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HomeMy WebLinkAboutResolution - 2020-R0360 - Professional Services Contract No. 15488, Wunderlich-MalecResolution No. 2020-RO360 Item No. 6.12 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 and on behalf of the City of Lubbock, Professional Services Contract No. 15488 for Supl Services for the Southeast Water Reclamation Plant -Plant 3 Improvements, by and between City of Lubbock and Wunderlich-Malec, a Texas Corporation, and related documents. c Contract is attached hereto and incorporated in this resolution as if fully set forth herein and s; be included in the minutes of the City Council. Passed by the City Council on _ October 13, 2020 U�" DANIEL M. POPE, MAYOR ATTEST: Rebecc Garza, City Secret APPROVED AS TO CONTENT: ti cEachern, Assistant City Manager APPROVED AS TO FORM: Am s, Deputy City Attorney ccdocs/RES.PSA-No. 15488 Wunderlich-Malec Support Services 10.1.20 Resolution No. 2020-RO360 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 15488 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 Wunderlich-Malec , (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide Support Services for the Southeast Water Reclamation Plant - Plant 3 Improvements based on RFP 20-15325-CM (the "Services"). (the "Activities"); and WHEREAS, the parties enter into this agreement in accordance with Local Government Code (LGC) § 252.022 (7); 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: ARTICLE L TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of 660 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 11 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 $88,850.00, 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 Each Party 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 laws of the State of Texas and is qualified to carry on its business in the State of Texas. Page 2 of 11 B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. 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, Page 3 of 11 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. 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. Page 4 of 11 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 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 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 11 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: Wunderlich-Malec ATTN: Neal Wunderlich, President 6101 Blue Circle Drive Eden Prairie, MN 55343 Cc by email to: legal@wmeng.com With copy to: Page 6 of 11 Allen Steffler 4275 Kellway Circle, Suite 164 Addison, Texas 75001 Telephone: (469) 574-2500 Email: allen.steffler�.;wmeng.com C. City's Address. The City's address and numbers for the purposes of notice are: Mary Gonzales City of Lubbock P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: 806-775-3229 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. All information obtained in an audit will be treated as confidential information and shall not be disclosed. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. Page 7 of 11 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. 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. Page 8 of 11 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 party'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. 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 Page 9 of 11 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. R. Mutual Waiver of Consequential Damages. Notwithstanding any other provisions of this Agreement, in no event shall either Party be liable to the other Party for special, indirect, or consequential damages, including but not limited to loss of equipment or facility, loss of opportunity, lost profits, or any other such damage whatsoever. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Rebe ca. Garza, City Secre APPROVED AS TO CONTENT: Aaw 641 -a� Mary Gonz es, Wastewater Treatment Superintendent APPROVED AS TO FORM: Amy Si puty City mew DANIEL M. POPE, MAYOR Page 10 of 11 Wunderlich-Malec Allen Steffler 4275 Keilway Circle, Suite 164 Addison, Texas 75001 Telephone: (469) 574-2500 Email• allen.stetiier ei,\N meng.c(-,ni By: _. Allen Steffler Page 11 of 11 W9`Wunderflch-Malec Exhibit A Allen Steffler Wunderlich-Malec 4275 Kellway Circle, Suite 164 Addison, Texas 75001 June 12, 2020 Mary Gonzales City of Lubbock - Reclamation Plants 3603 Guava Ave Lubbock, TX USA Subject: Proposal 4220048-SF-PROG - Lubbock Plant 3 Division 17 - Programmer Scope Mary: Wunderl ich- Malec (WM) is pleased to submit our proposal for the Division 17 - Programmer scope of work on RFP_20-15325-CM Southeast Water Reclamation Plant - Plant 3 Improvements. We have a long standing relationship with the City of Lubbock, having executed several large capital projects at the SE and NW Water Reclamation facilities since 2004, and currently providing a Support Services contract for the SCADA systems. A. Scope of Work WM's proposed scope of work and pricing is based on the RFP_20-15325-CM Southeast Water Reclamation Plant - Plant 3 Improvements, published on May 12, 2020. This includes the following: • Division 17 (Programmer Scope) of City of Lubbock Specifications for Southeast Water Reclamation Plant - Plant 3 Improvements Project (RFP 20-15325-CM, Project Number: 92444.9242.30000) 12-May-2020 • South East Water Reclamation Plant, Plant 3 Improvements drawing set. Volume 1 of 1, dated August 2019. (Primary sheets 103 thru 128) • NOTE: This proposal does not include Division 17 work designated to be performed by the ICSC. The ICSC role is subcontracted to the GC or EC on the overall project. Per Division 17 the contractor in the role of ICSC has specific project deliverables that must be provided to WM in a timely manner to allow for us to complete our Programmer's scope of work. WM's scope of work covers the Programmer scope as defined in Div-17. The following lists the main items to be provided in this scope: • The Programmer's role will require significant coordination with the ICSC, GC, and Reclamation Plant's Operation team as this is a part of the larger Plant 3 upgrade project. • Edit the programming logic in RTU-12, as the project is phased and some equipment is Page 1 EEO/Affirmative Action Employer Dallas, TX Office: 4275 Kellway Circle, Suite 164 Addison, TX Phone: (469) 574-2500 www.wmenc. com A•i.?ana California Colorado Florida Georgia Illinois Maine Massachusetts M nnesota Missouri New Hampshire New Mexico New York North Carolina Ohio Oregon Tennessee Texas Virom a Wisconsin WoWunderlich-Malec Exhibit A taken off-line. • Coordinate with the ICSC on scheduled delivery of the RTU-12A hardware to WM's Addison, TX shop for programming. • Complete programming of the new RTU-12A controller. • Complete programming on the SCADA system and HMI for the new Plant 3 controls. • Assist with the execution of the FAT for the RTU-12A and SCADA programming. Per specifications the ICSC is required to assist with this testing. The ICSC is responsible to deliver the panels and hardware to site after FAT testing is complete. • Provide as -built software documentation for the PLC/SCADA/HMI programmed programmed as part of this project scope. • Provide to the Owner training on software and hardware provided by WM as part of this project scope. • Assist with site Process Start-up testing performed by the ICSC. WM has accounted for 3 separate trips to site in support of the testing efforts. o Pre -operational and component test o Network Operations Testing o Loop checkout and CEET (Complete End -to -End Testing) o SAT - System Acceptance Test o Operational Testing o Commissioning Testing • Provide programming and project management resources to meet the Programmer's requirements of Div-17 specifications, to include on -call support for the Process Operational Period. B. Schedule and Milestones WME will work with the Plant Operations, General Contractor, and selected ISCS to produce a mutually agreeable schedule upon receipt of PO/Contract. Understanding this will be rolled into the overall GC's schedule for the project as a whole. WM understands this project will be phased as to maintain operation of a portion of the clarifier systems during construction. C. Clarifications • This proposal does not include Division 17 work designated to be performed by the ICSC. The ICSC role is subcontracted to the GC or EC on the overall project. • Per Division 17 the contractor in the role of ICSC has specific project deliverables that must be provided to WM in a timely manner to allow for us to complete our Programmer's scope of work. • The ICSC is responsible to deliver the panels and hardware to the WM's shop for programming and testing. The ICSC will assist in coordination and testing with the WM's Programmer. • The ICSC is responsible for delivery of the panels and hardware from WM's shop to the site after FAT and program testing is complete. Page 2 EEO/Affirmative Action Employer Dallas, TX Office: 4275 Kellway Circle, Suite 164 Addison, TX Phone: (469) 574-2500 www.wmeno.corn Arizona California Colorado Florida Georgia Illinois Maine Massachusetts Minnesota Missouri New Hampshire New Mexico New York North Carolina Ohio Oregon Tennessee Texas Virginia Wisconsin WiDWunderlich-Malec • WM will assist the ICSC in the site systems testing and commissioning. We have accounted for 3 on -site trips for these site testing & commissioning efforts. Additional trips to site due to the ICSC or others not having systems/equipment ready will be considered additional effort and change order will be issued. • The Owner already possesses all the necessary hardware and software called out in Section 17050-1.04 item 4 for WM to complete our programming efforts. WM has not accounted for purchasing any additional software or hardware as part of this proposal. • WM's training is limited to only the software and hardware provided by WM as part of this project scope. • The programming of any instruments, measuring devices, or unit controllers besides RTU-12 and RTU-12A, is by the ICSC or others. • WM has not provided for the supply of any Spare Parts (hardware or software) as part of this proposal. • WM understands this project will be phased as to maintain operation of a portion of the clarifier systems during construction. • This proposal does not include interaction with any third party commissioning agents. WME assumes commissioning will be witnessed/approved by Owner/GC personnel. • This proposal does not include any travel costs for the Owners representatives to a off - site location for FAT or other testing demonstration. • WM will have full access to the site during business hours (7 am to 7 pm Mon -Sat). • This does not include any software licensing outside of that called for in Div-1 7. • WM as the Programmer will perform site work after verification that the facilities and mechanical systems are in place to allow execution of our scope of work. • Any applicable taxes excluded • Any applicable shipping charges excluded - none expected. D. Proposal Price We offer the above scope of work in accordance with the bid schedule here: Line Bid Item 1 PM 2 Programming & Testing 3 Commissioning 4 Expenses Total Description Project Management Programming & Testing (FAT) Onsite Support & Commissioning Expenses Total Price 5,600.00 39,200.00 36,250.00 7,800.00 $ 88,860.00 Page 3 EEO/Affirmative Action Employer Dallas, TX Office: 4275 Kellway Circle, Suite 164 Addison, TX Phone: (469) 574-2500 www.wrneng.com Arizona California Colorado Florida Georgia Illinois Maine Massachusetts Minnesota Missouri New Hampshire New Mexico New York North Carolina Ohio Oregon Tennessee Texas Virginia Wisconsin