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HomeMy WebLinkAboutResolution - 2016-R0376 - Professonal Service Contract - Alan Plummer Associates Inc - Treatment Plants - 10_27_2016Resolution No. 2016-RO376 Item 6.13 October 27, 2016 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 Service Contract for Improvements to the North and South Water Treatment Plants, 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 October 27. 2016 DANIEL M. POPE, MAYOR ATTEST: Reb ima Garza, City Secret VED AS TO Wood Frfiklin, P.E., Director of Public Works APPROVED AS TO FORM: Resolution No. 2016-RO376 PROFESSIONAL SERVICES CONTRACT 12766 STATE OF TEXAS § COUNTY OF LUBBOCK § This Contract, (the "Contract" or "Agreement"), effective as of the jMday of ()ct„her 2016 (the "Effective Date"), is by and between the City of Lubbock, (the "CITY"), a Texas home rule municipal corporation, and Alan Plummer Associates, Inc., ("ENGINEER") a Texas professional corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, the CITY desires to obtain professional engineering services related to the general construction administration of the Improvements to the North and South Water Treatment Plants (the "Activities"); WHEREAS, ENGINEER has a professional staff experienced and is qualified to provide professional engineering services related to the Activities, and will provide the Services, as defined below, for the price provided herein, said price stipulated by CITY and ENGINEER to be a fair and reasonable price; and WHEREAS, the CITY desires to contract with ENGINEER to provide professional engineering services related to the Activities and ENGINEER desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the CITY and ENGINEER hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of 720 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. 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 $360,100, per Exhibit "A," Exhibit "B," and Exhibit "C." 1 of 22 ARTICLE III. TERMINATION A. General. CITY may terminate this Contract, for any reason or convenience, upon thirty (30) days written notice to ENGINEER. In the event this Agreement is so terminated, the CITY shall only pay ENGINEER for services actually performed by ENGINEER up to the date ENGINEER is deemed to have received notice of termination as provided herein. B. Termination and Remedies. In the event ENGINEER breaches any term and/or provision of this Contract, the CITY shall be entitled to exercise any right or remedy available to it by this Contract, at law, equity, or otherwise, including without limitation, termination of this Contract and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON -ARBITRATION The CITY reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the CITY shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. ENGINEER is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. ENGINEER has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of ENGINEER. This Contract constitutes legal, valid, and binding obligations of the ENGINEER and is enforceable in accordance with the terms thereof. D. Engineer. ENGINEER maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. ENGINEER will and shall conduct all activities contemplated by this Contract in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional engineering services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional engineering services, as contemplated hereby. F. Use of Copyrighted Material. ENGINEER warrants that any materials provided by ENGINEER for use by CITY pursuant to this Contract shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. ENGINEER shall be solely responsible for ensuring that any materials provided by ENGINEER pursuant to this Contract satisfy this 2 of 22 requirement and ENGINEER agrees to indemnify and hold CITY harmless from all liability or loss caused to CITY or to which CITY is exposed on account of ENGINEER's failure to perform this duty. ARTICLE VI. SCOPE OF SERVICES ENGINEER shall accomplish the following: Professional Engineering Services related to the general construction administration and application engineering services of the Improvements to the North and South Water Treatment Plants, as defined and provided in Exhibit "A," "Scope of Services." ARTICLE Vll. INDEPENDENT CONTRACTOR STATUS ENGINEER and CITY agree that ENGINEER shall perform the duties under this Contract as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. ENGINEER has the sole discretion to determine the manner in which the services are to be performed. During the performance of the Services under this Agreement, ENGINEER and ENGINEER's employees and/or subconsultants, will not be considered, for any purpose, employees or agents of the CITY within the meaning or the application of any federal, state, or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE 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: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability $1,000,000 Per Occurrence ENGINEER shall further cause any approved subcontractor or subconsultant to procure and carry, during the term of this Agreement, insurance coverage, as specified above for ENGINEER, including without limitation protecting CITY against direct losses caused by the professional negligence of the approved subcontractor or subconsultant. The CITY shall be listed as a primary and noncontributory 3 of 22 additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. ENGINEER shall provide a Certificate of Insurance to the CITY as evidence of coverage. The Certificate shall provide 30 days' notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. ENGINEER shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, ENGINEER shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the ENGINEER maintains said coverage. The ENGINEER may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the CITY. 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, 4 of 22 OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO, OR OCCASIONED BY, THE NEGLIGENT ACTS OF ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OF OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS ENGINEER shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from ENGINEER to CITY or CITY to ENGINEER is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other 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 C. CITY's Address. The CITY's address and numbers for the purposes of notice are: City of Lubbock Attn: John Turpin, P.E. P. O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775-2342 Facsimile: (806) 775-3344 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. 5 of 22 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. E. Successor and Assigns. This Contract binds and inures to the benefit of the CITY and ENGINEER, and in the case of CITY, its respective successors, legal representatives, and assigns, and in the case of ENGINEER, its permitted successors and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS CONTRACT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly authorized and executed by ENGINEER and CITY. I. Entire Agreement. This Contract, including Exhibits "A," "B,", and "C," attached hereto, contains the entire agreement between the CITY and ENGINEER, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. 6of22 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. 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. 7 of 22 EXECUTED as of the Effective Date hereof. ATTEST: — G.!=: ? 'Le" Rebe t a Garza, City Secretary APPROVED AS TO CONTENT: Ac� 2LI��� Michael G. Keenum, P.E,,, City Engineer n E. Turpin, P.E., Chief4ater Utilities Engineer APP By: ED AS TO FORM: CITY OF LUBBOCK Daniel M. Pope, Ifayor ALAN PLUMMER ASSOCIATES, INC. Name: Davi . Gudal, P.E. Title: Principal 8 of 22 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: IMPROVEMENTS TO THE NORTH AND SOUTH WATER TREATMENT PLANTS ENGINEER -OF -RECORD CONSTRUCTION PHASE SERVICES The purpose of this Agreement is to furnish services that are unique to the Engineer -of -Record so that, in cooperation with the CITY's Construction Representative, complete construction phase services are provided. The professional services of a Construction Representative shall supplement the duties of the Engineer -of -Record contained in this agreement. The CITY shall procure these services by a separate Construction Phase Professional Services Contract (herein called the "Construction Phase Professional Services Contract") that provides primarily project administration and field representation to the CITY. Said Construction Representative and the CITY shall execute the Construction Phase Professional Services Contractor at a future date. Upon said execution, the CITY shall provide a copy of the Construction Phase Professional Services Contract to the ENGINEER. 1.0 General Engineering Support and Coordination 1.1. North Water Treatment Plant 1.1.1. Disinfection Concentration -Time (CT) Study 1.1.1.1. The ENGINEER will prepare a disinfection contraction -time (CT) study for the North Water Treatment Plant (North WTP). This CT study will incorporate modifications being constructed at the North WTP in the Improvements to the North and South Water Treatment Plants project and modifications to be designed as part of this Project. 1.1.1.2. The ENGINEER will utilize the existing and previously approved CT study for the North WTP where possible. 1.1.1.3. The ENGINEER will submit the draft CT study to the CITY for review and comment. 1.1.1.4. The ENGINEER will incorporate comments from the CITY review and submit the CT study to the Texas Commission on Environmental Quality (TCEQ). 1.1.2. Chlorine Dioxide Equipment and Chemical Procurement Support 1.1.2.1. The ENGINEER will assist the CITY in the development of a RFP for the purchase of sodium chlorite, hydrochloric acid, and for the lease (or purchase) of chlorine dioxide generation equipment at the North WTP. 1.1.2.2. The ENGINEER will provide the following specifications as part of this assistance: 9of22 1.1.2.2.1. Chlorine dioxide generation equipment; 1.1.2.2.2. Sodium chlorite; and 1.1.2.2.3. Hydrochloric acid. 1.1.2.3. The ENGINEER will provide the above items to the CITY for incorporation into the RFP. The CITY will prepare the RFP package and advertise the RFP and provide public notice of advertisement. 1.1.2.4. The ENGINEER will assist the CITY in the review of the sodium chlorite/chlorine dioxide generation equipment RFP responses. 1.1.2.5. The scope and fee is based on the assumption that there will not be site visits or a pre -proposal meeting associated with these RFPs. 1.1.2.6. The ENGINEER will not attend the proposal opening. 1.2. South Water Treatment Plant 1.2.1. Tracer Study and Disinfection Concentration -Time (CT) Study 1.2.1.1. Tracer Study Protocol 1.2.1.1.1. The ENGINEER will prepare a tracer study protocol to determine modified baffling factors through the existing rapid mix, flocculation basins, and sedimentation basins at the South WTP. 1.2.1.1.2. The ENGINEER will submit the draft tracer study protocol to the CITY for review and comment. 1.2.1.1.3. The ENGINEER will incorporate comments from the CITY and submit the tracer study protocol to the TCEQ for approval. 1.2.1.2. Tracer Study 1.2.1.2.1. Once approved, the CITY will conduct the tracer study per the approved protocol. The CITY will perform measurements and provide the necessary tracer chemicals for the duration of the tracer study. 1.2.1.2.2. The ENGINEER will prepare the tracer study report and determine baffling factors based on the results of the tracer study. 1.2.1.2.3. The ENGINEER will submit the draft tracer study report to the CITY for review and comment. 1.2.1.2.4. The ENGINEER will incorporate comments from the CITY and submit the tracer study report to the TCEQ for approval. 1.2.1.3. Disinfection Concentration -Time (CT) Study 1.2.1.3.1. The ENGINEER will prepare a disinfection contraction -time (CT) study for the South WTP based on the approved tracer study report. 10 of 22 1.2.1.3.2. The ENGINEER will utilize the existing and previously approved CT study for the South WTP where possible. 1.2.1.3.3. The ENGINEER will submit the draft CT study to the CITY for review and comment. 1.2.1.3.4. The ENGINEER will incorporate comments from the CITY and submit the CT study to the TCEQ. 1.2.2. Chlorine Dioxide Equipment Conversion and Chemical Procurement Support 1.2.2.1. The ENGINEER will assist the CITY in the development of a RFP for the purchase of sodium chlorite, hydrochloric acid, and for the lease (or purchase) of chlorine dioxide generation equipment at the South WTP. This effort will be done in conduction with the similar services at the North WTP. 1.2.2.2. The specifications prepared for use in the North WTP RFPs will be utilized for the South WTP RFPs. 1.2.2.3. The ENGINEER will provide the above items to the CITY for incorporation into the RFP. The CITY will prepare the RFP package and advertise the RFP and provide public notice of advertisement. 1.2.2.4. The ENGINEER will assist the CITY in the review of the chlorine dioxide generation equipment RFP responses; however, the ENGINEER will not assist in the review of the chemical RFP responses. 1.2.2.5. The scope and fee is based on the assumption that there will not be site visits or a pre -proposal meeting associated with these RFPs. 1.2.2.6. The ENGINEER will provide support to the CITY to convert existing facilities from the existing two -chemical chlorine dioxide generation system (sulfuric acid and Purate) to the three -chemical chlorine dioxide generation system (sodium hypochlorite, sodium chlorite, and hydrochloric acid). 1.3. General Engineering Support 1.3.1. The ENGINEER will provide general engineering support services as needed to support the design and the items listed above. These items may include additional coordination with the TCEQ regarding the above -mentioned studies, etc. 2.0 Engineer -of -Record Construction Phase Services 2.1. The Engineer -of -Record for this project shall be: Alan Plummer Associates, Inc. Primary Project Contact: James Naylor, PE 2.2. General Construction Administration Phase Services 2.2.1. The ENGINEER's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction 11 of 22 and terminates at the end of the construction period for the project including associated testing and startup services identified in this Contract. 2.2.2. Construction Phase duties, responsibilities, and limitations of the ENGINEER shall not be restricted, modified, or extended without agreement of the CITY and ENGINEER in writing. 2.2.3. The CITY's approval, acceptance, use of, or payments for all or any part of ENGINEER's services hereunder or the Project itself shall in no way alter the ENGINEER's obligations or the CITY's rights herein. 2.2.4. The ENGINEER shall be a representative of and shall advise and consult the CITY during construction. The ENGINEER shall have the authority to act on behalf of the CITY only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.2.5. Engineer's Personnel at Construction Site 2.2.5.1. The presence and duties of ENGINEER's personnel at a construction site, whether as onsite representative or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or construction contractors or other entities, and do not relieve the construction contractors or any other entity from their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health and/or safety precautions by such construction work. 2.2.5.2. ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health and/or safety precautions related to such work and have no duty for inspecting, noting, observing, correcting, or reporting on health and/or safety deficiencies of the construction contractors or other persons at the site except ENGINEER's own personnel. 2.2.5.3. The presence of the ENGINEER's personnel at a construction site is for the purpose of providing the ENGINEER and the CITY a greater degree of confidence that the completed work will conform generally to the contract documents and that the integrity of the design concept, as reflected in the contract documents, has been implemented and preserved. The ENGINEER neither guarantees the performance of any construction 12 of 22 contractor nor assumes responsibility for contractor's failure to perform the work in accordance with the contract documents. 2.3. Construction Representative Cooperation 2.3.1. The ENGINEER shall coordinate and interface with CITY staff and with CITY's selected Construction Representative per the Construction Phase Professional Services Contract to accomplish the tasks identified herein. 2.3.2. CITY's selected Construction Representative per the Construction Phase Professional Services Contract will handle the following: 2.3.2.1. Provide construction administration. 2.3.2.2. Manage project documentation. 2.3.2.3. Represent CITY on the job site. 2.3.2.4. Accomplish quality assurance tasks. 2.3.2.5. Provide an internet-based construction management system. 2.3.2.6. Schedule the pre -construction conference, construction progress meetings, and additional meetings along with developing the agenda and preparing meeting notes for each meeting. 2.3.2.7. Establish procedures for administering changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the CITY to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the CITY. Documentation of field orders, where cost to CITY is not impacted, will also be prepared. 2.3.3. Receive and evaluate notices of contractor claims and make recommendations to the CITY on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation, and will endeavor to negotiate a settlement value with the Contractor on behalf of the CITY if appropriate. 2.3.4. The ENGINEER will complement the CITY's Construction Representative per the Construction Phase Professional Service Contract to accomplish the remaining Construction Phase Services tasks, to include items listed below. 2.3.5. The ENGINEER shall provide responses to submittals and requests for information to the CITY's Construction Representative's online project management system by submitting responses directly into the management system and as the ENGINEER's standard forms. 2.3.6. The ENGINEER shall receive project documentation from the CITY's Construction Representative per the Construction Phase Professional Services Contract for review as the Engineer -of -Record. 13of22 2.3.7. The ENGINEER shall provide timely response and necessary reviews of submittals, requests for information (RFI), change orders (CO), contract modification requests (CMR), and all other project actions coordinated by the Construction Representative. 2.3.8. The ENGINEER shall expect all administration and management of communication, documentation, and correspondence to be handled by the Construction Representative per the Construction Phase Professional Services Contract. 2.4. Site Visits 2.4.1. The ENGINEER shall visit the site as requested by CITY's Project Manager, and shall include scope and fee for at least four (4) and no more than eight (8) site visits. The site visits will generally occur in conjunction with monthly construction progress meetings. The fee is based on the ENGINEER's project manager making up to eight (8) site visits and the ENGINEER's electrical engineer making up to three (3) site visits. 2.4.2. Additional site visits beyond those listed will be an Additional Service and the ENGINEER shall be entitled to additional compensation. 2.4.3. The ENGINEER may recommend visiting the site at any time, subject to funding and approval by the CITY's Project Manager. 2.5. Construction Progress Meetings 2.5.1. The ENGINEER will participate in the preconstruction conference and up to sixteen (16) monthly construction progress meetings either onsite or by conference call. The fee is based on the ENGINEER's project manager participating in up to sixteen (16) conference calls and the ENGINEER's electrical engineer participating in up to eight (8) conference calls. 2.5.2. Additional meetings beyond those listed will be an Additional Service and the ENGINEER shall be entitled to additional compensation. 2.6. Shop Drawings and Submittal Review The ENGINEER will review samples; catalog data; schedules; shop drawings; laboratory, shop, and mill tests of materials and equipment; and other data pursuant to the general conditions of the construction contract. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the construction contract documents. The fee is based on review of up to 160 submittals. If the number of submittals exceeds the previously stated number through the Contractor or CITY submitting additional item, resubmittals due to incomplete submittals, or multiple review iterations, it will be considered an Additional Service and the ENGINEER shall be entitled to additional compensation. Investigations, analyses, and studies required by the contractor and approved by the CITY for substitutions of equipment and/or materials or deviations from the plans and specifications will be considered an Additional Service. This 14of22 review is for the benefit of the CITY and covers only general compliance with the information given by the construction contract documents. It does not relieve the Contractor of any responsibilities such as dimensions to be confirmed and correlated at the job site, appropriate safety measures to protect the workers and the public, or the necessity to construct and complete a workable facility in accordance with the construction contract documents. 2.7. Pay Estimates The ENGINEER shall review and make recommendations to the CITY for payment applications made by the Contractor. Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the CITY's Construction Representative verifying that the work has progressed to the point indicated. Such recommendations do not represent: that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all aspects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the monies paid; that title to any of the work, materials, or equipment passed to the CITY free and clear of liens, claims, security interested, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. 2.8. Requests for Information The ENGINEER will interpret the intent of the plans and specifications and respond to requests for information (RFIs) for the CITY and Contractor. The fee is based on processing up to 40 RFIs. If additional RFIs are submitted beyond this quantity, it will be considered an Additional Service and the ENGINEER shall be entitled to additional compensation. 2.9. Contract Modifications: 2.9.1. ENGINEER will review contract modification requests (CMRs) and prepare proposed contract modifications (PCMs) for items identified during construction that are necessary or requested by the CITY or Contractor, but are not in accordance with the construction documents. 2.9.2. ENGINEER will prepare documentation for contract modifications required to implement modifications in the design of the project. The fee is based on processing up to twenty (20) CMRs and PCMs and four (4) change orders. If additional CMRs or PCMs are requested beyond this quantity, it will be considered an Additional Service. 2.9.3. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the CITY are an additional service. Substitutions of materials or 15 of 22 equipment or design modifications requested by the CITY are an Additional Service and the ENGINEER shall be entitled to additional compensation. 2.10. Substantial and Final Review 2.10.1. The ENGINEER will conduct, in the company of the CITYs representative and Construction Representative, a substantial completion review for the project for conformance with the design concept of the project and general compliance with the contract documents and provide a list of deficiencies to the Contractor. 2.10.2. The ENGINEER will conduct, in the company of the CITY's representative and Construction Representative, a final review for the project for conformance with the design concept of the project and general compliance with the contract documents, verify that items identified on the deficiency list from the substantial completion review have been completed, and make recommendation for final payment to the Contractor. 2.11. Record ("As -built") Drawings 2.11.1. The Contractor will provide to the ENGINEER via the CITY's Construction Representative red -line drawings for use in the development of the record drawings. In the event that the Contractor does not provide adequate red -line drawings and the ENGINEER must develop the record drawings based on in-depth investigation and research will be considered an Additional Service. 2.11.2. The ENGINEER will revise the construction drawings in accordance with the information furnished by the Contractor and the Construction Representative reflecting changes to the project made during construction. Record drawings are defined as the drawings produced by the ENGINEER's modifications to the original design drawings to reflect the changes during the construction. 2.11.3. The ENGINEER will prepare record drawings, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the project was finally constructed. 2.11.4. The ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. 2.11.5. Record drawings for the project will be issued by the ENGINEER within sixty (60) days after the comments and markups are provided by the Contractor, Construction Representative, and the CITY. 2.11.6. The ENGINEER will provide the CITY with digital copies in Adobe PDF on compact disc, one full-sized (22" x 34") set of reproducible prints (unbound, Mylar), five (5) half -sized (11" x 17") sets of plans (bound, bond), and two (2) full-sized (22" x 34") 16 of 22 sets of plans (bound, bond) to the CITY. No technical specification books will be provided. 3.0 Application Engineering Services Coordination 3.1. This scope is prepared with the understanding that the CITY will contract directly with an Application Engineering Services (AES) provider. It is further understood and assumed that this AES provider will conduct coordination meetings and workshops; prepare submittals and shop drawings; provide the necessary programming for the Project; perform the necessary system testing (factory and field); provide historical and reports programing; provide final documentation and warranty assistance to the CITY; and conduct training for the CITY staff. 3.2. The CITY will handle all coordination with the AES provider. 3.3. The ENGINEER will review shop drawings and submittals as detailed in the above scope. If additional submittals are submitted beyond the total quantity provided above, it will be considered an additional service and the ENGINEER shall be entitled to additional compensation. 3.4. The ENGINEER will respond to RFIs as detailed in the above scope. If the additional RFIs are submitted beyond the total quantity provided above, it will be considered an additional service and the ENGINEER shall be entitled to additional compensation. 3.5. The ENGINEER will participates in the following meetings and/or workshops with the AES provider and the CITY: 3.5.1. HMI Graphics and PLC Programming, Kick -Off Meeting — The ENGINEER will attend the kick-off meeting at the CITY's facility with the AES provider and the CITY. This kick-off meeting will be for the work at the North WTP and South WTP. 3.5.2. HMI Graphics and PLC Programming, Progress Meetings — It is understood that there will not be meetings at the CITY's facilities or the AES provider's facilities; however, conference calls will be utilized. 3.5.2.1. The ENGINEER will participate in up to six (6) one -hour conference calls with the AES provider and the CITY for the work associated with the North WTP. 3.5.2.2. The ENGINEER will participate in up to four (4) one -hour conference calls with the AES provider and the CITY for the work associated with the South WTP. 3.5.3. HMI Graphics and PLC Programming, Programing Workshop — The ENGINEER will attend the programming workshop at the CITY's facility with the AES provider and the CITY. 3.5.3.1. The AES provider will conduct and lead the Programming Workshop with the ENGINEER and the CITY and the CITY's facility. 17 of 22 3.5.3.2. The purpose of this workshop is to gain input form the ENGINEER and CITY prior to submitting databases, trends, graphics, and control strategies. 3.5.3.3. The information gained in this workshop will be utilized by the AES provider to initiation the application development efforts provided by the AES provider. 3.5.4. Historical and Reports Programming Reports Workshop — The ENGINEER will attend the reports workshop at the CITY's facility with the AES provider and the CITY. 3.5.4.1. This workshop will occur after commissioning of the system and after a time where the CITY can operate and become proficient with the modified Wonderware system, but no later than three months after commissioning. 3.5.4.2. The AES provider will conduct and lead the Reports Workshop with the ENGINEER and CITY at the CITY's facility. 3.5.4.3. The purpose of this workshop is to develop the criteria for the types of reports to be provided within this Project. 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. Preparing applications and supporting documents for grants, loans, or planning advances for providing data for detailed applications. 2. Providing additional copies of reports, plans, specifications, and contract documents. 3. Processing additional shop drawings, O&M Manuals, RFIs or CMRs/PCMs above the number specified in Basic Services. 4. Attending additional meetings or site visits not covered in Basic Services. 5. Preparing environmental impact statements, storm water discharge permits, and 404 permit applications, except as specifically included in the Basic Engineering Services. 6. Excessive submittal reviews. 7. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties other than condemnation proceedings arising from the development or construction of the project, including the preparation of engineering data and reports for assistance to the CITY. 8. 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. 9. Payment of fees for permit applications and publication of notices. 18 of 22 10. Public relations activities and consulting services. 11. 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. 19 of 22 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: IMPROVEMENTS TO THE NORTH AND SOUTH WATER TREATMENT PLANTS ENGINEER -OF -RECORD CONSTRUCTION PHASE SERVICES 1. Budget Amount by Scope Item Task North WTP South WTP Total Budget Item Task Name Budget Budget Amount Amount Amount General Engineering Support and 1 $34,400 $23,800 $58,200 Coordination Engineer -of -Record Construction 2 $256,000 $32,000 $288,000 Phase Services Application Engineering Services 3 $10,800 $3,100 $13,900 Coordination Total Basic Engineering Services $301,200 $58,900 $360,100 (Not to Exceed) 2. Terms of Payment Payments to the ENGINEER will be made as follows: A. The ENGINEER shall provide the CITY sufficient documentation to reasonably substantiate the invoices. B. The ENGINEER will issue monthly invoices for all work performed under this Agreement. Invoices are due and payment within 30 days of approved receipt. C. In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. D. If the CITY fails to make payment in full to the ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving seven (7) days' written notice to CITY, suspend services under this Agreement until paid in full, including interest. In the event of suspension of services, the ENGINEER shall have no liability to the CITY for delays or damages caused the CITY because of such suspension of services. 20 of 22 Engineer's Labor and Direct Expenses (Reimbursable) A. The ENGINEER's labor will be paid on an hourly basis rate, as shown in Exhibit. C. B. 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. All 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 $360,100, 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. 21 of 22 ALAN PLUMMER ASSOCIATES, INC. EXHIBIT C This Exhibit C 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: IMPROVEMENTS TO THE NORTH AND SOUTH WATER TREATMENT PLANTS ENGINEER -OF -RECORD CONSTRUCTION PHASE SERVICES Hourly Fee Schedule (2016): Staff Description Alan Plummer Associates, Inc. Staff Code Billing Rate Admin. Staff Al — A3 $ 83.00 Senior Admin. Staff A4 $ 109.00 Designer/Technician C1 — C2 $ 94.00 Senior Designer/Technician C3 — C4 $ 120.00 Engineer -in -Training Scientist -in -Training ES1 — ES3 $ 120.00 Project Engineer/Scientist ES4 $ 144.00 Senior Project Engineer/Scientist ES5 $ 159.00 Project Manager ES6 $ 192.00 Senior Project Manager ES7 $ 229.00 Senior Structural Engineer SE1 $ 229.00 Senior Electrical Engineer EE2 $ 265.00 Principal ES8 — ES9 $ 281.00 22 of 22 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 2 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-113244 Date Filed: 09/16/2016 Date Acknowledged: 10/13/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Alan Plummer Associates, Inc. Fort Worth, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 12766 Improvements to the North and South Water Treatment Plants Engineer -of -Record Construction Phase Services 4 Name of Interested Pa Party City, State, Count lace of business ty, Country (p ) Nature of interest (check applicable) Controlling I Intermediary Plummer, Alan Fort Worth, TX United States X Wagner, Mike Fort Worth, TX United States X Minahan, John Fort Worth, TX United States X Gudal, David Fort Worth, TX United States X Hunt, Rex Austin, TX United States X Davis, Alan Fort Worth, TX United States X Glass, Peggy Austin, TX United States X Tucker, Alan Fort Worth, TX United States X Coonan, Steve Austin, TX United States X McDonald, Ellen Fort Worth, TX United States X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2of2 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-113244 Date Filed: 09/16/2016 Date Acknowledged: 10/13/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Alan Plummer Associates, Inc. Fort Worth, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 12766 Improvements to the North and South Water Treatment Plants Engineer -of -Record Construction Phase Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-113244 Date Filed: 09/16/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Alan Plummer Associates, Inc. Fort Worth, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state ardency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 12766 Improvements to the North and South Water Treatment Plants Engineer -of -Record Construction Phase Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Plummer, Alan Fort Worth, TX United States X Wagner, Mike Fort Worth, TX United States X Minahan, John Fort Worth, TX United Slates X Gudal, David Fort Worth, TX United States X Hunt, Rex Austin, TX United States X Davis, Alan Fort Worth, TX United States X Glass, Peggy Austin, TX United States X Tucker, Alan Fort Worth, TX United States X Coonan, Steve Austin, TX United States X McDonald, Ellen Fort Worth, TX United States X Forms provided by Texas Ethics Commission www.ethics. state tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2of2 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-113244 Alan Plummer Associates, Inc. Fort Worth, TX United States Date Filed: 09/16/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 12766 Improvements to the North and South Water Treatment Plants Engineer -of -Record Construction Phase Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear or affirm, under penalty of perjury, that the above disclosure is true and correct. ADRIAN DREW( MY COMMISSION EXPIRES f��/I"7y� �---- Nwembef 30, 2019 lFo ;tip: Si Vre of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said dohyl this the I Ul day of 20 1 f�, to certify which. witness my hand and seal of office. 'n l 11Y t ►'� C# m +#�"�u� r �� _ Kati � a�r�n'�nSignature of officer administering oath Printed name of officer administering oath Title of off er admini Jr Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277