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HomeMy WebLinkAboutResolution - 2005-R0563 - Amendment To Agreement - Black & Veatch Corporation - 12/01/2005Resolution No. 2005-RO563 December 1, 2005 Item 6.10 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, Amendment No. 1 to Agreement for Engineering Services by and between the City of Lubbock and Black & Veatch Corporation and all related documents. Said Amendment No. 1 to Agreement for Engineering Services is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 1st day of December 2005. ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: 44 Chester Carthel, P.E., Chief Engineer APPROVED AS TO FORM: 1 Richard K. Casner, First Assistant City Attorney ml/Richard/Resolutions/Black &Veatch. I" Amend.res November 29, 2005 AMENDMENT NO. 1 TO AGREEMENT FOR ENGINEERING SERVICES WHEREAS, the City of Lubbock, Texas (Owner) has duly executed and entered into that certain Agreement for Engineering Services (the "Original Agreement") dated the 130' day of January 2005 (and any amendments thereto and any work orders, work authorizations, purchase orders or documents of similar effect issued thereunder) with Black & Veatch Corporation (Engineer), providing for performing certain engineering services for the Water Resources Improvements (the Project); and WHEREAS, Owner and Engineer wish to amend Attachment A and B of the Original Agreement, NOW, THEREFORE, in consideration of the promises contained herein, Owner and Engineer agree this 1st day of December , 2005, as follows: ARTICLE 1—Consequential Damages That Paragraph 7.4 "Consequential Damages" of the ORIGINAL AGREEMENT is hereby deleted as to the Services to be performed in whole or in part of this AMENDMENT NO. 1 to the ORIGINAL AGREEMENT. Paragraph 7.4 "Consequential Damages" shall only be applicable to the Services described in Attachment A, Specific Requirements, Part I — Preliminary Engineering, of the ORIGINAL AGREEMENT. ARTICLE 2—ATTACHMENT A That ATTACHMENT A OF THE ORIGINAL AGREEMENT shall be amended as follows; Attachment A Item B, PART 2 — .DETAILED DESIGN is hereby replaced with Amendment No. 1, Attachment A which is attached hereto. 11/29/2005 ARTICLE 3—ATTACHMENT B That ATTACHMENT B, COMPENSATION, OF THE ORIGINAL AGREEMENT shall be amended as follows: Attachment B is hereby supplemented with Amendment No. 1, Attachment B which is attached hereto ARTICLE 4—AMENDMENT This Amendment, to the extent of any conflict with the Original Agreement, shall supersede the terms and provisions of the Original Agreement. However, it is the express intention of Owner and Engineer that this Amendment and the Original Agreement shall be completely integrated and be construed in harmony and congruity as a single instrument. ARTICLE 5 That Part 3, Part 4 and Part 5 of Attachment A, Specific Requirements of the ORIGINAL AGREEMENT are hereby deleted in their entirety. City of L OWNER Lalz Black & Veatch Corporation Er .A Printed Nam , t G' /; '7e L rf� Pri Title tlrl- Tit Date ATTEST: By PL�y=� � /-- ebecca Garza, City Secr-efQjy Date � A , 2-q � ZlzD AT S . By Wanda Astwood, Administrative Assistant 11/29/2005 2 APPROV ASTO CONTE By hester Carthel, P.E., Chief Engineer APPROV, ED 7T�RM: By Richard Casner, First Asst. City Attorney 11/29/2005 ATTACHMENT A TO AMENDMENT NO. 1 TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Engineer: Black & Veatch Corporation Project: Water Resources Improvements DESCRIPTION OF SCOPE OF SERVICES This attachment contains the project description and scope of services to be performed in conjunction with improvements to the Southeast Water Reclamation Plant (SEWRP), as recommended in the Preliminary Engineering Report, August 2005, prepared by Engineer and the Supplemental PER, September 2005 prepared by Engineer. The services to be provided under this Amendment No. 1 include permitting assistance, preparation of technical memoranda, field surveys, geotechnical services, design, and value engineering for two construction packages and bid and pre -award services for Construction Package No. 1 as presented in the following paragraphs and as contemplated to be added by the Original Agreement, Attachment A, Item B, Part 2 -- Detailed Design. Description of Proiect. Modifications will be made at the SEWRP to provide a rated plant flow of 31.5 mgd with effluent design limits of 5 mg/1 BOD, 5 mg/1 TSS, 8 mg/l TN, and 1 mg/1 TP. It is anticipated that these effluent design limits will meet or be lower than the actual Texas State permit requirements. Any changes by the State, prior to completion of the Value Engineering study, that are more stringent, but do not require salt removal or allow for direct reuse of effluent, and affect the plant design will be accommodated into the design at no additional cost to the Owner. Any changes in effluent permit limits that affect the plant design that are identified after completion of the Value Engineering study and impact the design, Engineer's compensation will be adjusted based on mutual agreement, in writing, by both parties. The work will involve preparing one design package and two separate construction packages. It is anticipated that the cloth filters, ultraviolet disinfection system, and Integrated Fixed Film Activated Sludge (IFAS) media will be acquired through sole source negotiations and assigned to the construction contract for installation. Pre -purchase of other equipment or materials is not anticipated. However, the Owner and Engineer will comply with the State of Texas procurement laws and will competively bid all items, as required by law. Amendment 1 Attachment A.doc (Last printed t t/23/2005 11:24 AM) -A-1- Project schedule Design phase: Construction Package No. 1 Bid and Award phase: 550 days from Notice to Proceed (NTP) 90 days from NTP Construction Phase and startup (to be determined by Owner and Engineer at a later date and, if agreement may be reached, contemplated to be added to the Original Agreement by contract ) Construction Package No. 2 (to be determined by Owner and Engineer at a later date and, if agreement may be reached, contemplated to be added to the Original Agreement by contract ) Design phase is anticipated to start by January 3, 2006 Bid & Award phase for Construction Package Nol is anticipated to start by July 1, 2007. Based on the findings of the Preliminary Engineering Report the Opinion of Probable Construction Cost for the Construction Packages in June 2005 Dollars are anticipated to be: Construction Package No. 1 $ 40,000,000 Construction Package No. 2 $ 22,000,000 Construction Package No. 1 is anticipated to include the following improvements: Headwork Improvements a. Replace the existing 84 -inch influent screw pumps (4) with new pumps in the existing headworks building. b. Replace one existing rake screen and one manual screen with 6 -mm fine screens and associated washer and compactor in existing headworks building. 2. Plant 3 Improvements a. Modify drain piping system to gravity drain the existing primary clarifier basins (2). b. Add a BNR basin influent distribution box. C. Modify aeration basin complex including adding anaerobic zones and modifying existing basins to create anoxic and aerobic zones. d. Install IFAS media to the aeration basins and change aeration diffusers and piping to coarse bubble diffusers and piping. e. Install mixers in anaerobic and anoxic zones and new return MLSS pumps Amendment I Attachment A.doc (Last printed 11/23/2005 11:24 AM) -A-2- with VFDs. f. Replace blowers for Plant 3 g. Add new final clarifiers (2). h. Add a new RAS/WAS pumping station with three RAS pumps, three WAS pumps, and associated piping. All pumps will have VFD. i. Add a new intermediate lift station following the UV system. j. Add a new structure and superstructure to house new cloth filters. k. Add a new structure and superstructure to house a new low pressure, high intensity vertical bulb ultraviolet (UV) disinfection system sized to handle both Plant 3 and 4 flows. 1. Modify Plant 3 piping to accommodate Plant 3 improvements. M. Add sodium hypochlorite system to provide algae control and maintain residual chlorine level in recycle water 3. Solids Handling Improvements. a. Replace digester boiler equipment. 4. Plant Effluent Outfall. a. Outfall. Based on getting TCEQ approval, add a new Plant effluent outfall and piping sized to discharge effluent from both Plant 3 and Plant 4 to the North Fork Double Mountain Fork Brazos River. Outfall will be located within the existing SEWRP property. It is anticipated that during high stream flows, effluent may have to be pumped to the receiving stream. b. Effluent Pumping Station. Based on getting TCEQ approval, add a new Plant effluent pumping station sized to discharge effluent from both Plant 3 and Plant 4 to the North Fork Double Mountain Fork Brazos River. Outfall will be located within the existing SEWRP property. It is anticipated that during high stream flows, effluent may have to be pumped to the receiving stream. 5. Demolition. a. Demolish Plant 3 final clarifiers to provide space for new anaerobic zone in aeration basin complex. b. Other demolition to accommodate improvements associated with the Plant 3 improvements. 6. Instrumentation and Control System associated with the Plant 3 upgrade. 7. Power distribution associated with the Plant 3 upgrade. 8. Additional miscellaneous improvements as necessary to meet the design effluent parameters. Construction Package No. 2 is anticipated to include the following improvements: Amendment i Attachment A.doc (Last printed 11/23/2005 11:24 AM) -A-3- Plant 4 improvements a. Modify existing Plant 4 Lift Station to handle 26 mgd flows. b. Add a primary influent distribution structure. c. Add a new 90 -foot primary clarifier. d. Add a BNR basin influent distribution structure. e. Modify primary sludge pumping station. Replace pumps and piping. f. Modify aeration basin complex including adding an anaerobic zone and modifying existing basins to create anoxic and aerobic zones. g. Install mixers and return MLSS pumps in BNR basin complex. h. Install IFAS media to the aeration basins and change aeration diffusers to coarse bubble diffusers. i. Replace existing blowers with new blowers for aeration system. j. Replace existing WAS pumps and associated piping. All pumps will have VFDs. k. Modify existing filter structure to accommodate new cloth filters, provide superstructure. 1. Add piping to connect to the new structure that will house a low pressure, high intensity vertical bulb ultraviolet (UV) disinfection system designed to treat both Plant 3 and 4 effluent. m. Modify Plant 4 piping as required to accommodate Plant 4 upgrades. 2. Instrumentation and Control System associated with the Plant 4 upgrade. 3. Power distribution associated with the Plant 4 upgrade. 4. Additional miscellaneous improvements as necessary to meet the design effluent parameters. Amendment 1 Attachment. A.doc (Last printed 11/23/2005 11:24 AM) -A-4- Scope of Services Work under Phase 300 for Construction Packages No. 1 and No. 2 will start on execution of this Amendment. Work under any other particular phase will not proceed until Owner has authorized the Engineer in writing to proceed. The following Scope of Services will be provided: PHASE 300 - DESIGN PHASE A. Project Administration and Project Control Provide administration and management of the design and bid phases. This will include subcontract preparation and management; invoicing; document management; and general project support 1. Project Management Plan. Prepare a project management plan documenting responsibilities and procedures to be used during the project. A draft document will be submitted to the Owner for review and discussion. A meeting will be conducted to solicit comments from the Owner. Appropriate comments will be incorporated into the plan. The plan will address the following topics; a. General management and administration. b. Project team organization and key members. c. Project controls and accounting. d. Documentation and reporting. e. Agency coordination. f. Communication plan. g. Quality Assurance / Quality Control plan. h. Permitting plan. 2. Project Controls a. Develop a baseline schedule for the design and procurement phases. The schedule will be progressed monthly to trend progress. Corrective action plans will be developed to correct significant deviations from the baseline schedule. b. Develop a project baseline budget for professional services and construction costs. Prepare cash flow projections. Forecast budget monthly based on trended changes in project costs. c. Prepare a monthly report summarizing project status, budget and schedule trends, past month activities, next month activities, and project concerns. Submit copies to Owner. Amendment 1 Attachment A.doc (Last printed 11/2312005 11:24 AM) -A-5- 3. Project Management Web Site. Provide and maintain a project portal site to provide general information about the project and to post and provide access and distribution of major deliverables. Site will be updated monthly. 4. Document Management. Maintain a computer-based correspondence inventory and retrieval system (Cygnet) to log and retrieve each item of incoming, outgoing, or internal documentation. Hardcopy originals will be filed in restricted access files. B. Preliminary and General Items 1. Meet with Owner to clarify understanding of the project scope, budget, and schedule of the project. 2. Obtain and review Owner -furnished front-end documents, including general, supplemental, and/or special conditions. Coordinate these documents with the technical specifications provided by Engineer. Meet with Owner to resolve review comments and coordinate requirements. 3. Arrange and participate in informal meetings with the Owner throughout the design phase to review progress and exchange ideas and information. One meeting per month is anticipated. 4. Meet with Owner's representative and representatives of the power utility and government agency to discuss requirements of the project. It is anticipated a total of three meetings will be required. 5. Assist Owner's staff in preparation of Council briefings on project status. Attend a total of four meetings. C. Survey Services Site Survey. Provide, through a subcontract approved by Owner, the necessary field design surveys for the preparation of the construction contract documents. Surveys will determine site topography, contours, and critical existing structure elevations. D. Geotechnical Services 1. Provide geotechnical engineering services including exploratory work and laboratory and field testing based on preliminary drawings and designs, and professional interpretations of exploratory and test data. Exploratory Amendment l Attachment A.doc (Last printed 11/23/2005 11:24 AM) -A-6- work, field testing and laboratory testing services shall be provided through a subcontract, approved by Owner. The services shall include: a. Initial geotechnical exploratory work such as soil borings; penetration tests; soundings; laboratory tests of soils and rock samples that are required to provide information for design; and other field and laboratory tests and analyses that are required to provide design information. b. An initial geotechnical report by Engineer interpreting the data collected from the exploratory work and testing and making assessments of the site conditions that can be anticipated from the this initial exploratory work. 2. After final design has proceeded to the point where it can be accomplished, provide a final geotechnical report evaluating the initial geotechnical investigation, field, and laboratory test results; and the initial geotechnical report. This final evaluation shall be based on the actual design, including size, location, and loadings of structures; types, extent, and procedures of excavations; and shall consider both design parameters and constructability. If, in the opinion of the review professional or Engineer, additional geotechnical data are required for the preparation of the final report, these data shall be provided under an amendment to the Agreement and the subcontract. The final report shall indicate the anticipated performance of the subsurface material to be encountered on the project both during and after construction; under the loading conditions; use; and type of excavation anticipated. These services shall be provided through a subcontract, approved by Owner. E. Permit Support. 1. Participate in discussions with Owner and TCEQ regarding permit requirements for a new outfall at the Southeast WRP and up to three receiving stream discharge locations. Assist. Owner in preparation of permit application. Receiving stream modeling is not anticipated as part of this activity. F. Project Development 1. Prepare technical memoranda for improvements not identified in the Preliminary Engineering Report. Purpose of individual memoranda will be to evaluate and recommend improvements, and identify capital costs for each of the following facilities, which were requested by Owner to consider after preparation of the Preliminary Engineering Report: Amendment 1 Attachment A.doe (Last printed 11/2312005 H-.24 :24 AM) -A-7- • Alternative odor control technology for the headworks and solids handling buildings. • Improvements to the grit handling piping and equipment at the headworks building. • Provisions for sludge blend tank and associated mixing and pumping to the digesters. • Compare use of centrifuge dewatering equipment and new conveyance system to existing belt filter press dewatering and conveyance system. 2. Finalize liquid and solids process flow diagrams for major systems. 3. Finalize preliminary hydraulics to determine initial weir elevations, size of piping, and pumping requirements. 4. Determine plant control strategy and indicate primary I&C elements. 5. Develop preliminary control system block diagram. 6. Perform preliminary computer network design. 7. Prepare preliminary process P&IDs and process control descriptions for screens, lift stations, primary clarifiers, aeration basins, final clarifiers, UV, filters, and effluent pumping stations. 8. Prepare preliminary power functional one line, compatible with existing back-up power systems at the plant. 9. Prepare preliminary schematic for potable water, non -potable water, drainage, HVAC, and odor systems. 10. Conduct a meeting with Owner to present and discuss project development documents. G. Design 1. Initial Design Submittal a. Drawings. Prepare an initial set of drawings and sketches for the purposed construction work, associated materials and equipment required, including: 1. Sheet list 2. Process schematics 3. Site plan Amendment 1 Attachment A.doc (Last printed 11/2312005 11:24 AM) -A-8- 4. Building floor plans and sections 5. Major equipment and piping layouts b. Architectural plans 7. Structural framing plans 8. Mechanical, HVAC, plumbing plans 9. Preliminary electrical power distribution diagram. 10. Process P&IDs b. Specifications. Prepare the following specifications: 1. Prepare table of contents for front-end documents and technical specifications. 2. Prepare draft front-end documents based on Owner's standard front-end documents. Documents will be for selection of private construction contractors on a competitive bid basis. c. Constructability. Perform a construction sequencing and coordination with plant operations. d. Cost Opinions. Update and trend opinion of probable construction costs and project schedule. e. Owner review. Provide Owner with five sets of drawings and specifications for review and comment. Conduct one meeting with Owner to receive and discuss comments. Prepare meeting minutes to document comments and response. Agreed upon comments will be incorporated in second design submittal. Value Engineering. Provide, through a subcontract approved by Owner, value engineering services. These services will be performed upon completion of the initial design submittal review by Owner. Owner shall select and negotiate scope and compensation directly with subconsultant. g. Value Engineering Support. Provide Owner with seven sets of drawings and specifications for value engineering. Attend initial and final meetings with Owner and value engineering team. Evaluate recommendations of value engineering team for consideration to be included into project. 2. Second Design Submittal a. Drawings. Continue development of drawings and sketches for the proposed construction work, including updated: Amendment 1 Attachment A.doc (Last printed 11/23/2005 11:24 AM) -A-9- I . Sheet list 2. Abbreviations and Legend 3. Process schematics 4. Hydraulic profile 5. Site plan 6. Building floor plans and sections 7. Major equipment and piping layouts 8. Architectural plans, sections, and elevations 9. Structural plans and sections 10. Mechanical, HVAC, plumbing plans 11. Preliminary electrical power distribution diagram. 12. Interior lighting plans 13. Process P&IDs 14. Control system block diagrams. b. Specifications. Update table of contents and front-end documents. Provide draft technical specifications. c. Cost Opinions. Update and trend opinion of probable construction costs and project schedule. d. Owner review. Provide Owner with five sets of drawings and specifications for review and comment. Conduct one meeting with Owner to receive and discuss comments. Prepare meeting minutes to document comments and response. Agreed upon comments will be incorporated in the third design submittal. 3. Third Design Submittal a. Drawings. Prepare final set of review drawings for the proposed construction work. b. Specifications. Prepare final set of review front-end documents and technical specifications for the proposed construction work. c. Cost Opinions. Update and trend opinion of probable construction costs and project schedule. d. Owner Review. Provide Owner with five sets of drawings and specifications for review and comment. Conduct one meeting with Owner to receive and discuss comments. Prepare meeting minutes to document comments and response. Incorporate agreed upon comments. Amendment 1 Attachment A.doc (Last printed 11/23/2005 11:24 AM) -A-10- e. Governmental Agency / TCEQ Review. Submit three copies of final review drawings, front-end documents, and technical specifications to the Texas Commission on Environmental Quality for review. Attend one meeting in Austin, Texas to discuss the final review documents with regulatory officials, if required. L Quality Control Review. Perform an internal quality control review of the review drawings, front-end documents and technical specifications. Review the documents for completeness, bidability and constructability. H. Construction Contract Documents Incorporate comments. Incorporate agreed upon comments from Owner, internal quality control, and TCEQ into the construction contract documents (final drawings, front-end documents and technical specifications). 2. Provide construction contract documents. Submit five sets of the construct contract documents to the Owner for each of the two construction packages. PHASE 400 — BID & AWARD PHASE FOR CONSTRUCTION PACKAGE NO. 1. Work under Phase 400 will not proceed until Owner has authorized the Engineer in writing to proceed. Provide the following for Construction Package No. 1. A. Bid Services Coordinate bid letting date, time, and place with Owner. 2. Assist and advise Owner in placing the advertisements of the Invitation to Bid. Identify potential contractors and suppliers. 4. Provide construction contract documents in reproducible and electronic format compatible with Owner's requirements for bidding purposes. Attend, at a date and time selected and a place provided by Owner, a prebid conference to: a. Instruct prospective bidders and suppliers as to the types of information required by the contract documents and the format in which bids should be presented. Amendment 1 Attachment A.doc (Last printed l 1/23/2005 11:24 AM) -A-11- b. Review special project requirements and contract documents in general. c. Receive requests for interpretations that will be issued to plan holders. 6. Interpret construction contract documents. Prepare and issue addenda to the construction contract documents when required. 7. Assist Owner during bid opening. Answer questions during bid opening and review questionnaires and bids for completeness. B. Preaward Services 1. Review data regarding materials and equipment submitted by the apparent successful bidder to determine acceptability when the review is required by the bidding documents subsequent to bid opening and prior to award of contract. 2. Review and evaluate the qualifications of the apparent successful bidder and the proposed major or specialty subcontractors. The review and evaluation will. include financial resources, and check references on previous experience. 3. Evaluate bids, and make written recommendations to Owner concerning contract award. PHASE 410 — BID & AWARD PHASE FOR CONSTRUCTION PACKAGE NO. 2. (to be determined by Owner and Engineer at a later date and, if agreement may be reached, contemplated to be added to the Original Agreement by contract agreement) PHASE 500 CONSTRUCTION PHASE SERVICES (to be determined by Owner and Engineer at a later date and, if agreement may be reached, contemplated to be added to the Original Agreement by contract agreement) PHASE 510 — RESIDENT SERVICES DURING CONSTRUCTION (to be determined by Owner and Engineer at a later date and, if agreement may be reached, contemplated to be added to the Original Agreement by contract) PHASE 600 — OPERATIONS MANUAL (to be determined by Owner and Engineer at a later date and, if agreement may be reached, contemplated to be added to the Original Agreement by contract agreement) PHASE 610 — TRAINING AND STARTUP SERVICES (to be determined by Owner and Engineer at a later date and, if agreement may be reached, contemplated to be added to the Original Agreement by contract agreement) Amendment 1 Attachment A.doc (Last printed 11/23/2005 11:24 AM) -A-12- PHASE 700 — PROJECT CLOSEOUT PHASE (to be determined by Owner and Engineer at a later date and, if agreement may be reached, contemplated to be added to the Original Agreement by contract agreement) Amendment 1 Attachment A.doc (Last printed 11/23/2005 11:24 AM) -A-13- SUPPLEMENTAL SERVICES A. Any Work requested by Owner that is not included in one of the items listed in any other phase will be classified as supplemental services. B. Design and preparation of drawings and specifications for additional improvements identified in the technical memoranda listed in Paragraph F - Item 1 of Phase 300 - Design Phase. Purpose of each memorandum will be to evaluate and recommend improvements, and identify capital costs for the improvements. The opinion of probable construction costs presented in the "Description of Project" for this Attachment A does not include costs for these improvements. C. Design and preparation of drawings and specifications to incorporate recommendations identified in the Value Engineering Study (Phase 300 Paragraph G Item 11) and approved by Owner for implementation. The opinion of probable construction costs presented in the "Description of Project" for this Attachment A does not include costs for these improvements. D. Supplemental services shall include, but are not limited to: 1. Additional meetings with local, State, or Federal agencies to discuss the project. 2. Additional appearances at public hearings or before special boards. 3. Supplemental engineering Work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this agreement. 4. Special consultants or independent professional associates requested or authorized by Owner. 5. Assistance with bid protests and rebidding. 6. Preparation for litigation, arbitration, or other legal or administrative proceedings; and appearances in court or at arbitration sessions in connection with bid protests, change orders, or construction incidents. 7. Additions to an engineering report to update or revise original recommendations. 8. Revisions of design, drawings, and specifications arising from Value Engineering review which cause changes in the general scope, extent or character of the project, including but not limited to changes in size, Amendment 1 Attachment A.doc (Last printed 11/23/2005 11:24 AM) -A-14- complexity, Owner's schedule, character of construction, or method of financing. 9. Provision, through a subcontract, of land and property surveys and property descriptions, including legal property description, as required by the project. 10. Provision, through a subcontract, of the services of a land surveyor to prepare legal descriptions for the Owner's use in acquiring required property rights-of-way and easements. 11. Provision, through a subcontract, of aerial photography as requested or approved by Owner. 12. Provision, through a subcontract, of photographs or videotapes of the construction site topographic and infrastructure features along pipelines or access roads prior to starting, during construction, and following completion of construction. 13. An environmental assessment report and/or environmental impact statement as requested by Owner or required by review agencies. 14. Provision, through a subcontract, of a cultural resources or archaeological study and report on the construction site. 15. Provision, through a subcontract, of archaeological consultations regarding artifacts that may be uncovered during construction. 16. Provision, through a subcontract, of laboratory and field testing required during design and/or construction and of any special reports or studies on materials and equipment requested by Owner. 17. Observing factory tests and/or field retesting of equipment that fails to pass the initial test. 18. Conducting pilot plant studies and tests. 19. Support services for additional work in connection with public information activity. 20. Assisting Owner in complying with the requirements of 40 CFR Part 35, Paragraphs 35.2218(c) through 35.2218(e) as published in the Federal Register, Vol. 49, No. 34 - Friday, February 17, 1984. 21. Submittal of a schedule for field staffing requirements and cash flow. Amendment I Attachment A.doc (Last printed 11/23/2005 11:24 AM) -A-15- 22. Visits to the construction site or to Owner's location in excess of the number of such trips and the associated time set forth in other phases. 23. Preparation of a master construction schedule from individual schedules submitted by construction contractors, and coordination and resolution of conflicts with contractors' schedules. 24. Assistance in financially related transactions for the project. 25. Special reports requested by Owner concerning facilities operation and personnel matters during the operation startup period. 26. Where field conditions differ from the conditions indicated in the construction contract documents or soil boring reports, preparing sketches of construction work for approval by Owner, to supplement the drawings and specifications as may be required; and providing redesign or relocation information if required by underground obstructions, utilities, or other conditions. 27. Services for making revisions to drawings and specifications made necessary by the acceptance of substitutions proposed by the Contractor; and services after the award of each contract for evaluating and determining the acceptability of substitutions proposed by the Contractor. 28. Services resulting from significant delays, changes, or price increases caused directly or indirectly by shortages of materials, equipment, or energy. 29. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work by any Contractor, (3) acceleration of the progress schedule involving service beyond normal working hours, (4) default by any Contractor, and (5) failure of the Contractor to complete the work within the construction contract time. 30. Special services in connection with partial utilization of any part of the project by Owner prior to Substantial Completion which requires the Resident Project Representative to work additional hours or requires employment of additional onsite personnel. 31. Evaluation of unusually complex or unreasonably numerous claims submitted by the Contractor or others in connection with the work. 32. Review and analysis of claims for differing subsurface and physical Amendment I Attachment A.doc (Last printed 1 !123/2005 11:24 AM) -A-16- conditions submitted by the Contractor or others in connection with the work. 33. Changes in the general scope, extent, or character of the project, including, but not limited to: a. Changes in size or complexity. b. Owner's schedule, design, or character of construction. C. Method of financing. d. Revision of previously accepted studies, reports, design documents, or construction contract documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes, or orders enacted subsequent to the preparation of such studies, reports, documents, or designs; or are required by any other causes beyond Engineer's control. Amendment 1 Attachment A.doc (Last printed 11/23/2005 11:24 AM) -A-17- ATTACHMENT B TO AMENDMENT NO. 1 TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Engineer: Black & Veatch Corporation Project: Water Resources Improvements Compensation For the services covered by this Amendment, the Owner agrees to pay the Engineer as follows; For Permit Support as described in Phase 300 Paragraph E, an amount equal to the Engineer's payroll costs times 2.25 plus reimbursable expenses at cost and plus subcontract billings times 1. 10, with a not to exceed limit of $50,000. 2. For Value Engineering as described in Phase 300 Paragraph G Item 1.f, an amount equal to subcontract billings times 1. 10, with a not to exceed limit of $100,000. 3. For all other services described in Phases 300 and 400, a fixed fee of $6,185,000. 4. It is understood and agreed: That the Engineer shall start the performance of the services listed below within ten (10) days of receipt of Notice to Proceed (NTP) and shall submit the documents covering them to the Owner for review within the anticipated calendar day periods noted below: Part 2 — Design Phase 550 days from NTP That the Engineer shall keep records on the basis of generally accepted accounting practice of costs and expenses and which records shall be available to inspection at reasonable times. 11/23/05 B-1