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HomeMy WebLinkAboutResolution - 2008-R0101 - Professional Services Agreement - Parkhill, Smith & Cooper Inc. - 03_27_2008Resolution No. 2008—ROIOI March 27, 2008 Item No. 5.7 RESOLUTION 'RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK. THAT the Mayor of the City of Lubbock BE and is hereby authorized and ed to execute for and on behalf of the City of Lubbock a Professional Services ;ment by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc. and lated documents. Said Agreement is attached hereto and incorporated in this ution as if fully set forth herein and shall be included in the minutes of the Council. tted by the City Council this 27th day of ATTEST: Rebe ,a Garza, City Secretary APPROVED AS TO CONTENT: Tom Adams, Deputy City Manager/Water Utilities Director APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney ao/ecdocs/ProfessionalServicesAgreement-PSC 031908 March 2008. DAVID A. ILLER, MAYOR Resolution No. 2008—RO101 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is entered into this 27th day of March 2008, by and between the City of Lubbock (the "City" or "Owner"), a Texas home rule municipal corporation, and Parkhill, Smith & Cooper, Inc. (the "Engineer"), a Texas corporation. WITNESSETH WHEREAS, Engineer has substantial skill and experience in the design of water transmission and pumping facilities, and water treatment facilities (the "Activities"); WHEREAS, Engineer has demonstrated competence and qualifications to perform the Services, as defined below, and will perform the Services for a fair and reasonable price; 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", and Exhibit "B", "Payments to Engineer", attached hereto (the "Services"). The City may authorize in writing Additional Services (herein so called), not to exceed the total sum of Fifty Thousand Dollars and No/100 (S50,000). The City Council of the City of Lubbock herein delegates the authority to authorize the Additional Services to the Director of Water Utilities, or his designee. Engineer shall have no liability for defects in the Page 1 of 38 Services attributable to Engineer's reliance upon or use of data, design criteria, drawings, specifications, or other information furnished to Engineer by City. 1.02 Engineer shall perform only work related to the (i) Basis of Design Memorandum for the Water Treatment Plant and Tenninal Storage Reservoir; (ii) Membrane Pilot Testing and Evaluation; and (iii) Geotecluiical Services, as described in Phase 2200, Paragraph 5, of Exhibit A, Scope of Services, until provided written notice to proceed by City with other tasks set forth in Exhibit "A". In the event such notice shall occur after October 1, 2008, the time for performance by Engineer for such tasks shall be extended the same amount of days as such notice oceurs subsequent to October 1, 2008. The City Council of the City of Lubbock hereby delegates the authority to provide the prescribed notice(s) to proceed to the Director of Water Utilities, or his delegee. 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 indicated in attached Exhibit "B". This amount shall be invoiced to the City monthly as work is performed. 2.02 In the event City disputes any invoice item, City 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 on or before thirty one (31) days after its receipt. If City faits to pay any invoiced amounts when due, interest will accrue on each unpaid amount at the rate in effect on September 1 of the fiscal year in which the payment becomes overdue, the rate in effect on September 1 being equal to the sum of (i) one ( 1 % ); and (ii) the prime rate as Page 2 of 38 published in the Wall Street Journal on the first day of July of the preceding fiscal year that does not fall on a Saturday or Sunday or the maximum amount allowed by law, if less, from the date said payment is overdue until paid according the provisions of the Agreement. Interest shall not be charged on any disputed invoice item finally resolved in City's favor. Payment of interest shall not excuse or cure any default or delay in payment of amounts due, 2.03 This Agreement shall expire on December 31, 2012. 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. to 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. 2.04 Except for City's payment obligation, neither City 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 (herein called a "force majeure event") for the period of such delay, so long as the affected party exercises due diligence to relieve or remove such force majeure event. 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 City or Engineer Linder this Agreement. 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 Page 3 of 38 preventing continued performance and the efforts being made to resume performance of this Agreement. ARTICLE Ill 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 at the time such Services are performed. City shall not be responsible for discovering deficiencies or defects in the perforinance of the Services by Engineer. NO OTHER WARRANTY, EXPRESSED OR IMPLIED, IS INCLUDED IN THIS AGREEMENT OR IN ANY DRAWING, SPECIFICATION, REPORT, OR OPINION PRODUCED PURSUANT TO THIS AGREEMENT. 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 or its approved subcontractors 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, piles or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. Page 4 of 38 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 tern 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, 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 a. Insurance. 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. Page 5 of 38 Engineer shall obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional 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: Professional Liabili Combined Single Limit: Automobile Liability: Combined Single Limit for any auto $1,000,000 $2,000,000 per occurrence $4,000,000 annual aggregate $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 those 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 Page 6 of 38 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. b. Indemnification. 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, Engineer agrees to provide the indemnities set forth herein. Engineer shall indemnify and hold City and City's elected officials, officers, agents, employees and independent Engineers harmless, to the fullest extent pemiitted 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 or arising from Engineer's negligent acts, errors, or omissions. The indemnity provided herein shall survive the expiration or termination of this Agreement. ARTICLE VI Probable Construction Cost 6.01 Engineer's opinions of probable Construction Cost provided for herein are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgment as an experienced and qualified professional generally familiar with the industry. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by Page 7 of 38 others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. ARTICLE VIl Miscellaneous 7.01 Engineer shall exercise usual and customary professional care in efforts to comply with all laws, statutes, regulations, ordinances, rules and any other legal requirement in effect at the time Services are performed. 7.02 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 snail, as set forth above. For City: 'Porn Adams, Deputy City Manager P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-2051 w/ copy to: Aubrey Spear, P.E. P.O. Box 2000 Lubbock, Texas 79457 Page 9 of 38 Facsimile: (806) 775-3344 For Engineer: John S. Kelley, P.E. 4222 85th Street Lubbock, Texas 79423 Facsimile: (806) 473-3500 7.03 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. 7.04 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. 7.OS Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal agent relationship between Engineer and the City. 7.06 If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deenied 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 Page 9 of 38 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. 7.07 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. However, such Documents are not intended or represented by Engineer to be suitable for reuse by City or others on any other project. Any such reuse or modification without written verification or adaptation by Engineer, as appropriate for the specific purpose intended, will be at City's sole risk and without liability or legal exposure to Engineer or to Engineer's consultants. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of 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. 7.08 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. 7.09 Except as otherwise provided herein, neither City nor Engineer may assign or subcontract any part of the Services under this Agreement, in whole or in part, without the written consent of Page 10 of 38 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. 7.10 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Engineer. 7.11 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. 7.12 Engineer shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the project to which the Services design (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 City 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 Exhibit "A", Scope of Services, as same may be amended, or as may be provided by other agreements by and between City and Engineer. 7.13 Anything herein to the contrary notwithstanding, title to, ownership of, and legal responsibility and liability for any and all pre-existing contamination shall be detemlined in accordance with all applicable statutes, regulations, rules, orders and ordinances. 7.14 The performance of City hereunder shall be at all times conditioned upon the appropriation of sufficient funds by the City Council of the City of Lubbock. in the event that such funds are not so appropriated by the City Council, such shall not be considered a breach of this Agreement by the City. Page i 6 of 38 7.15 City and Engineer agree that any dispute between them arising out of or related to this Agreement shall be submitted to non -binding mediation prior to exercising any other rights under law, unless the parties mutually agree otherwise. ARTICLE VI1I Definitions 8.01 Wherever used in this Agreement, including exhibits hereto, the below described terms shall have the meaning prescribed herein. 1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Documents. 2. Additional Services --Any services not included within Exhibit A as Basic Services, but determined to be necessary and mutually agreed upon and to be performed for or furnished to City by Engineer. 3. Agreement --This Agreement between City and Engineer, including the Exhibits attached hereto. 4. Asbestos --Any material that contains more than one percent of asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Basic Se;-viees--The services to be performed for or furnished to City by Engineer in accordance with Exhibit A of this Agreement. G. Bid --The offer or proposal of the bidder submitted on the prescribed fond setting forth the prices for the Work to be performed. 7. Bidding Doewnents--The advertisement or invitation to Bid, instructions to bidders, the Bid form and attachments, the Bid bond, if any, the proposed Contract Documents, and all Addenda, if any. 8. Change Order --A document recommended by Engineer, which is signed by Contractor and City to authorize an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Construction Agreement. 9. City- City of Lubbock, Texas, being sometimes also referred to as "Owner" Page 12 of 38 10. Construction Agreement or Conti -act --The entire and integrated written agreement between the City and Contractor concerning the Work. 11. Construction Cost --The cost to City of those portions of the Services designed or specified by Engineer. Constriction Cost does not include costs of services of Engineer or other design professionals and consultants, cost of land, rights -of -way, or compensation for damages to properties, or City's costs for legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Services, or the cost of other services to be provided by others to City. 12. Contract Documents --Documents that establish the rights and obligations of the parties engaged in construction and include the Construction Agreement between City and Contractor, Addenda (which pertain to the Contract Documents), Contractor's Bid (including documentation accompanying the Bid and any post -Bid documentation submitted prior to the notice of award) when attached as an exhibit to the Construction Agreement, the notice to proceed, the bonds, appropriate certifications, the General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Construction Agreement, together with all written amendments, Change Orders, Work Change Directives, Field Orders, and Engineer's written interpretations and clarifications issued on or after the Effective Date of the Construction Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Direct EYj)enses--The expenses incurred directly by Engineer in connection with the performing of Basic Services for which City shall pay Engineer as part of the lump sum payments due as indicated in Exhibit B, to include but not limited to fax, reproduction, travel, telephone, meals and lodging, CAD charges, field supplies, models, renderings, photos, and postage. 14. Documents --Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by Engineer to City pursuant to this Agreement. 15. Drawings --That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings are not Drawings as so defined. 16. Engineer's Consultants --Individuals or entities having a contract with Engineer to furnish services with respect to the Services as Engineer's independent professional associates, consultants, subcontractors, or vendors. The tern Engineer includes Engineer's Consultants. 17. General Conditions --That part of the Contract Documents which sets forth terms, conditions, and procedures that govern the Work to be performed or furnished by Contractor with respect to the Services. 18. Hazardous Environmental Condition --The presence at the Site of Asbestos, PCB's, Petroleum, Hazardous Waste, or Radioactive Materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. Page 13 of 38 19. Reimbursable Expenses —The expenses incurred directly by Engineer in connection with the performing of Additional Services for the Services for which City shall pay Engineer as indicated in Exhibit B, to include but not limited to fax, reproduction, travel, telephone, meals and lodging, CAD charges, field supplies, models, renderings, photos, and postage. 20. Resident Pi-oject Representative --The authorized representative of Engineer, if any, assigned to assist Engineer at the Site during the Construction Phase. The Resident Project Representative will be Engineer's agent or employee and under Engineer's supervision. As used herein, the term Resident Project Representative includes any assistants of Resident Project Representative agreed to by City. The duties and responsibilities of the Resident Project Representative are as set forth in Exhibit C. 21. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 22. Site --Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands furnished by City which are designated for use of Contractor. 23. Specifications --That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 24. Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The ternis "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 25. Supplementary Conditions --That part of the Contract Documents which amends or supplements the General Conditions, if any. 26. Plrork--The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents with respect to the Services. Work includes and is the result of performing or furnishing labor, services, and documentation necessary to produce such construction and furnishing, installing, and incorporating all materials and all equipment into such construction, all as required by the Contract Documents. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives effective as of the date first written above. Page 14 of 38 PARKHILL, SMITH & COOPER, INC. �J JOHN S. KELLEY, FIRM PRINCIPAL CITY OF LUBBOCK DAVID A. MILLER, MAYOR ATTEST: Re cca Garza. City Secretat y APPROVED AS 1-0 CW-41 TENT: i Thomas Adams, Deputy City Manager APPROVED AS TO FORM: `�� 97�� Richard K. Casner, First Assistant City Attorney Richard!Pmfe,ssiunal5ervicesAgrecrnent PSC-Water.031708 Page 15 of 38 Resolution No. 2008—RO1O1 PHASE 1000. PROJECT DESCRIPTION AND ADMINISTRATION Project Description 4 The Lake Alan Henry Water Supply project will ultimately include: • Lake Alan Henry raw water pump station • Post booster pump station. • Raw water transmission main • Tenninal storage reservoir • Water treatment plant • High service pump station • Finished water transmission main The design of the facilities associated with the terminal storage reservoir, water treatment plant and high service pump station, as detailed below, are included under this Exhibit A. The design of the other project elements and construction administration may be incorporated in future contract amendments. a. References — The basis of the scope of work presented herein are the recommendations included in the report entitled "City of Lubbock, Lake Alan Henry Water Transmission Line, Pump Stations, Water Treatment Facility and Related Projects, Engineering Report" dated November 2007 prepared by Parkhill, Smith & Cooper, Inc., Black & Veatch Corporation, and Freese & Nichols, Inc (the "Preliminary Engineering Report"). b. Project Elements — Project facilities included under this scope of services are: - 150 million gallon terminal storage reservoir. - Plant influent pipeline from the terminal storage reservoir to the flow distribution structure. - Flow distribution structure. - Two 5-mgd pretreatment trains. - MF/UF membrane filtration with an initial capacity of 10 mgd including backwash, clean - in -place equipment. - Reclaimed water basin and return pump station. - Sludge thickening basin. - Clean -in -place chemical neutralization tank. - Gravity dewatering beds. - One million gallon cast -in -place clearwell. - Backwash and plant water pumping station. - High service pumping station, including provisions for pumping into existing storage tanks as well as into the distribution system. - Chemical feed facilities. - Building for chemical feed/wet laboratory/ basic operator control room/ break room. - On -site sanitary waste treatment system. Page 16 of 38 Evaluation of communication facilities between the new water treatment plant and the existing water treatment plant and between the new water treatment plant and the Lake Alan Henry pump station, Post booster pump station, and the future Southland booster pump station. Scope includes design of radio communication system as recommended in the Preliminary Engineering Report. Should an alternative communication system be selected as a result of the feasibility study, an amendment to this agreement will be required. Plant instrumentation and control. Electrical. Emergency generator. Up to 1.5-miles of road improvements to connect the plant site with the nearest paved roadway. c. Schedule — Project milestone deliverables are: l ) Complete membrane piloting and evaluation by March 31, 2009. 2) Finalize membrane procurement documents by April 30, 2009. 3) Receive membrane system bids by May 30, 2009. 4) Award membrane procurement by June 15, 2009 5) Complete water treatment plant detailed design by November 30, 2009. 6) Receive bids by January 30, 2010. The above dates are based upon the assumption that a notice to proceed is issued by May 1, 2008 and that pretreatment and membrane pilot units can be selected, reserved, and set up for operation within four months of the Engineer's notice to proceed. As the Texas Commission on Environmental Quality (TCEQ) indicates their review of pilot plant protocols can take up to 100 days, operation of the pilot plant would need to begin prior to formal approval by TCEQ. 2. Scope of Services Description The engineering services include project administration, membrane pilot testing, preliminary investigations and reports, preparation of detailed design and construction documents and bid and pre -award services. Construction phase services, resident services during construction, operation and maintenance manuals, start-up services, commissioning, and personnel training may be incorporated in subsequent amendments. 3. Project Administration Provide administration and management of project. Review ongoing activities. Monitor schedule and budget. Review progress with Owner on a regular basis. Discuss issues with the Owner as they are noted. a. Preliminary and General Work 1) Project Initiation — Conduct a project initiation meeting to clarify Owner's requirements for the project, review pertinent available data, review project staffing and organization, present initial work plan, and present initial work schedule. Page 17 of 38 2) Consultation Consult with the TCEQ concerning their requirements for membrane system pilot testing and associated waste disposal. One meeting is included in the Scope of Services. Submit a letter report of findings to Owner. b. Progress Review — Participate in informal meetings with the Owner and Peer Reviewer to review progress and exchange ideas and infornation. One meeting per month is included in the Scope of Services. Prepare and distribute minutes for project meetings. c. Status Review Conduct a monthly status review meeting to present the monthly status report which includes: • Status of work done on each task. • Discussion of project issues. • Project trend register update. A trend is any change to Engineer's or to the project's scope that affects cost or schedule. • Project budget update. • Project schedule update. d. Project Web Site — Establish and maintain a project team web site for storage of and access to information pertinent to the status, activities and work products of the project, including: • Project schedule • Agenda and minutes of monthly status review meetings and project workshops • Copies of reports, memos and deliverables, as appropriate 4. Project Procedures Manual — Prepare a project procedures manual for use by Owner, Peer Reviewer, and Engineer. An initial draft of the manual will be prepared for discussion at the project initiation meeting. The manual will include: • Project description and scope of work • Project organization • Project contacts and lines of communication • Code requirements • Special client requirements • Filing system • Project workflow model for major task and schedule identification • Project quality assurance and quality control plan • Project budget • Project schedule • Writing and drafting standards Page 18 of 38 Phase 2000 — Membrane Pilot Testing and Evaluation 1. Pilot Testing Program Conduct a pilot testing program for the membrane treatment system being considered for the ID proposed Water Treatment Plant. The purpose of the program will be to determine the effectiveness of membrane treatment, to establish design and bidding parameters, to establish operating costs and parameters, and to project the long term performance of the treatment system. Services for the pilot testing program shall include the following: a. Prepare a pilot testing protocol and submit to the Owner's staff, Peer Reviewer and the Texas Commission on Enviromnental Quality for review. b. Prepare an equipment prequalification document for microfiltration (MF) or ultrafiltration (UF) membrane treatment systems. The prequalification document will identify information to be submitted by the equipment suppliers and will identify the criteria that will be used as the basis for selecting the three MF/UF membrane treatment systems to be pilot tested. Send the prequalification document to a minimum of five equipment suppliers and request proposals. Review and evaluate the infonmation submitted by each equipment supplier and prepare a recommendation for the three units which should be pilot tested. C. Conduct a workshop with Owner's staff to review the process train selections for pilot testing, the pilot testing protocol, and the equipment prequalification document. d. Participate in a workshop with Owner's staff to coordinate the work and discuss the schedule and logistics of delivering, installing, and operating the pretreatment and membrane pilot units. The Engineer will prepare schematic and P&ID drawings indicating how the pilot plant should be setup. The documents will not be prepared in a format for competitive bidding. e. Coordinate the delivery and installation of the pilot testing equipment with the Owner's staff and the equipment suppliers. The Owner's staff will install the equipment with supervision from the equipment supplier representatives and the Engineer. The Engineer's services during setup included in the Scope of Services is up to 10 trips and SO hours. The Owner will pay for all costs associated with purchase/rental of all equipment and for all shipping. f. Conduct bench scale testing of the Lake Alan Henry raw water at the Engineer's laboratory. The Engineer will perform bench -scale coagulant testing prior to the pilot study. Up to five coagulants will be tested. The optimal coagulant selection will be based on turbidity removal, filterability, and total organic carbon (TOC) reduction primarily using UV254 as a surrogate. In addition, disinfection byproduct testing will be conducted on membrane filtered water to determine DBP formation (THMs and HAA5s) based on representative disinfectant concentrations and contact time. Primary disinfection with free Page 19 of 38 chlorine followed by chloramination is anticipated. If excessive DBP's are formed, testing with chlorine dioxide would be considered. g. Conduct the pilot testing program. Engineer will start up and operate the pilot units. The Owner's staff will assist Engineer in collection of data and daily monitoring of the pilot units. A six month pilot testing program for the MF'/UF units is anticipated. The Engineer's services included in the Scope of Services are: Initial pilot plant startup — 10 continuous days and 160 hours Weekly operations/maintenance — 2 days per week Clean -in -place (CIP) maintenance — 18 CIP events at 2 days on -site per event Pilot plant disassembly and shipping — 10 working days and 80 hours. Water quality tests will be performed as outlined in the pilot protocol by the Engineer or a commercial laboratory. Basic water chemistry field tests will be performed by the Engineer. Analytical tests required to be performed in a laboratory will be paid for by the Engineer. The results will be presented to the Owner's staff every month to ensure appropriate communications and timely input. The results of the pilot testing will be included in an appendix to the Process Evaluation and Selection Report. h. The results of the bench scale and pilot testing, together with the life cycle costs, operation and maintenance considerations, representative technology site visits (see below), and other pertinent factors, will be evaluated to determine the best processes and loading rates for the full-scale. A Process Evaluation and Selection Report will document the findings and recommendations. Services for the process evaluation shall include the following: 1) Utilizing the results of the pilot testing program, prepare a present value cost for the alternative treatment processes. 2) Compile information and staff observations obtained from the representative on -site evaluations and include in an appendix to the report. 3) Determine advantages and disadvantages, including operation and maintenance and other considerations, for the alternative treatment processes. 4) Conduct a workshop with the Owner's staff to evaluate the alternative treatment processes. Page 20 of 38 5) Prepare and submit a draft Process Evaluation and Selection Report in accordance with TCEQ's pilot study guidance document to the Owner and Peer Reviewer. 6) Within 2 weeks of receipt of documents, the Owner will consolidate their submittal review comments and provide a written memorandum to Engineer. A written response to the comments will be provided in return. Attend one meeting with Owner to receive and discuss Owner's review comments. Revise the report as required and provide final copies to the Owner. i. Two site visits to existing membrane water treatment plants will be arranged to familiarize the Owner's staff with the technologies under consideration. A list of potential sites, along with anticipated costs, will be presented to the Owner's staff for consideration. Two representatives from Parkhill, Smith & Cooper, Inc. and three representatives from Black & Veatch Corporation will attend. The fee includes an allowance of $36,000 for these personnel to attend the site visits. The not to exceed fee will be adjusted based on actual costs, but shall not exceed the sum $36,000. Phase 2200 — Design and Construction Contract Documents Owner -Furnished Front -End Documents Obtain and review Owner- furnislied front-end documents, general conditions, and special conditions. Meet with Owner to resolve review comments, and revise Owner's standard documents accordingly. 2. Permitting — Meet with Owner's personnel and representatives of utilities, government agencies, and highway departments to obtain requirements for public protection to be included in contract documents. Regulatory Review — Assist Owner in providing necessary documentation to the Texas Commission on Environmental Quality for using Lake Alan Henry as a new water supply resource. It is anticipated that the data that the Owner has been collecting will be adequate to meet TCEQ's requirements. The Engineer will compile the data into a format suitable for submittal to TCEQ. All costs for additional testing required by TCEQ will be borne by the Owner. Engineer's services included in the Scope of Services are 40 hours and one trip to Austin. 4. Public Information Program --- Assist Owner with the public information program, including the preparation of exhibits and associated descriptive material. A total of four meetings in Lubbock are included in the Scope of Services. Additional trips and time, if required, will be provided as Additional Services as provided for in Exhibit A, Part 3. Page 21 of 38 Geotechnical Services a. Provide, through a subcontract, geotechnical engineering services including exploratory work and laboratory and field testing based on preliminary drawings and designs, and including professional interpretations of exploratory and test data. The services will include: 1) Initial geotechnical exploratory work, such as soil borings, penetration tests, soundings, subsurface explorations, laboratory tests of soils and rock samples that are required to provide information for design, and other field and laboratory tests and analyses that are required to provide design inforniation. 2) An initial geotechnical report by a qualified geologist or geotechnical firm interpreting the data collected from the exploratory work and testing and making assessments of the site conditions that can be anticipated from this initial exploratory work. Submit three (3) hard copies of the report to the Owner. b. After final design has proceeded to the point where it can be accomplished, the initial geotechnical report will be expanded and further refined based on the actual design, including sizes, locations, and loadings of strictures; types, and extent of excavations; and shall consider both design parameters and constructability. If, in the opinion of the Engineer, additional geotechnical data are required for the preparation of the final report, these data may be provided under an amendment to the Agreement and the subcontract. The final report shall indicate the anticipated performance of the subsurface material to be encountered on the project both during and after construction, under the loading conditions, use, and types of excavations anticipated. Submit three (3) hard copies to the Owner. G. Preliminary Plan of Operation a. Meet with Owner to discuss the necessary staffing and operational requirements for the new treatment facilities. This task will establish a baseline understanding of SCADA needs, as well as establish the physical space requirements for operations staff. b. Draft preliminary plan of operation. c. Submit draft for Owner and Peer review. d. Based on Owner comments, revise the draft, and resubmit it to Owner. Preliminary Design — Schematic Phase a. Produce these deliverables • Final process loads and flows. • Process design parameters list. • Major process equipment control table. • Equipment tagging conventions. Page 22 of 38 • Geotechnical investigation plan. • Preliminary process schematics. • Preliminary control systems block diagrams. • Preliminary major process P&IDs. • Internal quality control review and refinement before submittal to Owner. • Quality assurance and quality control plan and log update. • Project trend register update. b. SCADA Communication Feasibility Study T SCADA communication feasibility study will evaluate the use of unlicensed spread spectrum frequency and fiber optic communication for communication between: (a) The Lake Alan Henry WTP and the City's existing Water Treatment Plant; (b) Lake Alan Henry WTP and the Lake Alan Henry Pump Station; (c) Lake Alan Henry WTP and the Post Booster Pump Station; (d) Lake Alan Henry WTP and the future Southland Booster Pump Station; (e) Lake Alan Henry WTP and Pump Station 10 and; (f) Lake Alan Henry WTP and the Southwest Pump Station. The feasibility study will include the following: • Prepare computer generated radio coverage plots from each of the six sites showing calculated spread spectrum radio signal strength. • Work with City to locate up to three radio repeater locations, as required by the radio coverage plot analyses. • Prepare computer generated radio path profiles to show geographic elevation and potential interference along radio paths. • Evaluate cost and use of fiber optic cable run parallel to new water pipe. • Document results of computer analysis and fiber analysis and present to City. Pending the result of the feasibility study and subsequent decision by the City, design of the radio communication system will consist of the following: Based on computer generated design parameters, conduct physical radio signal strength study to verify results of the computer analysis. Physical radio study will be conducted by a sub -consultant and assumes testing with antenna heights less than 60 feet. Prepare a report summarizing the results of the physical radio signal strength study. The report will provide recommendations on the design parameters for the communication facilities along with Engineer's estimates of probable construction costs. Results of physical radio signal strength testing will be included in the construction contract documents as an appendix to the spread spectrum radio communication specification. c. Submit six (6) hard copies and an electronic copy of the deliverables for Owner and Peer review. d. Meet with Owner to obtain Owner's comments on the submittal. Resolve any questions and revise documents, if necessary. Page 23 of 38 e. Submit six (6) hard copies and an electronic copy of the documents when revisions are accepted by Owner. 8. Preliminary Design - Spatial design phase a. Spatial design shall proceed only after Owner has accepted schematic phase conclusions. Produce these deliverables. • Equipment list. • Site utility analysis. • Architectural program. • Preliminary Items o Initial geoteclulical information. o Process equipment information and data. o Site layout. o Process structure layouts including main piping and valves. o Civil/site and process/civil sections of basis of design memorandum. o Sketch sections through major process facilities. o Facility and building layouts. • Internal quality control review and refinement before submittal to Owner. • Quality assurance and quality control plan update. • Project trend register update. b. Conduct a workshop with Owner's staff, Peer Review team, and Engineer's lead designers to discuss layouts, review alternatives, and make layout decisions. c. Revise documents if necessary and submit six (6) hard copies and one electronic copy to Owner as record of decisions taken at the spatial design phase. 9. Preliminary Design Basis of Design a. Commence this phase only after the Owner has accepted spatial design criteria. Complete design criteria deliverables. • Basis of Design Memorandum. • Code Classification Table. • Layouts of process piping and major equipment. • Hydraulic profile for both I0 mgd and ultimate 50 mgd plant capacity and including potential future UV facility. • Site plan including conceptual layout for ultimate 50 mgd facility. • Power distribution functional diagram. • Process facility sections. • SCADA communication system block diagram o Communication between existing WTP, new WTP, Post Pump Station, and Lake Alan Henry Pump Station. Page 24 of 38 o Inclusion of up to three spread spectrum radio repeater sites. New radio repeater tower heights and pump station radio tower heights will be evaluated from 0-60 feet above ground level. Antenna heights at the WTP's will confomi to any local height restrictions. + Conceptual building layouts to include space for future equipment such as chemical feed. • Architectural elevations. • Constructability review. • Internal quality control review and refinement before submitting to Owner. • Opinion of probable construction cost. • Quality assurance and quality control plan update. • Project schedule update. • Project trend register update. The basis of design memorandum is the most important deliverable from this phase. It is the means to communicate scope, objectives, and details of the project to the Owner, regulatory agencies, and the design team. Information in the basis of design memorandum includes: • General project scope and background references. • Design criteria, including: o Flow rates — Initial and future. o Raw water quality - physical, chemical and biological. o Design objective, treated water quality. o Sludge quantities and types (lime, alum, etc.). • Applicable codes and standards, including fire and safety codes including code review and approval process. • Local building, planning, and zoning department requirements including code review and approval process. • Site considerations, including subsurface conditions, flood elevations, drainage requirements, etc. • P&1D and Process Flow Diagrams. • Preliminary site plan, building layouts, and architecture. • Preliminary hydraulic profile of treatment facilities. • Process and hydraulic systems. • Sludge processing systems and handling. • Chemical feed and storage. • Operational monitoring and control systems. • HVAC systems. • Electrical systems. • Structural design criteria. • Miscellaneous support systems. • Security systems. • Utility requirements. b. Submit six (6) hard copies and one electronic copy of the preliminary drawings and final Basis of Design Memorandum for Owner and Peer review. Page 25 of 38 c. Within 2 weeks of receipt of documents, the Owner will consolidate their submittal review comments and provide a written memorandum to Engineer. A written response to the comments will be provided in return. d. Attend one meeting with Owner to discuss Owner's review comments and Engineer's responses and resolve outstanding issues. e. Submit six (6) hard copies and one electronic copy of revised Basis of Design Memorandum to Owner as a record of decisions made at the completion of preliminary design phase. 10. Detailed design — Construction contract documents Level 1 a. Detailed design is to commence only after Owner has accepted design criteria and the Basis of Design Memorandum. The construction contract documents shall be prepared for selection of private construction contractors on a competitive bid basis. Construction documents will be prepared for independent bidding of the raw water terminal storage reservoir and the water treatment plant. A separate procurement document will be prepared for the water treatment plant membranes. The Level 1 deliverables are as follows: • Contract front-end documents. • Secondary systems P&ID drawings. • Equipment control descriptions. • Chemical feed system P&ID drawings. • Site plan. • Grading plan. • General site arrangements and yard piping drawings. • Exterior wall appearance, materials, and construction recommendations. • Instrumentation input and output lists. • Instrumentation device schedules. • Final geotechnical investigation report. • Major facility plans and sections showing equipment and piping. • Preliminary structural design. • Architectural wall sections. • Process equipment specifications and data sheets. • Reflected ceiling plans. • Valve list. • Opinion of probable construction cost update. • Constructability review. • Internal quality control review and refinement before submittal to Owner. • Update quality assurance and quality control plan and log. • Project schedule update. • Project trend register update. Page 26 of 38 b. Provide six (6) hard copy sets and one electronic copy of drawings and specifications for Owner and Peer review. c. Within 2 weeks of receipt of documents, the Owner will consolidate their submittal review comments and provide a written memorandum to Engineer. A written response to the comments will be provided in return. d. Attend one meeting with Owner to discuss Owner's review comments and Engineer's responses and resolve outstanding issues. Meeting minutes will be issued to document resolution of issues. 11. Detailed design - Construction documents Level 2 a. Level 2 design shall commence only after Owner has accepted level 1 deliverables. Level 2 progress review meeting deliverables are as follows: • Architectural roof plans. • Sections and details showing major process and sub process equipment. • Structural framing plans and sections. • Landscaping and site irrigation plans. • Plumbing and fire protection system layouts and plans. • Power and lighting plans. • Electrical fixture schedules. • Commodity specifications. • HVAC system layouts and equipment schedules. • Architectural schedules. • Duct bank and roadway lighting arrangements. • Plumbing schedules. • Underground utility drawings. • Traffic control plan. + Erosion control plan. • Constructability review. • Opinion of probable construction cost update. • Internal quality control review and refinement before delivery to Owner. • Quality assurance and quality control plan and log update. • Project schedule update. • Project trend register update. b. Provide six (6) hard copy sets and one electronic set of drawings and specifications for Owner and Peer review. c. Within 2 weeks of receipt of documents, the Owner will consolidate their submittal review comments and provide a written memorandum to Engineer. A written response to the comments will be provided in return. Page 27 of 38 d. Attend one meeting with Owner to discuss Owner's review comments and Engineer's responses and resolve outstanding issues. Meeting minutes will be issued to document resolution of issues. 12. Detailed design - Construction documents Level 3 a. Level 3 design shall continence only after Owner has accepted level 2 deliverables. Level 3 progress review meeting deliverables are as follows: • Final review set of CAD drawings. • Final review set of specifications and construction contract documents. • Opinion of probable construction cost update. • Constructability review. • Internal quality control review and refinement before delivery to Owner. • Quality assurance and quality control plan and log update. • Project schedule update. • Project trend register update. b. Provide six (6) hard copy sets and one electronic copy of documents for Owner and Peer review. Within 2 weeks of receipt of documents, the Owner will consolidate their submittal review continents and provide a written memorandum to Engineer. A written response to the comments will be provided in return. d. Attend one meeting with Owner to discuss Owner's review comments and Engineer's responses and resolve outstanding issues. Meeting minutes will be issued to document resolution of issues e. Refine documents according to mutual agreement. 13. Regulatory Agency Submittal a. Submit final documents to TCEQ for approval. As TCEQ's review process is taking several months to complete, the City may desire to begin bidding and construction prior to approval of the documents in order to maintain the overall project schedule. b. Submit final documents to the Texas Department of Licensing and Regulation for approval. 14. Pen -nits Acquisition a. Provide in the specifications a list of the permits that must be obtained by the construction contractor(s). It is understood that the construction Contractors must obtain the following permits for this project: • Street cuts Page 28 of 38 • Street closings • Building permits • Erosion control • Fire protection • Public safety support • Utility services • Zoning b. Provide assistance to Owner in obtaining necessary permits from governmental agencies and from utility and pipeline companies, including: • Lubbock County c. Assistance for the above permits will include: • Preparation of applications, exhibits, drawings, and specifications as necessary for Owner's execution and submittal. • Furnishing additional information about the project design as may be requested by the agency/company in support of the application(s). PHASE 3100 - BID AND PREAWARD SERVICES I. After acceptance by Owner of the Bidding Documents and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by Owner to proceed, Engineer shall: a. Furnish and distribute the number of copies of the Plans and Specifications as required by prospective bidders and furnishers of material and equipment. b, Assist Owner in advertising for and obtaining bids or negotiating proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre -Bid conferences, if any, and receive and process Contractor deposits or charges for the Bidding Documents. c. Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents. d. Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by Contractor for those portions of the Work as to which such acceptability is required by the Bidding Documents. e. Attend the Bid opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids or proposals and in assembling and awarding contracts for the Work. ?. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractors. Page 29 of 38 Resolution No, 2008-ROIOI EXHIBIT A, PART 2 — CITY'S RESPONSIBILITIES General CITY shall have the responsibilities set forth herein. Provide ENGINEER with all criteria and full information as to CITY's requirements for the Project, including, design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any, budgetary limitations, and furnish copies of all desilm and construction standards which CITY has in its possession and will require to be included in the Drawings and Specifications; and furnish copies of CITY's standard forms, conditions, and related documents for ENGINEER to include in the Bidding Documents, when applicable. Furnish to ENGINEER any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. 4. Following ENGINEER's assessment of initially -available Project information and data and upon ENGINEER's request, furnish or otherwise make available such additional Project related information and data in its possession as is reasonably required to enable ENGINEER to complete its Basic and Additional Services. Such additional information or data would generally include the following: a. Data or consultations as required for the Project but not otherwise identified in the Agreement or the Exhibits thereto. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of a Hazardous Environmental Condition or of any other development that affects the scope or time of performance of ENGINEER's services, or any defect or nonconformance in ENGINEER's services or in the work of any Contractor. 6. Authorize ENGINEER to provide Additional Services as required and mutually agreed upon. 7. Arrange for safe access to and make all provisions for ENGINEER to enter upon public and private property, as required for ENGINEER to perform services under the Agreement. 8. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as CITY deems appropriate with respect to such examination) and render in writing timely, decisions pertaining thereto. 9. Obtain reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by ENGINEER and such reviews, approvals, and consents from others as may, be necessary for completion of each phase of the Project, including those identified in Exhibit A, Phase 2200, Paragraph 14, Permits Acquisition. City shall pay all fees for permit applications, and pay all mitigation cost associated with permits. 10. Provide, as required for the Project: Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. Page 30 of 38 b. Legal services with regard to issues pertaining to the Project as CITY requires or ENGINEER reasonably requests. c. Such auditing services as CITY requires. d. Placement and payment for advertisement for Bids in appropriate publications. 11. Advise ENGINEER of the identity and scope of services of any independent consultants employed by CITY to perform or furnish services in regard to the Project, including, but not limited to, cost estimating. project peer review, value engineering, and eonstructability review. 12. If CITY designates a construction manager or an individual or entity other than, or in addition to, ENGINEER to represent CITY at the Site, define the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of ENGINEER. 13. Attend the pre -bid conference and bid opening, 14. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of CITY, prior to their incorporation into the Work with appropriate professional interpretation thereof unless included within and authorized under Exhibit A, Phase 2200. Paragraph 5, Geotechnical Services 15. Perform and pay for all costs associated with procurement, daily operating expenses, and construction of the pilot plant. The CITY shall also be responsible for providing raw water to and space for housing of the pilot plant. 16. Provide personnel for general daily monitoring of the pilot plant operations. Richard.'LA[1 PSC Engineering Agreement EAA Pt2 031808 Page 31 of 39 EXHIBIT A, PART 3, ADDITIONAL SERVICES Additional services are not in the scope of work for this contract. These services will be performed at City's request with compensation adjustments. Supplemental services that City might choose to add to the scope of services include, but are not limited to, the following items. 1. General a. Value Engineering reviews and services. b. Prequalification of general construction contractors. c. Additional meetings with local, State, or Federal agencies to discuss the project other than those identified in Exhibit A, including without limitation, Phase 1000 and Phase 2200. d. Additional appearances at public hearings or before special boards, other than those identified in Exhibit A, including without limitation, Phase 2200. e. Supplemental engineering work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this agreement. f. Special consultants or independent professional associates requested or authorized by City. g. Assistance with bid protests and re -bidding. h. 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. i. Revisions to documents caused by the City's reconsideration of previously agreed upon design concepts. j. Revision of designs, drawings, and specifications to incorporate changes arising from Value Engineering review. 2. Rights of way, property acquisition, and land surveys a. Land and property surveys b. Aerial photography c. Photographs or videotapes of the construction site topographic and infrastructure features along pipelines or access roads. d. Setting horizontal and vertical controls and locating street, road, highway, and utility rights -of -way and critical property corners and to provide additional records on rights -of -way and property inforination. e. Prepare title reports on each parcel of property for purchase or arranging for easements or rights - of -way f. Prepare legal descriptions for the City's use in acquiring property or rights -of -way and easements. g. Services of a qualified appraiser to appraise the property or rights -of -way and easements to be acquired, and to meet and negotiate with the property owners h. Engineering assistance to City in negotiation meetings and condemnation proceedings. i. Surveying to re-establish streets to preconstruction grade, referencing and re-establishing land surveying monuments, and marking the easement or right-of-way limits. 3. Enviroiunental Assessment a. Envirorunental assessment reports and/or environmental impact statements. Page 32 of 38 b. Cultural resources and/or archaeological study and reports. c. Archaeological consultations regarding artifacts that may be uncovered during construction. 4. Testing a. Laboratory and field testing and any reports or studies on materials and equipment requested by City in excess of that listed in Exhibit A. b. Observing factory tests and/or field retesting of equipment that fails to pass the initial test. 5. Hazardous Environmental Conditions a. Remedial investigation/feasibility study or Phase I environmental site assessment to determine the quantity and location of contamination. b. Conduct asbestos or lead based paint abatement or other hazardous material abatement on existing facilities G. Support services for time and trips in connection with public information activity, in addition to those provided in Exhibit A, including without limitation, Phase 2200, Paragraph 4, Public Information Program. 7. Assisting City 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 and pertaining to Project Performance requirements associated with funding requirements of the Texas Water Development Board, as applicable. 8. Site visits, including time and travel expenses, to representative existing water treatment plants in addition to those provided for in Exhibit A, including without limitation, Phase 2000, Paragraph I.L. 9. Changes in the general scope, extent, or character of the project, including, but not limited to: Lt. Changes in size or complexity. b_ City's schedule, design, or character of construction. Method of financing. Revision of previously accepted studies, reports, design documents, or constriction 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 for the City under this Agreement. Richard/LAH PSC Engineering Agreement ExhA pt3 031808 Page 33 of 39 Resolution No. 2008—RO101 EXHIBIT B PAYMENTS TO ENGINEER LUMP SUM METHOD Article 11 of the Agreement is supplemented to include the following agreement of the parties: PAYMENTS TO THE ENGINEER Water Treatment Plant and Terminal Storage Reservoir — Lump Sum Method of Payment A. OWNER shall pay ENGINEER for Services set forth in Exhibit A, Scope of Services, Phases 1000, 2200, and 3100 as follows: 1. A Lump Sum amount of $ 3,267,500 based on the following distribution of compensation: a. Water Treatment Plant $ 2,497,500 Deliverable Amount Delivery Date Basis of Design Memorandum $ 515,000 August 2008 Level 1 Design $ 380,000 December 2008 Level 2 Design $ 860,000 May 2009 Level 3 Design $ 692,500 November 2009 Bid and Pre -Award Services $ 50,000 January 2010 b. Terminal Storage Reservoir $ 770,000 Deliverable Amount Delivery Date Basis of Design Memorandum $ 154,000 August 2008 Level 1 Design $ 115,500 December 2008 Level 2 Design $ 231,000 May 2009 Level 3 Design $ 231,000 November 2009 Bid and Pre -Award Services $ 38,500 January 2010 2. The Lump Sum includes compensation for ENGINEER's services and services of ENGINEER's Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Direct Expenses. 3. The portion of the Lump Sum amount billed for ENGINEER's services will be based upon ENGINEER's estimate of the proportion of the total services actually completed during the billing period to the Lump Sum. 4. The Lump Sum is conditioned on authorization to proceed issued by May 1, 2008 and receipt of bids by January 30, 2010. Should the Contract Time to complete the Work be extended beyond this period through no fault of the ENGINEER, the total compensation to ENGINEER shall be appropriately adjusted. Any adjustments to the fee will require a contract amendment. No additional services will be rendered until such amendment has been approved by the City Council. Page 34 of 38 Membrane Pilot Testing and Evaluation — Hourly Rate Not to Exceed Method of Payment A. OWNER shall pay ENGINEER for Services set forth in Exhibit A, Scope of Services, Phase 2000 — Mcmbrane Pilot `Testing and Evaluation, as follows: 1. A Not -to -Exceed amount of $ 286,000 billed on an hourly rate basis per the attached schedule, as applicable for personnel of Engineer and Engineer's consultant's. 2. A Not -to Exceed amount of $36,000 for labor and expenses, billed on an hourly rate basis per the attached schedules, as applicable for personnel of Engineer and Engineer's consultants and associated with Engineer participation (5 personnel) in 2 site visits to existing membrane treatment plants, as authorized by the City. 3. Sub -consultant will be billed on the basis of cost times a factor of 1.0. 4. For reimbursable expenses, on the basis of cost times a factor of L I0. For Authorized Additional Services --Standard Hourly Rates Method of Payment. A. OWNER shall pay ENGINEER for authorized Additional Services as follows: 1. For labor on an hourly rate basis per the attached schedules, as applicable for personnel of Engineer and Engineer's consultants. 2. For sub -consultant expenses, on the basis of cost times a factor of 1.0. 3. For reimbursable expenses, on the basis of cost times a factor of 1.10. B. The hourly rate schedule will be adjusted each January 1st to reflect cost of living adjustments, limited to a maximum increase of 51% per annum. RichanULAI I PSC Engineering Agreement Gxh13 031808 Page 35 of 38 Client: City of Lubbock Project: Lake Alan Henry Water Supply Project Agreement Date; Classification Hourly Rate PROFESSIONAL LEVEL VII Engineer VII Architect VII Landscape Architect VII Interior Designer VII PROFESSIONAL LEVEL VI Engineer VI Architect VI Landscape Architect VI Interior Designer VI PROFESSIONAL LEVEL V Engineer V Architect V Landscape Architect V Interior Designer V 155.00 132.00 117.00 PROFESSIONAL LEVEL IV 101.00 Engineer IV Architect IV, Intern (Architect) IV Landscape Architect IV Interior Designer IV Technologist IV Resident Project Representative IV PROFESSIONAL LEVEL III 85.00 Engineer 1/II, III Architect III, Intern (Architect) III Landscape Architect III Intern (Landscape Architect) III Interior Designer III Technologist III Resident Project Representative III Parkhill, Smith & Cooper, Inc. Hourly Rate Schedule Current through December 31, 2008 January 1, 2008 Classification Hourly Rate PROFESSIONAL LEVEL II 76.00 Intern (Architect) II Interior Designer 11, Intern (Interiors) II Technologist II Resident Project Representative II Landscape Architect 11 PROFESSIONAL LEVEL 1 69.00 Intern (Architect) Intern (Interiors) I Technologist I Resident Project Representative SUPPORT STAFF III Engineering Technician III CADD III Administrative Secretary III Project Assistant I/II SUPPORT STAFF II Accounting Clerk CADD Clerical Engineering Technician II Administrative Secretary II SUPPORT STAFF I Architectural Student Engineering Student Interiors Student Landscape Architecture Student Accounting Clerk Trainee CADD Trainee Clerical Trainee 34.00 Expenses Reimbursement tor expenses, as listed below, ineun'ed in connection with the services provided, and anfy provided in Phase 2000 and authurized Additional Services, will be at cost plus ten percent for items such as: l . Maps, photographs, postage, toll telephone, reproductions, printing, equipment rental, and special supplies related to the services. 2. Consultants, soils engineers, surveyors, contractors, and other outside services. 3. Rented vehicles, local public transportation and taxis, travel, and subsistence. 4. Special or job specific fees, insurance, permits, and licenses applicable to the work services. 5. Outside computer processing, computation, and proprietary programs purchased for the services. Direct Expenses, or any other expenses, shall not be charged or payable for any Services other than Phase 2000 and authorized Additional Services. Rate for professional staff for legal proceedings or as expert witnesses will be a rate one and one -hail times the Hourly Rates specified above. Page 36 of 38 Excise and gross receipts taxes, if any, will be added as an expense. The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2008 through December 31, 2008. After December 31, 2008, invoices will reflect the Schedule of Charges currently in effect. Page 37 of38 Engineer's Consultant Black & Veatch Corporation Hourly Rate Schedule Lake Alan Henry Water Supply Project Current through December 31, 2008 Compensation for personnel used in the performance of engineering services by Black & Veatch Corporation will generally be in accordance with the following hourly rates: Approximate Hourly Rate Personnel Classification Project Manager $210 Engineering Manager $200 Senior Membrane Process Engineer $200 Senior Process Engineer S 170 Process Engineer $130 Staff Civil Engineer $110 Senior Engineering Technician $150 Techniciar►/Designer $80 Senior Electrical Engineer S 180 Electrical Engineer $110 Senior I&C Engineer $180 I&C Technician $120 Quality Control/Assurance $180 Clerical $75 For those services billed on an hourly rate not -to -exceed basis, applicable to Phase 2000 and authorized Additional Services only, all other Phases of the Services being on a lump sum basis, billings shall be based upon the actual raw salary cost times a multiplier of 3.15. reimbursement for direct expenses such as copies, phones, postage, computer use, and other miscellaneous type expenses are incorporated within the salary multiplier and shall not be otherwise payable by the City. Travel and subsistence costs shall be billed at cost. Richard/ProfessionalServicesAgreement PSC-Water.031908 Page 38 of 38