HomeMy WebLinkAboutResolution - 2020-R0003 - Professional Services Contract With Agri-Waste Technology - 01/14/2020 Resolution No. 2020-R0003
Item No. 6.7
January 14, 2020
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Professional Services Contract for Engineering
Services, by and between the City of Lubbock and Agri-Waste Technology, Inc., and related
documents. Said Contract is attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on January 14, 2020
DANIEL M. POPE, MAYOR
ATTEST:
)p d�J�
Re ecca Garza, City Secr ar
APPROVED AS TO CONTENT:
Aubrey A. Spear E., Director of Water Utilities
APPROVED AS TO FORM:
A y ms, D u C'
RES. Agri-Waste Tecnology 12-16-19
Resolution No. 2020-R0003
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") #15070 is entered into this 14th
day of January, 2020, by and between the City of Lubbock (the "City"), a Texas home rule
municipal corporation, and Agri-Waste Technology, Inc. (the "Engineer" or "AWT"), a North
Carolina corporation.
WITNESSETH
WHEREAS, Engineer has substantial skill and experience in the fields of agronomy
and soil science and the management, evaluation and remediation of land application of
effluent (the "Activities");
WHEREAS, after consideration of the work experience and other qualifications of the
Engineer, the City has determined that the Engineer possesses significant abilities and
experience in regard to the Activities and has agreed to perform services related to the
Activities for a fair and reasonable price;
WHEREAS, the City desires to contract with the Engineer to perform services related
to the Activities and the 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 the Engineer agree as follows:
ARTICLE I
Services
1.01 Engineer shall conduct all activities, as set forth on Exhibit "A", "Scope of Work",
attached hereto (the "Services"). The Services shall be completed by the Engineer as
provided in the Scope of Service. In addition to the specifically described tasks, the
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Engineer shall also conduct the activities described in the Scope of Work relating to
described specific tasks (the"Task-5 Additional Services"), as requested by the City.
1.02 The services related to the Activities, including any product deliverable thereof, is
performed at the direction of the City Attorney of the City and such work is privileged
under the attorney-client privilege and the attorney work product privilege. The work, or
any aspect thereof, related to the Activities shall not be disclosed to any other party or
entity without the express approval of the City Attorney of the City.
ARTICLE 11
Compensation and Term
2.01 The consideration to be paid for the Services to be provided to the City as described in
Article I shall be as provided on Exhibit "A", attached hereto, not to exceed the sum of
One Hundred Sixty Nine Thousand and 001100 ($169,000.00). The Task 5 Additional
Services shall be payable upon the hourly rates and fees as set forth in Exhibit "A";
provided, however, the Engineer agrees to obtain City's prior written approval of all fees
and charges for Task 5 Additional Services shall not exceed the total accumulated sum of
Eighteen Thousand and 001100 ($18,000). If, during the term of this Agreement, it is
determined that the Engineer's total accumulated fees and charges for Additional
Services will exceed the sum of Eighteen Thousand and 001100 ($18,000), then, upon
mutual agreement of the parties at such time, this Agreement may be amended setting
forth the payment of compensation to the Engineer for Task 5 Additional Services in
excess of said sum. The amount payable hereunder shall be invoiced to the City on a
monthly basis as the work is performed, and shall be payable by the City within thirty
(30) days after receipt of same. Except as differentiated in Section 1.01 and Section 2.01,
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the terms "Services" and "Additional Services" shall be collectively referred to herein as
"Services".
2.02 This Agreement shall expire 365 days after the date of execution. If the Engineer
determines that additional time is required to complete the Services, the Director of
Water Utilities may, but is not obligated to, in his discretion, execute an agreement to
grant up to an additional six (6) months of time so long the amount of the consideration
does not increase. An amendment to this Agreement resulting in an increase in the
amount of the consideration must be approved by the City acting through its governing
body. Either party may terminate this Agreement for convenience by providing written
notice to the other party at least five (5) 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
the Engineer only for services actually performed by the Engineer up to and including the
effective date of termination.
ARTICLE III
Independent Contractor
3.01 It is understood and agreed that the Engineer is to perform the Services in a sound and
professional manner and exercising the degree of care, skill and diligence in the
performance of the Services as a reasonable and prudent engineer; and the Engineer
hereby warrants to the City that the Services shall be so performed. Further, the Engineer
is and shall be considered at all times an independent contractor under this Agreement
and/or in its services, hereunder. During the performance of the Services under this
Agreement, the Engineer and Engineer's employees shall not be considered, for any
purpose, employees or agents of the City within the meaning or the application of any
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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
4.01 Engineer's Defaults/City's Remedies. In the event either party shall default in the
performance of any term or provision of this Agreement for any reason other than failure
by the other party to perform hereunder, the non-defaulting party may, if said default
shall be continuing after five (5) days notice of such default is delivered to the defaulting
party, exercise any right or remedy available to it by law, contract, equity or otherwise,
including without limitation, 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/Indemnily
5.01 The Engineer shall procure and carry, at its sole cost and expense through the life of this
Agreement, insurance protection as hereinafter specified, in form and substance
satisfactory to City, carried with an insurance company authorized to transact business in
the state of Texas, covering all aspects and risks of loss of all operations in connection
with this Agreement, including without limitation, the indemnity obligations set forth
herein.
The Engineer shall obtain and maintain in full force and effect during the term of
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this Agreement, commercial general liability and professional liability coverage with
insurance carriers admitted to do business in the state of Texas. The insurance companies
must carry a Best's Rating of A-VII or better. The policies will be written on an
occurrence basis, subject to the following minimum limits of liability:
Commercial General Liability:
Per Occurrence Single Limit: $1,000,000
General Aggregate Limit: $2,000,000
Professional Liability (to include Environmental Liability):
Combined Single Limit: $1,000,000
Automotive Liability(Any Auto)
Combined Single Limit: $500,000
Employer's Liability:
Per Occurrence Single Limit: $1,000,000
Work Comp $500,000
The City shall be listed as an additional insured on a primary of non-contributory basis
with respect to the Commercial General Liability. The Engineer shall provide a
Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide
30 days notice to City of cancellation. A copy of the primary and non-contributory
additional insured endorsement and waiver of subrogation attached to the policy will be
included in the Certificate.
The Engineer shall elect to obtain worker's compensation coverage pursuant to
Section 406.002 of the Texas Labor Code. Further, the Engineer shall maintain said
coverage throughout the term of this Agreement and shall comply with all provisions of
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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.
Employer's Liability with limits of at least $100,000 each accident, $500,000 by
disease policy Iii-nit, and $100,000 by disease each employee shall also be obtained and
maintained throughout the tenn of this Agreement.
If at any time during the life of the Agreement or any extension hereof, the
Engineer fails to maintain the required insurance in full force and effect, the Engineer
shall be in breach hereof and all work under this Agreement shall be discontinued
immediately.
ENGINEER HEREBY RELEASES THE CITY AND THE CITY'S ELECTED
OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INDEPENDENT
CONTRACTORS, FOR ITSELF, ITS EMPLOYEES AND AGENTS, AND 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, ARISING FROM, OR RELATED TO ENGINEER'S USE OR
OCCUPATION OF CITY OWNED LANDS, AND/OR ANY MATTER RELATED TO
ENGINEER'S ACTIVITIES, PERFORMANCES, OPERATIONS OR OMISSIONS
UNDER THIS AGREEMENT.
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ARTICLE VI
Miscellaneous
6.1 The Engineer shall comply with all laws, statutes, regulations, ordinances, rules and any
other legal requirement related to, in any way, manner or form, the performance of the
Services contemplated herein.
6.02 Any notice required by this Agreement shall be deemed to be properly served, if (i)
provided in person or by telephonic facsimile; or (ii) deposited in the United States mail
by certified letter, return receipt requested, addressed to the recipient at recipient's
address shown below, subject to the right of either party to designate a different address
by notice given in the manner just described. Notice shall be deemed to be received
when delivered if provided in person or by telephonic facsimile or, if deposited in the
United States mail, as set forth above, three (3) days after depositing such notice in the
United States mail, as set forth above.
For City:
Neil Weems, Enviromnental Compliance Coordinator
City of Lubbock
P.O. Box 2000
Lubbock, TX 79457
Facsimile: 806-775-3027
For Engineer:
Chris Mosley, CEO
501 N. Salem St., Suite 203
Apex, NC 27502
Facsimile: (919) 233-1970
6.3 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT
REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION
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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.
6.4 This Agreement represents the entire and sole agreement between the City and the
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.
6.5 Nothing contained herein shall be construed to imply a joint venture, joint enterprise,
partnership or principal—agent relationship between the Engineer and the City.
6.6 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.
6.7 Any and all work product prepared by the Engineer as part of the Services hereunder,
shall become the property of the City when the Engineer has been compensated as set
forth in Section 2.01, above.
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6.8 A waiver by either City or Engineer of a breach of this Agreement shall be in writing. 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.
6.9 The Engineer may not assign this Agreement, in whole or in part, without the written
consent of such assignment by the City. City and the Engineer each bind itself or
himself, their legal representatives and permitted assigns in respect to all provisions of
this Agreement.
6.10 Nothing in this Agreement shall be construed to provide any rights or benefits
whatsoever to any party other than City and the Engineer.
6.11 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, the Engineer to all
terms and provisions of this Agreement, and that such person possesses authority to
execute this Agreement and bind the Engineer hereto.
6.12 The City reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of
relief in a court of competent jurisdiction. Further, the City shall not be subject to any
arbitration process prior to exercising its unrestricted right to seek judicial remedy. The
remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another provision
in, or related to, this document, the former shall control.
6.13 No Boycott of Israel. The Consultant warrants that it complies with Chapter 2270,
Subtitle F,Title 10 of the Texas Government Code by Verifying that:
(1) The Consultant does not boycott Israel; and
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(2) The Consultant will not boycott Israel during the term of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly
authorized representatives as of the date first written above.
CITY OF LUBBO K
Daniel M. Pope, Mayor
ATTEST:
Re cca Garza, City Sec t
rt'
APPROVED AS TO CONTENT:
Aubrey A. Sp16
P.E.,Dir for of Water Utilities
APPROVED AS TO FORM:
my L ns, Deputy Ci ttorney
Agri-Waste Technology, Inc.
Oe_-n- 2
Chris Mosley, CEO
AWT Contract 2020
11.26.2019
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Exhibit A
SCOPE OF WORT{
Task 1: Water/Nitrogen Balance Modeling and Reporting
Task 1.1 Weekly Activities
1. Weekly water and nitrogen application report shall be based on the output of the water
and nitrogen balance model and include:
a. Significant non-routine issues requiring attention
b. Reservoir levels for that week
c. Pumping summaries from WWTF
d. Pumping summaries to plots and outfalls
e. Available storage in reservoirs
f. Recommended applications to plots during the upcoming week
i. In gallons and inches
ii. Including special notes required
2. Data table updates to model, including effluent data updates and land application
spreadsheets
3. Weekly Summary Report shall include:
a. Summary of applications for the previous week
i. Recommended application
ii. Actual application
iii. Difference
iv. Planned annual PAN application (pounds of N per acre)
v. Year to date PAN application (pounds of N per acre and percent of
planned)
vi. Special notes and explanations for differences over 0.5 inches of irrigation
b. Significant non-routine issues requiring attention
Task 1.2 Quarterly Activities
1. Update of soil data in model—during the year the City of Lubbock will provide updated
soil analysis results. These results will be incorporated into the model.
2. Crop information updates—approximately quarterly the City will provide updated crop
information(crop location, condition, and harvest)to the contractor, these updates will be
incorporated into the model.
3. GIS updates
a. Delivery of updated shapefiles and other data to the City
4. The contractor's project manager will prepare a brief quarterly report. The project
manager will contact, by phone,the technical representative to briefly discuss the
quarterly report. The report should be approximately 1 to 2 pages and cover:
a. Needs from the client
b. Upcoming deliverables to client/others
c. Completed&upcoming milestones,events, and meetings
d. Outstanding issues
1
Task 1.3 Annual Activities
1. Annual model update and preparation(September)—each year the contractor will
completely update and prepare the model for use during the upcoming year. The revised
model upcoming year and the completed and closed-out model for the previous year will
be provided in electronic format to the technical representative.
2. Annual model projections by month—each year the contractor will use the updated
model,using historical average precipitation,the latest soil samples,effluent analyses for
the previous year and projected flows from the SEVWRP,to provide a snapshot of the
projected applications needed for each plot on a monthly basis
Task 2 Model Simulations for Maiiagement Changes
Full rerun/update of model—during the year it is expected that the City will require a full
scale rerun or update to the model, either to simulate proposed management changes or
reflect actual management changes. This is expected to be required approximately four
times per year.
Task 3 Site Visits
1. Agronomist site visit to verify model parameters(winter and summer)—the contractor
will schedule two site visits by an agronomist(one accompanied by engineer) through the
technical representative. During these site visits the contractor's agronomist will verify
that conditions at LLAS and HLAS are consistent with the model parameters being used
for weekly recommendations.
2. Agronomist site visit report—the contractor will develop a report providing notes from
the visit and identifying any issues requiring attention.
3. HLAS SAR inspection and report(during a semi-annual site visit)—during one of the
semi-annual site visits described above, the contractor's agronomist will evaluate soil
profiles in 3-6 fields at HLAS for evidence of infiltration problems associated with high
sodium adsorption ratios.
Task 4 LLAS Recharge Estimates
LLAS recharge estimate (Spring)—the contractor will prepare an estimate of the leached effluent
and excess N applied at the LLAS for the previous year. This estimate will be based on actual
application records, effluent analyses and weather data. The contractor will prepare a projection
of similar information for the current year and the next 4 years.
Task 5 Additional Services
Upon request, additional services can be provided. The additional services may relate to TCEQ
compliance activities,additional model simulations, site visits, recharge estimates, or any other
related activity within the scope of services provided.
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Budget for Routine Services
Task 1: Water/Nitrogen Balance Modeling and Reporting Total of$83,500
Task 1.1: Weekly Activities as indicated in the scope of services billed as a lump stun of:
$4,250 per month
Task 1.2: Quarterly Activities as indicated in the scope of services billed as a lump sum
of: $4,750 per quarter
Task 1.3: Annual Activities as indicated in the scope of services billed as a lump sum of:
$13,500 per year
Task 2: Model Simulations for Management Changes as indicated in the scope of services billed
as a lump sum of: $5,625 per quarter
Task 3: Site Visits as indicated in the scope of services billed as a lump sum of:
$21,000 per year
Task 4: LLAS Recharge Estimates as indicated in the scope of services billed as a lump sum of.
$24,000 per year
Task 5: Additional Services requested by the City, AWT agrees to perform such work at the
hourly rates and fee reimbursements included in the schedule of fees and do not exceed a total of
$18,000 per year, paid at percent completed of rendered services.
Summary Table
Task Description Unit Amt. Unit Total Amt.
1 Water/Nitrogen Balance Modeling and - - -
Reporting
1.1 Weekly Activities $4,250 12 $51,000
1.2 Quarterly Activities $4,750 4 $19,000
1.3 Annual Activities $13,500 1 1 $13,500
2 Model Simulations $5,625 4 $22,500
3 Site Visits - - -
3.1 LLAS and IILAS Winter- $7,000 1 $7,000
.3.2/3.3 LLAS and I ILAS Summer/HLAS SAR $14,000 1 $14,000
Inspection
4 LLAS Recharge Estimates $8,000 3 $24,000
5 Additional Services as Requested by the City Schedule of Fees NA $18,000
Total $169,000
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SCHEDULE OF FEES
Fees for the Year 2019
Staff Rate
Kevin Davidson $125.00 per hr;$1,375.00 per day
$187.50 per hr(legal rate)
Chris Mosley $125.00 per hr;$1,375.00 per day
$187.50 per hr(legal rate)
Hal Langenbach $125.00 per hr;$1,375.00 per day
$187.50 per hr(legal rate)
Jeff Vaughan $125.00 per hr;$1,375.00 per day
$187.50 per hr(legal rate)
Chris McGee $125.00 per hr;$1,375.00 per day
$187.50 per hr(legal rate)
Karl Shaffer $105.00 per hr;$1,155.00 per day
Kathy Morris $105.00 per hr;$1,155.00 per day
Adam Gaines $100.00 per hr;$1,100.00 per day
Jolie Davidson $95.00 per hr;$1,045.00 per day
Scott Jones $95.00 per hr;$1,045.00 per day
Kevin Chapman $95.00 per hr;$1,045.00 per day
Travis Sexton $80.00 per hr;$880.00 per day
Trent Bostic $80.00 per hr;$880.00 per day
Alex Thompson $80.00 per hr;$880.00 per day
Gary Morehouse $80.00 per hr;$880.00 per day
Trevor Hackney $70.00 per hr;$770.00 per day
Engineering/CAD Technician $60.00 per hr
Field Technician $50.00 per hr
Administration Services $50.00 per hr
Reimbursable Expenses:
Air"Travel Cost
Lodging Cost
Mileage $0.58/111ile
Mcals Cost
Miscellaneous Direct Project Expenses Cost+ 15%
Postage Cost
Shipping(Fed Ex.UPS.etc.) Cost