HomeMy WebLinkAboutResolution - 2001-R0289 - Contract To Start A Pilot-Scale Water Treatment Plant - Camp Dresser & Mckee - 07/12/2001Resolution No. 2001—RO289
July 12, 2001
Item No. 38
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 Contract for the design
and start up of a pilot -scale water treatment plant, by and between the City of Lubbock
and Camp Dresser & McKee, Inc. of Fort Worth, Texas, 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 this 12th
ATTEST:
Rebecca Garza, City Secretar
APPROVED AS TO CONTENT:
Victor Kilman, P&chasing Manager
APPROVED AS TO FORM:
Ap---
William de Haas
Contract Manager/Attorney
gs/ccdocs/Contract-Engineering Servs.res
June 29, 2001
day of July , 2001.
IrMIRNMV• •
Resolution No. 2001—RO289
July 12, 2001
Item No. 38
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER FOR
PROFESSIONAL DESIGN, BIDDING AND CONSTRUCTION SERVICES
THIS IS AN AGREEMENT made as of July 12th, 2001 between City of Lubbock ("OWNER") and Camp Dresser
& McKee Inc. ("ENGINEER").
OWNER intends to employ ENGINEER to provide engineering services for the design and start up of a Pilot -scale water
treatment plant (the "Project").
OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance or
furnishing of professional engineering services by ENGINEER with respect to the Project and the payment for those
services by OWNER as set forth below. Execution of this Agreement by ENGINEER and OWNER constitutes
OWNER's written authorization to ENGINEER to proceed on the date first above written with the Basic Services
described in Article 2 below and as further set forth in Exhibit A, "Further Description of Engineering Services and
Related Matters" ("Exhibit A") and in the other exhibits listed in Article 9 below. This Agreement will become effective
on the date first above written.
ARTICLE 1 - GENERAL
I.I. Standard of Care
ENGINEER shall perform for or furnish to OWNER professional engineering and related services in all phases
of the Project to which this Agreement applies as hereinafter provided. ENGINEER shall serve as OWNER's
prime design professional and engineering representative for the Project providing professional engineering
consultation and advice with respect thereto. ENGINEER may employ such ENGINEER's Subcontractors as
ENGINEER deems necessary to assist in the performance or furnishing of professional engineering and related
services hereunder. ENGINEER shall not be required to employ any OWNER's Subcontractors unacceptable
to ENGINEER.
The standard of care for all professional engineering and related services performed or furnished by ENGINEER
under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession
practicing under similar conditions at the same time and in the same locality.
1.2 Coordination with Other Documents
It is the intention of the parties that the Standard General Conditions will be used as the General Conditions for
the Project and that all amendments thereof and supplements thereto will be generally consistent therewith.
Except as otherwise defined herein, the terms which have an initial capital letter in this Agreement and are
defined in the Standard General Conditions will be used in this Agreement as defined in the Standard General
Conditions. The term "defective" will be used in this Agreement as defined in the Standard General Conditions.
1.3. Definitions
Wherever used in this Agreement the following terms have the meanings indicated which are applicable to both
the singular and plural thereof:
1.3.1. Special Services
Special Services means the services to be performed for or furnished to OWNER by ENGINEER
described in Article 3 of this Agreement.
Prof. Design, Bidding & Construction Services 3/2000 Page I
1.3.2. Agreement
Agreement means this Standard Form of Agreement between OWNER and ENGINEER for Professional
Services including those exhibits listed in Article 9 of this Agreement.
1.3.3. Basic Services
Basic Services means the services to be performed for or furnished to OWNER by ENGINEER
described in Article 2 of this Agreement.
1.3.4. Construction Cost
Construction Cost means the total cost to OWNER of those portions of the entire Project designed or
specified by ENGINEER. Construction Cost does not include ENGINEER's compensation and
expenses, the cost of land, rights-of-way, or compensation for or damages to properties, or OWNER's
legal accounting, insurance counseling or auditing services, or interest and financing charges incurred in
connection with the Project or the cost of other services to be provided by others to OWNER pursuant to
Article 4 of this Agreement. Construction Cost is one of the items comprising Total Project Costs.
1.3.5. Contractor
Contractor means the person or entity with whom OWNER enters into a written agreement covering
construction work to be performed or furnished with respect to the Project.
1.3.6. ENGINEER's Subcontractor
ENGINEER's Subcontractor means a person or entity having a contract with ENGINEER to perform or
furnish Basic or Special Services as ENGINEER's independent professional associate or subcontractor
engaged directly on the Project.
1.3.7. Reimbursable Expenses.
Reimbursable Expenses means the expenses incurred directly in connection with the performance or
furnishing of Basic and Special Services for the Project for which OWNER shall pay ENGINEER as
indicated in Exhibit A.
1.3.8. Resident Project Representative
Resident Project Representative means the authorized representative of ENGINEER who will be
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 OWNER. The duties and responsibilities of the Resident Project
Representative are set forth in Exhibit B, "Duties, Responsibilities and Limitations of Authority of
Resident Project Representative" ("Exhibit B").
1.3.9. Standard General Conditions.
Standard General Conditions means the Standard General Conditions of the Construction Contract (No.
1910-8) (1996 Edition) of the Engineers Joint Contract Documents Committee.
1.3.10. Total Project Costs
Total Project Costs means the sum of the Construction Cost, allowances for contingencies, the total costs
of design professional and related services provided by ENGINEER and (on the basis of information
furnished by OWNER) allowances for such other items as charges of all other professionals and consul-
tants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest
and financing charges and for other services to be provided by others to OWNER under Article 4.
Prof. Design, Bidding & Construction Services 3/2000 Page 2
ARTICLE 2 - BASIC SERVICES OF ENGINEER
2.1. Design Phase
2.1.1. Prepare for incorporation in the Contract Documents final Drawings showing the scope, extent and
character of the work to be performed and furnished by Contractor and Specifications (which will be
prepared, where appropriate, in general conformance with the sixteen division format of the
Construction Specifications Institute).
2.1.2. Provide technical criteria, written descriptions and design data for OWNER's use in filing applications
for permits with or obtaining approvals of such governmental authorities as have jurisdiction to review
or approve the final design of the Project, and assist OWNER in consultations with appropriate
authorities.
2.1.3. Advise OWNER of any adjustments to the opinion ofprobable Construction Cost and any adjustments
to Total Project Costs known to ENGINEER as a result of changes in scope, extent or character or
design requirements of the Project.
2.1.4. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement
forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations
to bid and instructions to bidders, and assist in the preparation of other related documents.
2.1.5. Furnish five copies of the above documents, Drawings and Specifications to and review them with
OWNER.
2.1.6. ENGINEER's services under the Design Phase will be considered complete at the earlier of (1) the date
when the submittals have been accepted by OWNER or (2) thirty (30) days after the date when such
submittals are delivered to OWNER for final acceptance, plus in each case such additional time as may
be considered reasonable for obtaining approval of governmental authorities having jurisdiction to
approve the portions of the Project designed or specified by ENGINEER, if such approval is to be
obtained during the Design Phase.
The duties and responsibilities of ENGINEER during the Design Phase are amended and supplemented
as indicated in Exhibit A.
2.2. Bidding or Negotiating_ Phase
After acceptance by OWNER of the ENGINEER's Drawings, Specifications and other Design Phase
documentation (including the most recent opinion ofprobable Construction Cost), and upon written authorization
to proceed, ENGINEER shall:
2.2.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for the contract for
construction, materials, equipment and services; and, where applicable, maintain a record ofprospective
bidders to whom Bidding Documents have been issued, attend pre-bid conferences, if any, and receive
and process deposits for Bidding Documents.
2.2.2. Issue Addenda as appropriate to clarify, correct or change the Bidding Documents.
2.2.3. Consult with OWNER as to the acceptability of subcontractors, suppliers and other persons and entities
proposed by Contractor for those portions of the work as to which such acceptability is required by the
Bidding Documents.
2.2.4. Attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids orproposals
and in assembling and awarding contracts for construction, materials, equipment and services.
Prof. Design, Bidding & Construction Services 3/2000 Page 3
2.2.5. The Bidding or Negotiating Phase will terminate and the services to be performed or famished
thereunder will be considered complete upon commencement of the Construction Phase or upon
cessation of negotiations with prospective Contractors.
The duties and responsibilities of ENGINEER during the Bidding or Negotiating Phase as set forth in
this paragraph 2.2 are amended and supplemented as indicated in Exhibit A.
2.3. Construction Phase
During the Construction Phase:
2.3.1. General Administration of Construction Contract
ENGINEER shall consult with and advise OWNER and act as OWNER's representative as provided in
the Standard General Conditions. The extent and limitations of the duties, responsibilities and authority
of ENGINEER as assigned in said Standard General Conditions shall not be modified, except to the
extent provided in Exhibit A and except as ENGINEER may otherwise agree in writing. All of
OWNER's instructions to Contractor will be issued through ENGINEER who shall have authority to act
on behalf of OWNER in dealings with Contractor to the extent provided in this Agreement and said
Standard General Conditions except as otherwise provided in writing.
2.3.2. Visits to Site and Observation of Construction
In connection with observations of the work of Contractor while in progress:
2.3.2.1. ENGINEER shall make visits to the site at intervals appropriate to the various stages of
construction as ENGINEER deems necessary in order to observe as an experienced and
qualified design professional the progress and quality of the various aspects of Contractor's
work. In addition, ENGINEER shall provide the services of a Resident Project
Representative at the site to assist ENGINEER and to provide more continuous observations
of such work. The furnishing of such Resident Project Representative services will not
extend ENGINEER's responsibilities or authority beyond the specific limits set forth
elsewhere in this paragraph 2.3. Such visits and observations by ENGINEER and the
Resident Project Representative are not intended to be exhaustive or to extend to every aspect
of the work in progress, or to involve detailed inspections of the work 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. Based on information obtained
during such visits and such observations, ENGINEER shall endeavor to determine in general
if such work is proceeding in accordance with the Contract Documents and ENGINEER shall
keep OWNER informed of the progress of the work. The responsibilities of ENGINEER
contained in this paragraph are expressly subject to the limitations set forth in paragraph
2.3.2.2 and other express or general limitations in this Agreement and elsewhere.
2.3.2.2. The purpose of ENGINEER's visits to and representation by the Resident Project
Representative at the site will be to enable ENGINEER to better carry out the duties and
responsibilities assigned to and undertaken by ENGINEER during the Construction Phase,
and, in addition, by the exercise of ENGINEER's efforts as an experienced and qualified
design professional, to provide for OWNER a greater degree of confidence that the completed
work of Contractor will conform in general to the Contract Documents and that the integrity
of the design concept of the completed Project as a functioning whole as indicated in the
Contract Documents has been implemented and preserved by Contractor. On the other hand,
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 the work of Contractor or for any failure of Contractor to comply with
Prof. Design, Bidding & Construction Services 3/2000 Page 4
laws, rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and
performing the work. Accordingly, ENGINEER neither guarantees the performance of any
Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its
work in accordance with the Contract Documents.
2.3.3. Defective Work
During such visits and on the basis of such observations, ENGINEER shall have authority to
disapprove of or reject Contractor's work while it is in progress if ENGINEER believes that
such work will not produce a completed Project that conforms generally to the Contract
Documents or that it will prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated in the Contract Documents.
2.3.4. Clarifications and Interpretations; Field Orders
ENGINEER shall issue necessary clarifications and interpretations of the Contract
Documents as appropriate to the orderly completion of the 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.
2.3.5. Change Orders and Work Change Directives
ENGINEER shall recommend Change Orders and Work Change Directives to OWNER as
appropriate, and shall prepare Change Orders and Work Change Directives as required.
2.3,6. Shop Drawings
ENGINEER shall review and approve (or take other appropriate action in respect of) Shop
Drawings and Samples 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.
2.3.7. Substitutes
ENGINEER shall evaluate and determine the acceptability of substitute or "or -equal"
materials and equipment proposed by Contractor, but subject to the provisions of paragraph
3.2.2.
2.3.8. Inspections and Tests
ENGINEER may require special inspections or tests of the work, and shall receive and
review all certificates of inspections, tests and approvals required by laws, rules, regulations,
ordinances, codes, orders or the Contract Documents. ENGINEER's review of such
certificates will be for the purpose of determining that the results certified indicate
compliance with the Contract Documents and will not constitute an independent evaluation
that the content or procedures of such inspections, tests or approvals comply with the
requirements of the Contract Documents. ENGINEER shall be entitled to rely on the results
of such tests.
2.3.9. Disagreements between OWNER and Contractor
ENGINEER shall render the initial decisions on all claims of OWNER and Contractor
relating to the acceptability of the work or the interpretation of the requirements of the
Contract Documents pertaining to the execution and progress of the work. 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.
2.3.10. Applications for Payment
Prof. Design, Bidding & Construction Services 3/2000 Page 5
Based on ENGINEER's on-site observations as an experienced and qualified design
professional and on review of Applications for Payment and the accompanying data and
schedules:
2.3.10.1. ENGINEER shall 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, the work has
progressed to the point indicated, the quality of such work is generally in
accordance with the Contract Documents (subject to an evaluation of such work as
a functioning whole prior to or upon Substantial Completion, to the results of any
subsequent tests called for in the Contract Documents and to any other
qualifications stated in the recommendation), and the conditions precedent to
Contractor's being entitled to such payment appear to have been fulfilled in so far
as it is ENGINEER's responsibility to observe the work. In the case of unit price
work, ENGINEER's recommendations ofpayment will include final determinations
of quantities and classifications of such work (subject to any subsequent
adjustments allowed by the Contract Documents). The responsibilities of
ENGINEER contained in paragraph 2.3.10.1 are expressly subject to the limitations
set forth in paragraph 2.3.10.2 and other express or general limitations in this
Agreement and elsewhere.
2.3.10.2. By recommending any payment ENGINEER shall not thereby be deemed to have
represented that on-site observations made by ENGINEER to check the quality or
quantity of Contractor's work as it is performed and furnished have been
exhaustive, extended to every aspect of the work in progress, or involved detailed
inspections of the work beyond the responsibilities specifically assigned to
ENGINEER in this Agreement and the Contract Documents. 'Neither
ENGINEER's review of Contractor's work for the purposes of recommending
payments nor ENGINEER's recommendation of any payment (including final
payment) will impose on ENGINEER responsibility to supervise, direct or control
such work or for the means, methods, techniques, sequences or procedures of
construction or safety precautions or programs incident thereto, or Contractor's
compliance with laws, rules, regulations, ordinances, codes or orders applicable to
Contractor's furnishing and performing the work. It will also not impose
responsibility on ENGINEER to make any examination to ascertain how or for
what purposes Contractor has used the moneys paid on account of the Contract
Price, or to determine that title to any of the work, materials or equipment has
passed to OWNER free and clear of any liens, claims, security interests or
encumbrances, or that there may not be other matters at issue between OWNER
and Contractor that might affect the amount that should be paid.
2.3.11. Contractor's Completion Documents
ENGINEER shall receive, review and transmit to OWNER with written comments
maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other
evidence of insurance required by the Contract Documents, certificates of inspection, tests and
approvals, and marked -up record documents (including Shop Drawings, Samples and other
data approved as provided under paragraph 2.3.6 and marked -up record Drawings) which are
to be assembled by Contractor in accordance with the Contract Documents to obtain final
payment. ENGINEER's review of such documents will only be to determine generally that
their content complies with the requirements of, and in the case of certificates of inspections,
tests and approvals that the results certified indicate compliance with, the Contract Documents.
Prof. Design, Bidding & Construction Services 3/2000 Page 6
2.3.12. .Substantial Completion
Following notice from Contractor that Contractor considers the entire work ready for its
intended use, ENGINEER and OWNER, accompanied by Contractor, shall 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.
2.3.13. Final Notice of Acceptability of the Work
ENGINEER shall 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 indicate that the
work is acceptable (subject to the provisions ofparagraph 2.3.10.2) to the best of ENGINEER's
knowledge, information and belief and based on the extent of the services'performed and
furnished by ENGINEER under this Agreement.
2.3.14. Limitation of Responsibilities
ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any
subcontractor, any supplier, or of any other person or organization performing or furnishing
any of the work, except for its own subcontractor under ENGINEER's direct control.
ENGINEER shall not, in the performance of its services hereunder, 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(s), for safety precautions and programs incident to the work of Contractor(s) or for
any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders
applicable to Contractor(s) furnishing and performing their work. Accordingly, ENGINEER
shall not be responsible for Contractor's failure to perform or furnish the work in accordance
with the Contract Documents.
2.3.15. Duration of Construction Phase
The Construction Phase will commence with the execution of the construction contract for the
Project or any part thereof and will terminate upon written recommendation by ENGINEER of
final payment. The duties and responsibilities of ENGINEER during the Construction Phase as
set forth in this paragraph 2.3 are amended and supplemented as indicated in Exhibit A.
2.4. Operational Phase
During the Operational Phase, ENGINEER shall, when requested by OWNER:
2.4.1. Provide assistance in connection with the refining and adjusting of any equipment or system.
2.4.2. Assist OWNER in training OWNER's staff to operate and maintain the Project.
2.4.3. Assist OWNER in developing systems and procedures for control of the operation and maintenance of
and record keeping for the Project.
2.4.4. Prepare a set of reproducible record drawings showing record information which ENGINEER considers
significant based on the Drawings, Shop Drawings, and other record documents furnished by Contractor
to ENGINEER which were annotated by Contractor to show all changes made during construction.
ENGINEER will not be responsible for any errors in or omissions in the information provided by
Contractor that is incorporated in the record drawings or other record documents.
2.4.5. In company with OWNER, visit the Project to observe any apparent defects in the completed work,
assist OWNER in consultations and discussions with Contractor concerning correction of such defects,
and make recommendations as to replacement or correction of defective work.
2.4.6. Provide miscellaneous services as requested by OWNER in connection with Project closeout.
Prof. Design, Bidding & Construction Services 3/2000 Page 7
2.4.7. The Operational Phase may commence during the Construction Phase and will terminate one year after
the date of Substantial Completion.
The duties and responsibilities of ENGINEER during the Operational Phase as set forth in this paragraph 2.4 are
amended and supplemented as indicated in Exhibit A.
ARTICLE 3 - SPECIAL SERVICES OF ENGINEER
3.1. Services Requiring Authorization in Advance
If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Special Services of the types
listed in paragraphs 3.1.1 through 3.1.16, inclusive, as amended and supplemented as indicated in Exhibit A.
These services are not included as part of Basic Services except to the extent otherwise provided in Exhibit A.
These services will be paid for by OWNER as indicated in Article 6.
3.1.1. 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
effect on the design requirements of 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.
3.1.2. 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.
3.1.3. 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, rules, regulations, ordinances, codes or orders enacted
subsequent to the effective date of this Agreement, or are due to any other causes beyond ENGINEER's
control.
3.1.4. Providing renderings or models for OWNER's use
3.1.5. Preparing documents for alternate bids requested by OWNER for Contractor's work which is not
executed or documents for out -of -sequence work.
3.1.6. 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.
3.1.7. Furnishing services of ENGINEER's Subcontractors for other than Basic Services; and furnishing data
or services of the types described in paragraph 4.4 when OWNER employs ENGINEER to provide such
data or services in lieu of furnishing the same under paragraph 4.4.
3.1.8. Services during out-of-town travel required of ENGINEER other than visits to the site or OWNER's
office as required by Article 2.
3.1.9. 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 Constructability Review requested by OWNER; and performing or
Prof. Design, Bidding & Construction Services 3/2000 Page 8
furnishing services required to revise studies, reports, Drawings, Specifications or Contract Documents
as a result of such review processes.
3.1.10. 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.
3.1.11. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction,
materials, equipment or services.
3.1.12. Providing field surveys for design purposes, engineering surveys and staking to enable Contractor to
proceed with its 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.
3.1.13. Preparation of operating, maintenance and staffing manuals to supplement Basic Services under
paragraph 2.4.3.
3.1.14. Providing more extensive services required to enable ENGINEER to issue notices or certifications
requested by OWNER under paragraph 4.12.
3.1.15. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other
legal or administrative proceeding involving the Project (except for assistance in consultations which is
included as part of Basic Services under paragraph 2.1.2.).
3.1.16. Other Special Services performed or furnished by ENGINEER in connection with the Project, including
services which are to be furnished by OWNER under Article 4, and services not otherwise provided for
in this Agreement.
3.2. Required Special Services
When required by the Contract Documents in connection with the performance or furnishing of ENGINEER's
services during the Construction Phase, ENGINEER shall perform or furnish, without waiting for specific
authorization from OWNER, Special Services of the types listed in paragraphs 3.2.1 through 3.2.7, inclusive.
These services are not included as part of Basic Services except to the extent provided in Exhibit A. Required
Special Services will be paid for by OWNER as indicated in Article 6. ENGINEER shall advise OWNER in
writing promptly after starting any such Special Services.
3.2.1. Services in connection with Work Change Directives and Change Orders to reflect changes requested by
OWNER if, because of the method of compensation agreed upon by OWNER and ENGINEER, the
resulting change in compensation for Basic Services is not commensurate with the extent of the Special
Services rendered.
3.2.2. 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
contract in evaluating and determining the acceptability of a substitution which is inappropriate for the
Project or an excessive number of substitutions.
3.2.3. Services resulting from significant delays, changes or price increases occurring as a direct or indirect
result of materials, equipment or energy shortages.
3.2.4. Special or extended services during construction made necessary by (1) work damaged by fire or other
cause during construction, (2) a significant amount of defective, neglected or delayed work of
Contractor, (3) acceleration of the progress schedule involving services beyond normal working hours,
or (4) default by Contractor.
Prof. Design, Bidding & Construction Services 3/2000 Page 9
3.2.5.
3.2.6.
3.2.7.
Services (other than Basic Services during the Operational Phase) in connection with any partial
utilization of any part of the Project by OWNER prior to its Substantial Completion.
Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in
connection with the work.
Services to review each shop drawing or other submittal more than two times.
ARTICLE 4 - OWNER'S RESPONSIBILITIES
Except as otherwise provided in Exhibit A, OWNER shall do the following in a timely manner so as not to delay the
services of ENGINEER and shall bear all costs incident thereto:
4.1. Designate in writing a person to act as OWNER's representative with respect to the services to be performed or
furnished by ENGINEER under this Agreement. Such person will have complete authority to transmit
instructions, receive information, interpret and define OWNER's policies and decisions with respect to
ENGINEER's services for the Project.
4.2. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives
and constraints, space, capacity and performance requirements, flexibility and expandability, and furnish copies
of all design and construction standards which OWNER will require to be included in the Drawings and
Specifications.
4.3. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project
including previous reports and any other data relative to design or construction of the Project.
4.4. Furnish to ENGINEER, as requested by ENGINEER, for performance of Basic Services or as required by the
Contract Documents, the following:
4.4.1. services provided or data prepared by others, including, without limitation, explorations and tests of
subsurface conditions at or contiguous to the site, drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site, or hydrographic surveys;
4.4.2. the services of an independent testing laboratory to perform all inspections, tests and approvals of
samples, materials and equipment;
4.4.3. appropriate professional interpretation of all of the foregoing;
4.4.4. environmental assessments, audits, investigations and impact statements, and other relevant
environmental or cultural studies as to the Project, the site and adjacent areas;
4.4.5. field surveys for design purposes and property, boundary, easement, right-of-way, topographic and
utility surveys or data, including relevant reference points;
4.4.6. property descriptions;
4.4.7. zoning, deed and other land use restrictions; and
4.4.8. other special data or consultations not covered in Article 2.
OWNER shall be responsible for, and ENGINEER may rely upon, the accuracy and completeness of all reports,
data and other information furnished pursuant to this paragraph. ENGINEER may use such reports, data and
information in performing or furnishing services under this Agreement.
4.5. Provide, as required by the Contract Documents, engineering surveys and staking (except as otherwise provided
in Exhibit A) to enable Contractor to proceed with the layout of the work, and other special field surveys.
Prof. Design, Bidding & Construction Services 3/2000 Page 10
4.6. 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.
4.7. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor and other
consultants as OWNER deems appropriate with respect to such examination) and render in writing decisions
pertaining thereto.
4.8. Provide approvals and permits from all governmental authorities having jurisdiction to approve the portions of the
Project designed or specified by ENGINEER and such approvals and consents from others as may be necessary
for completion of such portions of the Project.
4.9. Provide, as may be required, for the Project:
4.9.1. accounting, bond and financial advise, independent cost estimating and insurance counseling services;
4.9.2. such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal
issues pertaining to the Project, including any that may be raised by Contractor; and
4.9.3. such auditing services as OWNER may require to ascertain how or for what purpose Contractor has used
the moneys paid on account of the Contract Price.
4.10. Provide such inspection or monitoring services by an individual or entity other than ENGINEER as OWNER may
desire to verify:
4.10.1. that Contractor is complying with any law, rule, regulation, ordinance, code or order applicable to
Contractor's performing and furnishing the work; or
4.10.2. that Contractor is taking all necessary precautions for safety of persons or property and complying with
any special provisions of the Contract Documents applicable to safety.
ENGINEER does not undertake in this Agreement to perform the services referred to in 4. 10.1 and 4.10.2 above. The
identity of any individual or entity employed to perform such services and the scope of such services will be disclosed to
ENGINEER.
4.11. Advise ENGINEER of the identity and scope of services of any independent consultants employed by OWNER to
perform or finish services in regard to the Project, including, but not limited to, Construction Management, Cost
Estimating, Project Peer Review, Value Engineering and Constructability Review. If OWNER designates a
person or entity other than, or in addition to, ENGINEER to represent OWNER at the site, OWNER shall define
and set forth in an exhibit that is to be mutually agreed upon and attached to and made a part of this Agreement
before such services begin, the duties, responsibilities and limitations of authority of such other party and the
relation thereof to the duties, responsibilities and authority of ENGINEER.
4.12. Prior to the commencement of the Construction Phase, notify ENGINEER of any variations in the language of the
Notice of Acceptability of Work, or of any notice or certification other than such Notice that ENGINEER will be
requested to provide to OWNER or third parties in connection with the financing or completion of the Project.
OWNER and ENGINEER shall reach agreement on the terms of any such requested notice or certification and
OWNER shall authorize such Special Services as are necessary to enable ENGINEER to provide the notice or
certification requested under this paragraph.
4.13. If more than one prime contract is to be awarded for work designed or specified by ENGINEER, designate a
person or entity to have authority and responsibility for coordinating the activities among the various prime
contractors, and define and set forth the duties, responsibilities and limitations of authority of such person or
entity and the relation thereof to the duties, responsibilities and authority of ENGINEER in an exhibit that is to be
mutually agreed upon and attached to and made a part of this Agreement before such services begin.
Prof. Design, Bidding & Construction Services 3/2000 Page 1 I
4.14. Furnish to ENGINEER data or estimated figures as to OWNER's anticipated costs for services to be provided by
others for OWNER (such as services pursuant to paragraphs 4.4, 4.5 and 4.7 through 4.14, inclusive) and other
costs so that ENGINEER may make the necessary calculations to develop and periodically adjust ENGINEER's
opinion of Total Project Costs.
4.15. Attend the pre-bid conference, bid opening, pre -construction conferences, construction progress and other job
related meetings and Substantial Completion and final payment inspections.
4.16. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or time of performance or furnishing of ENGINEER's services, or any defect
or nonconformance in ENGINEER's services or in the work of any Contractor.
4.17. Furnish or direct ENGINEER to provide, Special Services as stipulated in paragraph 3.1 of this Agreement or
other services as required.
4.18. Provide labor and safety equipment to open and protect manholes and/or to operate valves and hydrants as
required by the ENGINEER.
4.19. Bear all costs incident to compliance with the requirements of this Article 4.
ARTICLE 5 - TIMES FOR RENDERING SERVICES
5.1. If in this Agreement specific periods of time for rendering services are set forth or specific dates by which
services are to be completed are provided and if such periods of time or dates are changed through no fault of
ENGINEER, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment.
If OWNER has requested changes in the scope, extent or character of the Project, the time of performance and
compensation for ENGINEER's services shall be adjusted equitably.
5.2. If ENGINEER's services are delayed or suspended in whole or in part by OWNER:
5.2.1. for more than three months through no fault of ENGINEER, ENGINEER shall be entitled to equitable
adjustment of rates and amounts of compensation provided for elsewhere in this Agreement to reflect,
among other things, reasonable costs incurred by ENGINEER in connection with such delay or
suspension and reactivation and the fact that the time for performance under this Agreement has been
revised; or
5.2.2. for more than one year through no fault of ENGINEER, the rates and amounts of compensation
provided for elsewhere in this Agreement will be subject to equitable adjustment to reflect, among other
things, changes in the various elements that comprise such rates of compensation.
5.3. In the event that the work designed or specified by ENGINEER is to be performed or furnished under more than
one prime contract, or if ENGINEER's services are to be separately sequenced with the work of one or more
prime contractors (such as in the case of fast -tracking), OWNER and ENGINEER shall, develop a schedule for
performance of ENGINEER's services in order to sequence and coordinate properly such services as are
applicable to the work under such separate prime contracts. This schedule is to be prepared and included in
Exhibit A whether or not the work under such contracts is to proceed concurrently.
ARTICLE 6 - PAYMENTS TO ENGINEER FOR SERVICES AND REEWBURSABLE EXPENSES
6.1. Methods of Payment for Services and Expenses of ENGINEER
6.1.1. For Basic Services
OWNER shall pay ENGINEER for Basic Services performed or furnished under Article 2 on the basis
set forth in Exhibit A.
Prof. Design, Bidding & Construction Services 3/2000 Page 12
6.1.2. For Special Services
OWNER shall pay ENGINEER for Special Services performed or furnished under Article 3 on the basis
set forth in Exhibit A.
6.1.3. For Reimbursable Expenses
In addition to payments provided for in paragraphs 6. 1.1 and 6.1.2, OWNER shall pay ENGINEER for
Reimbursable Expenses incurred by ENGINEER and ENGINEER's Subcontractors as set forth in
Exhibit A. The amount payable for Reimbursable Expenses will include a factor to the extent so
indicated in Exhibit A.
6.1.4. Tax on Service
The amount of any excise, VAT or gross receipts tax that may be imposed shall be added to the
compensation as determined above.
6.2. Other Provisions Concerning Payments
6.2.1. Preparation of Invoices
Invoices for Basic and Special Services and Reimbursable Expenses will be prepared in accordance with
ENGINEER's standard invoicing practices and will be submitted to OWNER by ENGINEER at least
monthly. The amount billed for Basic Services and Special Services in each invoice will be calculated
on the basis set forth in Exhibit A. Invoices are due and payable on receipt.
6.2.2. Unpaid Invoices
If OWNER, for any reason, including, but not limited to, fails to make any payment due ENGINEER for
services and expenses within thirty (30) days after receipt of ENGINEER's invoice therefor, the amounts
due ENGINEER will be increased at the rate of 1.0% per month (or the maximum rate of interest
permitted by law, if less) from said thirtieth day; and, in addition, ENGINEER may, after giving seven
days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid
in full all amounts due for services, expenses and charges. Payments will be credited first to interest and
then to principal. In the event of a disputed or contested billing, only that portion so contested may be
withheld from payment, and the undisputed portion will be paid.
OWNER agrees to pay ENGINEER all costs of collection including but not limited to reasonable
attomeys' fees, collection fees and court costs incurred by ENGINEER to collect properly due payments.
ARTICLE 7 - OPINIONS OF COST
7.1. Opinions of Probable Construction Cost
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 engineer generally familiar with the construction 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. If OWNER wishes greater assurance as to probable
Construction Cost, OWNER shall employ an independent cost estimator as provided in paragraph 4.9.
ARTICLE 8 - GENERAL CONSIDERATIONS
8.1. Termination
The obligation to provide further services under this Agreement may be terminated by either party upon thirty
(3 0) days' written notice in the event of substantial failure by the other party to perform in accordance with the
terms thereof through no fault of the terminating party. In the event of any termination, ENGINEER will be paid
Prof. Design, Bidding & Construction Services 3/2000 Page 13
for all services rendered and reimbursable expenses incurred to the date of termination and, in addition, all
reimbursable expenses directly attributable to termination.
8.2. Reuse of Documents
All documents including Drawings and Specifications provided or furnished by ENGINEER (or ENGINEER's
Subcontractors) pursuant to this Agreement are instruments of service in respect of the Project, and ENGINEER
and ENGINEER's Subcontractors, as appropriate, shall retain an ownership and property interest therein
(including the right of reuse by and at the discretion of ENGINEER and ENGINEER's Subcontractors, as
appropriate) whether or not the Project is completed. OWNER may make and retain copies for information and
reference in connection with the use and occupancy of the Project by OWNER and others; however, such
documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the
Project or on any other project. Any such reuse without written verification or adaptation by ENGINEER and
ENGINEER'S Subcontractors, as appropriate, for the specific purpose intended will be at OWNER's sole risk and
without liability or legal exposure to ENGINEER, or to ENGINEER's Subcontractors, and OWNER shall
indemnify and hold harmless ENGINEER and ENGINEER'S Subcontractors from all claims, damages, losses and
expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will
entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER.
8.3. Mutual Waiver of Consequential Damages
Notwithstanding any other provision of this Agreement to the contrary, neither party including their officers,
agents, servants and employees shall be liable to the other for lost profits or any special, indirect, incidental, or
consequential damages in any way arising out of this Agreement however caused under a claim of any type or
nature based on any theory of liability (including, but not limited to: contract, tort, or warranty) even if the
possibility of such damages has been communicated.
8.4. Controlling Law
This Agreement is to be governed by the law of the principal place of business of OWNER.
8.5. Successors and Assigns
8.5.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators
and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 8.5.2
the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreement and to
the partners, successors, executors, administrators and legal representatives (and said assigns) of such
other party, in respect of all covenants, agreements and obligations of this Agreement.
8.5.2. Neither OWNER nor ENGINEER may assign, sublet or transfer any rights under or interest (including,
but without limitation, moneys that may become due or moneys that are due) in this Agreement without the
written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or
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.
8.5.3. Unless expressly provided otherwise in this Agreement:
8.5.3.1. Nothing in this Agreement shall be construed to create, impose or give rise to any duty owed
by ENGINEER to any Contractor, Subcontractor, Supplier, other person or entity, or to any
surety for or employee of any of them, or give any rights in or benefits under this Agreement
to anyone other than OWNER and ENGINEER.
8.5.3.2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and
exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party.
Prof. Design, Bidding & Construction Services 3/2000 Page 14
8.6. Notices
Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address
which appears on the signature page of this Agreement (as modified in writing from time to time by such party)
and given personally, by registered or certified mail, return receipt requested, by facsimile, or by a nationally
recognized overnight courier service. All notices shall be effective upon the date of receipt.
8.7. Severability
Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be
deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and
ENGINEER, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken
provision.
8.8. Unforeseen Conditions
At any time during the life of this Agreement should any substance be uncovered or encountered at the site that
would void or otherwise adversely impact the ENGINEER's professional liability insurance, the ENGINEER
reserves the right to renegotiate the terms and conditions of this Agreement, the fees for the ENGINEER's
services, and the ENGINEER's continued involvement in the Project.
8.9. Insurance
ENGINEER shall procure and maintain professional errors and omissions insurance in the amount of $1,000,000;
auto liability insurance with a combined single limit of $500,000 and workers compensation insurance with a
$500,000 employer liability endorsement. The auto liability and workers compensation insurance shall be
endorsed with a waiver of subrogation and the City of Lubbock shall be named as an additional insured on the
auto liability as respect to this agreement.
8.10. Discovery
ENGINEER shall be entitled to compensation on a time and materials basis when responding to all requests for
discovery relating to this Project and to extent that ENGINEER is not a party to the lawsuit.
8.11. Nondiscrimination and Affirmative Action
In connection with its performance under this Agreement, ENGINEER shall not discriminate against any
employee or applicant for employment because of race, color, creed, religion, age, sex, marital status, sexual
orientation or affection preference, national origin, ancestry, citizenship, physical or mental handicap or because
he or she is a disabled veteran or veteran of the Vietnam era. ENGINEER shall take affirmative action to ensure
that qualified applicants are employed and that employees are treated during employment without regard to their
race, color, creed, religion, age, sex, marital status, sexual orientation or affectional preference, national origin,
ancestry, citizenship, physical or mental handicap or because he or she is a disabled veteran or veteran of the
Vietnam era. Such actions shall include recruiting and hiring, selection for training, promotion, fixing rates or
other compensation, benefits, transfers and layoff or termination.
ARTICLE 9 - EXHIBITS AND SPECIAL PROVISIONS
9.1. This Agreement is subject to the provisions of the following Exhibits which are attached to and made apart of the
Agreement:
9.1.1. Exhibit A, "Further Description of Engineering Services and Related Matters," consisting of 3 pages.
9.1.2. Exhibit B, "Duties, Responsibilities and Limitations of Authority of Resident Project Representative,"
consisting of pages.
Prof. Design, Bidding & Construction Services 3/2000 Page 15
9.1.3. This Agreement (consisting of Pages 1 to 17 inclusive) and the Exhibits identified above constitute the
entire agreement between OWNER and ENGINEER and supersede all prior written or oral
understandings. This Agreement may only be amended, supplemented, modified or canceled by a duly
executed written instrument.
9.1.4 Additional Exhibits
Attachments B, C, D to Exhibit A.
THIS AREA WAS INTENTIONALLY LEFT BLANK
Prof. Design, Bidding & Construction Services 3/2000 Page 16
City Secretary QMaYyor4MAV
APPROVED AS TO CONTENT:
CONTRACTOR
OW�R—'S REPRESENTATIVE
APPROVED AS TO FORM:
City Attorney
Prof. Design, Bidding & Construction Services 3/2000
CAMP R & MCKEE, INC.
B
PRINTED NAME: Richard W.Sawey, P.E.
TITLE: Vice President
COMPLETE ADDRESS:
Company: Camp Dresser & McKee, Inc.
Address: 801 Cherry Street, Unit #21
City, State, Zip: Fort Worth, TX 76102
Page 17
Resolution No. 2001—RO289
EXHIBIT A TO AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL DESIGN, BIDDING AND CONSTRUCTION SERVICES
City of Lubbock, Pilot Scale Water Treatment Plant
FURTHER DESCRIPTION OF ENGINEERING SERVICES AND RELATED MATTERS
This is an exhibit attached to and made a part of the Agreement dated June , 2001, between City of Lubbock
(OWNER) and Camp Dresser & McKee Inc. (ENGINEER) for professional services.
I. The Basic Services of ENGINEER as described in Article 2 of said Agreement are amended and supplemented
as follows:
See Attachment `B"
2. The responsibilities of OWNER as described in Article 4 of said Agreement are amended and supplemented as
follows:
N/A
3. The time periods for the performance of ENGINEER's services as set forth in Article 5 of said Agreement are
amended and supplemented as follows:
See Attachment "D"
4. The method of payment for services rendered by ENGINEER shall be as set forth below:
See Attachment "C"
3/2000 Page 1
Exhibit A Prof Design, Bidding & Construction Services
"Attachment B"
Further Description of Engineering Services and Related Matters
Project Understanding
The purpose of this project is to design a pilot -scale water treatment plant for the City of Lubbock. This facility
will be located at the City's water treatment plant and will be a permanent, fixed facility. The pilot plant will
provide the following benefits to the City:
• Enable the City to evaluate treatment processes currently in place or considered for future
implementation at the full-scale plant.
• Serve as a means for optimizing plant operations and training new operators,
• Serve as a research tool for evaluating new technologies and processes, and
• Provide a means for developing operational design data to be used for future plant expansions.
In addition to the design services, Camp Dresser & McKee Inc. (CDM) will provide services during
construction, produce an operations and maintenance (O&M) manual, and provide operator training as
described below.
It is understood that this Attachment `B", Further Description of Engineering Services and Related Matters,
modifies and supplements Article 2. The following project approach and itemized 8 tasks for the City of
Lubbock Pilot Water Treatment Plant describes the Basic Services of the Engineer.
Project Approach
CDM proposes eight (8) tasks for conducting the project. These tasks include:
• Task 1: Kickoff Meeting / Preliminary Design Workshop
• Task 2: Preliminary Design Memorandum
• Task 3: Design Workshop
• Task 4: Pilot Plant Design
• Task 5: Construction Phase Services
• Task 6: Operations and Maintenance Manual
• Task 7: Operator Training
• Task 8: Project Management
The following paragraphs describe the objectives, activities and deliverables for each of the eight tasks.
Task 1: Kickoff Meeting / Preliminary Design Workshop
Objective: Introduce City staff and CDM project team. Develop guidelines, protocol, and goals for project.
Obtain City staff ideas and input concerning pilot plant design. Discuss alternatives for pilot plant and develop
preliminary design schematics and process selections.
Activities: The CDM project team will attend a one -day meeting at the City's water treatment plant to review
the facilities, discuss design issues, and develop preliminary concepts for the pilot plant.
Deliverables: CDM will prepare meeting minutes, project workplan, and summary of preliminary design
concepts.
3/2000 Page I
Exhibit A Prof. Design, Bidding & Construction Services
Task 2: Preliminary Design Memorandum
Objective: Develop preliminary design of pilot plant facilities, including process schematics, design criteria,
listing of unit processes and sizes, chemical and equipment requirements and options, instrumentation and
control equipment devices, and electrical requirements.
Activities: The CDM project team will develop the preliminary design memorandum (PDM) from the
information assimilated and accumulated during the Preliminary Design Workshop.
Deliverables: CDM will present copies of the draft PDM to City staff for review and comment. It will serve as
the basis for the Design Workshop.
Task 3: Design Workshop
Objective: Discuss the PDM and agree upon final design criteria and equipment options.
Activities: CDM project team will attend a one -day meeting at the City's water treatment plant to discuss the
draft PDM and develop final directions for project.
Deliverables: CDM will prepare a brief memorandum summarizing the criteria and decisions from the
workshop.
Task 4: Pilot Plant Design
Objective: Design pilot plant facility and prepare bidding documents.
Activities: CDM will prepare a design document to include specifications, process diagrams, design criteria,
and facility configuration. This document will be used for bidding the construction of the pilot plant.
Deliverables: 60% and Final Design Documents
Task 5: Construction Phase Services
Objectives: Provide sufficient construction oversight and testing to ensure delivery of desired pilot plant
facility.
Activities: CDM will review shop drawings of all equipment and materials to be used in the pilot plant to
ensure they meet the desired specifications. CDM will provide inspection of the fabrication and installation of
equipment at various phases of the construction project. CDM will also test the completed facilities and
equipment to ensure proper operation.
Deliverables: Punch -list of items to be addressed following inspection and testing.
Task 6: Operations and Maintenance (O&M) Manual
Objectives: Provide a comprehensive, easy to follow guide for operating and maintaining the pilot plant.
Activities: CDM will provide a draft operations and maintenance manual with the pilot plant when training
begins. The manual will include key information and calculations for chemical feed, ozone dosing, rapid mix
and flocculation velocity gradients, detention times, filtration rates, and backwash air and water rates.
Additional information to analyze and compare data will be included in the appropriate chapters.
Manufacturer's warranties and other information will also be included. CDM will also incorporate City
comments on the draft O&M manual into the final O&M manual no more than two (2) months after the initial
3/2000 Page 2
Exhibit A Prof. Design, Bidding & Construction Services
week of operator training.
Deliverables: Draft O&M manual, copies submitted to the City at the beginning of the operator training. Final
O&M Manual, copies submitted to the City upon incorporation of City comments on draft.
Task 7: Operator Training
Objective: Provide the City staff with the understanding, information, and techniques to operate and maintain
the equipment. Additionally, the training will provide insight to help the staff develop pilot testing programs
and procedures, conduct the tests and collect samples, evaluate data, and present the testing results.
Activities: CDM will provide onsite training at the Lubbock Pilot Plant Facility. Qualified pilot plant engineers
with experience operating pilot plants and developing and directing pilot plant projects will lead the training.
Deliverables: The draft O&M manual will serve as the primary reference for the operator training. Handouts
or supplemental information may also be provided at the trainer's discretion.
Task 8: Project Management
Objective: Update the City on the progress of the project and ensure that the schedule is maintained, the budget
is met, and all the objectives identified in the scope of services are achieved.
Activities: CDM will submit monthly progress reports to the City staff and project team vial electronic mail.
The reports will include a description of the month's activities.
Deliverables: CDM will submit monthly progress reports (via electronic mail) and invoices to the City.
3/2000 Page 3
Exhibit A Prof. Design, Bidding & Construction Services
Attachment "C"
Compensation and Schedule
City of Lubbock Pilot Scale Water Treatment Plant
Design and Start-up
I. BASIC ENGINEERING SERVICES
For engineering services provided under Attachment B the City shall pay the Engineer on a Salary Cost
Method an amount not to exceed $43,860, according to paragraphs A, B, C, and D below:
A. Labor. The engineer shall be compensated for the services of his personnel on the basis of Salary Cost
times 2.30 for the time such personnel are directly utilized on the work. Salary Cost is defined as the
cost of salaries (including sick leave, vacation, and holiday pay applicable therto) plus unemployment,
excise, and payroll taxes; and contributions for social security, employment compensation insurance,
retirement benefits, and medical and other insurance benefits.
The salaries of any assigned personnel are subject to reasonable modification by the Engineer throughout
the term of this Agreement; however, such modifications will not affect the upper limit value of this
agreement.
B. Other Incidental Direct Costs. The Engineer shall be compensated at his cost plus 10% for all costs other
than salary costs that are incurred pursuant to this Agreement, but which are not normally included as
part of the Engineer's overhead. These costs include, but are not limited to: airfare, automobile mileage
charges, automobile rental, parking, tolls, taxi, meals, lodging, telephone, printing and reproduction
costs, computers and work processors, postage and mailing costs, and other miscellaneous costs incurred
specifically for this project.
C. Subconsultant Services: For all subconsultant services the Engineer shall be compensated at the actual
subconsultant cost plus 10%.
D. Partial Payment shall be made monthly upon receipt of an invoice from the Engineer, prepared from the
books and records of the ENGINEER outlining the amount of hours worked by each employee, the
employee's name and classification, and the employee's salary rate along with itemized charges for any
subcontract and other incidental direct costs performed during the period covered by said invoice. Each
invoice is to verified as to its accuracy and compliance with the terms of this contract by an officer of the
Engineer.
II. SPECIAL SERVICES
The City may authorize the ENGINEER to perform additional work, such as assistance and consultation
during the operational phase of the pilot plant or other services outlined in Article3.
For these Special Services provided outside the scope defined in Attachment `B", the City shall pay the
Engineer for Labor, Other Incidental Direct Costs and Subconsultants on the same basis is described in
Section I of this Attachment "C", in an amount not to exceed $10,000.
III. SCHEDULE
Attachment B, Further Description of Engineering Services and Related Matters, shall be completed in
accordance with the project schedule, Attachment "D".
End of Attachment "C"
3/2000 Page t
Exhibit A Prof. Design, Bidding & Construction Services
Attachment "D"
"Schedule"
• = Meeting/Workshop
V = Deliverable
1: Preliminary Design Memorandum
2: 60% Design Documents
3: Final Design documents
4: Draft O&M Manual
5: Final O&M Manual
3/2000 Page 1
Exhibit A Prof. Design, Bidding & Construction Services
MONTHS
—2F1
ACTIVITIES
1
1 4
5
6
7
8
9
10
11
12
Notice to Proceed
Task 1: Kickoff
Meeting/Preliminary
•
Design Workshop
Task 2: Preliminary
Design Memorandum
d t
Task 3: Design
Workshop
•
V 2 3�3
Task 4: Pilot Plant
Design
I_
V 2
Task 5: Construction
Phase Services
a s
Task 6: Operations &
Maintenance Manual
Task 7: Operator
Training
Task 8: Project
Manual
• = Meeting/Workshop
V = Deliverable
1: Preliminary Design Memorandum
2: 60% Design Documents
3: Final Design documents
4: Draft O&M Manual
5: Final O&M Manual
3/2000 Page 1
Exhibit A Prof. Design, Bidding & Construction Services