Loading...
HomeMy WebLinkAboutResolution - 3580 - Amendment #1 To Agreement - Black & Veatch Of Dallas - SRF Project Services - 03/28/1991DGV:dw RESOLUTION Resolution No. 3580 March 28, 1991 Item #18 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor BE and is hereby authorized and directed to sign for and on behalf of the City of Lubbock a First Amendment to an Agreement for Engineering Services by and between the City of Lubbock and Black & Veatch of Dallas, which First Amendment is attached hereto and 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 28th anttte Boyd, City Sok re A P OVED A T CONT NT: Da Hawkins, Director of Water Uti ities APPROVED AS TO FORM: i; 'n9P; 9A ( 44 A AQ P DWald G. Vandive-' , First Assistant City Attorney day of March , 1991. B. C. McMINN, MAYOR N FIRST AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES THIS FIRST AMENDMENT between after called the Owner), and Black Engineer); Resolution No. 3580 March 28, 1991 Item #18 the City of Lubbock, Texas (herein- & Veatch, (hereinafter called the WITNESSETH: WHEREAS, effective on September 28, 1990, the Owner and Engineer entered into an agreement, hereinafter called the "Original Contract", which provided for design phase services for the improvements to the Owner's Southeast Water Reclamation Plant and related facilities, (hereinafter referred to as the Project); and WHEREAS, construction phase services for the project are desired by the Owner and need to be incorporated into the Original Contract; and WHEREAS, Engineer is prepared to provide the construction phase services for the project. NOW THEREFORE, in consideration of the mutual covenants herein contained, the Owner and Engineer hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this First Amendment shall be March 28, 1991 . ARTICLE 2 - SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Construction Phase Services described in Attachment A, Scope of Services, which is attached hereto and incorporated by reference as part of this First Amendment. ARTICLE 3 - COMPENSATION Owner shall pay Engineer for Construction Phase Services in accordance with Attachment B, Compensation, which is attached hereto and incorporated by reference as part of this First Amendment. ARTICLE 4 - OWNER'S RESPONSIBILITIES Owner shall be responsible for all Construction Phase matters described in Attachment C, Owner's Responsibilities, which is attached hereto and incorporated by reference as part of this First Amendment. ARTICLE 5 - ORIGINAL CONTRACT The remainder of the Original Contract effective on September 28, 1990, remains unchanged. 021491 -1- IN WITNESS WHEREOF, the parties have executed this First Amendment. APPROVED AS TO CONTENT: r 4Da A. Hawkins, P.E. Dir ctor Water Utilities APPROVED AS TO FORM: ion Vandiver First Assistant City Attorney 021491 w1a CITY OF LUBBOCK, TEXAS B.C. McMinn, Mayor Atte Ra ette Boyd Cit Secretary BLACK & VEA, By: ge"JI I �..,� Title: ,Resident Partner Attest �! Title: �o� ���a�►.c/" ATTACHMENT A TO FIRST AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Pipeline to Irrigation Terminal Storage Reservoir, New Plant and Administration/Maintenance and Operations Building, Headworks and Solids Handling Facilities, Discharge Pipeline and Facilities Downstream of Lake Ransom Canyon, Rehabilitation of Plants 2 and 3 and Existing Laboratory Building. A DESCRIPTION OF SCOPE OF SERVICES The scope of services for this municipal wastewater treatment plant construction project is as follows. Work will not proceed until Owner has authorized Engineer in writing to proceed. CONSTRUCTION PHASE: PROJECT ADMINISTRATION, RESIDENT SERVICES DURING CONSTRUCTION, O&M MANUAL, OPERATION INITIATION SERVICES. The following facilities are anticipated to be included in the project and form the basis for establishing the scope of the project and effort for this phase. The facilities shall consist of four (4) separate contracts. DESCRIPTION: Contract 1. Pipeline to Irrigation Terminal Storage Reservoir Contract 2. New Advanced Wastewater Treatment Plant and Administration/Maintenance and Operations Building Contract 3. Section A. Headworks and Solids Handling Facilities Section B. Discharge Pipeline and Facilities Downstream of Lake Ransom Canyon Contract 4. Rehabilitation of Plants 2 and 3, and Existing Laboratory Building SECTION A. PROJECT ADMINISTRATION Engineer will perform project administration services during the construction phase of the project. By performing these services, Engineer shall not have authority or responsibility to supervise, 031291 A-1 direct, or control Contractor's work or Contractor's means, methods, techniques, sequences, or procedures of construction. Engineer shall not have authority or responsibility for safety precautions and programs incident to Contractor's work or for any failure of Contractor to comply with laws, regulations, rules, ordinances, codes, or orders applicable to Contractor furnishing and performing the work. Specific services to be performed by Engineer are as follows: 1. Prepare and distribute conforming copies of the construction contract documents. These services will include review of Contractor's bonds and Contractor executed construction contract documents to determine that their contents comply with the requirements of the specifications, furnishing the Contractor unsigned construction contract documents, and transmitting the construction contract documents to Owner for signature and distribution. 2. Review Contractor's insurance certificates and forward the certificates to Owner for acceptance by Owner's legal counsel. Engineer's review of the insurance certificates for content is only for the purpose of determining if the Contractor maintains the general types and amounts of insurance required by the specifications, and is not a legal review to determine if Contractor's insurance coverage complies with all applicable requirements. 3. Distribute one reproducible set of the construction contract drawings and specifications to the successful bidders. 4. At a date and time selected by the Owner and at a facility provided by the Owner, conduct a preconstruction conference for each contract. Engineer shall prepare an agenda for the conference, and prepare and distribute minutes. The preconstruction conference shall include a discussion of Contractor's tentative schedules, procedures for transmittal and review of Contractor's submittals, processing payment applications, critical work sequencing, change orders, record documents, and Contractor's responsibilities for safety and first aid. 5. Review and comment on the Contractor's initial and updated construction schedule and advise Owner as to acceptability. 6. Analyze Contractor's construction schedule, activity sequence, and construction procedures as applicable to Owner's ability to keep existing facilities in operation. Advise Owner and Contractor of items needing further review and consideration. 031291 A-2 7. Review the Contractor's initial and updated schedule of estimated monthly payments and advise Owner as to acceptability within 10 days following receipt in Engineer's office. 8. Make periodic visits to the construction site to observe progress of the work, and consult with the Owner and Contractor concerning problems and progress of the work. A total of 6 visits are anticipated for Contract 1, 34 visits for Contracts 2 and 3, and 22 visits for Contract 4. 9. Review drawings and other data submitted by Contractor as required by the construction contract documents. Engineer's review shall be for general conformity to the construction contract drawings and specifications for the project and shall not relieve the Contractor of any of his contractual responsibilities. Such reviews shall not extend to means, methods, techniques, sequences, or procedures of construc- tion, or to safety precautions and programs incident thereto. A total of 30 submittals and resubmittals are anticipated for Contract 1, 510 for Contracts 2 and 3, and 200 for Contract 4. 10. Receive and review guarantees, bonds and certificates of inspection, and tests and approvals to determine that their content complies with the requirements of construction contract documents, and which are to be assembled by the Contractor in accordance with the construction contract documents and transmit them to Owner. 11. Interpret construction contract drawings when requested by the Owner or Contractor and issue written interpretations to the Owner and Contractor. If authorized by the Contractor, Engineer may interpret construction contract drawings and specifications upon request by subcontractors and suppliers. Review proposals for field changes prepared by Contractor and issue written review comments to the Owner and Contractor. 12. Review and process Contractor's monthly payment requests, and forward to the Owner if appropriate. Engineer's review shall be for the purpose of making a full independent mathematical check of Contractor's payment request. If Engineer provides Resident Project Representative, Engineer is responsible for verifying the quantities of work which are the basis of the payment requests. A total of 7 estimates are anticipated for Contract 1, 58 for Contracts 2 and 3, and 24 for Contract 4. 13. Provide documentation and administer the processing of change orders, including applications for extension of construction time. Evaluate the cost and scheduling aspects of all change 031291 A-3 orders and, where necessary and with approval of Owner, negotiate with the Contractor to obtain a fair price for the work. Said negotiation shall be subject to the approval of the Owner. A total of 14 change order requests or claims are anticipated for Contract 1, 48 for Contracts 2 and 3, and 48 for Contract 4. 14. Upon completion of the project, revise the construction contract drawings to conform to the construction records. Submit one copy of the mylars to Owner within 60 days following Engineer's receipt of Record Drawings from the Contractor and Resident Project Representative. 15. Act as initial arbiter on all claims of Owner and Contractor relating to the acceptability of the work or the interpretation of the requirements of the construction contract documents pertaining to the execution and progress of the work. 16. Analyze data from performance testing of equipment by Contractor or supplier when the construction contract documents require the equipment to be tested after installation. Submit conclusions to Owner within 21 days after completion of the test and receipt of all test data. 17. Upon substantial completion of each construction contract, inspect the construction work and prepare a listing of those items to be completed or corrected before final completion of the project. Submit results of the inspection to Owner and Contractor. 18. Upon completion or correction of the items of work on the punch list, conduct a final inspection to determine if the work is completed. Provide written recommendations concerning final payment to Owner, including a list of items, if any, to be completed prior to the making of such payment. 19. Provide assistance to Owner, as requested, in completing State Revolving Fund (SRF) forms for partial payment requests and the final payment request. 20. 21. 22. Provide assistance to Owner as requested for final certification of the project to the TWDB. Advise Owner of defective or neglected work by the Contractor. Advise Owner of Contractor's or other's filing of unreason- able or an extensive number of claims. 031291 A-4 SECTION B. RESIDENT SERVICES DURING CONSTRUCTION Engineer will furnish a full-time Resident Project Representative and such assistant Resident Project Representatives as may be required on the work. The Engineer will submit the qualifications of the Resident Project Representative and the Assistant Resident Project Representa- tives to the Owner for review and approval prior to the startup of their services on the project. The following resident services are anticipated for this project: Resident Project Representative July 1992 -April 1995 Assistant Resident Project Representative November 1991 -April 1992 Assistant Resident Project Representative July 1993 -June 1994 The Resident Project Representative and assistants will observe the Contractor's work and perform the services listed below. The Resident Project Representative shall not have responsibility for the superin- tendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of the Engineer. This service will in no way relieve the Contractor of complete supervision of the work or the Contractor's obli- gation for complete compliance with the drawings and specifications. The Contractor shall have sole responsibility for safety and for maintaining safe practices and avoiding unsafe practices or conditions. Specific services performed by the Resident Project Representative and assistants are as follows: A. Site Observations and Liaison with Owner and Contractor(s) 1. Conduct onsite observations of the general progress of the work to assist Engineer in determining if the work is proceeding in accordance with the construction contract documents. 2. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent, and assist Engineer in providing interpretation of the construction contract documents. Transmit Engineer's clarifications and interpretations of the construction contract documents to Contractor. 3. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's onsite operation. 4. As requested by Engineer, assist in obtaining from Owner additional details or information regarding plant operations and facilities when required at the jobsite for proper execution of the work. 031291 A-5 5. Consult with the Owner and the Contractor and prepare written documentation of the consultations to the Engineer, Owner, and Contractor, giving opinions and suggestions based on his (Resident Project Representative's) observations regarding defects or deficiencies in the Contractor's work and relating to compliance with drawings, specifications, and design concepts. 6. Advise Engineer and Contractor or its superintendent immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been accepted by Engineer. 7. Monitor changes of apparent integrity of the site (such as differing site conditions, existing structures, and site - related utilities when such utilities are exposed) resulting from construction -related activities. 8. Observe pertinent site conditions when Contractor maintains that differing site conditions have been encountered and document actual site conditions. 9. Review and prepare written comments on Contractors' construc- tion sequence for all construction work undertaken simultaneously. 10. Contact utilities in the general construction area and advise them of Contractor's schedule. Assist in coordinating scheduling of utility activities as so to minimize conflicts with Owner's activities. 11. Furnish Contractor information on the necessary base lines and control points which will be used as datum for the work. Actual construction staking will be done by the Contractor. 12. Visually inspect materials, equipment, and supplies delivered to the worksite. Reject materials, equipment, and supplies which do not conform to the construction contract documents. 13. Coordinate onsite materials testing services during construc- tion. Copies of testing results with appropriate Resident Project Representative's comments will be forwarded to Owner for review and information. 14. Observe field tests of equipment, structures and piping, and review the resulting reports, commenting to Owner as appropriate. B. Outside Liaison Services 031291 A-6 1. Accompany visiting inspectors representing public or other agencies having jurisdiction over the project. Record the results of these inspections and report to Engineer. C. Meetings, Reports, and Document Review and Maintenance 1. Attend the preconstruction conference, and assist Engineer in explaining administrative procedures which will be followed during construction. 2. Prepare for and attend monthly progress meetings, and other meetings when deemed necessary, with the Owner and Contractor to review and discuss construction procedures and progress scheduling, engineering management procedures, and other matters concerning the project. 3. Submit to the Owner weekly construction progress reports containing a summary of the Contractor's progress, general conditions of the work, problems, and resolutions or proposed resolutions of problems. 4. Review the progress schedule, schedule of shop drawings submissions, and schedule of values prepared by Contractor and consult with Engineer concerning their acceptability. 5. Report to Engineer, with a copy of the report to the Owner, whenever work is known to be defective, or does not meet the requirements of any inspections, tests or approval required to be made, or has been damaged prior to final payment, and advise Engineer when the work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or approval. 6. Review applications for payment with Contractor for compliance with the established procedure for their submission and forward them 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 into the work. 7. Record date of receipt of shop drawings and samples. Receive samples which are furnished at the site by Contractor, and notify Engineer of their availability for examination. 8. During course of the work, verify 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 the Engineer for his review and forwarding to Owner prior to final acceptance of the work. 031291 A-7 9. Maintain a marked set of record drawings and specifications at the jobsite based on data provided by the Contractor. This information will be combined with information maintained by the Contractor and a master set of record documents submitted by the Resident Project Representative to the Engineer. 10. Review certificates of inspections, testings, and related approvals submitted by the Contractor in compliance with or required by laws, rules, regulations, ordinances, codes, orders, or the Contract Documents (but only to determine that their content complies with the requirements of, and results certified indicate compliance with, the construction contract documents). This service is limited to a review of items submitted by the Contractor and does not extend to a determination of whether the Contractor has complied with all legal requirements. 11. Maintain the following documents at the jobsite. a. Correspondence files. b. Reports of job conferences, meetings, and discussions among the Engineer, Owner, and Contractor. C. Shop drawings and samples submissions. d. Reproductions of original construction contract documents. e. Addenda. f. Change orders. g. Field orders. h. Additional drawings issued subsequent to execution of the construction contract documents. i. Engineer's clarifications and interpretations of the construction contract documents. j. Progress reports. k. Names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. 12. Maintain a daily diary or log book of events occurring at the jobsite, including the following information: 031291 A-8 a. Contractor's hours on the jobsite. b. Contractor and subcontractor personnel on jobsite. C. Construction equipment on jobsite and hours of use. d. Observed delays and causes. e. Weather conditions. f. Data relative to questions of extras or deductions. g. List of visitors. h. Daily activities. i. Decisions. j. Observations connected with the progress of the work. k. Materials received on jobsite. The diary or log book shall remain the property of the Engineer. D. Assistance in Certification of Substantial Completion 1. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. 2. Assist Engineer in conducting final inspection in the companies of Owner and Contractor, and prepare a final list of items to be completed or corrected. 3. Verify that all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance. SECTION C. OPERATIONS AND MAINTENANCE MANUAL AND PLAN OF OPERATION A. Operations and Maintenance Manual The Engineer will prepare an operation and maintenance manual for the Southeast Water Reclamation Plant Improvements and Expansion. Specific services to be performed by the Engineer will be to prepare the manual in the format as follows. 031291 A-9 1. Prepare a draft of Part I which will include a description of the facilities and recommendations for operation. The following topics should be included: a. Introduction. Brief statement of manual purpose; operator and management responsibilities; treatment requirements; design flows and population/description of unit processes; and flow path. b. Permits and Standards. Summary of permits and standards which must be met including permit requirements, spill reporting procedures, water quality standards state, and municipal sewer use ordinance. C. Description and Operation of Treatment Facilities. Discussion of each unit treatment process for the liquid portion of the facilities. d. Description and Operation of Sludge Facilities. Discussion of each unit treatment process for the solids handling portion of the facilities. e. Description and Operation of Auxiliary Facilities. Discussion of nontreatment systems including HVAC, chemical feed systems, instrument and process compressed air systems, flow measurement devices, and water seal systems. f. Personnel. Description and enumeration of plant staffing requirements based on published national averages; summary of operator certification; and job descriptions (if available from the Owner). g. Laboratory Controls. General discussion of purpose and definitions; references; listing of sampling frequency and location of sampling points; tests to be performed on each sample; laboratory worksheet; individual laboratory tests, expected results, and significance of test results are discussed with respective unit processes. h. Records. Description of records and reports which should be maintained. i. Emergency Operation and Response Program. General discussion of appropriate responses to various emergency situations. j. Safety. A discussion of WPCF Manual of Practice No. 1. 031291 A-10 k. Utilities. Brief description of utilities including the addresses and telephone numbers of the utilities. 1. Electrical System. Detailed description of the electrical system from the main substation to the individual motor control centers. M. Appendices. 2. Prepare a draft of Part II which will include discussion of the general requirements for maintenance of the facilities including general maintenance program, structures, plant grounds, routine equipment maintenance, pumps and air compressors, conveying systems, drive equipment, piping and valves, electrical equipment, instrumentation, and HVAC. 3. Prepare a compilation of Part III which will include a collection of the operation and maintenance manuals supplied by the manufacturers of the equipment. The manuals will be reviewed by the Engineer to determine that complete manuals are provided with listings of equipment parts and spare parts inventory. 4. Furnish two copies each of volume(s) prepared under the above to the Owner for review and comments. 5. Revise the manual volumes as required and submit 5 copies to the Owner for his reference. SECTION D. OPERATION INITIATION, PERSONNEL TRAINING, AND OPERATION CERTIFICATION SERVICES A. Operation Initiation, Personnel Training and Certification 1. Provide manpower planning including consultation on staffing and staff training consultation prior to the completion of construction, including (1) analysis of manpower needs (total number of personnel and the number of people for each job category or skill) of the facility, (2) determination of manpower training needs, and (3) preparation of job descrip- tions and employee qualification requirements. 2. Develop and conduct 2 weeks of pre -startup training for plant supervisors, operators, maintenance personnel, and laboratory personnel. It is anticipated that training will be conducted during separate week-long training periods with each period involving a total of 40 hours of classroom sessions. During the (week-long) periods of classroom training, the instruction will include "hands on" onsite training sessions 031291 A-11 for plant personnel through individual counseling and group meetings. A separate one week-long training period is anticipated for Contract 2 and Contract 3, and a separate one week-long period for Contract 4. 3. Provide 18 mandays of onsite operational consultation including a total of 12 trips to the site to serve as a basis for the certification reports for permit and TWDB require- ments, and to consult on means of optimizing biological, chemical, and other process controls. Establish detailed operating procedures for individual unit processes and overall plant operation. 4. Consult with Owner personnel concerning a scheduled maintenance program. Develop and submit to Owner a general preventive and scheduled maintenance program. Advise Owner's personnel as to the requirements for a spare parts inventory, a spare parts inventory record system, and a maintenance record system. Provide 16 manhours of office time for this service. 5. Consult with Owner personnel concerning the establishment of an operating records management system including (1) unit process records forms, (2) overall plant records forms, and (3) a system for managing and utilizing the data obtained. Provide 16 manhours of office time for this service. 6. Provide 40 manhours of office time to consult with Owner about operational issues. Assist the Owner to correct minor design deficiencies. 7. Compare information in the O&M manual with actual operating experience during the startup period and revise the manual to correspond with operating experience. Furnish five (5) copies of the revised pages of the 0&M manuals to the Owner. B. Certification 1. Provide monthly reports to the Owner during the startup period. The reports will address (1) status of plant operations and the startup services program, and (2) recommended changes in plant operation and maintenance. 2. At the end of one year's operation of the facilities, submit a report to the Owner certifying either that the plant complies with its permit and TWDB requirements, or stating the reasons for non-compliance. If the plant is in noncompliance, the report shall also present recommendations for placing the plant in compliance. 031291 A-12 SECTION E. SUPPLEMENTAL SERVICES A. Any work requested by the Owner that is not included in one of the items listed in any other phase will be classified as supplemental services. B. Supplemental services shall include, but are not limited to: 1. Additional meetings with local, State, or Federal agencies to discuss the project. 2. Appearances at public hearings or before special boards. 3. Supplemental engineering work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this agreement. 4. Special consultants or independent professional associates requested or authorized by the Owner. 5. Additions to an operation and maintenance manual to update or revise original recommendations, other than those revisions described in Sections C and D above. 6. Provision, through a subcontractor, of land and property surveys and property descriptions, including legal property description, as required by the project. 7. Provision, through a subcontract, of the services of a land surveyor to set horizontal and vertical controls at the site in addition to those required in Section B, Item A-11; and to locate existing street, road, highways, and utility rights- of-way and critical property corners along the pipeline alignment and at the site; and to provide additional records on rights-of-way and property information as required. 8. Provision, through a subcontract, of the services of a title company to prepare title reports on each parcel of property on which easements or rights-of-way are required or which is to be purchased. 9. Provision, through a subcontract, of the services of a land surveyor to prepare legal descriptions for the Owner's use in acquiring required property, rights-of-way, and easements. 10. Provision, through a subcontract, of a qualified appraiser to appraise the property, rights-of-way, and easements to be acquired, and to meet and negotiate with the property owners involved. 031291 A-13 11. Providing engineering assistance to the Owner in negotiation meetings and condemnation proceedings involving land acquisition. 12. Provision, through a subcontract, of the necessary surveying to re-establish streets to preconstruction grade and referencing and re-establishing land surveying movements. In easement or right-of-way areas, marking the easement or right-of-way limits. 13. Provision, through a subcontract, of aerial photography as requested or approved by the Owner. 14. Provision, through a subcontract, of photographs or video tapes of the construction site, topographic and infra- structure features along pipelines or access roads prior to and/or following completion of construction. 15. Provision, through a subcontract, of laboratory and field testing required during construction and any special reports or studies on materials and equipment requested by the Owner. 16. Observation of factory tests and/or field retesting of equipment that fails to pass the initial test. 17. Provision of support services in connection with any public relations activity for the project. 18. Assisting the Owner in complying with the requirements of 4C CFR Part 35, Paragraphs 35.2218(c) through 35.2218(e) as published in the Federal Register, Vol. 49, No. 34 - Friday, February 17, 1984. 19. Visits to the construction site or to the Owner's location in addition to the number of such trips and the number of manhours in connection with them set out in other parts of the contract scope. 20. Review of drawings and data submitted by Contractor in addition to the number of submittals and resubmittals set out in other parts of the Contract scope. 21. Review and processing of Contractor's monthly payment requests in addition to the number of estimates set out in other parts of the Contract scope. 22. Review and processing of change order requests or claims in addition to the number set out in other parts of the Contract scope. 031291 A-14 23. Receiving wage rate information submitted by the Contractor and submitting the wage rate information to the Owner. 24. Preparation of a master construction schedule from individual schedules submitted by construction contractors, and coordination and resolution of conflicts among contractors schedules. 25. Assistance in the closing of any financial or related transaction for the project. 26. Special reports as requested by the Owner concerning facilities operation and personnel matters during the operation initiation period. 27. Where field conditions are encountered which differ from the conditions shown on the construction contract documents or soil borings, or as otherwise required, preparation of sketches of construction work for approval by the Owner, to supplement the drawings and specifications as may be required; and provision of redesign or relocation information if requested by underground obstruction, utilities, or other conditions. 28. Services in making revisions to drawings and specifications occasioned by the Owner's acceptance of substitutions proposed by Contractor; and services after the award of each contract in evaluating and determining the acceptability of substitutions proposed by the Contractor. 29. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of material, equipment, or energy shortages. 30. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work of any Contractor, (3) acceleration of the process schedule involving service beyond normal working hours, (4) default by any Contractor, and (5) failure of the Contractor to complete the work within the construction contract time. 31. Special services in connection with any partial utilization of any part of the project by Owner prior to Substantial Completion which require the Resident Project Representative to work additional hours or require additional onsite personnel. 031291 A-15 32. Evaluation of unusually complex claims or an unreasonable or extensive number of claims submitted by Contractor or others in connection with the work. 33. Changes in the general scope, extent, or character of the project or its design, including but not limited to changes in size, complexity, Owner's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents, or construction contract documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies/reports/documents designs or due to any other causes beyond the Engineer's control. 031291 A-16 ATTACHMENT B TO FIRST AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Pipeline to Irrigation Terminal Storage Reservoir, New Plant and Administration/Maintenance and Operations Building, Headworks and Solids Handling Facilities, Discharge Pipeline and Facilities Downstream of Lake Ransom Canyon, Rehabilitation of Plants 2 and 3 and Existing Laboratory Building COMPENSATION For the construction phase services covered by this amendment, the Owner agrees to pay the Engineer as follows: A. For project administration services for the Project, an hourly billing fee for Engineer's personnel services. The fee schedule for the Engineer's personnel services are specified in the schedule at the end of this Attachment B. Subcontract personnel services shall be reimbursable expenses and are to be billed at cost. The maximum billed for these Engineer's personnel services shall not exceed $1,691,000 without further written authorization. In addition, Engineer's and subcontractor's reimbursable expenses shall be billed at cost. Billings for reimbursable expenses are estimated to be $109,000. The scope of project administration services on this project is dependent on the construction contractors' progress and completion of the work. If any of the construction contracts extend beyond the following time frames from Notice to Proceed until Substantial Completion, the maximum billing limit shall be adjusted accordingly with Owner's prior written authorization: Contract 1 6 months Contract 2 24 months Contract 3 24 months Contract 4 22 months B. For resident services during construction, an amount equal to the Engineer's payroll costs times 1.53 plus subcontract billings at cost. The maximum to be billed for these Engineer's personnel services shall not exceed $470,600 without further authorization. If more than 6 man -months for 031291 an Assistant Resident are required on Contract 1, or, if more than 34 man -months for the Resident and 12 man -months for an Assistant Resident are required on Contracts 2, 3, and 4, the maximum billing limit shall be adjusted accordingly, with prior written authorization from Owner. The maximum billing limit is based on the following estimated monthly salary costs at the start of their work on the project: Assistant on Contract 1 $3,500 Resident on Contracts 2, 3, and 4 ; $4,350 Assistant on Contracts 2, 3, and 4 $3,800 When the actual personnel for the project are determined, the maximum billing limit shall be adjusted according to their salary costs. It is understood that once resident services start on the project, they shall be continuous. In addition, Engineer's and subcontractor's reimbursable expenses shall be billed at cost. Billings for reimbursable expenses are estimated to be $29,400. C. For preparation of an operation and maintenance manual, operation initiation, personnel training, and operation certification services, an hourly billing fee for Engineer's personnel as listed in the attached schedule, plus reimbursable expenses at cost. The maximum billed for these Engineer's personnel services shall not exceed $186,100 without further authorization. Billings for reimbursable expenses are estimated to be $13,900. D. For supplemental services, an hourly fee for Engineer's personnel as listed in the attached schedule plus reimbursable expenses and subcontract billing at cost to Engineer. Each item of supplemental services shall be established before the work is started. The amount billed for each item of supplemental services shall not exceed the amount established for it without further authorization. Additional amounts for supplemental services may be authorized, if necessary, as the work progresses. E. Hourly fees listed herein for Engineer's personnel services will apply until December 31, 1991, and shall be changed annually on January 1st for the upcoming twelve (12) month period. F. The following expenses are reimbursable: 1. Travel, subsistence, and incidental costs. 031291 2. Use of motor vehicles on a monthly rental basis for assigned vehicles and on a current mileage basis or rental cost basis for vehicles used for short periods. 3. Telegraph costs, long distance telephone costs and project "onsite" telephone costs. 4. Moving costs to project for full-time onsite personnel. 5. Reproduction of reports, drawings, and specifications. 6. Postage and shipping charges for project -related materials. 7. Computer time charges including program use charges. 8. Rental charges for use of equipment, including equipment owned by the Engineer. 9. Cost of acquiring any other materials or services specifically for and applicable to only this project. G. The Engineer agrees to use its best efforts to perform the services as defined in Attachment A within the billing limits stated above. H. Billing period payments (every 4 weeks) shall be made to the Engineer by the Owner based on the Engineer's statement. The statement shall be itemized to indicate the amount of work performed and the associated reimbursable expenses and subcontract costs. I. The uncontested amount of each statement shall be due and payable upon receipt by the Owner. Carrying charges of 1-1/2 percent per month from the billing date, shall be due for accounts which are not paid within 60 days after the billing date. J. It is understood and agreed that the maximum billings of each of the above items are based on the start of the services being authorized not later than the dates given below. If start of services is not authorized by dates given, it is understood and agreed that the billing limits will be adjusted accordingly by a supplement to this Amendment. The authorization dates are as follows: 031291 EN Item Construction Phase Services Contract 1 Contract 2 Contract 3 Contract 4 Item • Resident Services Contract 1 Contract 2 Contract 3 Contract 4 Date August 1, 1991 March 1, 1992 March 1, 1992 March 1, 1993 Date November 1, 1991 July 1, 1992 July 1, 1992 July 1, 1993 • Operation and Maintenance Manual Services June 1, 1992 • Operation Initiation, Personnel Training, and Operation Certification Services July 1, 1993 K. In the case of resident services, if the Owner requests or directs that resident personnel be removed from the site due to Owner's suspension or termination of the Project, the Owner will pay the Engineer for the costs of moving the personnel from the site and the costs of moving the personnel back to site when the project is resumed. These payments shall be in addition to the original contract billing limits. L. It is understood and agreed that the Engineer shall start the performance of the services listed below within ten days of receipt of notice to proceed. M. It is understood and agreed that the Engineer shall keep records on the basis of generally accepted accounting practice of costs and expenses and which records shall be available to inspection at reasonable times. 031291 ATTACHMENT C TO FIRST AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Pipeline to Irrigation Terminal Storage Reservoir, New Plant and Administration/Maintenance and Operations Building, Headworks and Solids Handling Facilities, Discharge Pipeline and Facilities Downstream of Lake Ransom Canyon, Rehabilitation of Plants 2 and 3 and Existing Laboratory Building OWNER'S RESPONSIBILITIES The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items: 1. All maps, drawings, reports, records, audits, annual reports, and other data that are available in the files of the Owner and which may be useful in the work involved under this contract. 2. Access to public property when required in performance of the Engineer's services. 3. Property, boundary, easement, right-of-way, topographic, and utility surveys and property descriptions. 4. Hall or auditorium space for preconstruction conferences and the audio equipment and projection equipment required for such conferences. 5. Shop, mill, or laboratory inspection of materials, laboratory and field testing, field sampling services. 031291 C-1 ` ATE 0�,, P.O. Box 13231 Capitol Station • 1700 N. Congress Avenue • Austin, Texas 78711-3231 Telephone (512) 463-7847 • Telefax (512) 475-2053 ® Printed on Recycled Paper EJ �1 A RESOLUTION OF THE TEXAS WATER DEVELOPMENT BOARD APPROVING AN APPLICATION FOR FINANCIAL ASSISTANCE THROUGH THE PURCHASE OF $50,600,000 CITY OF LUBBOCK, TEXAS, COMBINATION TAX AND SEWER SYSTEM SUBORDINATE LIEN REVENUE CERTIFICATES OF OBLIGATION, SERIES 1991, SERIES 1992 AND SERIES 1993 (91-27) WHEREAS, the City of Lubbock, Texas (the "City") has made application for financial assistance in the amount of $50,600,000 from the State Water Pollution Control Revolving Fund (the "SRF") to finance three projects; and WHEREAS, Project A consists of the replacement of an effluent pipeline, Project B consists of the construction of an administration and maintenance building, a sludge plant with associated dechlorination%r=eae2ation facilities, headworks facilities, rehabilitation of an anaerobic digester, a solids handling facility and an effluent discharge pipeline, and Project C consists of the renovation and upgrading of two existing wastewater treatment plants and the conversion of the existing administration building into a laboratory; and WHEREAS, the City seeks financial assistance through the Board's purchase of $1,655,000 City of Lubbock, Texas, Combination Tax and Sewer System Subordinate Lien Revenue Certificates of Obligation, Series 1991, $39,125,000 City of Lubbock, Texas, Combination Tax and Sewer System Subordinate Lien Revenue Certificates of Obligation, Series 1992, and $9,820,000 City of Lubbock, Texas, Combination Tax and Sewer System Subordinate Lien Revenue Certificates of Obligation, Series 1993, totalling $50,600,000 in financial assistance; and WHEREAS, $21,840,000 of the total funds necessary for all three projects became eligible for SRF financial assistance during the funding cycle for F' 1990 and the remaining $28,760,000 will be provided through the SRF with funds made available through the FY 1991 SRF program year; and WHEREAS, the Board has n:ot. yet reeiveda grant from the Federal government for the SRF FY 1991 Program year; and WHEREAS, the Texas Water Development Board hereby finds: 1. that in its opinion the revenue pledged by the City will be sufficient to meet all the obligations assumed by the political subdivision; 2. that the application and assistance applied for meet the requirements of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et. seq.) and state law; and 3. that the applicant has considered cost-effective innovative methods of treatment. NOW THEREFORE, based on said considerations and findings, the Texas Water Development Board resolves as follows: A commitment is made by the Texas Water Development Board to the City of Lubbock, Texas for financial assistance in the amount of $50,600,000 from the State Water Pollution Control Revolving Fund to be evidenced by the Board's purchase of $1,655,000 City of Lubbock, Texas, Combination Tax and Sewer System Subordinate Lien Revenue Certificates of Obligation, Series 1991, $39,125,000 City of Lubbock, Texas, Combination Tax and Sewer System Subordinate Lien Revenue Certificates of Obligation, Series 1992, and $9,820,000 City of Lubbock, Texas, Combination Tax and Sewer System Subordinate Lien Revenue Certificates of Obligation, Series 1993. The purchase of $28,760,000 of the total funds necessary for the Project is contingent on the receipt of Federal grant funds by the Board for the FY 1991 SRF Program year. The lending rate of said funds shall be determined in the future by the Board. The commitment for Project A (Series 1991) will expire on January 20, 1992. The commitment for Project B (Series 1992) will expire on October 19, 1992. The commitment for Project C (Series 1993) will expire on October 22, 1993. Such commitment is conditioned as follows: 1. that the bond counsel opinion must include an opinion that the interest on the certificates is excludable from gross income or is exempt from Federal income taxation. Bond counsel may rely on covenants and representations of the issuer in rendering this opinion; 2. that bond counsel opinion must include an opinion that the certificates are not "private activity bonds." Bond counsel may rely on covenants and representations of the issuer on rendering this opinion; 3. that the ordinance authorizing the issuance of the certificates must include that the proceeds of the certificates and the facilities financed with the proceeds of the certificates will not be used in a manner that would cause the certificates to be "private activity bonds"; 4. that the ordinance authorizing the issuance of the certificates must include that the issuer will comply with the provisions of Section 148 of the Internal Revenue Code of 1986 (relating to arbitrage); :/ 5. that the ordinance authorizing the issuance of the certificates must include that the issuer will make any required rebate to the United States of arbitrage earnings; 6. that the ordinance authorizing the issuance of the certificates must include that the issuer will take no action which would cause the interest on the certificates to be includable in gross income for Federal income tax purposes; 7. that the transcript must include a No Arbitrage Certificate or similar certificate setting forth the issuer's reasonable expectations regarding the -use, expenditure and investment of the proceeds of the certificates; 8. that the transcript must include evidence that the information reporting requirements of Section 149(e) of the Internal Revenue Code of 1986 will be satisfied. This requirement is currently satisfied by filing IRS Form 8038 with the Internal Revenue Service. A completed copy of IRS Form 8038 must be provided to the Development Fund Manager prior to release of funds; 9. that the City will not cause or permit the certificates to be treated as "Federally Guaranteed" certificates within the meaning of section 149(b) of the Code; 10. that the Board retains the option to purchase the certificates on an installment basis, with delivery of the purchase price for each installment to be paid against delivery of the relevant installment of obligations as approved by the Executive Administrator of the Board; 11. that this commitment is contingent on a future sale of bonds or the availability of funds on hand, the proceeds of which are made available to the State Water Pollution Control Revolving Fund by the Board; and 12. that the lending rate for the certificates will be determined in the future by the Board. PROVIDED, HOWEVER, the foregoing resolution is subject to the following additional requirements prior to funding of the loan: 1. issuance of a written approving opinion of the Attorney General of the State of Texas stating that all of the requirements of the laws under which said bonds were issued have been complied with; that said bonds were issued in conformity with the Constitution and laws of the State of Texas; and that said bonds are valid and binding certificates of the issuer; and 2. compliance with all applicable requirements contained in the Rules. Regulations, and Policies of the Texas Water Development Board. APPROVED and ordered of record this the 18th day of April, 1991.