HomeMy WebLinkAboutResolution - 2006-R0357 - Professional Services Contract - Lockwood, Andrews & Newman, Inc. - 07_10_2006Resolution No. 2006-RO357
July10, 2006
Item No. 6.2
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
Contract, by and between the City of Lubbock and Lockwood, Andrews & Newnam, Inc.,
and all related documents. Said Professional Services Contract 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 loth day of July 2006.
DAVID A. MILLER, MAYOR
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ATTEST:
City Secretary
APPROVED AS TO CONTENT:
Manager
APPROVED AS TO FORM:
Richard K. Casner, First Assistant City Attorney
ml/ccdocs/Lockwood Andrews & Newnam-Prof. Services Agree.res
May 10, 2006
Resolution No. 2006-RO357
July10, 2006
Item No. 6.2
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into this 10th
day of July , 2006, by and between the City of Lubbock (the "City"), a
Texas home rule municipal corporation, and Lockwood, Andrews & Newnam, Inc. (the
"Engineer"), a Texas corporation.
WITNESSETH
WHEREAS, Engineer has substantial skill and experience in the evaluation of
water pumping systems, including issues related to energy consumption, mechanical
integrity, structural integrity and regulatory requirements (the "Activities");
WHEREAS, the City desires to contract with Engineer to perform services related
to the Activities 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 on a lump sum basis. The lump sum due and payable to
Engineer shall be as set forth on Exhibit "A", attached hereto. This amount shall
be invoiced to the City upon submittal of the final deliverable of the Services to
the City and shall be payable by the City within thirty (30) days of receipt of
same. Engineer shall conduct all or designated part of the services described on
Exhibit "A" as "Special Services", if so directed by City in writing. If the City
directs Engineer to perform all or a part of the Special Services, such Special
Services shall be performed at the cost described in Exhibit "A". The City
Council herein delegates the authority to direct Engineer to perform all or part of
the Special Services to the City Manager of City, or his/her designee.
2.02 This Agreement shall expire one hundred eighty (180) days from the execution
hereof by City. Additionally, the City may terminate this Agreement 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.
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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 and Engineer hereby warrants to the City that the Services
shall be so performed. 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.
ARTICLE IV
Events of Default/Remedies
4.01 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 deemed received by 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 deemed received by
Engineer, exercise any right or remedy available to it by law, contract, equity or
otherwise, including without limitation, specif c 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
operations in connection with this Agreement, including without limitation, the
indemnity obligations set forth herein.
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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 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 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
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 negligent use or occupation of
City owned lands, and/or any matter related to Engineer's negligent activities,
performances, operations or omissions under this Agreement and for which
Engineer is found to be legally liable. The indemnity obligation set forth herein
shall survive the termination or expiration of this Agreement.
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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
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:
Tom Adams, Deputy City Manager
P.O. Box 2000
Lubbock, Texas 79457
Facsimile: (806) 775-2051
w/ copy to:
Bruce Blalack, Water Treatment
P.O. Box 2000
Lubbock, Texas 79457
Facsimile No: (806) 763-9824
For Engineer.
Lockwood, Andrews & Newnam, Inc.
10801 North Mopac Expressway, Building 1, Suite 120
Austin, Texas 78759
Facsimile No: (512) 338-4942
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.
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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
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 must be in
writing to be effective. 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.
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.
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IN WITNESS WHEREOF, the parties have executed this Agreement by their
duly authorized representatives as of the date first written above.
LOCKWOOD, ANDREWS & NEWNAM, INC.
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By:
Name:
Title:
CITY OF LUBBOCK
DAVID A. MILLER, MAYOR
ATTEST:
R ecca Garza, City Secretary
APPROVED AS TO CONTENT:
s dams, Deputy City Manager
APPROVED AS TO FORM:
X-.
Richard K. Casner,
First Assistant City Attorney
mVCityAtMchard/Pmfessional ServicesAgreement-Lockwood-Final
Apri128, 2006
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Resolution No. 2006-RO357
July10, 2006
Exhibit "A" Item No. 6.2
SCOPE OF SERVICES & RELATED FEE
Evaluation of the City of Lubbock Pump Stations and Related Storage Tanks
For this project Lockwood, Andrews & Newnam (LAN) and its subconsultants will
provide professional services as described below for the lump sum fees indicated for each
Task.
Task 1. Data Collection & Review
A. Collect as -built drawings (if available) of the following (EHT):
- Structural for Ground/Elevated Storage Tanks &Pump Station Building
- Pump Station Electrical Plans
- Pump Station Yard Piping Plans
- Obtain original design pump curves
- Obtain maintenance records for the pump stations and tanks
- Sample electrical bills for the each pump station (determine electrical rate
structure and actual electrical usage)
B. Collect copies of existing reports the City has on the existing ground storage
and elevated storage tanks.
C. Preliminary walk-through of pump stations (EHT) to determine equipment
needed for flow testing.
D. Review info in preparation for flow tests and visual inspections (LAN).
Task1 Lump Sum Fee........................................................................................... $22,696
Task 2. Assessment of the Condition of Ground Storage Facilities
A. LAN will assess the exterior material condition of the City's ground storage
facilities. In particular LAN will review the following:
Previous year's report prepared by US Underwater Services for
submission to TCEQ. LAN will not plan on draining any tanks except the
Shallowater/Reese tank and the Sudan tank. However, if after reviewing
the existing reports, LAN notes any areas of concern, we will recommend
the tank be drained and a visual inspection be made. The City of Lubbock
will contract directly with divers to inspect the tanks in May 2006.
- The following exterior items will be visually inspected at all tanks: walls,
roof and appurtenances such as stairs, level transducer, overflow flap, etc.
- The following interior items will be assessed for those tanks that are
drained: condition of the floor slab and walls, the condition of the roof and
all appurtenances such as the interior stair, inlet, outlet and overflow
structure.
B. Facilities to be Assessed: The facilities to be assessed as part of this project
are listed in Table B-1.
Table B-1
Ground Storage Facilities to be Assessed
Stora a
Sidewater
Reservoir Location
Capacity
Depth
Pump Station #3
5.0 MG
17.5 FT
Pump Station #4-1
5.0 MG
21.0 FT
Pump Station #4-2
10.0 MG
21.0 FT
Pump Station #6
2.0 MG
20.0 FT
Pump Station #7-1
2.0 MG
20.0 FT
Pump Station #7-2
5.0 MG
20.0 FT
Pump Station #8
5.0 MG
19.0 FT
Pump Station #9
5.0 MG
34.5 FT
* Pump Station #10
7.0 MG
24.0 FT
Pump Station # 11-1
2.5 MG
11.0 FT
Pump Station #11-2
6.0 MG
Unknown
t Shallowater/Reese
1.0 MG
Unknown
t Sudan
5.0 MG
Unknown
* Not included in assessment because it is a new reservoir.
j- Indicates tanks that will be drained and visually inspected by LAN.
C. Identification of Work to Enable the City to Take Facilities Off Line: Due
to the configuration at some of these facilities (piping and pump
configurations) not all of the facilities can be dewatered and removed from
service for material condition assessment.
1. LAN will identify the modifications to the facilities, piping, valves,
etc., required to enable the City to place the facilities that are currently
unable to be inspected in an off-line status.
2. As part of the identification of the required modifications LAN shall
provide an Engineering Estimate of Probable Construction Costs for
those modifications.
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Task2 Lump Sum Fee........................................................................................... $29,068
Task 3. Assessment of the Condition of Elevated Storage Facilities
A. LAN will assess the exterior material condition of the City's elevated storage
facilities. In particular LAN will review the condition of the following:
- Exterior condition of the tank and structure including the appurtenances
such as stairs, level transducer, etc.
- Previous year's report prepared by US Underwater Services for
submission to TCEQ. LAN will not plan on draining any tanks.
However, if after reviewing the existing reports, LAN notes any areas of
concern, we will recommend the tank be drained and a visual inspection
be made. The City of Lubbock will contract directly with divers to inspect
the tanks in May 2006.
B. Facilities to be Assessed: The facilities to be assessed as part of this project
are listed in Table B-2.
Table B-2
Elevated Storage Facilities to be Assessed
Storage
Sidewater
Reservoir Location
Ca aci
Depth
35th St. & Avenue W
1.0 MG
35.50 FT
50th St. & Joliet Ave.
1.0 MG
35.00 FT
75th St. & Genoa Ave.
2.0 MG
34.75 FT
Pump Station #12 Prison
0.15 MG
Unknown
Task3 Lump Sum Fee....................................................................................... $8,310
Task 4. Assessment of the Condition of Pumps at the Potable Water
Pump Stations
A. By visual observation LAN will provide the City an assessment of the
material conditions of the pumps at the City's water pump stations including
the Shallowater/Reese and Sudan stations. There are no existing assessments
or inspection reports the City wants LAN to utilize as part of this assessment
effort.
B. Locations of Pumps to be Assessed: The locations of the pumps to be assessed
as part of this project are listed in Table B-3. All of the pumps at these
locations will be inspected/assessed.
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Table B-3
Locations of Pumps to be Assessed
Number of
Pump Station Name
Pumps
Pump Station 43
2
Pump Station 44
5
Pump Station 46
2
Pump Station 47
7
Pump Station #8
3
Pump Station #9
5
Pump Station #10
2
Pump Station # 11
3
Low Head `B'
3
Shallowater/Reese
2
Sudan
3
Pump Station 412 (Prison)
3
C. Parameters to be Assessed: LAN will examine the external parameters
presented below, as minimum: (Vibration analysis will not be conducted on
these pumps.)
- External pump condition (paint, condition of casing, foundation, etc.)
- Pump seals (observable without disassembling pump)
- Shaft wear (observable without disassembling pump)
- Coupling Condition (observable without disassembling pump)
- Pump performance measuring devices & instruments (meters and gauges)
- Noise (cavitation sounds, bearing wear, etc.)
- Motor condition (running hot, unusual noise, etc.)
D. Pump Station Site Assessment: LAN will visually inspect the remainder of
the pump station/storage tank sites for any areas/items that pose a hazard or
could require maintenance to ensure proper operation.
Task4 Lump Sum Fee........................................................................................... $23,005
Task 5. Assessment of the Condition of the Pump Station Building
including Mechanical, Electrical and Architectural Systems
A. LAN will provide the City an assessment of the condition of the pump station
building themselves, including the structural components (foundation and roof
structure) the architectural features (windows, walls, appearance), the
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mechanical systems (HVAC, plumbing) and the electrical system, including
instrumentation and the associated SCADA equipment.
B. LAN will also provide infrared inspections of the MCC and Control Panel
Temperature to determine if there are any "hot spots" or other such indicators
of potential problems with the electrical systems.
Task5 Lump Sum Fee........................................................................................... $39,812
Task 6. Energy Analysis and Pump Testing
A. Concurrently with the assessments of the pump stations and pumps, LAN will
conduct an energy audit for each pump station. The audit will consist of the
following:
- Flow tests of the pumps to determine the actual operating pump curve for
each pump. This will be accomplished by throttling the gate valve on the
discharge of each pump to simulate various pressure conditions.
- Measurement of the electrical draw of each of the pump motors.
- Measurement of pump speed (rpm) for each pump/motor.
- Develop a baseline model of the plant's energy usage.
- Review of other major electrical users such as lights and HVAC
equipment.
- Determine compliance with present and possible future energy
conservation codes and standards.
B. Develop Energy Conservation Opportunities (ECO) for possible
modifications, replacements, and alternative operation scenarios. The ECOs
will include an economic analysis of the payback involved with each
opportunity.
Task6 Lump Sum Fee........................................................................................... $33,018
Task 7. Regulation Evaluation
A. Alan Plummer will provide an analysis of the existing regulations along with
any pending regulations that would affect the operation of the water system.
The analysis will include recommendations as to how to meet the new
guidelines and the approximate timing for such regulations.
B. Alan Plummer will also provide a model of the disinfection within in the
distribution system (IDSE). A module will be added to the WaterCAD model
already used by the City of Lubbock to model the disinfection at any point in
the water system. Alan Plummer will analyze the existing disinfection data
collected by the City's SCADA system and will input this data to form the
model. We understand that the City currently monitors the disinfection data at
each pump station and the elevated storage tanks. A report on the findings of
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the IDSE modeling study and sampling plan will be prepared and submitted to
the City before October 1, 2006, so that the City may meet all mandated
compliance deadlines for submission to the TCEQ.
Task7 Lump Sum Fee........................................................................................... $52,019
Task 8. Preliminary Report
A. Within 70 days of the execution of the Agreement, LAN will prepare and
submit to the City a Preliminary Report presenting the preliminary results,
recommendations and associated costs for the items reviewed. The report will
provide year -by -year improvements for the first five years and then any
additional improvements that should be made will be recommended between
years five and ten.
B. LAN will meet with the City after delivering the preliminary report to discuss
the items presented.
C. LAN will provide ten (10) copies of the report to the City.
Task8 Lump Sum Fee........................................................................................... $54,208
Task 9. Final Report
A. Within thirty (30) days after meeting with the City on the Preliminary Report,
LAN will review the items discussed, prepare/revise calculations and re-
submit to the City a Final Report presenting the final results,
recommendations and associated costs for the items reviewed.
B. LAN will meet with the City after delivering the final report to discuss the
items presented.
C. LAN will provide ten (10) copies of the report to the City.
Task9 Lump Sum Fee........................................................................................... $26,391
TOTALFEE......................................................................................................... $288,526
Table B-4 below provides a breakdown of the fee by task.
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Table B-4
Fee Breakdown
Task 1
— Data Collection
$22,696
Task 2
— Ground Storage Assessment
$29,068
Task 3
— Elevated Storage Assessment
$8,310
Task 4
— Pump Assessments
$23,005
Task 5
— Pump Station Assessment
$39,812
Task 6
— Energy Analysis & Pump Testing
$33,018
Task 7
— Regulation Evaluation
$52,019
Task 8
— Preliminary Report
$54,208
Task 9
— Final Report
$26,391
TOTAL
$288,526
SPECIAL SERVICES:
The following services are not anticipated to be necessary, but if they become necessary
and the City authorizes in writing LAN to proceed, they will be billed based on the
hourly rates included in Table B-5:
A. Full interior inspection of drained ground storage tanks, excluding the Sudan
and Shallowater/Reese tanks, if deemed necessary after reviewing the existing
reports and videos.
B. Full interior inspection of drained elevated storage tanks, if deemed necessary
after reviewing the existing reports and videos.
C. Additional site visits after an agreed upon schedule caused by a change in
operations.
D. Calibration, data analysis, model modifications or other services required
to upgrade the distribution system model to meet the requirements
specified in Exhibit 6.1 of the IDSE Guidance Manual.
E. Development of sampling plans and protocols or other services related to
additional data or sampling required that may be needed to complete Task
7 above.
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Table B-5
Hourly Rate Table
Title
Rate
Principal
$165
Project Manager
$165
Asst. Project Manager
$115
Senior Civil Engineer
$120
Project Engineer
$115
Engineer Assistant (EIT)
$85
Senior CARD Designer
$85
CARD Designer/Technician
$75
Clerical
$55
END OF SCOPE
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