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HomeMy WebLinkAboutResolution - 2022-R0334 - Contract 16727 with Plummer Associates 8.9.22Resolution No. 2022-RO334 Item No. 6.6 August 9, 2022 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 Contract No. 16727 for construction phase engineering services for an 8 million gallon ground storage tank at the north water treatment plant, by and between the City of Lubbock and Plummer and 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 August 9, 2022 ;�- W� - TRAY PAYNE, Y-OR ATTEST: X�- Rebecc t Garza, City Secret APPROVED AS TO CONTENT: Jesica McE chern, Assistant City Manager APPROVED AS TO FORM: elli Leisure, Assistant City Attorney ccdocs/RES.PSA-No. 16727 — Plummer water storage tank 7.25.22 Resolution No. 2022-RO334 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. _16727 is entered into this 9th day of August , 2022, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Plummer and Associates, Inc., (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for construction phase professional engineering services for the 8 Million Gallon Ground Storage Tank at the North Water Treatment Plant, (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 I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of 9 months. 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. Page 1 of 11 ARTICLE II. SERVICES AND COMPENSATION 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 $140,563.52, 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. Page 2 of 11 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. 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. Page 3 of 11 ARTICLE VIII. INSURANCE 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 A-V II 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 Page 4 of 11 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 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 VIII 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, Page 5 of 11 OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 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 XII. 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 XIII. 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 parry 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 and Associates, Inc. Brian Beach, P.E. 1001 Main Street, Suite 808 Lubbock, Texas 79401 Telephone: 806-853-6371 Email: bbeach@plummer.com C. City's Address. The City's address and numbers for the purposes of notice are: Bailey Ratcliffe, P.E. City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: 806-775-2329 Email: bratcliffe[� ,mylubbock.us Page 6of11 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 IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT Page 7 of 11 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. I. Entire Agreement. This Agreement, including Exhibits "A" through "B" 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 II, 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 parry 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 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 Page 8 of I I 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 Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for this duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company e with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. R. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. S. 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 Page 9 of 11 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. T. 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. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Rebe ca Garza, City Secret APPROVED AS TO CONTENT: —�'a LZ5��- 60--- M' ael �. Keenum, P.E., CFM APPROVED AS TO FORM: I& elli Leisure, Assistant City Attorney Page 10 of 11 Firm Plummer and Associates, Inc. Brian Beach,,-,',, :ter aroeae M eeaa Basco :o.., 1321 05-OS N-S-dw Beaty Brian Beach, P.E. Construction Management Practice Leader Email: bbeachaa,plummer.com Page 11 of 11 txnlblt A PLUMMER ASSOCIATES, INC. SCOPE OF WORK This Exhibit A is part of the Agreement between Plummer Associates, Inc. (the "CONSTRUCTION MANAGER") and the City of Lubbock (the "CITY") for a project generally described as: NORTH WTP 8 MILLION -GALLON GROUND STORAGE TANK IMPROVEMENTS CONSTRUCTION PHASE SERVICES The purpose of this Agreement is for the CONSTRUCTION MANAGER (CM) to furnish to the CITY Construction Phase Services that include, Construction Management and On -site Resident Project Representation (RPR) Services. 1.0 Construction Managers Cooperation 1.1.1. The CONSTRUCTION MANAGER shall coordinate and interface with CITY staff and with the Construction Representative to accomplish the tasks identified herein. 1.1.2. Construction Representative will handle the following: 1.1.2.1. Provide construction administration. 1.1.2.2. Manage project documentation. 1.1.2.3. Represent CITY on the job site. 1.1.2.4. Accomplish quality assurance tasks. 1.1.2.5. Provide an internet-based construction management system. 1.1.2.6. Schedule the pre -construction conference, construction progress meetings, and additional meetings along with developing the agenda and preparing meeting notes for each meeting. 1.1.2.7. Establish procedures for administering 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. Documentation of field orders, where cost to CITY is not impacted, will also be prepared. 1.1.2.8. 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, and will endeavor to negotiate a settlement value with the Contractor on behalf of the CITY if appropriate. 1.1.3. The CONSTRUCTION MANAGER will complement the RPR to accomplish the remaining Construction Phase Services tasks, to include items listed below. 1.1.3.1. The CONSTRUCTION MANAGER in coordination with the ENGINEER -of - RECORD shall provide responses to submittals and requests for 1 of 7 information to the Construction Representative's online project management system by submitting responses directly into the management system using the CONSTRUCTION MANAGER's standard forms. 1.1.3.2. The CONSTRUCTION MANAGER shall receive project documentation from the Engineer -of -Record. 1.1.3.3. The CONSTRUCTION MANAGER shall work with the ENGINEER -OF - RECORD to provide timely response and necessary reviews of submittals, requests for information (RFI), change orders (CO), contract modification requests (CMR), and all other project actions coordinated by the Construction Representative. 1.1.3.4. The ENGINEER -OF -RECORD shall expect all administration and management of communication, documentation, and correspondence to be handled by the CONSTRUCTION MANAGER. 1.2. Site Visits 1.2.1. The CONSTRUCTION MANAGER shall visit the site incoordination with the City and shall include scope and fee for at fifteen (18) site visits. Weekly site visits will occur in conjunction with monthly construction progress meetings. 1.2.2. Additional site visits beyond those listed will be an Additional Service and the CONSTRUCTION MANAGER shall be entitled to additional compensation. 1.3. Construction Progress Meetings 1.3.1. The CONSTRUCTION MANAGER and ENG IN EER-of-RECORDs' consultants will participate in the preconstruction conference. The CONSTRUCTION MANAGER will participate in up to eighteen (18) monthly construction progress meetings onsite that are to coincide with a site visit. The fee is based on the Construction Progress Meeting coinciding with the Site Visits. 1.4. Pay Estimates The CONSTRUCTION MANAGER shall coordinate with the RPR for the review and make recommendations to the CITY for payment applications made by the Contractor. Recommendations by the CONSTRUCTION MANAGER to the CITY for periodic construction progress payments to the construction contractor will be based on the CITY's Construction Representative verifying that the work has progressed to the point indicated. Such recommendations do not represent: that continuous or detailed examinations have been made by the CONSTRUCTION MANAGER 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 CONSTRUCTION MANAGER has made an examination to ascertain how or for what purpose the construction contractor has used the 2of7 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. 1.5. Requests for Information The CONSTRUCTION MANAGER and ENGINEER -OF -RECORD will interpret the intent of the plans and specifications and respond to requests for information (RFIs) for the CITY and Contractor. 1.6. Contract Modifications 1.6.1. CONSTRUCTION MANAGER will review contract 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. 1.6.2. CONSTRUCTION MANAGER will prepare documentation for contract modifications required to implement modifications in the design of the project. 1.6.3. 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. Substitutions of materials or equipment or design modifications requested by the CITY are an Additional Service and the CONSTRUCTION MANAGER shall be entitled to additional compensation. 1.7. Substantial and Final Review 1.7.1. The CONSTRUCTION MANAGER will conduct, in the company of the CITYs representative and ENGINEER -of -RECORD, a substantial completion review for the project for conformance with the design concept of the project and general compliance with the contract documents and provide a list of deficiencies to the Contractor. 1.7.2. The CONSTRUCTION MANAGER will conduct, in the company of the CITY's representative and ENGINEER -of -RECORD, a final review for 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. 1.8. Record ("As -built") Drawings 1.8.1. The Contractor will provide to the CONSTRUCTION MANAGER the red -line drawings for use in the development of the record drawings. In the event that the 3of7 Contractor does not provide adequate red -line drawings and the ENGINEER -OF - RECORD must develop the record drawings. 1.8.2. The ENGINEER of RECORD will revise the construction drawings in accordance with the information furnished by the Contractor reflecting changes to the project made during construction. Record drawings are defined as the drawings produced by the Contractors modifications to the original design drawings to reflect the changes during the construction. 1.8.3. The ENGINEER of RECORD will prepare record drawings 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. 1.8.4. The CONSTRUCTION MANAGER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. 1.8.5. The ENGINEER of RECORD will provide the CITY with digital copies in Adobe PDF on USB storage drive, one full-sized (22" x 34") set of reproducible prints (unbound, Mylar), five (5) 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. No technical specification books will be provided. 3.0 Onsite Resident Project Representation (RPR) Services 3.1 During construction, the CONSTRUCTION MANAGER shall provide an onsite resident project representative (RPR) observation staff, in accordance with the CONSTRUCTION MANAGER's recommendations, who shall review the work of the construction contractor and report to the City, the CONSTRUCTION MANAGER, and the construction contractor opinions of the contractor's fulfillment of these recommended actions and adherence to the contract documents. The CONSTRUCTION MANAGER's project representatives shall endeavor to protect the City against defects and deficiencies in the work, with the goal that the contractor's work is carried out in conformance with the contract documents. However, the CONSTRUCTION MANAGER neither guarantees the performance of the contractor nor assumes responsibility for the contractor's failure to perform work in accordance with the contract documents. 3.2 The CONSTRUCTION MANAGER/RPR will be the primary point of contact and communications for all parties on the Project, which is defined as the construction project of the North Water Treatment Plant 8 Million -Gallon Ground Storage Tank Improvements. The RPR shall at all times have access to the Work whenever it is in preparation or progress. 3.2.1 RPR — 20 hours per week, on average for 9 months. 3.2.2 Construction Manager and RPR will attend all monthly construction meetings, preconstruction conferences and substantial completion walk-through. 4of7 3.3 City Engineer shall review qualifications of RPR and observation staff. City Engineer also has the right to request observation staff or RPR be removed from the site and request alternative personnel be provided. 3.4 Project Documentation 3.5.1 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. 3.5.2 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. 3.5.3 The RPR will prepare meeting agendas for all construction meetings and coordinate with Engineer -of -Record for input. The RPR will prepare meeting notes for all construction meetings. The RPR will setup and maintain the internet-based construction management system. 3.5.4 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. 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. 3.5 Progress Payments 3.6.1 The RPR will review the draft payment requests for delivery of materials, and quantities completed and recommend City and Engineer of Record action on contract progress payments. Upon receipt of the contractor's payment request and the recommendation of the onsite project representatives, the CONSTRUCTION MANAGER and ENGINEER of RECORD will review the progress payment. 3.6.2 Based on the CONSTRUCTION MANAGER's and Resident Project Representative's observations at the site of the work and evaluations of the contractor's estimates for payment, the CONSTRUCTION MANAGER and ENGINEER shall review and certify the amounts due to the contractor. 3.6.3 The CONSTRUCTION MANAGER's and ENGINEER of RECORD certification for payment shall constitute a representation to the City based on the CONSTRUCTION MANAGER'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 5of7 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 CONSTRUCTION MANAGER 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. 3.6 Construction Observation 3.7.1 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 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. 3.7.2 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. 3.7 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. CONSTRUCTION MANAGER and RPR will coordinate factory witness testing, when required, between the Contractor, City, and ENGINEER of RECORD. 3.8 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. 3.9 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 6of7 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 CONSTRUCTION MANAGER for review and for delivery to the Owner. ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES Additional CONSTRUCTION MANAGEMENT services may be performed by the CONSTRUCTION MANAGER, if authorized by the CITY, which are not included in the above -described Construction Phase Services, as described below: Additional Management Services, which may be required by the CITY, shall be based on the actual hours and costs in accordance with current contract.. No work will be undertaken with this item without specific written authorization from the CITY. 7of7 Exhibit B Project Planning - Plummer From:6/1/2022 To:3/29/2023 Project: 0425-038-01 3rd Party CM 8 MG Tank - North Water Plant -Stand in Project PIC: Davis, Alan Client: 0425 City of Lubbock PM: Beach, Brian WBS Budget & Actuals Bgt Hrs. Bgt Labor Actual Labor Bgt ODC Actual ODC Budget CNS Actual CNS Total Budget Total Actual 0425-038-01 3rd Party CM 8 MG Tank - 836.01 140,563.52 0.00 0.00 0.00 0.00 0.00 140,563,52 0.00 North Water Plant -Stand in Project A Resident Project Representative 836.01 140,563.52 0.00 0.00 0.00 0.00 0.00 140,563.52 0.00 B Expenses 0.00 0.00 0.00 0.001 0.0010.0010.001 0.001 0.00 Allocated Labor Alloc Hrs ETC Hrs Actual Hrs Alloc Amount ETC Amount Actual Labor 0425-038-01 3rd Party CM 8 MG Tank - North Water Plant -Stand in Project 836.01 836.01 0.00 140,563.52 140,563.52 0.00 A Resident Project Representative 836.01 836.01 0.00 140,563.52 140,563.52 0.00 Construction Manager IV 760.00 760.00 0.00 119,190.80 119,190.80 0.00 Senior Construction Manager 76.00 76.00 0.00 21,372.72 21,372.72 0.00 Allocated ODC Alloc Amount ETC Amount Actual ODC 0429-038-01 3rd Party CM 8 MG Tank - North Water Plant -Stand In Project 0.00 2,500.00 0.00 B Expenses 0.00 2,500.00 0.00 Mileage 0.00 2,500.00 0.00 Scheduled Labor Cur Schad Hrs Sched Hrs Actual Hrs Cur Schad Amt Schad Amount Actual Labor 0425-038-01 3rd Party CM 8 MG Tank - North Water Plant -Stand In Project 836.01 836.01 0.00 140,563.52 140,563.52 0.00 A Resident Project Representative 836.01 836.01 0.00 140,563.52 140,563.52 0.00 Beach, Brian 76.00 76.00 0.00 21,372.72 21,372.72 0.00 Young, Thomas 760.00 760.00 0.00 119,190.80 119,190.80 0.00 Scheduled ODC Cur Sched Amt Sched Amount Actual ODC 0425-038-01 3rd Party CM 8 MG Tank - North Water Plant -Stand In Project 2,500.00 2,500,00 0.00 B Expenses 2,500.00 2,500.00 0.00 Plummer 2,500.00 2,500.00 0.00 Scheduled CNS I Cur Sched Amt Sched Amount Actual CNS 7/12/2022 2:19:54 PM 1 of 1