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HomeMy WebLinkAboutResolution - 2020-R0359 - Professional Services Agreement Contract No. 15511 with Carollo Engineers, Inc.Resolution No. 2020-RO359 Item No. 6.11 October 13, 2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Professional Services Agreement Contract No. 15511 for professional services for Southeast Water Reclamation Plant, Plant 3 Improvements, by and between the City of Lubbock and Carollo Engineers, Inc., a Delaware corporation, and 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 City Council. Passed by the City Council on October 13, 2020 DANIEL M. POPE, MAYOR ATTEST: Re e a Garza, City Secret, APPROVED AS TO CONTENT: Jesica McEachern, Assistant City Manager APPROVED AS TO FORM: K Ili Leisure, Assistant City Attorney ccdocs.:RES.Agrmt- 15511 Southeast Water Reclamation Plant, Plant 3 Improvements September 16, 2020 Resolution No. 2020-RO359 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 15511 is entered into this 13th day of October , 2020, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and CaroIlo Engineers, Inc., (the" Engineer"), a Delaware corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for Southeast Water Reclamation Plant, Plant 3 Improvements, (the "Activities"); and WHEREAS, the 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 the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional 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 Agreement, the City and the Engineer hereby agree as follows: /:l:7 0[Q"AaYS:1131 The term of this Agreement commences on the Effective Date and continues without interruption for a term of 730 days. If the Engineer determines that additional time is required to complete the Services, the City Engineer, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page 1 of 10 ARTICLE II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services") B. The Engineer shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $646,120, as set forth in Exhibit "B". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Engineer is a corporation duly organized, validly existing, and in good standing under the Iaws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. Page 2 of 10 C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement 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, ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Engineer shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The 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, the Engineer and the Engineer's employees and/or sub -consultants, 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. Page 3 of 10 ARTICLE VIII. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the 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. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub -consultant of the 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: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 The Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Page 4 of 10 Labor Code. Further, the 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. If at any time during the life of the Agreement or any extension hereof, the Engineer fails to maintain the required insurance in full force and effect, the Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit [insert correct value], attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY The 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. Page 5 of 10 ARTICLE XI. INDEMNITY THE 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, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The 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 Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement 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. The Engineer's address and numbers for the purposes of notice are: Carollo Engineers, Inc. Hani Michel, P.E. 8911 Capital of Texas Highway North, Suite 2200 Austin, Texas 78759 Telephone: (512) 453-5383 Facsimile: (512) 453-0101 Page 6 of 10 C. City's Address. The City's address and numbers for the purposes of notice are: Josh Kristinek, P.E. City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79401 Telephone: (806) 775-3397 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 Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The 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, the Engineer's books and records with respect to this Agreement between the Engineer and the City. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. Page 7 of 10 F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND 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 AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement 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 Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through "B" attached hereto, contains the entire agreement between the City and the Engineer, and there are no 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 the 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 the 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 the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving parry'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 party other than the City and the Engineer. Page 8 of 10 N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. O. SB 252. SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. P. No Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. Q. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 9 of 10 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: A Leo Lencz J'K Rebe •a Garza, City Secretky—) APPROVED AS TO CONTENT: Michael G. Keenum, P.E., CFM, Division Director of Engineering/City Engineer , P.E., Assistant City Engineer is and Design APPROVED AS TO FORM: r - K li Leisure, Assistant City Attorney DANIEL M. POPE, MAYOR Firm Carollo Engineers, Inc. 51 ch4' fAaV Hani Michel, P.E., Vice President By: Scott Hoff, P.E., Senior Vice President Page 10 of 10 EXHIBIT A CONSTRUCTION PHASE SERVICES FOR CITY OF LUBBOCK, TX SOUTHEAST WATER RECLAMATION PLANT PLANT 3 IMPROVEMENTS PROJECT BACKGROUND The Southeast Water Reclamation Plant (SEWRP) operates two liquid stream treatment trains: Plant 3 featuring conventional activated sludge, and Plant 4 featuring an IFAS process for biological nutrient removal. The original construction of Plant 3 occurred in the 1960s and 1970s, with some improvements being made in the mid-1990s. Plant 3 is generally in need of rehabilitation and upgrades to improve treatment performance, reduce maintenance requirements, and extend the service life of the treatment train. The City of Lubbock (CITY) elected to move forward with a Phase 1 project to replace the air header and air distribution piping between the aeration blowers and the diffusers, upgrade the secondary clarifiers, upgrade pumping of RAS and WAS, and improve secondary scum handling. The CITY authorized the ENGINEER to provide design services and prepare Contract Documents for construction of the Plant 3 Improvements Project in December 2017. The design was completed in August 2019, and proposals were received from qualified Construction Contractors in January 2020. PURPOSE This EXHIBIT A establishes the Scope of Work, the Time of Performance, and the Engineering Services Budget for Construction Phase Services to be provided by the ENGINEER for the CITY. The engineering services will consist of the following: • Section 100 —Project Management and Meetings • Section 300 — Subconsultant Services • Section 800 — Services During Construction • Section 900 — Special Services The Engineering Services will be performed during the construction and post -construction phases of the Project. Project Administration, Office Services During Construction, and Field Services During Construction will be provided based on 20 months of construction duration. GENERAL DESCRIPTION The work associated with construction of the Plant 3 Improvements Project generally consists of installing a new above -ground aeration header, replacing air piping laterals and isolation valves, demolition of existing secondary clarifier mechanisms, and replacing them with new hydraulic suction header mechanisms, installing new RAS pump stations (one per clarifier), installing new scum pumping systems (one per clarifier), installing a new rotary lobe WAS pump, electrical and instrumentation to support the new facilities, and incidentals for a complete and usable facility. The Contract Documents are defined as the City of Lubbock Division 0 (Volume 1), Technical Specifications Divisions 1 through 17 (Volumes 2 and 3), Typical Details (Volume 4), Plans (Volume 5), Addenda, and executed change orders prepared for construction of the Project. September 11, 2020 - Exhibit A - Contract No. 13422 PA f_ t 1 of 10 The ENGINEER will consult with, advise the CITY, and act as its representative during construction, including part-time on -site representation by a subconsultant employed by the ENGINEER. CITY instructions to the Contractor will be issued through ENGINEER who will have authority to act on behalf of CITY to the extent provided in this Exhibit A, unless otherwise directed by the CITY in writing. ENGINEER will not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor or the safety precautions and programs associated with the work of the Contractor. SECTION 100 PROJECT MANAGEMENT AND MEETINGS ENGINEER will provide project administration, monitor construction activities for conformance with the project's intent, and provide active engineering overview and support of CITY staff in responding to construction issues. ENGINEER will monitor and recommend resources to adequately support contractor's construction schedule, ENGINEER will keep CITY informed of the progress of the work, will endeavor to guard CITY against defects and deficiencies in such work and will disapprove or reject work failing to conform to the Contract Documents. Specific project management and administrative services will be as presented herein: Task 101 - Project Management, and Progress Meetings ENGINEER will plan, organize, staff, direct, manage, coordinate, and report work tasks of the Project team (Carollo Engineers and subconsultant personnel). ENGINEER will prepare and submit monthly invoices to CITY. ENGINEER will attend a monthly Construction Progress Meeting. One person will attend each meeting in person, and a second person will attend each meeting via a virtual meeting platform. Task 102 - Preconstruction Conference The ENGINEER will schedule and conduct a Preconstruction Conference via a virtual meeting platform. At the conference, the ENGINEER will identify field services to be provided by the ENGINEER, and discuss appropriate coordination procedures. The ENGINEER will prepare an agenda for the meeting and will prepare and distribute the meeting minutes. The ENGINEER's Resident Project Representative (RPR) will conduct the meeting and will introduce the Project Team, review procedures for the processing of Contractor's Submittals, Request for Information (RFIs), Potential Contract Modifications (PCMs), Change Order Proposals (COPS), overall Change Order policy, monthly progress payments, field quality control procedures, protocol for resolution of field discrepancies, inspection reports, and other specification requirements. Task 103 - Maintain Project Documents The ENGINEER will maintain detailed project records and documentation during the construction phase. Project documents will be maintained using a Web Based Construction Document Management service as provided under Web -Based Project Document Management System Task 806. The Project records will include correspondence, schedules, submittals, test data, project data, payments, change orders, meeting minutes, clarifications, mark-ups of drawings and specifications, control system documentation and other such documentation. Project records will be delivered to September 11, 2020 - Exhibit A - Contract No. 13422 F, q r: k 2 of 10 C C 0 the CITY's representative upon completion of the construction contract. Records will be maintained under Task 301 at the RPR's field office. Task 104 - Administer Contractor Progress Payments The ENGINEER's RPR will review applications for payment and the accompanying data and schedules, will determine the amounts owing to Contractor and will recommend payments to Contractor by the CITY under Task 301. For unit price work, the ENGINEER's RPR recommendations for payment will be based on a determination of completed quantities of such work. Task 105 - Substantial and Final Completion Inspection The ENGINEER will, upon completion of the punch list items as notified by the Contractor, make final inspection to determine if the finished work has been completed to the standard required by the construction documents, determine whether required inspections and approvals for permit compliance have been satisfactorily completed, and Contractor has fulfilled the obligations so that ENGINEER may recommend, in writing, final payment to Contractor and may give written notice to CITY and the Contractor that the work is acceptable, subject to any conditions therein expressed and in consultation with the CITY whether the work is finally complete. Two inspection trips are anticipated for budgeting purposes, as follows: One trip at completion of Milestone 1 Work, and one trip at completion of Milestone 2 Work. SECTION 300 SUBCONSULTANT SERVICES Task 301 - Provide Resident Project Representative ENGINEER will provide the services of a subconsultant Resident Project Representative (RPR) for up to 20 months, based on up to 14 work hours per week. The RPR will act as directed by ENGINEER, in order to assist ENGINEER in inspecting performance of the work of the Contractor. Through on -site inspections of the work in progress and field checks of materials and equipment by the RPR, ENGINEER will endeavor to protect the CITY against defects and deficiencies in the work of the Contractor, but the furnishing of such resident project representation will not make ENGINEER responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions or programs, or for the Contractor's failure to perform their work in accordance with the Contract Documents. RPR, as ENGINEER's agent, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER. RPR's dealings in matters pertaining to the on -site work will in general be only with ENGINEER and Contractor, and dealings with subcontractors will only be through or with the full knowledge of Contractor. Written communication between the Contractor and the CITY will be only through or as directed by ENGINEER, and when appropriate, may be through the RPR 301.1 Duties and Responsibilities of RPR Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by Contractor, and consult with ENGINEER and scheduling professional concerning their acceptability. Meetings: Conduct preconstruction conference and periodic construction progress meetings. Prepare and distribute minutes of such meetings. September 11, 2020 - Exhibit A - Contract No. 13422 �, n r 3 of 10 Liaison: Serve as ENGINEER's liaison with the Contractor, working principally through the Contractor's superintendent and assist the superintendent in understanding the intent of the Construction Documents. Assist ENGINEER in serving as CITY's liaison with the Contractor, when the Contractor's operations affect the CITY's on -site operation. As directed by the ENGINEER, assist in obtaining from CITY additional details or information, when required at the job site for proper execution of the work. Shop Drawincis and Sam les: Shop drawings and samples that are furnished by the Contractor will be received and reviewed as defined in Task 202. Advise ENGINEER and Contractor prior to the commencement of work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. Inter retation of Construction Documents: Receive and transmit clarifications and interpretations of the construction documents toffrom the Contractor and ENGINEER as described in Task 203. Resident Project Representative will notify the CITY's representative of the ENGINEER's decision prior to issuance to the Contractor. Chances: Consider and evaluate Contractor's suggestions for changes in drawings or specifications and report suggestions with recommendations to ENGINEER. Notify the CITY's representative of changes or alterations believed to be in the CITY's best interest. Provide the CITY's representative with support information of proposed changes. Prepare drawing, details, and specifications needed to describe and justify the change. Prepare an estimate of the cost and time impact of the change, and negotiate scope, cost, and schedule with the Contractor. Records: Maintain at the job site files for correspondence, reports of job conferences, shop drawings and samples submissions, reproductions of original construction documents including addenda, change orders, field orders, additional drawings issued subsequent to the execution of the construction contract, ENGINEER's clarifications and interpretations of the construction documents, progress reports, and other Project related documents. Prepare reports the days RPR is on site recording Contractor's work performed on the job site, major construction equipment on -site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, on -site equipment, subcontractors on -site, inspections in general and specific inspections in detail as to inspecting test procedures. Send record copies to ENGINEER. Record names, addresses, and telephone numbers of the Contractor's staff, subcontractors, and major suppliers of materials and equipment. Maintain notes to be capable of cross-referencing the Contractor's record drawing information for accuracy and completeness. Receive, review and process daily inspection reports. Maintain a digital photographic file of the progress of the construction activities throughout the duration of the Project. This photo file will consist of color photographs taken to document specific construction activities where the information may be of future value. The photographs will be labeled as to the subject, and date of the photo and the photos will be kept in files that have been formatted to represent the specific construction area of the Project. September 11, 2020 - Exhibit A - Contract No. 13422 ,A ; r 4 of 10 Reports: Each month, furnish ENGINEER and CITY the Project progress meeting minutes (as the construction contract status report) describing the progress of the work and Contractor's compliance with the approved progress schedule and schedule of shop drawing submissions. The report will include as a minimum: 1. Total Project cost to date 2. Total Project cost during the period 3. Planned versus actual progress 4. Actual and/or potential defaults or violations of the construction documents 5. Remedies to the above 6. Change order activity summary (Task 204) 7. Other Project issues Consult with ENGINEER in advance of scheduled major tests, inspections, or start of important phases of the work. Promptly notify the ENGINEER of accidents relating to the Project. Contractor Pay Applications: Review applications for payment as described in Task 104 with Contractor for compliance with the established procedure for their submission and forward those with recommendations to ENGINEER, noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered at the site but not incorporated in the work. On Site Construction Inspection: Provide ongoing construction inspection as needed. Certificates. Maintenance and Operation Manuals: During the course of the work, review and determine that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed; and deliver this material to ENGINEER for review and forwarding to CITY prior to final acceptance of the work. Start-up Assistance: Start-up services must be sufficient to transfer finished work from a construction status to operating, functional system(s). Such services may include review of contractor's start-up plan, prepare, and coordinate a start-up plan and procedures for CITY personnel use, supervise during start-up procedures, and assist CITY personnel during a period of initial operation, within the anticipated construction period. Special Inspection: During the course of the work, arrange and coordinate Special Inspections for structural, mechanical, and electrical work. 301.2 limitations of Authority Except upon written instructions, Resident Project Representative: 1. Will not authorize deviation from the Contract Documents or approve substitute materials or equipment. 2. Will not undertake the responsibilities of Contractor, subcontractors or Contractor's superintendent, or expedite the work. September 11, 2020 - Exhibit A - Contract No. 13422 PAGE 5 of 10 C: cpr^, l 3. Will not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences, or procedures of construction unless such is specifically called for in the Construction Documents. 4. Will not advise on or issue directions as to safety precautions and programs in connection with the work. 5. Will not authorize CITY to occupy the Project in whole, or in part. Task 302 - Confirmation Survey The ENGINEER will provide for surveying services as specified in the Contract documents. This includes: 1. Verify the Contractor's understanding of the facility's existing horizontal and vertical controls used to locate and layout the Project. 2. Confirm field elevation of new and existing structures. Task 303 - Material Testing The ENGINEER will provide for material testing service as required by the Contract Documents The ENGINEER will provide the services of a professional construction materials inspection and testing laboratory that meets ASTM E 329 requirements. Inspection and testing will be coordinated with the construction schedule. Testing and inspection services will include placement inspection and testing of compacted select fill and backfill, ordinary backfill, paving base, pavement subgrade, and subgrade courses; asphaltic concrete pavement inspection and field density tests and concrete testing and inspection. Samples for testing will be collected from the construction site and delivered to the laboratory. The laboratory will provide a construction materials technician to perform the field construction materials inspection and field-testing services herein outlined. ENGINEER will review laboratory reports and reports of inspection and testing activities describing the tests and inspections made and maintain files of this documentation to be turned over to the CITY. The laboratory will itemize changes in specifications or acceptance criteria authorized by the ENGINEER and report the actual condition of all items tested and inspected. The laboratory will report directly to the ENGINEER's Construction Inspector and will receive direction with respect to work activities, duties, duration, reporting procedures, etc., from the ENGINEER's Construction Inspector. The ENGINEER's laboratory will inspect and test for the following: Soils Testing: Select backfill, backfill and subgrade materials under and around structures, paved areas, pipe trenches, and duct bank/conduit, etc., for compaction to the appropriate percentage of the moisture -density specified for each material. Selection of areas to be tested will be made by the ENGINEER. Placement of select backfill will be periodically monitored by the technician for compliance with project materials quality specifications. Field moisture - density tests will be conducted by the technician at the frequency directed by the ENGINEER. In -place density tests and sampling will be conducted by the Technician on the compacted asphalt pavement at the frequency designated by the ENGINEER. Moisture -density relationships will be determined in accordance with the moisture -density specifications specified for this Project, utilizing the appropriate method for each material type. Optimum moisture and maximum density remolded swell and plasticity index testing as required for each September 11, 2020 - Exhibit A - Contract No. 13422 PAGE. 6 of 10 Cp ArAm NA sample submitted. Soil sieve analyses will be conducted prior to placement of select backfill, and embedment and granular fill materials. 2. Concrete Placements: The laboratory's technician will monitor the concrete materials, as delivered to the Project site, for compliance with the requirements of the Construction Contract Documents. These requirements include temperature, slump, air content, time of delivery and composition as delivered. The technician will report deviations from the Construction Document requirements to the ENGINEER's Resident Project Representative. ENGINEER's Representative will determine the acceptability of the products. The technician will prepare and deliver to the laboratory for testing the concrete test cylinders in accordance with the Construction Contract Documents and appropriate American Concrete Institute (ACI) Standards. Provide test cylinder control system in accordance with the Laboratory's standard control procedure. 3. Testing of Hot Mix Asphaltic Concrete: Bitumen extraction, aggregate gradation, bitumen content, laboratory density and stability test will be performed for paving operations. 4. Additional Testing: Services that may be required throughout the life of the construction period will be provided at the ENGINEER's request. Fees for these services will be invoiced through the ENGINEER to the CITY at the laboratory's standard unit rates in effect at the time these services are provided. Written reports of testing results that identify the required data and identify conformance or non- conformance with the Construction Contract Document will be maintained by the ENGINEER and provided to the CITY at the completion of the Project. The ENGINEER will take appropriate action on such testing and inspection reports, including acceptance, rejection, requiring additional testing or corrective work, or such other action the ENGINEER deems appropriate. The ENGINEER will promptly reject Work that does not conform to and comply with testing requirements. Task 304 - Structural Submittals, RFIs, and Inspections The SUBCONSULTANT will review, and approve (or reject as necessary) contractor technical submittals, RFIs, and/or shop drawings for compliance with the Contract Documents. Submittals will be transmitted and processed electronically using the Project's web based Construction Document Management system. Review procedures will be as specified in the Contract Documents This review does not relieve the contractor from specification requirements. Up to 5 RFIs and 25 submittals are assumed for budgeting purposes. The SUBCONSULTANT will anticipate an average of two review cycles for each submittal. Specialized structural inspection will be required at critical stages of the work associated with the secondary clarifiers, and aeration basins. SUBCONSULTANT will provide discipline inspection up to the level of effort identified in the person -hour allocation. SECTION 800 SERVICES DURING CONSTRUCTION Task 801 - Submittal Review The ENGINEER will manage, review, approve (or reject as necessary) and document / log contractor technical submittals and/or shop drawings for compliance with the Contract Documents. Submittals will be transmitted and processed electronically using the Project's web based Construction Document Management system. Review procedures will be as specified in the Contract Documents This review does not relieve the contractor from specification requirements. September 11, 2020 - Exhibit A - Contract No. 13422 F� A(, r 7 of 10 Capwem . Up to 150 submittals are assumed for budgeting purposes, including resubmittals. The ENGINEER will anticipate an average of 2 review cycles for each submittal. The ENGINEER will track the budget expended for submittal review beyond two submittals for reimbursement by CITY and Contractor. The ENGINEER will maintain a submittal log showing dates of submittal, dates of return and review action. Copies of the log will be furnished to the CITY and the Contractor monthly. Task 802 - Issue Interpretations and Clarifications The ENGINEER will interpret the technical content of drawings and specifications with respect to requests for clarification and/or deviation from them. Requests for interpretation or clarification (RFI) will be transmitted and processed electronically using the Project's web based Construction Document Management system. Up to 25 RFls are assumed for budgeting purposes. Design team members will provide overview in each discipline to confirm that the decisions made in design are incorporated in the responses to RFI generated during construction. The ENGINEER will maintain a RFI log showing dates of RFI, dates of return and review action. Copies of the log will be furnished to the CITY and the Contractor monthly. Task 803 - Minor Changes, Change Order Requests, and Change Orders The ENGINEER will consult with and advise the CITY concerning change order requests and change orders. Up to 20 potential contract modifications (PCMs), and up to 6 change orders (COs) are assumed for budgeting purposes. The ENGINEER may authorize or direct minor changes in the Work which are consistent with the intent of the Contract Documents and which do not involve a change in Project cost, time for construction, Project scope, aesthetics, or approved design elements. Such minor changes will be implemented by written field order. The ENGINEER will not have authority to direct or authorize changes in the work that involve a change in Project cost, time for construction, Project scope, aesthetics, or approved design elements without the CITY's prior written approval. The ENGINEER will prepare and submit change order requests explaining the merits for the change and a recommendation for the CITY's approval and acceptance. The ENGINEER will negotiate an agreement with the Contractor on behalf of the CITY as to scope of work and cost, time or both associated with the change in Work. The change order will include a written justification for the cost of the Work and will be given to CITY for final review and approval. Task 804 - Web Based Project Document Management System ENGINEER will provide a web -based Project Document Management System as provided by EADOC. Task 805 - Record Drawings The ENGINEER's Resident Project Representative will review and coordinate the record drawings maintained by the Construction Contractor. After final completion, the ENGINEER will incorporate appropriate Contractor markups into the project CAD files. The record drawings will be available to the CITY within 60 days of receipt of all data in its entirety from the Contractor. September 11, 2020 - Exhibit A - Contract No. 13422 PAGE: 8 of 10 C;*A1A19- The ENGINEER will prepare one bond copy of the Record Drawings and one electronic copy to submit to the CITY. SECTION 900 SPECIAL SERVICES Task 901 - Electrical Inspection Electrical inspection services will be required at various stages of the project. ENGINEER will provide general electrical inspection in support of the RPR. The ENGINEER will support electrical inspection activities and provide discipline inspection services up to the level of effort identified in the person -hour allocation, including the following: 1. Provide electrical inspection of the following: a. Electrical materials and equipment b. Installation methods and workmanship of duct banks and exposed conduit c. Wire installation and terminations d. Wire and conduit tagging e. Witness contract required third party inspection 2. Inspection of duct bank wire pulls 3. Electrical support for start-up activities Task 902 - Instrumentation and Control (I&C) Inspection Instrumentation and Control (I&C) inspection services will be required at various stages of the project. The ENGINEER will support I&C inspection activities, and provide inspection services for interface with instrumentation, controls, and software checkout. Emphasis will be given to system startup and checkout. ENGINEER will provide discipline inspection as requested up to the level of effort identified in the person -hour allocation. Task 903 - Operations Manual (EOM) The ENGINEER will develop an Operations Manual for the Plant 3 Improvements. The content development process will be designed for compliance with TCEQ §217 requirements, and to meet CITY goals and objectives. The manual will include the following: • Background • Theory • Operating Strategies • Equipment & Controls Description • Standard & Emergency Operating Procedures • Design Criteria • Troubleshooting • Safety • Alarms • Figures The Manual will contain a process description in sufficient detail to describe the process to operators in a direct format. The Manual will be submitted as a MS Word (native) file and also as a PDF file. No hard copies will be provided. CITY will print hard copies if needed. Task 904 - Startup and Training The Contract Documents require the Contractor to assume responsibility and to demonstrate the function of each process system and subsystem. ENGINEER will witness and verify the equipment September 11, 2020 - Exhibit A - Contract No. 13422 P A,c, E 9 of 10 CM.,,1A'e performs as specified and the Contractor has provided equipment that operates in accordance with the specifications. After Contractor's testing is completed, ENGINEER will assist CITY operations staff in system startup and system performance testing. CONSTRUCTION PERIOD The Scope of Work presented herein covers work -related tasks that will be required for a construction period of 20 months (600 days). Should the construction period exceed the allotted time, an Amendment to this Contract may be required to extend the Field Services through completion of construction. CITY and ENGINEER agree to review the Contractors progress on a quarterly basis to determine ENGINEER staffing needs required to complete the project and make adjustments to the budget as needed. BUDGET CITY and ENGINEER have established a not -to -exceed budget of $646,120 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. Subconsultant services 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 as appropriate to allow flexibility in providing the needed services within the not -to -exceed budget. ENGINEER agrees to complete these services as delineated above. Should there be a Change in Scope of Work or Time of Performance, then this can result in an amendment to this contract, which will be negotiated at that time. The level of construction services provided by the ENGINEER is highly dependent on the Contractor. Consequently, the CITY and ENGINEER agree to review the job progress at the midpoint period and at the 75 percent complete point to determine the effort required to complete job tasks and make appropriate adjustments to the budget as needed. September 11, 2020 - Exhibit A - Contract No. 13422 PAGE 10 of 10 a VI - N w N ' = �g v.l »1 fV rt1 NI ei » UOV p u �y u f We1 y V ^ O p p d � 5WV ti S � � �... N : .rim - � � • x � � � S g Z N '¢ a � n n R ppC O y E » ¢ 0 5t N p F OLLy CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of i Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2020-669474 Carollo Engineers, Inc. Austin, TX United States Date Filed: 09/18/2020 2 Name o governmen entity or state agency that is a party to the contract or is the form is being filed. City of Lubbock Date Acknowledged: 09/28/2020 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. 15511 Professional construction phase services for the Southwest Water Reclamation Plant, Plant 3 Improvements Project 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Wason, Ash Costa Mesa, CA United States X Wachter, Russell Phoenix, AZ United States X Hart, Vincent Broomfield, CO United States X Carella, Louis Walnut Creek, CA United States X Hagstrom, James Walnut Creek, CA United States X Barnes, Michael Walnut Creek CA United States X Narayanan, Balakrishnan Walnut Creek, CA United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city} (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d