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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 -1- 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 2 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 3 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 4 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. 5 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 6 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