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HomeMy WebLinkAboutResolution - 081475F - Contract For Engineering Services - Freese And Nichols - Justiceburg Area - 08_14_1975JWF:cab RESOLUTION osi4045F, 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 a Con- tract for Engineering Services to be entered into between said CITY and FREESE AND NICHOLS, Registered Professional Engineers of Fort Worth, Texas, covering Engineering Services to be performed by said Engineers in regard to a Basic Feasibility Study for the Development of an Additional Vater Supply in the Post and Justiceburg Area of Texas, 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 14thday of August 1975. ROY B S, AYOR ATTEST: 12, Treva Phillips, City cretary-Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., City Worney CONTRACT FOR ENGINEERING SERVICES PART I STATE OF TEXAS i COUNTY OF LUBBOCK j This Contract entered into this 14th day of August , 1975, by and between the CITY OF LUBBOCK, TEXAS, hereinafter called the Owner, acting by and through its Mayor, duly authorized to act, and FREESE AND NICHOLS of Fort Worth, Texas, Registered Professional Engineers, hereinafter called the Engineer. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: 1. Employment of Engineer: The Owner hereby employs the Engineer and the Engineer agrees to perform all necessary professional services hereinafter set forth in connection with Basic Feasibility Studies and Water Rights for the Development of an Additional Surface Water Supply. 2. Scope of Services: The Engineer shall render engineering services in accordance with the following: A. Coordination of Geotechnical Investigations (1) Assist the City of Lubbock in defining the scope of initial geotechnical investigations needed to determine suitability of foundation conditions at a dam site on the South Fork of the Double Mountain Fork of the Brazos River, east of Justiceburg. (2) Cooperate with a geotechnical consultant to be selected by the City. Assist the geotechnical consultant as needed during initial field reconnaissance and sub- surface core boring investigations to determine suit- ability of foundation conditions at the dam site. Initialled by.; �. ROY BASS, MAYOR FREESE- N I CHOLS Partner s B. Coordination of Water Quality Monitoring Program (1) Represent the City in contacts with the U. S. Geological Survey and the Texas Water Development Board to plan and initiate a suitable program of daily water quality observations on the South Fork of the Double Mountain Fork of the Brazos River at Justiceburg for a period of two years. (2) Analyze the water quality measurements as they become available, to determine whether the site is feasible with respect to dissolved mineral concentrations. C. Feasibility Report for the Justiceburg Site (1) Perform basic feasibility analyses of the Justiceburg site, including coverage of the following aspects: a. Review of latest available hydrologic data b. Determination of reservoir storage requirements C. Reservoir operation studies and estimates of yield d. Design flood analysis and evaluation of spillway requirements e. Basic dam and spillway design f. Water quality routings, based on results of Item B above (2) Prepare a report describing the results of the above analyses. (3) Submit the report to the City in draft form for review and comment. (4) After review by the City, and modification as necessary, print the report and deliver fifty bound copies to the City. D. Water Rights for the Justiceburg Reservoir (1) Prepare water rights applications, drawings and other materials as necessary for submittal to the Water Rights Commission. Initialled by; ROY BASS, MAYOR 2. FREESE-NICHOLS Partner (2). Represent the City of Lubbock at conferences relating to water rights. (3) Present testimony on behalf of the City's application at hearings of the Water Rights Commission. E. Preliminary Analysis of Raw Water Delivery System (1) Develop a projected schedule of raw water delivery re- quirements, in terms of peak day and average annual rates, from the proposed Post and Justiceburg Reservoirs. (2) Evaluate the required pipeline and pump station capacities for development of the delivery system in stages to keep up with the projected requirements. (3) Include in the analysis the provision of regulating storage at the proposed Canyon Lake Number 8, to reduce the pumping capacity and energy requirements for delivery of the raw water to the filter plant site. F. Estimates of Cost (1) Review the estimates of capital cost prepared previously for the proposed surface water supply facilities and up -date the estimates in the light of current construction price levels. (2) Prepare revised estimates of annual costs for debt service and operating cost of the surface water supply system, based on current information as to interest rates, power costs, and other related factors. 3. Time of Performance: The services of the Engineer are to commence on authorization by the Owner, and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contract; but in any event all of the services re- quired hereunder shall be completed within thirty six months from the date of this Contract. 4. Compensation: The Engineer will be compensated in accordance with the following schedule: Initialled by; _DB- ROY BASS, MAYOR FREESE-NICNOLS Partner 3. Partners - Per Diem S. W. Freese, J. R. Nichols, R. L. Nichols L. B. Freese, R. S. Gooch, J. P. Jones $250.00 Associates Per Diem 0. C. Allen, J. B. Mapes, A. H. Ullrich R. A. Thompson, III, W. E. Clement, E. C. Copeland $200.00 Staff Members Salary Cost Times Multiplier of 2.5 Salary Cost is defined as the cost of salaries of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc., for the time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits. sick leave, vacation -and holiday pay applicable thereto. (Salary Cost is equal to 1.26 times salary payments for 1975. This factor is adjusted. annually.) Quality Observation Expense E The Engineer will enter into an agreement with the Texas Water Development Board for daily water quality observations at the Justiceburg gage for a period of two years,'at an estimated cost of $3,000.00 per year. The Engi- neer will be reimbursed the actual cost of these observations. Geotechnical Investigation Expense The Engineer will enter into an agreement with Mason -Johnston & Associates, Inc. of Dallas, Texas for Preliminary Geologic and.Engineering Studies in accordance with the proposal dated April 23, 1975. The cost of these services is estimated to be approximately $7,825.50 and the Engineer will be reimbursed the actual cost of these services times a multiplier of 1.10. Other Direct Expense Actual Cost Times Multiplier of 1.15 Other direct expenses shall include printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expense directly related to the work, including costs of laboratory analysis, tests, or other work required to be done by independent persons or agents other than staff members. Total Compensation Limit It is understood and agreed that the total compensation for the scope of services outlined herein will not exceed $50,000.00. Initialled byc - ROY BASS, MAYOR 4. FREESE-NICHOLS Partner 5. Time of Compensation: Payment shall be made on the basis of statements prepared by the Engineer and submitted at monthly intervals. 6. Terms and Conditions: This agreement is subject to and incorporates the provisions attached hereto as Part II --Terms and Conditions. 7. Successors and Assignments: The OWNER and the ENGINEER, each binds himself, his partners, successors, executors, administrators, and assigns of the other party to this agreement, and to the partner, successors, executors, administrators,.and assigns of such other party in respect of all covenants of this agreement. Neither the OWNER nor the ENGINEER shall assign, sublet or transfer his interest in this agreement without the written consent of the other. This contract is executed in two counterparts. IN TESTIMONY HEREOF, they have executed this agreement, the day and -year first above written. ATTEST: revaPhi I I ips, C' y Secretary WITNESS: L -e-Q R, {&LpI wd ps fo to= FJgd_ O. $enter, Jr., City Attar CITY OF LUBBOCK Owner B -7SS ROY BASS, MAYOR FREESE AND NICHOLS Engineer By Partner Initialled by: Y ROY BASS, MAYOR FREESE-NICHOLS Partner iM PART II - TERMS AND CONDITIONS 1. Termination of Contract for Cause. If, through any cause, the Engineer shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Engineer shall violate any of the covenants, agreements, or stipulations of this Contract, the Owner thereupon shall . have the right to terminate this Contract by giving written notice to the Engineer of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Engineer under this Contract shall, at the option_ of the Owner, become its property and the Engineer shall be entitled to receive just and equitable compensation. Notwithstanding the above, the Engineer shall not be relieved of liability to the Owner for damages sustained by the Owner by virtue of any breach of the Contract by the Engineer, and the Owner may withhold any payments to the Engineer for the purpose of setoff until such time as the exact amount of damages due the Owner from the Engineer is determined. 2. Termination for Convenience of Owner. The Owner may terminate this Contract any time by a notice in writing from the Owner to the Engi- neer. If the Contract is terminated by the Owner as provided herein, the Engineer will be paid in accordance with Part I, Contract for Engineering Services, Paragraph 3, Compensation to Engineer. 3. Changes The Owner may, from time to time, request changes in the scope.of the services of the Engineer to be performed hereunder. Such changes, including any increase or decrease in the amount of the Engineer's compensation., which are mutually agreed upon by and between the Owner and the Engineer, shall be incorporated in written amendments to this Contract. 4. Personnel. a. The Engineer represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Owner. b. All the services required hereunder will be performed by the Engineer or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. Initialled by: '411-0 ROY BASS, MAYOR FREESE-N I CHOLS 1. Partner C. No person who is serving sentence in a penal or correctional institution shall be employed or work under this Contract. 5. Anti -Kickback Rules. Salariesof architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductfons as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Engineer shall comply with all applicable "Anti -Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this Contract to insure compliance by sub- contractors with such regulations, and shall be responsible for the sub- mission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. 6. Withholding of Salaries. If, in the performance of this Contracts there is any underpayment rpayment of salaries by the Engineer or by any subcontractor thereunder, the Owner shall withhold from the Engineer out of payments due to him an amount sufficient to pay to employees underpaid the difference between the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by the Owner for and on account of the Engineer or subcontractor to the respective employees to whom they are due. 7. Claims and Disputes Pertaining to Salary Rates. Claims and dis- putes pertaining to salary rates or to classifications of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be promptly reported in writing by the Engineer to the Owner for the latter's decision which shall be final with respect thereto. 8. Equal Employment Opportunity. During the performance of this Contract, the Engineer agrees as follows: a. The Engineer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Engineer will take affirmative action to ensure that applicants are employed, and that employees are treated during em- ployment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of com- pensation; and selection for training, including apprenticeship. The Engineer agrees to post in conspicuous places, available to employee Initialled by; to ROY BASS, MAYOR (=REESE-PI I CHOLS 2. Partner applicants for employment, notices to be provided by the Owner setting forth the provisions of this nondiscrimination clause. b. The Engineer will, in all solicitations or advertisements for employees placed by or on behalf of the_Engineer, state that all qualified applicants will receive consideration for employment without. regard to race, color, religion, sex, or national origin. C. The Engineer will cause the foregoing provisions to be inserted in all -subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 9. Discrimination Because of Certain Labor Matters. No person em- ployed on t e work cover by this Contract shall be discharged or in any way discriminated against because he has filed any complaint or instituted or caused tc be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards appli- cable hereunder to his employer. 10. Compliance with Local Laws. The Engineer shall comply with all applicable laws, ordinances, and codes of the State and local governments, and shall commit no trespass on any public or private property in per- forming any of the work embraced by this Contract. 11. Subcontracting. None of the services covered by this Contract shall be suFcontracted without the prior written consent of the Owner. The Engineer shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or in- directly employed by them, as he is for the acts and omissions of persons directly employed by him. The Engineer shall insert in each subcontract appropriate provisions requiring compliance with the labor standards pro- visions of this Contract. 12. Assignability. The Engineer shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the Owner: Provided, however, that claims for money due or to become due the Engineer from the Owner under this Contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Owner. "'04M Initialled by; ROY BASS, MAYOR FREESE-,NI CHOLS 3• Partner 13. Interest of Owner. No member of the governing body of the Owner, and no other official, employee, or agent of the Owner who exercises any functions or responsibilities in connection with the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 14. Interest of Other Local Public Officials. No member of the governing Body of the locality in which t e Project Area is situated. and no other public official of such locality, who exercises any functions or responsibilities in the review or approval of the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 15. Interest of Certain Federal Officials. No member of or Delegate to the Congress of the United States, and no Resident Commissioner. -shall be admitted to any share or part of this Contract or to any benefit to arise herefrom. 16. Interest of Engineer.. The Engineer covenants that he presently has no interest andshall not acquire any interest, direct or indirect, in the above -described Project Area or any parcels therein or.any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Engineer further covenants that in the performance of this Contract no person having any such interest shall be employed. 17. Findings Confidential. All of the reports, information data, etc., prepared or assembled by the Engineer under this Contract are confi- dential and the Engineer agrees that they shall not be made available to any individual or organization without the prior written approval of the Owner. [nit(alled by..; ROY BASS, MAYOR FREESE-,N 1 CHOLS Partner 4.