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HomeMy WebLinkAboutResolution - 2005-R0023 - Engineering Services Agreement - Black & Veatch Corporation - 01_13_2005Resolution No. 2005-R0023 January 13, 2005 Item No. 14 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 between the City of Lubbock and Black & Veatch Corporation for Engineering Services, regarding Water Resources Improvements. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this ATTEST: Rebo6ca Garza, City Secretary 13th day of Tannary ?nn5 APPROVED AS O C TENT: Chester Carthel, Water Planning Engineer APPROVED AS TO FORM: 1;6chard K. Casner, First Assistant City Attorney gs/ccdocs/Res.Agrmt-Black& VeatchCo rp-EngineeringS ervs Jan. 4, 2005 Resolution No. 2005-R0023 January 13, 2005 Item No. 14 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT (Agreement) is by and between City of Lubbock, Texas (Owner) and Black & Veatch Corporation (Engineer); WITNESSETH: WHEREAS, Owner intends to implement Water Resources Improvements (the Project); WHEREAS, Owner requires certain engineering services in connection with the Project (the Services); and, WHEREAS, Engineer is prepared to provide the Services. NOW, THEREFORE, in consideration of the promises contained in this Agreement, Owner and Engineer agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be January 13 , 2005. ARTICLE 2 - GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to the principles thereof relating to conflicts of law. THIS AGREEMENT IS PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS AND OWNER AND ENGINEER IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR PURPOSES OF LEGAL PROCEEDINGS ARISING OUT OF THIS AGREEMENT. 02/20/04 1 ARTICLE 3 - SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Services described in Attachment A, Scope of Services. Engineer shall have no liability for defects in the Services attributable to Engineer's reliance upon or use of data, design criteria, drawings, specifications, or other information furnished by Owner or third parties retained by Owner. ARTICLE 4 — COMPENSATION 4.1 Payment shall be due and payable upon receipt by Owner to Engineer in accordance with Attachment B, Compensation. 4.2 Method of Payment. Payments due Engineer under this Agreement shall be electronically transferred either by ACH, specifically in CCD+ or CTX format, or wire transfer to the bank account and in accordance with the bank instructions identified in Engineer's most recent invoice in immediately available funds no later than the payment due date. Invoice number and project name shall be referenced in the bank wire reference fields or the ACH addenda information. Payments due Engineer under this Agreement may also be made by check and mailed to the PO Box identified in the remittance instructions on the Engineer's most recent invoice, and received by Engineer no later than the payment due date. The Remittance Advice document shall be mailed with the check to the PO Box. 4.3 In the event Owner disputes any invoice item, Owner shall give Engineer written notice of such disputed item within ten (10) days after receipt of such invoice and shall pay to Engineer the undisputed portion of the invoice according to the provisions hereof. If Owner fails to pay any invoiced amounts when due, interest will accrue on each unpaid amount at the rate of one and one-half percent (1 '/2%) per month, or the maximum amount allowed by law, if less, from the date due until paid according to the provisions of this Agreement. Interest shall not be charged on any disputed invoice item finally resolved in Owner's favor. Payment of interest shall not excuse or cure any default or delay in payment of amounts due. 02/20/04 2 ARTICLE 5 - OWNER'S RESPONSIBILITIES Owner shall be responsible for the items described in Attachment C, Owner's Responsibilities. In addition, Owner shall at such times as may be required by Engineer for the successful and expeditious completion of the Services: 5.1 Obtain all permits and licenses required to be taken out in the name of Owner which are necessary for the performance of the Services; 5.2 Provide Engineer with all specifications necessary for the completion of the Services; 5.3 Provide Engineer with soil data evidencing that the site is clean and free of above ground and underground obstructions, fissures, faults and other similarly hidden features which will interfere with the completion of the Services; and 5.4 Advise Engineer of the existence, if known, of all hazardous materials, including, but not limited to, asbestos, polychlorinated biphenyls (PCBs) and radioactive material and other toxic substances, encountered by Engineer in the performance of the Services. ARTICLE 6 - STANDARD OF CARE Engineer shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. NO OTHER WARRANTY, EXPRESSED OR IMPLIED, IS INCL UDED IN THIS A GREEMENT OR INANY DRAWING, SPECIFICATION, REPORT, OR OPINION PRODUCED PURSUANT TO THIS AGREEMENT. ARTICLE 7 - LIABILITY AND INDEMNIFICATION 7.1 General. Having considered the potential liabilities that may exist during the performance of the Services, the benefits of the Project, and the Engineer's fee for the Services, and in consideration of the promises contained in this Agreement, Owner and Engineer agree to allocate and limit such liabilities in accordance with this Article. Indemnities against, releases from, and limitations on liability expressed in this Agreement shall apply even in the event of the breach of contract or warranty, tort (including negligence), strict liability or other basis of legal liability of the party indemnified or released, or of the party whose liability is limited. 02/20/04 7.2 Indemnification. Engineer agrees to defend, indemnify, and hold harmless the Owner, from and against legal liability for all claims, losses, damages, and expenses resulting from death or bodily injury to any person, damage or destruction to third -party property to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Engineer and Owner, they shall be borne by each party in proportion to its own negligence. 7.3 Employee Claims. Engineer shall indemnify Owner against legal liability for damages arising out of claims by Engineer's employees. 7.4 Consequential Damages. Notwithstanding any provision in this Agreement to the contrary, and to the fullest extent permitted by law, Engineer (including any of its related or affiliated companies) shall not be liable to Owner and Owner expressly waives all claims for loss of profits, revenue, use, opportunity, and goodwill; cost of substitute facilities, goods, and services; cost of capital; increased operating costs; and for any special, indirect, incidental, consequential, punitive, or exemplary damages resulting in any way from the performance or non-performance of the Services whether arising under breach of contract or warranty, tort (including negligence), indemnity, strict liability or other basis of legal liability. 7.5 Survival. Upon completion of all Services, obligations, and duties provided for in this Agreement, or if this Agreement is terminated for any reason whatsoever, the terms and conditions of this Article shall survive. ARTICLE 8 — INSURANCE General Liability. Engineer's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $1,000,000 each occurrence and in the aggregate and shall include the following: • Bodily Injury and Property Damage. • Personal Injury and Advertising Injury. 02/20/04 4 • Fire legal liability. • Products and completed operations. Business Automobile Liability. Engineer's insurance shall contain a combined single limit of at least $500,000 per occurrence, and include coverage for but not limited to the following: • Bodily injury and property damage. • Any and all vehicles owned, used, or hired. Professional Liability_Engineer's insurance shall contain a combined single limit of a minimum of $1,000,000 per occurrence and in the aggregate. Workers' Compensation and Employers Liability Insurance. Engineer shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Engineer shall maintain said coverage throughout the term of this Lease and shall comply with all provision of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. Any termination of workers' compensation insurance coverage by Engineer or any cancellation or non -renewal of workers' compensation insurance coverage for the Engineer shall be a material breach of this contract. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Employer's Liability with limits of at least $500,000 each accident, $500,000 by disease policy limit, and $500,000 by disease each employee shall also be obtained and maintained throughout the term of this Lease. Other Insurance Requirements. Engineer agrees to waive its right of recovery against City of Lubbock for all claims and suits against City of Lubbock which are or may be covered by the above described insurance coverages, except for claims arising under the Professional Liability policy. In addition, its insurers, through policy endorsement, waive their right of subrogation against City of Lubbock for all claims and suits except for the Professional Liability policy. The 02/20/04 5 certificate of insurance must reflect waiver of subrogation endorsement. Engineer further waives its right of recovery, and its insurers also waive their right of subrogation against City of Lubbock for loss of its owned or leased property or property under its care, custody, or control. If the services extend to the construction phase, a similar provision shall be included in all construction contracts, subcontracts and supply agreements entered into by the City of Lubbock and shall protect the City of Lubbock and Engineer to the same extent. Engineer's insurance policies through policy endorsement must include wording, which states that the policy shall be primary and non-contributing with respect to any insurance carried by City of Lubbock. The certificate of insurance described below must reflect that the above wording is included in evidenced policies. All policies required above (excluding Workers' Compensation and Professional Liability) shall include a severability of interest endorsement and shall name the City of Lubbock as an additional insured with respect to work performed. Severability of interest naming City of Lubbock as an additional insured shall be indicated on the certificate of insurance described below. Engineer shall provide a Certificate of Insurance to the City of Lubbock as evidence of the required insurance coverage. The Certificate will provide 30 days notice of cancellation. A copy of the required endorsements and waivers of subrogation shall be included in the Certificate. ARTICLE 9 - LIMITATIONS OF RESPONSIBILITY Engineer shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project; (2) the failure of any contractor, subcontractor, vendor, or other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to the Owner or to comply with federal, state, or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A, Scope of Services. 02/20/04 6 ARTICLE 10 - OPINIONS OF COST AND SCHEDULE Since Engineer has no control over the cost of labor, materials, or equipment furnished by others not under contract to Engineer, or over the resources provided by others not under contract to Engineer to meet Project schedules, Engineer's opinion of probable costs and of project schedules for construction shall be made on the basis of experience and qualifications as a professional engineer. Engineer does not guarantee that proposals, bids, or actual Project costs will not vary from Engineer's opinions of probable cost or that actual schedules will not vary from Engineer's projected schedules. ARTICLE 11 - REUSE OF DOCUMENTS All documents, including, but not limited to, drawings, specifications, and computer software prepared by Engineer pursuant to this Agreement are instruments of service in respect to the Project. They are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without prior 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. Any verification or adaptation of documents will entitle Engineer to additional compensation at rates to be agreed upon by Owner and Engineer. Any files delivered in electronic media may not work on systems and software different than those with which they were originally produced. Engineer makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. ARTICLE 12 - OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Project specific engineering documents, drawings, and specifications prepared by Engineer as part of the Services shall become the property of Owner when Engineer has been compensated for all Services rendered, provided, however, that Engineer shall have the unrestricted right to their use. Engineer shall, however, retain its rights in its standard drawing details, specifications, 02/20/04 7 data bases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Engineer. ARTICLE 13 - TERMINATION This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The nonperforming party shall have fifteen calendar days from the date of the termination notice to cure. Owner may terminate or suspend performance of this Agreement for Owner's convenience upon written notice to Engineer. Engineer shall terminate or suspend performance of the Services on a schedule acceptable to Owner. If termination or suspension is for Owner's convenience, Owner shall pay Engineer for all the Services performed and termination or suspension expenses, including, but not limited to, demobilization, remobilization and cancellation charges — however, in no event shall such payments exceed Engineer's contract amount. Upon restart, an equitable adjustment shall be made to Engineer's compensation. ARTICLE 14 - DELAY IN PERFORMANCE Except for Owner's payment obligation, neither Owner nor Engineer shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non -performing party. For purposes of this Agreement, such circumstances include, but are not limited to: unusually severe weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either Owner or Engineer under this Agreement. 02/20/04 Should such circumstances occur, the non -performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Engineer shall be entitled to an equitable adjustment agreeable to both parties in schedule and compensation in the event such circumstances occur. ARTICLE 15 - PRE-EXISTING CONTAMINATION Anything herein to the contrary notwithstanding, title to, ownership of, and legal responsibility and liability for any and all pre-existing contamination shall at all times remain with Owner. "Pre-existing contamination" is any hazardous or toxic substance, material, or condition present at the Project site or sites concerned which was not brought onto such site or sites by Engineer for the exclusive benefit of Engineer. Owner shall release Engineer from and against any and all liability which may in any manner arise from or be in any way directly or indirectly caused by such pre-existing contamination except if, and then only to the extent, such liability is caused by Engineer's negligence. ARTICLE 16 - COMMUNICATIONS Any communication requited by this Agreement shall be made in writing to the address specified below: Engineer: Black & Veatch Corporation 9441 LBJ Freeway, Suite 300 Dallas, TX 75243 Attention: Philip Spitzer Owner: City of Lubbock P.O. Box 2000 Lubbock, TX 79457 Attention: Chester Carthel Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Engineer and Owner. 02/20/04 9 ARTICLE 17 - WAIVER A waiver by either Owner or Engineer of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. ARTICLE 18 - 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 this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this 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 Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. ARTICLE 19 - INTEGRATION This Agreement represents the entire and integrated agreement between Owner and Engineer. It supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may only be modified by a written amendment executed by both parties. ARTICLE 20 - SUCCESSORS AND ASSIGNS Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators, permitted assigns, and legal representatives to the other party to this Agreement and to the directors, officers, partners, successors, executors, administrators, assigns, and legal representatives of such other party in respect to all provisions of this Agreement. ARTICLE 21 - ASSIGNMENT Neither Owner nor Engineer shall assign any rights or duties under this Agreement without the prior written consent of the other party, except that Engineer may do so to any of its related, 02/20/04 10 affiliated, or successor entities upon written notice to Owner of same. Unless otherwise stated in the written consent to an assignment, no assignment will release or discharge the assignor from any obligation under this Agreement. Nothing contained in this Article shall prevent Engineer from employing independent consultants, associates, and subcontractors to assist in the performance of the Services. ARTICLE 22 - THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and Engineer. IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement effective as of the date first written above. City of Lubbock, TX OWNER Lim Black & Veatch Corporation IS 3 Printed Name *e:CE / Printed Name V Title A?,:i Title Date ATTEST: B Rebecca Garza, City Secre APPROVED A5 TO FORM: By Chester Carthel, P.E., Chief Engineer APPROVED AS TO FORM: By ,/ 42, Richard Casner, Fist Asst. City Attorney Date --i-T ATTEST: ,r e2 Maria Villagdftiez; Aylrr-nlstiratis a Assistant 02/20/04 11 ATTACHMENT A TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Water Resources Improvements Scope of Service GENERAL REOUIREMENTS: Resolution No. 2005-R0023 January 13, 2005 Item No. 14 A. Provide accounting/invoice preparation and review, subconsultant management, project manual, progress tracking, filing, monthly updates to City, participate in routine internal progress meetings, and maintain an issues log. B. Participate in regularly scheduled monthly meetings with City for the anticipated duration established in the project objectives. Prepare and provide to City a meeting agenda prior to each meeting. Provide materials required for each meeting. Prepare meeting minutes for each meeting and provide to City within five (5) working days of the meeting date. Establish sections within the minutes that clearly identify project team decisions and action items with responsible party. C. Provide a weekly status report that briefly summarizes any information requested by City; project status; upcoming deliveries; upcoming milestones, events, or meetings; and outstanding issues. The status reports shall be submitted electronically. D. Provide monthly progress/status reports of sufficient detail to support monthly billings. The monthly status report shall be consistent with the billing period. E. Format for CADD files shall be AutoCAD' 2004. Reference CADD files to US State Plane Coordinates. Full-size plans shall be 22-inch by 34-inch sheets. Half size plans shall be 11-inch by 17-inch sheets. Any new plan sheets shall conform to the format established at the beginning of the design. Typical format shall be submitted for City approval at the beginning of the design process. Specifications shall be in an electronic format compatible with Microsoft Word. F. Promptly advise City of any comments or requests which are out of scope or which will affect construction or engineering costs. 1 /4/04 A-1 G. Provide internal quality control for deliverables prior to submission to City as outlined in the Specific Requirements section. H. Engineer shall maintain a "Decisions Log" detailing action items identified in meetings or during the design process, date the issue was identified, the responsible individual, resolution solution, and resolution date. I. Engineer shall produce a project schedule to be approved by City at the beginning of the project. The duration shall match the anticipated project time frame herein. Engineer shall update the schedule monthly with project progress. Engineer shall document reasons for any project delays and indicate how the project will be brought back on schedule. SPECIFIC REQUIREMENTS: A. PART I — PRELIMINARY ENGINEERING (Anticipated Duration 5 Months) Briefings and Communications • Meetings with Lubbock Water Advisory Commission (LWAC) and City staff to set plant performance goals. Two meetings are anticipated. • Perform preliminary engineering on facility improvements necessary to meet plant performance goals. • Issue Design Memorandum summarizing plant performance goals, design options evaluated, costs (capital and operation and maintenance) of design options, and recommended option. • Brief City staff on project status. One meeting is anticipated. • Brief City Council, LWAC and City staff on Design Memorandum. Two meetings are anticipated. Nutrient Study Perform a review of the existing Plants 2, 3, and 4 for the purpose of determining what would be required to provide nutrient removal in the effluent. An alternative will be investigated to construct a new Plant 5 and decommission Plant 2. Nutrient removal will include phosphorus and total nitrogen reduction. An opinion of cost for constructing the new processes and modifications to existing processes, piping, and site work will be included along with an opinion of operation and maintenance cost of nutrient reduction in the effluent. A draft memorandum will be prepared summarizing the methodologies used plus the key finding and recommendations from the study and submitted in electronic format to the City for review and comment. Based on comments received on the draft memorandum, necessary modifications will be made, and the information included in the Stream Discharge Evaluation Report dated September 2003 prepared by Black & Veatch and Parkhill, Smith, and Cooper. 1 /4/04 A-2 Preliminary Engineering Report Perform engineering investigations, studies, calculations, site investigations, process analysis, research of reports, and formulation and evaluation of various alternatives for wastewater treatment systems. Make recommendations and prepare and submit an engineering design report in accordance with the following specific requirements. 1. Review pertinent reports and documents. 2. Obtain and review pertinent regulations and regulatory permit requirements. Potential phosphorous and nitrogen limitation requirements shall be included in alternative analysis. 3. Coordinate as necessary with other on -going design projects and studies. 4. Design Report — Perform research and calculations and prepare a single document as follows: a. Executive Summary — Prepare an Executive Summary providing concise findings and recommendations, not to exceed four pages in length. b. Introduction — Compose an introductory chapter providing the history and basic assumptions for the report. c. Design Wastewater Characteristics — Document the design criteria for the project based on previous reports and information developed since publication of those reports. d. Alternatives Evaluation — Write descriptions of each alternative considered, clearly indicating advantages, disadvantages, and any intangible considerations. Provide a summary of budget -level capital, operation, and maintenance (life -cycle) costs. Recommended Alternative — Provide a detailed description of the Engineer's recommended alternative including the size and number of units, layout of facilities, types of materials, and other design criteria. f. Instrumentation & Control - Review existing control and instrumentation standards plus recommend and delineate compatible additions and modifications consistence with current practices. g. Energy Requirements — Provide a summary of the energy requirements for the recommended improvements and specific measures undertaken to reduce energy consumption. h. Deliver ten copies of the draft design report for City review and comment. Incorporate comments as appropriate and deliver fifteen copies of the final design report plus one copy in electronic format (PDF). 1 /4/04 A-3 Basis of Design Memorandum Prepare the basis of design memorandum, in accordance with the State's Design Requirements for Sewerage Systems, which will establish all of the design parameters for the project. The memo will include the civil and process sections in the main body. The technical service disciplines will include structural/architectural, building systems mechanical, process mechanical, and electrical/instrumentation. The technical service memos will be attached to the main body as appendices after Level I of detailed design is initiated. Only the civil and process portions of the project will be complete in the first submittal. Concurrence with the City staff on all provisions of the design memorandum will be obtained before proceeding with detailed design. A preliminary equipment list, including two to three potential manufacturers, will be attached to the design memorandum; the list will be updated with each submittal. a. General project scope and background references. b. Design criteria including: • Flow rates, present and anticipated. • Raw wastewater quality (BOD, suspended solids, etc.). • Design objective, effluent quality. • TPDES permit requirements, present and anticipated. • Sludge quantities and types (raw, digested, waste activated, conditioned, dewatered, etc.). c. Applicable codes and standards, including fire and safety codes. d. Local building, planning, and zoning department requirements; site considerations, including subsurface conditions, flood elevations, drainage requirements, etc. e. Preliminary site plan, building layouts, and architecture. f. Preliminary hydraulic profile of treatment facilities. g. Liquid process and hydraulic systems. h. Sludge process systems and handling. Sludge disposal method. j. Chemical feed and storage facilities. k. Odor control systems. 1. Electrical systems. l /4/04 A-4 m. Operational monitoring and control systems. n. HVAC systems. o. Communications systems. p. Structural design criteria. q. Miscellaneous support systems, including non -potable water. r. Security systems. s. Utility requirements. t. Equipment list. u. Identify sole source equipment that will have the price negotiated prior to bids. 2. Submit ten copies to City for review. 3. Meet with and obtain City's comments on the design memorandum. Resolve any questions, revise documents if necessary, and resubmit fifteen copies to City. Update and distribute the design memorandum with each design level. 4. Update the study level cost opinion. The opinion will be based on changes made in the project since the conceptual level cost opinion was prepared for study. Unit process costs will be calculated in the same manner as the study. No quantity take -off will be performed at this level. B. PART 2 — DETAILED DESIGN (Anticipated Duration 12 Months) To be added by Contract Amendment. C. PART 3 — RECLAIMED WATER EVALUATION (Anticipated Duration 12 Months) Briefings and Communications • Meetings with LWAC and City staff to refine reclaimed water alternatives. Two meetings are anticipated. • Perform evaluation of potential alternatives for use of reclaimed water. • Issue a memorandum summarizing City's current reuse practices, potential reclaimed water use options, and recommendations for further detailed evaluation. • Brief City staff on project status. Eight meetings are anticipated. 1 /4/04 A-5 • Brief City Council, LWAC, and City staff on memorandum. Two meetings are anticipated. Reclaimed Water Assessment Prepare a memorandum that details findings of an engineering review of options available to the City concerning reclaimed water use. Make recommendations and submit the memorandum in accordance with the specific requirements. I . Obtain and review the City's existing direct reuse contracts. 2. Obtain data on the City's current land application and reuse practices, including quantity and quality of water applied/reused, type of use, and projected future use. 3. Investigate the feasibility of potential uses of reclaimed water. These potential uses may include the following: a. Crop irrigation. b. Industrial/power use. c. Recreational lake augmentation. d. Irrigation of publicly -owned lands. e. Commercial uses (i.e. car washes). f. Groundwater recharge. • Lubbock County • Sandhills Well Field • City Farms g. Surface water supplementation. • Lake Alan Henry • Jim Bertram Lake Systems • Post Reservoir • White River Lake 4. Identify the regulatory mechanism for each reclaimed water use. 5. Review current and potential regulations concerning reuse. 6. EvaIuate potential economic benefits to City from wastewater reuse strategies. 1 /4/04 A-6 7. Coordinate with City legal counsel to identify water quality and water rights permit requirements and actions required to address beneficial uses for different purposes. 8. Develop alternatives for reclaimed water use, including recommended facilities and facility locations. Describe advantages and disadvantages of each option. 9. Prepare a memorandum that provides alternatives for reclaimed water use. Submit ten copies for City review and comment. 10. Meet with the City to discuss comments and to select three alternatives for further detailed evaluation. 11. Incorporate comments and decisions on selected alternatives and deliver fifteen copies of the final memorandum plus one copy in electronic format. D. PART 4 — WATER RESOURCES MASTER PLAN (Anticipated Duration 12 Months) Briefings and Communications • Meetings with LWAC and City staff to set study goals concerning plant performance, water storage, and long term water supply. Three meetings are anticipated. • Perform evaluation on improvements necessary to meet plant performance goals, improvements necessary to meet storage needs, and potential water supply alternatives. • Issue three memoranda summarizing (1) recommended improvements to the water treatment plant, (2) recommended improvements to the storage system, and (3) water supply alternatives. • Brief City staff on project status. Six meetings are anticipated. • Brief City Council, LWAC, and City staff on memoranda. Three meetings are anticipated. • Issue a final report including findings from the water treatment plant evaluation, water storage evaluation, and long term water supply evaluation. • Brief City Council, LWAC, and City staff on final report. One meeting is anticipated. Water Treatment Plant Evaluation Interview plant operation's personnel to determine hydraulic or process restrictions and any other operational issues. 2. Obtain and review operation and maintenance data for the treatment plant. 1 /4/04 A-7 3. Perform a site visit to the treatment plant to evaluate the condition of major equipment and controls and the ability of the equipment to perform its intended function. 4. Obtain existing reports and documents and review treatment process. 5. Assess the treatment plant in terms of current and potential treatment capacity. 6. Evaluate potential future water demands based on previously developed data and population projections. 7. Develop alternatives for water treatment, including combinations of rehabilitation of existing facilities and construction of new facilities. Provide recommendations for the improvement required for each plant to address projected flow conditions, existing permit conditions, and probable future permit conditions. Describe advantages and disadvantages for each alternative. 8. Prepare a memorandum that provides alternatives for water treatment, including recommendations, and a proposed schedule of implementation. Submit 10 copies for the City to review. 9. Meet with the City to discuss comments. 10. Incorporate comments into the final report. Water Storage Evaluation 1. Interview City staff to identify existing storage facilities, any restrictions, and system needs. 2. Review facilities and determine adequacy based on size, location, and condition. 3. Evaluate current and future storage needs. 4. Identify improvements necessary to meet storage needs. 5. Prepare a memorandum summarizing findings, recommended improvement, and a proposed schedule for improvement implementation. Submit 10 copies for the City to review. 6. Meet with the City to discuss comments. 7. Incorporate comments into the final report. Long Term Water Supply Evaluation 1. Obtain and review existing reports and documents on water supply. 2. Compile and assess information from existing reports and documents. 3. Develop water supply alternatives. 1 /4/04 A-8 4. Meet with City staff and LWAC to select up to three preferred water supply alternatives. 5. Develop costs associated with selected water supply alternatives and an implementation schedule. 6. Prepare a memorandum summarizing findings, water supply alternatives, costs, and schedules. Submit ten copies for the City to review. 7. Meet with the City to discuss comments. 8. Incorporate comments into the final report. Final Report 1. Prepare a report that ties together the findings from water treatment plant evaluation, the water storage evaluation, and the long term water supply evaluation. Report will summarize current conditions and future needs of the City. Alternatives will be summarized, recommendations presented, and an implementation plan included. Submit ten copies for the City to review. 2. Meet with the City to discuss comments. 3. Incorporate comments and deliver fifteen copies of the final memorandum plus one copy in electronic format. E. PART 5 — RATE STUDY To be added by Contract Amendment. 1 /4/04 A-9 SUPPLEMENTAL SERVICES A. Any Work requested by 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. Additional appearances at public hearings or before special boards. 3. Supplemental engineering Work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this agreement. 4. Special consultants or independent professional associates requested or authorized by Owner. 5. Assistance with bid protests and rebidding. 6. Preparation for litigation, arbitration, or other legal or administrative proceedings; and appearances in court or at arbitration sessions in connection with bid protests, change orders, or construction incidents. 7. Additions to an engineering report to update or revise original recommendations. 8. Revision of designs, drawings, and specifications to incorporate changes arising from Value Engineering review. 9. Value Engineering reviews and services. 10. Provision, through a subcontract, of land and property surveys and property descriptions, including legal property description, as required by the project. 11. Provision, through a subcontract, of the services of a title company to prepare title reports on each parcel of property on which easements or rights -of -way are required or which is to be purchased. 12. Provision, through a subcontract, of the services of a land surveyor to prepare legal descriptions for the Owner's use in acquiring required property rights -of -way and easements. 13. Provision, through a subcontract, of a qualified appraiser to appraise the property rights -of -way and easements to be acquired, and to meet and negotiate with the property owners involved. 14. Engineering assistance to Owner in negotiation meetings and condemnation proceedings. 1/4/04 A-10 15. Provision, through a subcontract, of the necessary surveying to re-establish streets to preconstruction grade, and referencing and re-establishing land surveying monuments. In easement or right-of-way areas, marking the easement or right-of-way limits. 16. Provision, through a subcontract, of aerial photography as requested or approved by Owner. 17. Provision, through a subcontract, of photographs or videotapes of the construction site topographic and infrastructure features along pipelines or access roads prior to starting during construction and following completion of construction. 18. An environmental assessment and/or environmental impact statement as requested by Owner or required by review agencies. 19. Provision, through a subcontract, of a cultural resources or archaeological study and report on the construction site pipeline route(s). 20. Provision, through a subcontract, of archaeological consultations regarding artifacts that may be uncovered during construction. 21. Observing factory tests and/or field retesting of equipment that fails to pass the initial test. 22. Conducting pilot plant studies and tests. 23. Assisting Owner in complying with the requirements of 40 CFR Part 35, Paragraphs 35.2218(c) through 35.2218(e) as published in the Federal Register, Vol. 49, No. 34 - Friday, February 17, 1984 as amended. 24. Visits to the construction site or to Owner's location in excess of the number of such trips and the associated time set forth in other phases. 25. Receiving wage rate information submitted by the Contractor and forwarding the information to Owner. 26. Preparation of a master construction schedule from individual schedules submitted by construction contractors, and coordination and resolution of conflicts with contractors' schedules. 27. Assistance in financially related transactions for the project. 28. Special reports requested by Owner concerning facilities operation and personnel matters during the operation startup period. 29. Where field conditions differ from the conditions indicated in the construction contract documents or soil boring reports, preparing sketches of construction work for approval by Owner, to supplement the drawings and specifications as may be required; and providing redesign or relocation information if required by underground obstructions, utilities, or other conditions. 1/4/04 A-11 30. Services for making revisions to drawings and specifications made necessary by the acceptance of substitutions proposed by the Contractor; and services after the award of each contract for evaluating and determining the acceptability of substitutions proposed by the Contractor. 31. Services resulting from significant delays, changes, or price increases caused directly or indirectly by shortages of materials, equipment, or energy. 32. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work by any Contractor, (3) acceleration of the progress schedule involving service beyond normal working hours, (4) default by any Contractor, and (5) failure of the Contractor to complete the work within the construction contract time. 33. Special services in connection with partial utilization of any part of the project by Owner prior to Substantial Completion which requires the Resident Project Representative to work additional hours or requires employment of additional onsite personnel. 34. Evaluation of unusually complex or unreasonably numerous claims submitted by the Contractor or others in connection with the work. 35. Review and analysis of claims for differing subsurface and physical conditions submitted by the Contractor or others in connection with the work. 36. Changes in the general scope, extent, or character of the project, including, but not limited to: a. Changes in size or complexity. b. Owner's schedule, design, or character of construction. c. Method of financing. d. Revision of 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, or designs. 1/4/04 A-12 Resolution No. 2005-R0023 January 13, 2005 Item No. 14 ATTACHMENT B TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Water Resources Improvements Compensation For the services covered by this Contract, the Owner agrees to pay the Engineer as follows: 1. For Part I —Preliminary Engineering, a fixed fee of $303,100. The fixed fee for subsequent parts presented in Attachment A — Scope of Services will be added by Contract Amendment. Engineer shall not start work on subsequent phases without written authorization from Owner. 2. For Supplemental Services, an amount equal to the Engineer's payroll costs times 2.25 plus reimbursable expenses at cost and plus subcontract billings times 1.10. 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. 3. The Engineer agrees to use its best efforts to perform the services within the billing limits stated above and in accordance with the agreed upon performance schedules. If, at any time, the Engineer has reason to believe that the cost of the services will be greater or substantially less than the billing limits, the Engineer shall promptly notify the Owner to that effect, giving a revised billing limit for performance of the services. 4. The Owner will not be obligated to reimburse the Engineer for costs incurred in excess of the billing limits specified above, nor shall the Engineer be obligated to continue performance other than performance under Part 1 of Attachment A under the Agreement or otherwise incur costs in excess of that amount, unless and until the Owner notifies the Engineer in writing that the billing limits have been increased, and has specified in such notice revised billing limits for the services in question. When and to the extent that the billing limits have been increased, any costs incurred by the Engineer, in excess of the billing limits prior to their increase shall be allowable to the same extent as if such costs had been incurred after the increase in the billing limits was approved. Monthly payments shall be made to the Engineer by the Owner based on the Engineer's statement. For fixed price work items, the statement shall indicate amount due proportionate to the progress of the work as reported by the Engineer. Copies of subcontractor invoices will be provided to the Owner. 01/11/05 B-1 6. It is understood and agreed: That the Engineer shall start the performance of the services listed below within ten (10) days of receipt of Notice to Proceed (NTP) and shall submit the documents covering them to the Owner for review within the anticipated calendar day periods noted below: Part 1 — Preliminary Engineering 150 days from NTP Part 2 — Detailed Design 365 days from NTP Part 3 — Reclaimed Water Evaluation 365 days from NTP Part 4 — Water Resources Master Plan 365 days from NTP Part 5 — Rate Study To Be Determined 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. 01/11/05 B-2 Resolution No. 2005-R0023 January 13, 2005 Item No. 14 ATTACHMENT C TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Water Resources Improvements Owner's Responsibilities The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items: l . 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. Data and records required include but are not limited to: a. Raw wastewater characteristics. b. Effluent wastewater quality and characteristics. C. Facility operating records, including quantity and pattern of raw wastewater flow, effluent flow, and system pump station capacities. d. Complaints from the public or from operators or employees regarding the facilities, operations, or use. e. Utility service contracts and schedules. 2. Access to public and private property when required in performance of the Engineer's services. 3. 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 sanitary sewer system and force mains, wastewater pump stations, and wastewater treatment facilities. 4. Property, boundary, easement, right-of-way, topographic and existing utility surveys and property descriptions. 5. Public space for pre -bid conferences and pre -construction conferences and the audio equipment and projection equipment required for such conferences. 6. Legal advertisement of project letting or bid date and such other publications of the "Invitation to Bid" as desired by the Owner. 7. Royalties and fees for patented processes used in the work, except those required to be paid by construction contractors as part of the construction contract. 8. Shop, mill, or laboratory inspection of materials. 01/05/05 C-1