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HomeMy WebLinkAboutResolution - 2011-R0538 - Agreement - Carollo Engineers Inc. - 12/01/2011Resolution No. 2011-80538 December 1, 2011 Item No. 5.8 RESOLUTION 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 rected to execute for and on behalf of the City of Lubbock, a Professional Services 3,reement between the City of Lubbock and Carollo Engineers, Inc., and all related icuments. Said Agreement is attached hereto and incorporated in this Resolution as if lly set forth herein and shall be included in the minutes of the Council. by the City Council this December 1 , 2011. TOM MARTIN, MAYOR TTEST: Garza, PROMD AS TO CONTENT: Reed, P.E., Chief Operating'Olficer VED AS TO FORM: K ;s/Agreement-hrDtfssional Servs-Carollo Lnginecrs.res 2011 IA 11 Resolution No. 2011—RO538 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK This contract, (the "Contract" or "Agreement"), effective as of the 1st day of December , 2011, (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a Texas home rule municipal corporation, and Carollo Engineers, Inc., ("ENGINEER") a Delaware corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, the City desires to obtain professional engineering services related to the design and bidding services for the Southeast Water Reclamation Plant Solids Handling Improvements 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 700 calendar days. The term may be extended by subsequent amendments of this Agreement, with the written and authorized consent of both parties. 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"). B. ENGINEER shall receive as consideration to be paid for the performance of the Services set forth in Tasks 1 through 8 based on hourly, not to exceed $3,199,860 per Exhibit "B" attached hereto. Payment shall be made in monthly installments as the Services are performed commencing with the Effective Date of this Agreement. Carollo Professional Agreement Page 1 of 8 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. 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. 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. Garollo Professional Agreement Wage 2 of 8 ARTICLE V. SCOPE OF WORK ENGINEER shall accomplish the following: Professional Engineering Services related to the design and bidding services for the Southeast Water Reclamation Plant Solids Handling Improvements Project, as defined in Exhibit "A". ARTICLE VI. 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. ARTICLE VII. INSURANCE Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. 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: $ 500,000 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 Carollo Professional Agreement Page 3 of 8 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. 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. ARTICLE VIII. 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", 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 IX. 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 X. INDEMNITY ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, Carollo Professional Agreement Page 4 of 8 THE NEGLIGENT ACTS OF ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OF OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OF TERMINATION OF THIS AGREEMENT. ARTICLE XI. 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 XII. 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: Carollo Engineers, Inc. Attn: Hani E. Michel, P.E. 8911 Capital of Texas Hwy. North Suite 2200, Building 2 Austin, TX 78759 Telephone: 512.453.5383 Facsimile: 512.453.0101 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Zoltan Fekete, P.E. P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 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. Carollo Professional Agreement Page 5 of 8 ARTICLE XIII. 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 XIV. 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. I. Entire Agreement. This Contract, including Exhibits "A," "B," and "C," attached hereto, contains the entire Contract between the City and ENGINEER, and there are no Carollo Professional Agreement Page 6 of 8 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. 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 parry other than City and ENGINEER. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK Tom Martin, Mayor ATTEST: Reb cca Garza, City ecreta APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operating Officer Tur ' , PA., Chief Engineer Carollo Professional Agreement Page 7 of 8 APPROVED AS TO FORM: Vms, ss ht City Attorney CAROLLO ENGINEERS, INC. By: Name: Title:SSDur�f� �/�G�✓�S,�P.+� By: ��� Name: A-Sff (4 -)1j --'S(11 Title: Carollo Professional Agreement Page 8 of 8 (f () 0 Resolution No. 2011—RO538 EXHIBIT A DESIGN AND BIDDING SERVICES FOR CITY OF LUBBOCK SOUTHEAST WATER RECLAMATION PLANT SOLIDS HANDLING IMPROVEMENTS PROJECT 1.0 BACKGROUND The City of Lubbock (CITY) retained Carollo Engineers (ENGINEER) to provide professional engineering services to complete the Solids Stream Studies (Studies) at the Southeast Water Reclamation Plant (SEWRP) (November 2009). The Studies identified methods to upgrade or replace existing facilities, improve operations and operator safety, reduce odors and develop alternative biosolids management practices to reduce the volume of solids for disposal. The Studies recommended three projects for immediate implementation, which were approved by Council in the adoption of Fiscal year 2010-2011 Capital Budget; Digesters 8 and 9 Improvements Project, End Use/Disposal Improvements Project and the Solids Handling Improvements Project. This Exhibit A provides for Engineering Services associated with the Solids Handling Improvements Project. 2.0 PURPOSE The purpose of this Exhibit A is to establish the Scope of Work, the Time of Performance, and the Engineering Services Budget for design services to prepare contract documents necessary to obtain bids from qualified contractors to perform the work associated with the Solids Handling Improvements Project. 3.0 PROJECT DESCRIPTION The work associated with implementing the Solids Handling Improvements Project is described as follows: Site Work: a. General paving and grading improvements in the vicinity of the Solids Handling Building, and work areas around the Headworks Odor Control Facilities. b. Yard piping. C. Dewatering centrate disposal/recycle pipeline from Solids Handling Building to Retention Basin. d. Confirm size and condition of sludge transfer line from Digesters 8 and 9 to Holding Tanks and replace as needed. e. Confirm size and condition of sludge transfer lines from Sludge Holding Tanks (Digesters 6 and 7) to dewatering and replace as needed. Carollo Professional Agreement Page 1 of 13 f. Landscaping around Solids Handling Building with irrigation system. 2, Headworks Odor Control: a. Demolition of existing wet scrubber odor control system. b. Demolition of existing corroded ductwork (external to headworks building). C. Demolition of existing air supply fans. d. Installation of new air supply fans. Size to match existing. e. Installation of new odor treatment technology utilizing a packaged biotrickling filter system. f. New ducting to replace existing corroded ducting (outside of Headworks building). g. New roof over fan and heating unit. h. Design criteria and ventilation rates to remain per existing design. 3. Sludge Holding Tanks and Control Building (Digesters 6 and 7 ): a. Demolition of the existing sludge heating equipment on digester domes. 4. Digested Sludge Pumping Station: a. Demolition of existing sludge transfer pumps. b. Installation of new digested sludge transfer pumps. C. Confirm sizing and condition of digested sludge transfer piping and replace as needed. 1) Demolition of existing sludge recirculation pumps. 2) Installation of new larger size sludge recirculation pumps. 3) New sludge recirculation piping as required. 4) Structural modifications as needed for new equipment. 5) Installation of new ventilation system for code compliance. 5. Solids Handling Building: a. Area 1 — Thickening Facilities: 1) Demolition of existing gravity belt thickeners (GBT). 2) Demolition of existing GBT feed pumps. 3) Demolition of existing thickened sludge pumps. 4) All demolition to be sequenced with installation of new equipment for continuous operation. 5) Installation of three new rotary drum thickeners (RDT). 6) Installation of three RDT feed pumps and appurtenances. 7) Installation of three new thickened waste activated sludge (TWAS) pumps to Digesters 8 and 9. 8) Structural modifications as needed for new equipment. 9) Access ladders or platforms for RDTs. b. Area 2 — Dewatering Facilities (Centrifuge Operated 10 hours per day, 5 days per week): 1) Demolition of existing belt filter presses (BFP). Carollo Professional Agreement Page 2 of 13 2) Demolition of existing BFP feed pumps. 3) Demolition of dewatered sludge conveyors and truck loading facilities. 4) Demolition of grating and mezzanine around existing RFPs. 5) All demolition to be sequenced with installation of new equipment for operation 10 hours per day, 5 days per week. 6) Installation of four new sludge dewatering centrifuges. 7) Installation of four new centrifuge feed pumps and appurtenances. 8) New dewatered sludge cake conveyance (shaftless screw conveyors) to sludge trucks. 9) Consider feasibility of providing three 30 -cubic yard truck loading hoppers within the existing building. 10) Structural modifications (within existing building), as needed, for new equipment. C. Area 3 — Ventilation and Odor control: 1) Demolition of existing equipment within mechanical room. 2) Demolition of ventilation louvers and filters for air intake. 3) Demolition of existing ventilation and ductwork. 4) All demolition to be sequenced with installation of new equipment for continuous operation. 5) Installation of new air supply and exhaust fans. 6) Installation of new FRP ductwork. 7) Installation of packaged bio trickling filter odor control system. 8) Existing building heating system to be reused or replaced as needed. d. Area 4 — Polymer Feed Systems: 1) Demolition of existing polymer feed equipment. 2) Demolition of electrical equipment within MCC room. 3) All demolition to be sequenced with installation of new equipment for continuous operation. 4) New liquid polymer system for waste activated sludge (WAS) thickening. 5) New liquid polymer system for sludge dewatering. 6) General building improvements: 7) Replacement of all interior and exterior doors. 8) Installation of sound attenuation panels as required. 9) Evaluate existing bridge crane and replace as needed. 6. Ferric Feed System to manage phosphorus levels in plant recycle stream: a. Two new feed pumps located at existing ferric facility. b. Appurtenances. C. Double contained ferric piping from existing ferric facility to new feed point(s). 7. Electrical and Controls: a. New lighting for Digested Sludge Pumping Station. Carollo Professional Agreement Page 3 of 13 b. New lighting for Solids Handling Building. C. New lighting as needed in vicinity of Headworks Odor Control. d. Electrical and Control System improvements for Headworks Odor Control. e. Electrical and control system improvements for Sludge Holding Tank Recirculation Pumping System. f. Electrical and control system improvements for Digested Sludge Pumping System. g. Electrical and control system improvements for Thickening. h. Electrical and control system improvements for Dewatering. i. Electrical and control system improvements for Ferric Feed System. j. Electrical and control system improvements for Polymer Facilities. k. Electrical and control system improvements for Solids Handling Building ventilation and odor control. 4.0 SCOPE OF WORK The following Scope of Work presents the tasks that will be performed by the ENGINEER to complete the Design and Bidding Services for the project elements defined in Section 3.0 Project Description. TASK 1.0 SITE INSPECTION ENGINEER will make site visits with discipline teams to review structural, mechanical, architectural, and electrical issues to be addressed in the Project, more specifically for the project elements defined in Section 3.0 Project Description. TASK 2.0 DESIGN DOCUMENTATION ENGINEER will prepare a series of technical memoranda (TM) to document the basis of design. Each TM will present design criteria and results of alternative evaluation and life -cycle costs as appropriate. The TM will be compiled into a binder on completion of the work to form the Preliminary Design Report including the Basis of Design Report. Headworks Odor Control Improvements TM: This TM will identify the volume of foul air to be treated, based on the existing design criteria from the Phase II Improvements Project and the location of the odor treatment facility. The design will be based on packaged biotrickling filter system technology. 2. WAS Thickening Facilities TM: This TM will present the design criteria for the Rotary Drum Thickeners and will identify the size and types of pumps for RDT feed and TWAS pumping. Digester 6 and 7 Recirculation Pumps and Piping: This TM will present sizing and design criteria for new recirculation pumps for Sludge Holding Tanks 6 and 7. Carollo Professional Agreement Page 4 of 13 Sludge Dewatering Feed System TM: This TM will present the design criteria for the dewatering feed pumps (digested sludge transfer system) and will identify the size and types of pumps for the dewatering feed system. Centrifuge Facilities TM: This TM will document the basis of design for the centrifuge facilities. b. Sludge Cake Loading Facilities TM: This TM will develop a layout for sludge conveyance and truck loading based on use of shaftless screw conveyors. The feasibility of providing three 30 -cubic yard truck loading hoppers within the existing solids Handling Building will also be investigated. The TM will document the basis of design for the solids loading facilities. WAS Thickening and Dewatering Polymer Systems TM: This TM will develop the basis of design for the polymer systems for the RDTs and the centrifuges. Ferric Chloride Feed System TM: Ferric chloride will be provided to manage phosphorus in recycle streams and reduce hydrogen sulfide levels in the dewatering building. This TM will document sizing of the feed pumps to be located at the Plant 4 ferric Chloride Facility, the transfer piping and dosage criteria. 9. Solids Handling Building Ventilation and Odor Control Improvements TM: This TM will present the basis of design for foul air collection and treatment at the solids handling building. Ventilation rates will be developed and a packaged biotrickling filter foul air treatment system will be selected and sized. The TM will document the basis of design for the solids handling building ventilation and odor control facilities. 10. Utilities and Sitework TM: This TM will identify utility needs, including potable water, non -potable water, and natural gas. 11. Electrical Improvements TM: Electrical loads will be listed and new electrical transformers will be sized and located. 12. Control Systems TM: Operating strategies and control descriptions will be presented for the project systems listed in Section 3.0 Project Description. Carollo Professional Agreement Page 5 of 13 13. Project Delivery and Schedule TM: This TM will suggest equipment procurement and present sequencing and construction approach. This TM will also summarize applicable code requirements such as NFPA 820, and IBC 2009. TASK 3.0 CENTRIFUGE EVALUATION Perform a centrifuge evaluation process that consists of the following steps: Prepare Request for Proposal (RFP) documents for receiving centrifuge proposals from centrifuge manufacturers. The RFP documents will include front-end requirements, proposal pre -qualification requirements, and technical specifications. The RFP documents will include the conditions and requirements to pre -qualify specific model(s). Submit RFP documents to CITY staff for review. 2. CITY will issue RFP to centrifuge manufacturers. Review manufacturers submittals regarding proposed equipment models and performance guarantees to ensure compliance with the RFP, and that appropriate equipment models are proposed by the manufacturers. a. Analyze manufacturer's information and identify up to two preferred machine manufacturers based on capital cost and life cycle cost. Life cycle cost will include energy consumption, polymer use, and sludge disposal costs. b. All communication with equipment manufacturers and vendors regarding technical selection and prequalification of centrifuges for testing shall be solely done through the ENGINEER. Meet with CITY staff to review conceptual test plan and testing requirements: a. Identify assistance needed for pilot testing for up to two preferred centrifuge manufacturers, what level of assistance can be provided by CITY staff and what will be required from the centrifuge manufacturers. b. Coordinate with the CITY staff to select the necessary locations and other requirements at the SEWRP for pilot testing. C. Coordinate testing activities. ENGINEER and centrifuge manufacturers will be responsible to run the pilot test; it is assumed CITY staff will provide limited assistance needed during setup of the manufacturers' equipment and during the actual testing. Submit a detailed pilot test schedule, and test plan for up to two preferred centrifuge manufacturers. a. Design modifications to the existing facilitiesfpiping, if needed, to allow representative testing. Costs of constructing such modifications will be borne by the CITY. 6. Witness the pilot tests and provide assistance and guidance to the centrifuge manufacturers for a period of up to five days for each of the two preferred centrifuge manufacturers. Carollo Professional Agreement Page 6 of 13 a. ENGINEER will secure services of a testing lab to perform all sample collection and provide for independent analysis to confirm pilot testing results. b. CITY will provide power and utilities needed for the testing. 7. Update the initial analysis (capital cost and life cycle cost) to identify the preferred centrifuge manufacturer. Provide a summary report to the CITY, recommending one manufacturer to provide the centrifuge equipment. Services associated with any protests by equipment manufacturers are not covered by this Scope of Work. 8. Work with the recommended centrifuge manufacturer and CITY to obtain guaranteed pricing for the selected centrifuge. TASK 4.0 PREPARATION OF CONTRACT DOCUMENTS Using information developed in Tasks 1.0, 2.0 and 3.0, ENGINEER will prepare contract documents (plans and specifications) for construction of the Solids Handling Improvements, as identified in Section 3.0 Project Description. Plans and specifications will be prepared in accordance with the standard of care for public works construction. ENGINEER and CITY mutually agree that standard of care, as applied to design professionals, shall be defined as the ordinary and reasonable care required and established by expert testimony of what a reasonable and prudent professional would have done under the same or similar circumstances. Performance specifications will be provided for landscaping irrigation and fire protection systems. The facilities will be designed in accordance with the latest editions of the pertinent codes and regulations, as adopted by CITY, or as agreed to by CITY and ENGINEER at the beginning of the Project. Changes in codes and regulations, which occur after the notice to proceed, may be considered a change in scope. Contract documents will be prepared based on one set of bid documents for the entire project. 4.1 Drawings Full sized Engineering Drawings will be prepared on 22 -inch by 34 -inch format. Electronic files of the plan sheets will be provided to CITY as PDF Files on completion of design. Half size drawings will be 11 -inch by 17 -inch format. 4.2 Specifications Technical Specifications will be prepared in CSI format. ENGINEER will prepare the Technical Specifications to support the necessary improvements detailed in the project elements. 4.3 Submittal of Plans and Specifications ENGINEER will prepare submittals to obtain review comments from CITY staff. The ENGINEER will respond to all written comments and incorporate comments where appropriate. The planned submittals are: Carollo Professional Agreement Page 7 of 13 Fifty (50) Percent Design Submittal — The ENGINEER shall prepare and submit plans and specifications at the 50 percent level of completion. The 50 Percent Design Submittal shall include the various discipline plans, technical specifications, and typical details as appropriate to the level of design at the time of the submittal. A copy of the Preliminary Design Report Submittal comments shall be provided with the 50 Percent Design Submittal. Ninety (90) Percent Design Submittal — The ENGINEER shall prepare and submit plans and specifications at the 90 percent level of completion. The 90 Percent Design Submittal shall include the various discipline pians, technical specifications, and typical details as appropriate to the level of design at the time of the submittal, and shall essentially represent the Contract Documents ready to bid. A copy of the 50 Percent Design Submittal comments shall be provided with the 90 Percent Design Submittal. Final Design Submittal — The ENGINEER shall prepare and submit plans and specifications at the 100 percent level of completion. The Final Design Submittal shall represent the Contract Documents ready to bid. A copy of the 90 Percent Design Submittal comments shall be provided with the Final Design Submittal. 4.4 Opinion of Probable Construction Cost The ENGINEER will prepare an opinion of construction cost that will be updated at the 50, and 90 percent submittals. ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over Contractor's methods of determining prices, or other competitive bidding or market conditions, practices, or bidding strategies. Cost estimates are based on experience and judgment. ENGINEER cannot and does not guarantee that proposals, bids, or actual project construction costs will not vary from cost estimates prepared by the ENGINEER. TASK 5.0 BID PHASE SERVICES Bid phase services cover the bid period of the Solids Handling Improvements Project. Bid phase budget assumes a level of effort from CITY and the General Contractor based on the ENGINEER's experience. 5.1 Bid Period Questions ENGINEER will assist the CITY's Purchasing Office to answer questions and provide support to the CITY during the Bid Period. All questions will be documented and answered in writing on a standard Project Information Request Form. These forms will be forwarded to the CITY for review and all parties on the Plan Holders List. 5.2 Addenda ENGINEER will prepare Addenda required for technical clarification, and submit to CITY to issue Addenda to all parties on the Plan Holders List. Carollo Professional Agreement Page 8 of 13 5.3 Prebid Conference ENGINEER will prepare an agenda and assist CITY's Purchasing Office to conduct a Prebid Conference. The notice for the Prebid Conference will be included in the Contract Documents. ENGINEER's design and construction staff wiil attend the Prebid Conference and will prepare minutes of the meeting. The meeting minutes will be forwarded to the CITY for review and will be distributed to all parties on the Plan Holders List. 5.4 Evaluation of Bids and Recommendation of Bid Award ENGINEER will review bid responses and will prepare a written evaluation and recommendation for award. As a minimum, the review shall examine previous project history (client references provided with bid) and proposed staff. TASK 6.0 SUBCONSULTANT SERVICES 6.1 Surveying ENGINEER will retain the services of a subconsultant, X8 Environmental Inc. to provide site surveying. Services will include a standard site and topographic survey of the Plant site. 6.2 Geotechnical Investigations ENGINEER will retain the services of a subconsultant, W.C. Hamilton Inc. to provide a geotechnical investigations report and foundation recommendations for the structural modifications at Solids Handling Building. 6.3 Testing Laboratory ENGINEER will retain the services of Texas Tech University to analyze samples from centrifuge pilot testing. TASK 7.0 SITE VISITS ENGINEER will identify other similar facilities and arrange two site visits for up to four CITY staff. Travel costs for CITY staff (up to four) and Carollo technical leads are included in the budget and will be billed on a time and material basis. TASK 8.0 PROJECT AND QUALITY MANAGEMENT SERVICES ENGINEER will manage professional services to complete the project. These services will include preparation of invoices, progress reports, and directing staff and internal resources in a manner so that project milestones and deliverables are met as scheduled. The tasks associated with managing the project are as follows: Carollo Professional Agreement Page 9 of 13 8.1 Project Plan ENGINEER will prepare a Project Plan that identifies the project goals, contact information, and project standard procedures to maintain the project team focused on delivering a high quality project. 8.2 Project Meetings ENGINEER will conduct project meetings to obtain key decisions and input from the CITY staff. ENGINEER will be responsible for developing agendas, preparing the material (as needed to achieve the workshop objectives), and preparing meeting minutes within one week after the meeting date. Minutes will include a list of action items and a decision log that will be distributed to the project team after the meeting. The project will consist of meetings as follows: I . Project Kickoff — Review of Project Scope. 2. Design Development Meeting — Digester Recirculation Pumping and WAS Thickening Facilities. 3. Design Development Meeting — Centrifuge Facilities and Cake Loading Facilities. 4. Design Development Meeting — Odor Control Facilities, Chemical Systems and Utilities. 5. Design Development Electrical Systems, Control Systems and PFD and Control Philosophies. b. Construction Sequencing and Review Preliminary Design Report. 7. Review 50 Percent Design Submittal. 8. Review 90 Percent Design Submittal. 8.3 Project Progress Monitoring and Status Reports ENGINEER will monitor project progress. ENGINEER will prepare project invoices, together with a progress report and will submit these on a monthly basis to the CITY. 8.4 Subconsultant Management ENGINEER will provide the services of Subconsultants as follows: 1. Surveying. 2. Geotechnical Investigations. 3. Testing laboratory for centrifuge piloting. Carollo Professional Agreement Page 10 of 13 8.5 Quality Management ENGINEER will manage the quality of the project deliverables throughout the development of the project. Specific activities that ENGINEER may employ, with approval of CITY to ensure the quality of the project, include the following: Peer review of planning concepts by members of ENGINEER's senior staff. 2. Constructability Review. Operations Review. 4. Quality check of 90% submittal performed by a team of qualified senior staff not associated with the project delivery. 8.6 TCEQ Coordination Prepare a summary transmittal letter to TCEQ to comply with TCEQ Chapter 217 requirements. Bid ready contract documents will be submitted to TCEQ if required to complete TCEQ review. 8.7 Project Deliverables Deliverables for this project include the following. All reproduction costs will be billed to CITY in accordance with ENGINEER's Fee Schedule. Project Deliverables will be ENGINEER -Sealed Documents as required by Texas law, Project Plan: six (6) copies will be provided. 2. Monthly Project Progress Reports and Invoices: one (1) copy of the invoice to be provided each month to the CITY's Project Manager. 3. Meeting Agendas, Meeting Minutes, and Formal Review Comments: send PDF files by e- mail. 4. Preliminary Design Report including the Basis of Design Report: six (6) hard copies and one (1) electronic copy in Adobe PDF format. 5. Request for Proposals for Centrifuge Vendors' draft and final. 6. 50 Percent Design Submittal: six (6) sets of half size Drawings, and six (6) sets of Specifications, one (1) CD with PDF of Drawings and Specifications, and six (6) copies of the updated Opinion of Probable Construction Costs for CITY review. 7. 90 Percent Design Submittal: six (6) sets of half size Drawings, and six (6) sets of Specifications, one (1) CD with PDF of Drawings and Specifications, and six (6) copies of the updated Opinion of Probable Construction Costs for CITY review. 8. Bid Package Submittal: two (2) sets of half size Drawings, two (2) sets of Specifications, and one (1) CD with PDF of Drawings and Specifications. Carolio Professional Agreement Page 11 of 13 9. Submit Construction Documents for TCEQ approval, as needed. ITEMS NOT INCLUDED IN SCOPE OF WORK Cost of permit applications/plan review by permitting agency. Cost of reissuing or redesigning project elements due to project cost. Costs associated with response or rework for value engineering and/or external peer reviews. ENGINEER under a separate Contract Amendment will provide Construction Phase Services. Award of this Contract Amendment will be at the sole discretion of the CITY. 5.0 TIME OF PERFORMANCE ENGINEER shall commence work immediately following authorization to proceed. ENGINEER agrees to deliver all work for design services within 480 calendar days after authorization to proceed. PROJECT SCHEDULE Milestone Weeks Following Previous Deliverable Weeks Following Notice to Proceed Kick -Off Meeting/Design Development 0 2 Centrifuge Evaluation 18 20 Preliminary Design Report including Basis of Design Report 6 26 50% Submittal 16 42 90% Submittal 14 56 Final Submittal/Bid Sets 10 66 ENGINEER and CITY mutually agree that they will work toward meeting the above schedules. Should the Scope of Work be changed and/or should problems arise during the course of the work effort that could affect the above schedule, it is understood that both CITY and ENGINEER will develop a revised schedule and budget limit, if required, to address scope changes, delays by CITY, or other problems. It is understood that the ENGINEER must proceed with the work while the CITY reviews each submittal. CITY agrees to submit all review comments for submittals within fourteen (14) days following the ENGINEER's submittal, except CITY shall have 28 days to review the 50 percent submittal and 21 days to review the 90 percent submittal. Carollo Professional Agreement Page 12 of 13 Impacts from CITY's comments, which require extensive rework, may impact the schedule and budget and in -turn, may be considered a change in scope. 6.0 BUDGET CITY and ENGINEER have established a not -to -exceed budget of $3,199,860 to complete all services under this Exhibit A. This amount will not be exceeded without a contract amendment. CITY will pay the ENGINEER hourly, for services identified in Exhibit A, based on ENGINEER's Fee Schedule presented, as EXHIBIT C. Subconsultant services identified in Task 6, will be billed at cost to ENGINEER with a 5 percent handling fee. The budget for each Task is presented in EXHIBIT B. CITY and ENGINEER agree to allow redistribution of funds between Tasks 1 through 8 as appropriate to allow flexibility in providing the needed services within the not -to -exceed budget. ENGINEER agrees to complete these services for this amount unless the Budget is amended by CITY and ENGINEER as a result of a change to the Scope of Work or Time of Performance. Carollo Professional Agreement Page 13 of 13 EXHIBIT B Estimated WorkEtTott CITY OF LUBBOCK SOUTHEAST WATER RECLAMATION PLANT SOLIDS HANDLING IMPROVEMENTS PROJECT Resolution No. 2011-RO538 1 an 212011 Total Caro1la Sub -Consultant Fees OtherDiryd Total Cost HRA Geotechnical Texas Tech er sk Task No. Descrintlon Hours 922L-surveyCosts. 1 SITE INSPECTION 136 $ 28,328 $ - $ - $ - $ 10,000 S 38,330 2 DESIGN DOCUMENTATIONS - $ - $ - $ 380,880 2.1 HFADWORKS ODOR CONTROL IMPROVEMENTS 120 2.2 WAS THICKENING FACILITIES 180 2.3 DIGESTERS 6 AND 7 RECIRCULATION PUMPS AND PIPING 120 2.4 SLUDGE DEWATERING FEED SYSTEM 180 2.5 CENTRIFUGE FACILITIES 200 2.6 SLUDGE CAKE LOADING FACILITIES 120 2.7 WAS THICKENING AND DEWATERING POLYMER FACILITIES 160 2,8 FERRIC CHLORIDE FEED SYSTEM 80 2.90 SOLIDS HANDLING BLDG VENTILATION & ODOR CONTROL 120 2.10 UTILITIES AND SITEWORK 100 2,11 ELECTRICAL IMPROVEMENTS 100 2.12 CONTROL STRATEGIES 360 2.13 PROJECT DELIVERY AND SCHEDULE 200 3 CENTRIFUGE EVALUATION 578 $ 108,978 $ - $ - S - $ - $ 108,980 3.1 PREPARE RFP 100 3,2 PURCHASING DEPARTMENT COORDINATION 0 3.3 REVIEW MANUFACTURER PROPOSAL SUBMITTALS 144 3.4 COORDINATE TEST PLAN WITH CITY 20 15 DEVELOP DETAILED TEST PLAN AND DESIGN MODIFICATIONS 120 3.6 WITNESS PILOT TESTS 80 3,7 REVIEW PILOT TEST RESULTS. UPDATE ANALYSIS AND PREPARE 74 3.8 OBTAIN GUARANTEED PRICING 40 4 CONTRACT DOCUMENTS 13,658 $ 2,216,084 $ - S - $ - $ 8,650 $2,224,73D 4.1 DRAWINGS 12.018 4.2 SPECIFICATIONS 940 4.3 SUBMITTAL OF PLANS AND SPECIFICATIONS (Included in Previous D 4.4 ICONSULTANT OPINION OF PROBABLE CONSTRUCTION COST 700 5 BID PHASE SERVICES 476 $ 90,184 $ - $ - $ - $ 2,000 S 92,180 5.1 BID PERIOD CONTRACTORS' QUESTIONS 124 5.2 ADDENDA (2) 216 5.3 PRE BID CONFERENCE 44 5.4 EVALUATION OF BIDS AND RECOMMENDATION OF BID AWARD 92 _ 6 SUBCONSULTANT SERVICES 0 $ - $ 30,000 S 10,500 $ 24,000 $ - $ 64.500 6.1 SURVEYING 0 $ - $ 30,000 6.2 GEOTECHNICAL INVESTIGATIONS 0 $ - $ - $ 10,500 6.3 ITEXAS TECH 0 $ - $ - $ 24,000 7 SITE VISITS 96 $ 20,520 $ - $ - $ - $ 10,000 $ 30,520 7.1 51TEVIS ITS 96 $ 20.520 $ - $ - $ - $ 1D,000 8 PROJECT AND QUALITY MANAGEMENT SERVICES 1,056 $ 209,736 $ - $ - $ - $ 50,000 $ 259,740 8,1 PROJECT PLAN 76 8,2 PROJECT MEETINGS 768 8.3 PROJECT PROGRESS MONITORING AND STATUS REPORTS 128 8.4 SUBCONSULTANT MANAGEMENT 48 8.5 QUALITY MANAGEMENT (Included in Previous Tasks) 0 8.6 TCEQ COORDINATION 36 8.7 PROJECT DELIVERABLES included in Previous Tasks 0 TOTAL COST 18,040 $ 3,054,706 $ 30,090 $ 10,500 $ 24,000 $ 80,850 $3,199,860 TOTAL LABOR COST $3,054,710 TOTAL SUB CONSULTANTS AND ODC'S $ 145,150 EXHIBIT B Estimated Work Effort CITY OF LUBBOCK SOUTHEAST WATER RECLAMATION PLANT SOLIDS HANDLING IMPROVEMENTS PROJECT 101122011 Task N2 DescnoSlun J?jLN Lead Envr S1rtt Enor Techs 8 EAs S,ypaod Stall Total Hours 1 SITE INSPECTION 16 64 48 0 U 138 2 DESIGN DOCUMENTATION __ 23.4 574 624 384 155 2.040 2.1 HEADWORKS ODOR CONTROL IMPROVEMENTS 6 12 36 40 20 6 126 22 WAS THICKENING FACILITIES 8 20 48 48 40 16 180 2.3 DIGESTERS 8 AND 7 RECIRCULATION PUMPS AND PIPING 5 16 30 36 24 5 120 2.4 SLUDGE DEWATERING FEED SYSTEM 6 16 48 48 48 12 180 2.5 CENTRIFUGE FACILITIES 8 24 48 60 44 16 200 2.6 SLUDGE CAKE LOADING FACILITIES 6 12 36 24 30 12 120 2.7 WAS THICKENING AND DEWATERING POLYMER FAClUTIES 8 16 40 40 40 15 160 2.8 FERRIC CHLORIDE FEED SYSTEM 4 6 20 24 2C 6 80 2.9 SOLIDS HANDLING BLDG VENTILATION 8 ODOR CONTROL IMPROVEMENTS 6 12 32 40 22 8 t20 2.10 UTILITIES AND SITEWORK 4 8 24 36 20 8 100 2.11 ELECTRICAL IMPROVEMENTS 8 8 32 24 20 5 100 2.12 CONTROL STRATEGIES 12 52 124 124 24 24 360 2.13 PROJECT DELIVERY AND SCHEDULE 8 32 56 56 32 16 200 3 CENTRIFUGE EVALUATION 34 52 144 248 52 48 '178 3.1 PREPARE RFP 8 8 36 32 8 10 100 3.2 PURCHASING DEPARTMENT COORDINATION 0 0 0 0 0 0 0 3.3 REVIEW MANUFACTURER PROPOSAL SUBMITTALS 8 16 40 60 1B 4 144 3A COORDINATE TEST PLAN WITH CITY 8 0 8 0 0 4 20 35 DEVELOP DETAILED TEST PLAN AND DESIGN MODIFICATIONS 4 16 32 32 24 12 120 3.6 WITNESS PILOT TESTS 0 0 0 80 0 0 80 3.7 REVIEW PILOT TEST RESULTS, UPDATE ANALYSIS AND PREPARE REPORT 6 8 16 32 4 8 74 3.8 1019TAIN GUARANTFED PRICING 2 412 12 0 10 40 4 CONTRACT DOCUMENTS 268 396 1.148 5,420 4,772 1,714 13.658 4.1 DRAWINGS 148 264 908 4,616 4,648 1,434 12,018 4.2 SPECIFICATIONS 40 92 160 344 40 264 940 4.3 SUBMITTAL OF PLANS AND SPECIFICATIONS (Included in Previous Tasks) 0 0 0 0 0 0 0 4.4 CONSULTANT OPINION OF PROBABLE CONSTRUCTION COST 20 40 80 480 84 18 700 513I0 PHASE SERVICES 40 56 86 200 60 32 476 5.1 BID PERIOD CONTRACTORS' QUESTIONS 4 32 36 32 12 8 124 5.2 ADDENDA (2) 4 6 20 120 48 16 218 5.3 PRE BID CONFERENCE 1S 8 8 8 0 4 44 5.4 EVALUATION OF BIDS AND RECOMMENDATION OF BID AWARD 18 6 24 40 0 4 92 8SUBCONSULTANT SERVICES 0 0 0 0 0 0 0 6.1 SURVEYING 0 0 0 0 0 0 0 8.2 GEOTECHNICAL INVESTIGATIONS 0 0 0 0 0 0 0 6.3 TEXAS TECH 0 D 0 0 0 0 6 7 SITE VISITS 24 24 24 16 0 8 96 7.1 'SITE VISITS 24 24 24 16 0 8 90 8 PROJECT AND QUALITY MANAGEMENT SERVICES 116 172 376 196 56 100 1,056 8.1 PROJECTPLAN 4 16 20 20 8 8 75 8.2 PROJECTMEETINGS So 80 290 1S8 Bo 64 768 8.3 PROJECT PROGRESS MONITORING AND STATUS REPORTS 16 56 24 0 8 24 128 8.4 SUBCONSULTANT MANA(3EMFNT 4 20 12 8 0 4 48 8.5 QUALITY MANAGEMENT Oncluded in Previous Tasks) 0 0 0 0 0 0 0 8.6 TCEO COORDINATION 12 0 24 0 0 0 3B 87 IPROJECT DELIVERABLES OmIuded in Previous Tasks) 00 0 0 0 0 0 TOTAL HOURS 522 950 2,416 6,728 5,364 2.,058 18,040 Resolution No. 2011-R0538 EXHIBIT C CAROLLO ENGINEERS, INC. FEE SCHEDULE City of Lubbock Southeast Water Reclamation Plant Solids Handling Improvements Project Other Direct Expenses Travel and Subsistence at cost Mileage $0.50/mile Subconsuitant cost + 5% Other Direct Cost cost + 10% Fee schedule to remain in effect for duration of contract or 700 days after Notice to Proceed Hourly Rate Engineers/Scientists Engineer -in -Training (EIT) $125.00 Assistant Professional $146.00 Professional $181.00 Project Professional $205.00 Lead Project Professional $222.00 Senior Professional $243.00 Principal $243.00 Technicians Technicians $113.00 Senior Technicians $158.00 Support Staff Document Processing 1 Clerical $98.00 Other Direct Expenses Travel and Subsistence at cost Mileage $0.50/mile Subconsuitant cost + 5% Other Direct Cost cost + 10% Fee schedule to remain in effect for duration of contract or 700 days after Notice to Proceed