,000,000 W Bodily Injury and Property Damage Liability W 0 ❑ CLAIMS MADE 1,000,000 per occurrence Personal and Advertising Injury Q 1 per person! Organization FETfaO PATE Lu Other 0 CONTRACTURAL CYOCCURRENCE SPECIALIEXCL. ENDORSEMENTS DOWNED 6/30/91 AS1-141-072023-090 1,000, 00 EACH ACCIDENT- SINGLE LIMIT- S.I. AND P.D. COMBINED O-J Q ca [ NON -OWNED EACH PERSON r ® HIRED EACH ACCIDENT EACH ACCIDENT OR OCCURRENCE $ OR OCCURRENCE W umbrella 6/30/91 THl-141-072023-080 5,000,000 Each Occurrence o Excess Liability 5,000,000 Aggregate LOCATION(S) OF OPERATIONS & JOB ff (it Applicable) DESCRIPTION OF OPERATIONS: BLACK & VEATCH PROJECT #17578 -ir me certificate expiration date is continuous or extended term, you will be notified it coverage is terminated or reduced before the certificate expiration date. However, you will not be notified annually of the continuation of coverage. NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE Liberty Mutual THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS 30 BAYS ADDITIONAL INSURED Insurance Group NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: CITY OF LUBBOCK City of Lubbock P.O. Box 2000 CERTIFICATE Lubbock, TX 79408 HOLDER ^+ AUTHORIZED REPRESE VE 9/28/90 Overland PaW, KS L_ DATE ISSUED OFFICE This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is atfnrriari hv Th— Pmmnnniw .o-r-rn n ro CERTIFICATE OF INSURANCE Company Name: National Indemnity Company 3024 Harney Street, Omaha, Nebraska 68131-3580 This certificate of insurance is NOT an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies which may substantially limit coverage. where reference is made to an Aggregate Limit, those limits are Company's maximum liability under the Policy for the entire policy period regardless of the number of insureds, claimants or occurrences. NAME OF INSURED P.O. ADDRESS Policy Number I Kinds of Insurance EL50542 Date _ October 2. 1990 _ Limits COMMERCIAL GENERAL LIABILITY _ Occurrence Form X Claim -Made Form Coverages _ Premises -Operations Products/Completed Operations X Other (Specify) Professional Liability $5,000,000/Claim (Architects & Engineers) $5,000,000/Annual Policy Limits Inclusive of Claim Expenses General Aggregate Limit $ Products/Completed Operations Aggregate Limit $ Personal & Advertising Injury Limit $ Each Occurrence Limit $ Fire Damage Limit (Any One Fire) $ Medical Expense Limit (Any One Person) $ Aggregate Limit on Claims Expenses $ AUTOMOBILE LIABILITY Bodily Injury Each Person $ Each Occurrence $ Property Damage Each Occurrence $ Bodily Injury and Property Damage Combined Single Limit $ EXCESS LIABILITY _ Automobile _ General Liability Name of Primary Insurer Primary Limits $ Excess Limits $ General Aggregate Limit $ — Aggregate Limit inclusive of Claims Expenses Yorkers' Compensation $Statutory Limits Employer's Liability $ i Other Description of Operations/Locations/Vehicles Project # 17578 Ettective 05-01-90 Aggregate res 05-01-91 In the event of any material change in or cancellation of said policies, the COMPANY is obligated to notify in writing the party to whom this Certificate is addressed 30 days prior to such change or cancellation. This Certificate issued to: Rlexander & Alex r Inc. P.O. Box 13 City of Lubbock, Texas Kan y,V64199 P. 0. Box 2000 Lubbock, TX 79408 By A. Ti a resident M-100h(8/87) NOTE TO AGENT - Mail Copy to Hone Office Immediately