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HomeMy WebLinkAboutResolution - 1668 - Contract - Freese & Nichols Inc - Water Reclamation Plan Process Study - 04/26/1984JWF:js RESOLUTION RESOLUTION 1668 - 4/26/84 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 a Contract to be entered into by and between said City (as owner) and Freese and Nichols, Inc. (as registered Professional Engineers) for professional services in connection with studies and investigations to recommend needed additions to the water reclamation plant of the City of Lubbock to meet required standards for the effluent, attached herewith, which 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 26th ATTEST: Evelyn G fga, City e e ry-Treasurer APPROVED AS TO CONTENT: 99m Wahl, Director of Water Utilities APPROVED AS TO FORM: J. Wort ullingim, Asst. City At orney day of _ April _ , 1984. ALA EN Y, MA 0 APR 2619�A CONTRACT FOR ENGINEERING SERVICES STATE OF TEXAS § COUNTY OF LUBBOCK § RESOLUTION 1668 - 4/26/84 This contract entered into this 26th day of April 1984, by and between the CITY OF LUBBOCK, TEXAS, he after called the Owner, acting by and through its Mayor, duly authorized to act, and FREESE AND NICHOLS, INC., of Fort Worth, Texas, Registered Professional Engineers, hereinafter called the Engineer. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: 1. Em loyment of Engineer: The Owner hereby employees the Engineer and the Engineer agrees to perform all necessary professional services hereinafter set forth in connection with studies and investigations to recommend needed additions to the Water Reclamation Plant to meet required standards for the effluent, as described in the Request for Proposal postmarked January 13, 1984 and made a part of this contract as if fully copied herein in detail in this place. 2. Scope of Services: The Engineer shall render engineering services in accordance w117 the following scope of services presented in Proposal to the City of Lubbock, Water Reclamation Plan Process Study, dated February 17, 1984 and made a part of this contract as if fully copied herein in detail in this place. TASK 1 - REVIEW EXISTING INFORMATION a. Operations Review - The Engineer will review the existing operation of the trickling filter plant (2) and activated sludge plant. Evaluation will be made of the loading rates, operations control strategies, sidestream treatment and the physical condition of the existing facilities. Rehabilitation sequences will be developed for alternative studies and cost estimation. b. Hydraulic Review - The Engineer will review the Hydraulic capacity of the main process piping. C. Data Collection and Analysis - The Engineer will review existing plant data to determine unit process performance under various loading conditions, establish trends in unit process performance, document the loading impact of sidestreams, and identify additional testing requirements. -1- d. Identify Alternatives - This subtask will involve the selection of alternatives for meeting project objectives. Alternatives will be screened in conference with representatives of the owner to eliminate those which obviously are impractical, do not meet reliability requirements, or will not be cost effec- tive when compared to other alternatives proposed. The result of this subtask will be generation of a list of treatment alternatives for analysis in Task 2. e. Identify Constraints - The Engineer will work with the City staff to identify constraints on alternative development. f. Develop Design Criteria - This subtask will identify design criteria for all unit processes included in the alternatives developed in Subtasks a -e. The design criteria will be based on past experience in similar projects, supplemented by a literature review to document others' experiences with similar processes. g. Write and review Technical Memorandum No. 1. h. Present Technical Memorandum No. 1 to Owner. TASK 2 - EVALUATE ALTERNATIVES a Develop Unit Size and Layouts - This subtask will establish sizes and locations of additional facilities required for each of the alternatives identified in 1-d. b. Check Hydraulics - This subtask will examine the hydraulic profile resulting from the layouts generated in Subtask 2-a. C. Preliminary Estimates - This subtask will develop comparative estimates of capital and operating costs. Life -cycle costs will be prepared to allow comparison of costs on a common basis. Sensitivity analyses will be performed to evaluate the impact of increasing energy costs, labor costs, or construction costs. d. Non -monetary Factors - This subtask will evaluate the non - monetary factors which influence the acceptability of each of the alternatives. Items to be evaluated include energy con- sumption, reliability, operational flexibility, operation stability, ease of control, "turn down" potential, adaptability to construction phasing, etc. e. Write and review Technical Memorandum No. 2 f. Present Technical Memorandum No. 2 to the Owner -2- TASK 3 - REFINE LAYOUT AND COSTS a. Refine Layout - In this subtask, the Engineer will review the layout of the alternative selected as a result of Task 2. Additional consideration will be given to site topography,soil conditions, yard piping, unit sizing to improve the layout. b. Refine Costs - In this subtask the relative cost estimate prepared in subtask 2-c will be reviewed and refined to provide a budget -level cost estimate. c. Prepare and Review Draft Report - In this subtask the results of Task 1 and 2 will be combined with the findings of Task 3 and incorporated into a draft project report. d. Present Draft Report to the Owner. e. Revise Draft Report. f. The design report shall clearly define the recommended treat- ment units including basin dimensions and major items of appurtenant equipment. The detail of the report shall be such that it is not necessary to prepare an additional preliminary design report prior to initiating preparation of preliminary plans. It is not intended that this report contain sectional drawings or other detail drawings related to preliminary construction plans for individual treatment units. 3. Time of Performance: The services of the Engineer are to commerce on aut orizat on y the Owner, and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contract; but in any event all of the services required hereunder shall be completed by February 1, 1985. 4. CCoo_mpeen_sation• Payment for services in the Project shall be made to the engineer for a total sum of $73,288. Partial payments for services may be made monthly in proportion to that part of the services in the Project which has been accomplished, as evidenced by monthly statements submitted by the Engineer to the Owner. 5. Owner Responsibilities: The Engineer shall hold conferences with the Owner, or its representatives, in order to obtain full benefit of the Owner's experience and knowledge of existing needs and facilities, and be consistent with its current policies and stand- ards. The Owner shall: a. Provide full information as to his requirements for the Project. -3- b. Assist Engineer by placing at his disposal all available information pertinent to the Project including previous reports and any other data relative to the previous design and con- struction of the Project. C, Guarantee access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform his services. d. Examine all studies, reports, sketches, drawings, proposals and other documents presented by Engineer, obtain advice of an attorney, and other consultants as he deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Engineer. e. Designate in writing a person to act as Owner's representative with respect to the work to be performed under this Agreement. Such person shall have complete authority to transmit instruc- tion, receive information, interpret and define Owner's policies and decisions with respect to elements and systems pertinent to Engineer's services. f. Bear all costs incident to compliance with the requirements of this Section 5. 6. Extra Work: The Owner may request the Engineer to perform work in a�Tc.dit�on to that presented in Paragraph 2., Scope of Services. Compensation for this extra work shall be in accordance with the Schedule of Charges presented as Attachment A. 7. Subcontract: The Engineer shall employ the firm of CH2M HILL as a subcontractor in the execution of the work to be performed under this Agreement. 8. Ownership of Documents: Original documents and reports developed in connection with services performed hereunder belong to, and remain the property of the Engineer. The Engineer shall furnish to the Owner fifteen (15) bound copies of the final report. It is agreed the Owner will use the reports solely in connection with the Project, save with the express consent of the Engineer. 9. Terms and Conditions: This Agreement is subject to and incorporates the provisions attac ed hereto as Attachment B, Terms and Conditions. -4- This contract is executed in two counterparts. IN TESTIMONY HEREOF, they have executed this Agreement, the day and year first above written. ATTEST: CITY OF LUBBOCK UIA By ATTEST: Approved as to form: City Attorney -5- FREESE AND NICHOLS, INC. Engineer By Robert S. Gooch, Vice President Staff Members ATTACHMENT A FREESE AND NICHOLS, INC. Schedule of Charges Special Services Salary Cost Times Multiplier of 2.3 Salary Cost is defined as the cost of salaries of engineers, drafts- men, stenographers, surveymen, clerks, laborers, etc., for time directly chargeable to the project, plus social security contribu- tions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. (Salary Cost is equal to 1.39 times salary payments. This factor is adjusted annually.) Other Direct Expense Actual Cost Times Multiplier of 1.15 Other direct expenses shall include printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expense directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons or agents other than staff members. ATTACHMENT A TABLE OF WAGE RATES Position Principal Engineers Managing Engineers Senior Engineer Engineers Technicians Clerical ATTACHMENT A Page 2 Range (Dol a s/Hour) $26.00 - $28.00 $20.00 - $23.00 $14.50 - $20.00 $11.00 - $14.50 $ 8.00 - $14.00 $ 6.50 - $ 8.50 Note: The above rates represent the customary ranges of Freese and Nichols salary payments, from which the salary costs are derived as outlined on the preceding page. ATTACHMENT A Page 2 ATTACHMENT B TERMS AND CONDITIONS 1. Termination of Contract for Cause. If, through any cause, the Engineer shall ai to fulfill in time y and proper manner his obligations under this contract, or if the Engineer shall violate any of the convenants, agreements, or stipulations of this Contract, the Owner thereupon shall have the right to terminate this Contract by giving written notice to the Engineer of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Engineer under this Contract shall, at the option of the Owner, become its property and the Engineer shall be entitled to receive just and equitable compensation. Notwithstanding the above, the Engineer shall not be relieved of liabi- lity to the Owner for damages sustained by the Owner by virtue of any breach of the Contract by the Engineer, and the Owner may withhold any payments to the Engineer for the purpose of setoff until such time as the exact amount of damages due the Owner form the Engineer is determined. 2. Termination for Convenience of Owner. The Owner may terminate this ontract any time by a notice n wr ting from the Owner to the Engineer. If the Contract is terminated by the Owner as Provided herein, the Engineer will be paid for that part of the services accomplished prior to termination at the rates of compensation in accordance with the schedule of charges included in "attachment A" hereto attached, and the Engineer shall be entitled to receive just and equitable compensation in con- nection therewith. 3. Changes. The Owner may, from time to time, request changes in the scope of the services of the Engineer to be performed hereunder. Such changes, including any increase or decrease in the amount of the Engineer's compensation, which are mutually agreed upon by and between the Owner and the Engineer, shall be incorporated in written amendments to this Contract. 4. Personnel. a. The Engineer represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractural relationship with the Owner. b. All the services required hereunder will be performed by the Engineer or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. -1- C, No person who is serving sentence in a penal or correctional institution shall be employed or work under this Contract. 5. Anti -Kickback Rules. Salaries of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Engineer shall comply with all applicable "Anti -Kickback" regulations and shall insert appropriate provisions in all subcontract covering work under this Contract to insure compliance by subcontractors with such regulations, and shall be respon- sible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. 6. Equal Employment Opportunity. During the performance of this Contract, The i neer agrees as follows: a. The Engineer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Engineer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Engineer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Owner setting forth the provisions of this nondiscrimination clause. b. The Engineer will, in all solicitations or advertisements for employees placed by or on behalf of the Engineer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C* The Engineer will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcon- tracts for standard commercial supplies or raw materials. 7. Compliance with Local Laws. The Engineer shall comply with all appli- cable laws, ordinances, and codes of the State and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this Contract. -2- 8. Subcontracting. None of the services covered by this Contract shall be su contrac a without the prior written consent of the Owner. The Engineer shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Engineer shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Contract. 9. Assignability. The Engineer shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the Owner: Provided, however, that claims for money due or to become due the Engineer from the Owner under this Contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Owner. 10. Interest of Owner. No member of the governing body of the Owner, and no other official, employee, or agent of the Owner who exercises any functions or responsibilities in connection with the carrying out of the Project to which this Contract pertains, shall have any personal inter- est, direct or indirect, in this Contract. 11. Interest of Other Local Public Officials. No member of the governing body of the locality in which the Project Area is situated, and no other public official of such locality, who exercises any functions or respon- sibilities in the review or approval of the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 12. Findings Confidential. All of the reports, information data, etc., prepared or assembled -by the Engineer under this Contract are confiden- tial and the Engineer agrees that they shall not be made available to any individual organization without the prior written approval of the Owner. -3-