HomeMy WebLinkAboutResolution - 4787 - Agreement - PEWS - Reverse Osmosis Demineralizer System , Brandon Station - 03/23/1995Resolution No. 4787
March 23, 1995
Item 429
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 an Engineering Services Agreement,
attached herewith, by and between the City of Lubbock and Power & Environmental Water
Specialists for the investigation and evaluation of the Reverse Osmosis Demineralizer
System at Brandon Station, and any associated documents, which Agreement shall be
spread upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 23rd day of
ATTEST:
all
apt. a -IM, -
APPROVED AS TO CONTENT:
March . 1995.
DAVID R.
11jn1AL—
J y adsworth, Electric Production Superintendent
APPROVED AS TO FORM:
DKald G. Vandiver, First Assistant
City Attorney
DGV:da
ccdocs/a-engsrv.res
March 3, 1995
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Resolution No. 4787
March 23, 1995
Item 429
Engineering Services Agreement
This Agreement is made this the 23rd day of March 1995. The City of Lubbock, Texas,
the Owner, and Power & Environmental Water Specialists,
the Engineer.
A. Scope of the Work
Provide professional services to investigate current water treating system and
prepare plans and specifications and operating instructions as needed for the following
project:
B. Basic Services
The Engineer shall provide professional services as follows:
1. Investigate and evaluate the present Reverse Osmosis Demineralizer system as
installed by the General Contractor, compare installed system to performance
specification, as written by Power Projects and determine if specifications were
satisfactorily complied with.
2. Make recommendations as to modifications to be made that will assure that this
system will operate as needed for long term efficient operation, at minimal cost and
maintenance.
3. Be prepared to support the City of Lubbock if specifications were not complied
with in whatever legal remedies that may be available to the City of Lubbock.
4. Assist the City of Lubbock in developing specifications for boiler water treatment
system at Plant II.
C. The Owner's Responsibilities
1. The Owner may furnish such structural, mechanical, electrical, chemical and other
laboratory test, inspections and reports as he may deem necessary. A complete survey of
the site and utilities serving it, soil analysis and a program of the work, outlining in detail
the space requirements and their general relationship will be provided as required by the
Project.
2. The Owner may furnish such legal, accounting and insurance counseling services
as he may deem for the Project and auditing services as he may require to ascertain how
or for what purposes the Contractor has used the monies paid him under the Construction
Contract.
3. When continuous field supervision of construction is deemed necessary by the
Owner, in addition to the Engineer's basic services, the Owner shall bear the cost of such
supervisory personnel. This personnel must be mutually acceptable to the Owner and the
Engineer.
4. The Owner will pay the cost of reproducing copies of all required submittals and
"As Built" documents.
D. The Engineer's Responsibilities
The Engineer shall not be responsible for the acts or omission of any contractor,
subcontractor, supplier or the agent or employee of any contractor, subcontractor or
supplies in the performance of this Agreement; however, nothing herein shall be
construed to release Engineer from liability for failure to properly perform the duties and
responsibilities assumed by the Engineer pursuant to this Agreement.
E. Compensation and Payment
The Owner agrees to pay the Engineer as compensation for the basic services lump sum
as follows:
Task #1 Review the initial specification and design of the RO/DI Makeup Water
Treatment System at the Brandon Station
This task would include summarization of our findings in a detailed report which would
explain both our rationale and findings.
a. Estimated man-hours for this item including site visit by Mr. Foster and Mrs.
Shivers, material research and documentation of findings:
80 hours @ $87.50 per hour = $7,000.00
b. Estimated Travel and Living Expenses for this item including round-trip airfare
for Mr. Shivers.
$750.00
C. Clerical Support for documentation of findings.
10 hours @ $20.00 per hour = $200.00
Subtotal for task #1: $7,950.00
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Task #2 Trouble shooting Existing System Condition and Operating Practices
This item would include review and recommendations regarding the following equipment
and practices:
a. Operation and Maintenance of the multimedia filters and RO prefilters
b. RO operation including startup, shutdown, recovery rates, and flowrates
C. RO cleaning practices.
d. RO maintenance practices, including instrumentation calibration, proper loading
of new elements and other maintenance related items.
e. Recommended RO Chemical Feeds and the chemical rationale behind these
recommendations.
f. Cation and anion demineralizer operating practices.
Several significant concerns were observed regarding the demineralizer
regenerations. Most important wad the lack of 120°F water for anion regeneration, and
the suspected sever polymerized silica fouling of the cation resin which would in turn
cause the early breakthrough of silica from the anion beds.
g. Field support for implementation of recommended changes in operating practices
for items such as demineralization regenerations, RO Cleaning and RO monitoring.
Estimated man-hours for performance of these tasks including documentation of findings
and reasoning for recommendations as well as field support to effect changes could vary
between 60 and 100 hours. Maximum estimated time is 100 man-hours. Dr. Dan
Milligan and Mr. Fred Foster would perform these tasks.
Maximum estimated cost for man-hours for task #2:
100 hours @ $87.50 per hour + $8.750.00
Estimated travel and living costs for Mr. Foster and Mr. Shivers
$1,200.00
Clerical Support for reports
15 hours @ $20.00 per hour = $300.00
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Maximum Estimated Subtotal for item #2: $10,250.00
Task #3 Write a design specification for a makeup water treatment system for
City of Lubbock's Plant 2.
60 man-hours @ $87.50 per hour = $5,250.00
Total "Not to Exceed" Estimated for items 1,2 and 3 is 523,450.00
F. Additional Services
Services not included under the Basic Service article of this Agreement shall be
considered Additional Services.
Such Additional Services and related expenses shall be as mutually agreed upon in
writing by the Owner and Engineer prior to the beginning of any work. Compensation
for Additional Services shall be as follows:
1. Direct Personnel Expense
Reimbursement for direct personnel expense of those principals, associates and
employees of the firm who are assigned to and are productively engaged on the project
providing such services as research, designing, preparing drawings and writing
specifications.
Direct personnel expense shall be based on an amount of 1 times the actual
cost of salaries normally paid, including mandatory and customary benefits such as
statutory employee benefits, insurance, holidays, vacations, pensions and similar benefits.
2. Reimbursement Expenses
Engineer shall be reimbursed for his direct cost of such expenses as reproduction,
postage, out-of-state travel and communications directly related to such agreed additional
services.
3. The cost of preparing change orders due to the Engineer's error or omission shall
be the responsibility of the Engineer.
G. Consultants
It is contemplated that during the process of the work to be performed under this
Agreement, both parties may wish to retain consultants at their own expense. It is
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specifically understood and agreed that any consultant retained by the Engineer shall be
and Engineer's expense; however, the Owner reserves the right to approve such
consultants and the conditions of their employment. It is further understood that the
Owner may retain consultants and that the expense for the same shall be borne by the
Owner.
H. Continuing Services
Following completion of any phase of the work, the Owner may elect to continue, delay,
abandon or revise the work. The payment for services accordingly will be as mutually
agreed.
I. Nondiscrimination in Employment
There shall be no discrimination against any employee or applicant for employment
because of race, religion, color, national origin, age, handicap, or sex.
J. Accounting Records
Records of the Engineer's direct personnel expense and records of accounts of
reimbursable expenses for which reimbursement is requested shall be kept on a generally
recognized accounting basis and shall be available to the Owner. Said records shall be
preserved for a period of three years after final payment.
K. Termination of Agreement
This agreement may be terminated by either party on thirty (30) days written notice to the
other party for failure or refusal to perform in accordance with the terms and conditions
of this Agreement. Such termination shall be made by the Owner, giving written notice
directed as follows:
Thirty (30) days written notice to the president of Power & Environmental Water
Specialists, likewise, termination by the Engineer shall be accomplished by directing
written notice to:
City Manager
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
In the event of termination, the Engineer shall be paid his compensation for services
performed to termination date based upon completion of services performed to
termination date, and based upon completion of work through any phase under the fee
basis as applicable, or on a direct personnel expense basis as mutually agreed.
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Copies of drawings, specifications or any other materials to date of termination will be
furnished to the Owner on date of termination.
L. Ownership of Documents
Original Drawings and Specifications as instruments of service are, and shall remain, the
property of the Engineer whether the project for which they are made is executed or not.
The Owner shall be permitted to retain copies, including reproducible copies, of
Drawings and Specifications for information and reference in connection with the
Owner's use and occupancy of the Project. The Drawings and Specifications may be
used by the Owner on other projects, for additions to this project, or for completion of
this project by others at no additional charge to Owner.
M. Successors and Assign
The owner hereby binds itself, its successors, assigns and legal representatives to the
Engineer in respect to all stipulations, terms and covenants of this Agreement; and
likewise, the Engineer hereby binds himself, his successors, assigns and legal
representatives to the Owner, in respect to all stipulations, terms and covenants of this
Agreement.
N. Assignment
Neither the Owner nor the Engineer shall assign, sublet or in any manner transfer it or
their respective interest in this Agreement to any other person, individual, firm,
corporation or other interest without prior written consent of the other respective party.
O. Insurance
The Engineer shall carry General Liability with a limit of $1,000,000, Workman's
Compensation with a limit of $500,000 and Auto Insurance with a limit of $500,000.
P. Extent of Agreement
This agreement represents the entire and integrated agreement between the Owner and the
Engineer and supersedes all prior negotiations, representations or agreements, eigher
written or oral. This Agreement may be amended only by written instrument signed by
both the Owner and the Engineer.
Q. Applicable Law
This agreement shall be considered to be performed in Lubbock County, Texas
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R. Designation of Representative
Owner hereby designates the City Manager of the City of Lubbock or the person
designated as his representative, as its duly authorized and designated representative to
act for and on behalf of the Owner.
This Agreement executed the day and year first written above.
ATTEST:
Betty M. Johson, dty Secretary
APJ/17
ROVED AS TO CONTENT:
'�.,Yay Wadsworth,
Electric Production Superintendent
APPROVED AS TO FORM:
onald G. Vandiver,
First Assistant City Attorney
DGV:da
cityatt\engserv.doc
March 6, 1995
ENGINEER:
POWER & ENVIRONMENTAL
WA PECIAL�
FRED FOSTER, PRESIDENT