HomeMy WebLinkAboutResolution - 2011-R0285 - Contract - Alan Plummer Associates - General Construction Administration - 07/14/2011Resolution No. 2011-RO285
July 14, 2011
Item No. 5.11
RESOLUTION
E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Professional Services Contract
between the City of Lubbock and Alan Plummer Associates, Inc. to provide General
Construction Administration in connection with the North Water Treatment Plant
SCADA Replacement Project, and related documents. Said Contract is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
assed by the City Council this July 14 2011.
TOM MARTIN, MAYOR
TTEST:
City S
APPROVED AS TO CONTENT:
Reed, P.E., Chief OperatiAg Officer
.E., Cfief Water U
AST -0F
Agrmt-Professional Servs-Plummer Assoc.res
Resolution No. 2011-RO285
PROFESSIONAL SERVICES CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
This contract, (the "Contract" or "Agreement"), effective as of the 14thday of
July , 2011 (the "Effective Date"), is by and between the City of Lubbock, (the
"City"), a Texas home rule municipal corporation, and Alan Plummer and Associates,
("ENGINEER") a Texas professional corporation authorized to conduct business in Texas.
WITNESSETH
WHEREAS, the City desires to obtain General Construction Administration services
related to the North Water Treatment Plant SCADA Replacement Project (the "Activities");
and
WHEREAS, ENGINEER has a professional staff experienced and is qualified to
provide professional services related to Activities, and will provide the services, as defined
below, for the price provided herein, said price stipulated by City and Engineer to be a fair
and reasonable price; and
WHEREAS, the City desires to contract with ENGINEER to provide General
Construction Administration 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 Contract, the City and ENGINEER hereby agree as follows:
ARTICLE I. TERM
The term of this Contract commences on the Effective Date and continues without
interruption for a term of 365 days, as set forth in Exhibit "A", attached to and made a part
of this Agreement for all purposes. The term may be extended by subsequent amendments
of this Agreement, with the written and authorized consent of both parties.
ARTICLE II. SERVICES AND COMPENSATION
A. Engineer shall conduct all activities and within such timeframes as set forth on
Exhibit "A", attached hereto (the "Services").
B. ENGINEER shall receive as consideration to be paid for the performance of the
Services set forth in Exhibit "B" hourly not to exceed a total of $68,1.66.00, per Attachment
Exhibit "A"
APAI Construction Administration Agreement Page I of 8
ARTICLE M. TERMINATION
A. General. City may terminate this Contract, for any reason or convenience, upon
thirty (34) days written notice to ENGINEER. In the event this Agreement is so terminated,
the City shall only pay Engineer for services actually performed by Engineer up to the date
Engineer is deemed to have received notice of termination as provided herein.
B. Termination and Remedies. In the event ENGINEER breaches any term and/or
provision of this Contract the City shall be entitled to exercise any right or remedy available
to it by this Contract, at law or equity, including without limitation, termination of this
Contract and assertion of action for damages and/or injunctive relief. The exercise of any
right or remedy shall not preclude the concurrent or subsequent exercise of any other right or
remedy and all other rights and remedies shall be cumulative.
ARTICLE IV. REPRESENTATIONS AND WARRANTIES
A. Existence. 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.
B. Corporate Power. ENGINEER has the corporate power to enter into and perform
this Contract and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Contract and the
activities contemplated hereby have been duly and validly authorized by all the requisite
corporate action on the part of ENGINEER. This Contract constitutes legal, valid, and
binding obligations of the ENGINEER and is enforceable in accordance with the terms
thereof.
D. Engineer. ENGINEER maintains a professional staff and employs, as needed,
other qualified specialists experienced in providing the Services, and are familiar with all
laws, rules, and regulations, both state and federal, including, without limitation the
applicable laws, regarding the activities contemplated hereby.
E. Performance. ENGINEER will and shall conduct all activities contemplated by
this Contract in accordance with the standard of care, skill and diligence normally provided
by a professional person in performance of similar professional engineering services, and
comply with all applicable laws, rules, and regulations, both state and federal, relating to
professional engineering services, as contemplated hereby.
F. Use of Copyrighted Material. ENGINEER warrants that any materials provided by
ENGINEER for use by City pursuant to this Contract 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 or ordinance relating to the use or reproduction of
materials. ENGINEER shall be solely responsible for ensuring that any materials provided
by ENGINEER pursuant to this Contract satisfy this requirement and ENGINEER agrees to
APA1 Construction Administration Agreement Page 2 of 8
indemnify and hold City harmless from all liability or loss caused to City or by to which
City is exposed on account of ENGINEER's failure to perform this duty.
ARTICLE V. SCOPE OF WORK
ENGINEER shall accomplish the following:
General Construction Administration Services related professional engineering
services related to North Water Treatment Plant SCADA Replacement Project, as
defined in Exhibit "A," "Scope of Work".
ARTICLE VI. INDEPENDENT CONTRACTOR STATUS
ENGINEER and City agree that ENGINEER shall perform the duties under this
Contract as an independent contractor and shall be considered as independent contractor
under this Agreement and/or in its activities hereunder for all purposes. 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, Engineer and Engineer's employees
and/or subconsultants, will not be considered, for any purpose, employees or agents of the
City within the meaning or the application of any federal, state or local law or regulation,
including without limitation, laws, rules or regulations regarding or related to unemployment
insurance, old age benefits, workers compensation, labor, personal injury or taxes of any
kind.
ARTICLE VII. INSURANCE
Engineer shall procure and carry, at its sole cost and expense through the life of this
Agreement, insurance protection as hereinafter specified, in form and substance satisfactory
to 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.
Engineer shall obtain and maintain in full force and effect during the term of this
Agreement, and shall cause each approved subcontractor or subconsuitant of 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:
APAI Construction Administration Agreement Page 3 of 8
Commercial General Liability:
Combined Single Limit: $1,000,000
Professional Liability:
Combined Single Limit: $1,000,000
Automobile Liabiii :
Combined Single Limit for any auto: $ 500,000 Per Occurrence
Engineer shall further cause any approved subcontractor or subconsultant to procure
and carry, during the term of this Agreement, Professional Liability coverage, as specified
above for Engineer, protecting City against direct losses caused by the professional
negligence of the approved subcontractor or subconsultant.
The City shall be listed as a primary additional insured with respect to the Automobile
Liability and Commercial General Liability and shall be granted a waiver of subrogation
under those policies. Engineer shall provide a Certificate of Insurance to the City as
evidence of coverage. The Certificate shall provide 30 days notice of cancellation. A copy
of the additional insured endorsement and waiver of subrogation attached to the policy will
be included in the Certificate.
Engineer shall elect to obtain worker's compensation coverage pursuant to Section
406.002 of the Texas Labor Code. Further, 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 of Lubbock.
If at any time during the life of the Agreement or any extension hereof, Engineer
fails to maintain the required insurance in full force and effect, Engineer shall be in breach
hereof and all work under the Agreement shall be discontinued immediately.
ARTICLE VIII. EMPLOYMENT OF AGENTS/RETAINING
OF CONSULTANTS
ENGINEER may employ or retain consultants, contractors, or third parties (any of
which are referred to herein as "Subconsultant"), to perform certain duties of ENGINEER,
as set forth on Exhibit "A" under this Contract, provided that City approves the retaining of
Subconsultants. ENGINEER is at all times responsible to City to perform the Services as
provided in this Agreement and ENGINEER is in no event relieved of any obligation under
this Contract upon retainage of any approved Subconsultant. Any agent and/or
Subconsultant retained and/or employed by ENGINEER shall be required to carry, for the
APAI Construction Administration Agreement Page 4 of 8
protection and benefit of the City and ENGINEER and naming said third parties as
additional insureds, insurance as described above in this Contract.
ARTICLE IX. CONFIDENTIALITY
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.
ARTICLE X. INDEMNITY
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 ENGINEER,
ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE
PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT
AND/OR THE USE OF OCCUPATION OF CITY OWNED PROPERTY, THE
INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE
EXPIRATION OF TERMINATION OF THIS AGREEMENT.
ARTICLE XI. COMPLIANCE WITH APPLICABLE LAWS
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 Contract, and any amendments thereto.
ARTICLE XII. NOTICE
A. General. Whenever notice from ENGINEER to City or City to ENGINEER is
required or permitted by this Contract 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.
APAI Construction Administration Agreement Page 5 of 8
B. ENGINEER's Address. ENGINEER's address and numbers for the purposes of
notice are:
Alan Plummer Associates Inc.
Attn: David Gudal, F.E.
1320 South University Drive, Suite 300
Fort Worth, Texas 76107
Telephone: (817) 806-1700
Facsimile: (817) 870-2536
C. City's Address. The City's address and numbers for the purposes of notice are:
City of Lubbock
Attn: John Turpin, P.E.
P.O. Box 2000
1625 13th Street
Lubbock, Texas 79457
Telephone: (806) 775 — 2342
Facsimile: (806) 775 - 3344
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 Contract, 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 XIII. CITY -PROVIDED DATA
City shall furnish ENGINEER non -confidential studies, reports and other available
data in the possession of the City pertinent to ENGINEER's Services, so long as City is
entitled to rely on such studies, reports and other data for the performance of ENGINEER's
Services under this Contract (the "Provided Data"). ENGINEER shall be entitled to use and
rely, so long as such reliance is reasonable, upon all such Provided Data.
ARTICLE XIV. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Contract are inserted
in this Contract strictly for the parties' convenience in identifying the provisions to this
Contract and shall not be given any effect in construing this Contract.
B. Audit. 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, ENGINEER's
books and records with respect to this Contract between ENGINEER and City.
C. Records. ENGINEER shall maintain records that are necessary to substantiate
the services provided by ENGINEER.
APA[ Construction Administration Agreement Page 6 of 8
D. Assignability. ENGINEER may not assign this Contract without the prior
written approval of the City.
E. Successor and Assigns. This Contract binds and inures to the benefit of the City
and ENGINEER, and in the case of City, its respective successors, legal representatives, and
assigns, and in the case of ENGINEER, its permitted successors and assigns.
F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS. THIS CONTRACT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE
PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE 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 CONTRACT OR
THE ACTIONS THAT ARE CONTEMPLATED HEREBY.
G. Severability. If any provision of this Contract is ever held to be invalid or
ineffective by any court of competent jurisdiction with respect to any person or
circumstances, the remainder of this Contract 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
Contract shall be binding unless such amendment, modification, or alteration is in writing,
dated subsequent to this Contract, and duly authorized and executed by ENGINEER and
City.
I. Entire Agreement. This Contract, including Exhibits "A," "B," and "C" attached
hereto, contains the entire Contract between the City and 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 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 ENGINEER has been compensated as set forth in Article II, above. The
ENGINEER shall make copies of any and all work products for its files.
L. Notice of Waiver. A waiver by either City or ENGINEER of a breach of this
Agreement must be in writing 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.
APAI Construction Administration Agreement Page 7 of 8
M. Third Party Activities. Nothing in this Agreement shall be construed to provide
any rights or benefits whatsoever to any party other than City and ENGINEER.
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
a
Torn Martin, Mayor
ATTEST:
Re6ec,4 Garza, City Secretary
APPROVED AS TO CONTENT:
1j")Marsha Reed, P.E., Chief Operating Officer
I �
•n Turpin, '1
hief Water Utilities Engineet
jAPPROVED.r-y. � � i/l�►'1� r
Assistant City Attorney
ALAN PLUMMIER ASSOCIATES INC.
By:
Name: David Gu , .E.
Title: Principal
APAI Construction Administration Agreement Page 8 of 8
Resolution No. 2011—RO285
ALAN PLUMMER ASSOCIATES, INC.
EXHIBIT A
This Exhibit A is part of the Agreement between Alan Plummer Associates, Inc. (APAI) (the "Engineer")
and the City of Lubbock (the "City") for a Project generally described as:
NORTH WATER TREATMENT PLANT IMPROVEMENTS CONSTRUCTION SERVICES
The ,purpose of this Agreement is as follows:
Construction phase services for the water treatment plant modifications and improvements.
SCOPE OF SERVICES
The Engineer agrees to furnish the City with the following specific services:
BASIC ENGINEERING SERVICES
1. Construction Phase Services:
1.1. The Engineer's responsibility to provide Basic Services for the Construction Phase under
this Agreement commences with the award of the initial Contract for Construction and
terminates at the end of the construction warranty period for each project. Construction
Phase Services are for the projects listed herein. This Agreement may be amended to
incorporate the Construction Phase Services for future projects as needed.
1.2. Construction Phase duties, responsibilities, and limitations of authority of the Engineer
shall not be restricted, modified, or extended without written agreement of the City and
Engineer.
1.3. The Engineer shall be a representative of and shall advise and consult with the City
during construction. The Engineer shall have the authority to act on behalf of the City only
to the extent provided in this Agreement unless otherwise modified by written instrument.
1.4. Engineer's Personnel at Construction Site
1.4.1. The presence and duties of Engineer's personnel at a construction site, whether
as onsite representative or otherwise, do not make Engineer or its personnel in
any way responsible for those duties that belong to the City and/or construction
contractors or other entities, and do not relieve the construction contractors or
any other entity of the their obligations, duties, and responsibilities, including, but
not limited to, all construction methods, means, techniques, sequences, and
procedures necessary for coordinating and completing all portions of the
construction work accordance with the contract documents and any health and/or
safety precautions required by such construction work.
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1.4.2. Engineer and its personnel have no authority to exercise any control over any
construction contractor or other entity or their employees in connection with their
work or any health and/or safety precautions and have no duty for inspecting,
noting, observing, correction, or reporting on health and/or safety deficiencies of
the construction contractors or other persons at the site except Engineer's own
personnel.
1.4.3. The presence of the Engineer's personnel at a construction site is for the
purpose of providing to Engineer and City a greater degree of confidence that the
completed work will conform generally to the contract documents and that the
integrity of the design concept as reflected in the contract documents has been
implemented and preserved. Engineer neither guarantees the performance of
any construction contractor not assumes responsibility for contractor's failure to
perform their work in accordance with the contract documents.
1.5. Internet -Based Construction Management:
1.5.1. This system shall be provided by the General Contractor for each project as
outlined in the construction contract documents for the respective project.
1.5.2.
2. North Water Treatment Plant SCADA Replacement Project General Construction Administration
Services (APAI Project No. 0425 -XXX -06):
2.1. Construction Phase Services
2.1.1. Pre -Construction Conference
2.1.1.1. The Engineer shall conduct a pre -construction conference with the
contractor and the City at the City's facility. At a minimum, the following
items shall be discussed at the pre -construction conference:
2.1.1.1.1. The construction schedules prepared by the contractor.
2.1.1.1.2. Construction phasing.
2.1.1.1.3. Designation of key personnel and their duties.
2.1.1.1.4. Procedures for the construction administration of the
project.
2.1.2. Site Visits:
2.1.2.1. The Engineer shall visit the construction site one (1) time, when construction is
in progress.
2.1.2.2. Additional site visits required beyond those listed will be an additional
service.
2.1.2.3. To the limit of the site visits, the Engineer shall become familiar with the
progress and quality of the work completed and will determine in general
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if the work when completed will be in accordance with the contract
documents.
2.1.2.4. In addition, on the basis of on-site observations as an engineer, the
Engineer shall keep the City informed of the progress and quality of the
work, and shall exercise reasonable care and due diligence in
discovering and promptly reporting to the City any defects or deficiencies
in the work of the contractor or any subcontractor.
2.1.2.5. The City's approval, acceptance, use of, or payments for all or any part
of the Engineer's services hereunder or the project itself shall in no way
alter the Engineer's obligations or the City's rights hereunder.
2.1.3. Construction Progress Meetings:
2.1.3.1. Participate in one (1) monthly construction meeting for the Project.
2.1.3.2. It is anticipated that the construction meeting will be part of the site visit
(on the same day) as described in Paragraph 2.1.2 above.
2.1.3.3. Prepare and distribute meeting agendas and meeting minutes of each
meeting.
2.1.4. Consult and advise with the City during construction and make recommendations
to the City regarding materials and workmanship.
2.1.5. Review samples, catalog data, schedules, shop drawings, and other data
pursuant to the general conditions of the construction contract.
2.1.6. Interpret the intent of the plans and specifications for the City and contractors.
Investigations, analyses, and studies required by the contractor and approved by
the City, for substitutions of equipment and/or materials or deviations from the
plans and specifications will be considered an Additional Service. Note: Such
studies conducted by the Engineer, if determined to be to be inadequate, due to
incompleteness of Engineer prepared plans and specifications will be re -done
without additional compensations. Any defective designs, plans, or specifications
furnished by the Engineer shall be promptly corrected by the Engineer at no cost
to the City.
2.1.7. Conduct, in the company of the City's representative, a final inspection of the
Project for conformance with the design concept of the project and general
compliance with the contract documents, and review and comment on the
certificate of completion and the recommendation for final payment to the
contractor.
2.1.8. Record Drawing Preparation:
2.1.8.1. Revise the construction drawings in accordance with the information
furnished by the construction contractor and the Resident Project
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Representative reflecting changes to the Project made during
construction. Record drawings are defined as the drawings produced by
the Engineer's modifications to the original design drawings to reflect the
changes during the construction.
2.1.8.2. Record drawings, if required, will be prepared, in part, on the basis of
information complied and furnished by others, and may not always
represent the exact location, type of various components, or exact
manner in which the Project was finally constructed.
2.1.8.3. The Engineer is not responsible for any errors or omissions in the
information from others that are incorporated into the record drawings.
2.1.8.4. Record drawings for the project will be completed by the Engineer within
60 days after the mark-ups are provided by the construction contractor
and City.
2.1.8.5. Engineer will provide the City with two (2) digital copies in Portable
Document Format (PDF) on Compact Disc (CD-ROM), one full-size
(22" x 34") set of reproducible prints (unbound, Mylar) of "Record
Drawings," five (5) half-size (11" x 17") sets of plans (bound, bond), and
two (2) full-size (22" x 34") sets of plans (bound, bond) to the City.
2.2. HMI/PLC Development Coordination and Basic Testing Services
2.2.1. Listed below are tasks to coordinate the control system supplier in developing the
graphics screens, programming, reports, and trends. These tasks are necessary
to ensure that the Plant Automation System is meeting the intent of the
specifications and the needs of the City.
2.2.2. The Engineer agrees to perform the HMI/PLC Development Coordination
Services in assisting the City during the development of the HMI/PLC
applications as described in the following paragraphs. Discuss event diagrams,
system diagrams, and other diagrams and aids necessary to convey and
communicate functional requirements to the City. Prepare process equations and
calculations with examples of values input for the variables, as well as event
handlers for review and discussion with City.
2.2.2.1. Conduct one (1) Control Strategy Workshops with City and all required
parties to review control strategies and Process and Instrumentation
Diagrams. Engineer shall be responsible for correlating information
required by all parties to develop the HMI/PLC applications.
2.2.2.2. Conduct up to two (2) HMI/PLC development workshops with City staff
and all required parties to review NMI graphic screens and PLC logic.
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Engineer shall be responsible for correlating information required by all
parties to develop the HMI/PLC applications.
2.2.2.3. Assist the City in completing information required by the HMI/PLC
application service providers, such as, login/passwords, historical
database information, trending requirements, reports needed, and report
formats.
2.2.2.4. Monitor status of the HMI/PLC development and review documents for
compliance with City standards. Include provisions for outside consultant
QC review and assistance.
2.2.3. The Engineer will witness the factory acceptance testing (which is to be outlined
in the Implementation Plan Specification in the Construction Contract
Documents). Tasks performed by the Engineer during the Factory Acceptance
Test include review of hardware and software for compliance with contract
documents, witnessing 110 checkout from PLC forced inputs to graphic screen for
approximately 400 points, graphic screen operation, report generation, historical
database operation and testing of control strategy testing. Up to sixteen (16)
hours are included for this testing.
2.2,4. The Engineer will witness the site demonstration testing (which is to be outlined
in the implementation plan specification in the construction contract documents)
after the witness 110 point check-out is complete and the process area is ready to
be brought on-line. Engineer witness logic and process loops testing for
compliance with the control strategy. Up to thirty-two (32) hours in two (2) site
visits are included for this testing.
2.2.4.1. The Engineer will witness the site availability testing once all site
demonstration testing is complete. During the site availability testing
period, the entire Plant Automation System is operated by the Control
System Supplier for a period of 30 to 60 days to demonstrate that the
system meets the control documents. During this time, small changes in
control logic, historical database configuration or reports are made. The
Engineer will conduct two (2) meetings to coordinate final adjustments
for operation of the system. Up to thirty-two (32) hours are included for
this testing.
ADDITIONAL ENGINEERING SERVICES
Additional engineering services may be performed by the Engineer, if authorized by the City, which are
not included in the above-described Basic Engineering Services, as described below:
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1. Preparing applications and supporting documents for grants, loans, or planning advances for
providing data for detailed applications.
2. Providing additional copies of plans, specifications, and contract documents.
3. Preparing environmental surveys, archeological surveys, impact assessments or statements,
storm water discharge permits, and 404 permit applications, except as specifically included in the
Basic Engineering Services.
4. Appearing before regulatory agencies or courts as an expert witness in any litigation with third
parties other than condemnation proceedings arising from the development or construction of the
Project, including the preparation of engineering data and reports for assistance to the City.
5. Investigations involving detailed consideration of operation, maintenance and overhead
expenses, and the preparation of rate schedules, earnings and expense statements, feasibility
studies, appraisals, evaluations, assessment schedules, and material audits for inventories
required for certifications by force account performed by the City.
6. Attending additional meetings as requested by the City.
7. Performing or attending additional testing, troubleshooting, or training beyond those services
listed in the Basic Engineering Services.
8. Preparation or acquisition of easements, if required.
9. Any other additional services that may be required by the City for completion of the Project that
are not included in the Basic Engineering Services.
10. Services known to be required for completion of the Project that the City agrees are to be
furnished by the Engineer or by a subconsultant that cannot be defined sufficiently at this time to
establish the maximum compensation.
Additional Engineering Services, which may be required by the City, shall be based on the actual hours
and costs in accordance with Exhibit C. No work will be undertaken this item without specific written
authorization from the City.
OTHER PROVISIONS
The Engineer's compensation is based on timely authorization to proceed and timely completion of the
Project. If the Project timing deviates from the schedule provided for causes beyond the e=ngineer's
control, the Engineer reserves the right to request renegotiation of those portions of the contract fees
affected by the time change according to the hourly rates listed in Exhibit C.
A-6
f'Shu.dev+proposals�propcsals_2C11�2011-022-00lubbock_rorthv�Rp_phi_ca_rpr�apai-north+,Ftp-constradmin-exhibit_a-2011-05-
24 docx
Resolution No. 2011—RO285
ALAN PLUMMER ASSOCIATES, INC.
EXHIBIT B
This Exhibit B is part of the Agreement between Alan Plummer Associates, Inc. (APAI) (the "Engineer")
and the City of Lubbock (the "City") for a Project generally described as:
NORTH WATER TREATMENT PLANT IMPROVEMENTS CONSTRUCTION SERVICES
1. Budget Amount by Scope Item for Construction Services Phase:
SCOPE
TASK PROJECT NAME
ITEM
ESTIMATED
BUDGET AMOUNT
2 SCADA Replacement Project General Construction Administration
Services
$68,166
TOTAL BASIC ENGINEERING SERVICES (NOT TO EXCEED)
$68,166
2. Terms of Payment
Payments to the Engineer will be made as follows:
A. The Engineer shall provide the City sufficient documentation to reasonably substantiate the
invoices.
B. The Engineer will issue monthly invoices for all work performed under this Agreement.
Invoices are due and payable within 80 days of approved receipt.
C. In the event of a disputed or contested billing, only that portion so contested will be withheld
from payment, and the undisputed portion will be paid. The City will exercise reasonableness
in contesting any bill or portion thereof. No interest will accrue on any contested portion of
the billing until mutually resolved.
D. If the City fails to make payment in full to Engineer for billings contested in good faith within
60 days of the amount due, the Engineer may, after giving 7 days' written notice to City,
suspend services under this Agreement until paid in full, including interest. In the event of
B-1
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suspension of services, the Engineer shall have no liability to City for delays or damages
caused the City because of such suspension of services.
3. Direct Expenses (Reimbursable)
A Engineer's Reimbursable Expenses, when part of the basis of compensation, are those costs
incurred on or directly for the City's Project, including necessary transportation costs,
including Engineer's current rates for Engineer's vehicles (vehicle rates shall be the
maximum mileage rate as established by the United States Internal Revenue Service); meals
and lodging; laboratory tests and analyses; large volume printing, binding, and reproduction
charges; all reimbursable costs associated with outside consultants, subconsultants,
subcontractors, and other outside services and facilities; and other similar costs.
Reimbursement for Reimbursable Expenses will be on the basis of actual charges when
furnished by commercial sources and on the basis of current rates when furnished by
Engineer. Engineer and subcontractor direct (reimbursable) expenses will be billed at cost
plus a 10 -percent surcharge.
B. Engineer will be paid on hourly rate basis, as shown in Exhibit C, and any subcontractor
personnel services will be billed at cost as shown in Exhibit C. Engineer and subcontractor
direct (reimbursable) expenses will be billed at cost plus a 10 percent surcharge.
C. The Engineer shall keep records on the basis of generally accepted accounting practices of
cost and expenses and such records shall be available for inspection by Owner during
normal business hours.
4. Not to Exceed Compensation
A. The Engineer will perform the services described in Exhibit A at a "Not to Exceed" total
compensation amount of $6$,166, unless the Agreement is amended otherwise by the City
Council. The final compensation for the above major tasks can be over or under the
estimated budget amount per task, as shown in No. 1 above as long as the total "Not to
Exceed" amount is not surpassed.
B-2
P:1Busd v;Proposa�s',Prcposa s_2011'12011-022-CO_L tu,+ ck_MrthA'TP_Phl_-.. ,`I TP-ConstrAdrnin-Exhibit_B-
2011-M-22. d ccx
Resolution No. 2011-RO285
ALAN PLUMMER ASSOCIATES, INC.
EXHIBIT C
HOURLY FEE SCHEDULE (2011):
Staff Description
Alan Plummer Associates,
Inc.
EnproteclHibbs
& Todd, Inc.
Lockwood,
Andrews &
Newnam,
Inc.
Staff Code
Billing Rate
Billing Rate
Billing Rate
Admin Staff
Al —A3
$ 70.00
$ 48.00
$66.00
Senior Admin Staff
A4
$ 85.00
Desi nerifechnician
C1 — C2
$ 85.00
$ 88.00
$122.00
Senior
Designer/Technician
C3 — C4
$ 105.00
Project Controls
Assistant
$88.00
Engineer -in-
Training/Scientist-in-
Training
ES1 — ES3
$ 105.00
$ 102.00
$122.00
Project
Engineer/Scientist
ES4
$ 125.00
$ 127.00
$160.00
Senior Project
Engineer/Scientist
E5
$ 140.00
$ 132.00
$215.00
Project Manager
ES6
$ 160.00
$ 143.00
Senior Project
Manager
ES7
$ 200.00
$ 154.00
Principal
ES8 — ES9
$ 230.00
$ 187.00
$250.00
A multiplier of 1.10 will be applied to all reimbursable expenses. Reimbursable expenses will include
reproduction expenses, and traveling expenses per Exhibit B.
C-1
_z_xhibit_c-2011-06-
— —
,acoREP CERTIFICATE aF LIABILITY INSURANCE
DATE(MfdfDD1YYYY)
6/22/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In Ileu of such endorsement(s).
PRODUCER
McLaughlin Brunson Insurance Agency, LLP
6600 LBJ Freeway, Suite 220WC.
Dallas TX 75240
CONTACT
NAME: Patrick P McLaughlin
PHONE FAX
C No Ext: (214) 503-1212 1uc No: (214) 503-8899
E-MAIL
ADDRESS:
PRODUCER
EACH OCCURRENCE $ 11000,000
CUSTOMER ID #:
INSURERS AFFORDING COVERAGE NAIL #
X COMMERCIAL GENERAL LIABILITY
INSURED
Alan Plummier Associates, Inc.
INSURERA:XL Specialt Insurance Company 37885
INSURER B:Travelare Indem. Co. of Conn 25658
INSURER C:TraveIare Lloyds Ina. Company 41262
1320 S. University Drive, #300
INSURERD:Charter Oak Fire Insurance Co. 25615
Fort Worth TX 76107
INSURER E:
VIED EXP (Any one person) S 10,000
INSURER F:
COVERAGES CERTIFICATE NUMBER: Cert ID 10917 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR I
LTR
TYPE OF INSURANCE
City of Lubbock
_ POLICY NUMBER MW�DIWYY IMGYEFF M EXP
! LICYDNYYY
LIMITS
GENERAL LIABILITY
P. O. Box 2000
1625 13th Street
Lubbock TX 79457-2000
EACH OCCURRENCE $ 11000,000
CAMAGET
PREMISES E '.. S 1,000,000
T.21
C
X COMMERCIAL GENERAL LIABILITY
Y
Y
PACP199SL981 6/15/2011 6/15/2012
CLAIMS -MACE �, CCCUR
ValPapera-$1, 000, 000
VIED EXP (Any one person) S 10,000
PERSONALBAININJURY S 1,000,000
X X, C, U Coverage
X Contractual Liab.
GENERAL AGGREGATE S 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER,
PRODUCTS -COMPIOPAGG $ 2,000,000
$
POLICY FX7 . IRO- T LOC
AUTOMOBILE
LIABILITY
SINGLE UMIT $ 1,000,000
COMBINED Ee accident)
D
X
ANY AUTO
Y
Y
BA2003L924
6/15/2011
6/15/2012
BaODILY NJURY(Per person) 5
ALL OWNED AUTOS
BODILY INJURY (Per acodent) S
X
SCHEDULED AUTOS
HIREDAUTOS
PROPERTY DAMAGE S
(Per accident)
$
X
NON -OWNED AUTOS
$
R
No owned Autos
B
X
UMBRELLAUAB
X OCCUR
Y
Y
CU'P6428Y427
6/15/2011
6/15/2012
EACH OCCURRENCE S 4,000,000
AGGREGATE S 4,000,000
EXCESS U, 13
CLAIM&MADE,
DEDUCTIBLE
$
§
RETENTION s
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNER/EXECUTIVE
VaC SLIMTATU- OTH-
T CRY FR
E.L. EACH ACCIDENT s
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH)
NIA
E.L. DISEASE - EA EMPLOYE $
E.L. DISEASE - POLICY LIMIT I S
If yes, deacnbe under
DESCRIPTION OF OPERATIONS below
A
Professional L ab
N Y DPR9693889 5/9/2011 5/9/2012
2,000,000 Per Claim/
nual Aggregate
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required)
The claims made professional liability coverage is the total aggregate limit for all claims
presented within the policy period and is subject to a deductible. 30 Days Notice of Cancellation in
favor of the certificate holder. City of Lubbock is named as additional insured on the general,
auto, and umbrella liability as required by contract. General liability is primarryy and
non -contribute with roe set to an insurance carried b Cit of Lubbock. Auto Liabilit is
CERTIFICATE HOLDER CANCELLATION
O 1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
Page 1 of 2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
City of Lubbock
Attn: John Turpin, P.E.
AUTHORIZED REPRESENTATIVE
�N
P. O. Box 2000
1625 13th Street
Lubbock TX 79457-2000
O 1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
Page 1 of 2
DESCRIPTION OF OPERATIONS SECTION CONTINUED I DATE
6/22/2011
City of Lubbock
Attn: Sohn Turpin, P.B.
P. 0. Sox 2000
1625 13th Street
Lubbock TX 79457-2000
Alan Plummer Associates, Inc.
1320 S. University Drive, #300
Fort Worth TX 76107
primary with respect to any insurance carried by City of Lubbock. All policies include a waiver of
subrogation in favor of City of Lubbock. - RE: North Water Treatment Plant SCADA Replacement -
APAI No. 2011-022-00
DOC (10/2003)
Page 2 of 2
►�b" CERTIFICATE OF LIABILITY INSURANCEOP ID JMC7DATOE�(MMI.EVYYYY)
/24/11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT:the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. f SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
;NAME:
PHONE
AIC, No, Ill nuc, Ill
ACEC/MARSii
ADDRESS:
701 Market St., Ste, 1100
St. Louis MO 63101_'RCD"ER
Phone:800-338-1391 Fax:888-621-3173
CUSTOMER ID: PLUM -02
INSUREl AFFORDING COVERAGE NAIGM
INSURED
INSURER A: Twin City Fire Insurance
Alan Plummer Assoc., Inc.
Att: MB. Anne Lemmons
INSURER IS:
INSURER C:
1320 S. University Ste. 300
Fort Worth TX 7611
INSURER D:
INSURER Il
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE
iNSR
WVD
POLICY NUMBER I (MMIODNYYY) (MMIDDIYYYY)
LIMITS
GENERAL LIABILITY
Attn:
P.O.
John Turpin, P.E.
Box 2000
EACH OCCURRENCE 5
EED
(Ea occurrence) S
COMMERCIAL GENERAL LABILITYPREMl5S
13th Street
Lubbock TX 79457
MED EXP (Arty one person) S
CLAIMS -MADE OCCUR
PERSONAL S, All INJURY S
GENERALAGGREGATE S
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGC, $
POLICY 7 jEa F7 LOC
$
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO
BODILY INJURY (Per pel 5
ALL OWNED AUTOS
BODILY INJURY (Per accident) S
SCHEDULED AUTOS
HIRED AUTOS
PROPERTY DAMAGE $
(Per accident)
NON -OWNED AUTOS
S
UMBRELLALIAB
OCCUR
EACH OCCURRENCE S
EXCESS LIRE
CLAIMS -MADE
AGGREGATE S
DEDUCTIBLE
S
I RETENTION S
S
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
6 WBGFI9 1 11/01/10
,11/01/11
-
I TORY LIMITS I ER
E.L. EACH ACCIDENT $1,000,000
ANY PROPRIETORPARTNER/EXECUTIV
OFFICER MEMBER EXCLUDED?
MIA
E.L. DISEASE - EA EMPLOYEE $1,000,000
(Mandatory in NH)
If yes, describe under
DESCRRPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT $1,000,400
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is'squired)
Re: North Water Treatment Plant SCADA Replacement; APAI No. 2011-022-00
CERTIFICATE HOLDER CANCELLATION
-"'"�719 S7210MCOR4'CONPOlAi I rights reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
CITYOF
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City
of Lubbock
Attn:
P.O.
John Turpin, P.E.
Box 2000
AUTHORIZED REPRESENTA71VF
1625
13th Street
Lubbock TX 79457
-"'"�719 S7210MCOR4'CONPOlAi I rights reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD