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HomeMy WebLinkAboutResolution - 2013-R0262 - Contract - Lockwood, Andrews, & Newnam Inc.- Condition Assessment CLSSIR Project - 08/08/2013Resolution No. 2013—RO262 August 8, 2013 Item No. 5.6 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 related to the Condition Assessment of 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 _ August 8, 2013 RTSON. MAYOR ATTEST: Reb ca Garza, City Secr ary APPROVED AS TO CONTENT: R. Keith Smith, P.E., Chief Operating Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs RESTSC-LAN, Inc. July 2, 2013 Resolution No. 2013-RO262 Capital Project Number: Capital Project Name: Encumbered/Expended City of Lubbock staff time City of Lubbock, TX Capital Project July 2, 2013 92318 Canyon Lakes Sanitary Sewer Mains Rehabilitation Agenda Item July 25, 2013 Professional Services Agreement with LAN Encumbered/Expended To Date Estimated Costs for Remaining Appropriation Remaining Appropriation Total Appropriation Budget $ 2,176 495,208 497,384 1,002,616 $ 1,500,000 Resolution No. 2013—RO262 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This contract, (the "Contract" or "Agreement"), effective as of the 8th day of August 2013 (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 Condition Assessment of Canyon Lakes Sanitary Sewer Interceptor Rehabilitation Project (the "Activities"); and WHEREAS, ENGINEER has a professional staff experienced and is qualified to provide professional engineering services related to 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 210 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 her 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 II. SERVICES AND COMPENSATION A. ENGINEER shall conduct all activities and within such timeframes as set forth on Exhibit "A", attached hereto (the "Services"). LAN, Inc. Professional Agreement Page 1 of 9 B. ENGINEER shall receive as consideration to be paid for the performance of the Services set forth in Basic Services Tasks 1 through 8 based on hourly and unit rates, not to exceed $495,208, per Exhibit "B". Services for Tasks 9 include Optional Services and will not be performed without written authorization from the CITY, not to exceed $82,715. Total not to exceed for this Contract (Tasks 1 through 9) is $577,923. 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 other 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 document, 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 part of ENGINEER. This Contract constitutes legal, valid, and binding obligations of the ENGINEER and is enforceable in accordance with the terms thereof. LAN, Inc. Professional Agreement Page 2 of 9 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 or ordinance 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 by 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 Basic Services for Condition Assessment of the Canyon Lakes Sanitary Sewer Interceptor, 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. Preliminary and final design, bidding assistance, and construction phase assistance will be performed in future phases of the project. A separate scope of work for those services will be submitted for review and approval by the CITY following the Condition Assessment Phase. 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: Combined Single Limit: $1,000,000 Professional Liability: 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. 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. 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 LAN, Inc. Professional Agreement Page 4 of 9 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. 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. ARTICLE XI. INDEMNITY 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. LAN, Inc. Professional Agreement Page 5 of 9 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 Attn: Zoltan Fekete, P.E. P. O. Box 2000 Lubbock, Texas 79408 1625 13th Street Lubbock, Texas 79401 Telephone: (806) 775 —3317 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 LAN, Inc. Professional Agreement Page 6 of 9 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. 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. LAN, Inc. Professional Agreement Page 7 of 9 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. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK Ro ertson, Mayor ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: P - R. Keith Smith, P.E., Chief Operating Officer LAN, Inc. Professional Agreement Page 8 of 9 APPROVED NS TO FORM: es Engineer Chad Weaver, Assistant City Attorney LOCKWOOD, ANDREWS & NEWNAM, INC. By: If Name: Drew P. Hardin, P.E. Title: Vice President LAN, Inc. Professional Agreement 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 The purpose of this Agreement is as follows: The scope of work contained herein is for engineering and inspection services related to the Canyon Lakes Sanitary Sewer Main Improvements. The project consists of evaluating approximately 43,600 linear feet of 24/30 -inch Sanitary Sewer Interceptor. The existing line is composed of concrete, ductile iron and clay pipe sections with 4 -foot diameter manholes. The line generally extends from Loop 289 just west of Highway 84 (Clovis Highway) to the City's Southeast Water Reclamation Plant. This phase of the project will focus on the assessment of the existing line and manholes. Future phases of the project are anticipated to include preliminary engineering, final design, and bidding/construction. The Engineer agrees to furnish the CITY with the following specific services: BASIC ENGINEERING SERVICES Task 1: System Inspection & Assessment 1. Data Collection. Review existing information, including existing record drawings, existing reports, overflow data, and other data made readily available by the City. 2. Manhole Inspection: a. Visit the site and provide an initial manhole accessibility determination (Assume 2 EITs for 4 days, each). Engineer shall compile a list of inaccessible manholes (buried, locked, private property, etc.) and will request assistance from the City on access, where necessary. b. Survey of x,y and z coordinates for rims of existing manholes — assumed 80 manholes (HugoReed). C. Top side manhole condition inspection with pole camera and measuring invert elevations — assumed 80 manholes on Canyon Lakes line (CleanServe). d. Manned entry manhole inspection, for representative sample of manholes (i.e. brick, precast, heavy corrosion, etc.) — assumed 12 manholes (CleanServe). 3. CCN Inspection & Cleaning (Cleanserve) a. Mobilization / Demobilization of Vactor, CCTV Van, Pickup and Personnel. b. CCTV of Canyon Lakes Lines — assumed 43,600 linear feet. 6/4/2013 LAN - 16P-10629-000 C. Re -Mobilization / Demobilization of Vactor and Operator Only, if required. d. Re -Setup of Vactor for areas that require cleaning to get CCTV access — assumed 13 locations. e. Pipe cleaning—assumed 120 hours. f. Disposal of debris at City of Lubbock landfill for cleaning — assumed 15 loads associated with 2 weeks of cleaning. g. Travel expenses for four (4) crew members — assumed 25 days. 4. Determine areas where blockages exist. Appropriate cleaning techniques will be developed in conjunction with CleanServe. Engineer and City will jointly authorize cleaning to relieve blockages. a. Visual survey of flow level in manhole — assumed 150 hours for the manholes on Canyon Lakes line during night-time hours (CleanServe). b. Engineer support to determine areas requiring cleaning and coordination with City to authorize relief of blockages. 5. CCN Review / Analysis: a. Technical field support of CCN and cleaning - LAN to review video as its being taken to provide additional direction to CCN crew. Simultaneously LAN will inspect representative manholes along the system. LAN will have a project engineer in the field for 5 days for the review and will have a graduate engineer (EIT) in the field for the remaining duration of CCN activities, anticipated to be 20 days. b. Office review CCN data provided under Item 3.b and will document conditions of existing pipe segments. 6. Develop Technical Memorandum and conduct workshop with City regarding existing conditions of the pipe segments and manholes. Submit five (5) copies of draft copy for review. City comments to be incorporated in Final Report. Task 2: Blockage Analysis 7. Determine areas of blockage based on review of CCTV and discussions with field crews. 8. Perform cause analysis and review surrounding conditions of system at blockages. Analysis will revolve around types of materials found in the pipe, the slopes and dynamics of flow in the areas. 9. Determine options for limiting future blockages. 10. Develop Technical Memorandum on Blockage Analysis and submit five (5) copies for City review. Task 3: Design Flow Projections 6/4/2013 LAN -1613-10629-000 11. Obtain information on future NW WWTP anticipated flows. 12. Review WW Master Plan flow projections and historical flow and rainfall data from two existing meters to determine existing average daily dry weather flow and peak wet weather flows. 13. Develop future growth projections. 14. Compile flow projections for up to three (3) flow scenarios and recommend final design flows. 15. Develop Technical Memorandum on Flow Projections and submit four (4) copies for City review. Task 4: Capacity Analysis 16. Update EXISTING SewerGEMS Model based on following information: a. Pipe size/roughness per CCN results. b. Updated flow information based on revised flow projections c. Revised sewer network information obtained from survey and manhole inspection data. 17. Review City design criteria and document criteria to be used for system improvements. 18. Run updated Sewer GEMS model with alternative flow scenarios to identify capacity constraints and recommend pipe size to convey design flows for existing and ultimate conditions. 19. Develop Technical Memorandum on Capacity Analysis and submit five (5) copies for review. Task 5: Preliminary Constraints Map 20. Perform Archaeological desktop review based on existing archeological investigations performed in the area and other data available (aci Consultants). City to provide existing reports. 21. Prepare Phase 1 Environmental Site Assessment (ESA) in accordance with ASTM E 1527-05 as well as All Appropriate Inquiry (T Baker Smith). 22. Identify other project constraints including structures, roads, park improvements, utilities (based on City GIS data), etc. 23. Develop Technical Memorandum including Constraints Map on Project Constraints. Task 6: Prelim Rehabilitation Feasibility Analysis 24. Develop list and description of acceptable rehabilitation options. 25. Compile conditions and capacity results per pipe segment. 26. Develop matrix of options vs. pipe segment/manhole. 27. Identify preferred rehab techniques per segment/manhole. 6/4/2013 LAN - 1613-10629-000 28. Develop Technical Memorandum on Rehabilitation Feasibility Analysis and submit five (5) copies for City review. 29. Workshop Meeting with City to Discuss Rehabilitation Analysis. Task 7: Condition Assessment Report 30. Compile technical memorandums from Tasks 1-6. 31. Develop recommendations for next steps. 32. Develop Draft Condition Assessment Report and submit five (5) copies for City review. 33. Develop Final Condition Assessment Report based on City comments and submit five (5) copies. Task 8: Proiect Management & Coordination 34. Prepare Project Work Plan. 35. Kickoff Meeting with City. 36. Prepare bi-weekly status reports to City. 37. Internal coordination meetings 38. Meetings with City — assumed 2 in addition to kickoff meeting and planned workshops. 39. Project Status & Invoicing. OPTIONAL SERVICES Optional Services shall only be performed if authorized in writing by the City. These Services include: Task 9: Optional Cleaning Service Considerations 40. Sonar profiling of existing lines — assumed 5,000 linear feet. 41. Sonar mobilization — only used if above Task 40 is authorized. 42. Water truck and driver to allow for more continuous cleaning — assumed 40 days. 43. Additional pipe cleaning— assumed 130 hours. 44. Additional disposal of debris at City of Lubbock landfill for cleaning — assumed 15 loads. 45. Engineering support if additional CCTV / Cleaning is required. Assumed 48 hours. EXCLUSIONS The following services are NOT included in this Scope of Work and will not be performed unless authorized in writing by City: 1. Flow and rainfall monitoring. 2. Infiltration / Inflow analysis 6/4/2013 LAN - 16P-10629-000 3. Preliminary Engineering including archeological inspection and testing, geotechnical borings, soil testing, route analysis, detailed design drawings, etc. These are anticipated to be authorized as a potential future phase. 4. Special blockage elimination techniques including excavation, sewer hog, bucket cleaning, etc. 5. Costs for City water shall be reimbursed directly by City and are not included herein. SCHEDULE LAN is prepared to complete the Condition Assessment Phase portion of the project discussed above in accordance with the attached schedule. The anticipated project duration is 210 calendar days. 6/4/2013 LAN - 16P-10629-000 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 1. Budget Amount by Scope Item Task for Condition Assessment Phase: LAN, Inc. — Exhibit B BUDGET Task No. 1 Task Name —71—Amount Basic Service SOON System Inspection & Assessment Budget $327,564 1.1 Review Existing Data $7,306 1.2 Manhole Inspection $46,122 1.3 CCTV Inspection & Cleaning $185,258 1.4 Blockage Research / Cleaning $9,196 1.5 CCN Review / Analysis $63,310 1.6 Tech Memo & Workshop $16,373 2 Blockage Analysis $13,696 3 Design Flow Projections $19,922 4 Capacity Analysis $18,996 5 Preliminary Constraints Map $22,942 6 Preliminary Rehabilitation Feasibility Analysis $36,250 7 Condition Assessment Report $21,030 8 Project Management & Coordination $34,807 TOTAL BASIC SERVICES (NOT TO EXCEED) $495,208 fav gi-wibixw 41 9 Optional Cleaning Service Considerations $82,715 9.1 Sonar Profiling (5.000 LF) $22,000 9.2 Sonar Mobilization $4,840 9.3 Water Truck and Driver (40 Days) $2,200 9.4 Additional Pipe Cleaning (130 Hours) $35,750 9.5 Additional Disposal of Debris (15 loads) $10,725 9.6 Additional Support for CCTV/Cleaning Operations $7,200 TOTAL SERVICES (BASIC + OPTIONAL, NOT TO EXCEED) $577,923 LAN, Inc. — Exhibit B 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. 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 $577,923, 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 LAN, Inc. — Exhibit B to Exceed" amounts are not surpassed. Budget can be transferred between tasks upon approval of City of Lubbock Owner's Representative. 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 $182 Project Manager E6 $160 Project Engineer E4 $130 Graduate Engineer E1 -E3 $110 Senior Designer C3-C4 $110 Senior Admin Staff A4 $85 Admin Staff Al -A3 $70 Intern 11 $55 Field Services Staff Description Unit Unit Rate 1 Manhole Survey Each $250 Top Side Manhole Inspection Each $100 Manned -Entry MH Inspection Each $350 Mobilization/Demobilization (Vactor, CCN, Pickup & Personnel) Each $13,000 Mobilization/Demobilization —Sonar Each $4,400 Re-Mobilization/Demobilization (Vactor & Personnel) Each $1,700 Re -Setup Fee Each $250 CCTV Inspection LF $2.31 Sonar Inspection LF $4.00 Pipe Cleaning Crew -Hour $250 Water Truck & Driver Day $50 Disposal of Debris from Cleaning Load (10 cy=25k Ib) $650 Subsistence (4 Crew Members) Crew -Day $400 ill Not including 10% markup. The above fee schedule shall remain in effect for the duration of the project. LAN, Inc. — Exhibit B i . 7T BEGIN r"PROJECT ..J J` L : 1` N i I— N I END PROJECT ..J LOOP 289 US 84 I - I N r 0 2500 5000 7500 1'-5000' LOCATION MAP CANYON LAKES SANITARY SEWER MAIN Lawodcm=mjnc.Cit of Lubbock iN° ADALTO LSO A DALY COMPANY 162 13th Street Lubbock, Texas 79401 Lubbock, Texas lob No. 16P-10629-000 ILINE 2013 LOCATION MAP