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HomeMy WebLinkAboutResolution - 2016-R0152 - Lockwood Andrews & Newnam, Inc. - 04_28_2016Resolution No. 2016-RO152 Item No. 6.13 April 28, 2016 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 Lockwood, Andrews & Newnam. Inc., for Canyon Lakes Sanitary Interceptor Rehabilitation Phase 1 and IA -Construction Phase Services, and Phase IA and 2-Design and Bid Phase Services, 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. Passed by the City Council this April 29 , 2016. ATTEST: 1 Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Woo4 Ffar*lin, P.E., Director of Public Works APPROVED AS TO FORM: oily L s, Dep o Res-PSAgreement-Lockwood, Andrews & Newnam, Inc. 4.11.16 Resolution No. 2016-RO152 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This contract, (the "Contract" or "Agreement"), effective as of the2-8th day of April 2016 (the "Effective Date"), is by and between the City of Lubbock, (the "CITY"), a Texas home rule municipal corporation, and Lockwood, Andrews & Newnam, Inc. ("ENGINEER") a Texas professional corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, the CITY desires to obtain professional engineering services related to the Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Phase 1 and 1A — Construction Phase Services and Phase 1A and 2 — Design and Bid Phase Services; (the "Activities"); and WHEREAS, ENGINEER has a professional staff experienced and is qualified to provide professional engineering services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by CITY and ENGINEER to be a fair and reasonable price; and WHEREAS, the CITY desires to contract with ENGINEER to provide professional engineering services related to the Activities and ENGINEER desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the CITY and ENGINEER hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of 500 days, as set forth in Exhibit "A", attached to and made a part of this Agreement for all purposes. If the Engineer determines that additional time is required to complete the Services, the City Manager, or her designee, may execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this agreement resulting in any increase in the amount of the consideration must be approved by the City acting through its governing body. ARTICLE II. SERVICES AND COMPENSATION LAN, Inc. Professional Agreement Page 1 of 9 A. ENGINEER shall conduct all activities and within such timeframes as set forth on Exhibit "A", attached hereto (the "Services") B. ENGINEER shall receive as consideration to be paid for the performance of the Services set forth in Basic Services Tasks 1 through 8 based on hourly and unit rates, not to exceed $660,540, per Exhibit "B". ARTICLE III. TERMINATION A. General. CITY may terminate this Contract, for any reason or convenience, upon thirty (30) days written notice to ENGINEER. In the event this Agreement is so terminated, the CITY shall only pay ENGINEER for services actually performed by ENGINEER up to the date ENGINEER is deemed to have received notice of termination as provided herein. B. Termination and Remedies. In the event ENGINEER breaches any term and/or provision of this Contract the CITY shall be entitled to exercise any right or remedy available to it by this Contract, at law or equity, including without limitation, termination of this Contract and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. ARTICLE IV. NON -ARBITRATION The CITY reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the CITY shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, the former shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. ENGINEER is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. ENGINEER has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of ENGINEER. This Contract constitutes legal, valid, and binding obligations of the ENGINEER and is enforceable in accordance with the terms thereof. LAN, Inc. Professional Agreement Page 2 of 9 D. Engineer. ENGINEER maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. ENGINEER will and shall conduct all activities contemplated by this Contract in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional engineering services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional engineering services, as contemplated hereby. F. Use of Copyrighted Material. ENGINEER warrants that any materials provided by ENGINEER for use by CITY pursuant to this Contract shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation or ordinance relating to the use or reproduction of materials. ENGINEER shall be solely responsible for ensuring that any materials provided by ENGINEER pursuant to this Contract satisfy this requirement and ENGINEER agrees to indemnify and hold CITY harmless from all liability or loss caused to CITY or by to which CITY is exposed on account of ENGINEER's failure to perform this duty. ARTICLE VI. SCOPE OF WORK ENGINEER shall accomplish the following: Professional Engineering Services related to the Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Phase 1 and 1A — Construction Phase Services and Phase 1A and 2 — Design and Bid Phase Services; (the "Activities"), as defined in Exhibit "A," "Scope of Services". ARTICLE VII. INDEPENDENT CONTRACTOR STATUS ENGINEER and CITY agree that ENGINEER shall perform the duties under this Contract as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. ENGINEER has the sole discretion to determine the manner in which the services are to be performed. During the performance of the Services under this Agreement, ENGINEER and ENGINEER's employees and/or subconsultants, will not be considered, for any purpose, employees or agents of the CITY within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE Vill. INSURANCE LAN, Inc. Professional Agreement Page 3 of 9 ENGINEER shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, 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, and shall cause each approved subcontractor or subconsultant of ENGINEER to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability, and automobile liability coverage for non -owned and hired vehicles 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. All policies will be written on per occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: $1,000,000 Per Occurrence ENGINEER shall further cause any approved subcontractor or subconsultant to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for ENGINEER, protecting CITY against direct losses caused by the professional negligence of the approved subcontractor or subconsultant. The CITY shall be listed as a primary and noncontributory 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 LAN, Inc. Professional Agreement Page 4 of 9 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. 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. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained, at ENGINEER's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Contract and the discovery period (possibly through tail coverage) shall be no less than ten (10) years after the completion of work specified in this Contract. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS ENGINEER may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Subconsultant"), to perform certain duties of ENGINEER, as set forth on Exhibit "A", attached hereto, under this Contract, provided that CITY approves the retaining of Subconsultants. ENGINEER is at all times responsible to CITY to perform the Services as provided in this Agreement and ENGINEER is in no event relieved of any obligation under this Contract upon retainage of any approved Subconsultant. Any agent and/or Subconsultant retained and/or employed by ENGINEER shall be required to carry, for the protection and benefit of the CITY and ENGINEER and naming said third parties as additional insureds, insurance as described above in this Contract. ARTICLE X. CONFIDENTIALITY ENGINEER shall retain all information received from or concerning the CITY and the CITY's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the CITY, unless otherwise required by law. ARTICLE XI. INDEMNITY 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, COSTS, LIABILITIES AND EXPENSES, AND INCLUDING REASONABLE ATTORNEY'S FEES, TO THE EXTENT CAUSED BY THE ENGINEER'S NEGLIGENT ACTS, ERRORS, OR OMISSIONS FOR WHICH THE ENGINEER IS FOUND TO BE LEGALLY LIABLE. LAN, Inc. Professional Agreement Page 5 of 9 THE INDEMNITY PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS ENGINEER shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from ENGINEER to CITY or CITY to ENGINEER is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Engineer's Address. ENGINEER's address and numbers for the purposes of notice are: Lockwood, Andrews & Newnam, Inc. Attn: Drew Hardin, P.E. 8911 N. Capital of Texas Hwy Building 2, Suite 2300 Austin, Texas 78759 Telephone: (512) 338-4212 Facsimile: (512) 338-4942 C. City's Address. CITY's address and numbers for the purposes of notice are: City of Lubbock Attn: John Turpin, P.E. P. O. Box 2000 Lubbock, Texas 79408 1625 13th Street Lubbock, Texas 79401 Telephone: (806) 775 — 2342 Facsimile: (806) 775 - 3344 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. LAN, Inc. Professional Agreement Page 6 of 9 ARTICLE XIV. CITY -PROVIDED DATA CITY shall furnish ENGINEER non -confidential studies, reports and other available data in the possession of the CITY pertinent to ENGINEER's Services, so long as CITY is entitled to rely on such studies, reports and other data for the performance of ENGINEER's Services under this Contract (the "Provided Data"). ENGINEER shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. ENGINEER shall provide access to its corporate books and records to the CITY. The CITY may audit, at its expense and during normal business hours, ENGINEER's books and records with respect to this Contract between ENGINEER and CITY. C. Records. ENGINEER shall maintain records that are necessary to substantiate the services provided by ENGINEER. D. Assignability. ENGINEER may not assign this Contract without the prior written approval of the CITY. E. Successor and Assigns. This Contract binds and inures to the benefit of the CITY and ENGINEER, and in the case of CITY, its respective successors, legal representatives, and assigns, and in the case of ENGINEER, its permitted successors and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS CONTRACT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. LAN, Inc. Professional Agreement Page 7 of 9 H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly authorized and executed by ENGINEER and CITY. I. Entire Agreement. This Contract, including Exhibits "A," attached hereto, contains the entire Contract between the CITY and ENGINEER, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between ENGINEER and the CITY. K. Documents Owned by CITY. 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 Article II, above. The ENGINEER shall make copies of any and all work products for its files. The City acknowledges that such work product is exclusively for the project and shall not be used on extensions of this project or on any other project without the express written consent or adaptation by ENGINEER. L. Notice of Waiver. 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. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than CITY and ENGINEER. N. Non -Appropriation. All funds for payment by the City under this Contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Contract, the City will terminate the Contract, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by this Contract is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Contract, cancellation shall be accepted by the ENGINEER on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Contract beyond the Non -Appropriation Date. LAN, Inc. Professional Agreement Page 8 of 9 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK Glen C. Robertson, Mayor ATTEST: '�') , ,, , -X Reb tcca Garza, City Secretary APPROVED AS TO CONTENT: Michael G. Keenum, P.E., City Engineer es Engineer APPROVED AS TO FORM: A Deputy C A ney LOCKWOOD, ANDREWS & NEWNAM, INC. Name: Drew P. Hardin, P.E. Title: Vice President LAN, Inc. Professional Agreement Page 9 of 9 Lockwood, Andrews L & Newnam, Inc. A LEO A DALY COMPANY Exhibit A Scope of Services This Exhibit A is part of the Agreement between Lockwood, Andrews & Newnam, Inc. (LAN) (the "Engineer") and the City of Lubbock (the "City") for a Project generally described as: Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Phase 1 and Phase 1A — Construction Phase Services, Phase 1A and Phase 2 — Design & Bid Phase Services The purpose of this Agreement is as follows: The scope of work contained herein is for engineering services related to the Canyon Lakes Sanitary Sewer Interceptor Rehabilitation improvements. This project consists of the following services: • Phase 11 Metallic Pipe Replacement and Appurtenances —This agreement includes Construction Phase Services (CPS) including construction administration, Resident Project Representative (RPR) services, and construction material testing for the already bid Phase 1 construction package. • Phase 1A I CCTV and Cleaning of Pipeline Segments: This agreement includes Construction Phase Services (CPS) including construction administration, Resident Project Representative (RPR) services, and construction material testing for a Phase 1A construction package that includes cleaning and closed circuit television inspection of portions of the Canyon Lakes sanitary sewer interceptor that were unable to be fully inspected in previous work. The scope here provided includes these services under the overriding assumption that Phase 1A construction is completed at some point during the construction of Phase 1. • Phase 1A I CCTV and Cleaning of Pipeline Segments: This agreement includes Final Design and Bid Phase services for a Phase 1A construction package that includes cleaning and closed circuit television inspection of portions of the Canyon Lakes sanitary sewer interceptor that were unable to be fully inspected in previous work. • Phase 2 1 Aerial Pipeline Segments and Pipeline Rehabilitation: This agreement includes Preliminary Design, Final Design, and Bid Phase services for a Phase 2 construction package that includes rehabilitation of existing aerial crossings, manhole rehabilitation, and rehabilitation of other portions of the existing Canyon Lakes sanitary sewer interceptor previously identified as requiring improvement. The ENGINEER agrees to furnish the CITY with the following specific services: Exhibit A 1 of 16 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services BASIC ENGINEERING SERVICES Task 1: Project Management & Coordination 1.1. Conduct monthly status calls with CITY. 1.2. Internal coordination meeting and overall project management. 1.3. Meetings with CITY — assumed 2 in addition to kickoff meeting and planned workshops. 1.4. Project Invoicing. Task 2: Preliminary Design (60%) For purposes of scoping design phase services, the following specific improvements are assumed: • Replacement of three (3) aerial pipeline segments and supports on the CLI. Approximate length is 850 LF (aerial portion only). • Replacement of seven (7) segments of aerial pipeline segments and supports on the Downtown 1 (DT-1) and 2 (DT-2) Interceptors. Approximate length is 750 LF (aerial portion only). • Ten (10) separate pipeline point repairs using trenchless methods on CLI. • Repair of joints to eliminate infiltration. • Rehabilitation of 81 existing manholes on CLI. • Replacement and/or addition of 30 new manholes on CLI. • Specification to clean and CCTV entire CLI following construction of Bid Package 2 - approximately 43,600 LF. 2.1. Preliminary Design Documents. Prepare the Phase 2 Preliminary Design package including the following: a. Cover Sheet, Overall Layout, and General Notes b. Plan and profile sheets for both pipeline rehabilitation sections, point repairs segments, and replacements segments c. Structural sheets for aerial crossing supports including General Notes, Typical Concrete Saddle and Concrete Bent Details, Typical Shallow Spread Footing and Drilled Pier Details, and Typical Bent Details d. Special detail sheets for manhole rehabilitation, manhole replacement and new manholes on the existing interceptor e. Standard detail sheets f. Erosion control plans and standard erosion details g. Access Plan (only as required) h. Limited traffic control plan and standard details Includes one (1) site visit. Exhibit A 2 of 16 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services 2.2. Specifications - Prepare and submit five (5) copies of the table of contents for the anticipated project manual along with draft version(s) of any anticipated special specifications for review by the CITY. The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications, if required. 2.3. Opinion of Probable Construction Cost - Prepare an Opinion of Probable Construction Cost and submit with Preliminary Design Documents. ENGINEER has no control over construction pricing and makes no warranty or guarantee of accuracy in opinions of probable construction cost offered. 2.4. Conduct two (1) Plan Review Meeting (Phase 2 Bid Package) with City to receive comments on Preliminary Design Documents. Deliverables: a. Preliminary Design Drawings (five (5) half size) for each bid package b. Preliminary specifications (five (5) sets) for each bid package c. Opinion of probable construction cost estimate for each bid package. Task 3: Final Design (90 & 100%) Upon approval of Preliminary Design Documents, prepare up to two (2) separate FINAL Bid Packages (Phase 1A & 2) including the following: 3.1. Draft Design Documents (90%). Prepare and submit one (1) full size and four (4) half size Draft Final plans (90%) and five (5) sets of specifications for CITY review. 3.2. Final Design Documents (100%). Following a 90% design document review meeting with the CITY, prepare and submit five (5) sets of Final Design Documents (100%) to the CITY. Submittal shall include two (2) 22" x 34" plan sets, three (3) 11" x 17" plan sets and an electronic pdf set, including specifications. Each plan sheet shall be sealed, dated, and signed by the ENGINEER registered in State of Texas. 3.3. Prepare and submit a final design Opinion of Probable Construction Cost with both the 90% and 100% design packages. This estimate shall use standard CITY bid items, if available. 3.4. Conduct two (2) Plan Review Meetings (Phase 1A & 2) with City after 90% submittal to receive comments on 90% Final Design Documents Deliverables: a. 90% Construction Documents (one (1) full size, five (5) half size) — 2 Bid packages b. 100% Construction Documents (two (2) full size, three (3) half size) — 2 Bid/packages c. Opinion of probable construction cost estimate for each Bid Package —90% & 100%. Exhibit A 3 of 16 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services Task 4: Surveying 4.1. Topographic survey. Includes supplemental cross sections along the existing sewer line as indicated by LAN and necessary to complete Phase 2 design. Horizontal datum will be relative to the Texas Coordinate System of 1983 (2011) Epoch 2010.0; Vertical datum will be relative to NAVD88 (Geoid 12A) 4.2 Easement Survey & Documents — Includes monumented easement corridors as specified by LAN (approximately 1 locations/easements). Deliverables a. Electronic drawing in AutoCAD compatible with Version 2013 showing elevation points, visible improvements and visible utilities within the cross section corridor utilizing layer template provided by LAN b. A comma delimited ASCII text file of all points obtained in the following format: POINT #, Northing, Easting, Elevation, Description c. Hard copy signed/sealed plat(s) of cross section surveys d. Signed/sealed plats and descriptions of the easements. One (1) PDF file and three (3) prints of each drawing. e. Separate metes and bounds descriptions of easement surveys for COL Exhibit attachment. Task 5: Bid Phase Services —Phase 1A &2 ENGINEER will provide support for two separate bid events associated with Bid Package 1A and 2 of the project. Services for each bid will include: 5.1. The ENGINEER shall provide plans, specifications and Notice to Bidders in .PDF format to the CITY's third party bidding service. 5.2. Receive and answer bidders' questions and requests for additional information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders' questions and requests, in the form of an addendum. The ENGINEER shall create and issue one addendum to all plan holders. 5.3. Prepare for, attend and conduct Pre -Bid meeting. 5.4. If the RFP process is used, assist the CITY in evaluating and ranking the submitted proposals. 5.5. Prepare tabulation of bids, and prepare a letter summarizing the bids to the CITY for award of contract. 5.6. Prepare ten (10) sets of the contract documents for execution by the Contractor, receive and review such documents for completeness, and forward to the CITY for review and execution. Exhibit A 4 of 16 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services Task 6: Construction Administration — Phase 1 & 1A 6.1. Project Management a. Project Work Plan: Prepare a project work plan (for internal use but available to the City for review upon request) providing sufficient detail for all project team members concerning project scope, deliverables, schedules, budgets, and communication protocol to ensure timely, effective, and consistent performance of ENGINEER throughout PROJECT. b. Kickoff Meeting: Support CITY in preparing an agenda for two (2) (Phase 1 and Phase 1A) kickoff meetings prior to the start of construction. Attend kickoff meetings and participate in discussion related to design, scope, permitting, and other construction related topics in support of CITY. Review minutes of the meetings (to be prepared by others) and provide comments in a timely manner for project record. EXCLUSIONS & CLARIFICATIONS: Meeting dates, times, and locations to be determined by others but mutually agreeable to ENGINEER and CITY. Meeting facilities, handouts, and/or other materials necessary to facilitate discussion to be provided by others. c. Status Calls: As necessary throughout PROJECT, schedule, prepare for, and conduct status meetings via teleconference with CITY to provide adequate updates with regard to status, schedule, deliverables, and other related items. d. Internal Coordination: As necessary throughout PROJECT, schedule, prepare for, and conduct internal project team meetings with team members to review project status, scope, and deliverables in accordance with the contract and project work plan. e. Invoicing: Prepare and submit to CITY invoices for all services rendered on a monthly basis in accordance with payment and invoicing terms of the contract. 6.2. General Administration a. Consult with and advise CITY and act as CITY's representative as provided in the Standard General Conditions. b. Extent and limitations of the duties, responsibilities, and authority of ENGINEER and CITY as assigned in said Standard General Conditions shall not be modified except as ENGINEER may otherwise agree in writing. All of CITY's instructions to CONTRACTOR will be issued through ENGINEER who shall have authority to act on behalf of CITY in dealings with CONTRACTOR to the extent provided in this Agreement and said Standard General Conditions except as otherwise provided in writing by CITY. Exhibit A 5 of 16 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services 6.3. Visits to Site a. Schedule, coordinate, and complete visits to the PROJECT during construction. Conduct visits on a monthly basis, providing no more than twelve (12) visits total during the PROJECT (inclusive of both Phase 1 and Phase 1A). b. Site visits provided are to observe the progress and quality of the various aspects of CONTRACTOR's work as an experienced and qualified design professional. EXCLUSIONS & CLARIFICATIONS: All Phase 1 and Phase 1A meetings to be conducted concurrently. 6.4. Clarifications & Interpretations a. Prepare and issue up to ten (10) clarifications and interpretations of/to the Contract Documents as appropriate to support the orderly completion of the PROJECT. b. Clarifications and interpretations shall be consistent with the intent of and reasonably inferable from the Contract Documents. ENGINEER may issue field orders authorizing minor variations from the requirements of the Contract Documents. 6.5. Change Orders & Work Directives a. Recommend change orders and/or work change directives to CITY as appropriate and prepare up to five (5) change orders and/or work change directives for issuance to CONTRACTOR as required. 6.6. Shop Drawings a. Review and respond to (with approval or other appropriate action) shop drawings, samples, and/or other data that CONTRACTOR is required to submit for conformance with information given in the Contract Documents and compatibility with the design concept of the completed PROJECT as a functioning whole as indicated in the Contract Documents. b. Review and response/approval or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incidental thereto. 6.7. Substitutes a. Evaluate, determine, and advise CITY on the acceptability of up to six (6) substitutes or "or - equal" materials and equipment proposed by CONTRACTOR. b. Final responsibility for all materials and equipment shall remain with CONTRACTOR. Exhibit A 6 of 16 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services 6.8. Inspections & Tests a. Coordinate with CONTRACTOR and CITY to schedule inspections and/or tests of specialized equipment, materials, or other PROJECT components. Attend up to six (6) separate inspections and/or tests as representative of the CITY. b. Receive and review all certificates of inspections, tests and approvals required by laws, rules, regulations, ordinances, codes, orders and/or the Contract Documents. Review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests or approvals comply with the requirements of the Contract Documents. c. ENGINEER shall be entitled to rely on the results of such tests. 6.9. Disagreements between ENGINEER & CONTRACTOR a. Evaluate and render up to five (5) initial decisions on all claims of CITY and CONTRACTOR relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. b. In rendering such decisions, ENGINEER shall be fair and not show partiality to CITY or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 6.10. Applications for Payment a. Determine amounts owing to CONTRACTOR and recommend in writing up to ten (10) payments to Phase 1 CONTRACTOR and three (3) payments to Phase 1A CONTRACTOR in such amounts based on periodic on -site observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying data and schedules. b. Such recommendations for payment will constitute ENGINEER's representation to CLIENT, based on such observations and review that, to the best of ENGINEER's knowledge, information, and belief, the work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the work. Exhibit A 7 of 16 Canyon Lakes Sewer Interceptor Rehabilitation J Phase 2 Scope of Services c. In the case of unit price work, ENGINEER's recommendations for payment will include final determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by Contract Documents). d. By recommending any payment ENGINEER shall not thereby be deemed to have represented that on -site observations made by ENGINEER to check the quality or quantity of CONTRACTOR's work as it is performed and furnished have been exhaustive, extended to every aspect of the work in progress, or involved detailed inspections of the work beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents. Neither ENGINEER's review of CONTRACTOR's work for the purposes of recommending payments nor ENGINEER's recommendation of any payment (including final payment) will impose on ENGINEER responsibility to supervise, direct, or control such work or for the means, methods, techniques, sequences or procedures of construction or safety precautions or programs incident thereto, or CONTRACTOR's compliance with laws, rules, regulations, ordinances, codes or orders applicable to CONTRACTOR's furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to CLIENT free and clear of any liens, claims, security interests or encumbrances, or that there may not be other matters at issue between CITY and CONTRACTOR that might affect the amount that should be paid. 6.11. CONTRACTOR's Completion Documents a. Receive and review maintenance and operating instructions; schedules, guarantees, bonds, certificates, or other evidence of insurance required by the Contract Documents; certificates of inspection, tests, and approvals; and marked -up record documents (including Shop Drawings approved or reviewed in accordance with this Agreement) or Drawings. b. Documents referenced, are to be assembled by CONTRACTOR in accordance with the Contract Documents to obtain final payment and the extent of ENGINEER review(s) will be in accordance with the terms of this Agreement. c. Upon review, transmit documents received with written comments to CITY. d. Compile as-built/for record drawings and transmit to CITY, showing all final, as -built conditions based on markups, redlines, and comment provided by CONTRACTOR through PROJECT. 6.12. Substantial Completion a. Following notice from CONTRACTOR that CONTRACTOR considers the entire PROJECT ready for its intended use, conduct a single inspection (accompanied by CONTRACTOR and CITY) to determine if PROJECT is substantially complete Exhibit A 8 of 16 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services b. If, after considering any objections of CITY, ENGINEER considers PROJECT substantially complete, deliver a separate certificate of Substantial Completion to CITY and CONTRACTOR. c. Identify in writing and transmit to CITY and CONTRACTOR any work considered to be incomplete. 6.13. Final Notice of Acceptability of the Work a. Conduct a final inspection of PROJECT for each contract to determine if completed work of CONTRACTOR is acceptable. b. If, after considering any objections of the CITY, ENGINEER considers PROJECT completed, recommend, in writing, final payment to CONTRACTOR. c. Accompanying the recommendation for final payment, provide a notice that the work is acceptable to the best of ENGINEER's knowledge, information, and belief and based on the extent of services performed and furnished by ENGINEER under this Agreement. EXCLUSIONS & CLARIFICATIONS: ENGINEER shall not be responsible for acts or omissions of any CONTRACTOR or of any subcontractor, supplier, or of any other person or organization performing or furnishing any of the work for the PROJECT. ENGINEER shall not be responsible for CONTRACTOR's failure to perform or furnish the work in accordance with Contract Documents. Task 7: Resident Project Representative The purpose of Resident Project Representative (RPR) at the PROJECT will be to: • Enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase; • By the exercise of ENGINEER's efforts as an experienced and qualified design professional, to provide for CITY a greater degree of confidence that the completed work of CONTRACTOR will conform in general to the Contract Documents; and, • By the exercise of ENGINEER's efforts as an experienced and qualified design professional, to provide for CITY a greater degree of confidence that the integrity of the design concept of the completed PROJECT as a functioning whole as indicated in the Contract Documents has been implemented and preserved by CONTRACTOR. ENGINEER shall not, during such PROJECT site visits or as a result of such observations of CONTRACTOR's work in progress, supervise, direct or have control over CONTRACTOR's work. Nor shall ENGINEER have authority over or responsibility for: • The means, methods, techniques, sequences, or procedures of construction selected by CONTRACTOR; • Safety precautions and programs incident to the work of CONTRACTOR; or Exhibit A 9 of 16 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services • Any failure of CONTRACTOR to comply with laws, rules, regulations, ordinances, codes, or orders applicable to CONTRACTOR's furnishing and performing the work. Accordingly, ENGINEER neither guarantees the performance of any CONTRACTOR nor assumes responsibility for any CONTRACTOR's failure to furnish and perform its work in accordance with the Contract Documents. Services provided by Resident Project Representative (RPR) include the following: 7.1. Observation of Work a. Provide the services of a full-time Resident Project Representative (RPR) at the site to assist ENGINEER and to provide more continuous observations of such work for a period of 12 months. This assumes that Phase 1 and Phase 1A will be performed concurrently. b. Furnishing of such services will not extend ENGINEER's responsibilities or authority beyond the specific limits set forth elsewhere in this Agreement. c. Visits and observations by ENGINEER and RPR are not intended to be exhaustive or to extend to every aspect of the work in progress or to involve detailed inspections of PROJECT beyond responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents, but rather are to be limited to periodic observation, spot checking, selective sampling, and/or similar methods of general observation of the work based on ENGINEER's exercise of professional judgment as assisted by the RPR. d. Based on information obtained during visits and observations, ENGINEER shall determine in general if such work is proceeding in accordance with the Contract Documents and shall keep CITY informed of PROJECT progress. e. Responsibilities of ENGINEER contained in this paragraph are expressly subject to express or general limitations in this Agreement. f. Defective Work: During visits and on the basis of observations, ENGINEER and/or RPR shall have authority to disapprove of or reject CONTRACTOR's work while it is in progress if ENGINEER believes that such work will not produce a completed PROJECT that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed PROJECT as a functioning whole as indicated in the Contract Documents. 7.2. Schedules a. Review the progress schedule, schedule of shop drawings and submittals, and any other schedules prepared by CONTRACTOR and provide written comments to CITY as appropriate throughout PROJECT. Exhibit A 10 of 16 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services 7.3. Conferences and Meetings a. Attend kickoff/pre-construction meeting, monthly progress meetings, and up to four (4) specific PROJECT element review meetings for specialized equipment or installation with CONTRACTOR. b. Prepare and circulate copies of minutes to, at minimum, all meeting attendees and CITY. EXCLUSIONS & CLARIFICATIONS: Meeting dates, times, and locations to be determined by others but mutually agreeable to ENGINEER, RPR, and CITY. Meeting facilities, handouts, and/or other materials necessary to facilitate discussion to be provided by others. 7.4. Liaison a. Serve as ENGINEER's liaison with CONTRACTOR (working principally through CONTRACTOR's superintendent) and assist in providing information regarding the intent of the Contract Documents. b. Assist ENGINEER in serving as CITY's liaison with CONTRACTOR when CONTRACTOR's operations affect CITY's on -site operations. c. Assist in obtaining from CITY additional details or information when required for proper execution of PROJECT. 7.5. Interpretation of Contract Documents a. Report to ENGINEER when clarifications and interpretations of Contract Documents are needed. b. Transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7.6. Shop Drawings and Submittals a. Maintain shop drawing and submittal record log, available for review by CITY at any time. b. Advise ENGINEER and CONTRACTOR of commencement of any portion of PROJECT requiring a shop drawing or submittal for which RPR believes the submittal has not been approved by ENGINEER. Failure on the part of the RPR to provide notification to CONTRACTOR shall in no way relieve CONTRACTOR of his responsibilities to identify, prepare, and submit shop drawings and/or submittals in a timely manner for the proper execution of PROJECT nor shall failure on the part of the RPR to provide notification serve as justification for any time extension. Exhibit A 11 of 16 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services 7.7. Modifications a. Consider and evaluate CONTRACTOR's suggestions for modifications to the Contract Documents and report such suggestions, together with RPR's recommendations, to ENGINEER. b. Transmit to CONTRACTOR, in writing, decisions as issued by ENGINEER. 7.8. Review of Work a. Conduct on -site observations of CONTRACTOR's work in progress to assist ENGINEER in determining if work is, in general, proceeding in accordance with Contract Documents. b. Report to ENGINEER whenever RPR believes that any part of CONTRACTOR's work in progress will not produce a complete project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed PROJECT as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test, or approval required to be made c. Advise ENGINEER of that part of work in progress that RPR believes should be corrected, rejected, uncovered for observation, or requires special testing, inspection or approval. 7.9. Inspections, Test, and System Start-ups a. Consult with ENGINEER in advance of scheduled major inspections, tests, and systems start- ups of important phases of PROJECT. b. Verify that test, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate CITY personnel and that CONTRACTOR maintains adequate records thereof. c. Observe, record, and report to ENGINEER appropriate details relative to test procedures and systems start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the PROJECT and record results of these inspections, providing a copy of all such reports to ENGINEER and CLIENT. 7.10. Records a. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of Contract Documents, progress reports, shop drawings and submittals received from the delivered to CONTRACTOR, and other specific PROJECT related documents. Exhibit A 12 of 16 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services b. Prepare a daily report or keep a diary or log book recording CONTRACTOR's hours on site, weather conditions, data relative to questions of change orders, field orders, or changed conditions, site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures. Provide copies of all such reports to ENGINEER. c. Record names, addresses, fax numbers, e-mail addresses, web site locations and telephone numbers of CONTRACTOR and all subcontractors and major suppliers of materials and equipment. d. Maintain records for use in preparing project documentation. e. Upon completion of PROJECT, furnish original set of all RPR specific PROJECT documentation to ENGINEER. 7.11. Reports a. Furnish to ENGINEER periodic reports, as required, of progress of PROJECT and of CONTRACTOR's compliance with the progress schedule of shop drawings and submittals. b. Draft and recommend to ENGINEER proposed change orders and field orders. Obtain backup material from CONTRACTOR as required. c. Furnish to ENGINEER and CITY copies of all inspection, test, and system startup reports. d. Immediately notify ENGINEER of the occurrence of any PROJECT accident, emergencies, acts of God endangering the PROJECT, damage to property by fire or other cases, or the discovery of any constituent of concern. 7.12. Payment Requests a. Review applications for payment as submitted by CONTRACTOR for compliance with established procedures for their submission. b. After review, forward applications for payment with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the work completed and materials delivered at the PROJECT site but not incorporated in the work. 7.13. Certificates, Operation and Maintenance Manuals a. During the course of the PROJECT, verify that materials and equipment certificates, operation and maintenance manuals, and other data required by the specifications to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with Contract Documents. b. Have all such documents delivered to ENGINEER for review and forwarding to CITY prior to payment for that part of the PROJECT. Exhibit A 13 of 16 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services 7.14. Completion a. Participate in a final inspection in the company of ENGINEER, CITY, and CONTRACTOR. b. Prepare a final list of items to be completed and deficiencies to be remedied following such inspection. c. Observe whether all items on the final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance and issuance of the notice of acceptability of the work. Task 8: Materials Testing ENGINEER, through a subconsultant of its choosing but subject to approval of CITY, will perform the following laboratory testing of CONTRACTOR's work in accordance with Contract Documents and/or as ENGINEER deems appropriate. Quantities as noted/provided herein are estimates only based on a review of Contract Documents and subsequent estimation of testing requirements. All materials testing performed by the ENGINEER's subconsultant shall be paid on a unit price basis according to fees indicated on Exhibit B plus markup of the ENGINEER as also established in the Agreement. In addition to testing quantities, personnel time to conduct required tests are also approximated below. 8.1. Soils a. Standard proctor (4-inch mold): Approximately 24 b. Atterberg limits: Approximately 40 c. Classification of soils: Approximately 40 8.2. Cement Stablized Sand a. ASTM D 558 (4 specimens): Approximately 35 b. Compressive strength of cement stabilized sand: Approximately 120 8.3. Field Testing a. Nuclear field density (3 minimum per test): Approximately 550 b. Slump: Approximately 10 c. Entrained Air: Approximately 10 d. Temperature: Approximately 10 e. Making cylinders, including breaks (4 minimum per test): Approximately 100 Exhibit A 14 of 16 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services 8.4. Personnel Labor a. Technician (2 hour minimum): Approximately 200 b. Technician overtime: Approximately 40 c. Project management: Approximately 12 d. Administrative/Clerical: Approximately 12 Overtime constitutes any time required for testing outside of the hours between 8:00 am and 5:00 pm Monday through Friday or on any local, state, or federal holiday. ENGINEER, or its subconsultant, may receive and review certificates of inspections within ENGINEER's area of responsibility or tests and approvals required by laws and regulations or the Contract Documents. ENGINEER's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, test, or approvals comply with the requirements of the Contract Documents. ENGINEER shall be entitled to rely on the results of such tests and the facts being certified. Task 9: Assumptions and Exclusions 9.1 Services not included in the Basic Services described herein include: a. Right -of -entry b. Easement acquisition associated with City -owned properties. City to acquire these easements and executed necessary documents. c. Condemnation services. d. Site access design associated with construction including roadway, grading, and drainage design. e. Flow and rainfall monitoring. f. Fees for all permits to be paid directly by City. 9.2 Resident Project Representative shall not: a. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). b. Exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. c. Undertake any of the responsibilities of CONTRACTOR, subcontractors, suppliers, or a CONTRACTOR's superintendent. d. Advise on, issue directions regarding, or assume control over safety practices, precautions and programs in connection with the activities of CITY or CONTRACTOR. e. Participate in specialized field or laboratory test or inspections conducted off -site by others except as specifically authorized by ENGINEER. f. Accept shop drawings or submittals from anyone other than CONTRACTOR. g. Authorize CITY to occupy PROJECT in whole or in part. Exhibit A 15 of 16 Canyon Lakes Sewer Interceptor Rehabilitation I Phase 2 Scope of Services Any work not explicitly enumerated herein shall be considered additional services subject to negotiation and agreement in writing. Task 10: Schedule I Duration of Construction 10.1 Phase 1 and Phase 1A Construction The Construction Phase will commence with the execution of the construction contract for Phase 1 of the PROJECT or any part thereof and will terminate upon written recommendation by ENGINEER of final payment. Anticipated duration for Construction Phase of Phase 1 is 360 calendar days from execution of the construction contract for the PROJECT. All scope provisions herein assume that Phase 1A construction will occur concurrently with Phase 1. 10.2 Phase 1A & Phase 2 ENGINEER is prepared to complete the Design and Bid Phase portion of the project discussed herein in accordance with the attached schedule. The anticipated project duration is 420 calendar days. Exhibit A 16 of 16 Exhibit B This Exhibit B is part of the Agreement, between Lockwood, Andrews & Newnam, Inc. (LAN) (the "Engineer') and the City of Lubbock (the "City') for the Project generally described as: Canyon Lakes Sanitary Interceptor Rehabilitation — Design & Bidding 1. Budget Amount by Scope Item Task for Condition Assessment Phase: BUDGET Task No. Task Name Budget Amount 1 Project Management & Coordination $31,490 2 Preliminary Design (60%) — Phase 2 $63,290 3 Final Design (90% & 100%) — Phase 1A & 2 $86,685 4 Surveying $8,250 5 Bid Phase Services — Phase 1A & 2 $30,165 TOTAL Phase 1A & 2 DESIGN & BID PHASE SERVICES (NOT TO EXCEED) $219,880 6 Construction Administration $163,570 7 Resident Project Representative $216,040 8 Materials Testing $61,050 TOTAL PHASE 1 & 1A CONSTRUCTION (NOT TO EXCEED) $440,660 TOTAL SERVICES (Phase 1A & 2 DESIGN, Phase 1A & 2 BID PHASE, & PHASE 1 & 1A CONSTRUCTION), NOT TO EXCEED) $660,540 2. Terms of Payment Payments to the Engineer will be made as follows: A. The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. B. The Engineer shall issue monthly invoices for all work performed under this Agreement. Invoices are due and payable within 30 days of approved receipt. LAN, Inc. — Exhibit B Canyon Lake Interceptor Rehabilitation — Design C. In the event of disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. D. If the City fails to make payment in full to Engineer for billings contested in good faith within 60 days of the amount due, Engineer may, after giving 7 days' written notice to City, suspend services under this Agreement until paid in full, including interest. In the event of suspension of services, the Engineer shall have no liability to City for delays or damages caused by the City because of such suspension of services. 3. Direct Expenses (Reimbursable) A. Engineer's Reimbursable Expenses, when part of the basis of compensation, are those costs incurred on or directly for the City's Project, including, but not limited to, necessary transportation costs, including Engineer's current rates for Engineer's vehicles; meals and lodging; laboratory tests and analyses; computer services; word processing services; telephone, printing, binding and reproduction changes; all reimbursable costs associated with outside consultants, subconsultants, subcontractors, and other outside services and facilities; and other similar costs. Reimbursement for Reimbursable Expenses will be on the basis of actual charges when furnished by commercial sources and on the basis of current rates when furnished by Engineer. Engineer and subcontractor direct (reimbursable) expenses will be billed at a cost plus a 10 percent surcharge. B. Engineer will be paid on an hourly rate basis, as shown in Item No. 5. Engineer and subcontractor direct (reimbursable) expenses will be billed at cost plus a 10 percent surcharge. C. The Engineer shall keep records on the basis of generally accepted accounting practices of cost and expenses and such records shall be available for inspection by Owner during normal business hours. 4. Not to Exceed Compensation A. The Engineer will perform the services described in Exhibit A at "Not to Exceed" total compensation amount of $660,540, unless the Agreement is amended otherwise by the City Council. The final compensation for the major tasks can be over or under the estimated budget amount per task, as shown in No. 1 above as long as the total "Not to Exceed" amounts are not surpassed. Budget can be transferred between tasks upon approval of City Project Manager. LAN, Inc. — Exhibit B 2 Canyon Lake Interceptor Rehabilitation — Design S. Rate Schedule: Hourly Labor Staff Description Staff Code Billing Rate Principal / Technical Advisor E8/E9 $275 Senior Project Manager E7 $250 Senior Civil Engineer E6 $185 Project Manager E6 $160 Project Engineer E4 $138 Graduate Engineer E1-E3 $115 Resident Project Representative RPR $115 Senior Designer C3-C4 $115 Senior Admin Staff A4 $85 Admin Staff Al-A3 $70 Intern 11 $55 The above fee schedule shall remain in effect for the duration of the project. LAN, Inc. — Exhibit B 3 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-38152 lock Houston, TX United States Date Filed: 04/11/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 12843 Engineering services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Daly, Leo Washington, DC United States X. Daly, Grego Washington, DC United States X. Petersen, Dennis Houston, TX United States X. Cohen, Arnie Austin, TX United States X Vajdani, Sima Los Angeles, CA United States X. 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE "'��1 �^ Sworn to and subscribed before me, by the said�rEU) i 0 T fdl l'� l V1 this the � day of r 20169 to certify which, witness my hand and seal of office. � 00 SUSAN I. NELSON NOTARY KW STATE OF TUAS flT7 �"t oct`�+� 04-17-2017 Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.645