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HomeMy WebLinkAboutResolution - 2006-R0369 - Professional Services Agreement - Carter & Burgess, Inc. - 07_25_2006Resolution No. 2006-RO369 July 25, 2006 Item No. 5.14 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, a Professional Services Agreement, by and between the City of Lubbock and Carter & Burgess, Inc., and all related documents. Said Professional Services 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 25th day of July 2006. DAVID A. M-1I4 ER, MAYOR ATTEST: Recca Garza, City Secretary APPROVED AS TO CONTENT: ty APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney ml/ccdocs/Carter & Burgess.res July 10, 2006 Resolution No. 2006 RO369 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement') is entered into this 25th day of July , 2006, by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Carter & Burgess, Inc. (the "Engineer"), a Texas corporation. WITNESSETH WHEREAS, Engineer has substantial skill and experience in the preparation of Wastewater Collection System Master Plans (the "Plan"); WHEREAS, the City desires to contract with Engineer to perform services related to preparation of the Plan and Engineer desires to provide the services related to same. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Engineer agree as follows: ARTICLE I Services 1.01 Engineer shall conduct all activities and within such time frames, as set forth on Exhibit "A", "Scope of Services", attached hereto (the "Services"). ARTICLE II Compensation and Term 2.01 The consideration to be paid for the Services to be provided the City as described in Article I shall be as set forth on Exhibit `B", attached hereto. The sum due and payable to Engineer shall not in any event exceed Six Hundred Eighty -One Thousand, Three Hundred Twenty -Five Dollars ($681,325). The Engineer shall submit monthly partial payment invoices based on the percentage of work accomplished during the preceding month. The Engineer's monthly invoices shall be payable by the City within thirty (30) days of receipt of same. 2.02 The City may terminate this Agreement for convenience by providing written notice to Engineer at least thirty (30) days prior to the effective date of termination as provided in such notice. In the event this Agreement is so terminated, the City shall pay Engineer only for services actually performed by Engineer up to and including the date the Engineer is deemed to have received the City's notice of termination. ARTICLE III Independent Contractor 3.01 It is understood and agreed that Engineer is to perform the Services in a sound and professional manner and exercising the degree of care, skill and diligence in the performance of the Services as is exercised by a professional engineer under similar circumstances. Further, Engineer is and shall be considered at all times an independent contractor under this Agreement and/or in its service, hereunder. During the performance of the Services under this Agreement, Engineer and Engineer's employees 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. 90A 4.01 ARTICLE IV Events of Default/Remedies a. City's Defaults/Engineer's Remedies. In the event the City shall default in the performance of any term or provision of this Agreement for any reason other than failure by Engineer to perform hereunder, Engineer may, if said default shall be continuing after five (5) days notice of such default is delivered to the City, exercise any right or remedy available to it by law, contract, equity or otherwise. b. Engineer's Defaults/City's Remedies. In the event Engineer shall default in the performance of any term or provision of this Agreement for any reason other than failure by the City to perform hereunder, the City may, if said default shall be continuing after five (5) days notice of such default is delivered to Engineer, exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, specific performance and/or the right to terminate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. ARTICLE V Insurance/Indemnity 5.01 Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all -3- operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. Engineer shall obtain and maintain in full force and effect during the term of this Agreement, commercial general liability and automobile liability coverage with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability. Combined Single Limit: $1,000,000 Professional Liability: Combined Single Limit: $500,000 Automobile Liability: Combined Single Limit for any auto: $500,000 Per Occurrence The City shall be listed as a primary additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under the policies. Engineer will provide a Certificate of Insurance to the City as evidence of coverage. The Certificate will provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the certificate. Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, 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 -4- 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 of Lubbock. If at any time during the life of the Agreement or any extension hereof, Engineer fails to maintain the required insurance in full force and effect, Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Engineer shall indemnify and hold City and City's elected officials, officers, agents, employees and independent contractors harmless, to the fullest extent permitted by law, from and against any and all claims, demands, damages, costs, liabilities and expenses, and including reasonable attorney's fees, as a result of, related to, arising from, or related to Engineer's use or occupation of City owned lands, and/or any matter related to Engineer's activities, performances, operations or omissions under this Agreement. ARTICLE VI Miscellaneous 6.01 Engineer shall comply with all laws, statutes, regulations, ordinances, rules and any other legal requirement related to, in any way, manner or form, the performance of the Services contemplated herein. 6.02 Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to designate -5- a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the United States mail, as set forth above. For City: L. Wood Franklin, P.E. P.O. Box 2000 Lubbock, TX 79457 Facsimile: (806) 775-3344 For Engineer: Albert C. Petrasek, Jr., Ph.D., P.E. 7950 Elmbrook Drive Dallas, TX 75247 Facsimile No. (214) 638-0447 6.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. 6.04 This Agreement represents the entire and sole agreement between the City and Engineer with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings, representations or other agreements, whether 0 written or oral. This Agreement may not be modified or amended except in writing and duly executed by each party hereto. 6.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between Engineer and the City. 6.06 If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so long as said modification is reasonably within the intent the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. 6.07 Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when Engineer has been compensated as set forth in Section 2.01, above. 6.08 A waiver by either City or Engineer of a breach of this Agreement shall be in writing. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. 6.09 Neither City nor Engineer may assign this Agreement, in whole or in part, without the written consent of such assignment by the non -assigning party. City and Engineer each bind itself or himself, their legal representatives and permitted assigns in respect to all provisions of this Agreement. -7- 6.10 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Engineer. 6.11 Engineer represents and warrants to City that it has taken all actions necessary to authorize the party executing this Agreement to bind, in all respects, Engineer to all terms and provisions of this Agreement, and that such person possesses authority to execute this Agreement and bind Engineer hereto. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives effective as of the date first written above. Engineer: CARTER & BURGESS, INC. By: Name: Phil Deaton, P.E. Title: Senior Vice President CITY OF LUBBOCK DAVID A. MI LER, MAYOR ATTEST: C"Z-Z -92-- =7��n becca Garza, City Secretar APPROVED TO CONTENT: Thomas Adams, Deputy City Manager APPROVED AS TO FO Richard K. Casner, First Assistant City Attorney ml/CityAtt/Richard/Profess ion alServicesAgreemen t-Carter&Burgess June 28, 2006 92 Exhibit"A" Resolution No. 2006-R0369 To Professional Services Agreement City of Lubbock, Texas Sewer Collection System Master Plan Scope of Work — Outline 05/02/2006 A. Project Meetings 1. Attend monthly project progress meetings (15 meetings). 2. Conduct project briefings for City Council (3 meetings). 3. Provide Hydraulic Model Training Session for City Engineering Department. B. Sanitary Sewer Interceptor Master Plan 1. Data Collection. 2. Develop Master Plan for major sewer lines in undeveloped areas — 50 year planning horizon a. Develop Base Map of undeveloped service areas b. Delineate Sewer Sheds c. Establish Land use projections d. Develop population projections — 5 year increments for planning horizon e. Allocate population projections to geographical areas f. Develop and evaluate major sewer line alternatives to serve undeveloped areas g. Load new major interceptors into the project model h. Model proposed new sewer interceptors to determine the systems ability to transport projected flows i. Dry weather flow conditions ii. Design storm flow conditions i. Recommendations 3. Propose modeling software — Model existing Collection System a. Evaluate modeling software (Anticipate steady-state model) — Provide recommendation b. Collect and review existing sewer collection system plans, reports and related data c. Evaluate/review Base Map of existing collection system d. Establish manhole numbering system e. Load existing sewer collection system data from as -built drawings to model f. Field SurveyNerification g. Determine flow loading characteristics for each interceptor manhole h. Confirm system configuration/continuity and connectivity checks i. Select Design Storm j. Provide flow monitoring k. Provide rainfall monitoring I. Calibrate model for dry weather conditions m. Calibrate model for wet weather conditions n. Model existing sewer collection system to determine interceptors ability to transport system flows i. Dry weather flow conditions ii. Design storm flow conditions 4. Provide a copy of collection system model to City of Lubbock 5. Evaluate and develop recommendations for existing collection system improvements a. Identify and evaluate hydraulic constraints and bottlenecks i. Capacity ii. Excess infiltration/inflow locations b. Develop and evaluate alternates for existing collection system improvements c. Model existing sewer collection system with improvements to determine interceptors ability to transport system flows i. Dry weather flow conditions ii. Design storm flow conditions d. Recommendations 6. Evaluate and develop recommendations for existing lift stations a. Review existing lift station condition assessments b. Identify and evaluate lift station renovation options c. Identify and evaluate alternates to eliminate lift stations ( new interceptors) d. Formulate recommendations for Lift Station rehabilitation/replacement and/or elimination C. Miscellaneous Wastewater Collection System Services Recommend Modifications to Operations and Maintenance Practice (Cleaning program, CCTV, CMMS-Maintenance Management System) 2. Evaluate / recommend solution for grease trap problems 3. Evaluate City Standard Specs for Sewer 4. New Wastewater Treatment Plant (WWTP) Site a. Review existing WWTP Master Plans b. Identify and evaluate potential sites for new WWTP c. Recommendations 5. Evaluate Hydrogen Sulfide (1-12S) conditions in the collection system and make mitigation recommendations a. Review sewer collection system H2S history b. Review Lift Station operation and maintenance records c. Formulate and evaluate alternates for collection system H2S mitigation d. Recommendations D. Wastewater Collection System Master Plan Report Develop Collection System/Lift Station Capital Improvement Plan (CIP), in 5-10 year intervals, for the 50 year planning horizon a. Existing sewer collection system i. Capacity Improvements (elimination of hydraulic bottlenecks) ii. I and I Improvements (main replacement/rehabilitation) iii. Lift Station Improvement/Elimination projects iv. Collection system O&M Program 1. TV and Cleaning 2. Sewer System Evaluation Studies (SSES) b. New sewer collection system facilities (Interceptors and/or Lift Stations) 2. Prepare Sewer Collection System Master Plan Report and submit to the City of Lubbock for review and approval on or before four hundred and fifty (450) days after the effective date of this Agreement. ProfessionalServicesAgreement-Carter&Burgess-Ex A May 18, 2006