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HomeMy WebLinkAboutResolution - 2014-R0198 - Contract - Lockwood, Andrews, & Newnam - Sewer Rehab Engineering Services - 06/12/2014Resolution No. 2014—RO198 June 12, 2014 Item No. 6.4 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 related to the Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Project, by and between the City of Lubbock and Lockwood, Andrews & Newnam, 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 June 12, 2014 GL &ROBATSON, MAYOR ATTEST: -G,O 0 .0 1 . w==a Reb cea Garza, City Secretary APPROVED AS TO CONTENT: R. Keith Smith, P.E., irector of Public Works APPROVED AS TO FORM: Chad Weaver, City Attorney vwxcdocs'RES. PSC -Lockwood Andrews & Newnam, Inc. May 16, 2014 Resolution No. 2014—RO198 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This contract, (the "Contract" or "Agreement'), effective as of the 12thday of June 2014 (the "Effective Date"), is by and between the City of Lubbock, (the "CITY"), a Texas home rule municipal corporation, and Lockwood, Andrews & Newnam, Inc. ("ENGINEER") a Texas professional corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, the CITY desires to obtain professional engineering services related to the Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Project — Design and Bidding (the "Activities" or Project); and WHEREAS, ENGINEER has a professional staff experienced and is qualified to provide professional engineering services related to the Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by CITY and ENGINEER to be a fair and reasonable price; and WHEREAS, the CITY desires to contract with ENGINEER to provide professional engineering services related to the Activities and ENGINEER desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the CITY and ENGINEER hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of 660 days, as set forth in Exhibit "A", attached to and made a part of this Agreement for all purposes. If the ENGINEER determines that additional time is required to complete the Services, the City Manager, or his designee, may execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this agreement resulting in any increase in the amount of the consideration must be approved by the City acting through its governing body. ARTICLE 11. SERVICES AND COMPENSATION LAN, Inc. Professional Agreement Page 1 of 9 A. ENGINEER shall conduct all activities and within such timeframes as set forth on Exhibit "A", attached hereto (the "Services"). B. ENGINEER shall receive as consideration to be paid for the performance of the Services set forth in Basic Services Tasks 1 through 10 based on hourly and unit rates, not to exceed $761,100, per Exhibit "B". Services for Tasks 11, 12 and 13 include Optional Services and will not be performed without written authorization from the CITY, not to exceed $75,000. Total not to exceed for this Contract (Tasks 1 through 13) is $836,100. ARTICLE III. TERMINATION A. General. CITY may terminate this Contract, for any reason or convenience, upon thirty (30) days written notice to ENGINEER. In the event this Agreement is so terminated, the CITY shall only pay ENGINEER for services actually performed by ENGINEER up to the date ENGINEER is deemed to have received notice of termination as provided herein. B. Termination and Remedies. In the event ENGINEER breaches any term and/or provision of this Contract the CITY shall be entitled to exercise any right or remedy available to it by this Contract, at law or equity, including without limitation, termination of this Contract and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON -ARBITRATION The CITY reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the CITY shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Contract, the former shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. ENGINEER is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. ENGINEER has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the LAN, Inc. Professional Agreement Page 2 of 9 part of ENGINEER. This Contract constitutes legal, valid, and binding obligations of the ENGINEER and is enforceable in accordance with the terms thereof. D. Engineer. ENGINEER maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. ENGINEER will and shall conduct all activities contemplated by this Contract in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional engineering services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional engineering services, as contemplated hereby. F. Use of Copyrighted Material. ENGINEER warrants that any materials provided by ENGINEER for use by CITY pursuant to this Contract shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. ENGINEER shall be solely responsible for ensuring that any materials provided by ENGINEER pursuant to this Contract satisfy this requirement and ENGINEER agrees to indemnify and hold CITY harmless from all liability or loss caused to CITY or to which CITY is exposed on account of ENGINEER's failure to perform this duty. ARTICLE VI. SCOPE OF WORK ENGINEER shall accomplish the following: Professional Engineering Services related to the Canyon Lakes Sanitary Sewer Interceptor Rehabilitation — Design and Bidding, as defined in Exhibit "A," "Scope of Services". Optional Services included in the "Scope of Services" shall be included in this Contract but will only be performed if authorized in writing by City. Construction phase assistance will be performed in future phases of the project. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS ENGINEER and CITY agree that ENGINEER shall perform the duties under this Contract as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. ENGINEER has the sole discretion to determine the manner in which the services are to be performed. During the performance of the Services under this Agreement, ENGINEER and ENGINEER's employees and/or subconsultants, will not be considered, for any purpose, employees or agents of the CITY within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. LAN, Inc. Professional Agreement Page 3 of 9 ARTICLE VIII. INSURANCE ENGINEER shall procure and carry, at its sole cost and expense through the life of this Agreement and for a period of at least five years following the termination or expiration of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to CITY, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. ENGINEER shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or subconsultant of ENGINEER to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A -VII or better. Except for Professional Liability, 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 Liabi Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence ENGINEER shall further cause any approved subcontractor or subconsultant to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for ENGINEER, protecting CITY against direct losses caused by the professional negligence of the approved subcontractor or subconsultant. The CITY shall be listed as a primary additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. ENGINEER shall provide a Certificate of Insurance to the CITY as evidence of coverage. Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. LAN, Inc. Professional Agreement Page 4 of 9 The additional insured endorsement shall include Products and Completed Operations. ENGINEER shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, ENGINEER shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the ENGINEER maintains said coverage. The ENGINEER may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. If at any time during the life of the Agreement or any extension hereof, ENGINEER fails to maintain the required insurance in full force and effect, ENGINEER shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained on a claims -made basis, at Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Contract and the discovery period (possibly through tail coverage) shall be no less than ten (10) years after the completion of work specified in the Contract. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS ENGINEER may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Subconsultant"), to perform certain duties of ENGINEER, as set forth on Exhibit "A", attached hereto, under this Contract, provided that CITY approves the retaining of Subconsultants. ENGINEER is at all times responsible to CITY to perform the Services as provided in this Agreement and ENGINEER is in no event relieved of any obligation under this Contract upon retainage of any approved Subconsultant. Any agent and/or Subconsultant retained and/or employed by ENGINEER shall be required to carry, for the protection and benefit of the CITY and ENGINEER and naming said third parties as additional insureds, insurance as described above in this Contract. ARTICLE X. CONFIDENTIALITY ENGINEER shall retain all information received from or concerning the CITY and the CITY's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the CITY, unless otherwise required by law. LAN, Inc. Professional Agreement Page 5 of 9 �d �L44#:4111111111iI_114MIkiIin Having considered the potential liabilities that may exist during the performance of the Services, the benefits of the Project, and the ENGINEER's fee for the Services, and in consideration of the promises contained in this Agreement, ENGINEER agrees to provide the indemnities set forth herein. ENGINEER SHALL INDEMNIFY AND HOLD CITY AND CITY'S ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INDEPENDENT CONTRACTORS HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS, LIABILITIES AND EXPENSES, AND INCLUDING REASONABLE ATTORNEY'S FEES, TO THE EXTENT CAUSED BY THE ENGINEER'S NEGLIGENT ACTS, ERRORS, OR OMISSIONS FOR WHICH THE ENGINEER IS FOUND TO BE LEGALLY LIABLE. THE INDEMNITY PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS ENGINEER shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from ENGINEER to CITY or CITY to ENGINEER is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Engineer's Address. ENGINEER's address and numbers for the purposes of notice are: Lockwood, Andrews & Newnam, Inc. Attn: Drew Hardin, P.E. 10801 N. MoPac Expressway Building 1, Suite 120 Austin, Texas 78759 Telephone: (512) 338-4212 Facsimile: (512) 338-4942 C. City's Address. CITY's address and numbers for the purposes of notice are: City of Lubbock LAN, Inc. Professional Agreement Page 6 of 9 Attn: John Turpin, P.E. P. 0. Box 2000 Lubbock, Texas 79408 1625 13th Street Lubbock, Texas 79401 Telephone: (806) 775 —2342 Facsimile: (806) 775 - 3344 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA CITY shall furnish ENGINEER non -confidential studies, reports and other available data in the possession of the CITY pertinent to ENGINEER's Services, so long as CITY is entitled to rely on such studies, reports and other data for the performance of ENGINEER's Services under this Contract (the "Provided Data"). ENGINEER shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. ENGINEER shall provide access to its corporate books and records to the CITY. The CITY may audit, at its expense and during normal business hours, ENGINEER 's books and records with respect to this Contract between ENGINEER and CITY. C. Records. ENGINEER shall maintain records that are necessary to substantiate the services provided by ENGINEER. D. Assignability. ENGINEER may not assign this Contract without the prior written approval of the CITY. E. Successor and Assigns. This Contract binds and inures to the benefit of the CITY and ENGINEER, and in the case of CITY, its respective successors, legal representatives, and assigns, and in the case of ENGINEER, its permitted successors and assigns. LAN, Inc. Professional Agreement Page 7 of 9 F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS CONTRACT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly authorized and executed by ENGINEER and CITY. I. Entire Agreement. This Contract, including Exhibits "A," attached hereto, contains the entire Contract between the CITY and ENGINEER, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between ENGINEER and the CITY. K. Documents Owned by CITY. Any and all documents, drawings and specifications prepared by ENGINEER as part of the Services hereunder, shall become the property of the CITY when ENGINEER has been compensated as set forth in Article II, above. The ENGINEER shall make copies of any and all work products for its files. The City acknowledges that such work product is exclusively for the project and shall not be used on extensions of this project or on any other project without the express written consent or adaptation by ENGINEER. L. Notice of Waiver. A waiver by either CITY or ENGINEER of a breach of this Agreement must be in writing to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than CITY and ENGINEER. LAN, Inc. Professional Agreement Page 8 of 9 EXECUTED as of the Effective Date hereof. ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: ° L. Wood Franklin, P.E., City Engineer APPBOV ASs TO FORM: Chad Weaver, City Attorney LAN, Inc. Professional Agreement ngineer CITY OF LUBBOCK Gle Robertso , Mayor LOCKWOOD ANDREWS &DNEWNAM, INC. By: Name: Drew P. Hardin, P.E. Title: Vice President Page 9 of 9 Exhibit A Scope of Services This Exhibit A is part of the Agreement between Lockwood, Andrews & Newnam, Inc. (LAN) (the "Engineer") and the City of Lubbock (the "City") for a Project generally described as: Canyon Lakes Sanitary Sewer Interceptor Rehabilitation - Design & Bidding The purpose of this Agreement is as follows: The scope of work contained herein is for engineering services related to the Canyon Lakes Sanitary Sewer Interceptor Rehabilitation improvements. This project consists of preliminary engineering, design, and bid phase services for the following improvements based on the Condition Assessment completed in March 2014: • 12,400 LF of 24" to 30" pipeline rehabilitation or replacement for 18 different buried and aerial pipeline segments on both the Canyon Lakes Interceptor and Downtown Lines 1 and 2 Interceptor. Assumed six of the buried segments under TXDOT roads and/or railroads will be parallel replacement via auger boring. • Ten (10) separate vitrified clay pipe (VCP) point repairs using trenchless methods. • Joint repair to eliminate infiltration. • Rehabilitation of 81 existing manholes on Canyon Lake Interceptor • Replacement and/or addition of 30 new manholes on the existing interceptor (not field located) to maintain length between manholes of 800 LF and/or less and install parallel pipe sections. • Potential additional pipeline rehabilitation resulting from additional cleaning and CCN by construction contractor for approximately 11,000 LF of uninspected pipe during Condition Assessment Phase. • Construction contract to clean and CCN entire CLI following construction consisting of approximately 43,600 LF of 24" and 30" pipeline. Improvements will be separated into three separate bid packages to accommodate the following construction phasing: Bid Package 1- From SEWRP to Parkway Bid Package 2 - From Parkway to MH79 Bid Package 3 — Downtown 1 and Downtown 2 The ENGINEER agrees to furnish the CITY with the following specific services: LAN, Inc. — Exhibit A 1 Canyon Lakes Sewer Interceptor Rehabilitation — Design BASIC ENGINEERING SERVICES Scope of Services Task 1: Project Management & Coordination 1.1. Prepare Project Work Plan. 1.2. Kickoff Meeting with CITY. 1.3. Conduct monthly status calls with CITY. 1.4. Internal coordination meeting and overall project management. 1.5. Meetings with CITY — assumed 2 in addition to kickoff meeting and planned workshops. 1.6. Project Invoicing. Task 2: Preliminary Engineering (30%) Perform preliminary engineering analysis to define project for design and construction. Includes preliminary engineering analysis, report, and schematic (30% drawings) initially for Bid Package 1 initially followed by supplemental evaluation and deliverables for Bid Packages 2 & 3. Services include: 2.1. Alternatives Evaluation a. Utility Conflict, Property Research & Preliminary Stakeholder Investigation - Review existing applicable data, criteria, standards and regulations pertinent to the work described herein, including reviewing compliance with Parks, TxDOT, USACE, railroads, and THC. Attend up to three (3) stakeholder meetings with property owners, parks dept., and/or agency stakeholders as required. b. Alternative Construction Methods - Evaluate construction method options based on open - cut and trenchless rehabilitation methods discussed in the Condition Assessment Report for: i. Buried metal pipeline segments — up to three cleaning / rehabilitation methods ii. Aerial pipeline segments — up to three replacement and rehabilitation methods. Includes conducting one (1) site visit to do detailed inspection of existing pipe supports to estimate remaining useful life. iii. Pipeline point repairs — up to three trenchless repair methods iv. Existing manhole rehabilitation — up to three rehabilitation methods. V. New Manhole replacement Includes up to two (2) field visits to evaluate alignment, lay down areas, constraints, etc. c. Develop data for evaluation matrix for pipe and manhole rehabilitation, including items such as Opinion of probable construction cost, applicability of rehabilitation technology to existing pipe and manhole conditions, bypass pumping requirements, useful life of aerial supports, environmental impact, vegetation/Tree impacts, permit requirements, easement requirements for parallel alignments, utility conflicts, traffic impacts, hydraulics, topography, community impacts, access. LAN, Inc. — Exhibit A Canyon Lakes Sewer Interceptor Rehabilitation — Design Scope of Services Conduct workshop to discuss the rehabilitation method / replacement selection process including weighing factors and scoping of the options. The evaluation matrix will be populated and analyzed with findings, pros and cons, and documented recommendations based on workshop with CITY. d. Prepare five (5) copies of draft Improvement Alternatives Technical Memorandum to City for review and comment. Meet with City to receive final comments and prepare five copies of final TM to be included as appendix in Preliminary Engineering Report. 2.2. Implementation Plan Develop Implementation Plan document based on approved final recommendations from Alternatives Evaluation, which will include the following recommendations: a. Summary of Recommendations b. Construction Phasing - Based on proposed rehabilitation recommendations, determine phasing plan based on bypass pumping requirements, construction through park areas, wetlands, Joy Land Amusement Park and other facilities, constructability, and funding. Develop a single map showing recommended construction phasing of improvements. c. Design Requirements including: i. Archeological permitting requirements and additional investigation/testing recommendations based on desktop assessment in Condition Assessment (CA) phase. No additional field work anticipated in this phase. ii. Environmental permitting requirements and additional investigation/testing recommendations based on desktop assessment in CA phase. No additional field work anticipated in this phase. iii. Jurisdictional permitting requirements including TXDOT, railroad, and/or City iv. Survey requirements v. Easement Requirements d. Project Schedule e. Conceptual Opinion of Probable Construction Cost by Phase. 2.3. Conceptual Design Documents (30%) Develop conceptual drawings for improvements using existing aerial and contours including: a. Buried metal pipeline rehabilitation and access (plan only) b. Aerial pipeline segments rehabilitation or replacement and access (plan only) c. Pipeline point repairs (plan only) d. Existing manhole rehabilitation (standard detail & rehabilitation requirements) e. New Manhole replacement (plan sheets & standard detail) f. Diversion and Bypass pumping requirements including setup locations and routing alternatives LAN, Inc. — Exhibit A 3 Canyon Lakes Sewer Interceptor Rehabilitation — Design Scope of Services 2.4. Preliminary Engineering Report Prepare five (5) copies of the draft Preliminary Engineering Report (PER) to City documenting above. Participate in two (2) Technical Review Meetings (Bid Packages 1 & 2/3) with City to receive comments. Revise Preliminary Engineering Report per City comments and submit five (5) copies of Final PER. 2.5. Presentation to City Water Advisory Committee. Deliverables: a. Bid Package 1 i. Technical Memorandum —Improvement Alternatives & Recommendation (Five (5) copies) Conceptual Design Documents (30%) (Five (5) copies) ii. Draft Preliminary Engineering Report (Five (5) copies) iii. Final Preliminary Engineering Report (Five (5) copies) b. Bid Packages 2 & 3 Technical Memorandum — Improvement Alternatives & Recommendation (Five (5) copies) ii. Conceptual Design Documents (30%) (Five (5) copies) iii. Draft Preliminary Engineering Report Supplement (Five (5) copies) iv. Final Preliminary Engineering Report Supplement (Five (5) copies) Task 3: Preliminary Design (60%) Prepare Preliminary Design Documents up to three (3) separate bid packages as described herein. The exact improvements included will be determined in the Preliminary Engineering Phase but for purposes of scoping design phase services, the following specific improvements were assumed: • Approximately 10,800LF of pipeline rehabilitation on 18 full-length (MH to MH) segments of buried metal pipe using cured -in-place pipe (CIPP), pipe bursting, or auger boring (for parallel replacement), on the Canyon Lakes Interceptor (CLI). • Replacement of three (3) aerial pipeline segments and supports on the CLI. Approximate length is 850 LF (aerial portion only). • Replacement of seven (7) segments of aerial pipeline segments and supports on the Downtown 1 (DT -1) and 2 (DT -2) Interceptors. Approximate length is 750 LF (aerial portion only). • Ten (10) separate pipeline point repairs using trenchless methods on CLI. • Repair of joints to eliminate infiltration. • Rehabilitation of 81 existing manholes on CLI. • Replacement and/or addition of 30 new manholes on CLI. • Specification to clean and CCN entire CLI following construction of Bid Package 2 - approximately 43,600 LF. LAN, Inc. — Exhibit A 4 Canyon Lakes Sewer Interceptor Rehabilitation — Design Scope of Services 3.1. Preliminary Design Documents. Upon approval of Conceptual Design Documents, prepare up to three (3) separate Preliminary Design packages including the following: a. Cover Sheet, Overall Layout, and General Notes b. Plan and profile sheets for both pipeline rehabilitation sections, point repairs segments, and replacements segments c. Structural sheets for aerial crossing supports including General Notes, Typical Concrete Saddle and Concrete Bent Details, Typical Shallow Spread Footing and Drilled Pier Details, and Typical Bent Details d. Special detail sheets for manhole rehabilitation, manhole replacement and new manholes on the existing interceptor e. Standard detail sheets f. Erosion control plans and standard erosion details g. Access Plan (only as required) h. Limited traffic control plan and standard details Includes one (1) site visit. 3.2. Specifications - Prepare and submit five (5) copies of the table of contents for the anticipated project manual along with draft version(s) of any anticipated special specifications for review by the CITY. The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications, if required. 3.3. Opinion of Probable Construction Cost - Prepare an Opinion of Probable Construction Cost and submit with Preliminary Design Documents. ENGINEER has no control over construction pricing and makes no warranty or guarantee of accuracy in opinions of probable construction cost offered. 3.4. Conduct two (2) Plan Review Meetings (Bid Packages 1 & 2/3) with City to receive comments on Preliminary Design Documents. Deliverables: a. Preliminary Design Drawings (five (5) half size) for each bid package b. Preliminary specifications (five (5) sets) for each bid package c. Opinion of probable construction cost estimate for each bid package. Task 4: Final Design (90 & 100%) Upon approval of Preliminary Design Documents, prepare up to three (3) separate FINAL Bid Packages including the following: 4.1. Draft Design Documents (90%). Prepare and submit one (1) full size and four (4) half size Draft Final plans (90%) and five (5) sets of specifications for CITY review. 4.2. Final Design Documents (100%). Following a 90% design document review meeting with the CITY, prepare and submit five (5) sets of Final Design Documents (100%) to the CITY. Submittal LAN, Inc. — Exhibit A 5 Canyon Lakes Sewer Interceptor Rehabilitation — Design Scope of Services shall include two (2) 22" x 34" plan sets, three (3)11" x 17" plan sets and an electronic pdf set, including specifications. Each plan sheet shall be sealed, dated, and signed by the ENGINEER registered in State of Texas. 4.3. Prepare and submit a final design Opinion of Probable Construction Cost with both the 90% and 100% design packages. This estimate shall use standard CITY bid items, if available. 4.4. Conduct two (2) Plan Review Meetings (Bid Packages 1 & 2/3) with City after 90% submittal to receive comments on 90% Final Design Documents Deliverables: a. 90% Construction Documents (five (5)half size) —3 Bid packages b. 100% Construction Documents (two (2) full size, three (3) half size) — 3 Bid/packages c. Opinion of probable construction cost estimate for each Bid Package —90% & 100%. Task 5: Surveying 5.1. Topographic survey. Includes cross sections along the existing sewer line as indicated by LAN extending 100' beyond the end points of each length of underground pipe (approximately 2,500 LF ), for a 50' -wide swath along the pipe. For aerial crossing pipes (approximately 1,600 LF), extending 100' beyond the end points of the pipe, for a 100' -wide swath along the pipe. Horizontal datum will be relative to the Texas Coordinate System of 1983 (2011) Epoch 2010.0; Vertical datum will be relative to NAVD88 (Geoid 12A) 5.2 Easement Survey & Documents — Includes monumented easement corridors as specified by LAN (approximately 10 locations/easements). Deliverables a. Electronic drawing in AutoCAD compatible with Version 2013 showing elevation points, visible improvements and visible utilities within the cross section corridor utilizing layer template provided by LAN b. A comma delimited ASCII text file of all points obtained in the following format: POINT #, Northing, Easting, Elevation, Description c. Hard copy signed/sealed plat(s) of cross section surveys d. Signed/sealed plats and descriptions of the easements. One (1) PDF file and three (3) prints of each drawing. e. Separate metes and bounds descriptions of easement surveys for COL Exhibit attachment Task 6: Geotechnical Investigation (CMT Engineering) Perform geotechnical investigation to explore subsurface soil and/or rock conditions at the site to provide geotechnical recommendations for foundations of ten (10) aerial crossing supports and new manholes. Services shall include the following: LAN, Inc. — Exhibit A Canyon Lakes Sewer Interceptor Rehabilitation — Design Scope of Services 6.1. Field Exploration — Up to twenty six (26) borings will be drilled with a truck mounted drill rig and support vehicle. The borings will extend to depths of twenty five (25) and thirty (30) feet below ground surface. The relative density/consistency of the soil will be determined in general accordance with the use of the Standard Penetration Test (SPT) (ASTM D 1586) and/or Shelby tube (ASTM D 1587).Prepare tabulation of bids, and prepare a letter summarizing the bids to the CITY for award of contract. 6.2. Laboratory Testing -The engineering properties of the soil and/or rock will be evaluated in the laboratory using tests performed on selected representative samples. The samples will be visually examined and classified. Representative samples will be selected for classification, strength, and swell and/or compressibility testing. Considering the nature of the project, we recommend the following tests be performed: 1. Moisture content and/or dry unit weight; 2. Liquid and plastic limit (Plasticity Index -PI); 3. Percent passing a No. 200 sieves; 4. Grain size distribution tests of material passing No. 200 sieve 6.3. Geotechnical Engineering Analysis & Report - The field and laboratory data will be analyzed to develop geotechnical recommendations. An engineering report will be prepared to include the following: 1. Plan of borings, boring logs, and groundwater conditions at the boring locations; 2. Laboratory test results; 3. General soil and discussion of the site geology; 4. Evaluation of the swell characteristics of the soils; 5. Design recommendations for: • Foundation type, depth, and allowable loading for the pipe supports and manholes; • Lateral load resistance design parameters (LPILE Parameters) for drilled shaft foundations • Foundation construction considerations; • Earthwork; • Seismic geotechnical criteria per International Building Code (IBC 2009). Task 7: Archeological Investigation & Permitting (aci consulting) Archeological Investigation and permitting will be performed based on actual improvement recommendations. Assumed scope to be performed for this Project includes the following: 7.1. Texas Antiquities Code Investigation Permit Application - Coordinate with the THC to facilitate the approval of an investigation permit which is required prior to site investigations. This effort includes the requisite research design in accordance with the level of effort agreed upon by THC. Details from the 2013 Desktop Constraint Analysis and proposed impacts will be presented in a coordination meeting with the THC where a survey approach will be discussed and negotiated. The investigation permit application will be provided to the client for review and comment prior to signature by the City of Lubbock as the project sponsor. This Task will benefit heavily from the desktop constraints analysis completed and will not require duplication. LAN, Inc. — Exhibit A Canyon Lakes Sewer Interceptor Rehabilitation — Design Scope of Services 7.2. Archeological Fieldwork - The field work will be performed by the aci consulting personnel from Lubbock. Pedestrian survey, supplemental shovel testing, and backhoe trenching of the Area of Potential Effects (APE), consisting of 27 locations along the existing alignment, will be conducted in accordance to the agreed upon survey methods and standards established by the THC. This task includes standard recording of any newly discovered archeological resources and delineation of those resources in the APE as well as any necessary assessments and recommendations for new or previously recorded sites. According to the soils data in the APE, backhoe trenching will be necessary to determine whether intact buried cultural deposits are present in the deep sediments in the areas of impact. This cost includes the labor of archeological field personnel and a backhoe operator for 9 field days. 7.3. Data Analysis, Report Preparation, and Curation - This task will involve the assessment of the data collected from the field work, the formulation of NRHP or SAL site recommendations, the recommendations of any further evaluations, if necessary, and the production of a draft report submitted to the THC for approval and concurrence in order that the rehabilitation project may proceed. Much of the background and literature review will not have to be duplicated and will draw from the previous Desktop Constraints Analysis. A draft report will be submitted to the client prior to submittal to THC. Draft and final versions of the report will be submitted to the THC as part of the deliverables. Following THC requirements, all field documents will also be curated for submittal to the Texas Archeological Research Laboratory (TARL) as is required by the Texas Antiquities permit. In order to minimize the lab and curation costs, aci consulting will propose the work as a non -collection survey. This will minimize cost because no artifacts will be collected as part of this effort and therefore, will not require curation. Task 8: Environmental Investigation & Permitting (T. Baker Smith) Section 404 of the Clean Water Act (CWA) regulates discharge of dredged/fill material into waters of the US. Any activities within that scope of the 404 permit are regulated with regards to any impacts to waters of the US within the project area. TBS will assess the areas within the project site for wetlands (approximately seven to eight areas), and prepare a report detailing the soils, vegetation, and hydrology of the various areas where there will be aerial crossings and potential impacts to Waters of the US. If required, TBS will complete the 404 Permit once the plat(s) of the project areas are completed and submit the 404 Permit on behalf of LAN/Lubbock to the Corps of Engineers. It is assumed that a General Permit can be utilized for this project. If impact of aerial crossings is small enough, 404 Permitting will not be required. Task 9: Jurisdictional Permitting ENGINEER will acquire all jurisdictional permits required associated with rehabilitation and/or replacement of existing sewers under TXDOT and railroad right-of-way. Anticipated six (6) total permits required. Bid Phase Services - Bid Packages 1 & 2 Task 10: Bid Phase Services — Bid Packages 1 & 2/3 ENGINEER will provide support for two separate bid events associated with Bid Package 1 and 2/3 of the project. Services for each bid will include: LAN, Inc. —Exhibit A Canyon Lakes Sewer Interceptor Rehabilitation — Design Scope of Services 10.1. The ENGINEER shall provide plans, specifications and Notice to Bidders in .PDF format to the CITY's third party bidding service. 10.2. Issue addenda as required. 10.3. Receive and answer bidders' questions and requests for additional information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders' questions and requests, in the form of an addendum. The ENGINEER shall create and issue one addendum to all plan holders. 10.4. Prepare for, attend and conduct a Pre -Bid meeting. 10.5. Attend the bid opening in support of the CITY. 10.6. If the RFP process is used, assist the CITY in evaluating and ranking the submitted proposals. 10.7. Prepare tabulation of bids, and prepare a letter summarizing the bids to the CITY for award of contract. 10.8. Prepare ten (10) sets of the contract documents for execution by the Contractor, receive and review such documents for completeness, and forward to the CITY for review and execution. OPTIONAL ENGINEERING SERVICES CITY and ENGINEER agree that the following services are beyond the Basic Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon written request of the CITY. Any additional amounts paid to the ENGINEER as a result of any material change to the scope of the PROJECT shall be agreed upon in writing by both parties before the services are performed. These additional services may include the following: Task 11: Land Acquisition Acquire temporary and/or permanent easements for non -City owned properties. Provide services necessary to acquire rights-of-way in a form acceptable to the Client. Services will be provided in accordance with HB 1495 —The Land Owner's Bill of Rights. Major tasks for land acquisition services and rights-of-way may include appraisals, property cost and pricing, document preparation, title information, negotiation, title review for oil and gas leases and severed mineral rights, and/or closing procedures. Task 12: Specialized Trenchless Design Basic Services includes design for rehabilitation of existing metal buried pipes and replacement of aerial crossings. In the event that existing pipe cannot be rehabilitated under existing road, railroads, or other major crossings, additional design will be required for trenchless design of for a new pipe. The exact limits and scope of these services will be determined during the Preliminary Engineering Phase. ENGINEER will not proceed with additional trenchless design until a specific scope of work for such services is approved by the City. Task 13: Bypass Pumping Design Basic Services includes the feasibility evaluation and developing design criteria for bypass pumping for both the rehabilitation segments and replacement aerials, as well as identified bypass pumping LAN, Inc. — Exhibit A 9 Canyon Lakes Sewer Interceptor Rehabilitation — Design Scope of Services requirements on a performance basis. In the event that bypass pumping design is required to specify piping routing, pump design, additional easements, and/or additional permitting for bypass pumping, these services shall be performed as Optional Services once approved by CITY. ASSUMPTIONS AND EXCLUSIONS Services not included in the Basic or Optional Services described herein include: a. Construction phase services including resident project representative. b. Right -of -entry. c. Easement acquisition associated with City -owned properties. City to acquire these easements and executed necessary documents. d. Condemnation services. e. Site access design associated with construction including roadway, grading, and drainage design. f. Flow and rainfall monitoring. g. Fees for all permits to be paid directly by City. SCHEDULE ENGINEER is prepared to complete the Design and Bid Phase portion of the project discussed herein in accordance with the attached schedule. The anticipated project duration is twenty-two (22) months. LAN, Inc. — Exhibit A 10 Exhibit B This Exhibit B is part of the Agreement, between Lockwood, Andrews & Newnam, Inc. (LAN) (the "Engineer") and the City of Lubbock (the "City") for the Project generally described as: Canyon Lakes Sanitary Interceptor Rehabilitation — Design & Bidding 1. Budget Amount by Scope Item Task for Condition Assessment Phase: 2. Terms of Payment Payments to the Engineer will be made as follows: A. The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. LAN, Inc. — Exhibit B BUDGET Task No. Task Name Budget Amount 1 Project Management & Coordination $62,285 2 Preliminary Engineering (30%) $173,365 3 Preliminary Design (60%) $145,800 4 Final Design $162,325 5 Surveying $40,563 6 Geotechnical Investigation $50,820 7 Archeological Investigation/Permitting $36,091 8 Environmental Investigation/Permitting $33,361 9 Jurisdictional Permitting $17,200 10 Bid Phase Services (2 separate bids) $39,290 TOTAL BASIC SERVICES (NOT TO EXCEED) $761,100 11 Land Acquisition $75,000 12 Specialized Trenchless Design 13 By-pass Pumping Design TOTAL SERVICES (BASIC + OPTIONAL, NOT TO EXCEED) $836,100 2. Terms of Payment Payments to the Engineer will be made as follows: A. The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. LAN, Inc. — Exhibit B Canyon Lake Interceptor Rehabilitation — Design B. The Engineer shall issue monthly invoices for all work performed under this Agreement. Invoices are due and payable within 30 days of approved receipt. C. In the event of disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. D. If the City fails to make payment in full to Engineer for billings contested in good faith within 60 days of the amount due, Engineer may, after giving 7 days' written notice to City, suspend services under this Agreement until paid in full, including interest. In the event of suspension of services, the Engineer shall have no liability to City for delays or damages caused by the City because of such suspension of services. 3. Direct Expenses (Reimbursable) A. Engineer's Reimbursable Expenses, when part of the basis of compensation, are those costs incurred on or directly for the City's Project, including, but not limited to, necessary transportation costs, including Engineer's current rates for Engineer's vehicles; meals and lodging; laboratory tests and analyses; computer services; word processing services; telephone, printing, binding and reproduction changes; all reimbursable costs associated with outside consultants, subconsultants, subcontractors, and other outside services and facilities; and other similar costs. Reimbursement for Reimbursable Expenses will be on the basis of actual charges when furnished by commercial sources and on the basis of current rates when furnished by Engineer. Engineer and subcontractor direct (reimbursable) expenses will be billed at a cost plus a 10 percent surcharge. B. Engineer will be paid on an hourly rate basis, as shown in Item No. 5. Engineer and subcontractor direct (reimbursable) expenses will be billed at cost plus a 10 percent surcharge. C. The Engineer shall keep records on the basis of generally accepted accounting practices of cost and expenses and such records shall be available for inspection by Owner during normal business hours. 4. Not to Exceed Compensation A. The Engineer will perform the services described in Exhibit A at "Not to Exceed" total compensation amount of $836,100, unless the Agreement is amended otherwise by the City Council. The final compensation for the major tasks can be over or under the estimated budget amount per task, as shown in No. 1 above as long as the total "Not to Exceed" amounts are not surpassed. Budget can be transferred between tasks upon approval of City Project Manager. LAN, Inc. — Exhibit B Canyon Lake Interceptor Rehabilitation — Design 5. Rate Schedule: Hourly Labor Staff Description Staff Code Billing Rate Principal /Technical Advisor E8/E9 $275 Senior Project Manager E7 $250 Senior Civil Engineer E6 $185 Project Manager E6 $160 Project Engineer E4 $138 Graduate Engineer E1 -E3 $115 Senior Designer C3-C4 $115 Senior Admin Staff A4 $85 Admin Staff Al -A3 $70 Intern 11 $55 The above fee schedule shall remain in effect for the duration of the project. LAN, Inc. — Exhibit B ta-n Eahibit B (DotaRj Canyon Lakes Sewer Rehab DRAFT Budget Worksheet Design & Bid Phase 4!30=.. item No. Description Prine. /Tech Adv. Sr. Project Monster Hours bV Catego Sr. Civil Project En ineer En&eer Grad En ineer Senior Designer Sr. Admin Eivenses Fee Total Fee BASIC SERVICES Sr. Civil Engineer $ 185 Project En $ 135 Task 1: Project Management S Coordination $ 110 Senior Desi $ 115 Sr. Admin $ 1 1 Prepare Project Work Plan 6 1 $ 8 8 $ Z820 1.2 Kickoff Meeting with City 10 8 8 2 1600 $ 6,830 1.3 Monthly Status Calls 19 8 19 8 4 $ 10,015 1.4 Internal Coordination/Tracking 4 35 35 35 10 8 4 $ 23,410 Meetings with City (assume 2 in addition to kickoff and 1.5 works 18 16 16 4 3200 S 12,660 1.8 Project Invoicing 16 30 $ 6,550 Subtotal Task 1: 4 102 67 84 1a a s0 $ 4,800 $ 6 285 Task 2 Preliminary Engineering 30% 2.1 AltemativeEvaluation 14 70 82 143 133 80 8 5250 $ 85,585 2.2 implementation Pian 4 10 8 8 2 $ 8,110 2.3 Conceptual Design Documents (30%) 30 45 45 88 92 4 $ 42,500 2.4 Preliminary Engineering Report 8 2 Tech Review Meetings 15 28 30 45 45 14 3000 $ 31,890 2.5 Presentation to City Water Advisory Committee 18 8 4 4 1000 $ 7,280 Subtotal of Task 2: 33 134 173 239 268 176 30 S 9,250 $ 17 365 Task 3: Preliminary Design 60% 3.1 Preliminary Design Drawings 12 45 75 130 225 350 $ 110,975 3.2 Specifications 3 8 16 28 30 16 $ 13,725 3.3 Opinion of Probable Construction Cost 4 8 12 18 8 2 $ 8,530 3.4 Conduct Plan Review Meetings with City 18 20 20 21 2000 $ 12,570 Subtotal of Task 3: 19 75 123 194 263 350 20 S ZOOO S 145,800 Task 4: Final Design 9D%& 100% 4.1 Draft Design Documents 90% 16 30 55 95 165 300 4 $ 87,890, 4.2 Final Design Documents 100% 10 20 40 70 85 165 4 $ 53,285 4.3 Draft and FM Design Opinion of Probable ConsLCost 4 4 4 16 18 4 $ 7,100 4.4 Conduct Plan Review Meeting with City 16 20 20 2 3500 $ 14,070 Subtotal Task 4: 30 70 119 201 266 465 14 $ 3,500 $ I 325 Task 3: Surveyina $ 40 583 Task 6: Geotechnical Investigation $ 50,E Task 7: Archeological Investigation/Permitting $ 36,091 Task 8: Environmental Investl aton/Permi in $ 33,381 Task 9:Jurisdictional Permitting 4 12 120 12 $ 17200 Task 10: Bid Phase Services Contract 1 & 2 10.1 Bid Documents 4 8 8 4 8 a $ 6,220 10.2 Addenda 4 8 12 8 8 4 $ 8,860 10.3 Answer Bidder's Questions, Addendum 4 4 6 12 4 $ 4,330 10.4 Pre -Bid Meati 2 16 1200 $ 4,660 10.5 Bid Opening 2 16 1200 $ 4880 10.6 Evaluating and Ranking Proposals 4 8 8 $ 2,980 10.7 Tabulate Bids 2 4 10 1 $ 2,140 10.8 Prepare Contract Documents 8 12 6 a 24 $ 7,460 Subtotal Task 10: 8 38 36 so 50 28 36 S Z400 $ 39,290 TOTAL BASIC SERVICES 1 94 439 518 768 865 1027 11501$ 21.95013 761 100 TOTAL FEE BASIC SERVICES): $ 761,100 OPTIONAL SERVICES Task11 A uisition Rate TOTAL FEE (WITH OPTIONAL SERVICES): $ 836,100 Task 12 akzed tenchlass design tunnek microtunnea $2,000 $75,000 Task 13 1 By-passm' design Sr. Manager $ 250 Staff Level Rate TOTAL FEE (WITH OPTIONAL SERVICES): $ 836,100 Princ. / Tech Adv. $ 275 Sr. Manager $ 250 Sr. Civil Engineer $ 185 Project En $ 135 Grad Engineer $ 110 Senior Desi $ 115 Sr. Admin $ 85 Intern 1 $ 55 4TH ST cityof Tubck � 9TH ST TEXAS N A 0 1,500 3,000 Feet Release Date March 2014 LanLockwood, Andrews &Newnam, Inc. A L,. A 6 -ALV -COMPANY Ir 1 • ■ • . .d A • . A CXI11NIl 1 : rfU CLL HF -Cd LU URSULINE ST Legend Q a z w LU w Q ® WWTP a a � Q > MARSHALL ST Op289 LOOP 289 �o Rehab Manholes O zExist,<v lng Pies holes Rehab P ERSKINE ST Existing WWL O y o� OJQ, MARSHA SHARP ML BROADWAY LU a � Lockwood. Andrews & Newnam Inc. makes no representatiam or warrantiesregarding accuracy or completeness of the information depicted on this map or the data from which it was produced This map is NOT suitable for survey purposes and does not purport to depict or establish boundaries between land owners or locations of utility infrastructure where survey data is available and field locations have been established NIR 2 Q w Q N LU a z Lockwood. Andrews & Newnam Inc. makes no representatiam or warrantiesregarding accuracy or completeness of the information depicted on this map or the data from which it was produced This map is NOT suitable for survey purposes and does not purport to depict or establish boundaries between land owners or locations of utility infrastructure where survey data is available and field locations have been established Capital Project Number: Capital Project Name: Encumbered/Expended City of Lubbock staff time City of Lubbock, TX Capital Project June 12, 2014 92318 Canyon Lakes Sanitary Sewer Mains Rehabilitation Contract 11198 with LAN for CLSSI condition assessment Agenda Item June 12, 2014 Professional Services Agreement with LAN for final design Encumbered/Expended To Date Estimated Costs for Remaining Appropriation Remaining Appropriation Total Appropriation Budget $ 8,634 495,208 836,100 1,339,942 160,058 $ 1,500,000