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HomeMy WebLinkAboutResolution - 2005-R0383 - Contract - Alan Plummer Associates Inc.- Water Treatment Plant Slude Handling - 08_25_2005Resolution No. 2005-RO383 August 25, 2005 Item 40 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for engineering services for water treatment plant sludge handling improvements, by and between the City of Lubbock and Alan Plummer Associates, Inc. of Fort Worth, Texas, 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 this 251" day of August, 2005. ARC YCDOUGAL, MAYOR ATTEST: 1 C" Reliecca Garza, City Secretary APPROVED AS TO CONTENT: Sherry Stephens Interim Director of Water Utilities APPROVED AS TO FORM: hn M. Knight, As stant Ci6 Attorney gslccdocs/res-Contract-Alan Plummer Assoc Inc. August 15, 2005 CONTRACT NO. Resolution No. 2005-RO383 Alan Plummer Associates, Inc. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between Alan Plummer Associates, Inc, (the "ENGINEER"), and the City of Lubbock (the "OWNER"), for Professional Services generally described as: Municipal Engineering Services Article I Scope of Services The Scope of Services is set forth in Attachment Al, Task Order 1, which may be supplemented from time to time by mutual agreement of the parties. Article II Compensation The ENGINEER's compensation is set forth in Attachment Al, Task Order 1 which may be supplemented from time to time by mutual agreement of the parties. Article Ili Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Time of Payment Unless otherwise modified in a specific Task Order, monthly invoices will be issued by the ENGINEER for all work performed under this AGREEMENT. Invoices are due and payable on receipt. Upon completion of services enumerated in Article I, the final payment of any balance will be due upon receipt of the final invoice. B. Interest Interest at the rate of 1.0 percent per month, or that permitted by law if lesser, will be charged on all past -due amounts starting 30 days after date of invoice. Payments will first be credited to interest and then to principal. In the event of a disputed of contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The OWNER will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. If the OWNER fails to make payment in full to ENGINEER for services within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to OWNER, 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 OWNER for delays or damages caused the OWNER because of such suspension of services. Article IV Obligations of the Engineer A. General The ENGINEER will provide OWNER with professional engineering under this AGREEMENT. Providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time such services are performed. ENGINEER will reperform any service not meeting this Standard of Care without additional compensation. C. Subsurface Investigations In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. Such changed conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Engineer's Personnel at Construction Site During construction based upon the ENGINEER's plans or specifications, the ENGINEER shall provide resident project representation, in accordance with the OWNER's request and the ENGINEER's recommendations, and shall reviewthe work of the construction contractor(s) involved and report to the OWNER and to the construction contractor's opinions of the contractor's fulfillment of these recommended actions or adherence to plans and specifications. The ENGINEER's resident representative shall endeavor to protect the OWNER against defects and deficiencies in the work and to assure the work is carried out in conformance with plans and specifications. However, the ENGINEER neither guarantees the performance of the contractor(s) norassumes responsibility for contractor's failure to perform work in accordance with the Contract Documents. The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any CAatest Lubbock -Master Agreement_05102005.doc Page 1 of 6 way responsible for those duties that belong to the OWNER and/or the OWNER's construction contractors or other entities, and do not relieve the construction contractors or any other entity of 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 or safety precautions required by such construction work. 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 or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor or other entity or any other persons at the site except the ENGINEER's own personnel. E. Opinions of Probable Cost, Financial Considerations, and Schedules In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the OWNER's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. F. Construction Progress Payments Recommendations by the ENGINEER to the OWNER for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the monies paid; that title to any of the work, materials, or equipment has passed to the OWNER free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the OWNER and the construction contractor that affect the amount that should be paid. G. Record Drawings Record drawings are defined as the drawings produced by the ENGINEER's modification of the original design drawings to reflect the "as -built" changes following construction. Record drawings, if required, will be prepared, in part, 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. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. Record drawings for each construction contractwill be completed by the ENGINEER within 60 days of receiving the final "mark-ups from the Contractor(s) or others. H. OWNER -Specified Subcontractors The ENGINEER will comply with the OWNER's directives in utilizing the services of OWNER -specified subcontractors. Access to ENGINEER's Accounting Records The ENGINEER will maintain accounting records, in accordance with generally accepted accounting principles and practices, to substantiate all invoiced amounts. These records will be available to the OWNER during the ENGINEER's normal business hours for a period of 1 year after the ENGINEER's final invoice for examination to the extent required to verify the direct costs (excluding established or standard allowances and rates) incurred hereunder. J. ENGINEER's Insurance The ENGINEER will maintain throughout this AGREEMENT the following insurance: (a) Workers' Compensation and Employer's Liability Insurance: ENGINEER shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, ENGINEER shall maintain said coverage throughout the term of this Lease and shall comply with all provision of Title 5 of the Texas Labor Code to ensure that the ENGINEER maintains said coverage. Any termination of workers' compensation insurance coverage by ENGINEER or any cancellation or non -renewal of workers' compensation insurance coverage for the ENGINEER shall be a material breach of this contract. The ENGINEER may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Employer's Liability with limits of at least $500,000 each accident, $500,000 by disease policy limit, and $500,000 by disease each employee shall also be obtained and maintained throughout the terms of this Lease. (b) Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, nonowned, or hired vehicles, with $1,000,000 combined single limits. (c) Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of the ENGINEER or of any of its employees, agents, or subcontractors, with $1,000,000 per occurrence and in the aggregate. (d) Professional liability insurance of $1,000,000 per occurrence and in the aggregate, including contractual liability per Article VI.H, General Legal Provisions, Indemnification. C:Ilatest Lubbock_Master Agreement_05102005.doc Page 2 of 6 (e) The OWNER will be named as an additional insured with respect to the ENGINEER's liabilities and ENGINEER's insurance will be primary as respects the additional insured hereunder in insurance coverages identified in items "b" and "c," and the ENGINEER waives subrogation against the OWNER as to said policies. Article V Obligations of the Owner A. OWNER -Furnished Data The OWNER will provide to the ENGINEER all technical data in the OWNER's possession relating to the ENGINEER's services on the PROJECT. The ENGINEER will rely upon the accuracy, timeliness, and completeness of the information provided by the OWNER. B. Access to Facilities and Property The OWNER will make its facilities accessible to the ENGINEER as required forthe ENGINEER's performance of its services and will provide labor and safety equipment as required by the ENGINEER for such access. The OWNER will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the OWNER's facilities as may be required in connection with the ENGINEER's services, unless otherwise agreed to. The OWNER will be responsible for all acts of the OWNER's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the OWNER will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, province, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The OWNER will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the OWNER deems appropriate. E. Prompt Notice The OWNER will give prompt written notice to the ENGINEER whenever OWNER observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER. The ENGINEER will give prompt written Notice to the OWNER whenever the ENGINEER observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances and Indemnification If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT, will notify the OWNER to permit testing and evaluation and will resume work only upon notice from the OWNER. G. Contractor Indemnification and Claims The OWNER agrees to include in all construction contracts the provisions of Article IV.D., the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the OWNER and the ENGINEER for contractor's negligence. H. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the OWNER. All such services required or requested of the ENGINEER by the OWNER, except for suits or claims between the parties to this AGREEMENT, will be reimbursed as mutually agreed. I. Changes The OWNER may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. J. Services of Engineer Unless this AGREEMENT is modified or terminated, the OWNER will have all services specified in this AGREEMENT performed by the ENGINEER, employing ENGINEER's standard form and content of drawings and Contract Documents, all subject to the OWNER's review and approval. Article VI General Legal Provisions A. Authorization to Proceed Execution of this AGREEMENT by the OWNER will be subject to separate authorization for ENGINEER to proceed with the work. B. Ownership of Documents (a) All instruments of service (including but not limited to, specifications, drawings, reports, designs, computations, computer programs, surveys, other data or similar work items, completed or partially competed) shall be prepared and submitted by ENGINEER to OWNER for approval. All instruments of service shall be sealed as may be required by law or by the OWNER. (b) All of ENGINEER's instruments of service underthis Agreement shall be the property of the OWNER, to be used as OWNER desires, and ENGINEER specifically waives and releases any proprietary rights or ownership claims therein. Copies of C:Vatest Lubbock_MasterAgreement_05902005.doc Page 3 of 6 instruments of service may be retained by ENGINEER. ENGINEER shall be liable to OWNER for any loss or damage to any such documents while they are in the possession of or while being worked upon by the ENGINEER or anyone connected with ENGINEER, including agents, employees, consultants or subcontractors. All documents so lost or damaged shall be replaced or restored by ENGINEER without cost to OWNER. (c) Upon completion of the construction of the Project, ENGINEER shall, within thirty (30) calendar days following final inspection, deliver to OWNER copies of all significant instruments of service. (d) ENGINEER shall have no liability for changes made to the instruments of service by other contractors subsequent to the completion of the PROJECT. Any such change shall be identified in writing by the contractor making that change and shall be appropriately marked to reflect what was changed or modified. ENGINEER shall have no liability for any use by OWNER of the instruments of service, for unintended purposes, subsequent to completion of the PROJECT. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER. D. Limitation of Liability To the maximum extent permitted by law, the ENGINEER's liability for OW NER's damages for any cause or combination of causes will, in the aggregate, not exceed the limits of the professional liability insurance required to be maintained by the ENGINEER under this AGREEMENT. This article takes precedence over any conflicting article of this AGREEMENT or any document incorporated into it or referenced by it. E. Termination This AGREEMENT may be terminated for convenience on 30 days' written notice, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. On termination, the ENGINEER will be paid for all authorized work performed up to the termination date and, only if terminated for convenience of the OWNER, the ENGINEER will be paid reasonable termination expenses. All completed work will be delivered to OWNER upon payment. F. Suspension, Delay, or Interruption to Work The OWNER may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the OWNER. In the event of force majeure or such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. G. No Third -Party Beneficiaries This AGREEMENT gives no rights or benefits to anyone other than the OWNER and the ENGINEER and has no third -parry beneficiaries. The OWNER will include in each agreement it enters into with any other entity or person a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. H. Indemnification (a) The ENGINEER agrees to indemnify and defend the OWNER from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, corporations, officers, and subcontractors in connection with the PROJECT. (b) The OWNER agrees to indemnify, to the extent permitted by law, and defend the ENGINEER from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the OWNER, its employees, or agents in connection with the PROJECT. (c) If the negligence or willful misconduct of both the ENGINEER and the OWNER (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the OWNER, to the extent authorized by law, in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply for such proportion. I. Assignment Neither party will assign all or any part of this AGREEMENT without the prior written consent of the other party which should not be unreasonably held. Consequential Damages In no event shall the OWNER or ENGINEER, officers, employees, or subcontractors be liable for special, indirect, or consequential damages, and in order to protect each against indirect liability or third -party proceedings, each will indemnify, to the extent authorized by law, the other for any such loss or damage. C:llatest Lubbock —Master Agreement 05102005.doc Page 4 of 6 K. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties means the OWNER and the ENGINEER, and their officers, employees, agents, and subcontractors. The parties also agree that neither the ENGINEER nor the OWNER will seek damages in excess of the limitations indirectly through "Mary Carter" agreements or suits with other parties who may join the litigation as a third -party defendant, including, without limitation, any causes of action which arise out of any of the parties' performance of this Agreement. L. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. M. Disclaimer of Warranties The ENGINEER specifically excludes any warranties, express or implied, which may arise by statute, common law, or equity. The excluded warranties include, but are not limited to, the implied warranty that work or professional services will be performed in a good and workmanlike manner, and the implied warranty of fitness for a particular purpose. N. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VU., VIX, VI.N., and VI.O. shall survive termination of this AGREEMENT for any cause, to the extent authorized by law. O. Venue This AGREEMENT shall be enforceable in Lubbock County, Texas, and, if legal action is necessary by either party with respect to the enforcement of any or all of the terms and conditions herein (and specifically including any Attachments or Exhibits hereto), exclusive venue for same shall lie in Lubbock County, Texas. P. Notices (a) All notices and correspondence to OWNER by ENGINEER shall be mailed by registered or certified mail or delivered as follows: City of Lubbock Attention: 1625 13'" Street Lubbock, Texas 79401 (b) All notices and correspondence to ENGINEER by OWNER shall be mailed by registered or certified mail or delivered as follows: Alan Plummer Associates, Inc. Attention: Mr. David A. Gudal, P.E. Principal 7524 Mosier View Court, Suite 200 Fort Worth, Texas 76118 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment Al - Task Order No. 1 Exhibit A - 2005 Hourly Fee Schedule By mutual agreement, additional Task Orders may be issued in the future under this AGREEMENT to cover additional services not provided in Task Order No. 1 attached hereto. C:\IatestLubbock—MasterAgreement-05102005.doc Page 5 of 6 For Alan Plummer Associates, Inc. C David . Gudal, P.E. Principal For the City of Lubbock, Texas Approved As To Content '-e rJ Sherry Stephens Interim Director of Water Utilities Approved As To Form Dona andi er Attorney of Counsel �� V&Lj�- - Ames L. Altstaetter, P.E. Principal Rebecca Garza City Secretary F:lprojects1425105011ProjectMgmtlContracts%Lubbock_Master Agreement_05102005.doc Page 6 of 6 ALAN PLUMMER ASSOCIATES, INC. ATTACHMENT A Task Order No. 1 This Task Order is part of the AGREEMENT between Alan Plummer Associates, Inc. (APAI) (the "ENGINEER"), and the City of Lubbock (City) (the "OWNER"), for a project generally described as: Engineering Services for Backwash Return and Sludge Handling Improvements at the City of Lubbock Water Treatment Plant The purpose of this Task Order is as follows: pipeline, existing electrical supply details), a plat of the TSR site, and the total volume of sludge currently A Preliminary Evaluation of backwash return and sludge being transported from the water treatment plant to handling options at the City's water treatment plant. the City's landfill. Article I Scope of Services The ENGINEER agrees to furnish the OWNER the following specific services: BASIC ENGINEERING SERVICES Item A. Consult with OWNER: (1) to review the scope of work, (2) to verify the OW NER's requirements forthe project, and (3) to review available data. B. Advise OWNER as to the necessity of OW NER's providing or obtaining data or services from others, and assist the OWNER in connection with any such services. C. Prepare a flow chart showing key project milestones. The flow chart will be updated periodically and sent to the OWNER. D. Feasibility Study Prepare a Preliminary Evaluation as follows: Collect data necessary to complete the evaluations. Data to be collected will consist of historical daily raw water flow and turbidity (turbidity into both the terminal storage reservoir and into the plant if available), daily settled water turbidity, daily coagulant usage, daily combined filter waterturbidity, daily backwash volume, and any ICR or other cryptosporidium test results on the City's raw or finished water. In addition we will need to collect several backwash turbidityrFSS profiles at one -minute intervals and corresponding turbidity/TSS profiles of the return backwash waste flow into the Terminal Storage Reservoir (TSR). Other data needed will include copies of existing construction plans at the water treatment plant (to identify potential conflicts and establish piping/basin sizes and locations, the routing of the existing waste backwash return 2. Based on the turbidity and flow data collected in Paragraph 1 above, calculate a theoretical solids loading into the TSR from the backwash return flows. Also determine the feasibility of disposing all of the plant sludge on the TSR site. 3. Develop a topographic map of the bottom of the TSR to determine the actual sludge accumulation and estimate the sludge volume being contributed by the raw water. 4. Estimate the TSB sludge -cleaning interval based on the actual accumulation rates. 5. Determine the feasibility and requirements for disposing the sludge from the TSR on the remainderof the TSR site. Identify the necessary steps required to register the TSR site with the TCEQ for sludge disposal (both TSR sludge and water treatment plant sludge). 6. Develop preliminary opinions of cost for cleaning the existing sludge from the TSR and disposing it on the TSR site. 7. Evaluate three (3) options for handling the plant's waste backwash flows: (1) leave the system as it is, (2) construct a new waste backwash recovery basin with sludge decanter, new return pump station, a new sludge pump station, and add a decanter to the existing basin. This option will enable the plant to separate the sludge from the waste backwash return flows. And, (3) construct a parallel waste backwash return pipeline to the terminal storage reservoir. Preliminary layouts and sizings of necessary facilities will be developed along with preliminary opinions of both capital and annual operating costs for each option. 8. Identify and quantify with the City staff the benefits of each option and perform a cost/benefit evaluation. Prepare a project implementation plan. F:lprojects142510501IProjectMgmtlContractslLubbock_Task Order 1.doc Page 1 of 3 9. Prepare six (6) copies of a preliminary DRAFT report for review by the City, and twenty (20) copies of the FINAL Report. Make a presentation of the final report to the City Staff. 10. Based on the data shown on existing plans, prepare a multi -leveled CAD piping/electrical conduit drawing of the water treatment plant. The drawing will be a composite of previous plans showing the location and size of all water and sludge pipelines, chemical lines, and electrical 1 instrumentation conduits that can be determined from the previous construction plans and confirmed by plant staff. A large scale wall size drawing will be produced and an AutoCAD file of the drawing will be provided to the City. 11. Make three (3) full day visits to the project to collect data, meet with the City and other necessary entities regarding the project, and to give project status reports or present preliminary or final findings. 12. Conduct a Quality Control workshop in Lubbock to review the project. 13, The FINAL DRAFT Report will be submitted to the City within 90 calendar day of a Notice To Proceed issued by the City. The FINAL Report will be submitted to the City within 3 weeks of receiving the City's final comments. ADDITIONAL SERVICES Additional services to be performed by the ENGINEER, if authorized by the OWNER, which are not included in the above -described Basic Engineering or Special Services., are described as follows: A. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. B. Revisions and changes required by OWNER after approval of the final report. C. Providing additional copies of reports. D. Preparing Environmental, Archeological Surveys, Impact Assessments, or Statements, Storm Water Discharge Permits, and 404 Permit Applications except as specifically included in the Basic or Special Services. E. Evaluation or survey of the CRMWA storage reservoir, F. 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 OWNER. G. 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 or inventories required for certification of force account construction performed by the OWNER, H. Attending additional meetings as requested by OWNER. Provide expert witness testimony as required for condemnation hearings, including the preparation of engineering data and reports. J. Any other additional services that may be required by the OWNER for completion of the project that are not included in the Basic Services. Article II Compensation BASIC SERVICES Compensation by the OWNER to the ENGINEER for all Basic Services enumerated in Task Order No. 1 will be on a lump sum basis as follows: Items A.-D. Feasibility Study The Lump Sum of $85,499 ADDITIONAL SERVICES Items A - J. Additional Services Additional Services, which may be required by the OWNER, shall be based on the actual hours and costs in accordance with Exhibit "A." No work will be undertaken on this item without specific written authorization from the OWNER. Other Provisions The following provisions shall apply to this Task Order: 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 those portions of the lump sum affected by the time change. F:lprojectsl4251050INProjectMgmt\Contracts\Lubbock—Task order 1 doc Page 2 of 3 This Task Order No. 1 will become part of the referenced AGREEMENT when executed by both parties. IN WITNESS WHEREOF, the parties execute below: For the OWNER,City of LW66ock dated this 25th day of August 2005. By: Name i Title ATTEST: 1 Naene Rebecca Garza, City 5 retary ATTEST: Name wwn Title 4 ! day of 2005. F:lprojects142510501IProjectMgmt\Contracts\Lubbock_Task Order i.doc Page 3 of 3 08/04/2006 20:15 2145038899 MCLAUGHLIN BRUNSON PAGE 01 ACORD CERTIFICATE OF LIAI:5ILITY INSURANCE TO'8/03/2005S PRODUCCR McLaughlin Brunson Insurance Agency THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 9535 Forest Lane HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 118 ALTER THE COVERAGE: AFFORDED BY THE POLICIES BELOW. Dallas TX 75243 INSURERS AFFORDING COVERAGE INSURED Alan Plummer Associates, Inc. -INSURER : United States Fide(ity and Guaranty Com an 7524 Mosier View Court INSURER B: XL S ecial Icsumnce COni an I $Tlite 200 NSURER C; Fort Wortb TX 76118 INSURER D; INSURER f`rwimp a rmn THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TH : INSURED NAMED A13OVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTt ER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE; ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE; ) HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY P %ID CLAIMS, I"R InE OF LNSU NGE POLICI NUMBER POLICY EFFECTIVE POLICY EXPIRATIONJjL LIMITS OENERALUABIUTY X MERCLAL GENERAL LIABILITY CLAIMS MADE � OCCUR X ContTachuTd Liab 3K01401051 06/1512005 06/15/2006 EACH OCCURRENCE P 1,000,000 FAE DAMAGE {Any one Of 1,000 00 MED EXP (Any one elxan L 10,000 PeRSONLI d ADV INJURY 1,000 000 XC I XCU Covered -WLNERAL AGOBEIIIIIATE E 2,000 000 GE 'L AGGRE"TE LIMIT APPLIES PER.: POLICY rX PRO PRODUCTS - COMPIOP AGO 6 2,000,000 A A MOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON•CwNED AUTOS There are No Owned BKO1401051 06/15/2005 06/1512006 COMBINED SMGLE LIMIT (Ea seddonq $ 1,000,000 BODILY INJURY {Par parson) S X BODILY INJURY (Per aeddonl) S X Y PROPERTY DAMAGE IPar accident} S Autos GARAGE UABILRY ANY AUTO • AUTO ONLY • EA ACCIDENT OTHER THAN F.AACC AUTO ONLY: A GO r rUSLIABILITY T OCCUR ❑ CLA!MS ntADE DEDUCTIBLE RETENTION s _ :BK.p1401051 06/1512005 06/15/2006 EACH OCCURRENCE 21000,000 AGGREGATE: s 2,000,000 WORKERS COMPENSATION AN 0WC BMPLOYERS LNBILrrY STAT�UZ4 DTH- E.I EACH ACCIDENT E E.L. DISEASE - EA E PI-Wa E.L. DISEASE. PLIMIT B OTHER Professional Liability I DPR9411437 05/09/2005 05/09/2006 1,000,000 Per Claim/ Annual Aggregate 099CRIPTION OF OPERATIONWLOCArDNSNMCLFSMXCLUSIONS ADD€D BY ENDORBENI NTISPECIAL PROMIONS RE: Municipal EngineeTing Services - APAI # 425-0501 - The cl bras made professional liability coverage is the total aggregate limit for all Claims presented within the policy period am:. is subject to a deductible. City of Lubbock is shown as an additional insured with waiver of subrogation on the general, auto I nd umbrella liability coverages Rs required by written contract. CERTIFICATE HOLDER I I_ADDITIONAL INSURED INSURER LL-RER: —• City of Lubbock Attn: Jenny 1.625 13tb Street Lubbock TX 79401 GANUXLLATION SHOULD ANY OF THE AF)OVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERFOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRnnN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 50 SHALL IMPOSE NO OBLIGATION OR UABILfrr OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIYES. AUTHORIZED REPREdENTATNE ACORD 25-S (719T) ® ACORD CORPORATION 1988 08/03/2005 15:56 FAX 1 888 621 3173 ACEC THE PRO SHOP la 002/002 mom, CERTIFICATE OF LIABILITY INSURANCE pL°� o� wl-E IrIIMDomrrTl oe as os IMIODLICrA ACgC/MAgSX 800 Market St, Ste. 2600 St. Louis NO 63101-2500 Flume:500-335-1391 rax:888-621-3173 THIS GEATIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXFEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC0 INSURED Algn Pllml Mer Assoc., Inc. At G = s - "nV* Lona 7524 Bier Vieew Court.Sts.200 Fort North = 76128-7220 INSURERA--- Sartford Insurance C2M&ny 22357 IwSuItER e� INSURER C: INSURER 0: INSURER E: COVERAGES THE POLIC" OF INSURANCE LISTED BELOW WAVE 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. TX§ INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BED REDUCED BY PAID CLAIMS- r63K LTR S TYPE OFINSURANCE POLICY NUMBER POLO" rFpihGTfv;E DATE POLICY DATE UPS GENERAL UA6KJTY COMMERCIAL GENERAL LIABILITY CLAIMS MADE EOCCUR EACH OCCURRENCE Ii PREMISES Ee S IE:D EIIP (Any we person} i PERSONAL A ADV INJURY s —_—_ GENERAL AGGREGATE i GRN'L AGGREGATE LIMIT APPLIES PER! POLICY jpm E LOC PRODUCTS - COMP)OP AGG i AUTOMOBILE LIABILITY ANY AM ALL OWNED A1R05 SCHEDULED AUTOS WRAD AUTOS NON4OWNFJ3AUTOS COMOIINE.DII INOLE LIMIT a s BODILY fI1JURY OW pmon) i BODILY INJURY 1W eadaeny i PROM." F Y FERd gDAR4469 _ OARAGE LIABaJTY ANY AIJTO AUTO ONLY - 6A ACCIDENT i 0y"w THAN EA ACC AUTO ONLY: AGG S I EIIOESSAUMBRELLA LIABMJTV OCCUR ClA1M3 MADE DEDUCTIBLE RETENTION Z EACH OCCURRENCE S AGGREGATE : s i i A WORKERS COMPENSATION AND EMPLCYEWUABILITY AHIY FMlOF'WJE rARTNMEAD ECtYflYE Of��EJt/MEL6eR L`KCLUOE07 Wdesalbe under AL F10051UNS pelaw 94WBGF19320 11/01/04 11/01/05 WCSIEITH- TORY LI ITB ER E.L. EACHACGIDEFIT $1,000,000 E.L. DISEASE - EA EMPLOYEEs 1, 0 0 0 , 00 0 S.L. DISEASE - POLICY LIMIT a 1 0 0 0 , a 0 OTHER DESd11PTIDN OF OPERATIONS I LOCATIONS / VEMLE81 EXCLUSIONS ADDED BY E NOORSENIENT I SPECIAL PROVISIONS REM 7[MICIPAL WGINNERING SERVICES, A.PAI NO. 425-0501. A WAIVER OF SUBROGATION IS INCLUDED IN FAVOR OF TEN CERTIFICATE HOLDER. W.CKIIrI6AIC MULUCK CITY OF LUBBOCK ATTN : JMM 1625 13TH STRZET LUBBOCK TX 79401 CTYLUBB I SHOULD AHY OF THE ABOVE DESCRIBFP POUCIES BE LANCE[ I BEFORE THE DATE THEREOF. THE =wNG INsUREN WILL ENOEAvgRTo MAIL 30 *Ays WIBT[EN NOTICE TO THE GERTIMATI! HOLDER NAMED TO THE LEFT, BUT fAILLMS TO DO SO SHALL DOSE NO OSLIOATION OR LIABILITY OF ANY FOND UPON THE: INSURER ITS A GEw1:1 OR REPRESENTATIVES. fA" 2512001 M 01 AUG 03 2005 3:57PM HP LRSERJET 3200 �.1 GENERAL CONDITIONS AND SPECIFICATIONS FOR REQUEST FOR QUAL F1CAT CtNS OF EMMGY SERVICE COMPANIES FOR PERFORMANCE CONTRACTING (ET MITY CONSERVATION AND COST REDUCTION SERVICES) ADDENDUM # 1 Issued Nov. 24, 20a4 REQUEST FOR QUALIFICATIONS Page 2, No, 3 Add the following: The selected company may be requested to look at additional City facilities or item widtin the City's operationsut a later date. RESPONDENT'S SUBMMAL Page 12 Add the following: TAB 12.. PROM& T* BLDM Provide a pmject,schedulo;•hy phases, from the date of contract approval through completion of project TAB 13. ADDITIONAL PROJECTS List other projects or pungra#9 that provide additional cost reduction measures that could possibly be ineorporatod i ltd a comprehensive conservation program to benefit the City of Seguin i.e. water and elacUk AMR metering, plaayiig 6eld/building lighting, cu. U 94