HomeMy WebLinkAboutResolution - 2008-R0219 - Professional Services Agreement - Parkhill, Smith And Cooper, Inc. - 06_26_2008Resolution No. 2008-RO219
June 26, 2008
Item No. 5.4
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Professional Services
Agreement by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc. and
all related documents. Said Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Executed by the City Council this 26th day of
ATTEST:
APPROVED AS T O CONTENT:
Thomas Adams,
Deputy City Manager/Water Utilities Director
APPROVED AS TO FORM:
Richard K. Casner, First Assi—st-a-lit City Attorney
ao/ccdocs/ProfessionalServicesAgreement-PSC 061708
June 2008.
N'
TOM MARTIN, MAYOR
Resolution No. 2008-RO219
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into this 26th
day of June , 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 (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 and as defined in Article VIII, below), not to exceed the
total sum of Fifty Thousand Dollars and No/100 ($50,000.00). The City Council
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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 Services attributable to Engineer's reliance upon or
use of data, design criteria, drawings, specifications, or other information
prepared by City and furnished to Engineer by City.
1.02 Engineer shall perform only work related to the Preliminary Design Reports, as
described in Exhibit "A", 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, 2009, the time for performance by Engineer for such tasks shall be
extended the same amount of days as such notice occurs 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 designee.
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 fails to pay any invoiced amounts when due,
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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
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 to 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. 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
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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
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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 under 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 preventing continued performance and the efforts being made
to resume performance of this Agreement.
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 at the time such Services are performed. City shall not be
responsible for discovering deficiencies or defects in the performance 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
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4.01
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
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, 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.
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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.
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 Liability:
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
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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 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 contractors harmless, to the fullest
extent permitted by law, from and against any and all claims, demands, damages,
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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 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 VII
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
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(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:
Aubrey Spear, P.E.
P.O. Box 2000
Lubbock, Texas 79457
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
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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.
7.05 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 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.
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
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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 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
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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.
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
determined 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.
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.
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7.16 The authority to authorize Additional Services, as defined and limited herein, and
to act as Owner representative, as contemplated herein, including but not limited
to, Exhibit "A", "Designated Representatives", and Exhibit "A", Part II, Paragraph
2, is hereby delegated by the City Council of the City to the Director of Water
Utilities, or his designee.
ARTICLE VIII
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 Services --The services to be performed for or furnished to City by
Engineer in accordance with Exhibit A of this Agreement.
6. Bid --The offer or proposal of the bidder submitted on the prescribed form
setting forth the prices for the Work to be performed.
7. Bidding Documents --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
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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"
10. Construction Agreement. or Contract --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. Construction 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. Construction Period-- A time starting with the Contractor's notice -to -proceed
with facility construction and terminating once the Contractor has fulfilled the
terms of the construction contract with the Owner.
13. 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 or otherwise incorporated in 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 submitted by the Contractor and any ancillary reports and
drawings prepared by OWNER approved consultants are not Contract
Documents.
14. Contractor-- The entity that will be contracted with by the Owner to
construct facilities designed by the Engineer.
15. Direct Expenses --All expenses incurred directly by Engineer in connection
with the performing of Basic Services which are included in lump sum payments
as indicated in Exhibit B and 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.
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16. 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.
17. 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.
18. 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
term Engineer, as used in and for all purposes of this Agreement, includes
Engineer's Consultants.
19. 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.
20. Hazardous Environmental Condition --The presence at the Site of Asbestos,
PCBs, 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.
21. Peer Reviewer-- Licensed engineer under separate contract with the Owner
designated to review draft and final engineering and construction documents,
correspondence and discussions during the design and construction process. Peer
reviewer will provide expert opinion and suggestions for improvement regarding
the process that they participate in.
22. 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.
23. Resident Project 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.
24. 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.
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25. 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.
26. 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.
27. 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 terms "substantially complete" and "substantially completed" as
applied to all or part of the Work refer to Substantial Completion thereof.
28. Supplementary Conditions --That part of the Contract Documents which
amends or supplements the General Conditions, if any.
29. Work --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 as of the date first written above.
PARKHILL, SMITH & COOPER, INC.
Q4/f /,:�k/
JO S. LLEY, FI104 PRINCIPAL
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CITY OF LUBBOCK
TOM MARTIN, MAYOR
APPROV '�'O NTENT:
Thomas Adams, Deputy City Manager
APPROVED AS FORM:
Richard K. Casner, First Assista-ift City Attorney
Page 17 of 35
Resolution No. 2008 RO219
EXHIBIT A
SCOPE OF SERVICES
LAKE ALAN HENRY PUMP STATION
POST BOOSTER PUMP STATION AND STORAGE TANK
LAKE ALAN HENRY PIPELINE
General:
1. The Lake Alan Henry (LAH) Raw Water Transmission System (The Project) includes the
following facilities:
• Lake Alan Henry Pump Station (LAHPS) at LAH with an initial capacity of 14
Million Gallons Per Day (MGD) and an ultimate capacity of 36 MGD
• The Post Booster Pump Station (PBPS) located near Post and having an initial
capacity of 10-14 MGD and an ultimate capacity of 47 MGD. The PBPS will have a
4 million gallon storage tank.
• 50 miles of 42/48-inch diameter pipeline from LAH to a terminal storage reservoir
southeast of Lubbock. The design of the terminal storage reservoir and water
treatment plant is included in a separate engineering services contract with the City of
Lubbock.
• Provide a stub -out for the future connection to the existing White River Municipal
Water District (WRMWD) pipeline where it crosses the proposed LAH pipeline.
• The SCADA and communication system from the pump stations to the water
treatment plant are included in a separate engineering services contract with the City
of Lubbock.
2. The Project will be split into the following construction contracts:
• Contract A: Section 1 of the 50 mile long 42/48-inch diameter pipeline from LAHPS
to PBPS
• Contract B: Section 2 of the 50 mile long 42/48-inch diameter pipeline from PBPS to
the site of the future Southland Booster Pump Station (SBPS).
• Contract C: Section 3 of the 50 mile long 42/48-inch diameter pipeline from SBPS to
the terminal reservoir
• Contract D: LAHPS, PBPS with 4 million gallon storage tank, and the WRMWD
connection. Prepurchase of equipment is not anticipated for the Project.
The following facilities are not part of the Project. If added to the Project, this
Agreement may be amended to provide for such facilities, and additional compensation
may be granted to ENGINEER therein.
• Electrical substations or power transmission lines to the sites, which will be designed
and constructed by the electric utility companies. The Project will tie into the
secondary side of the substations and/or power service facilities.
• Chemical facilities, although the LAHPS will be designed to allow space for future
chemical facilities.
• Improvements to Lubbock's existing raw water delivery system.
• Offsite utilities such as potable water, sanitary service, power, or telecommunication.
4. The OWNER shall provide the following items for the development of the Project:
• Easement acquisition services
• Pay for all fees, permits, mitigation cost, utilities, and power service costs
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• The OWNER shall designate a person to act as OWNER's representative during the
Project.
BASIC SERVICES: The Basic Services include project administration, preliminary
investigations and reports, preparation of detailed design, as set forth herein, and construction
documents and construction bid and award services. Construction phase services, resident
representation services during construction, operations and maintenance manuals, start-up
services, commissioning, and personnel training will be incorporated in subsequent amendments
if desired by OWNER. ENGINEER shall render the following professional services in
connection with the development of the Project:
GENERAL SCOPE OF SERVICES TASKS: ENGINEER will provide the following as
part of the preliminary and final design phase of the Project:
a. Attend a kick-off meeting to clarify OWNER'S requirements for the Project, review
pertinent data, review project staffing and organization, and present the initial work
plan and schedule for matters not described in "Time for Completion", below.
b. Provide a Project Procedures Manual. The manual will be for use by the OWNER,
Peer Reviewer, and Engineer. An initial draft will be presented at the kick-off
meeting. The manual will include the following:
• Project description and scope of work
• Project organization
• Project contracts and lines of communication
• Code and other legal requirements
• Special client requirements
• Filing system
• Work plan and schedule
• Project Quality Assurance and Quality Control Plan
• Project budget
• Project schedule
• Specification and drafting standards
Provide administration and management of the 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. Attendmonthly coordination
meetings with the OWNER. Prepare and distribute minutes of the meetings.
Attend periodic meetings and make presentations to the Lubbock Water Advisory
Committee for the Project.
d. Assist the OWNER with the public information program, including the preparation
of exhibits and associated descriptive material. A total of four meetings in
Lubbock are included.
e. Provide monthly update reports which include the following:
• Status of the work
•Major tasks to be completed in the next month
*Discussion of major issues
*Scope changes to project scope or Engineer's scope
*Project budget update (if major changes since the last update)
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2.
•Project schedule update (if major changes since the last update)
•Status of deliverables
f. Establish and maintain a team project web site for storage and access to
information pertinent to the status, activities, and work projects of the Project,
including the following
• Project schedule
• Agenda and minutes of meetings and workshops
• Copies of reports, memorandums, deliverables, as appropriate
PRELIMINARY DESIGN PHASE: ENGINEER will provide the following as part of
the preliminary design phase:
a. Conduct a study of the LAH water transmission system to verify system pumping
capacity, phasing of the system, maximum diversion rate at the intake, preliminary
pump selection, and general operating requirements of the water transmission
system.
b. Prepare load studies to support preliminary design of utility power systems by
others and to assist in electric utility rate negotiations. Meet with the electric utility
companies and OWNER to coordinate electric utility system design and power
contracts.
Conduct a workshop with OWNER'S staff and Peer Review Team to discuss
layouts, equipment selection, construction material options, operation and
maintenance criteria, OWNER'S preferences, and alternatives to be studied.
ENGINEER will bring lead designers from the major disciplines to the workshop.
d. Attend site trips with OWNER'S staff to similar pump station facilities in Texas for
up to two days including travel for two people.
e. Evaluate alternatives and recommend designs for the Project facilities, including
conceptual pump station floor plan layouts, tank sizes and appurtenances, major
equipment selections, piping and valves, flowmeters, pigging facilities, surge
control systems, building materials, bridge crane, HVAC systems, toilet and
janitorial facilities, septic waste systems, site road and grading plans, pipeline
diameter, pipeline materials, pipeline appurtenances, preliminary power plan and
one -line drawings, process and instrumentation diagram (P & IDs), and equipment
tagging schedules, and electrical bulkheads for switching variable frequency drives
(vfds) to alternate pumps.
f. Reconnaissance -level opinions of probable construction cost for the recommended
facilities.
g. Prepare and submit 10 copies of a draft copy of the preliminary design report for
review by the OWNER. The preliminary design report will include design criteria,
codes and standards, evaluation of alternatives, layouts, equipment selections, and
cost estimates as described above. The report will also include the Project phasing,
schedule, permitting requirements, and zoning requirements (if any).
Page 20 of 35
h. Attend a meeting to present the draft preliminary design report. Attend another
meeting to receive comments from the OWNER. Make modifications to the report
to address the OWNER's comments, and submit 10 copies of the final draft of the
preliminary design report.
3. FINAL DESIGN PHASE: Upon approval of the final draft of the preliminary design
report, ENGINEER will provide the following as part of the final design phase:
a. Obtain and review OWNER -furnished front end documents, general conditions,
and special conditions for the construction contracts. Meet with OWNER to
resolve review comments, and revise OWNER's standard documents accordingly.
b. Prepare plans, specifications, contract documents, designs, and layouts of
improvements to be constructed.
Advise OWNER of need for and recommend scope of additional subsurface
investigations, special analysis, and the retention of special consultants.
(Geotechnical engineering, Soil Modeling, Surge Modeling, Corrosion
Engineering, Subsurface Utility Engineering, and Environmental Services will be
furnished as Basic Services pursuant to Exhibit A — Basic Services, Paragraphs 5,
6, 7, 8, and 9, below). The cost of any Additional Services shall be paid by
OWNER and are not included in the services performed by ENGINEER unless
they are included pursuant to Exhibit A — Basic Services.
d. Prepare applications for all routine permits applicable to the Project, as
contemplated by this Exhibit "A", including but not limited to road and railroad
crossing permits, building code permitting (if any), TCEQ septic disposal
permitting (if any). ENGINEER will provide supporting documents to the
Construction Contractor(s) for their application of NPDES Permitting. Any
permitting effort required because of new regulations that become effective after
the signing of this contract will be considered Additional Services.
Submit plans, specifications, and contract documents to the applicable federal and
state agency(s) for approval, where required. Submittals will include, but not be
limited to, to the Texas Commission on Environmental Quality (TCEQ), Texas
Water Development Board (TWDB), and Texas Department of Licensing and
Regulation (TDLR).
f. Furnish necessary information to utility companies whose facilities may be affected
or services may be required for the Project. Provide site civil design of the pump
station sites to support the electric utilities site requirements, including site grading,
roads, and fencing. The pump station power connection to the electric utility will
be on the secondary side of the utility transformer.
g. Level 1 Review: Furnish OWNER ten (10) copies of preliminary (30%) drawings
marked "Preliminary" for approval by OWNER. ENGINEER will meet with the
OWNER to present the preliminary drawings. After OWNER'S review,
ENGINEER will meet with OWNER to receive comments. Level 1 review
documents will include dimensional layout drawings of the facilities and typical,
based on standard industry practices and according to the degree of care, skill and
Page 21 of 35
diligence as provided herein, details. The drawings will be in sufficient
development to show the overall layouts, but will not have specific design details
or specifications.
h. Level 2 Review: Furnish OWNER ten (10) copies of preliminary (60%) plans and
specifications marked "Preliminary" for approval by OWNER. ENGINEER will
meet with the OWNER to present the preliminary plans and specifications. After
OWNER'S review, ENGINEER will meet with OWNER to receive comments.
Level 2 review documents will include dimensional layout drawings, plans,
sections and elevations of the facilities for all of the trades, typical, based on
standard industry practices and according to the degree of care, skill and diligence
as provided herein, details, and most special details. The drawings will be in
sufficient development to show the overall layouts and design intent, but will lack
many notes and minor details. The specifications will include the front end
documents and draft specifications for major equipment items.
Level 3 Review: Furnish OWNER ten (10) copies of preliminary (95%) plans,
specifications, and bid proposals marked "Preliminary" for approval by OWNER.
ENGINEER will meet with the OWNER to present the preliminary plans and
specifications. After OWNER'S review, ENGINEER will meet with OWNER to
receive comments. Upon final approval by OWNER, ENGINEER will complete
the plans and specifications and provide OWNER ten (10) sets of copies of "Final"
plans and specifications. Level 3 Review documents will include all drawing
sheets and specifications with some minor corrections and notes still remaining.
Prepare bidder's proposal forms (Project quantities) of the improvements to be
constructed.
k. Prepare revised opinion of probable construction cost at the Level 1, 2, and 3
Reviews.
4. BID AND AWARD PHASE: Upon completion of the design services and approval of
"Final" plans and specifications by OWNER, ENGINEER will proceed with the
performance of services in this phase as follows:
a. Assist OWNER in securing bids, issuing notice to bidders and notifying selected
plan rooms. The notice to bidders will be furnished to OWNER for publication in
the local news media. The cost for publications shall be paid by OWNER.
b. Distribute plans to bidders at the cost of reproduction and handling. Cost will be
paid for by bidders. A maximum of five complimentary sets. of plans will be
distributed to plan rooms. Keep a record of prospective bidders and plan rooms
and other parties to whom the bidding documents have been distributed. Advertise
for bids on ENGINEER's website, and keep the website updated with addenda
information, plan holder lists, and bidding information.
C. Attend a pre -bid conference, if any, for each of the construction contracts.
d. Issue Addenda as appropriate to clarify, correct, or change the bidding documents.
e. Assist OWNER in the opening, tabulation, and analysis of the bids received and
furnish recommendations on the award of contracts as appropriate.
Page 22 of 35
f. Assist OWNER in the preparation of documents for execution of the construction
contracts. ENGINEER will conform the contract documents, make six original
copies for execution. ENGINEER will also make twenty conformed copies of the
plans and specifications for use by the Contractor and OWNER. The twenty copies
will include ten full size copies and ten half size copies. ENGINEER will also
provide twenty color copies of the pipeline map books for use by the Contractor
and OWNER.
g. The Bid and Award phase will be considered complete upon execution of the
construction contracts and distribution of the conformed copies of the plans and
specifications.
CORROSION ENGINEERING: Retain and monitor, through a subcontract, the efforts
of a corrosion engineering firm, as approved by OWNER, to provide the following
services:
• Prepare soil resistivity surveys at 1500' intervals
• Conduct laboratory analyses of 60 soil samples. The geotechnical engineer will
collect 50 samples, and the corrosion engineer will collect an additional 10 samples
at hot spots.
• Provide a visual inspection of the route to look for foreign pipeline crossings, stray
do current sources, power lines, changes in soil conditions, drainages, and
connections to existing facilities.
• Prepare a report indicating soil resistivity analysis and recommendations for
cathodic protection for up to three alternate pipe materials and up to three alternate
cathodic protection system designs, such as galvanic anodes, galvanic ribbon
anodes, and impressed current.
• Provide recommendations for pipe material coating alternatives
• Design cathodic protection systems for up to three alternate pipe materials
• Furnish plans and specifications for cathodic protection and corrosion monitoring
systems
• Evaluation of AC interference and mitigation is not included, and will be an
additional service if required.
6. SURGE PROTECTION ENGINEERING: Retain and monitor, through a subcontract,
the efforts of a surge protection engineering firm, as approved by OWNER, to provide
the following services:
• Prepare a computer model of the recommended pipeline alignment and initial and
future pump station facilities from the LAHPS to the terminal reservoir, including
the PBPS and SBPS with suction storage tanks. The model will simulate up to
fifteen transient events including:
o Full power failure at each pump station (3 cases)
o Loss of one pump at each pump station (3 cases)
o Full power failure with alternate air valve selections at each pump station
(3 cases)
o Full power failure while pumping from the PBPS to the terminal
reservoir (1 case)
o Loss of one pump while pumping from the PBPS to the terminal
reservoir (1 case)
Page 23 of 3S
o Full power failure while pumping from the PBPS to the terminal
reservoir with alternate air valve selection (1 case)
o Three cases to be determined (3 cases)
Prepare a report indicating pipeline operating and surge pressures. The report will
interpret results and identify operational and surge -related requirements.
7. SOIL MODELING
Retain and monitor, through a subcontract, the efforts of a soil modeler, as approved by
OWNER, to conduct specialized laboratory testing of soil samples and a finite element
model analysis of the pipe -soil structure. This study will be used to verify the suitability
of trench excavated material for the backfill in the pipe zone. The soil modeler will also
help develop the pipeline soil compaction specifications for use with native backfill
materials in the pipe zone.
GEOTECHNICAL ENGINEERING: Retain and monitor, through a subcontract, the
efforts of a geotechnical engineering firm, as approved by OWNER, to provide the
following services:
• Provide drilling services, laboratory testing, and geotechnical engineering required
for the preparation of designs, drawings, and plans for the LAHPS (I I test holes),
the PBPS (11 test holes), the suction storage tank at the PBPS (6 test holes), and
the flow control/meter structure at the WRMWD connection (2 test holes).
• Provide drilling services and soil sample collection for the pipeline at
approximately half mile spacing and at major road crossings (110 test holes). Fifty
soil samples will be shipped to the corrosion engineer for laboratory testing. One
hundred soil samples will be shipped to the soil modeler for pipeline backfill
material evaluations.
• Drilling services for the future SBPS are not included.
• Drilling services assume that a limited amount of tree or heavy brush clearing will
be required to access the test hole sites. Test hole sites will be located near roads
and other clearings to the extent possible. A budget of $20,000 is set aside for tree
and brush clearing.
9. SUBSURFACE UTILITY ENGINEERING
Retain and monitor, through a subcontract, the efforts of a subsurface utility engineering
firm, as approved by OWNER, to perform test hole excavations for up to 30 existing
utility lines. The excavations are intended to verify the vertical and horizontal locations
of major existing underground utility lines which cross the proposed water transmission
pipeline. Major existing lines are typically large diameter petrochemical lines, gas lines
or water lines. The intent of the excavations is to limit the number of construction
change orders due to the unknown locations of existing lines.
TIME OF COMPLETION: ENGINEER is authorized to commence work on the Project upon
execution of this AGREEMENT and, notwithstanding anything to the contrary herein, shall
complete the services in accordance with the following schedule:
• Notice to Proceed from Owner — July 1, 2008
Page 24 of 35
• Submit Draft Preliminary Design Report/Pump Stations, Post Booster Pump and Storage
Tank — October 1, 2008
• Submit Draft Preliminary Design Report/Pipeline — November 15, 2008
• Begin Advertise for Bids Pipeline Section 1 — May 1, 2009
• Begin Advertise for Bids Pipeline Section 2 — December 1, 2009
• Begin Advertise for Bids Pipeline Section 3 — May 1, 2010
• Begin Advertise for Bids Pump Stations — March 1, 2010
The above schedule is based upon OWNER review of the preliminary design report within two
weeks of submittal, and review of Level 1, 2, and 3 within three weeks of submittal.
If ENGINEER's services are delayed through force majeure, the terms and provisions of Section
2.04, above, shall apply.
DESIGNATED REPRESENTATIVES: ENGINEER and OWNER designate the following
representatives. ENGINEER and OWNER may designate a different representative by providing
notice to the other party as prescribed in this Agreement:
Owner's Designated Representative - Aubrey Spear, P.E., City of Lubbock, Water
Administration, P.O. Box 2000, Lubbock, TX 79457; phone 806-775-2585; fax 806-775-
3344; e-mail ASpear@mail.ci.lubbock.tx.us
ENGINEER's Designated Representative — John Kelley, Parkhill, Smith and Cooper, 4222 851'
Street, Lubbock Texas 79423; phone 806-423-2200; fax 806-473-3500; e-mail jkelley@team-
psc.com
Freese and Nichols Project Manager: Rusty Gibson — overall P.M., Nick Lester. assistant P.M.
— Pipelines, and Kelly Wood, assistant P.M. — Pump Stations, 4055 International Plaza, Suite 200,
Fort Worth, Texas 76109-4895; Phone: 817-735-7300, Fax: 817-735-7491; email: Rusty:
rlga,freese.com, Nick: ncl@freese.com and Kelly: kww@freese.com
Page 25 of 35
Resolution No. 2008-RO219
EXHIBIT A, PART 2 — OWNER'S RESPONSIBILITIES
LAKE ALAN HENRY PUMP STATION
POST BOOSTER PUMP STATION AND STORAGE TANK
LAKE ALAN HENRY PIPELINE
RESPONSIBILITIES OF OWNER: OWNER shall perform the following within a reasonable
time, except in the event a specific time period has otherwise been prescribed for such task,
wherein such specific time shall be applicable.
1. Designate in writing a person to act as OWNER's representative with respect to the
services to be rendered under this AGREEMENT. Such person shall have authority to
transmit instructions, receive information, interpret and clarify OWNER's policies and
decisions with respect to ENGINEER's services for the Project.
2. Provide all criteria and full information as to OWNER'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 design and construction standards, unless such matters, or any of them, are
otherwise required by any law, statute, rule, regulation or order applicable or related to
the Project, which OWNER will require to be included in the drawings and
specifications.
3. Assist ENGINEER by placing at ENGINEER's disposal all available non -confidential
information pertinent to the Project including previous reports and any other data relative
to design or construction of the Project. Notwithstanding anything to the contrary herein,
ENGINEER's reliance upon any report or data prepared by a party other than OWNER
shall be at the sole risk of ENGINEER.
4. Arrange for access to and make all provisions for ENGINEER to enter upon public and
private property as required for ENGINEER to perform services under this
AGREEMENT.
5. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by ENGINEER, obtain advice of an attorney, insurance counselor
and other consultants as OWNER deems appropriate for such examination and render in
writing decisions pertaining thereto within a reasonable time so as not to delay the
services of ENGINEER.
6. Furnish approvals and permits from all governmental authorities having jurisdiction over
the Project and such approvals and consents from others as may be necessary for
completion of the Project, unless to be provided by ENGINEER pursuant to the terms of
this Agreement.
7. Provide such accounting, independent cost estimating and insurance counseling services
as may be required by OWNER for the Project, such legal services as OWNER may
require with regard to legal issues pertaining to the Project including any that may be
raised by Contractor(s), such auditing service as OWNER may require to ascertain how
or for what purpose any Contractor has used the moneys paid under the construction
contract, and such inspection services as OWNER may require to ascertain that
Page 26 of 35
Contractor(s) are complying with any law, rule, regulation, ordinance, code or order
applicable to their furnishing and performing the work.
8. Review the preliminary design report and provide comments as OWNER deems
appropriate. Upon final approval of the preliminary design report, provide written
authorization to ENGINEER to proceed with the final design phase. Review the Level 1,
2, and 3 plans and specifications and provide comments to ENGINEER.
9. OWNER and ENGINEER may agree, if so elected by OWNER and ENGINEER, to a
contract amendment to establish the construction phase services to be provided by
ENGINEER prior to bid and award.
10. Attend the pre -bid conference, bid opening, preconstruction conferences, construction
progress and other job related meetings and substantial completion inspections and final
payment inspections.
11. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise
becomes aware of any development that affects the scope or timing of ENGINEER's
services, or any defect or nonconformance of the work of any Contractor.
12. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in Exhibit A,
Part 3 of this AGREEMENT or other services, as deemed to be required by OWNER.
13. The OWNER reserves the right to direct substantial revision of the Plans and
Specifications after approval by the OWNER as OWNER may deem necessary, but in
such event the OWNER shall pay ENGINEER just and equitable compensation for
services rendered in making such revisions and such shall be considered Additional
Services hereunder. OWNER shall not be obligated to pay ENGINEER for said revisions
should they be necessary as a result of the design and/or Contract Documents being in
any manner defective or deficient.
14. Bear all costs incident to compliance with the requirements of OWNER'S
responsibilities.
15. Provide the following services, unless provided specifically otherwise in this Agreement:
1. Provide easement acquisition services.
2. Pay all permit fees and mitigation costs.
3. Provide land title research and title policy.
4. Provide advertisement for bids in local publications as required.
Page 27 of 35
Contractors) are complying with any law, rule, regulation, ordinance, code or order
applicable to their furnishing and performing the work.
Review the preliminary design report and provide comments as OWNER deems
appropriate. Upon final approval of the preliminary design report, provide written
authorization to ENGINEER to proceed with the final design phase. Review the Level 1,
2, and 3 plans and specifications and provide comments to ENGINEER.
OWNER and ENGINEER may agree, if so elected by OWNER and ENGINEER, to a
contract amendment to establish the construction phase services to be provided by
ENGINEER prior to bid and award.
10. Attend the pre -bid conference, bid opening, preconstruction conferences, construction
progress and other job related meetings and substantial completion inspections and final
payment inspections.
11. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise
becomes aware of any development that affects the scope or timing of ENGINEER's
services, or any defect or nonconformance of the work of any Contractor.
12. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in Exhibit A,
Part 3 of this AGREEMENT or other services, as deemed to be required by OWNER.
13. The OWNER reserves the right to direct substantial revision of the Plans and
Specifications after approval by the OWNER as OWNER may deem necessary, but in
such event the OWNER shall pay ENGINEER just and equitable compensation for
services rendered in making such revisions and such shall be considered Additional
Services hereunder. OWNER shall not be obligated to pay ENGINEER for said revisions
should they be necessary as a result of the design and/or Contract Documents being in
any manner defective or deficient.
14. Bear all costs incident to compliance with the requirements of OWNER'S
responsibilities.
15. Provide the following services, unless provided specifically otherwise in this Agreement:
1. Provide easement acquisition services.
2. Pay all permit fees and mitigation costs.
3. Provide land title research and title policy.
4. Provide advertisement for bids in local publications as required.
Page 27 of 35
Resolution No. 2008-RO219
EXHIBIT A, PART 3 -- ADDITIONAL SERVICES
LAKE ALAN HENRY PUMP STATION
POST BOOSTER PUMP STATION AND STORAGE TANK
LAKE ALAN HENRY PIPELINE
ADDITIONAL SERVICES: Additional Services to be performed by ENGINEER, if authorized
by OWNER, which are not included in the above described basic services, are described as
follows:
Providing services to investigate existing conditions or facilities, or to make measured
drawings thereof, or to verify the accuracy of OWNER prepared drawings or other
OWNER prepared information furnished by OWNER.
2. Making revisions to drawings, specifications or other documents when such revisions are
not consistent with approvals or instructions previously given by OWNER.
Model testing of pumps, sump pits, or suction header piping.
4. Investigations involving consideration of operation, maintenance and overhead expenses,
and the preparation of rate schedules, earnings and expense statements, feasibility studies,
appraisals, evaluations, assessment schedules, and material audits or inventories required
for certification of force account construction performed by OWNER.
Preparing data and reports for assistance to OWNER in preparation for hearings before
regulatory agencies, courts, arbitration panels or any mediator, giving testimony,
personally or by deposition, and preparations therefore before any regulatory agency,
court, arbitration panel or mediator other than those services described in the Exhibit A —
Basic Services.
6. Assisting OWNER in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT. Such services, if any,
shall be furnished by ENGINEER on a fee basis negotiated by the respective parties
outside of and in addition to this AGREEMENT.
Providing environmental support services including the design and implementation of
ecological baseline studies, environmental monitoring, impact assessment and analyses,
and other assistance required to address environmental issues other than those services
described in the Exhibit A — Basic Services.
8. Design, contract modifications, studies or analysis required to comply with local, State,
Federal or other regulatory agencies that become effective after the date of this
Agreement.
9. Additional drawing sheets required as a result of having one or more alternate designs in
the bidding documents in addition to the base design, as said design is provided for in
Exhibit "A", Parts 1 and 2.
10. Pre -purchase or pre -selection or any other alternate contract structure or number of
contracts other than as stipulated in Exhibit A — Basic Services.
11. Services required to resolve bid protests or to rebid the Project for any reason.
Page 28 of 35
12. Providing services made necessary because of unforeseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
13. Providing value engineering studies or reviews of cost savings proposed by others.
14. Providing any services after the bid and award of construction contracts.
15. Providing Arc Flash studies for electrical equipment. Such studies will be provided by
the Contractor.
16. Other items or activities defined as "Additional Services" in this Agreement.
Page 29 of 35
Resolution No. 2008-RO219
EXHIBIT B — PAYMENTS TO THE ENGINEER
PAYMENTS TO THE ENGINEER — Lake Alan Henry Pump Station, Post Booster Pump
Station and Storage Tank, Lake Alan Henry Pipeline
1. OWNER shall pay ENGINEER for services set forth in Exhibit A — Scope of
Services, Basic Services, Paragraph 1, 2, 3, 4, 5, 6, and 7 as follows:
a. A Lump Sum of $5,548,000 based on the following distribution of compensation:
Lake Alan HeM Pipeline — Construction Contracts A, B,
and C $3,757,000
Deliverable
Amount
Delivery Date
• Preliminary Design Report
$374,000
November 2008
Construction Contract A, covering Lake Alan Henry
Pump Station to Post Pump
Station
• Level 1 Design
$380,000
December 1, 2008
• Level 2 Design
$380,000
March 1, 2009
• Level 3 Design
$507,000
May 1, 2009
• Bid and Award Services
$ 54,000
June 1, 2009
Construction Contract B, covering Post Pump Station to Southland Pump Station
• Level 1 Design
$293,500
July 1, 2009
• Level 2 Design
$293,500
October 1, 2009
• Level 3 Design
$390,000
December 1, 2009
• Bid and Award Services
$ 54,000
January 1, 2010
Construction Contract C, covering Southland Pump Station to Water Treatment
Plant
• Level 1 Design
$293,500
December 1, 2009
• Level 2 Design
$293,500
March 1, 2010
• Level 3 Design
$390,000
May 1, 2010
• Bid and Award Services
$ 54,000
June 1, 2010
Lake Alan Henry Pump Station, Post Booster Pump Station and Storage Tank —
Construction Contract D $1 791 000
Deliverable
• Preliminary Design Report
Amount
$362,000
Delivery Date
October 1, 2008
• Level 1 Design $415,500 March 1, 2009
• Level 2 Design $415,500 July 1, 2009
• Level 3 Design $555,000 October 1, 2009
• Bid and Award Services $ 43,000 June 1, 2010
Page 30 of 35
b. 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.
C. 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.
d. The Lump Sum is conditioned on authorization to proceed issued by July 1, 2008
and receipt of bids by June 1, 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 negotiated by OWNER and
ENGINEER and appropriately adjusted by amendment to this Agreement. No
Additional Services will be rendered until such amendment has been approved by
the City.
2. OWNER shall pay ENGINEER for services set forth in Exhibit A — Scope of
Services, Basic Services, Paragraphs 8 and 9 as follows:
a. For Basic Services Item 8 — Geotechnical Engineering Services. The basis of
cost times a factor of 1.10, with a Not -to -Exceed amount of $265,100.
b. For Basic Services Item 9 — Subsurface Utility Engineering Services. The basis
of cost times a factor of 1.10, with a Not -to -Exceed amount of $39,600.
For Authorized Additional Services
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 the respective firm.
2) Sub -consultant will be billed 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.
4) If mutually agreeable to OWNER and ENGINEER, a negotiated lump sum
fee will be used.
b. The hourly rate schedule will be adjusted each January 1 st to reflect cost of living
adjustments, limited to a maximum increase of 5% per annum.
Page 31 of 35
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
Parkhill, Smith & Cooper, Inc.
Hourly Rate Schedule
January 1, 2008
Classification Hourly Rate
155.00 PROFESSIONAL LEVEL II 76.00
Intern (Architect) II
Interior Designer II, Intern (Interiors) II
Technologist 11
Resident Project Representative II
Landscape Architect II
132.00
PROFESSIONAL LEVEL 1 69.00
Intern (Architect) 1
Intern (Interiors) I
Technologist I
Resident Project Representative 1
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
Engineer I/II, III
Architect III, Intern (Architect) III
Landscape Architect III
Intern (Landscape Architect) III
Interior Designer III
Technologist III
Resident Project Representative III
Expenses
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
85.00 SUPPORT STAFF I
Architectural Student
Engineering Student
Interiors Student
Landscape Architecture Student
Accounting Clerk Trainee
CADD Trainee
Clerical Trainee
-M
34.00
Reimbursement for expenses, as listed below, incurred in connection with the Additional Services, will be at cost plus ten percent for
items such as:
1. Maps, photographs, postage, toll telephone, reproductions, printing, equipment rental, and special supplies related to the services.
2. Rented vehicles, local public transportation and taxis, travel, and subsistence.
3. Special or job specific fees, insurance, permits, and licenses applicable to the work services.
4. Outside computer processing, computation, and proprietary programs purchased for the services.
Rate for professional staff for legal proceedings or as expert witnesses will be a rate one and one-half times the Hourly Rates specified
above.
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.
Q:ICITYAT,RICHARD\Professiona]ServicesAgreement PSC-Water.06I708.doc
Subconsultant
Freese L Nichols, Inc.
Hourly Rate Schedule
Position
PRINICIPAL
GROUP MANAGER
ENGINEER Vill
ENGINEER Vii
ENGINEER VI
ENGINEER V
ENGINEER IV
ENGINEER III
ENGINEER II
ENGINEER I
ELECTRICAL ENGINEER VI
ELECTRICAL ENGINEER V
ELECTRICAL ENGINEER IV
ELECTRICAL ENGINEER III
ELECTRICAL ENGINEER II
ELECTRICAL ENGINEER I
MECHANICAL ENGINEER VI
MECHANICAL ENGINEER V
MECHANICAL ENGINEER IV
MECHANICAL ENGINEER III
DISCIPLINE LEADER I
PROGRAM MANAGER 11
PROGRAM ADMINISTRATOR
CONSTRUCTION CONTRACT ADMIN III
CONSTRUCTION CONTRACT ADMIN II
CONSTRUCTION CONTRACT ADMIN I
DOCUMENT CONTROL CLERK
SR DESIGNER
DESIGNER II
DESIGNER I
CADD DESIGNER
ENGINEERING TECHNOLOGIST I
TECHNICIAN IV
TECHNICIAN III
TECHNICIAN 11
TECHNICIAN I
GIS COORDINATOR
GIS ANALYST IV
GIS ANALYST III
GIS ANALYST II
IS ANALYST 1
VISUALIZATION COORDINATOR
Min
205.88
167.74
239.21
187.33
164.55
147.3
118.13
110.93
103.05
91.24
164.19
146.55
128.9
96.61
95.69
90.16
158.61
141.33
124.06
100.53
132.89
161.51
140.47
121.88
87.49
82.2
67.19
138.78
141.19
98.53
134.51
68.95
94.88
79.8
69.08
40.13
105.16
91.04
81.12
69.19
53.23
128.30
Max
404.38
263.55
275.51
242.43
234.68
171.79
157.65
136.84
135.26
109.13
212.48
189.65
166.82
125.03
123.83
116.68
205.26
182.9
160.55
130.1
171.97
209.01
181.79
184.35
178.13
120.83
86.96
179.6
150.15
127.5
145.39
89.22
120.86
106.5
85.31
70.8
136.08
117.81
104.98
95.36
68.89
166.03
Q\C�YATnRICHARD\ProfessionalServicesAgreement PSC-Water.06I708.doc
ENVIRONMENTAL SCIENTIST VII
157.95
218.7
ENVIRONMENTAL SCIENTIST VI
137.13
177.46
ENVIRONMENTAL SCIENTIST V
119.2
154.25
ENVIRONMENTAL SCIENTIST IV
113.36
129.08
ENVIRONMENTAL SCIENTIST 111
91.99
120.94
ENVIRONMENTAL SCIENTIST II
68.85
89.1
ENVIRONMENTAL SCIENTIST 1
60.66
78.5
ARCHITECT VI
150
224.1
ARCHITECT V
132.63
171.64
ARCHITECT IV
110.1
142.48
ARCHITECT III
102.32
132.41
ARCHITECT II
84.41
109.23
ARCHITECT 1
78.04
86.48
PLANNER VI
159.19
198.98
PLANNER V
120.68
156.17
PLANNER III
81.41
105.35
PLANNER 1
62.79
81.26
HYDROLOGIST V
129.67
167.81
HYDROLOGIST IV
106.62
137.98
HYDROLOGIST 111
89.09
115.29
HYDROLOGIST II
87.05
112.65
GEOTECHNICAL ENGINEER Vl
172.54
223.29
PUBLIC INVOLVEMENT COORDINATOR
94.35
122.1
WEB SERVICES ADMINISTRATOR
114.37
148.01
WORD PROCESSING/SECRETARIAL
62.4
79.16
OPERATIONS ANALYST
101.85
138.34
CONTRACT ADMINISTRATOR
80.26
103.87
INFORMATION SERVICES ADMINISTRATOR
57.66
74.62
INFORMATION SERVICES CLERK
38.98
50.45
CO-OP
35.63
70.31
Q:\CITYATTMCHARD\ProfessionalSmice Agreement PSC-Water.061708.doc
Schedule of Charges:
The ranges and individual salaries will be adjusted annually. Rate actually charged will be specific to the
personnel activity involved in the project.
RATES FOR INHOUSE SERVICES
Computer and CAD Calcomp Plotter
PC CAD Stations $10.00 per hr Bond $2.50 per plot
Other $5.00 per plot
Color $5.75 per plot
Print Shop
Color Copies and Printing $0.50 per single side copy
$1.00 per double side copy
Black and White Copies and Printing $0.10 per single side copy
$0.20 per double side copy
Binding $5.75 per book
Testing Apparatus
Density Meter $700.00 per month
Gas Detection $20.00 per test
OTHER REIMBURSABLE EXPENSES
Other authorized reimbursable expenses are reimbursed at actual cost times a multiplier of 1,10. They include outside printing and
reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth, and other miscellaneous
expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent
person other than staff members.
Richard/ProfessionalServicesAgreement PSC-Water 061708
Q:\CITYATRICHARD\ProfessionalServicesAgreement PSC-Watm061709,doc