HomeMy WebLinkAboutResolution - 2008-R0201 - First Amendment To Agreement - Parkhill, Smith & Cooper Inc. - 05/22/2008Resolution No. 2008-80201
May 22, 2008
Item No. 5.20
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a First Amendment to
Professional Services Agreement by and between the City of Lubbock and Parkhill,
Smith & Cooper, Inc., amending that certain Professional Services Agreement dated
October 25, 2007, Resolution No. 2007-RO503 and all related documents. Said
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Executed by the City Council this
22nd day of May 2008.
TOM MARTIN, MAYOR
ATTEST:
IRebe ca Garza, City Secretary
INA111
Tom Adams, — `
Deputy City Manager/Water Utilities Director
APPROVED AS TO FORM:
..' Z�
zard K. Casner, First Assistat City Attorney
aolccdocsfProfessionalServicesAgreement-P SCAmendment.05 03.051608
Resolution No. 2008-80201
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
This First Amendment to Professional Services Agreement (the "Amendment") is entered into
this 22nd day of May , 2008, by and between the City of Lubbock (the "City"), a
Texas home rule municipal corporation, and Parkhill, Smith & Cooper, Inc. (the "Engineer"), a
Texas corporation.
WITNESSETH
WHEREAS, pursuant to that certain Professional Services Agreement (the "Original
Agreement"), dated on or about October 25, 2007, Resolution 2007-R0503, the City contracted
with the Engineer to perform services related to the planning and design of water supply,
conveyance and treatment facilities regarding Lake Alan Henry water supplies, as more
particularly described therein;
WHEREAS, it has come to the attention of City and Engineer that further and additional
services are necessary in the planning and design of water supply, conveyance and treatment
facilities regarding Lake Alan Henry water supplies;
WHEREAS, City and Engineer now desire to amend the Original Agreement to add such
additional necessary services and for additional compensation for such services.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the City and Engineer hereby amend the Original Agreement as
follows:
1. Section 1.01 of the Original Agreement shall be deleted in its entirety and replaced
with the following:
1.01. Engineer shall conduct all activities and within such time frames, as set forth
on Exhibit "A", "Scope of Services" and Exhibit "A-1", "Amended Scope of
Services", attached hereto (the "Services").
2. Section 2.01 of the Original Agreement shall be deleted in its entirety and replaced
with the following:
2,01. The consideration to be paid for the Services to be provided the City as
described in Article I shall be on a lump sum and reimbursable basis, with a
maximum amount not -to -exceed of $1,551,550.00. This amount shall be invoiced
to the City only as work is performed and as further described on Exhibit "B",
"Payments to Engineer", and Exhibit "13-l", "Amended Payments to Engineer",
attached hereto.
3. Exhibit "A" of the Original Agreement is hereby modified by deleting the "Time of
Completion" set forth therein and replaced with the "Time of Completion", as follows:
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TIME OF COMPLETION
The services set forth in this Exhibit "A", "Scope of Services", shall be completed
on or before April 1, 2009.
4. Exhibit "A -l", "Amended Scope of Services", as attached hereto and made a part
hereof, shall be added to the Original Agreement for all intents and purposes.
5. Exhibit "B-1", "Amended Payments to Engineer", as attached hereto and made a part
hereof, shall be added to the Original Agreement for all intents and purposes.
6. Except as expressly modified or amended herein, the terms, conditions and provisions
of the Original Agreement shall be valid and subsisting as originally provided.
Parkhill, Smith & Cooper, Inc.
By: !
N6me: John S. Kelle .E.
Title: Firm Principal/Project Manager
CITY OF LUBBOCK
' � 1
TOM MARTIN, MAYOR
ATTEST:
Rebetca Garza, City Secretary
APPROVED AS TO CONTENT:
Deputy City Manager
Water Utility Director
2
APPROVED AS TO FORM:
44eL_
Richard K. Casner,
First Assistant City Attorney
Richard/ProfessionalServicesAgreement-PSC Inc-LAB.1stAmend OR0503
Resolution No. 2008—RO201
EXHIBIT "A-1"
AMENDED SCOPE OF SERVICES
ENGINEER'S ENVIRONMENTAL SERVICES SCOPE
BASIC ENVIRONMENTAL SERVICES FOR PROPOSED
TREATED WATER DISTRIBUTION SYSTEM
AND
ENVIRONMENTAL DOCUMENT PREPARATION FOR TWDB LOAN APPLICATION
1. Basic Environmental Services - Treated Water Distribution System
The scope outlined below assumes that there is no major opposition in the permitting process and
that there are no unusual permitting problems. If opposition develops or permitting problems
occur, the scope and fee limit will be revised and submitted to Owner for approval. The scope of
work does not include studies, reports, or permit applications for the power line easements,
which will be provided by the power company.
a. Provide environmental field studies of the final route, to support the Corps of
Engineers 444 Permit.
Prior to making a field visit, obtain information for the vicinity such as soils maps, National
Wetland Inventory maps, topographic maps, floodplain maps, and other readily available,
pertinent data. This information will be evaluated to guide the field survey described
below. Engineer's scientists will conduct a pedestrian survey of the treated water
distribution system route to identify environmental issues. This investigation will include
the following:
• Identification of "waters of the U. S." as defined by U. S. Army Corps Engineers
(USACE) regulations. These waters of the U. S. are regulated by the USACE and
require a permit for activities conducted within the jurisdictional boundaries. The
presence of jurisdictional waters such as ephemeral, intermittent, or perennial streams;
wetlands; or other open waters will be documented.
• 'Be presence of potential habitat for any federally listed threatened or endangered
species will be determined.
Engineer will prepare a technical memorandum that will include a description of field
observations described above; an opinion of whether or not jurisdictional waters are
present, and if so, the type(s) of waters; an estimate of the area of impact to waters of the
U.S.; and a discussion of potential USACE 404 permit options.
b. Engineer will coordinate the acquisition of necessary environmental permits.
2. Cultural Resources Survey — Treated Water Distribution System
A cultural resources survey for construction of the treated water distribution pipeline will consist
of a pedestrian archeological survey of all areas to be impacted. This will be preceded by
completion of an application for an Antiquities Permit from the Texas Historical Commission
and a file search concerning previously recorded sites at the Texas Archeological Research
Laboratory and using the Texas Historical Commission's Archeological Sites Atlas. The
archeological survey will be done by a two -person crew and will involve examining the full
length and width of the anticipated area potentially effected by the treated water distribution
pipeline to determine whether archeological remains are present. Because it is unknown whether
thick Holocene deposits with the potential for deeply buried archeological sites are present in
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parts of the project area, trenching to look for such sites is not proposed at this time; if areas with
thick deposits are identified in the pedestrian survey, recommendations for trenching will be
made. Examination of the surface and existing exposures and shovel testing will be the primary
site discovery techniques. The intensity of shovel testing will meet or exceed the requirements of
the Texas Historical Commission's survey standards. Any archeological materials discovered
will be recorded on State of Texas Archeological Site Data Forms for subsequent submittal in
TexSite format to the Texas Archeological Research Laboratory.
Analysis of the information recovered and preparation of a report describing the work
accomplished, the results, and recommendations concerning eligibility for State Archeological
Landmark designation and listing in the National Register of Historic Places will be conducted
following completion of the fieldwork. The report will meet the reporting requirements of the
Texas Historical Commission. After receipt of any review comments, the report will be modified
as necessary, and a final report will be produced.
3. Environmental Document Preparation for Texas Water Development Board ("TWDB")
Loan Application
Engineer will prepare an Environmental Assessment (EA) to support the City's application for a
Texas Water Development Board (TWDB) Water Infrastructure Fund, Texas Water
Development Fund (DFund) loan. The EA will be a separate, self-contained document,
describing the project in sufficient detail to allow for review without reference to the engineering
study or other documents. The EA format will follow the guidelines (ED -001) or otherwise as
prescribed or required by the TWDB. As part of the EA scope, a Phase I Environmental Site
Assessment (ESA), conforming to ASTM standard E1527-97 (05) is required. This EA will
include the raw water pipeline, treatment plant, and treated water main route.
a. Conduct site visit.
Additional field time will be required to address the additional issues required by the EA
and ESA. These include collecting data to address anticipated regulatory agency comments
on the EA and collect the additional data required for the ESA.
b. Prepare Jurisdictional Determination Report and complete Approved Jurisdictional
Determination Forms.
Additional effort will be required to complete a Jurisdictional Determination Report and
Approved Jurisdictional Determination Forms for waters of the U.S. crossed by the pipeline
and potentially impacted by the booster station(s), water treatment plant, and treated water
main route. This will have to be submitted to the USACE along with the EA as part of the
agency coordination required by TWDB. This is required even though the project is
expected to be authorized by Nationwide Permit 12, Utility Line Crossings, without
preconstruction notification, because TWDB requires an affirmative response from the
USACE before issuing a Finding of No Significant Impact (FONSI).
C. Agency coordination.
Engineer will submit the EA to appropriate agencies, as required, including U. S. Army
Corps of Engineers, U. S. Fish and Wildlife Service, Texas Commission on Environmental
Quality, Texas Water Development Board, Texas Parks and Wildlife Department, Federal
Emergency Management Agency, local managers of the Federal Flood Insurance Program,
and the local council of government. Comments received from the agencies will be
incorporated into the EA. Additional coordination with the Corps of Engineers will be
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required to facilitate the TWDB issuing a Finding of No Significant Impact (FONSI) and
approval of the loan.
d. Preparation of Draft and Final EA.
Engineer will prepare a draft EA following TWDB guidelines (ED -001). The draft EA will
be submitted to the Owner for review prior to submitting it to TWDB and other agencies for
review. Engineer will incorporate the Owner's comments into the EA and submit the
revised document to the TWDB and other required agencies for review and comment. Any
changes required by the review agencies will be made and the final EA will be submitted to
the TWDB.
4. Additional Services:
a. Presence/absence surveys for federally listed threatened/endangered species, other than
such surveys required to be performed by Engineer in this Exhibit "A-11', "Amended
Scope of Work".
b. Preparation of an individual Section 404 permit application, Letter of Permission, or
preconstruction notification (PCN) for the U. S. Army Corps of Engineers.
C. Application for General Land Office easements.
d. Application for Texas Parks & Wildlife Department Sand and Gravel Permit.
e. Additional field investigations or analysis required to respond to public or regulatory
agency comments, including additional data requests, schematics or drawings of project
features other than those items required to prepare and submit the required Environmental
Assessment documents outlined in this Exhibit "A-1 ", "Amended Scope of Work".
f. Preparation of mitigation plans for compensating for environmental impacts.
g. Preparation of TPDES discharge permit(s).
h. Preparation of Storm Water Pollution Prevention Plan.
Consultation with the U. S. Fish and Wildlife Service under Section 7 of the Endangered
Species act.
j. Expert representation at legal proceedings or at contested hearings.
k. Mitigation monitoring if required by permit conditions.
1. Monitoring compliance with permit conditions.
in. Preparing for or conducting a public hearing or public meeting.
n. Participation as an expert witness in a public hearing.
o. Additional aerial photography and property ownership research associated with pipeline
route revisions.
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Time of Completion
The services set forth in this Exhibit "A-1 ", "Amended Scope of Services", shall be completed on
or before April 1, 2009.
EXHIBIT "B-1"
AMENDED PAYMENTS TO ENGINEER
Payments to Engineer
A. Owner shall pay Engineer for the Services, other than Additional Services, set forth
in Exhibit "A-1 "", "Amended Scope of Services", as follows:
1. For reimbursable Consultants, on the basis of cost times a factor of 1.05, with
estimated cost of $191,000.
B. OWNER shall pay ENGINEER for authorized Additional Services, as set forth in
Exhibit "A-1 "", "Amended Scope of Services", if and as set forth in writing, from the City Manager,
or his/her designee, such authority to designate and authorize the Additional Services hereby
delegated by the City Council, as follows:
1. For labor, on an hourly rate basis in accordance with the schedule attached as
Exhibit "B", "Payments to Engineer".
2. For reimbursable expenses, on the basis of cost times a factor of 1.10.
3. Additional services provided in Exhibit "A-1"", "Amended Scope of Services"
shall not exceed the amount of $35,000.
4. The hourly rate schedule will be adjusted each January 1st to reflect cost of
living adjustments, limited to a maximum increase of 3 % per annum.
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