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HomeMy WebLinkAboutResolution - 2012-R0486 - Agreement - Alan Plummer Associates Inc. - 12_17_2012Resolution No. 2012-RO486 December 17, 2012 Item No. 5.6 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OFT E CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereb,, authorized and directed to execute for and on behalf of the City of Lubbock. a Proli:ssional Services Agreement, by and between the City ofLubbock and Alan Plummer Associates, Inc. (the "1 ngincer"), a Texas corporation, and all related documents. Said Resolution is attached hereto and incorporated in this Resolution as If fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this December 17 2012. GI, C. RO RTSON, MAYOR ATTEST: -AQ, Re ecc, Garza, City Secretary APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operating Officer j l Aubrey Spear, of Water Resources RCti-PFt�I Snti A -'I II I I I I-r\Iill I Plummer:\tia�aa alc� Ens 1' 3 1 Ak �� CERTIFICATE QF LIABILITY INSURANCE °" 2/3/20 2 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 McLau McLaughlin Brunson Insurance Agency, LLP g g Y• 6600 LBJ Freeway, Suite 220 CONTACT NAME: Patrick P t[cLau hlin Z. FAX N EMt: (214) 503-1212 AC No: E-MAIL ADDRESS: Dallas TX 75240 INSURERS AFFORDING COVERAGE NAIC t INSURERA:Travelers indemnity Company 25658 INSURED Alan Plummer Associates, Inc. INSURER B: Charter Oak Fire Insurance Co. 25615 INsuRERc:XL Specialty Insurance CompanyComppny 37885 INSURER0:Travelers Lloyds Ins. Company 41262 1320 S. University Drive, N300 INSURERE: Fort Worth TA 76107 INSURER F COVERAGES CERTIFICATE NUMBER: Cart ID 15897 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADD imim UB POLICY NUMBER M LN:Y EFF POUCYEXMMIDDI YY LIMITS GENERALLIABILITY EACH OCCURRENCE $ 11000,000 DAMAGE TO RENTEff- PREMISES Maocwnence $ 1.000,000 D Z COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F—x1 OCCUR Y Y PACP1996L981 valPapers-$1, 000, 000 6/15/2012 6/15/2013 MED EXP(Any oneperaan) $ 10,000 PERSONAL dADVINJURY $ 11000,000 Z X, C, U Coverage Z Contractual Liab. GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOPAGG $ 2,000,000 POLICY % PRO-GT LOC $ AUTOMOBILE LIABILITY COMBINED SIN LI Ea accident 1,000,000 BODILYINJURY(Perperson) $ B ANY AUTO Y Y BA2003L924 6/15/2012 6/15/2013 ALL OWNED SCHEDULED AUTOS AUTOS No Owned Autos BODILY INJURY (Per accident) $ JX NON -OWNED AUTOS x AUTOS PROPERTY DAMAGEHIRED Peraccident$ A UMBRELLA LIAR S OCCUR Y Y CUP6428Y427 6/15/2012 6/15/2013 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 41000,000 EXCESSLUIB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- I ER AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTN€RIEX€CUTIVE OFFICERJMEMBER EXCLUDED? ❑ N 1 A E.L. EACH ACCIDENT 5 E.L. DISEASE -EA EMPLOYEE S (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Professional Liab N Y DPR9693889 5/9/2012 5/9/2013 Per Claim/Annual $ 2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddNlonal 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 subject to a deductible. 30 Days Notice of Cancellation in favor of the certificate holder. City of Lubbock is shown as an additional insured on the general, auto and umbrella liability coverages as required by contract. General liability coverage is on a primary and non-contributory basis. Umbrella liability follows form. Auto liability coverage is on a primary basis. A waiver of subrogation is shown in favor of the additional insured on all policies as required by contract. RE- Direct Potable Reuse Study - APAI No. 2011-275-00 City of Lubbock Attar Aubrey Spear, P.H. P.O. Box 2000 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. AUTHORIZEDOR�ZED REPRESENTATIVE 1 f ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Page 1 of 1 PLUM-02 OP ID: JMC A4% R CERTIFICATE OF LIABILITY INSURANCE DAT12/03DIYYYY) 2/03112 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 endorsements . CONTACT PRODUCER 800-338-1391 NAME: ACECIMARSH PHONE F 888$21-3173 701 Market St., Ste. 1100 Aic No Ex , AIc No): St. Louis, MO 63101 EDRE Sharon L. Zach ADDRESS: INSURER A: Twin CI Fire Insurance 29459 INSURED Alan Plummer Assoc„ Inc. INSURERB: Ms. Anne Lemmons 1320 South University Drive nrsuReR c Fort Worth, TX 76107 INSURER O : INSURER E : INSURER F : rnVFRAr.FS rFRTIFICATF IJIHIARFR- RFVLCInN NIIIIARFR- 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFF MM POLICY EXP MMIDO LIMITSLTR GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR EACH OCCURRENCE $ PREMISES Me occurrence S MEG EXP (Anyone person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRO- POLICY LOC PRODUCTS . CCMPIOP AGO S $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Par Person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ S UMBRELLA LIAB EXCESS LIAO HOCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEG I I RETENTION$ $ A WORKERS COMPENSATION MID EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE YIN EXCLUQED9 In NH) yes, descrihe under DESCRIPTION OF OPERATIONS below N I A(Mandatory 84WBGF19231 11/01/12 11/01/13 CSTATU- OTH- CH ACCIDENT - $ 1,000,00OFFICERIMEMBER 7E.L, EASE- EA EMPLOYE S 1,000,00If EASE - POLICY LIMIT $ 1,000,00( DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101. Additional Remarlw Schedule, it more space is required) RE: Direct Potable Reuse Study; APAI No. 2011-275-00- Waiver of Subrogation is included in favor of City of Lubbock. rFRTIFIr-ATF t-Inl nFR rANrFI I ATInN CTYLUBB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lubbock ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Aubrey Spear, P.E. P.O. BOX 2000 AUTHORIZED REPRESENTATIVE Lubbock, TX 79457 O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Resolution No. 2012-RO486 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") for engineering consulting is entered into this 17th day of December, 2012, by and between the City of Lubbock (the "City" or "Owner"), a Texas home rule municipal corporation, and Alan Plummer Associates, Inc. (the "Engineer"), a Texas corporation. WITNESSETH WHEREAS, Engineer has substantial skill and experience in the wastewater system design, water reuse, water quality studies, water treatment, and water system design for municipalities (the "Activities"); WHEREAS, Engineer has demonstrated competence and qualifications to perform the Services, as defined below, and will perform the Services for a fair and reasonable price; WHEREAS, Engineer has been selected by the Texas Water Development Board (TWDB) to perform water research and develop a potable reuse resource document; effort; WHEREAS, other municipalities and water districts are also financially supporting this WHEREAS, the City desires to contract with Engineer to perform services related to the Activities and Engineer desires to provide the services related to same. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Engineer agree as follows: ARTICLE I Services 1.01 Engineer shall conduct all activities and within such time frames, as set forth on Exhibit "A", "Scope of Services", and Exhibit "B", "Payments to Engineer", attached hereto (the "Services") for City's portion of the project Not -To -Exceed amount of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00). Engineer shall have no liability for defects in the Services attributable to Engineer's reliance upon or use of data, criteria, drawings, specifications, or other information prepared by City and furnished to Engineer by City. 1.02 Engineer shall commence work upon written notice to proceed by City with tasks set forth in Exhibit "A". In the event such notice shall occur after December 17, 2012 the time for performance by Engineer for such tasks shall be extended the same amount of days as such notice occurs subsequent to the respective dates. The City Council of the City of Lubbock hereby delegates the authority to provide the prescribed Notice(s) to Proceed to the Director of Water Resources, or his designee. ARTICLE II Compensation and Term 2.01 The consideration to be paid for the Services to be provided the City as described in Article I shall be as indicated in attached Exhibit "B". This amount shall be invoiced to the City monthly as work is performed and based on the applicable hourly rate schedule of the respective firm at the time services are rendered. 2.02 In the event that the TWDB does not issue the Engineer a notice to proceed or terminates their contract, this contract will be terminated. 2.03 In the event City disputes any invoice item, City shall give Engineer written notice of such disputed item within ten (10) days after receipt of such invoice and shall pay to Engineer the undisputed portion of the invoice on or before thirty one (31) days after its receipt. If City fails to pay any invoiced amounts when due, interest will accrue on each unpaid amount at the rate in effect on September 1 of the fiscal year in which the payment becomes overdue, the rate in effect on September 1 being equal to the sum of (i) one percent (1%); and (ii) the prime rate as published in the Wall Street Journal on the first day of July of the preceding fiscal year that does not fall on a Saturday or Sunday, or the maximum amount allowed by law, if less, from the date said payment is overdue until paid according to the provisions of the Agreement. Interest shall not be charged on any disputed invoice item finally resolved in City's favor. Payment of interest shall not excuse or cure any default or delay in payment of amounts due. 2.04 This Agreement shall expire on February 15, 2015. After completion of the initial Agreement term, the Agreement may be renewed for a period not to exceed one year per renewal, under the same terms and conditions and at the sole discretion of the City. City or Owner may terminate this Agreement if the other party hereto defaults on the performance of this Agreement or materially breaches any of its provisions, by providing written notice to the other stating the grounds for such termination and an effective date of such termination, such notice to be given at least thirty (30) days prior to the effective date of termination as provided in such notice. In the event this Agreement is so 3 terminated, the City shall pay Engineer only for services actually performed by Engineer up to and including the effective date of the termination. 2.05 Except for City's payment obligation, neither City nor Engineer shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non -performing party (herein called a "force majeure event") for the period of such delay, so long as the affected party exercises due diligence to relieve or remove such force majeure event. For purposes of this Agreement, such circumstances include, but are not limited to; unusually severe weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Engineer under this Agreement. Should such circumstances occur, the non -performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. ARTICLE III Independent Contractor 3.01 It is understood and agreed that Engineer is to perform the Services in a sound and professional manner and exercising the degree of care, skill and diligence in the performance of the Services as is exercised by a professional engineer under similar circumstances at the time such Services are performed. City shall not be responsible for 4 4.01 discovering deficiencies or defects in the performance of the Services by Engineer. NO OTHER WARRANTY, EXPRESSED OR IMPLIED, IS INCLUDED IN THIS AGREEMENT OR IN ANY DRAWING, SPECIFICATION, REPORT, OR OPINION PRODUCED PURSUANT TO THIS AGREEMENT. Further, Engineer is and shall be considered at all times an independent contractor under this Agreement and/or in its service, hereunder. During the performance of the Services under this Agreement, Engineer and Engineer's employees or its approved subcontractors 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 IV Events of Default/Remedies a. City's Defaults/Engineer's Remedies. In the event the City shall default in the performance of any term or provision of this Agreement for any reason other than failure by Engineer to perform hereunder, Engineer may, if said default shall be continuing after five (5) days notice of such default is deemed received by the City, exercise any right or remedy available to it by law, contract, equity or otherwise. b. Engineer's Defaults/City's Remedies. In the event Engineer shall default in the performance of any term or provision of this Agreement for any reason other than failure by the City to perform hereunder, the City may, if said default shall be continuing after five (5) days notice of such default is deemed received by Engineer, exercise any right or E remedy available to it by law, contract, equity or otherwise, including without limitation, specific performance and/or the right to terminate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. ARTICLE V Insurance/Indemnity 5.01 a. Insurance. Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement and for a period of at least five years following the termination or expiration of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. Engineer shall obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage 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. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: $1,000,000 Professional Liability: Combined Single Limit: $1,000,000 per occurrence ril $2,000,000 annual aggregate Automobile Liability: Combined Single Limit for any auto: $500,000 Per Occurrence The City shall be listed as an additional insured on a primary and non-contributory basis with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under all 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. The additional insured endorsement shall include Products and Completed Operations. Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, The policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. If at any time during the life of the Agreement or any extension hereof, Engineer fails to maintain the required insurance in full force and effect, Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. b. Indemnification. Having considered the potential liabilities that may exist during the performance of the Services, the benefits of the Project, and the Engineer's fee for the 7 Services, and in consideration of the promises contained in this Agreement, Engineer agrees to provide the indemnities set forth herein. Engineer shall indemnify and hold City and City's elected officials, officers, agents, employees and independent contractors harmless, to the fullest extent permitted by law, from and against any and all claims, demands, damages, costs, liabilities and expenses, and including reasonable attorney's fees, as a result of, related to or arising from Engineer's negligent acts, errors, or omissions. ARTICLE VI Miscellaneous 7.01 Engineer shall exercise usual and customary professional care in efforts to comply with all laws, statutes, regulations, ordinances, rules and any other legal requirement in effect at the time Services are performed. 7.02 Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the United States mail, as set forth above. 3 For City Aubrey Spear, P.E. P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-3344 For Engineer: Alan Plummer Associates, Inc. 1320 South University Drive, Suite 300 Fort Worth, Texas 76107 Facsimile: (817) 870-2536 7.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. 7.04 This Agreement represents the entire and sole agreement between the City and Engineer with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings, representations or other agreements, whether written or oral. This Agreement may not be modified or amended except in writing and duly executed by each party hereto. 7.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between Engineer and the City. Z 7.06 If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable, so long as said modification is reasonably within the intent the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. 7.07 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 Section 2.01, above. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Engineer. 7.08 A waiver by either City or Engineer of a breach of this Agreement must be in writing to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. 7.09 Except as otherwise provided herein, neither City nor Engineer may assign or subcontract any part of the Services under this Agreement, in whole or in part, without the consent of the Engineer or Owner's Representative as applicable. City and Engineer each bind itself or himself, their legal representatives and permitted assigns in respect to all provisions of this Agreement. 7.10 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Engineer. 10 7.11 Engineer represents and warrants to City that it has taken all actions necessary to authorize the party executing this Agreement to bind, in all respects, Engineer to all terms and provisions of this Agreement, and that such person possesses authority to execute this Agreement and bind Engineer hereto. 7.12 Engineer shall not be responsible for; (1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the project to which the Services design (the "Project"); (2) the failure of any contractor, subcontractor, vendor, or other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to the City or to comply with federal, state, or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Exhibit "A", Scope of Services. 7.13 Anything herein to the contrary notwithstanding, title to, ownership of, and legal responsibility and liability for any and all pre-existing contamination shall be determined in accordance with all applicable statutes, regulations, rules, orders and ordinances. 7.14 The performance of City hereunder shall be at all times conditioned upon the appropriation of sufficient funds by the City Council of the City of Lubbock. In the event that such funds are not so appropriated by the City Council, such shall not be considered a breach of this Agreement by the City. 7.15 The authority to act as Owner representative, as contemplated herein, is hereby delegated by the City Council of the City to the Director of Water Resources, or his designee. 7.16 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 11 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, the former shall control. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. 12 ALAN PLUMMER ASSOCIATES, INC. ELLEN T. MCDONALD, PRINCIPAL CITY OF LUBBOCK GL . ROBERTSON, MAYOR ATTEST: P AAu-, Rebecc Garza, City Secreta APPROVED AS TO CONTENT: Mars ? Reed, P-E., Chief Operations Officer Aubrey SpeaZI.E., birector of Water Resources APPROVED AS TO FORM: --- - IN ;bb .11 /1/Illl,A_ / ., �r►w .mey 13 Exhibit A Scope of Services Texas Water Development Board Water Research Study Development of Resource Document for Potable Reuse Alan Plummer & Associates, Inc. Background — Project Purpose The 2012 Texas State Water Plan has identified water reuse as a significant water conservation and water management strategy to support future water needs in the state. Texas has been a national leader in the implementation of potable reuse projects. Until recently, these projects involved indirect reuse, i.e, use of reclaimed water that is discharged to a stream or reservoir and diverted downstream for subsequent treatment and use. These indirect reuse projects have incorporated significant environmental buffers into their systems, with limits on percent blend of reclaimed water and established minimum detention times within the natural water bodies prior to diversion. Approval of direct reuse projects by the TCEQ have peaked the interest in the water supply community about the viability of and risks associated with implementing direct potable reuse projects (projects for which advanced -treated reclaimed water is delivered directly to an entity's raw or treated potable delivery systems without the use of an environmental buffer). Substantial progress has been made in the national and international research community on addressing a number of technical and scientific questions related to potable reuse in the last several years. In general, the consensus among experts is that potable reuse is a viable and safe water management strategy, if implemented with sufficient barriers, monitoring protocols and operational controls. However, much of the research and nearly all of the experience to date has focused on implementation of indirect potable reuse projects. In addition, much of the research has been performed with specific focus on applications in coastal areas where disposal of concentrate generated from membrane treatment trains is much easier than in inland areas. As a result of the increased attention on potable reuse, and in particular direct potable reuse, there is an immediate need to provide utilities with guidance information that can help them make decisions about whether to pursue potable reuse, determine what water quality performance goals and treatment strategies are appropriate, and identify steps they will need to take in order to implement a project. It should be emphasized that the resource document produced for this research project is not intended to serve as an official regulatory document. However, it is our hope that the TCEQ and other stakeholders can be actively engaged in the project and that the document can serve as a valuable technical resource for those entities considering implementation of potable reuse, as well as for state agencies and the consulting community. 14 Project Scope An outline of the key components of the project scope is provided below. Task 1: Kickoff Meeting • Review and confirm details of scope, schedule, project communications and coordination with sponsors and other stakeholders Task 2: Evaluate Relevance of Contaminants of Concerns (COCs) in Texas • Summarize published data for COCs • Compare levels for available data to regulatory standards, guidance and advisory levels • Review state of analytical technology and quality assurance/quality control with respect to monitoring/analysis of constituents of emerging concern (CECs) Task 3: Define Water Quality Performance Goals • Summarize approaches that have been proposed/used elsewhere • Define categories of contaminants or indicators for which goals should be established • Prepare memo summarizing strategies and proposed categories • Hold workshop (Workshop 41) with technical experts and sponsors to develop recommendations for water quality performance goals Task 4: Water Quality Characterization • Select representative (and willing) stakeholders for water quality characterization. Characterization will focus on evaluation of water quality with respect to water quality performance goals established in Task 3. • Define each stakeholder source to be characterized (may include raw water, treated wastewater and/or treated drinking water) • Obtain available data and prepare water quality summary + Define additional monitoring needs based on water quality performance goals and requirements of quantitative relative risk assessment (Task 7); perform additional monitoring Task 5: Source Control Evaluation • Evaluate source control approaches relevant to potable reuse in light of standard federal pretreatment requirements. Provide recommendations for enhanced source control strategies Task 6: Evaluation of Treatment Technologies • Identify treatment processes and schemes to be considered for meeting water quality performance goals • Prepare literature summary of treatment performance of each process 15 • Prepare summary of costs for each treatment scheme identified • Prepare memo summarizing treatment schemes and costs • Hold workshop (Workshop 42) with technical experts and sponsors to develop recommendations for treatment schemes to be considered and evaluated in subsequent tasks Task 7: Significance of Environmental Buffers • Prepare a summary of known treatment removal performance of environmental buffers (as pertains to the water quality performance targets). Environmental buffers to be considered will include surface water reservoirs, constructed wetlands, and groundwater aquifers. • Summarize benefits of environmental buffers, such as their value in providing positive public perception and response time to potential system upsets. Define additional research needed to better quantify the value of environmental buffers for potable reuse projects. Task 8: Quantitative Relative Risk Assessment • Conduct demonstration quantitative relative risk assessments (QRRAs) for two hypothetical potable reuse projects (using selected stakeholder information as case studies). Relative human health risks will be used as a metric to evaluate the potential human health issues associated with using reclaimed water to either augment raw drinking water or to be introduced directly into a drinking water distribution system. Risk assessment methods will follow USEPA guidelines. Task 9: Sample Pilot Protocols • Define conditions for which pilot studies are recommended • Define specific steps for performing pilot studies • Prepare example pilot protocols for two stakeholder case studies Task 10: Regulatory/Legal Summary • Prepare summary of legal/regulatory issues associated with implementing potable reuse projects, including requirements for any necessary permits or authorizations Task 11: Prepare Resource Document • Prepare resource document summarizing topics covered in previous tasks and including a discussion of public awareness and education programs. Provide a review draft to stakeholders for their comment and input. Project Schedule It is anticipated that the entire project will take approximately 24 months to complete. 16 Exhibit B Payment of Fees Texas Water Development Board Water Research Study Development of Resource Document for Potable Reuse Alan Plummer & Associates, Inc. The City shall pay Engineer for services set forth in Exhibit A on a lump sum basis by task, as indicated in the attached schedule below. The Engineer will invoice the City monthly based on estimated percent complete of each task. The final payment for Task 11 will be paid upon receipt by the City of all deliverables for this Project. Task Description Task Budget Task 1 Kickoff Meeting $ 1,500 Task 2 Range & Incidence of ECCs 1,700 Task 3 Water Quality Performance Goals $ 8,000 Task 4 Stakeholder Source Water Quality Characterization $ 8,400 Task 5 Source Control Evaluation $ 600 Task 6 Evaluation of Treatment Technologies $ 8,000 Task 7 Significance of Environmental Buffers $ 600 Task 8 Quantitative Relative Risk Assessment $ 7,600 Task 9 Sample Pilot Protocols — 2 $ 5,300 Task 10 LegaVRegulatory Review $ 2,300 Task 11 Resource Document $ 6,000 Total Fee $ 5%000 17