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HomeMy WebLinkAboutResolution - 2015-R0152 - Professional Services Contract - Alan Plummer Associates Inc - Engineering - 05_28_2015Resolution No. 2015-R0152 May 28, 2015 Item No. 6.10 RESOLUTION 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 Services Contract to provide professional engineering services for the North Water Treatment Plant Improvements Project No. 2 Design related to Activities, 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 May 28, 2015 , GL C. R ERTSON, MAYOR ATTEST: Reb ca Garza, City Secretary APPROVED AS TO CONTENT: L. Wodd F�dnklin, P.E.'-DI ctor of Public Works APPROVED AS TO FORM: RESTSC-Alan Plummer Associates, Inc 5.4.15 Resolution No. 2015-RO 152 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This Contract, (the "Contract" or "Agreement"), effective as of theday of May 2015 (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 design services of the North Water Treatment Plant Improvements Project No. 2 (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. HOW 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 400 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 Plummer Associates, Inc. Page 1 of 22 %1FN2Rw_apaAsharel6usdevWtopWiaSProposais 2009',2009-06"0_Lu66ock_WTP_Phase_II_Design_Phase_ I_ Cartsvuctc.lNanhLVT_Praje,Q_ DesignContracl_2ot5-a-20 dpc 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 $658,974 per Exhibit "A," Exhibit "B," and Exhibit "C." ARTICLE Ill. 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. 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 Alan Plummer Associates, Inc, Page 2 of 22 uFh✓2nw_ apa'l sharelCusdevtPt posaistProposais_2099V2909-060.00 Lubbock WTP_Phase 11_Design Phase_f_ConsVuctonWOMVVT_PRoject2_DesignCon7acE_20t5.05-20.docx 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 design services of the North Water Treatment Plant Improvements Project No. 2, as defined and provided in Exhibit "A," "Scope of Services." 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. Alan Plummer Associates, Inc. Page 3 of 22 ❑FN2.(nv.apalshe�elBusdev4Proposals4Prapesals 200912009-MO-0D Lubbock V TP Phase_Il_Desgn_Phase_1_Cznswc cnWonhVVT_PrgecQ_DeagnCantrad_2015-0/-20.do ARTICLE Vill. 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: General Aggregate Limit: Professional Liability: Combined Single Limit: Automobile Liability: Combined Single Limit for any auto: Employer's Liability $1,000,000 $2,000,000 $1,000,000 $1,000,000 Per Occurrence $1,000,000 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 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 Alan Plummer Associates, Inc. Page 4 of 22 71FIv2 It. opals ,ar Buxde T., as .%11.p.-I. 200gUOD9-960.00 Lubbock WTP Phase II Design Phase 1 Constmd—NonhWT Pmjec12 f) sgnContrad_2015.04-20.docx 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. 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 Alan Plummer Associates, Inc. Page 5 of 22 RFIr2 Thr apadsharelBusde�hPmpasalriPmposals_20091200P06P00 Lubbock WTP_Phase_I f_Desgn_Phase_I ConsimmonWonhWT_Prgecl2_0esignContratt 2015-04.20.docz 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 party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. 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 Plummer Associates, Inc. Page 6 of 22 55FSv2.ha.apadsharalBusdevlP�oposalsSPmposafs 200W000-060-W_L.bt a WTP Phase 11 ❑esgn Phase_ I_ ConstmdionNcnhWT Pmlecl2_OesgnConvacl_20t5-04-20.doca 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 1 3th 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 Plummer Associates, Inc. Page 7 of 22 IIPty2.Mxap.,-.hare46usdev%P,oposelsSProposals 2002i2009-060-00_Lu6bock_WTP_Pnase_II_0eygn Phase_ I_ ConseuchonwaMWT Projem2 OesignContrect_201&04-20.docv 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. 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 II, above. The ENGINEER shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either CITY or ENGINEER of a breach of this Agreement must be in writing 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 Plummer Associates, Inc. Page 8 of 22 llFhr/1.I1w.apalshareSBusdevlProposals�Propasals_200912009.060.00_Luh6ock_WTP_Phase_II_Design_Phase_I_ConstrudoMNorthWT_ Pfgec4_4evgnConhact2015-01-20.docx 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 Plummer Associates, Inc. Page 9 of 22 %5Fr 2.Rx.apailsha 69-devlP,.p —d sWraposal s 200912009-060.00_Lubbock_WTP Phase ll Design_Pfiase_I Constr.cb MoMWT_P,.jecl2_De pCoabact_21)15-a-2D docx EXECUTED as of the Effective Date hereof. ATTEST: Reb tca Garza, City Secretary AS T CONTENT: lin, P.E., Director of Public Works 4, f" - - p ' [ Turpin, .E., C ief Water Utilities Engineer "APPROVED AS TO FORM: By: Alan Plummer Associates, Inc. Page 10 of 22 CITY OF LUBBOCK G C. Roe on, Mayor lA'iLME\ PLUIYilY1ER %1SSO�+IN 1 ES, INC. /16?j /_ ��d Name: David A. G-0I, P.E. Title: Principal 11Fm2.Me apai Mai etB,adevlPfoposals%Pwposals 2009,2009-o60-90_WhC k_WTp Phase_II_Uevgn_Phase I ConstUCtonlNotlhWT_Rolec[2_CeagnContre�1_2015-94-20 d,c, ALAN PLUMMER ASSOCIATES, INC. EXHIBIT A This Exhibit A is part of the Agreement between Alan Plummer Associates, Inc. (APAI) (the "ENGINEER") and the City of Lubbock (the "CITY") for a project generally described as: NORTH WATER TREATMENT PLANT IMPROVEMENTS PROJECT NO. 2 The purpose of this Agreement is to: • Assist the CITY in getting TCEQ approval to feed sodium chlorite at the North Water Treatment Plant to reduce nitrification in the distribution system; • Provide a detailed design for the North Water Treatment Plant Improvements Project No. 2; and • Provide advertisement and proposal phase services. SCOPE OF SERVICES The ENGINEER agrees to furnish the CITY with the following specific services: BASIC ENGINEERING SERVICES Sodium Chlorite TCEQ Coordination 1.1 The purpose of feeding sodium chlorite is to observe the impact on nitrification in the distribution system (anticipate a decrease) and chlorine residual, and flushing needed over the 2015 summer. 1.1.1 The ENGINEER will coordinate with the CITY, the sodium chlorite system manufacturer, and with the Texas Commission on Environmental Quality (TCEQ) to determine the requirements to feed sodium chlorite and any requirements for monitoring. 1.1.2 Necessary pumps, valves, piping, and electrical components will be identified by the ENGINEER and will be obtained by the CITY. Locations for the totes/tanks and pumps will be coordinated with the CITY. Installation of the equipment required will be the responsibility of the CITY. The CITY will be responsible for operating the chemical feed system and for any data collection. 1.1.3 The ENGINEER will participate in phone conferences with the CITY and in one meeting with the TCEQ, if necessary. No test protocols or reports will be developed. The only deliverable is a letter of notification to the TCEQ. 2 Detailed Design 2.1 Evaluations and Project Initiation 2.1.1 Project Initiation Meeting 2.1.1,1 The ENGINEER shall conduct a project initiation meeting with the CITY at the CITY's facility. Alan Plummer Associates, Inc. Page 11 of 22 i&mZ ftw 00_Wbbock_WTP_Phase_I I_0—gn_Phase_i_conat, cbon%NorthWT_PrgecU DeslgnLoetred-2015-04-20,doce 2.1.1.2 In this meeting, the ENGINEER will review and confirm the scope, schedule, resources, responsibilities, and clarify and define the CITY's expectations, requirements, and responsibilities for the project. 2.1.1.3 This meeting will also review the items listed in the following sections (preliminary process and instrumentation diagrams). 2.1.2 Prior to the project initiation meeting, the ENGINEER will develop design criteria, determine the capacity and size of major pieces of equipment, prepare preliminary process and instrumentation diagrams (P&1Ds), and develop preliminary operation and control descriptions for the following facilities: 2.1.2.1 Rapid mix system, 2.1.2.2 Flocculators, 2.1.2.3 Chlorine dioxide system, 2.1.2.4 Bulk hypochlorite storage and feed facilities 2.1.3 Sodium hypochlorite bulk storage and feed facility and new chlorine dioxide facility will both be located in a new building located north of the existing chlorine area, west of the existing chlorine contact basins. Chlorine dioxide system will be similar to the Lake Alan Henry Water Treatment Plant's system or will use chlorine gas, as determined by the CITY. 2.1.4 The CITY will supply the ENGINEER with existing information relative to the project. The ENGINEER shall be entitled to rely upon the accuracy of the data and information provided by the CITY and the CITY's other consultants and contractors without independent review, evaluation, or verification. The ENGINEER shall not be liable for any claims or injury or loss arising from errors, omissions, or inaccuracies in documents or other information provided by the CITY or the CITY's other consultants and contractors. 2.1.5 Deliverables 2.1.5.1 The ENGINEER will furnish the CITY with an electronic copy (PDF) and four (4) packages consisting of the following items no later than seven (7) business days prior to the project initiation meeting: • Agenda; • Half-size drawings (11" x 17") of the preliminary P&IDs; • Preliminary operation and control descriptions; • Meeting notes will be provided to each participant within seven (7) business days of the meeting. 2.2 Level I, Level ll, and Level III Design 2.2.1 The ENGINEER shall prepare, for approval by the CITY, drawings and specifications setting forth in detail the requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes, and regulations. 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 of such services are performed. The ENGINEER will re -perform any service not meeting this standard of care without additional compensation. Alan Plummer Associates, Inc. Page 12 of 22 1Tw uw.apailtharelBusdevlP[oposalslPeopasels 2009'Q009-060-00 Lu66ock_VJTP_Phase_I[_Design_Pha _I Construcuon�NerlhWT_ProjecL2_DesignContract 2015-04-20,docx 2.2.2 Specifications 2.2.2.1 The ENGINEER will assist the CITY in preparation of necessary request for proposal information and proposal forms. The ENGINEER will utilize the CITY's front end documents (Division 0, which includes the request for proposal requirements, contractual terms and conditions, etc.). These documents will be prepared by the CITY's Purchasing Department with input from the ENGINEER. Input from the ENGINEER will primarily be on the bid tabulation form. 2.2.2.2 Technical specifications will be prepared based on the ENGINEER's standard specifications. 2.2.3 The ENGINEER will finalize the P&IDs and operation and control descriptions. 2.2.4 The ENGINEER will develop a construction sequence for the construction activities. This construction sequence will be reviewed by the CITY and then incorporated into the contract documents. 2.2.5 General and Civil Drawings 2.2.5.1 General sheets will provide organization and a general understanding of the project to the bidders; 2.2.5.2 Yard piping, paving, grading, and drainage; and 2.2.5.3 Standard details. 2.2.6 The ENGINEER will provide a design for the facilities, including the following components: 2.2,6.1 Rapid mix system • The rapid mix system will be a hydraulic flash mixing system consisting of a centrifugal pump that draws water from the raw water line and re- injects it into the same line at a higher pressure through a nozzle, creating the turbulence necessary for mixing. The pumps and injection system will be housed in a new concrete vault. • The existing coagulant piping will be re-routed to the new injection point at the new Rapid Mix Vault. • The ENGINEER will provide ventilation design for the rapid mix vault. 2.2.6.2 Flocculators • The existing flocculation systems will be demolished and replaced with walking beam flocculators. • The flocculation system in each basin will have two drives to allow the second stage to operate independently from the first stage. 226.3 Chlorine dioxide generation system with chemical storage and feed facilities • Storage and containment will be sized for 15-day storage. • New injection vault on the raw water pipeline on the plant site near the north fence line. • Chlorine dioxide feed system will be designed as a vendor supplied system, using either sodium chlorite and chlorine gas or Purate/HZSO, (similar to the Lake Alan Henry Water Treatment Plant) for chlorine dioxide generation. This system will be located in one room of the new three-room building. Alan Plummer Associates, Inc. Page 13 of 22 AIR.211w epailsha�al6usdev'�ProposalslProposals_2lf09i2009-066-� Lubback_WTP_Phase_II_pea�gn_Phase_I_CanbtrUcvonlNoN+m Poje DesignCantran_2g1`r01-26 tloex 2.2.6.4 Bulk hypochlorite storage and feed facilities • Storage and containment will be sized for 15-day storage. Storage facilities will include a metal roof (sun shield). • The sodium hypochlorite feed system will consist of one (1) sodium hypochlorite feed skid installed in one room of the new three-room building, associated pipe, and new injection assemblies. The feed skid will be designed to feed sodium hypochlorite at the following injection points: o Chlorine contact basin, o Raw water manhole, and o Clearwell. 2.2.6.5 Raw water sample line • A new raw water sample line and sample pump will be designed to minimize travel time and allow for the collection of more representative samples upstream of the carbon injection point. Side streams to the Chemical Building and to the Administration Building will be provided. The sample line will ultimately empty into the chlorine contact basin. 2.2.7 The ENGINEER will prepare a horsepower list and instrument list. 2.2.8 Electrical, Instrumentation, and SCADA 2.2.8.1 The ENGINEER will include all necessary design elements for electrical systems for the above designed items. 2.2.8.2 The ENGINEER will design the replacement for the Chemical Building motor control center (MCC) and associated lighting panels. 2.2.8.3 The ENGINEER will design the replacement for the Pump Building switchgear, motor control center (MCC), and associated lighting panels. 2.2.8.4 The ENGINEER will design new field instruments for the new processes. 2.2.8.5 Signature Automation will develop the specifications for the programmable logic controllers (PLCs), instrumentation panels, plant control network, and the application engineering services. 2.2.8.6 Signature Automation will provide comments to the ENGINEER's system architecture drawing, instrumentation drawings, and the input/output list. 2.2.9 Structural Services 2.2.9.1 The ENGINEER will provide structural design services for the Facilities described above. 2.2.10 Opinion of Probable Construction Cost 2.2.10.1 The ENGINEER will submit to the CITY an Opinion of Probable Construction Cost (OPCC) which shall be based on calculated quantities such as areas, volumes, or other unit costs. The OPCC will be divided into appropriate categories by structure to indicate the cost of each category of work involved in construction of the project. The ENGINEER will obtain quotes from equipment suppliers related to this project and periodically update unit costs based on recent trends and bidding information in this region. 2.2.10.2 In providing opinions of costs, financial analysis, economic feasibility projections, and schedules for the project, the ENGINEER has no control over cost or price of labor and materials; unknown conditions of existing Alan Plummer Associates, Inc. Page 14 of 22 Ur 2.tw apaAsh.WB-d-lPwposals0,.posals 200912D09-0fi0.00 Lubbocl wTP_Phase_II Design_phase_I_Gonsbudio��HONhlVf_RojecQ_De�gnCantract 201544-20.do equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operation 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 CITY's actual project cost, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. 2.2.11 Meetings and Workshops 2.2.11.1 The ENGINEER will conduct the following review workshops with the CITY as outlined below: • Review Workshop No. 1 (Level I Design) at the CITY's facility. • Review Workshop No. 2 (Level II Design) by conference call. • Review Workshop No. 3 (Level Ili Design) at the CITY's facility. 2.2.11.2 Definition of Design Levels: • Level I — This package will include the following deliverables: o General drawings; o Site drawings; o Mechanical drawings (plans and sections) of project components; o Civil drawings consisting of piping, piping connections, proposed electrical conduit routes, etc. o Process and instrumentation diagrams; o Electrical one -lines; o Technical specifications for major equipment items (Division 11); and o OPCC. • Level II — This package will include the following deliverables: o Modified Level I package; o Structural plan drawings, and major sections; o Heating, ventilation, and air conditioning concept drawings; o Civil, mechanical, and structural standard details,- * Technical specifications for Division 2 through 15; and o Updated opinion of probable construction cost. • Level III — This package will include the following deliverables: o Modified Level II package; o Electrical drawings; o Instrumentation drawings; o Technical specifications for Divisions 16 and 17; o Divisions 0 and 1 (construction contract documents); and o Updated opinion of probable construction cost. 2.2.12 Deliverables 2.2.12.1 Review Workshop - The ENGINEER will furnish the CITY with the following items for each of the three (3) workshops: • Workshop packages, which include the items listed below, shall be provided to the CITY no later than seven (7) business days prior to each review workshop. o Agenda; Alan Plummer Associates, Inc. Page 15 of 22 t1F1w2 hwapa\share}&ntlrvTropos IsUkoposals_2905,2009.060.00 Lubbock WTP_Phase_I]_Omgn_Phase_ I_ConstrucunnWOMwT_Frgect2 _DesjgnGontract_2015-04-20oocc o Drawings; and o Specifications. • Adobe Portable Document Format (PDF) files of the agenda, drawings, and specifications will be provided prior to each workshop. The Adobe PDF files associated with the Level III workshop will be sent to the Construction Representative. • For the Level I review meeting, the ENGINEER will furnish the CITY with four (4) sets of specifications, one (1) full size set of drawings, and three (3) half size sets of drawings. • For the Level II and Ill review meetings, the ENGINEER will furnish the CITY with one (1) set of specifications and one (1) half size sets of drawings. Workshop notes will be provided to each participant in the workshop within seven (7) business days of the meeting. 2.2.12.2 TCEQ Plans — Between the Level III internal review meeting and Level III workshop with the CITY, the ENGINEER will send the plans and contract documents to the TCEQ for review. 2.2.12.3 Final Plans — Upon incorporation of comments from the last Review Workshop, the ENGINEER shall prepare final plans and specifications. The ENGINEER shall furnish the CITY with the following final documents: • Half-size drawings (11" x 17") — one (1) set; • Specifications —one (1) set; and • Adobe Portable Document Format (PDF) files of the drawings and specifications. The Adobe PDF files will be sent to the Construction Representative. 3 Advertisement and Proposal Phase Services 3.1 Advertisement 3.1.1 The CITY will secure proposals, issue notice to offerors, and notify construction news publications of the Project. 3.1.2 The notice to offerors will be furnished to the CITY for publication in the local news media. The cost for publication shall be paid by the CITY. 3.1.3 The CITY will handle distribution of the request for proposal documents (drawings, technical specifications, and contract documents). 3.1.4 The ENGINEER will participate in one (1) pre -proposal conference at locations designated by the CITY. 3.1.5 The ENGINEER will respond to requests and prepare addenda for the CITY to issue, as required. 3.2 Proposal Opening 3.2.1 The ENGINEER will not attend the proposal opening. 3.3 Proposal Review and Recommendation 3.3.1 The ENGINEER shall participate with the CITY in one (1) conference call to review and evaluate the proposals submitted for the Project. 3.3.2 The ENGINEER will review the proposals based on the criteria established in the request for proposals. Alan Plummer Associates, Inc. Page 16 of 22 4XR2fh+apeilNarel6usdevlPropasals�Proposals 2005 d009-06U.00 Lubpach W7P_Phau II aevgn_Phase_I ConwurnonWmhNfT_Ro,ed2_Oes,gnCantract 2015-0+620_�cy 3.3.3 The ENGINEER will provide the CITY with a recommendation letter based on the findings of the proposal review. 3.4 Conformed Specifications and Drawings 3.4.1 The ENGINEER shall prepare conformed front end contract documents, technical specifications and drawings based upon the addenda issued during the advertisement. 3.4.2 The ENGINEER will provide the CITY, Construction Representative, and Construction Contractor an Adobe Portable Document Format (PDF) file of the conformed front end documents, technical specifications, and drawings for their use. 3.4.3 The ENGINEER will provide six (6) unbound conformed front end contract documents to the CITY for the use of contract execution. The ENGINEER will provide six (6) bound conformed technical specifications to the CITY for the use of contract execution. The ENGINEER will provide five (5) sets of half-size drawings and two (2) sets of full-size drawings to the CITY for the use of contract execution 3.4.4 The CITY will distribute front end contract documents, technical specifications, and drawings at the Preconstruction Meeting and as outlined in the table below. Volume I Volume ll Volume III (Front End Contract Terms) (Technical Specifications) (Drawings) EXECUTED CONFORMED CONFORMED CITY 2 2 2 half / 1 full Construction Contractor 2 2 1 half / 1 full Construction Representative 1 1 1 half / 1 full ENGINEER 1 1 1 half / -0- full 3.4.5 After execution of the front end contract documents between the CITY and Construction Contractor, the ENGINEER will provide the CITY, Construction Contractor, and Construction Representative, with an Adobe PDF file of the executed documents. 4 Surveying and Geotechnical Services 4.1 Perform control and topographic surveying for the north and west areas on the plant site. Survey subsurface utility locates at critical locations with CITY performing excavations to locate the utilities. Stake soil boring locations on plant site required for design. 4.2 Perform soil borings on plant site required for design. Perform soil testing and develop foundation design parameters for plant facilities. 4.2.1 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. 4.2.2 Because of the inherent uncertainties in subsurface evaluations, changes 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. Alan Plummer Associates, Inc. Page 17 of 22 iW.l1 Rw,apniynarelBusdevWeoposeislPiaposals_209912009060-00_Lubboc� WTP Phzse_II Design Phase I ConztruniamNoimlhff_Prgcn2_oemg,Co.trecl 2015-04-20.onx 5 Project Management 5.1 The ENGINEER will provide project management activities to properly plan the work, sequence, manage, coordinate, schedule, and monitor the scope tasks and completion of the tasks. 5.2 The ENGINEER will prepare a project management plan including scope, budget, schedule, communication plan, project team, and File organization. 5.3 The ENGINEER will conduct internal team coordination meetings as required to accomplish the work. 5.4 The ENGINEER will provide monthly status updates to the CITY describing and showing the percent complete for scope and tasks and issues, budget status, and schedule. 5.5 The ENGINEER will coordinate, prepare, review, and issue monthly invoices for payment. 5.6 The ENGINEER will maintain and update, on a monthly basis, the following items: 5.6.1 Action item log. 5.6.2 Decision log. 5.6.3 Project change log. Alan Plummer Associates, Inc. Page 18 of 22 %%F[+2ft—pBAeh—iBuWWProp—h:Proposals 20M92009-060-00_Lubbock_VVTP_Pha5e_II 045ign_PhaK_I Con5VuLtonWonhWT_Roj-QDmWUnuac 2055-04-24_aoct ADDITIONAL ENGINEERING SERVICES Additional engineering services may be performed by the ENGINEER, if authorized by the CITY, which are not included in the above -described Basic Engineering Services, as described below: 1. Additional meetings or site visits. 2. Preparing applications and supporting documents for grants, loans, or planning advances for providing data for detailed applications. 3. Providing additional copies of reports, plans, specifications, and contract documents. 4. Preparing environmental impact statements, storm water discharge permits, and 404 permit applications, except as specifically included in the Basic Engineering Services. 5. Appearing before the TCEQ. Appearing before 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. 6. 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. Payment of fees for permit applications and publication of notices. 8. Public relations activities and consulting services. 9. Services associated with Engineer -of -Record Construction Phase Services, Construction Administration, Resident Project Representation, or startup assistance. 10, Any other additional services that may be required by the CITY for completion of the Project that are not included in the Basic Engineering Services. 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. OTHER PROVISIONS 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 Plummer Associates, Inc. Page 19 of 22 1�Fn2 ha. npa,sharel&rsd"v Slopes IsOroposals 2009',2009-08400_L,bb.ck_LVTP_Pha,, II_D—gn_Phase_I CwsbuctionworthwT_P c co2_DesignConcan 2015-Oa-2o_aoe, 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 generally described as: NORTH WATER TREATMENT PLANT IMPROVEMENTS PROJECT NO. 2 1. Budget Amount by Scope Item for Basic Engineering Services: Task Item Task Name Hours Fee 1 Sodium Chlorite TCEQ Coordination 131 $25,467 2 Detailed Design 2,789 $515,953 3 Advertisement and Proposal Phase Services 159 $35,349 4 Survey and Geotechnical Services 30 $38,390 5 Project Management 210 $43,815 Total $658,974 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. 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 Plummer Associates, Inc. Page 20 of 22 1,F1 2 hw apeiWarelBustlerWioposaEslA�opnsels 200912�09-O60 W_L�by04�_WTP Phan li C1esi9�_PhAx I COnsh�CI�WI NGnhWT R.jecl2_D—pContran_2015 M-20 tloca 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 $658,974 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 No. 1 of this Exhibit C, as long as the total "Not to Exceed" amount is not surpassed, The City's project manager shall be notified prior to any task exceeding the budget outlined above. Alan Plummer Associates, Inc. Page 21 of 22 i'Fh,/2.IM _2009�2009-060P00_Lu66ocF WTP_Phase_II Design_PTase_I_Conshunwn NO hwT_Prgect2 9evgn Canvact 2015�01,20 docr 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: NORTH WATER TREATMENT PLANT IMPROVEMENTS PROJECT NO. 2 Hourly Fee Schedule (2015): Staff Description Alan Plummer Associates, Inc. Staff Code Billing Rate Admin. Staff Al —A3 $ 70.00 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 Senior Electrical Engineer EE2 $ 245.00 Senior Structural Engineer SE2 $ 210.00 Principal ES8 — ES9 $ 275.00 Alan Plummer Associates, Inc. Page 22 of 22 I1FtQ lrw apaisharelBusdevWroposalslPropo ls_2009'D09.06000_Lubbock WTP_Phase 11_pcs�gn_Ff�ase_I CmstructronwonnlNT_Pigccs�_pevBnCaRtrect_�OSSW-20d— aco " CERTIFICATE OF LIABILITY INSURANCE 74/13/2015 E(MWDDfYYYYI 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(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 McLaughlin Brunson Insurance Agency, LLP NAME;__ Joe A Bryant 12801 North Central Expreosway AYCHNo,Extl; t2141 503-1212 Suite 1710 EMAIL Dallas Tx 75243 ADDRESS: INSURERS AFFORDING COVERAGE _ _ NAICS _ INSURERA:Travelers Indemnity Company 25658 INSURED I145URERB:Charter Oak Fire Insurance Co. 25615 Alan Plummer Associates, Inc. -- INSURERC:Travelers Lloyds ins. Covm2any 41262 1320 S. University Drive, #300 INSURERD:XL Specialty Insurance Company 37685 Fort Worth TX 76107 INSURERE:_ ENSURER F : 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 DOCUNICNT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I ADDL SUBRI POLICY EFF POLICY EXP LTR 1 TYPE OF INSURANCE POLICY NUMBER Mll7DlYYYY IIImmorrYYY LIMITS GENERAL LIABILITY (EACH OCCURRENCE 1,000,000 DRtdACL_T RENTED C X_ _ 120dIV7ERCIALGENERAL LIABILITY Y Y PACP1996L981 6/15/2014 6/15/2015 I_PREMSES1Eaocn.rrcncc)__ $ 1,000,000 CLAINIS MADE , X1 OCCUR MED EXP (Arty ona persor.) 1 $ 10,000 X ValPapere-$1,000,000 X Contractual Liab. GENT AGGREGATE L [MIT APPLIES PER; PERSONAL d ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 S 2,000,000 PRODUCTS -COMPIOPAGG PO LUCY X i Pc C'LOC $ AUTOM0131LE LIABILITY _ COMBINED SINGLE LIMIT Ea acddent 2,000,000 B X ANY AUTO Y Y BA20031,924 6/15/2014 I6/15/201.5 , BODILY INJURY (Per person) S ALL OS AUTOSCHES AUTOS AUTOS I No Owned Autos I 80DILYINJURYfPeracddenti L___ $ NON -OWNED x FI REDAUTO5 X AUTOS i PROPERTY DAMAGE S I Pereceidenl I I s A X UMBRELLA LIAS X OCCUR Y Y CUP642SY427 6/15/2014 6/15/2015,EACH OCCURRENCE IS 4,000,00D EXCESSLIAB CLAI IS -MADE �� AGGREGATE _ ) S 4, 000, 000 DIED RETENTION $ ' 5 WORKERS COMPENSATION %VC STATU. 07H. AND EMPLOYERS' LIABILITY YIN TQRY ' ANY PROPRIETOR PARTNERIEXECUTWE E.L. EACH ACCIDENT 5 OFF ICFR'1.!EL1aER EXCLUDED 'NIA ❑ _ tMandatory In NHl E.L. Dt5EPSE - EA EMPLOYEE $ Iiyycs drsa�orttndel - 0 SCRiPT10N OF CPERAT ONS hNl , E '_ DISEASE - POLiC1' Li1.V7 S A Professional Liability Y DPR9715996 5/9/2C14 5/9/2015 Per Claim S 2,000,000 Annual Aggregate $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCAIMNSI VEHICLES (Atlach ACORD 161, Add-lional Remarks SChodule, d more space is roquired) 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. Thirty 0o)day notice of cancellation in favor of certificate holder on all policies. City of Lubbock is named as additional insured on the general, auto and umbrella liability coverage as required by contract. Coverage is primary. A waiver of subrogation is shown in favor of the additional insured on all policies as required by contract. RE: Lubbock North WTP No. 2 Design Project - APAI R: 2009-06D-00 Ur-M I IrIU/A I c MUL.UCK CANCELLATION 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: John Turpin, P.E. P. O, Box 2000 AUTHORIZED REPRESENTATIVE Lubbock TX 79457 U 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD r1+ 1 ..F 1 Alan Plummer Associates, Inc. PACP1996L981 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL. LIABILITY COVERAGE PART A. The following is added to WHO iS AN INSURED (Section 11): Any person or organization that you agree in a 'contract or agreement requiting Insurance" to In- clude as an additional Insured on this Coverage Part, but only with respect to liability for'bodiiy In - fury", "property damage" or "personal Injury"' caused, in whole or In part, by your acts or omis- slons or the acts or omissions of those acting on your behalf a. In the perfonriance of your ongoing opera - Gans; b. In connection wllh premises owned by or rented to you; or c. In connection with 'your work" and Included within the 'products -completed operations hazard'. Such person or organization does not qualify as an additional Insured for "bodily Injury', 'property damage" or "personal injury for which that per son or organization has assumed liability In a con- tract or agreement. The insurance provided to such additional Insured is limited as follows: d. This irmvrance does not apply on any basis to any person or organization for which cover- age as an additional Insured specifically is added by another endorsement to this Cover- age Part. e. This Insurance does not apply to the render- Ing of or failure to render any "professional services". f. The limits of Insurance afforded to the addl- tional Insured shall be the Limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional Insured, or the limits shown In the Declare - tons for this Coverage Pert, whichever we less. This endorsement does not increase the limits of Insurance stated In the LIMITS OF INSURANCE (Section 111) for this Coverage Part. S. The following Is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you spw lBcaliy agree In a °contract or agreement requiring insurance" that the insurance provided to an additional Insured under this Cov- arage Part must apply on a primary basis, or a primary and non-contributory beats, this insurance Is primary to other insurance that Is available to such additional Insured which covers such addi- tional Insured as a named Insured, and we will not share with the other insurance, provided that: (1) The "bodily Injury" or "property damage" for which coverage Is sought occurs; and (2) The "personal injury for which coverage Is sought arises out of an offense committed; after you have entered Into that "contract or agreement requiring insurance'. But ibis insur- ance still is excess over valid and collectible other Insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the Insured Is an additional insured under any other Insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Uri In COMMERCIAL GENERAL LiABiLMY CON- DITIONS (Section W); We wake any rights of recovery we may have against any person or organization because of payments we make for 'bodily Injury', 'property damage" or'personal Injury" arising out of 'your wank" performed by you, or on your behalf, under a 'contract or agreement requiring Insurance" with that person or organization, We waive these rights only where you have agreed to do so as part of the 'contract or agreement requiring Insur- ance" with such person or organization entered into by you before, and in effect when, the 'bodily CG D3 8109 07 m 2007 The TravWsm Companies, Inc Page 1 of 2 Inciudea the oapAhlsd malarial of Imuranoa services Me. ins., wlrh he pmntwlan COMMERCIAL GENERAL LIABILITY injury' or "property damage' occurs, or the "per- sonal injury' offense is committed. D. The foW Mng definition is added to DEFINITIONS (Section Vj: "Contract or agreement requiring Insurance' means that part of any contract or agreement un- der which you are required to include a person or organization as an additional Insured on thla Cov- erage Part, provided that the °bodily Injury' and 'property damage' occurs, and the "personal In- jury" Is caused by an offense committed: a. After you have entered Into that contract or agreement; b. While that part of the contract or agreement is In effect and c. Before the end of the pollcy period. Page 2 of 2 02007 The Trevebre Companies. Inc. CG D3 8109 07 Includes fe copyrighted materlei of Imweace 8"aw Office, Inc., wHh IIe perndseion Alan Plummer Associates, Inc. BA2003L924 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL. INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- mant, the provisions of the Coverage Form apply unless modified by the endorsement. The Following Is added to the Section II — Llability Coverage, Paragraph A.I. Who Is An Insured Pro- vision: Any person or organization that you are required to Include as additional insured on the Coverage Form in a written contract or agreement that Is signed and executed by you before the 'bodily Injury" or 'property damage' occurs and that Is In effect during the policy period Is an 'insured" for Uabliity Coverage, but only for damages to which this Insurance applies and only to the extent that person or organization qualifies as an 'insured' under the Who Is An Insured provision contalned In Section 11. CA T4 37 08 08 02008 The Traverers Compantn. tnc Page 1 of 1 Alan Plummer Associates, inc. BA2003L924 COMMERCIAL_ AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With reaped to coverage provided by this endorse- required of you by a written contract executed ment, the provisions of the Coverage Form apply prior to any "accident' or Ross', provided that the unless modmed by the endorsement. "accident" or "loss" arises out of the operations Paragraph 5. Transfer of Rights Of Recovery contemplated by such contract. The waiver ap- Agafnst Others To Us of the CONDITIONS section plies only to the person or organization desfg- is replaced by the following: Hated In such contract. 5. Transfer Of Rights Of Recovery Against Oth- ers To Us We waive any right of recovery we may have agalnsl any person or organization to the extent CA T3 40 06 08 0 2008 The Trev Ws Campenlee. Inc Page 1 of 1 'Alan Plummer Associates, Inc. CUP6428Y427 UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF WHO IS AN INSURED This endorsement modifies Insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE Paragraph 21 of SECTION it — WHO IS AN IN- SURED is deleted and replaced by the following: f. Any other person or organization insured under any policy of the 'underlying Insurance' listed in the SCHEDULE OF UNDERLYING INSURANCE of the DECLARATIONS of this insurance. This insurance is subject to all the provisions and limi- tations upon coverage under such policy of "un- denying insurance", and, the limits of insurance afforded to such person or organization will be: (i) The difference between the `underlying in- surance" limits and the minimum limits of in- surance which you agreed to provide; or (II) The limas of insurance of this policy whichever is less. UM 04 45 05 06 © 2W6 The St. Pain Travelers Compan'ics, Inc. Page 1 of 1 Alan Piurnmer Associates, Inc. CUP6428Y427 UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE The following is added to Paragraph 11., OUR RIGHT a. `Bodily injury' or "property damage" caused by an TO RECOVER FROM OTHERS., of SECTION IV - occurrence" that takes place: or CONDITIONS.: b. 'Personal injury` or 'advertising injury caused by If the insured has agreed In a contract or agreement an 'offense" that is committed; to waive that insured's right of recovery against any subsequent to the execution of the contract or agree - person or organization, we waive our right of recovery ment against such person or organization, but only for payments we make because of: UM Od 88 07 08 ® 2008 The Treve%m companies, Inc. Page 1 of 1 Includes the oopyrIghled material of Insurance Services Office, Inc. with its permission. Ac RoR" CERTIFICATE OF LIABILITY INSURANCE DATE (IArdIDDIYYYY) `I .,,1'I,° i� 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(SE, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(iesE 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 s(rch endorsement(s). PRODUCER NAME Narah Sponsored Programs PHONE a diVlsion of Harsh USA Inc. Lc,--800-338-1391 AIC Ho.888-621-3173 E-MAIL 701 Market Street, Sze. 110C ADDRESS acecclientrequest@marsh.com St. Lours MO 63101 IN'SURERTSI AFFOMNG COVERAGE 112 INSURED Alan Plummer Assoc., Inc. Hs Glynda Kendall 1320 South Un_versity Drive Fort Worth, T) 76107 INSURER C : _ INSURER D: INSURER E : Cf1VFRAf;FS CFRTIFICATF PJIPAARFR• RFVISION NIIMRER' 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 REOUIREMENT, 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 15 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEE14 REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR " POLICY EFF POLICY ESP LTR f N/Vp POLICY NUMBER MMIDDYYYV !ArNDD'YYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S _ pAIAA:.E TO NTEG COIJMERCIAL GENERAL LIABILITY PREMISES Ea occurrence 5 CLAIMS -MADE OCCUR MED E)(P(AnV nne person) S PERSONAL b ADV INJURY S GENERAL AGGREGATE S GEN'L AGGRE{{GATE LIMIT APPLIES PER. PRODUCTS• COMPAOP AGG --� POLICY f— I PR07 D LOC $ AUTOMOBILE LIABILITY ; S{=a acc�dCCM1IBII.EenlD SINGLE LIMIT BODILY INJURY (Par peraonJ S ANY AUTO ALL OANEO SCHEDULED AUT05 AUTOS NON-O'NNEO `IIIREDAUTOS AUTOS BODILY INJURY (Per accident) S PROPERTY DAMAGE S S UMBRELLA LIAR OCCUR EACH OCCURRENCE S AGGREGATE _---- .. S -� EXCES$ LU16 CLAIMS -MADE DED RETENTION $ S A WORKERSCOMPENSATION ASO EMPLOYERS' LIA&LITY YIN ANY PROPRIETORIPARTNERfEXECUTIVE Y 84118CUT3866 01/01/2015 YY SATU• DTH• 01/01/2016 } TORYL IM T E.L EACH ACCIDENT s1 00D 000 OFFICERIUEMBER EXCLUDED El (Mandatory In NK) t1( A E.L DSEASE EA Eh!ROYE 31 , 000, ODO It M. d(wcrI6e Undoi DESCRIPTION OF OPERATIONS below kE.L DISEASE POLICY LIIT 1 $l ODD ODO i I I DESCRIPTION OF OPERATIONS IF LOCATIONS I VEHICLES (Anach ACORD 101, Additional Remarks Schedule, if more space is required) RE: APAI •: 2f09-060-00. lutbock North. Ne. 2 resign PrDjecL. wa-ver cf for City or requtrari by written ,ontract. I-LK I III It P[LJLU[K I IWIY City of Lubbock Attn: John Turpin, P.E P. O. Box. 2000 2625 13th Street Lubbock, Texas 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCDRDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVEI el- 01 PP- © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010106) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: sY Wac HT3866 Endorsement Number: Effective Date: of/o, /is Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: ALAN PLUMMER ASSOCIATES, INC. 1320 S UNIVERSITY FORT WORTH This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out 1. ( ) Special Waiver Name of person or organization DR, S.'E 300 TX 76107 of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule (x) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Rplm a, W-S OPERATIONS 3. Premium: The premium charge for this endorsement shall be 02 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Form WC 42 03 04 B Printed in U.S.A. Process Date: 12/18/19 Policy Expiration Date: 01/01/I6