HomeMy WebLinkAboutResolution - 2010-R0138 - Professional Service Agreement: Parkhill, Smith & Cooper, Inc. - 03/25/2010Resolution No. 2010-RO138
March 25, 2010
Item No. 5.14
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Professional Services
Agreement between the City of Lubbock and Parkhill, Smith & Cooper, Inc. to provide
certain professional design and construction management services in connection with
water treatment and terminal storage facilities, and 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
25th day of __, ___March __2010.
TOM MARTIN, MAYOR
ATTES f:
':Q - e - �' � � , _"�:
Rebeka Garza, City Secretary
APPROVLD AS TO CONTENT:
Marsha Reed, P.E., Chief Operating Officer
APPROVED AS TO FORM:
Attorney
Professional Srvs Agrmnt-Parkhill,Smith&Cooper res3 15 10
Resolut'on No. 2010-BA138
Contract: 9483
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into this 25th day of
March , 2010, 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 and construction
management of water treatment and terminal storage 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") for a Not -To -Exceed amount of $ 4,762,500.00. 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.
Page 1 of 40
1.02 Engineer shall commence work upon written notice to proceed by City with other tasks
set forth in Exhibit "A". In the event such notice shall occur after July 1, 2010 the time
for performance by Engineer for such tasks shall be extended the same amount of days as
such notice occurs subsequent to the respective dates. 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 and based on the applicable hourly rate schedule
of the respective firm at the time services are rendered.
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 (3 1) days after its
receipt. If City fails to pay any invoiced amounts when due, interest will accrue on each
unpaid amount at the rate in effect on September 1 of the fiscal year in which the
payment becomes overdue, the rate in effect on September 1 being equal to the sum of (i)
one ( 1 % ); and (ii) the prime rate as 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
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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 is deemed to have
received the City's notice of termination.
2.04 Except for City's payment obligation, neither City nor Engineer shall be considered in
default of this Agreement for delays in performance caused by circumstances beyond the
reasonable control of the non-performing party (herein called a "force majeure event") for
the period of such delay, so long as the affected party exercises due diligence to relieve or
remove such force majeure event. For purposes of this Agreement, such circumstances
include, but are not limited to; unusually severe weather conditions; floods; earthquakes;
fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work
slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to
procure permits, licenses, or authorizations from any local, state, or federal agency for
any of the supplies, materials, accesses, or services required to be provided by either City
or Engineer 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.
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I:1.71mcomm111
Independent Contractor
3.01 It is understood and agreed that Engineer is to perform the Services in a sound and
4.01
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 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
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five (5) days notice of such default is deemed received by the City, exercise any right or
remedy available to it by law, contract, equity or otherwise.
b. Engineer's Defaults/City's Remedies. In the event Engineer shall default in the
performance of any term or provision of this Agreement for any reason other than failure
by the City to perform hereunder, the City may, if said default shall be continuing after
five (5) days notice of such default is deemed received by Engineer, exercise any right or
remedy available to it by law, contract, equity or otherwise, including without limitation,
specific performance and/or the right to terminate this Agreement without additional
notice. The remedies set forth herein are cumulative and not exclusive, and may be
exercised concurrently.
ARTICLE V
Insurance/Indemnity
5.01 a. Insurance. Engineer shall procure and carry, at its sole cost and expense through the
life of this Agreement and for a period not to exceed 3 years following the termination or
expiration 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
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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 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.
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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, 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 for a period not to exceed three years.
Page 7 of 40
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 (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
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United States mail, as set forth above.
For City:
Marsha Reed, P.E., Chief Operating Officer
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 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.
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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 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
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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 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
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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.
7.16 The authority to act as Owner representative, as contemplated herein, is hereby delegated
by the City Council of the City to the Director of Water Utilities, or his designee.
ARTICLE VIII
Definitions
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.
Page 12 of 40
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.
S. 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 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
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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.
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, PCB's,
Petroleum, Hazardous Waste, or Radioactive Materials in such quantities or circumstances
that may present a substantial danger to persons or property exposed thereto in connection
with the Work.
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.
Page 14 of 40
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.
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.
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IN WITNESS WHEREOF, the parties have executed this Agreement by their duly
authorized representatives as of the date first written above.
PARKHILL, SMITH & COOPER, INC.
(kjA�4-'
JOHN A. KELLEY, P.E., FOCM PRINCIPAL
CITY OF LUBBOCK
T09 MARTIN, MAYOR
ATTEST:
Rebecc arza, City Secretary
APPROVED AS TO CONTENT:
Marsha Reed, Of., Chief Opera ing Officer
APPROVED • N4
/7% MIT
Page 16 of 40
Resolution No. 2010—RO138
EXHIBIT A, Part 1 -- BASIC SERVICES
LAKE ALAN HENRY WATER TREATMENT PLANT
AND TERMINAL STORAGE RESERVOIR
Construction Phase Services
Upon completion of the bid or negotiation phase services, ENGINEER will proceed with the
performance of construction phase services as described below. The fee for the listed services
was developed assuming a Notice to Proceed with construction approximately April 15, 2010 and
with the following contract duration (in calendar days):
Notice to Proceed to Project Substantial Completion 850 days (28 months)
Project Substantial Completion to Final Completion 90 days (3 months)
Warranty Period Assistance 730 days (24 months)
Any changes to the schedule may cause the ENGINEER to request an adjustment to the fee.
ENGINEER will endeavor to protect OWNER in providing these services however, it is
understood that ENGINEER does not guarantee the Contractor's performance, nor is ENGINEER
responsible for supervision of the Contractor's operation and employees. ENGINEER shall not
be responsible for the means, methods, techniques, sequences or procedures of construction
selected by the Contractor, or any safety precautions and programs relating in any way to the
condition of the premises, the work of the Contractor or any Subcontractor. ENGINEER shall not
be responsible for the acts or omissions of any person (except its own employees or agents) at the
Project site or otherwise performing any of the work of the Project. Upon written authorization
from OWNER, ENGINEER shall:
1. General Administration of Construction Contract. Consult with OWNER and act as
OWNER's representative as provided in the General Conditions.
2. Communications. Establish communication procedures with the OWNER and contractor.
Submit monthly reports of construction progress. Reports will describe construction progress in
general terms and summarize project costs, cash flow, construction schedule and pending and
approved contract modifications. Establish and maintain a project documentation system consistent
with the requirements of the construction contract documents. Monitor the processing of contractor's
submittals and provide for filing and retrieval of project documentation. Produce monthly reports
indicating the status of all submittals in the review process. Review contractor's submittals, including,
requests for information, modification requests, shop drawings, schedules, and other submittals in
accordance with the requirements of the construction contract documents for the projects. Monitor the
progress of the contractor in sending and processing submittals to see that documentation is being
processed in accordance with schedules.
3. Resident Project Representative (RPR). Provide the services of full-time RPR(s) at the Site
(as described in Exhibit C) to assist the ENGINEER and to provide more extensive observation of
Contractor's work. Duties, responsibilities, and authority of the RPR are as set forth in Exhibit C. The
furnishing of such RPR's services will not extend ENGINEER's responsibilities or authority beyond
the specific limits set forth elsewhere in this Agreement. The performance of the RPR is not included
in the ENGINEER's basic fee and may be performed by the ENGINEER, by agreement with the
OWNER, in which case compensation shall be determined by applicable portions of Exhibit B.
Page 17 of 40
4. Selecting Independent Testing Laboratory. Through a subcontract, conduct, evaluate and
report on tests and test analyses for materials, including concrete compression and shrinkage tests,
moisture -density tests, relative density tests, asphalt tests (Marshall stability flow and density), and
in-place density testing. The Resident Project Representative (RPR) will coordinate the testing and
reporting per Exhibit C.
5. Pre -Construction Conference. Assist OWNER in conducting pre -construction conference(s)
with the Contractor(s), review construction schedules prepared by the Contractor(s) pursuant to the
requirements of the construction contract, and review procedures for transmittal and review of the
Contractor's submittals, processing payment applications, critical responsibilities for safety and first
aid. Determine if Contractor's schedule is consistent with the construction contract documents with
emphasis on milestone dates, construction sequencing, and operation of existing facilities during
construction. Engineer's review shall not include an analysis of Contractor's approach, means, or
methods of construction to perform the work specified in the construction contract documents.
6. Baselines and Benchmarks. Baselines and benchmarks will be provided by others, and are not
included in this scope of work.
7. Visits to Site and Observation of Construction, In connection with observations of
Contractor's work in progress while it is in progress:
a. In conjunction with anticipated monthly progress meetings, make periodic site visits to
the construction site in order to observe as an experienced and qualified design professional the
progress and quality of the Work and consult with the Owner and the Contractor concerning
problems and progress of the work. A total of 31 trips are anticipated for the water treatment
plant, and 17 trips are anticipated for the terminal storage reservoir. Such visits and observations
by ENGINEER, and the Resident Project Representative, if any, are not intended to be exhaustive
or to extend to every aspect of Contractor's work in progress or to involve detailed inspections of
Contractor's work in progress beyond the responsibilities specifically assigned to ENGINEER in
this Agreement and the Contract Documents, but rather are to be limited to spot checking,
selective sampling, and similar methods of general observation of the Work based on
ENGINEER's exercise of professional judgment as assisted by the Resident Project
Representative, if any. Based on information obtained during such visits and such observations,
ENGINEER will determine in general if Contractor's work is proceeding in accordance with the
Contract Documents, and ENGINEER shall keep OWNER informed of the progress of the Work.
b. ENGINEER shall not, during such 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, for safety precautions and programs
incident to Contractor's work, or for any failure of Contractor to comply with Laws and
Regulations 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.
8. Defective Work. Recommend to OWNER that Contractor's work be disapproved and rejected
while it is in progress if, on the basis of such observations, 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.
Page 18 of 40
9. Clarifications and Interpretations; Field Orders. When requested by the Owner or the
Contractor, issue necessary clarifications and interpretations of the Contract Documents as appropriate
to the orderly completion of Contractor's work. Such clarifications and interpretations will 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.
10. Change orders and Work Change Directives. Review Owner or Contractor requests for
project changes. Review documentation, prepare any additional documentation required, administer
the processing of change orders, review associated applications for extension of construction time,
evaluate cost and scheduling impacts, and submit recommendations to the Owner. Assist Owner in
negotiations with Contractor to obtain a fair price for the work. Prepare change order documentation
for approved changes for execution by the OWNER. Documentation of field orders, where cost to
OWNER is not impacted, will also be prepared. Investigations, analyses, studies or design for
substitutions of equipment or materials, corrections of defective or deficient work of the contractor or
other deviations from the construction contract documents requested by the contractor and approved
by the Owner are an additional service. Substitutions of materials or equipment or design
modifications requested by the OWNER are an additional service. Act on claims of owner and the
Contractor relating to the acceptability of the work or the interpretation of the requirements of the
construction contract documents.
11. Shop Drawings, Samples and Submittals. Review and approve or take other appropriate
action in respect to Shop Drawings, Samples, manufacturer's operation and maintenance manuals, and
other data which Contractor is required to submit, but only for conformance with the 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. Such reviews and approvals or other
action will not extend to means, methods, techniques, sequences or procedures of construction or to
safety, precautions and programs incident thereto. If more than one re -submittal is required because of
the failure of the Contractor to provide all previously requested corrected data or additional
information, the ENGINEER will bill the OWNER as an additional service for the review of the
additional re -submittals. This does not include initial submittal data such as shop tests and field tests
that are submitted after initial submittal.
12. Substitutes and "or -equal." Evaluate and determine the acceptability of substitute or
"or -equal" materials and equipment proposed by Contractor.
13. Inspections and Tests. Require such special inspections or tests of Contractor's work as
deemed reasonably necessary, and receive and review all certificates of inspections, 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.
14. Disagreements between OWNER and Contractor. Render formal written decisions on all
claims of OWNER and Contractor relating to the acceptability of Contractor's work or the
interpretation of the requirements of the Contract Documents pertaining to the execution and progress
of Contractor's work. In rendering such decisions, ENGINEER shall be fair and not show partiality to
OWNER or Contractor and shall not be liable in connection with any decision rendered in good faith
in such capacity.
Page 19 of 40
15. Applications for Payment. Based on ENGINEER's observations as an experienced and
qualified design professional and on review of Applications for Payment and accompanying
supporting documentation:
a. Determine the amounts that ENGINEER recommends Contractor be paid. Such
recommendations of payment will be in writing and will constitute ENGINEER's representation
to OWNER, based on such observations and review, that, to the best of ENGINEER's knowledge,
information and belief, Contractor's 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
the 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 Contractor's
work. In the case of unit price work, ENGMEER's recommendations of payment will include
final determinations of quantities and classifications of Contractor's work (subject to any
subsequent adjustments allowed by the Contract Documents).
16. Contractor's Completion Documents.
a. Receive and review maintenance and operating instructions, schedules, and guarantees.
b. Receive bonds, certificates, or other evidence of insurance not previously submitted and
required by the Contract Documents, certificates of inspection, tests and approvals, Shop
Drawings, Samples, annotated record drawings, and other data which are to be assembled by
Contractor in accordance with the Contract Documents to obtain final payment. Engineer's
review of guarantees and bonds is only for the purpose of determining if the Contractor provides
the general type of bond required by the Contract Documents, and is not a legal review to
determine if the Contractor's guarantees and bonds comply with all applicable requirements.
c. ENGINEER shall transmit these documents to OWNER.
17. Substantial Completion. Promptly after notice from Contractor that Contractor considers the
entire Work ready for its intended use, in company with OWNER and Contractor, conduct an
inspection to determine if the Work is Substantially Complete. If after considering any objections of
OWNER, ENGINEER considers the Work Substantially Complete, ENGINEER shall deliver a
certificate of Substantial Completion to OWNER and Contractor.
18. Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the
completed Work of Contractor is acceptable so that ENGINEER may recommend, in writing, final
payment to Contractor. Accompanying the recommendation for final payment, ENGINEER shall also
provide a notice in the form attached hereto as Exhibit D (the "Notice of Acceptability of Work") that
the Work is acceptable to the best of ENGINEER's knowledge, information, and belief and based on
the extent of the services provided by ENGINEER under this Agreement. Assist Owner in applying
for surety's consent to final payment.
19. Duration of Construction Phase. The Construction Phase will commence with the execution
of the first Construction Agreement for the Project or any part thereof and will terminate upon written
recommendation by ENGINEER for final payment to Contractors. If the Project involves more than
one prime contract, Construction Phase services may be rendered at different times in respect to the
separate contracts.
Page 20 of 40
20. Limitation of Responsibilities. ENGINEER shall not be responsible for the acts or omissions
of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity
performing or furnishing any of the Work. ENGINEER shall not be responsible for failure of any
Contractor to perform or furnish the Work in accordance with the Contract Documents.
21. Revise the construction drawings in accordance with the information furnished by
construction Contractors reflecting changes in the Project made during construction. Ten half sized,
2 full sized, and one reproducible full size set of prints of "record Drawings" shall be provided by
Engineer to OWNER. One electronic copy of the "Record Drawings" will be furnished.
22. Operation and Maintenance Manuals. Consultant will prepare an operation and
maintenance manual (O&M Manual) for the facilities as required by the Texas Commission on
Environmental Quality. The manual will be in conventional text and figure format and will not
include features such as interactive tools or web -based format. The O&M manual will be in two parts
as follows.
a. O&M Manual Part I. This section will include a description of the facilities and
recommendations for operation. The following topics would be included:
1) Introduction. Brief statement of manual purpose; operator and management
responsibilities; treatment requirements; design flows; description of unit processes; and
flow path.
2) Permits and Standards. Summary of permits and standards that must be met, spill
reporting procedures, and water quality standards.
3) Description and Operation of Treatment Facilities. Discussion of each unit
treatment process for the liquid portion of the facilities. The discussion will generally
consist of compiling design information previously presented in the Basis of Design
Memoranda, process control descriptions, process and instrumentation diagrams
(P&ID's), and construction specifications and drawings. Operations and maintenance
instructions on specific equipment components will not be extracted from the vendor
provided O&M manuals but will be referenced to the specific manuals. Development of
standard operating procedures to account for all circumstances and emergency situations
is not included.
Since the membrane system will be a new process component to the City staff,
additional effort will be devoted for these components by providing a more detailed
description of the purpose of each equipment component, guidelines for startup,
shutdown, and adjustments, guidance regarding warning lights and appropriate operator
responses. Some operations and maintenance instructions on specific equipment
components will be extracted from the vendor provided O&M manuals. Development of
standard operating procedures to account for all circumstances and emergency situations
is not included.
4) Description and Operation of Sludge Facilities. Discussion of each unit treatment
process for the solids portion of the facilities. Since the majority of the plant's process
components are similar to the process components at the City's existing water treatment
facilities, the discussion will generally consist of compiling design information
previously presented in the Basis of Design Memoranda, process control descriptions,
process and instrumentation diagrams (P&ID's), and construction specifications and
Page 21 of 40
drawings. Operations and maintenance instructions on specific equipment components
will not be extracted from the vendor provided O&M manuals but will be referenced to
the specific manuals. Development of standard operating procedures to account for all
circumstances and emergency situations is not included.
5) Description of Reporting Procedures for Chemical Spills and Inadequately Treated
Water. Discussion of notification procedures to State and/or Federal officials, the public,
and news media.
6) Description and Operation of Auxiliary Facilities. Discussion of non -treatment
systems, including HVAC, septic system, compressed air systems, flow measurement
devices, and water seal systems.
7) Laboratory Controls. General discussion of purpose and definitions; references;
listing of sampling frequencies and locations of sampling points; tests to be performed on
each sample; laboratory worksheet; individual laboratory tests, expected results, and
significance of test results.
8) Records. Description of records and reports that should be maintained.
9) Emergency peration and Response Program. General discussion of appropriate
responses to various emergency situations.
10) Safe . General discussion on safety related issues associated with water treatment
plant operation.
11) Utilities. Brief description of utilities, including addresses and telephone numbers
of the utilities.
12) Electrical System. General description of the electrical system from the utility
transformers to the facility's individual motor control centers.
13) Appendices.
b. O&M Manual Part 2. The operation and maintenance manuals supplied by the
manufacturers of the equipment in the water treatment plant construction contract will be
cataloged for ready reference within the Part I text.
C. The O&M manual will be prepared as a draft document and five copies of Part 1
will be furnished to the City. B&V will meet with the City in one review meeting to receive
the City's written comments to the draft manual.
d. The O&M manual will be revised as appropriate with the City's comments and
revisions identified during the Operation Consultation. The final O&M manual submittal will
include one electronic copy and two hard copies.
23. HMI & PLC Inspection & Witnessing
a. Configuration Coordination Kick-off Meeting A kick-off meeting will be organized to
introduce the membrane programmer, raw water facilities programmer, and the Lake Alan Henry
Plant programmer to the Owner. The meeting is intended to provide a clear statement of project
Page 22 of 40
goals and critical success factors. The following topics will be covered at the project kick-off
meeting:
1) Review Scope of Services
2) Schedule and Deliverables
3) Project Team Roles and Responsibilities
4) Communication and Contact Information
5) Review Periods
6) Existing Documentation and Software Availability
7) Configuration Items
a) HMI Standards and Conventions
b) PLC Standards and Conventions
c) Trends
d) Alarm Prioritizing and Area Assignments
b. Standards and Conventions Confirmation Meeting. The Consultant will attend the
Contractor organized Standards and Conventions Confirmation Meeting at the Owner's facility to
discuss and define following principal items. The contractor will conduct the meeting and
prepare the meeting minutes.
1) Tag Names. Tag Names for database points will be an alphanumeric format.
2) Graphic Display Conventions. Methods for equipment operation and display will
be standardized to ensure that Operator steps required to monitor and control
equipment are consistent with the Owner's current operation including navigation
buttons, control graphics, pop-up displays, and alarm summary. The type, color,
and size of devices and flow lines and the presentation of other information on
graphic displays will be reviewed to ensure similar appearance for similar
applications. Colors for dynamic information, static information, trends, and
Alarm/Event displays will also be reviewed to follow the Owner's existing
procedures.
3) Control Standards. Methods for equipment operation will be standardized to
ensure that Operator steps required to control equipment are consistent throughout
the control system.
4) Report Formats. No Reports are being modified under the current scope of
services.
c. Review HMI Graphic Submittal. The contractor shall submit HMI graphics for review
and comment as specified in the contract documents. The Consultant will review the graphics for
compliance with the Configuration Standards and compliance with control and monitoring
requirements specified in the contract documents. This task includes eighty (80) hours of review.
d. Review PLC Code for Standards Compliance. The contractor shall conduct a PLC code
compliance workshop as specified in the contract documents. The Consultant will witness the
Contractor's demonstration of PLC code for compliance with the Configuration Standards and
compliance with control and monitoring requirements specified in the contract documents. This
task includes two (2) three day trips to the Contractor's programming site for witnessing.
24. Control System Inspection & Witnessing
a. Instrumentation & Control Witness Testing and Specialty Inspection. Technical support
for witness testing will be provided by the Consultant for the following services:
Page 23 of 40
1) SCADA Equipment Factory Acceptance Test Witnessing. The Consultant will
attend the control system factory acceptance witnessing of the membrane systems.
The Consultant will verify and witness operation of control system
communications and ability to transfer data. The Consultant will generate a
memorandum summarizing the results of the factory acceptance test. This task
includes all costs for a 5 -day site visit to the supplier's facility by the Consultant.
2) Pre -Site Acceptance Testing Verification. Prior to Site Acceptance Testing or
Configuration Debugging for Construction Contract, the Consultant will complete
the following tasks to insure the contractor's work is in compliance with the
contract documents.
a) Field Calibration Report review. Prior to on-site system testing, the
Consultant will review the Contractor's instrument field calibration reports to
insure coordinated with PLC programming.
b) Manufacturer Services Coordination. Verify with Contractor that equipment
installation and manufacturer startup services have been provided prior to
startup and testing of the control system.
c) Verify Control System Installation. After the Contractor has completed fiber
optic, Ethernet, and other control system communication installation and
testing, Consultant will witness control system communications are
operational per the contract documents. The Consultant will prepare a
statement of deficiency for the Contractor for any control system installation
problems or communication errors. This task includes up to forty hours of
on-site inspections for the verification of the Control System.
d) Equipment and Instrument Installation Verifications. Consultant will witness
the Equipment and Instrument Loop Checkout Testing for Construction
Contract as described in Section 13500 General Control System
Requirements of the Construction Documents. Testing will verify discrete
and analog wiring and signal continuity from field equipment and
instruments to the HMI memory addresses. This task includes up to five (5)
five day trips for witnessing control system loop checkout and wiring
verification. Additional services can be provided at the request of the
Engineer as a supplemental service.
If deficiencies in the Contractor's work are found during the control system
I/O verification, the Consultant will provide a statement of deficiency to the
Contractor.
3) Site Acceptance Test Witnessing. The Consultant will witness the commencement
of the Contractor's Site Acceptance Test for the construction contract. This task
includes 5 one -day site visits to the water treatment plant site. If the Contractor has
significant deficiencies which warrant restart of the Site Acceptance Test, the
Consultant can provide additional test witnessing services as a supplemental
service.
4) Progress Meetings. The Instrumentation & Control engineer will attend up to 20
construction progress meetings by teleconference. This task includes two (2) hours
per progress meeting and does not include travel to the Owner's project site.
Page 24 of 40
5) Instrumentation & Control Inspection Services. The Instrumentation & Control
engineer will visit the project site to inspect the progress and conformance of the
Contractor's Work with the Contract Documents. This task includes two (2) four-
day site visits to the water treatment plant construction site.
25. Training And Startup Assistance
a. Pre -startup Training Program. Consultant will develop and conduct the pre -startup
training program for plant personnel. The training program is estimated to consist of 40 hours of
preparation of the training program and materials and 80 hours of on-site training consisting of
two trainers onsite for one week. Multiple training sessions on the same subject are not
anticipated. The training will be jointly presented, by an engineer and a person experienced in
membrane system operation. The training will provide basic engineering concepts regarding the
application of membrane systems as well as more hands-on operator training.
b. Startup Assistance. Consultant's services are estimated to consist of 160 hours of onsite
startup assistance (8 hours/day, 5 days/week onsite) and 280 hours for periodic visits,
supplemental training, and remote assistance. The startup assistance service will be used to assist
the plant staff in establishing operating procedures for the new WTP facilities. The startup
assistance support will be provided for up to 12 months after initial startup of the WTP.
26. Conformed Drawings
Upon completion of the project, revise the construction contract drawings to conform to the
construction records. As required, each drawing shall be modified. Submit one set of 3 mil
thickness, reproducible black line mylar drawings and two full size prints. Provide an electronic
(PDF) file of the drawings in compact disk format.
Page 25 of 40
Resolution No. 2010—RO138
EXHIBIT A, PART 2 — ADDITIONAL SERVICES
LAKE ALAN HENRY WATER TREATMENT PLANT
AND TERMINAL STORAGE RESERVOIR
Additional Services Requiring OWNER's Authorization in Advance
A. If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others
Additional Services of the types listed below. These services will be paid for by OWNER as
indicated in Article 1 of the Agreement.
1. Providing design and/or construction surveys and staking to enable ENGINEER to
perform its services and Contractor to perform his work, and any type of property surveys or
related engineering services needed for the transfer of interests in real property; and providing
other special field surveys.
2. Soil and foundation investigations, including field and laboratory tests, borings,
related engineering analysis and recommendations.
3. Preparation of applications and supporting documents (in addition to those furnished
under Basic Services) for private or governmental grants, loans or advances in connection with
the Project; preparation or review of environmental assessments and impact statements; review
and evaluation of the effects on the design requirements for the Project of any such statements
and documents prepared by others; and assistance in obtaining approvals of authorities having
jurisdiction over the anticipated environmental impact of the Project.
4. Services to make measured drawings of or to investigate existing conditions or
facilities, or to verify the accuracy of drawings or other information furnished by OWNER.
5. Services resulting from significant changes in the scope, extent, or character of the
portions of the Project designed or specified by ENGINEER or its design requirements
including, but not limited to, changes in size, complexity, OWNER's schedule, character of
construction, or method of financing; and revising previously accepted studies, reports,
Drawings, Specifications, or Contract Documents when such revisions are required by changes
in Laws and Regulations enacted subsequent to the Effective Date of this Agreement or are
due to any other causes beyond ENGINEER's control.
6. Services required as a result of OWNER's providing incomplete or incorrect Project
information.
7. Providing renderings or models for OWNER's use.
8. Undertaking investigations and studies including, but not limited to, detailed
consideration of operations, maintenance, and overhead expenses; the preparation of feasibility
studies, cash flow and economic evaluations, rate schedules, and appraisals; assistance in
obtaining financing for the Project; evaluating processes available for licensing, and assisting
OWNER in obtaining process licensing; detailed quantity surveys of materials, equipment, and
labor; and audits or inventories required in connection with construction performed by
OWNER.
9. Furnishing services of ENGINEER's Consultants for other than Basic Services.
Page 26 of 40
10. Services during out-of-town travel required of ENGINEER other than for visits to the
Site or OWNER's office.
11. Preparing for, coordinating with, participating in and responding to structured
independent review processes, including, but not limited to, construction management, cost
estimating, project peer review, value engineering, and constructibility review requested by
OWNER; and performing or furnishing services required to revise studies, reports, Drawings,
Specifications, or other Bidding Documents as a result of such review processes.
12. Preparing additional Bidding Documents or Contract Documents for alternate bids or
prices requested by OWNER for the Work or a portion thereof.
13. Determining the acceptability of substitute materials and equipment proposed during
the Bidding or Negotiating Phase when substitution prior to the award of contracts is allowed
by the Bidding Documents.
14. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for
construction, materials, equipment, or services.
15. Providing Construction Phase services beyond the Contract Times set forth in Exhibit
A, Part 1, Paragraph A.7.a.
16. Providing assistance in resolving any Hazardous Environmental Condition in
compliance with current Laws and Regulations.
17. Preparing to serve or serving as a consultant or witness for OWNER in any litigation,
arbitration or other dispute resolution process related to the Project.
18. Providing more extensive services required to enable ENGINEER to issue notices or
certifications requested by OWNER.
19. Services in connection with Work Change Directives and Change Orders to reflect
changes requested by OWNER so as to make the compensation commensurate with the extent
of the Additional Services rendered.
20. Services in making revisions to Drawings and Specifications occasioned by the
acceptance of substitute materials or equipment other than "or -equal" items; and services after
the award of the Construction Agreement in evaluating and determining the acceptability of a
substitution which is found to be inappropriate for the Project or an excessive number of
substitutions.
21. Services resulting from significant delays, changes, or price increases occurring as a
direct or indirect result of materials, equipment, or energy shortages.
22. Additional or extended services during construction made necessary by (1)
emergencies or acts of God endangering the Work, (2) an occurrence of a Hazardous
Environmental Condition, (3) Work damaged by fire or other cause during construction, (4) a
significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of
the progress schedule involving services beyond normal working hours, or (6) default by
Contractor.
Page 27 of 40
23. Services in connection with any partial utilization of any part of the Work by
OWNER prior to Substantial Completion.
24. Evaluating an unreasonable claim or an excessive number of claims submitted by
Contractor or others in connection with the Work.
25. Other services performed or furnished by ENGINEER not otherwise provided for in
this Agreement.
26. Reimbursable expenses associated with providing additional services.
27. Time spent in review of submittals of shop drawings and O&M manuals in excess of
one re -submittal due to failure of Contractor to provide all previously requested corrected data
or additional information.
28. Warranty Review. Engineer shall provide post -construction phase services during the
two-year period after substantial completion for each construction contract. Upon request of
the Owner, make a total of up to twenty-four (24) one -day visits to meet with operations staff
to review performance and any deficiencies in the work covered by the construction
Contractor's warranty. Engineer will notify the Construction Contractor and Owner of
required corrections and follow up with Contractor to ensure corrections have been made.
Equipment failures and critical items will be addressed as soon as possible upon notification
by the Owner. Review plant operations during the final month of warranty to address
potential warranty items.
Page 28 of 40
Resolution No. 2010—RO138
EXHIBIT A, PART 3 — OWNER'S RESPONSIBILITIES
LAKE ALAN HENRY WATER TREATMENT PLANT
AND TERMINAL STORAGE RESERVOIR
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. 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 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.
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.
4. 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.
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 previously required to be provided by ENGINEER.
b. 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
Contractor(s) are complying with any law, rule, regulation, ordinance, code or order
applicable to their furnishing and performing the work.
Attend the pre-bid conference, bid opening, preconstruction conferences, construction
progress and other job related meetings and substantial completion inspections and final
payment inspections.
Page 29 of 40
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.
9. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in Exhibit A,
Part 2 of this AGREEMENT or other services, as deemed to be required by OWNER.
10, 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.
11. Bear all costs incident to compliance with the requirements of OWNER'S
responsibilities.
Page 30 of 40
Resolution No. 2010-RO138
EXHIBIT B
PAYMENTS TO THE ENGINEER
LAKE ALAN HENRY WATER TREATMENT PLANT
AND TERMINAL STORAGE RESERVOIR
OWNER shall pay ENGINEER for services set forth in Exhibit A, Part 1, Basic
Services and Exhibit A, Part 2, Additional Services as follows:
a. On an hourly rate basis per the attached schedules, as applicable for personnel of
the respective firm, at a Not to Exceed amount of $ 4,762,500 based on the
estimated distribution of compensation listed below. The distribution of
compensation for the Basic and Authorized Additional Services is solely
provided to establish values and invoice amounts for billing services. The values
will be listed on invoices to track work progress and percent complete of the
phase services. As necessary, the Engineer may utilize unused funds from other
phases without exceeding the total upper limit. The total upper limit shall not be
exceeded without the written authorization of the OWNER.
Water Treatment Plant $4,200,500
• Project Administration and Control
$
1,640,000
• Resident Project Representation
$
1,675,000
• HMI and PLC Inspection
$
31,000
• Control System Inspection
$
112,500
• Training / Startup
$
156,000
• Material Testing
$
218,000
• O&M Manual Preparation
$
368,000
• Warranty Review Assistance $ 101,000
(future, as authorized)
Terminal Storage Reservoir $562,000
• Project Administration and Control
$
195,000
• Resident Project Representation
$
300,000
• Control System Inspection
$
2,500
• Training / Startup
$
1,500
• Material Testing
$
60,000
• O&M Manual Preparation
$
3,000
• Warranty Review Assistance $ 3,000
(future, as authorized)
Page 31 of 40
OWNER shall pay ENGINEER for services rendered, including 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 1.03
3) For reimbursable expenses, on the basis of cost times a factor of 1.05.
4) Estimates of man-hours for which the Not -to -Exceed fee is based are as
shown on the attached table entitled "Personnel Man -Hour Estimate":
Page 32 of 40
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Page 33 of 40
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
Classification Hourly Rate
175.00 PROFESSIONAL LEVEL II 90.00
Intern (Architect) II
Interior Designer 11, Intern (interiors) II
Technologist II
Resident Project Representative II
Landscape Architect II
150.00
PROFESSIONAL LEVEL 1 80.00
Intern (Architect) I
Intern (Interiors) I
Technologist I
Resident Project Representative 1
135.00
SUPPORT STAFF Ili 75.00
Engineering Technician III
CADD III
Administrative Secretary III
Project Assistant 1/11
PROFESSIONAL LEVEL IV 115.00
Engineer IV
Architect IV, Intern (Architect) IV
Landscape Architect IV
Interior Designer IV
Technologist IV
Resident Project Representative IV
PROFESSIONAL LEVEL III
Engineer 1/11, 111
Architect III, Intern (Architect) III
Landscape Architect III
Intern (Landscape Architect) III
Interior Designer III
Technologist III
Resident Project Representative III
Expenses
SUPPORT STAFF II
Accounting Clerk
CADD
Clerical
Engineering Technician II
Administrative Secretary II
100.00 SUPPORT STAFF I
Architectural Student
Engineering Student
Interiors Student
Landscape Architecture Student
Accounting Clerk Trainee
CADD Trainee
Clerical Trainee
70.00
40.00
Reimbursement for expenses, as listed below, incurred in connection with the Additional Services, will be at cost plus five 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.
Page 34 of 40
Engineer's Consultant
Black & Veatch Corporation
Hourly Rate Schedule
Lake Alan Henry Water Supply Project
Compensation for personnel used in the performance of engineering services by
Black & Veatch Corporation will be in accordance with the following hourly
rates:
Personnel Classification Hourly Rate
Office Staff
Project Principal
$255
Project Manager
$230
Engineering Manager
$220
Senior Membrane Process Engineer
$220
Senior Process Engineer
$190
Process Engineer
$145
Senior Civil Engineer
$185
Staff Civil Engineer
$120
Senior Engineering Technician
$160
Technician/Designer
$95
Senior Electrical Engineer
$195
Electrical Engineer
$130
Senior I&C Engineer
$200
I&C Engineer
$135
I&C Technician
$130
Quality Control/Assurance
$190
Clerical
$80
Field Staff
Lead Resident Project Representative $ 170
Field Administrator $ 70
The billing rates associated with the Warranty Review will be adjusted at the time that
work is performed. The rates are estimated to increase by approximately 10% over the
rates indicated in the schedule above.
Page 35 of 40
Resolution No. 2010-RO138
EXHIBIT C
DUTIES, RESPONSIBILITIES, AND LIMITATIONS
OF AUTHORITY
OF RESIDENT PROJECT REPRESENTATIVE
A. ENGINEER shall furnish a full-time Resident Project Representative ("RPR"), assistants,
and other field staff (based on the hours and weeks provided below) to assist
ENGINEER in observing progress and quality of the Work. The RPR, assistants, and
other field staff under this Exhibit C may provide fill time representation or may
provide representation to a lesser degree.
OWNER agrees to pay, in addition to the labor effort, expenses for the field personnel
as established in the ENGINEER'S fee for providing the construction phase services.
B. Through such additional observations of Contractor's work in progress and field checks
of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide
further protection for OWNER against defects and deficiencies in the Work. However,
ENGINEER shall not, during such visits or as a result of such observations of Contractor's work
in progress, supervise, direct, or have control over the Contractor's Work nor shall ENGINEER
have authority over or responsibility for the means, methods, techniques, sequences, or
procedures selected by Contractor, for safety precautions and programs incident to the
Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations
applicable to Contractor's performing and furnishing the Work, or responsibility of construction
for Contractor's failure to furnish and perform the Work in accordance with the Contract
Documents.
C. The duties and responsibilities of the RPR are limited to those of ENGINEER in the
Agreement with the OWNER and in the Contract Documents, and are further limited and
described as follows:
1. General: RPR is ENGINEER's agent at the Site, will act as directed by and under the
supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's
dealings in matters pertaining to the Contractor's work in progress shall in general be with
ENGINEER and Contractor, keeping OWNER advised as necessary. RPR's dealings with
subcontractors shall only be through or with the full knowledge and approval of Contractor.
RPR shall generally communicate with OWNER with the knowledge of and under the
direction of ENGINEER. RPR shall generally communicate with OWNER with the
knowledge of and under the direction of ENGINEER.
2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample
submittals, and schedule of values prepared by Contractor and consult with ENGINEER
concerning acceptability.
3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction
conferences, progress meetings, job conferences and other project -related meetings, and
prepare and circulate copies of minutes thereof.
Page 36 of 40
4. Liaison:
a. Serve as ENGINEER's liaison with Contractor, working principally through
Contractor's superintendent and assist in understanding the intent of the Contract
Documents.
b. Assist ENGINEER in serving as OWNER's liaison with Contractor when
Contractor's operations affect OWNER's on -Site operations.
c. Assist in obtaining from OWNER additional details or information, when
required for proper execution of the Work.
5. Interpretation of Contract Documents: Report to ENGINEER when clarifications and
interpretations of the Contract Documents are needed and transmit to Contractor clarifications
and interpretations as issued by ENGINEER.
6. Shop Drawings and Samples.
a. Record date of receipt of Samples and approved Shop Drawings.
b. Receive Samples which are furnished at the Site by Contractor, and notify
ENGINEER of availability of Samples for examination.
c. Advise ENGINEER and Contractor of the commencement of any portion of the
Work requiring a Shop Drawing or Sample submittal for which RPR believes that the
submittal has not been approved by ENGINEER.
7. Modifications: Consider and evaluate Contractor's suggestions for modifications in
Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit
to Contractor in writing decisions as issued by ENGINEER.
8. Review of Work and Rejection of Defective Work:
a. Conduct on -Site observations of Contractor's work in progress to assist
ENGINEER in determining if the Work is in general proceeding in accordance with the
Contract Documents.
b. Report to ENGINEER whenever RPR believes that any part of Contractor's work
in progress will not produce a completed Project that conforms generally to the Contract
Documents or will prejudice 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;
and advise ENGINEER of that part of work in progress that RPR believes should be
corrected or rejected or should be uncovered for observation, or requires special testing,
inspection or approval.
9. Inspections, Tests, and System Startups:
a. Consult with ENGINEER in advance of scheduled major inspections, tests, and
systems startups of important phases of the Work.
b. Verify that tests, equipment, and systems start-ups and operating and
maintenance training are conducted in the presence of appropriate OWNER's personnel,
and that Contractor maintains adequate records thereof.
Page 37 of 40
c. Observe, record, and report to ENGINEER appropriate details relative to the test
procedures and systems startups.
d. Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Project, record the results of these inspections, and report to
ENGINEER.
10. Records:
a. Maintain at the Site orderly files for correspondence, reports of job conferences,
reproductions of original Contract Documents including all Change Orders, Field Orders,
Work Change Directives, Addenda, additional Drawings issued subsequent to the
execution of the Contract, ENGINEER's clarifications and interpretations of the Contract
Documents, progress reports, Shop Drawing and Sample submittals received from and
delivered to Contractor, and other Project related documents.
b. Prepare a daily report or keep a diary or log book, recording Contractor's hours
on the Site, weather conditions, data relative to questions of Change Orders. Field Orders,
Work Change Directives, 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: and send copies to ENGINEER.
c. Record names, addresses and telephone numbers of all Contractors,
subcontractors, and major suppliers of materials and equipment.
d. Maintain records for use in preparing Project documentation.
e. Upon completion of the Work, furnish original set of all RPR Project
documentation to ENGINEER.
11. Reports:
a. Furnish to ENGINEER periodic reports as required of progress of the Work and
of Contractor's compliance with the progress schedule and schedule of Shop Drawing and
Sample submittals.
b. Draft and recommend to ENGINEER proposed Change Orders, Work Change
Directives, and Field Orders. Obtain backup material from Contractor.
c. Furnish to ENGINEER and OWNER copies of all inspection, test, and system
startup reports.
d. Report immediately to ENGINEER the occurrence of any Site accidents, any
Hazardous environmental Conditions, emergencies, or acts of God endangering the
Work, and property damaged by fire or other causes.
12. Payment Requests: Review Applications for Payment with Contractor for compliance
with the established procedure for their submission and forward with recommendations to
ENGINEER, noting particularly the relationship of the payment requested to the schedule of
values, Work completed, and materials and equipment delivered at the Site but not
incorporated in the Work.
Page 38 of 40
13. Certificates, Operation and Maintenance Manuals: During the course of the Work,
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 the Contract Documents, and have these
documents delivered to ENGINEER for review and forwarding to OWNER prior to payment
for that part of the Work.
14. Completion:
a. Before ENGINEER issues a Certificate of Substantial Completion, submit to
Contractor a list of observed items requiring completion or correction.
b. Observe whether Contractor has arranged for inspections required by Laws and
Regulations, including but not limited to those to be performed by public agencies having
jurisdiction over the Work.
c. Participate in a final inspection in the company of ENGINEER, OWNER, and
Contractor and prepare a final list of items to be completed or corrected.
d. Observe whether all items on final list have been completed or corrected and
make recommendations to ENGINEER concerning acceptance and issuance of the Notice
of Acceptability of the Work.
D. Resident Project Representative shall not:
1. Authorize any deviation from the Contract Documents or substitution of materials or
equipment (including "or -equal" items).
2. Exceed limitations of ENGINEER's authority as set forth in the Agreement or the
Contract Documents.
3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or
Contractor's superintendent.
4. Advise on, issue directions relative to or assume control over any aspect of the
means, methods, techniques, sequences or procedures of Contractor's work unless such advice
or directions are specifically required by the Contract Documents.
5. Advise on, issue directions regarding, or assume control over safety precautions and
programs in connection with the activities or operations of OWNER or Contractor.
6. Participate in specialized field or laboratory tests or inspections conducted off-site by
others except as specifically authorized by ENGINEER.
7. Accept Shop Drawing or Sample submittals from anyone other than Contractor.
8. Authorize OWNER to occupy the Project in whole or in part.
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