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HomeMy WebLinkAboutResolution - 2015-R0045 - Alan Plummer Associates - 02/12/2015No. 2015-R0045 nary 12, 2015 No. 5.6 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 Professional Service Contract for Baily County Well Field Disinfection System Improvements, by and between the City of Lubbock and Alan Plummer Associates, Inc., 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 City Council. Passed by the City Council on February 12, 2015 /// �� 'SCJ' � •' ATTEST: Garza, City Secretary APPROVED AS TO CONTENT: R Keith Smith, P.E., Director of Public Works APPROVED AS TO FORM: Amy Sim ; e t ttorney gs/RES.PS Contract -Alan Plummer Associates, Inc 1.14.15 Resolution No. 2015-R0045 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § 1155 This Contract, (the "Contract" or "Agreement"), effective as of theles day of February 20U (the "Effective Date"), is by and between the City of Lubbock, (the "CITY"), a Texas home rule municipal corporation, and Alan Plummer Associates, Inc., ("ENGINEER") a Texas professional corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, the City desires to obtain professional engineering services related to the general construction administration of the Bailey County Well Field Disinfection System Improvements Project (the "Activities'); WHEREAS, ENGINEER has a professional staff experienced and is qualified to provide professional engineering services related to the 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 professional engineering 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 500 days. If the ENGINEER determines that additional time is required to complete the Services, the CITY Engineer, may in his discretion, but is not obligated to, execute an agreement to grant up to an additional six (6) months of time to complete the Services so long as the amount of the monetary consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the monetary consideration must be approved by the CITY acting through its governing body. Alan and Plummer and Associates Page 1 of 21 F?O, MV2mposkVmpo s 201T20f3W9pt L"EErck_Bvky_Lwnly_WM Fie10_ONhtl"cWn_Syelem_hnpmvan LonsNMbn Aurin\Conlrxf,Bal"yCouMY CanYrwlioNWmn_20fa12-nftE 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 the Basic Services, and if directed by City, the Additional Services and/or Special Services, based on hourly rates, not to exceed $121,793, per Exhibit "A," Exhibit "B," and Exhibit "C." ARTICLE III. TERMINATION A. General. CITY may terminate this Contract, for any reason or convenience, upon thirty (30) 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, equity, or otherwise, including without limitation, termination of this Contract and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON -ARBITRATION The CITY reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the CITY shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. Alan and Plummer and Associates Page 2 of 21 FWuaaaWaop sTrop is Field!_Daa r wn $ymem_imymvemara Conamamn Admrmcom,arn wlaycoumy__Coad aimwd" n N14-1329 dam ARTICLE V. 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, ordinance or contractual obligation 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 indemnify and hold CITY harmless from all liability or loss caused to CITY or to which CITY is exposed on account of ENGINEER's failure to perform this duty. ARTICLE VI. SCOPE OF SERVICES ENGINEER shall accomplish the following: Professional Engineering Services related to the general construction administration of the Bailey County Well Field Disinfection System Improvements project, as defined and provided in Exhibit "A," "Scope of Services." Alan and Plummer and Associates Page 3 of 21 F1SutleWPmponplaWmpo __201=0130 01_Lubbod BeilW County WMI Field 0e4n Syd m_Impmye Ws Ungm ion MmIM\ MmM mloyC unty_COWi Ion nn 201412-2B.tloa ARTICLE VII. 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 VIII. INSURANCE ENGINEER shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to 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 subconsultant 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. All policies will be written on per occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence ENGINEER shall further cause any approved subcontractor or subconsultant to procure and carry, during the term of this Agreement, insurance coverage, as specified above for ENGINEER, including without limitation protecting CITY against direct losses caused by the professional negligence of the approved subcontractor or subconsultant. The CITY shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be Alan and Plummer and Associates Page 4 of 21 r:�pa Tm�s_M1i 1&a l iseme,_eso�_CoWy_WM FEW gelMedbn syd imnmrem�xmapn Mftnk oma mleycomM_CwmwibM N MM2-na 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. 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. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained, at ENGINEER's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Contract and the discovery period (possibly through tail coverage) shall be no less than ten (10) years after the completion of work specified in this Contract. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. 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," attached hereto, under this Contract, provided that the 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 by ENGINEER to carry, for the protection and benefit of the CITY and ENGINEER and naming said third parties as additional insureds, insurance as required of ENGINEER, as described above in this Contract. ENGINEER represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY 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. Alan and Plummer and Associates Page 5 of 21 F?8,�1NPmpneMPm(nalf_ZO1T201}�9.p1 Wbhvk_Bal"Y_�"fY_Wd Fid pp,�eCM,_Sytlen,_Impwmie,�s_Conffi,qon_AO�itrmILOMIeRBaleyto,Ny_CatWtugMME,Nn Y0141228.6.� ARTICLE XI. 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 OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. 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 XIII. 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 parry at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. ENGINEER's Address. ENGINEER's address and numbers for the purposes of notice are: Alan Plummer Associates, Inc. Attn: David Gudal, P.E. 1320 South University Drive, Suite 300 Fort Worth, Texas 76107 Telephone:(817) 806-1700 Facsimile: (817) 870-2536 Alan and Plummer and Associates Page 6 of 21 F _2011\2 015 0 0 601 WEEorJ,_Beiley_Lamty_WM FIOO_Mwff tl S"A Imp wwt C On ion Mmin\W�IreWBtlleyCaunly_CendrvdiorvVMn 2014122BAou 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 XIV. 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 XV. 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. D. Assignability. ENGINEER may not assign this Contract without the prior written approval of the CITY. Alan and Plummer and Associates Page 7 of 21 r:auea.Hv,epoarew,oc�s_miaxo,aooaa� wema_SMIW_C�_wa r� uesa.aan_svm m,w>+emw ca,wurun_iw,amcamxneai» ^b_cwm�w�oronn+n_m,aiazeaw, 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 SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS 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 agreement 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 ll, 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 and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. Alan and Plummer and Associates Page 8 of 21 F:18ueCeMmpoal¢1Gmpo®Is W15 1�1 LUES ftl,_C uK,_W W FIaIE_dYNeNon_Syetam_ImgovemeMe GnebucEon_AO,rvnMnMe TBelleyCou,tly_LenebutlbnAdMn 20f4f2QB.Eoa 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. N. Appropriation. All funds for payment by the CITY under this contract are subject to the availability of an annual appropriation for this purpose by the CITY. In the event of non -appropriation of funds by the CITY Council of the CITY of Lubbock for the goods or services provided under this Contract, the CITY will terminate the Contract, without termination charge or other liability, on the last day of the then current fiscal year or when the appropriation made for the then -current year for the services covered by this Contract is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the CITY shall not be obligated under this Contract beyond the Non -Appropriation Date. Alan and Plummer and Associates Page 9 of 21 F 1Bw1MP,o@vhWmpo6els_M191YBt100B0� LutEock_B®ley_CaAy_Wi Fiatl_Ur+nleaion By9u,n_Imvmwamur s Lonstmdmn Mmin CoMFa SalayC unt CarWrvd dm,,20t<.t22B4ou EXECUTED as of the Effective Date hereof. ATTEST: Amy L. , Ddputy-City Attorney By: w CITY OF LUBBOCK Glen VKobeln, Mayor ALAN PLUMMER ASSOCIATES, INC. Name: David Gudal, .E. Title: Principal Alan and Plummer and Associates Page 10 of 21 F^HutleNPmpwale rnp s_ZO =130U601 LuEE SWB _County_WQ FlaIE_UtlnlaGon_Sydm lmgovemaln_Cantl, n A nl M,ec WleyCounly_Coretr,gbnOEmin M1 12 . 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: BAILEY COUNTY WELL FIELD DISINFECTION SYSTEM IMPROVEMENTS ENGINEER -OF -RECORD CONSTRUCTION PHASE SERVICES The purpose of this Agreement is to furnish services that are unique to the Engineer -Of -Record so that, in cooperation with the City's CONSTRUCTION REPRESENTATIVE, complete construction phase services are provided. The professional services of a CONSTRUCTION REPRESENTATIVE shall supplement the duties of the ENGINEER OF RECORD contained in this agreement. The CITY shall procure these services by a separate CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT (herein called the "CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT") that provides primarily project administration and field representation to the CITY. Said CONSTRUCTION REPRESENTATIVE and the City shall execute the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT at a future date. Upon said execution, the City shall provide a copy of the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT to the Engineer. SCOPE OF SERVICES The Engineer agrees to furnish the City with the following services. 1. Engineer -of -Record 1.1. The Engineer -of -Record for this project shall be: James Naylor (TX P.E. No.92721) Senior Project Manager Alan Plummer & Associates, Inc. 2. Construction Phase Services Conditions 2.1. The ENGINEER's responsibility to provide Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the end of the construction period for the project including startup ad testing. Page 11 of 21 �. wm ✓wm za+s+a'. Alan and Plummer and Associates° w �U,WOJIW 2.2. Construction Phase duties, responsibilities, and limitations of the ENGINEER shall not be restricted, modified, or extended without agreement of the CITY and ENGINEER in writing. 2.3. The ENGINEER shall be a representative of and shall advise and consult 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. 2.4. ENGINEER's Personnel at Construction Site 2.4.1.The presence and duties of ENGINEER's personnel at a construction site, whether as onsite representative or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY per the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT and/or construction contractors or other entities, and do not relieve the construction contractors or any other entity from 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 in accordance with the contract documents and any health and/or safety precautions by such construction work. 2.4.2.The 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 related to such work and have no duty for inspecting, noting, observing, correcting, or reporting on health and/or safety deficiencies of the construction contractors or other persons at the site except ENGINEER's own personnel. 2.4.3. The limited presence of the ENGINEER's personnel at a construction site is for the purpose of providing the ENGINEER and the 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. The ENGINEER neither guarantees the performance of any construction contractor nor assumes responsibility for contractor's failure to perform the work in accordance with the contract documents. 3. Construction Representative Cooperation 3.1. The ENGINEER shall coordinate and interface with CITY's selected CONSTRUCTION REPRESENTATIVE per the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT. Alan and Plummer and Associates Page 12 of 21 F?HutleNP,opomlMPmpomis_Yo13�1013 bJ101}ubEaG_eg�ey_cn„my_well_FJeIE_gelde n_sytlem_]mp m*0 Pondmda n AOMmLomrec�eN�eyCouMy_Canelru lbMOm�n zotata3a.aov 3.2. CITY's selected CONSTRUCTION REPRESENTATIVE per the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT will handle the following: 3.2.1. Provide construction administration 3.2.2. Manage project documentation 3.2.3. Represent CITY on the job site 3.2.4. Accomplish quality assurance tasks 3.2.5.Schedule construction progress meetings and additional meetings along with developing the agenda and preparing meeting notes for each meeting. 3.2.6.Establish procedures for administering changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the CITY to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the CITY. Documentation of field orders, where cost to CITY is not impacted, will also be prepared. 3.2.7.Review and make recommendations to the CITY for payment applications made by the Contractor. 3.2.8.Receive and evaluate notices of contractor claims and make recommendations to the CITY on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the CITY if appropriate. 3.2.9.Coordinate and verify proper wire terminations; programmable logic controllers (PLCs); and supervisory, control and data acquisition (SCADA) components including factory acceptance testing (FAT) and field verification testing as outlined in Section 13600 and Division 17 of the technical specifications. 3.3. The ENGINEER will complement the CITY's CONSTRUCTION REPRESENTATIVE per the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT to accomplish the remaining Construction Phase Services tasks, to include items listed below. 3.4. The ENGINEER shall supply data to the CITY's CONSTRUCTION REPRESENTATIVE for entry into the online project management system. 3.5. The ENGINEER shall receive project documentation from the CITY's CONSTRUCTION REPRESENTATIVE per the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT for approval as the Engineer -of -Record. Alan and Plummer and Associates Page 13 of 21 F LUEMtl BW6 Y_Cou Y_WM Fiak_Ua4f n SyY Impww �n_AEmMCn4eR WleyCouMy_Gwebud ft 20tb12'1B.tlav 3.6. The ENGINEER shall provide timely response and necessary approvals to submittals, Requests For Information (RFI), Change Orders (CO), Contract Modification Requests (CMR), and all other project actions coordinated by the CONSTRUCTION REPRESENTATIVE. 3.7. The ENGINEER shall expect all administration and management of communication, documentation, and correspondence to be handled by the CONSTRUCTION REPRESENTATIVE per the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT. 4. Specific Engineer -of -Record Tasks 4.1. Site Visits 4.1.1.The ENGINEER shall visit the site only as requested by City's Project Manager, but shall include scope and fee for at least one (1) but no more than four (4) site visits. 4.1.2.The ENGINEER may recommend visiting the site at any time, subject to funding and approval by the Owner's Representative. 4.1.3.The ENGINEER must visit the site to perform a substantial completion observation for determining if the project was constructed in accordance with the plans and specifications. This visit will be scheduled by the CITY after the facilities have been placed into service. 4.2. Phone Conferences 4.2.1.Progress Meetings — The CITY's CONSTRUCTION REPRESENTATIVE per the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT shall schedule and setup the progress meetings and conference calls. The ENGINEER has included scope and fee for these conference calls based on the following: 4.2.1.1. Senior Project Manager — participate in fourteen (14) one-hour calls. 4.2.1.2. Senior Project Engineer — participate in fourteen (14) one-hour calls with one additional hour to prepare necessary items for the meeting. 4.2.1.3. Senior Electrical/Instrumentation Engineer — participate in four (4) one-hour calls. 4.2.1.4. Senior Structural Engineer — participate in two (2) one-hour calls. 4.2.2.Additional Phone Conferences — The CITY's CONSTRUCTION REPRESENTATIVE per the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT shall schedule and setup additional phone conferences as needed and directed by the CITY's Project Manager. The ENGINEER has included scope and fee for these additional phone conferences based on the following: Alan and Plummer and Associates Page 14 of 21 F?HUNBNAO�sYplPNpmW_Y01TM150�01 LUWxI,_BeIMy_�Y WY Fiep_dailatlbn_Sytla,n_MpwanMa_GnquYron Mrtin\(:oN, fBaleyto,nly_CmtlMbN4mn_201b1LIB.Oaa 4.2.2.1. Senior Project Manager— participate in five (5) one-hour calls. 4.2.2.2. Senior Project Engineer— participate in five (5) one-hour calls with one additional hour to prepare necessary items for the meeting. 4.3. Engineer Items for Review and Approval 4.3.1.Submittals 4.3.1.1. ENGINEER shall allow for up to one hundred and forty (140) Contractor submittals. 4.3.1.2. ENGINEER will review all items that require the approval of the Engineer -of - Record which includes, but is not limited to the following: shop drawings, operation and maintenance manuals, samples, catalog data, laboratory test reports, shop test reports, mill test reports, and other data items which the Contractor submits; including re -submittals associated with submittals identified as "furnish as corrected", "revise and resubmit", and "rejected." 4.3.1.3. The ENGINEER will review the submittals for conformance with the design concept and conformance with the information given in the contract documents. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract documents, nor is such a review a guarantee that the Work covered by the submittals is free of errors, inconsistencies, or omissions. 4.3.2.Requests for Information (RFIs) 4.3.2.1. Requests for information: ENGINEER will respond to up to thirty (30) Requests for Information (RFI) from the Contractor or CITY for items relevant to the scope. 4.3.2.2. ENGINEER will provide technical interpretation of the plans and specifications and evaluate requested deviations from the plans and/or specifications. 4.3.2.3. The ENGINEER will post review responses to Contractor's RFIs onto the electronic project management system Alan and Plummer and Associates Page 15 of 21 F?HvtlTWrtpouMlP,o%aYs_2013Q011Q"BOt LuEbork_Bilry_�"�Y_W� FIeW_GertaAOn_Syq� Imgwanetb_Gn9l,xtlon MmiMCOMxOBalayfiuMy_Co„tlrvnbNWnin 3010.14-N.Eaa 4.3.3.Proposed Contract Modifications (PCM) and Contractor's Modification Requests (CMR) 4.3.3.1. ENGINEER will review up to twenty (20) CMRs and PCMs for items identified during construction that are necessary or requested by the CITY or Contractor, but are not in accordance with the construction documents. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the CITY are an additional service. Services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of Engineer are an additional service. 4.4. Record Drawings 4.4.1. Record drawings are defined as the set of drawings produced by the ENGINEER that incorporate modifications from the original design drawings made during the construction. Record Drawings shall reflect constructed facilities "as -built" based on the information provided by the Contractor and the CITY's CONSTRUCTION REPRESENTATIVE per the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT. 4.4.2.The ENGINEER will revise the construction drawings in accordance with the information furnished by the CITY's CONSTRUCTION REPRESENTATIVE and the construction contractor, to reflect changes to the project made during construction. 4.4.3.The ENGINEER will prepare record drawings on the basis of information compiled 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. 4.4.4.The ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. 4.4.5.Record drawings for the project will be issued by the ENGINEER within sixty (60) days after the comments and markups are provided by the CITY's CONSTRUCTION REPRESENTATIVE. 4.4.6.The ENGINEER will provide the CITY one full-sized (22" x 34") set of reproducible prints (unbound, Mylar), two (2) half -sized (11" x 17") sets of plans (spiral bound, bond), two (2) full-sized (22" x 34") sets of plans (bound, bond), and four (4) digital copies of both half size and full size drawings in Adobe PDF on USB drive. Alan and Plummer and Associates Page 16 of 21 F:18wde mpoaelSF'mpo s M1=130 1 Lubbo _Beile _Cou*_Well Fletl piNetliw,_SMg Impmaemmis Con9 n MminlCOMrecX We Cot",Co,m, *io n nW2-na 4.5. Electronic Project Management System 4.5.1.For this project the CITY's CONSTRUCTION REPRESENTATIVE per the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT will provide the web -based online project management system. 4.5.2.The system platform shall be E -Builder, ProjectMates, or approved equal. 4.5.3.The ENGINEER will be required to supply data to the established system, but not procure system services, setup, or maintenance. 5. Conservation of Funding 5.1. Budgeted fees calculated in each of the task categories listed above which go unused may be carried over into other task categories, but not applied to tasks outside the scope of this agreement. 5.2. All transfer for fees for services that go unused must be communicated to the CITY's Project Manager. 5.3. All unused fees that are not transferred to other tasks are expected to be reflected on invoices as unspent budget. 6. Intemet Based Construction Management 6.1. If approved and authorized by the CITY's Project Manager, the ENGINEER will provide, for use by the CITY and selected Contractor, an internet-based construction management system (ProjectMates). 6.2. The ENGINEER will establish and maintain the project construction management system consistent with the requirements of the construction contract documents. The CITY's CONSTRUCTION REPRESENTATIVE per the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT will monitor the processing of contractor's submittals and provide for filing and retrieval of project documents and provide monthly reports indicating the status of all submittals in the review process. 6.3. The CITY's CONSTRUCTION REPRESENTATIVE per the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT will monitor the process of the Contractor in sending and processing submittals to see that documentations is being processed in accordance with schedules. 7. Additional Engineering Services 7.1. 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: Alan and Plummer and Associates Page 17 of 21 Fps W« ap ropm _zoJMI&ao I tubo d Bauq c umv_wOi retia Mla.Oen eras imawwnatis_� � nB*W C—ly_Cmm,v ftn MJ12.n. 7.2. Preparing applications and supporting documents for grants, loans, or planning advances for providing data for detailed applications. 7.2.1. Providing additional copies of reports, plans, specifications, and contract documents. 7.2.2. Preparing environmental impact statements, storm water discharge permits, and 404 permit applications, except as specifically included in the Basic Engineering Services. 7.2.3. 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. 7.2.4. 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. 7.3. Payment of fees for permit applications and publication of notices 7.4. Public relations activities and consulting services. 7.5. 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 with this item without specific written authorization from the CITY. 8. Other Provisions 8.1. The ENGINEER's compensation is based on immediate authorization to proceed and timely completion of the project. If the project timing deviates from the assumed schedule for causes beyond the ENGINEER's control, the ENGINEER reserves the right to request renegotiation of the rates for those portions affected by the time change according to the hourly rates listed in Exhibit C. Alan and Plummer and Associates Page 18 of 21 F:\Bu¢OMFmpovekWmOae�s 2p131N13006B1 WWvcN_Bellw CauMy_Wp Fletl dtlMetLw,_Bytleen_ImgovanMa Contl,udpn Mmin\CamredlBelleyC uMy_Co,al,utlioNWmin 2010.12-2B.Wo ALAN PLUMMER ASSOCIATES, INC. EXHIBIT B This Exhibit B is part of the Agreement between Alan Plummer Associates, Inc. (the "ENGINEER") and the City of Lubbock (the "CITY") for a Project here in so called generally described as: BAILEY COUNTY WELL FIELD DISINFECTION SYSTEM IMPROVEMENTS Budget Amount by Scope Item for Basic Engineering Services: Task Item Task Name Hours Fee 4.1 Site Visits 60 $13,950 4.2 Phone Conferences 63 $11,470 4.3 Engineer Items for Review and Approval 387 $65,075 4.4 Record Drawings 60 $7,940 6.0 Internet -based Construction Management 8 $5,848 PM Project Management 46 $10,580 Reimbursable Expenses $6,930 TOTAL $121,793 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 payment within 30 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 the ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving seven (7) days' written notice to CITY, suspend services under this Agreement until paid in full, including interest. In the event of suspension of services, the ENGINEER shall have no liability to the CITY for delays or damages caused the CITY because of such suspension of services. Alan and Plummer and Associates Page 19 of 21 F:1BueEeNPmpovelsWmpavls_3013110130L601 LubE k_BwWy_L unry_WN FIeIE_delNetlbn_Sye. ImgwemMe C ndry .n NYnin\ComrxfBdleyC w4y_CanshumoMdnin_4010.1]-3B.Eaa 3. Direct Expenses (Reimbursable) A. The ENGINEER's Reimbursable Expenses, when part of the basis of compensation, are those costs incurred on or directly for the CITY's project, including, but not limited to: necessary transportation costs, including ENGINEER's current rates for ENGINEER's vehicles; meals and lodging; laboratory test and analyses; computer services; word processing services, telephone, 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 the ENGINEER. ENGINEER and subcontractor direct (reimbursable) expenses will be billed at cost plus a 10 percent (10%) surcharge. B. The ENGINEER will be paid on an hourly basis rate, 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 (10%) surcharge. C. The ENGINEER shall keep records on the basis of generally accepted accounting practices of costs and expenses and such records shall be available for inspection by the CITY during normal business hours. 4. Not to Exceed Compensation The ENGINEER will perform the Services described in Exhibit A at a "Not to Exceed" total compensation amount of $121,793, unless this Agreement is amended otherwise by the City Council. The final compensation for the major tasks can be over or under the estimated budget amount per task, as shown in this Exhibit B, as long as the total "Not to Exceed" amount is not surpassed. Alan and Plummer and Associates Page 20 of 21 F?Bu eVFmeoW"WmeeaW_zoi=1aa 1 Lubb ,_Mky_Cou+v_wea FieIE_ge Ort n_ syele,n_�mpovenerl"_tonn,w�on.w,,:mcwmxneaieycw,ny_car,w�eiwdmn zo�a,z-za.aov ALAN PLUMMER ASSOCIATES, INC. EXHIBIT C This Exhibit B is part of the Agreement between Alan Plummer Associates, Inc. (the "ENGINEER") and the City of Lubbock (the "CITY") for a project generally described as: BAILEY COUNTY WELL FIELD DISINFECTION SYSTEM IMPROVEMENTS Hourly Fee Schedule (2015): Staff Description Alan Plummer Associates, Inc. Staff Code Billing Rate Admin. Staff Al —A3 $ 80.00 Senior Admin. Staff A4 $ 110.00 Designer/Technician C1 — C2 $ 95.00 Senior Designer/Technician C3 — C4 $ 120.00 Engineer -in -Training Scientist -in -Training ES1 — ES3 $ 120.00 Project Engineer/Scientist ES4 $ 135.00 Senior Project Engineer/Scientist ES5 $ 150.00 Project Manager ES6 $ 190.00 Senior Project Manager ES7 $ 230.00 Electrical Engineer EE1 $ 145.00 Senior Electrical Engineer EE2 $ 245.00 Structural Engineer SEI $ 145.00 Senior Structural Engineer SE2 $ 210.00 Principal ES8 — ES9 $ 275.00 Alan and Plummer and Associates Page 21 of 21 F?8�e0WRopnmlc�PmposW_211�31p13O0BU1 WEEoc4_0dly_ MY �'� Fleq_UaNecUon Sytl ImpwaneMa_Gmetrvtlion Mnn\CaNreC WyCow4_ComVW nn nW2-]O.E AeC)ORbIsCERTIFICATE OF LIABILITY INSURANCE °"12 20 ;"' 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 policy(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 an this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER McLaughlin Brunson Insurance Agency, LLP 12801 North Central Expressway CONTACT NAME: Joe A Bryant PHO (A/C. (214) 503-1212 aC No: Suite 1710 Dallas TX 75243 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAICIt INSURERA: Travelers Indemnity Company 25658 INSURED Alan Plummer Associates, Inc. INSURER B: Charter Oak Fire Insurance Co. 25615 INSURER C: Travelers Lloyds Ins. Company 41262 8 COMMERCIAL GENERAL LIABILITY 1320 S. University Drive, 8300 INSURER D: XL specialty Insurance Company 37885 INSURER E: Fort North TX 76107 INSURER F: MED ENP (Any one person) S 10,000 COVERAGES CERTIFICATE NUMBER: cert ID 26892 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 LTR TYPE OF INSURANCE ADDLSUHR POLICY NUMBER POLICY EFF MWDD POLICY EXP MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 PREMISES Ea -R o=rm.ce $ 1,000,000 C 8 COMMERCIAL GENERAL LIABILITY Y Y PACP1996L981 6/15/2014 6/15/2015 MED ENP (Any one person) S 10,000 CLAIMS -MADE OCCUR PERSONAL S ADV INJURY $ 1,000,000 8 ValPapers-$1,000,000 8 Contractual Liab. GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,000 POLICY 8 PRC- LOC $ AUTOMOBILE LIABILITY COMNED SINGLE INGLE LIMIT ident 1,000,000 BODILY INJURY (Per person) $ *AN Y AUTO Y Y BA2003L924 6/15/2014 6/15/2015 ALL OWNED SCHEDULED AUTOS AUTOS No Owned Autos BODILY INJURY (Per accident) $ HIRED AUTOS R NON -OWNED AUTOS PROPERTYDAMAGE $ Per ecddOnl $ A X UMBRELLA LIARX OCCUR Y Y CUP6428Y427 6/15/2014 6/15/2015 EACH OCCURRENCE $ 4,000,000 AGGREGATE S 4,000,000 EXCESS LIAB CLAWS -MADE DED I I RETENTION$ S WORKERS COMPENSATIONWC STATU- OTH- AND EMPLOYERS' LtABILTTY YIN E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNERJEXSCUTIVE OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE- EA EMPLOYEE $ (Mandatory In NH) Ifes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ D Professional Liability Y DPR9715996 5/9/2014 5/9/2015 Per Claim $ 2,000,000 Annual Aggregate $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is Bublect to a deductible. Thirty(30)day notice of cancellation in favor of certificate holder on all policies. The City of Lubbock is named as additional insured on the general, auto sad umbrella liability coverages as required by contract. A waiver of subrogation is shorn in favor of the additional insured on all policies as required by contract. The general and umbrella liability coverages are on a primary and non-contributory basis. The auto liability coverage is on a primary basis. RE: Lubbock Bailey County Well Field Disinfection System Construction Administration - APAI 8 2013-008-01 City of Lubbock Attn: Sohn Turpin, P.E. P. O. Box 2000 1625 13th St. Lubbock TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. All riahts reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD PLUM -02 OP ID: MD CERTIFICATE OF LIABILITY INSURANCE DAM 012 0 1 4 Y) 12/10/2014 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 policy(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 lieu of such endorsement(s). PRODUCER ACECIMARSH 701 Market St, Ste. 1100 St Louis, MO 63101 Jeff B. Connelly CONTACT NAME: WPHONE � No: AD AfL-. AUTHORIZED REPRESENTATIVE 162513th StreetCc.. INSURER(S) AFFORDING COVERAGE NAICM INSURER A: Twin City Fire Insurance 29459 PREMISES Ea occrarence S INSURED Alan Plummer Assoc., Inc. 1320 S UNIVERSITY DR FORT WORTH, TX 76107 INSURER B: INSURER C: GENERAL AGGREGATE 6 GEN'L AGGREGATE POLICY INSURER D: INSURER E $ NSURER F: AUTOMOBILE 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. INSR LTR TYPE OF D POLICY NUMBER POLICY EFF MM/DD POLICY EXP AMID UNITS GENERAL LABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F -I OCCUR P. O. BOX 2008 AUTHORIZED REPRESENTATIVE 162513th StreetCc.. EACH OCCURRENCE S PREMISES Ea occrarence S MED EXP (Any one person) $ PERSONAL S ADV INJURY $ GENERAL AGGREGATE 6 GEN'L AGGREGATE POLICY LIMITER: PRO- RO APPLIES LOC PRODUCTS-COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Ee accidmA BODILY INJURY (Per person) S BODILY INJURY (Par accident) $ PROPERTYDAMAGE S PER ACCIDENT S UMBRELLA LIAR EXCESS LAB OCCUR CLAIMS4AADE EACH OCCURRENCE S AGGREGATE S DED I I RETENTIONS Is A WORKERS COMPENSATION AND EMPLOYERS' LABILITYDRYLIM ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? F`N]MIA (Mandatory In NH) Ries, describe under DESCRIPTION OF OPERATIONS below 94WBGBT3866 01/01/2014 01/01/2015 X I WC STATU- OTH- PR EL EACH ACCIDENT $ 1,000,08 EL. DISEASE - EA EMPLOYEE S 1,080,08 EL DISEASE -POLICY LIMIT S 1,008,08 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (Attach ACORD 101, Addltlonel Remarks Schedule, If more space Is required) RE: Lubbock Bailey County Well Field Disinfection System Construction Administration - APAI # 2013-008-01 CERTIFICATE HOLDER CANCELLATION CITYOFL 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. P. O. BOX 2008 AUTHORIZED REPRESENTATIVE 162513th StreetCc.. Lubbock, TX 79457 ACORD 25 (2010106) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 84WBGBT3866 Endorsement Number: Effective Date: 01/16/2015 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Alan Plummer Assoc., Inc. 1320 South University Drive Fort Worth, TX 76107 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us. Countersigned by Authorized Representative WC 00 03 13 Printed in U.S.A. Process Date: 01/16/2015 Policy Expiration Date: 01/01/2016 ACQRO® CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDIYYYY) 01/16/2015 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 policy(ies) 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 lieu of such endorsement(s). PRODUCER CONTACT NAME Marsh Sponsored Programs a service of Seabury & Smith, Inc. 701 Market Street, Ste. 1100 PHONE I FAX (EA.IMCA0, 800-338-1391 A/c No:888-621-3173 ADDRESS:acecclientrequest@marsh.com INSURERS AFFORDING COVERAGE NAICt St. Louis NO 63101 INSURERA: Sentinel Insurance Company Ltd 22903 PREMISES Eaeccunenee S INSURED Alan Plummer Assoc., Inc. INSURER 0: INSURERC: Me Glynda Kendall 1320 South University Drive Fort Worth, TX 76107 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRlumma TYPEOFINSURANCE OL SUB POLICY NUMBER POLICY WYY MMIDY� LIMITS AUTHORIZED REPRESENTATIVE r/J(f��UkgVAp/'' GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLNMSMADE OCCUR EACH OCCURRENCE $ PREMISES Eaeccunenee S MED EXP (Any one person) s PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE UMF APPLIES PER. ]PRO. 7 LOC 17 POLICY JECT PRODUCTS -OOMP,OP AGG S S AUTOMOBILE LIABILITY ANY AUTO ALLONNED SCHEDULED AUTOS AUTOS HIREDAUTOS NON4WNED AUTOS COMBINED aED s (EaEIN SINGLE LIMA BODILY INJURY (Per person) s BODILY INJURY (Per aceidarn) $ Per amdent 5 S UMBRELLAUABOOCUR EXCESS LIAR CLAIMSMADE EACH OCCURRENCE $ AGGREGATE $ DED I RETENTIONS s A WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETORMARTNERIEXECUTIVE� OFFICERAAEMBER EXCLUDED? (Mandatory in NH) If yes tlesaba under DESL-RIFrION OF OPERATIONS below, NIA Y 84WBGBT3866 01/01/2015 01/01/2016 X VuC STATU. CTH- I IT EL EACH ACCIDENT $1,000,000 EL DISEASE - EA EMPLOYEE $1,000,000 EL DISEASE - POUCY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATDNSI VEHICLES (Attach ACORD 101, AddlEonal Remarks Schedule, 0 more space Is required) RE: Lubboc, _ :all Field Disinfection System Construction - Adr. - - .i-008-01 Waiver of STu .;cac _.,.. .> _.eluded as required by written contract. WCWoS CERTIFICATE HOLDER CANCELLATION ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 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. P. O. BOX Stre 1625 13th Street AUTHORIZED REPRESENTATIVE r/J(f��UkgVAp/'' Lubbock, TX 79957 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD