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HomeMy WebLinkAboutResolution - 3503 - Agreement - HDR Engineering - Improvements, Water Treatment Plant - 12_06_1990Resolution # 3503 December b, 1990 Item #17 DGV:dw 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 an Agreement for Engineering Services for renovation of the City of Lubbock Water Treatment Plant by and between the City of Lubbock and HDR Engineering, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 6th day of December , 1990. 'B. C. McMINN, MAYOR Rangtte boya, city Secretary A P VED AS TO CONTENT:_ Da A. Haw ins, P.E. Di ector of Water Utilities APPROVED AS TO FORM: Wald G. Vandiver, First Assis City Attorney 23,SO3 ATTAC ORIENT A AGREEMENT FOR ENGINEERING SERVICES OWNER: City of Lubbock, Texas PROJECT: Engineering services required to plan and design improvements for the City of Lubbock Water Treatment Plant. A DESCRIPTION OF SCOPE OF SERVICES The Scope of Services for this municipal water treatment plant design project is as follows. Work will not proceed until Owner has authorized Engineer in writing to proceed. I. PROJECT MANAGEMENT, MEETINGS, AND COORDINATION A. Establish project administrative board, consisting of ENGINEER's project manager and principals of ENGINEER and major subconsultants. The board will meet at 30, 70, and 90 percent completion to assess project status and report their findings to the OWNER's project director. B. Participate in the following meetings to review progress and exchange ideas and information. 1. Attend meetings in Lubbock with the City Review Committee to review and discuss the project. Prepare meeting minutes and distribute to all attendees. It is anticipated that four (4) meetings will be needed. 2. Conduct meetings at ENGINEER's office with ENGINEER's project manager and major subconsultant project managers to coordinate, review, and discuss the project. Prepare meeting minutes and distribute copies to all attendees and to OWNER. 3. Attend meetings in Austin with State regulatory agencies to discuss the project. ENGINEER will be accompanied by City staff. Prepare meeting minutes and distribute to City attendees. 4. Attend briefing sessions in Lubbock to discuss the project. It is anticipated that two (2) briefing will be held with City Council and/or citizen advisory groups or other special groups. ENGINEER's attendance at such meetings shall be at the request of OWNER. C. Prepare monthly status reports summarizing the progress of the work to date and submit to OWNER's project director. Each report will update the project schedule. D. Provide coordination for efforts of project team members, including subconsultants, for work developed in this project. Attachment A Scope of Services Page 2 E. Provide technical staff for participation in meetings with City Review Committee in Lubbock to discuss project. F. Provide technical staff for participation in meetings with State regulatory agencies in Austin to discuss project. G. Provide informal quality control review throughout the development of project. Conduct formal reviews of design drawings before drawings are submitted to Owner. II. BASIC SERVICES A. The ENGINEER shall visit the site, consult with senior plant personnel, research available information on pertinent topics, meet with the OWNER's review team, and consult with all regulatory agencies having authority over the OWNER's potable water production operations as necessary to develop reports, recommendations, plans, and cost estimates for the OWNER to use in planning and designing improvements for the Lubbock Water Treatment Plant. The ENGINEER shall estimate all costs and schedule the phasing of all recommended improvements. B. ENGINEER shall provide for OWNER professional services in all phases of the PROJECT to which this Agreement applies as hereinafter provided. These services will include serving as OWNER's professional engineering representative for the PROJECT, providing professional engineering consultation and advice and furnishing (civil, structural, mechanical, electrical, process, chemical) engineering services and related architectural/engineering services incidental thereto. C. ENGINEER shall provide, through a subcontract, geotechnical engineering services including exploratory work, laboratory and field testing, and professional guidance in tests to be made at test locations based on preliminary drawings and designs and including professional interpretations of exploratory and test data. The service will include: a. All geotechnical exploratory work, such as soil borings, penetration tests, soundings, subsurface explorations, laboratory tests of soils, rock formation, and other geophysical phenomena which are required to provide information for design and all other field and laboratory tests and analyses which are required to provide design information. Attachment A Scope of Services Page 3 b. A geotechnical report by a qualified geologist or geotechnical firm interpreting the data on the exploratory work and testing and setting out the site conditions that can be anticipated from this initial exploratory work. D. ENGINEER shall provide, through a subcontract, the necessary aerial and field design surveys for preparation of construction drawings and specifications. Surveys will determine the site topography, contours, existing horizontal and vertical control, and insofar as possible, critical tie-in locations. E. DESIGN PHASE: In consultation with OWNER, on the basis of the "Municipal Water Treatment Plant Study, City of Lubbock, Texas, May, 1990" (prepared by HDR Engineering), and with knowledge of existing and potential future federal and state requirements for Water Treatment Plant design and operations, the ENGINEER shall determine the general scope, extent and character of the PROJECT. During the DESIGN PHASE, the ENGINEER shall: 1. Prepare detailed drawings and specifications for the proposed construction work and for all equipment required. 2. Prepare an opinion of probable construction cost for the proposed work covered by the drawings and specifications for each contract. 3. Provide five (5) sets of the drawings and specifications to OWNER for formal review at 75 percent project completion. 4. Meet with the OWNER after documents have been reviewed to discuss them and to resolve any questions. Incorporate City comments into drawings and specifications. 5. Attend meetings in Lubbock as necessary to provide a project status briefing. 6. Review the construction contract drawings and specifications for completeness, biddability, and constructability. 7. Provide five (5) sets of the complete drawings and specifications to OWNER for review. F. G. H. Attachment A Scope of Services Page 4 8. Meet with the OWNER after review to discuss them and resolve any questions. Incorporate OWNER comments into final drawings and specifications. 9. Submit three sets of revised detailed drawings and specifications to appropriate regulatory agencies for review. 10. Attend meetings in Austin to discuss the documents with regulatory agency officials. 11. After receipt of agency review comments, revise the documents if necessary. 12. Upon completion of the review and drawings and specifications, review the opinion of probable construction cost and revise and expand as required. 13. Prepare Bid Forms and preliminary Invitation to Bid form for each contract. PRIORITY COMPONENTS It is understood by all parties signing this Agreement that all improvements to the treatment facilities necessary to meet the requirements of the Safe Drinking Water Act (SDWA) shall receive priority for design and construction, and ENGINEER shall act accordingly to have drawings and specifications prepared in a timely manner to allow construction of such facilities to be completed prior to the SDWA deadlines for compliance. PERMITS ACQUISITION Assistance to the OWNER in obtaining permit approvals is not anticipated for this project. PREAWARD SERVICES 1. Identify and supply list of potential contractors and suppliers to OWNER. 2. Supply to OWNER one reproducible set of construction contract drawings and specifications for OWNER to reproduce and issue to prospective bidders. Attachment A Scope of Services Page 5 3. Attend, at a date and time selected and a place provided by OWNER, a pre -bid conference for each contract to; a. Instruct prospective bidders and suppliers as to the types of information required by the contract documents and the format in which bids should be presented. b. Review special project requirements and contract documents in general. 4. Interpret construction contract drawings and specifications, and provide written responses to questions form bidders requiring clarifications during the bidding period. Prepare and supply to OWNER one reproducible copy of any and all addenda to the construction contract documents in a timely manner. 5. Review bids for completeness and conformity to the construction contract documents. 6. Review the questionnaire to determine the acceptability of materials and equipment submitted by the apparent successful bidder when the review is required by the bidding documents subsequent to bid opening and prior to award of contract. 7. Evaluate bids, and make written recommendations to the OWNER concerning contract award. III. ADDITIONAL SERVICES A. At the request of the OWNER, the ENGINEER will provide Additional Services upon written agreement between the OWNER and the ENGINEER defining the extent of such Additional Services and the amount and manner in which the ENGINEER will be compensated for such Additional Services. R. Any work requested by the OWNER that is not included in one of the items listed in any other place will be classified as Additional Services. Attachment A Scope of Services Page 6 C. Additional services shall include, but are not limited to: 1. Additional meetings with local, State or Federal agencies to discuss the project. 2. Appearances at public hearings or before special boards in addition to those identified in Section of this Attachment. 3. Changes in the general scope, extent, or character of the project or its design, 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, design documents, or construction contract documents when such revisions are required by changes in law, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports, documents, and designs or due to any other causes beyond the ENGINEER'S control. 4. Special consultants or independent professional associates requested or authorized by the OWNER. 5. Assistance with bid protests and rebidding, preparation for litigation, arbitration or other legal or administrative proceedings, and appearances in court or at arbitration sessions, provided such assistance is due to matters beyond the ENGINEER'S control. 6. Revisions of drawings and specifications arising out of OWNER Review Committee, or state agency review which cause changes in the general scope, extent or character of the project, including but not limited to changes in size, complexity, OWNER's schedule, character of construction, or method of financing. 7. Provision, through a subcontractor, of land and property surveys and property description, as required by the project and in addition to those identified in Section II, Basis Services, of this Attachment. S. Preparation of permit applications for the project. 9. Provision, through a subcontract, of photographs or video tapes of the construction sites. 10. Field design surveys and/or geotechnical engineering services that may be required to supplement the survey and geotechnical services provided during the Design Phase. Attachment A Scope of Services Page 7 11. Provision of an environmental assessment report and/or environmental impact statements as requested by the OWNER or required by review agencies in addition to that prepared under previous phases of work. 12. Provision, through a subcontract, of an archaeological study and report on the construction sites. 13. Conducting pilot plant studies and tests. 14. Provision of the following preaward services: Assist OWNER in placing advertisements for the Invitation to Bid, distribute copies of Invitation to Bid to, potential bidders, distribute bid documents to potential bidders, maintain record of prospective bidders to whom bid documents have been issued, receive deposits for bid documents and credit OWNER for the bid document deposits, distribute addenda to bidders, prepare bid tabulation, prepare and distribute sets of construction contract drawings and specifications to the successful bidder, prepare and distribute conforming copies of the construction contract documents to Contractor to OWNER. AGR EGNRIENT ENGINEERING SERVICES THIS AGREEMENT, between the City of Lubbock, Texas, hereinafter referred to as "OWNER", and HDR Engineering, Inc., with principal offices at Suite 125, 12700 Hillcrest Road, Dallas, TX 75230- 2096, hereinafter referred to as "ENGINEER", for performing services required to plan and design improvements for the City of Lubbock Water Treatment Plant, hereinafter called the "PROJECT". WITNESSETH: WHEREAS, OWNER intends to upgrade its municipal water treatment plant, located at 6001 North Guava Avenue, so that it consistently produces its designed volume of treated drinking water which meets the requirements of the federal Safe Drinking Water Act considering a 20-year long-range improvement period. WHEREAS, OWNER requires certain professional services in connection with the PROJECT (hereinafter referred to as the Services); and, WHEREAS, ENGINEER is prepared to provide such Services; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be December 1990. ARTICLE 2 - SERVICES TO BE PERFORMED BY ENGINEER ENGINEER shall perform the Services described in Attachment A, Scope of Services, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 3 - COMPENSATION OWNER shall pay ENGINEER in accordance with Attachment B, Compensation, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 4 - STANDARD OF CARE ENGINEER shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional engineer under similar circumstances and ENGINEER shall, at no cost to OWNER, re -perform services which fail to satisfy the foregoing standard of care. ARTICLE 5 - LIMITATIONS OF RESPONSIBILITY ENGINEER shall not be responsible for actual construction means, methods, techniques, sequences, procedures, or safety precautions and programs used in connection with the PROJECT by construction contractor. ENGINEER shall assist the OWNER in complying with federal, state, or local laws, ordinances, regulations, rules, codes, orders, criteria, or standards. ARTICLE 6 - OPINIONS OF CONSTRUCTION COST AND CONSTRUCTION SCHEDULE Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualification and experience as a professional engineer. Since ENGINEER has no control over the resources provided by others to meet contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualification and experience as a professional engineer. ENGINEER cannot and does not guarantee that proposals, bids or actual project costs will not vary from ENGINEER's cost estimates or that actual schedules will not vary from ENGINEER's forecast schedules. ARTICLE 7 - LIABILITY AND INDEMNIFICATION 7.1 General. Having considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promises included herein, owner and ENGINEER agree to allocate such liabilities in accordance with this Article 7. Words and phrases used in this Article shall be interpreted in accordance with customary insurance industry usage and practice. 7.2 Indemnification. ENGINEER agrees to defend, indemnify, and hold OWNER whole and harmless against all claims for damages, costs, and expenses of persons or property that may solely arise out of, or be occasioned by, or from any negligent act, error, or omission of ENGINEER, or any agent, servant, or employee of ENGINEER in the execution or performance of this Contract. 7.3 Employee Claims. ENGINEER shall indemnify OWNER against legal liability for damages arising out of claims by ENGINEER'S employees. OWNER shall indemnify ENGINEER against legal liability for damages arising out of claims by OWNER'S employees. 7.4 Limitations of Liability. To the fullest extent permitted by law, ENGINEER'S total liability to OWNER for any and all injuries, claims, losses, expenses or damages arising out of or in any way related to the PROJECT or this Agreement from any cause or causes including but not limited to ENGINEER'S negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the minimum amounts required by Article 10 of this Agreement. 7.5 Survival. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. ARTICLE 8 - INDEPENDENT CONTRACTOR ENGINEER undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of its own performance and that of its subcontractors, agents and employees. OWNER shall have no right to supervise the methods used but OWNER shall have the right to observe such performance. ENGINEER shall work closely with owner in performing Services under this Agreement. ARTICLE 9 - COMPLIANCE WITH LAWS In performance of the Services, ENGINEER will comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall possess the licenses necessary to allow ENGINEER to perform the Engineering Services. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment A, Scope of Services. ARTICLE 10 - INSURANCE Prior to the time ENGINEER is entitled to commence any part of the services under this Contract, ENGINEER shall procure, pay for, and maintain the following insurance written by companies licensed in the State of Texas or meeting surplus lines requirements of Texas law and acceptable to OWNER. The insurance shall be evidence by delivery to OWNER of one (1) certificate of insurance, executed by the insurer, listing coverage and limits, expiration date and term of policy, and certifying that the insurer is licenses to do business in Texas or meets the surplus lines requirements of Texas law, or (2) a certified copy of each policy, including all endorsements. The insurance requirements shall remain in effect throughout the term of this Contract. A. Comprehensive General Liability Insurance The ENGINEER shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury and $300,000 Property Damage per occurrence to include: Premises and operations Explosion and Collapse Hazard Underground Damage Hazard Products and Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The OWNER is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Comprehensive Automobile Liability Insurance The ENGINEER shall have Comprehensive Automobile Liability Insurance with limits of not less than: Bodily Injury $250/$500,000 Property Damage $100,000 to include all owned and non -owned cars including Employers Non -ownership Liability Hired and Non -owned vehicles The OWNER is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. C. Excess Umbrella Liability Insurance The ENGINEER shall have Excess or Umbrella Liability Insurance in the amount of $5,000,000 with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. The OWNER is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. 4 D. Worker's Compensation and Employer's Liability Insurance as required by State statute covering all employees whether employed by the Engineer or any Subcontractor on the job with Employer's Liability of at least $100,000 limit. E. Professional Liability Insurance (including errors and omissions) with minimum limits of $2,000,000 per claim. Engineer shall furnish owner certificates of insurance which shall include a provision that such insurance shall not be cancelled without at least thirty days written notice to owner. ARTICLE 11 - OWNER'S RESPONSIBILITIES OWNER shall be responsible for all matters described in Attachment C, OWNER'S Responsibilities, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 12 - REUSE OF DOCUMENTS All documents, including drawings, specifications, and computer software, prepared by ENGINEER pursuant to this Agreement are instruments of service in respect to this PROJECT. They are not intended or represented to be suitable for reuse by Owner or others on extensions of this PROJECT or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER'S sole risk and without liability or legal exposure to ENGINEER. ARTICLE 13 - AMENDMENT, TERMINATION, AND STOP ORDERS This Contract may be altered or amended only by mutual written consent and may be terminated by the OWNER at any time by written notice to the ENGINEER. Upon receipt of such notice, the ENGINEER shall, unless the notice directs otherwise, immediately discontinue all work in connection with the performance of this Contract and shall proceed to cancel promptly all existing orders insofar as such orders are chargeable to this Contract. The ENGINEER shall submit a statement showing in detail the work performed under this Contract to the date of termination. The OWNER shall then pay the ENGINEER promptly that proportion of the prescribed fee which applies to the work actually performed under this Contract, less all payments that have been previously made. Thereupon, copies of all completed work accomplished under this Contract shall be delivered to the OWNER. The OWNER may issue a Stop Work Order to the ENGINEER at any time. Upon receipt of such order, the ENGINEER is to 5 discontinue all work under this Contract and cancel all orders pursuant to the Contract, unless the order otherwise directs. If the OWNER does not issue a Restart Order within 60 days after receipt by the ENGINEER of the Stop Work Order, the ENGINEER shall regard this Contract terminated in accordance with the foregoing provisions. ARTICLE 14 - NONDISCLOSURE OF PROPRIETARY INFORMATION ENGINEER shall consider all information provided by OWNER to be proprietary unless such information is available from public sources. ENGINEER shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of OWNER or in response to legal process. ARTICLE 15 - NOTICE Any notice, demand, or request required by or made pursuant to this Agreement shall be deemed properly made if personally delivered in writing or deposited in the United State mail, postage prepaid, to the address specified below. To Engineer: HDR Engineering, Inc. Suite 125 12700 Hillcrest Road Dallas, TX 75230-2096 ATTN: William B. Hagood, Senior Vice President To Owner: City of Lubbock P. O. Box 2000 Lubbock, TX 79457 ATTN: Dan A. Hawkins, Director of Water Utilities Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representative of ENGINEER and OWNER. ARTICLE 16 - UNCONTROLLABLE FORCES Neither OWNER nor ENGINEER shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is O beyond the control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either OWNER or ENGINEER under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint. Neither party shall, however, be excused from performance if nonperformance is due to uncontrollable forces which are removable or remediable and which the nonperforming party could have, with the exercise of reasonable diligence, removed or remedied with reasonable dispatch. The provisions of this Article shall not be interpreted or construed to require ENGINEER or OWNER to prevent, settle, or otherwise avoid a strike, work slowdown, or other labor action. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 17 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas. Any suit brought to enforce any provision of this Agreement or for construction of any provision thereof shall be brought in Lubbock County. ARTICLE 18 - MISCELLANEOUS 18.1 Nonwaiver. A waiver by either OWNER or ENGINEER of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. 18.2 Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void. ARTICLE 19 - INTEGRATION AND MODIFICATION This Agreement represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by each of the Parties. ARTICLE 20 - SUCCESSORS AND ASSIGNS OWNER and engineer each binds itself and its successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this Agreement. ARTICLE 21 - ASSIGNMENT Neither OWNER nor ENGINEER shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the other, except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of the Services hereunder. ARTICLE 22 - SUBCONTRACTORS No work herein called for by the ENGINEERS shall be subcontracted to a subcontractor who is not acceptable to the owner or assigned without prior written approval of the OWNER. The ENGINEER shall require subcontracts to conform to the applicable terms of this Contract and include provisions which require subcontractor compliance with OWNER Rules. ARTICLE 23 - THIRD PARTY RIGHTS Nothing herein shall be construed to give any rights or benefits to anyone other than OWNER and ENGINEER. E3 IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF LUBBOCK TEXAS AP OVED AS O CONTENT: Da . Hawkins, P.E. B. C. McMinn, Mayo Director Water Utilities r Attes -- Ranette Boyd City Secretary APPROVED A TO FORM: 44 n c) D n Vandiver First Assistant City Attorney HDR ENGINEERING INC By: j`' f � ' Attest William B. Hagodd, P.E. Henry H. enj s P.E. Senior Vice President Senior Vice Pre ent- ATTACHMENTTB AGREEMENT FOR ENGINEERING SERVICES OWNER: City of Lubbock, Texas PROJECT: Engineering services required to plan and design improvements for the City of Lubbock Water Treatment Plant. COMPENSATION For the services covered by this contract, the OWNER agrees to pay the ENGINEER as follows: A. For Project Management, Meetings, Site Surveys, Subcontracts, Field Data Collection, Drawings and Specifications and Preaward Services for the PROJECT, an hourly billing fee for ENGINEER's personnel services. The fee schedule for the ENGINEER's personnel services are as listed in paragraph C (below). Subcontract personnel services shall be reimbursable expenses and are to be billed at cost. The maximum billed for these ENGINEER's personnel services shall not exceed $512,275.00 without further written authorization. In addition, ENGINEERS and subcontractors reimbursable expenses shall be billed at cost. Billing for reimbursable expenses are estimated to be $271,200. B. For Additional Services, an hourly fee for ENGINEER's personnel as listed in paragraph C (below), plus reimbursable expenses and subcontract billing at cost to ENGINEER. Each item of Additional Services shall be established and agreed to by the OWNER in writing before the work is started. The amount billed for each item of Additional Services shall not exceed the amount established for it without further authorization. Additional amounts for Additional Services may be authorized, if necessary, as the work progresses. C. Hourly fees listed herein for ENGINEER's personnel services will apply until December 31, 1991 and may be changed annually on January 1st for the upcoming twelve (12) month period. Classification Project Principal Project Manager Senior Engineer Project Engineer, P.E. Hourly Billing Rate Range $120 - $190 $110 - $190 $100 - $150 $65-$90 Attachment B Compensation Page 2 Classification Hourly Billing Rate Range Staff Engineer $ 45 - $ 65 Design Technician $ 45 - $ 65 Drafter $ 40 - $ 60 Clerical $ 35 - $ 60 D. The following expenses are reimbursable: 1. Travel, subsistence, and incidental costs. 2. Use of motor vehicles on a monthly rental basis for assigned vehicles and on a current mileage basis or rental cost basis for vehicles used for short periods. 3. Telegraph costs, long distance telephone costs and project "onsite" telephone costs. 4. Reproduction of reports, drawings, and specifications. 5. Postage and shipping charges for project -related materials. 6. Computer time charges including program use charges. 7. Rental charges for use of equipment. 8. Cost of acquiring any other materials or services specifically for and applicable to only this project. E. The ENGINEER agrees to use its best efforts to perform the services as defined in the Agreement within the billing limits stated above. F. Monthly payments shall be made to the ENGINEER by the OWNER based on the ENGINEER's statement. For hourly fee items, the statement shall be itemized to indicate the amount of work performed and the associated reimbursable expenses and subconsultant costs. G. The uncontested amount of each statement shall be due and payable upon receipt by the OWNER. Carrying charges of 1-1/2 percent per month from the billing date, shall be due for accounts which are not paid within 60 days after the billing date. 2 Attachment B Compensation Page 3 H. That the ENGINEER shall start the performance of the services within ten days of receipt of notice to proceed. I. That the ENGINEER shall keep records on the basis of generally accepted accounting practice of costs and expenses and which records shall be available to inspection at reasonable times. 3 ATTACHMENT ENT C AGREEMENT FOR ENGINEERING SERVICES OWNER: City of Lubbock, Texas PROJECT: Engineering services required to plan and design improvements for the City of Lubbock Water Treatment Plant. OWNER'S RESPONSIBILITIES The OWNER will furnish, as required by the work and not at the expense of the ENGINEER, the following items: 1. All maps, drawings, reports, records, audits, annual reports, and other data that are available in the files of the OWNER and which may be useful in the work involved under this contract. 2. Access to public and private property when required in performance of the ENGINEER's services. 3. Office desk space for the ENGINEER's personnel during preliminary investigations. 4. The services of at least one of the OWNER's employees or staff who has the right of entry to, and who has knowledge of, the existing facilities to aid ENGINEER in conduct of field reviews of existing facilities. 5. Property, boundary, easement, right-of-way, and utility surveys and property description, 6. Full information regarding requirements for the PROJECT. 7. Access to the facility and to all available information concerning the facility. 8. A PROJECT MANAGER fully acquainted with the PROJECT who has authority to approve changes in the PROJECT, render decisions promptly, and furnish information expeditiously. �33GS `rIRS ' rT ISSUE DATE (MM/DD1YY) _ �£ y�y W ice. x R.7..ks 4F a"Mum-le d„�' &"" t�ma ,,. rz, PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS j NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Alexander & Alexander Inc. COMPANIES AFFORDING COVERAGE 1E120 Shamrock Plaza - P.C. Box 3388 Omaha, NIA 68103-0388 COMPANY A LETTER _.. ......... .......__,,,.,. _ INSURED COMPANY LETTER B ,C��TY INSURANCE COMPANY OF.WTEXAS HDR ENGINEERING, X. Lc2I COMPANY C+ 8404 INDIAN FILLS DRIVE LETTER [BOTH. CD 'S.,LIEIi II,SERTE. C,T'EXA81_..____. ONRHA, NE 68114 ) COMPANY D LETTER COMPANY E E LETTER PE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ CO_ LTk TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONi DATE (MMIDDNY) i DATE (MM1DDlYY) ; ALL LIMITS IN THOUSANDS GENERAL LABILITY GENERAL AGGREGATE S A..,....._ I COMMERCIAL GENERAL LIABILITY: ie EPA0%07068 _ 6-1- 'PRODUCTS COMPJOPS AGGREGATE 3 _._ CLAIMS MADE' � OCCUR: ; #PERSONAL 8 ADVERTISING INJURYI $500 nJ{ NJA OWNER'S s CONTRACTOR'S PROT' ? EACH OCCURRENCE i $ j AUTOMOBILE LIABILITY ANY AUTO %A ALL OWNED AUTOS j+iJq SCHEDULED AUTOS X HIRED AUTOS X j NON -OWNED AUTOS Mill GARAGE LIABILITY EXCESS LIABILITY A X = UMBRELLR FORM MJA OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION B AND EMPLOYERS' LIABILITY OTHER * WAW9899510 ITX ONLY] UB648iO3M WC-89W@863 iTX ONLY] DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECIAL ITEMS *ADDITIONAL INSURED: CITY 7 LUIBM. CITY OF LUBBOCK P.0. BOX 2000 LUBBOCK, TX 79457 6-1-98 fi-1-91 6-i-90 � 6-1-91 6-1-90 fi-1-91 FIRE DAMAGE (Any one fire) ? $ MEb1CAL EXPENSE (Any one person)} $ COMBINED g SINGLE $ LIMIT jcum BODILY s, u" S INJURY $ {Per person) i N/A BODILY_,.._...Y [NJURY $ (Per accident J I tF PROPERTY is DAMAGE OCCURRENCE STATUTORY 5w (EACH ACCIDENT) 508 DISEASE —POLICY LIMIT) 5500 (DISEASE —EACH EMPLOYEE' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL RN3eftj;RgTjgk MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, E��Li�FF89C�E4Y41t�P1�1K7X��i LL��IId��14 $fXh{TSQt7I�SZ15dIdX���]iCX AUTHORIZED REPRESENTATIVE A. !/ ./ GU 269 01-851 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 12 01 11 85 POLICY CHANGES PODGY NO. POLICY CHANGES COMPANY EFFECTIVE EPA 09897068 12/4/90 NORTHERN INSURANCE COMPANY OF NEW YORK NAMED INSURED AUTHORIZED REPRESENTATIVE CENTERRA CORPORATION, ETAL ALXFANDER& ALEXANDER (ow) COVERAGE PARTS AFFECTED GENERAL LIABILITY CHANGES ADDING ADDITIONAL INSURED PER CG2010 ATTACHED. POLICY EFFECTIVE DATES: 6/1/90 to 6/1/91 NO CHANGE IN PREMIUM lnonz Re resantative Signature �J~ ~ Copyright. Insurance Services Office. Inc__ 1983 pWTHEHTIC POLICY NUMBER: - CL 246 (11-85) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG20101185 ADDITIONAL INSURED ---OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization CITY OF LUBBOCK P. 0. BOX 2000 LUBBOCK, TX 79457 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. NAMED INSURED: POLICY EFFECTIVE: AGENT: +rrHrnn JB 12/4/90 CENTERRA CORPORATION 6/1/90 to 6/1/91 ALEXANDER & ALEXANDER (OMAHA) Copyright, Insurance Services Office. Inc., 1984 AI:Ill:fl� PRODUCER INSURED Alexander & Alexander Inc. 12120 Shamrock Plaza - P.O. Box 3388 Oraha, Ne 68103-0388 HDR ENGINEERING, INC. 8404 INDIAN HILLS DRIVE OMAHA, NE 68114-4049 ISSUE DATE (MM/DD/YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW I COMPANY A LETTER COMPANY B ., LETTER [15] COMPANY LETTER r+ COMPANY D LETTER COMPANY E LETTER COMPANIES AFFORDING COVERAGE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE?POLICY EXPIRATION, TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY) DATE (MM/DDIYY) i ALL LIMITS IN THOUSANDS GENERAL LIABILITY N/fA COMMERCIAL GENERAL LIABILITY NIA CLAIMS MADE N/W OCCUR . , ..,,.. N10 OWNER'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY NIA ANY AUTO Nllq ALL OWNED AUTOS NIA SCHEDULED AUTOS NIA HIRED AUTOS NIA NON -OWNED AUTOS yiM GARAGE LIA131LITY EXCESS LIABILITY OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER A ARCHS & MRS EGR5426025 PROFESSIONAL LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 GENERAL AGGREGATE j $ PRODUCTS•COMPIOPS AGGREGATE( $ ' PERSONAL & ADVERTISING INJURY i $ _ 9 EACH OCCURRENCE s $ N is ^ { FIRE DAMAGE (Any one fire) $ __...« ,�....__ MEDICAL EXPENSE (Any one person)1 $ .,. COMBINED SINGLE LIMIT... .. _ ...._. BODILY INJURY i$ ' V Cy; (Per person) NIA BODILY MkgE fp t . INJURY $ (Per accident] IA � _ tl PROPERTY I DAMAGE NIA °u a__.__ EACH OCCURRENCEi ...M AGGRE �_. $ NIA $ NIA STATUTORY (EACH ACCIDENT) (DISEASE —POLICY LIMIT) (DISEASE —EACH EMPLOYEE, 8-15-90 8-15-91 $2,ON, ON PER CLAIM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.