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HomeMy WebLinkAboutResolution - 2018-R0360 - 2018-R0360 Professional Services Contract With Alan Plummer & Associates, Inc. - 10/09/2018Resolution No. 2018-RO360 Item No. 6.5 October 9, 2018 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, Professional Services Contract No. 13870 for North and South Water Treatment Plant Improvements No.3, by and between the City of Lubbock and Alan Plummer and Associates, a Texas Corporation, 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 9, 2018 DANIEL M. POPE, MAYOR ATTEST: Reb cca Garza, City Secret ry APPROVED AS TO CONTENT: C Jesica McEachem, Assistant City Manager APPROVED AS TO FORM: K lli Leisure, Assistant City Attorney ccdocslRES.PSC 13870- North and South Water Treatment Plant Improvements No.3 September 12,2018 Resolution No. 2018-RO360 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement') Contract No. 13870 is entered into this 9th day of October , 2018, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Alan Plummer and Associates, (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for North and South Water Treatment Plant Improvements No.3 (the "Activities"); and WHEREAS, the Engineer has a professional staff experienced and is qualified to provide professional engineering services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional 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 Agreement, the City and the Engineer hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of 460 days. If the Engineer determines that additional time is required to complete the Services, the City Engineer, may , but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page 1 of 10 ARTICLE II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services") B. The Engineer shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $1,543,234.00, as set forth in Exhibit "B", at the hourly rates provided in Exhibit "C„ ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of tennination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement 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 Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The 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. Page 2 of 10 B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement 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. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the 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 the Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Engineer shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The 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, the Page 3 of 10 Engineer and the Engineer's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE The 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 the 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. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub - consultant of the 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. Except for Professional Liability, the policies will be written on an 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: Per Occurrence Single Limit: $1,000,000 The Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial Page 4 of 10 General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the 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, the Engineer fails to maintain the required insurance in full force and effect, the 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 the Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit B, attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. Page 5 of 10 ARTICLE X. CONFIDENTIALITY The 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 THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR 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 The 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 Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement 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. Page 6 of 10 B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Alan Plummer and Associates, Inc. David Gudal, P.E. 1320 S. University Dr.,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: Josh Kristinek, P.E. City of Lubbock P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775-3397 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 Agreement, 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 AND RESPONSIBILITIES Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The 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 Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The 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, the Engineer's books and records with respect to this Agreement between the Engineer and the City. Page 7 of 10 C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT 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 AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement 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 Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through "C" attached hereto, contains the entire agreement between the City and the 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 the Engineer and the City. Page 8 of 10 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 the 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 the City or the 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 the City and the Engineer. N. Non -Appropriation. All funds for payment by the City under this Agreement 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 services provided under the Agreement, the City will terminate the Agreement, 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 Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer 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 Agreement beyond the Non -Appropriation Date. O. No Boycott of Israel. The Engineer warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) The Engineer does not boycott Israel; and (2) The Engineer will not boycott Israel during the term of the Agreement. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 9 of 10 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK -k�: DANIEL M. POPE, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Michael G. Keenum, P.E., CFM, Division Director of Engineering/City Engineer APPROVED AS TO CONTENT: gineer/Capital Projects and Design APPROVED AS TO FORM: Ki 11i Leisure, Assistant City Attorney Firm Alan Plummer and Associates, Inc. By: ([/ �A-Z David Gudal, E. Page 10 of 10 2009-071-00 ALAN PLUMMER ASSOCIATES, INC. EXHIBIT A — SCOPE OF WORK 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. 3 AND SOUTH WATER TREATMENT PLANT UPRATING IMPROVEMENTS The purpose of this Agreement is to: • Provide a design for the North Water Treatment Plant Improvements Project No. 3; • Provide a design for the South Water Treatment Plant Uprating Improvements; 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 1 6.0 Million Gallon Clearwell and 1 Million Gallon Backwash Tank Condition Assessment 1.1 The existing 6-million gallon clearwell and 1-million gallon backwash tank has damage from an apparent over -pressurization event. The CITY will provide the ENGINEER with operating data from the time the tank damage occurred, the approved shop drawings of the clearwell, and backwash tank, and relevant tank inspection records. The ENGINEER will conduct one (1) site visit to observe and assess the exterior condition of the clearwell and backwash tank. Observation of the interior of the clearwell and backwash is not included the Basic Engineering Services. 1.2 Technical Memorandum 1.2.1 The ENGINEER will prepare a draft technical memorandum describing the findings and providing recommendations for corrective actions for the clearwell and backwash tank. The draft technical memorandum will be submitted to the CITY for review and comment. 1.2.2 Upon receipt of the CITY's comments on the draft technical memorandum, the ENGINEER will prepare the final technical memorandum. The final technical memorandum will be submitted to the CITY. 2 Project Initiation and Evaluations 2.1 Project Initiation Meeting 2.1.1 The ENGINEER shall conduct a project initiation meeting with the CITY at the CITY's facility. 2.1.2 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. Alan Plummer Associates, Inc. Page 1 of 17 C:\UserslmplunklAppData\LowRMicrosoft\Windows\Temporary Intemet Files\Content.OWookWC3LBPF4WorthWTP_PmjeC3_DesignContmct_EXHIBIT_A_ONLY_201&()&18.d= 2009-071-00 2.1.3 This meeting will also review the items listed below: 2.1.3.1 Project design criteria; 2.1.3.2 Condition Assessment of 6 MG Clearwell and 1 MG Backwash Tank; 2.1.3.3 Major equipment and valve lists; 2.1.3.4 Waste backwash handling conceptual design; 2.1.3.5 Sedimentation basin residuals removal cost and risk/benefit comparison; 2.1.3.6 Equipment procurement in conjunction with General Contractor proposals; and 2.1.3.7 Terminal Storage Reservoir Piping Concepts. 2.1.3.8 Evaluate for replacement the air flow meter used to measure the air flow used during the filter backwash sequence. 2.2 Prior to the project initiation meeting, the ENGINEER will develop design criteria, assess the 1 MG Backwash and 6 MG clearwell, and perform initial evaluation of the backwash waste handling and sedimentation basins. 2.2.1 Consider two options to replace existing sedimentation basin sludge removal system with (1) the prior design using travelling sludge collector style and (2) using circular mechanisms; and 2.2.2 Spent -backwash handling improvements, including additional storage volume, sludge pumping facility and decant mechanisms with new pump station. 2.3 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. 2.4 Deliverables: 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: 2.4.1 Agenda; 2.4.2 Design criteria; 2.4.3 Concepts and sizing of basins and equipment, with initial OPCC, for the backwash handling facilities; 2.4.4 Sedimentation basin residuals removal cost and risk/benefit comparison; 2.4.5 Meeting notes will be provided to each participant within seven (7) business days of the meeting. 2.5 Backwash Waste Handling Conceptual Design 2.5.1 The objective for this item is to reduce the amount of residuals being returned to the terminal storage reservoir (TSR). The concept is based on: (1) a combination of new and existing settling basins to capture the entire backwash volume of one filter, (2) new residuals pumps to convey residuals from the basins to the existing drying beds, and (3) mechanical decant equipment and a new transfer pump station to convey the decant from the basins to the TSR. The scope for this item is to develop a conceptual design for these facilities with sizes of facilities, pumps and piping, develop preliminary layout of the facilities and develop a preliminary opinion of probable construction cost (OPCC). The Alan Plummer Associates, Inc. Page 2 of 17 C:\Users\mplunkWppData\Loo KMimwft\Windom%Temporary Intemet Files\Content.OudwkWC3LOPF41NorthWTP_Pmjed3_DesignContrad_EXHIBIT_A_ONLY_2018-00-10.dou 2009-071-00 pump station design will be based on the use of submersible pumps in a wetwell. The pump station will not have an associated building enclosing it. Design of a pump station building will be considered an additional service. Develop a preliminary design memorandum with the above information. Assess recycle return to the plant raw water as an alternative to recycling to the TSR, and solids to the gravity thickener. 2.6 Backwash controls will continue to utilize existing panels in the gallery. 2.7 Sedimentation Basin Residuals Removal 2.7.1 The ENGINEER shall compare the costs for two options for replacement of the existing sedimentation basin residuals removal equipment. 2.7.1.1 Option 1: Replacement of the existing circular mechanisms with new painted carbon steel or type 316 stainless steel circular mechanisms. This option is for a substantially in -kind replacement of the circular mechanism. The circular mechanisms will not include corner sweeps; however, shall be compatible and not preclude the addition of corner sweeps in the future. No concrete filleting of corners is included in the evaluation. The residuals blowdown valves, telescoping valves, and motor actuators will be evaluated for substantially in -kind replacement. 2.7.1.2 Option 2: Replacement of the existing circular mechanisms with new travelling sludge collector style mechanisms. The ENGINEER will utilize the previously prepared designs from 2011 as the basis of evaluation for this option with modifications for the submerged aluminum truss design to provide better corrosion control. The modifications may include the addition of a coating product to the original aluminum truss design or changing the truss to a bridge similar to the flocculators. 2.7.2 The ENGINEER will prepare summary tables for Preliminary OPCC and a summary of Risks and Benefits of each option. 2.8 Terminal Storage Reservoir (TSR) Piping: Prepare preliminary piping layouts and sections of the TSR showing the piping concepts, construction durations and down time for TSR and extent of dewatering required. Include details of connections to existing piping and valves and prepare OPCC. 3 Detailed Design — North Water Treatment Plant and Terminal Storage Reservoir Piping 3.1 Level I, Level II, and Level III Design 3.1.1 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. 3.1.2 Specifications 3.1.2.1 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 Alan Plummer Associates, Inc. Page 3 of 17 C:\Users\mplunk\App,Data\Lo Wicrosofl\Windows\Temporary Intemet Files\Content.OuUwk\NC3LOPF4WorthWTP_Pmject3_DesignContract_EXHIBIT_A_ONLY_201Bd1B-1B.dom 2009-071-00 documents will be prepared by the CITY's Purchasing Department with input from the ENGINEER. Input from the ENGINEER will primarily be on the proposal tabulation form. 3.1.2.2 Technical specifications will be prepared based on the ENGINEER's standard specifications. 3.1.3 The ENGINEER will develop the P&IDs and operation and control descriptions for each modified facility. 3.1.4 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. 3.1.5 The ENGINEER will develop a Design Report, describing and documenting the components of the project. 3.1.6 General and Civil Drawings 3.1.6.1 General sheets will provide organization and a general understanding of the project to the proposers; 3.1.6.2 Yard piping, paving, grading, and drainage (as needed); and 3.1.6.3 Standard details. 3.1.7 The ENGINEER will provide a design for the facilities at the North WTP, including the following components: 3.1.7.1 Sedimentation Basin Sludge Removal System Replacement • Based on the outcome of the cost evaluation, the ENGINEER will design the sedimentation basin sludge removal system. Note, that the fee is based on design for replacement of the circular mechanisms with similar circular mechanisms. 3.1.7.2 Flocculation and Sedimentation Basin Slide Gates Replacement • The existing slide gates at the Rapid Mix Chambers (total of 3 slide gates) will be replaced with manual slide gates. • The existing slide gates at the inlet to the six (6) Flocculation/Sedimentation Basins (total of 14 slide gates) will be replaced with manual slide gates. • The existing slide gates at the inlets to the 36-inch Flocculation/Sedimentation Basins wall mounted pipe (total of 4 slide gates) will be replaced with manual slide gates. • The existing slide gate at the west end of the Flocculation/Sedimentation Basin 4-6 settled water channel (total of 1 slide gate) will be replaced with a manual slide gates. • The existing slide gates at the launders of each of the six (6) Flocculation/Sedimentation Basins (total of 34 slide gates) will not be replaced. 3.1.7.3 Filter Valves and Actuators Replacement • The filter influent (settled water) valves and electric -motor actuators for 18 of the 20 filters will be replaced (valves at Filter No. 1 and No. 8 were replaced in Project No. 1). • The backwash supply valves and electric -motor actuators for all 20 of the filters will be replaced. Alan Plummer Associates, Inc. Page 4 of 17 C:\UwmVnplunk\AppDeta\LowrtMimw6\Windows\Temporary Intemet Files\Content OullookWC3L6PF4WorthWTP_Pmject3_DesignCoMract_EXHIBIT A_ONLY_201&0&t0.dou 2009-071-00 • The backwash waste valves and electric -motor actuators for all 20 of the filters will be replaced. • The backwash supply rate -of -flow controller for Filter Complex B will be replaced. • The pipe housing the A filter flume level transducer will be cut and removed. The pipe wall interferes with the accuracy of the flow signal. 3.1.7.4 Backwash Waste Handing Improvements • Based on the conceptual design, the ENGINEER will design the backwash waste handling improvement. The pump station design will be based on the use of submersible pumps in a wetwell. The pump station will not have an associated building enclosing it. Design of a pump station building will be considered an additional service. 3.1.8 The ENGINEER will provide a design for the facilities at the Terminal Storage Reservoir, including the following components: 3.1.8.1 TSR Piping Modifications: The TSR currently has a common inlet/outlet pipe from which Canadian River Municipal Water Authority (CMRWA) raw water enters the TSR and from which water exits the TSR to the WTP. The piping will be modified to separate the inlet and outlet piping from one another, ideally to generally opposite corners from one another. 3.1.9 The ENGINEER will prepare a horsepower list and instrument list. 3.1.10 Electrical, Instrumentation, and SCADA 3.1.10.1 The ENGINEER will include all necessary design elements for electrical systems for the above designed items. 3.1.10.2 The ENGINEER will design new instrumentation and SCADA systems for the new processes. 3.1.11 Structural, Architectural, and Building Mechanical (HVAC and plumbing) Services 3.1.11.1 The ENGINEER will provide structural, architectural, and HVAC design services for the facilities described above. 3.1.12 Opinion of Probable Construction Cost 3.1.12.1 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. 3.1.12.2 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 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 Alan Plummer Associates, Inc. Page 5 of 17 C:%Users%mplunkWppData%LooakMlorosoft%Wlrid w %Tempamry Intemet Files%Content.Outlook%NC3LOPF4WorthWTP_Pmjed3_DeslgnContrad_EXHIBIT_A_ONLY_207B-0B-18.d= 2009-071-00 aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. 3.1.13 Meetings and Workshops 3.1.13.1 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) at the CITY's facility. • Review Workshop No. 3 (Level III Design) at the CITY's facility. 3.1.13.2 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 and architectural plan drawings, and major sections; o Heating, ventilation, and air conditioning concept drawings; o Civil, mechanical, and structural standard details; o 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. 3.1.14 Deliverables 3.1.14.1 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; o Drawings; and o Specifications. • Adobe Portable Document Format (PDF) files of the agenda, drawings, and specifications will be provided prior to each workshop. • 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. Alan Plummer Associates, Inc. Page 6 of 17 C:\Us mkmplunklAppDatalLo RMicrosoft%Windom%Temporary Intemet Files\Content.OullookkNC3LOPF4WorthWTP_Pmjed3_DesignContract_EXHIBIT_A_ONLY_201&0&10,doa 2009-071-00 • For the Level II and III 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. 3.1.14.2 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. 3.1.14.3 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. 4 Lubbock South WTP Uprating Improvements 4.1 Provide engineering services to add membrane modules on the existing six skids to fill in the 25 percent spare slots. Replace belts and sheaves on two existing blowers to increase air scour rates. Coordinate with membrane manufacturer to develop scope and quote for modules, belts and sheaves, and coordinate with the membrane manufacturer to have the manufacturer provide programming modifications and setpoint changes to increase capacity to 23 MGD. Develop appropriate electrical, P&ID, and instrumentation designs and piping drawings, and specifications, and obtain manufacturer's shop drawings for equipment changes and additions. Develop construction sequence requirements and assemble with documents for general contractor to bid installation of improvements in the same project with the North WTP project. 4.2 Provide graphics creation and modification for the SCADA system. Graphic development will allow monitoring and control of the membrane system in the same manner as the previous graphics. Testing will be performed to verify correct operations, facilitating the field startup activities. These tests include an Unwitnessed Factory Test to demonstrate correct functionality and operation of the HMI graphics. In addition, one combined Operational Readiness Test (point check) and Functional Demonstration Test (system testing) will be supported to provide end -to - end verification of field signals to the HMI. It is understood that the field commissioning to take no longer than 40 hours onsite. It is assumed that the membrane manufacturer or their authorized representative will be present during field testing. Also, miscellaneous support services will be provided for up to one year. The miscellaneous on -site support consists of up to 16 hours of onsite support. A trip report will be provided to the CITY to communicate any issues noted or discussed with others. The ENGINEER assumes that configuration of switches, radios or any other devices is not in part of the scope and performing this work is an additional service. 4.3 Provide engineering services to add the remaining plate settlers in the two existing basins to expand by 33 percent and increase the flows to 23 MGD. Also, replace the troughs with 316 stainless steel. Coordinate with plate manufacturer to develop scope and quote for plates, troughs, supports, and hardware. Provide design for programming changes for increasing plant capacity to 23 MGD. Obtain manufacturer's drawings for plate addition and for troughs for general contractor to bid installation in the same project as the North WTP project. 4.4 Prepare necessary drawings, incorporating manufacturer quotes for plates and membrane equipment as described above. Coordinate with TCEQ to obtain uprating to 23 MGD. Prepare Alan Plummer Associates, Inc. Page 7 of 17 C:%Use mplunk%ppDalalLoc MAicrosoft%Wlndomrs Tempomry Inlemet Files%Contend.OutbokWC3LOPF4WorthWTP_PmjeC3_DeslgnContracl_EXHIBIT_A_ONLY_201&0&t0.dou 2009-071-00 TCEQ submittal package with supporting information as required. If required, include historical settled and raw water flow and turbidity for past two years. Prepare test protocol to achieve increase in CT credit through flocculation and settling basins. Identify alternative test chemicals and dyes and discuss with City. Coordinate with TCEQ and City for field testing requirements. City to obtain test chemicals and/or dye, perform testing, take samples, and analyze samples. Prepare test reports and submit to City for review and then to TCEQ. Participate in two conference calls with TCEQ, calls with City, and two site visits to plant for testing. 4.5 Review documents for Task 4 are included with the Task 3 review documents. 5 Terminal Storage Reservoir — Residuals Removal 5.1 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. 5.2 Residuals Removal 5.2.1 Background: The City owns and operates the Terminal Storage Reservoir (TSR). The TSR is approximately 1290 ft by 1290 ft from levee top to levee top, and has a bottom elevation of approximately 3252.0 and top of levee elevation of approximately 3296.0. The North WTP residual streams are returned to the TSR, where they settle and accumulate along with a portion of the raw water turbidity. 5.2.2 Determination of Existing TSR Condition: 5.2.2.1 Review related relevant studies, record drawings, and data provided by the City and other sources as requested by the Engineer. 5.2.2.2 Conduct a survey of the TSR. The survey will collect data on a 100-foot grid and produce a 1-foot contour surface of the current top of residuals. The survey will also collect horizontal and vertical data on any structures or above grade appetencies within the survey limits. The limit of survey will be the existing fence line. 5.2.2.3 Using survey data and information gathered from the City and other sources will determine the existing TSR capacity. 5.2.2.4 Using survey data and information gathered from the City and other sources will determine the existing residual solids accumulation in the TSR. 5.2.2.5 Advise the City of the need for sampling and testing of the residual solids accumulated the TSR; sampling and testing will be conducted utilizing City personnel and laboratory facilities as needed. Examples of such residual tests are as follows: • Test residuals percent solids concentration at various depths and locations • Test residual Toxicity Characterization Leaching Procedure (TCLP) testing of the rheological properties of the residual solids. 5.2.2.6 Prepare a letter summarizing the solids volumes in the TSR. 5.2.3 Design Services Alan Plummer Associates, Inc. Page 8 of 17 C:\Usen;\mplunkWpp,Data\Lo rtMicmmft\Windows\Temporary Intemet Files\Content.Outlook\NC3LOPF4\NorthWTP_PmJed3_DesignContrack_E%HIBIT_A_ONLY_201&0&t0.d= 2009-071-00 5.2.3.1 Drawings: Prepare drawings and figures that show the location of TSR, the site access routes, and the limits of the Contractor's work area. 5.2.3.2 Documents: Generate specifications and contract documents for the Proposers use in submitting proposals. Proposal documents will be based on Contractor land applying the residuals taken from the TSR. 5.2.3.3 Opinion of Cost: Engineer will prepare an opinion of how much material can be removed from the TSR for the amount the City has budgeted for the project. 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 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. 5.2.3.4 Review: Submit drawings and documents for CITY's review and incorporate comments received from the CITY. 5.2.4 Meetings and Site Visits Summary 5.2.4.1 No separate meetings will occur for Task 5. Task 5 will have one meeting, which is to occur on the same date as the Task 3 Review Workshop No. 1. 5.2.4.2 Conduct additional TSR site visits as described below in Task 7. 5.2.5 Deliverables Summary 5.2.5.1 Letter summarizing the TSR survey of accumulated solids 5.2.5.2 Plans and Specifications for residuals removal 5.2.6 Advertisement 5.2.6.1 The CITY will secure proposals, issue notice to offerors, and notify construction news publications of the Project. 5.2.6.2 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. 5.2.6.3 The CITY will handle distribution of the request for proposal documents (drawings, technical specifications, and contract documents). 5.2.6.4 The ENGINEER will participate in one (1) pre -proposal conference at locations designated by the CITY. 5.2.6.5 The ENGINEER will respond to requests and prepare addenda for the CITY to issue, as required. Alan Plummer Associates, Inc. Page 9 of 17 C:\UwmlmplunkVAppDeta%LowllMi=wft\Windows\Temporary lntemet FileslContent.Outlook\NC3LBPF4WorthWTP_Pmlect3_DesignContraci_EXHIBIT_A ONLY_201&0&1B.d= 2009-071-00 5.2.7 Proposal Opening 5.2.7.1 The ENGINEER will attend the proposal opening. 5.2.8 Proposal Review and Recommendation 5.2.8.1 The ENGINEER shall participate with the CITY in one (1) conference call to review and evaluate the proposals submitted for the Project. 5.2.8.2 The ENGINEER will review the proposals based on the criteria established in the request for proposals. 5.2.8.3 The ENGINEER will provide the CITY with a recommendation letter based on the findings of the proposal review. 5.2.9 Conformed Specifications and Drawings 5.2.9.1 The ENGINEER shall prepare conformed front end contract documents, technical specifications and drawings based upon the addenda issued during the advertisement. 5.2.9.2 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. 5.2.9.3 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 5.2.9.4 The CITY will distribute front end contract documents, technical specifications, and drawings at the Preconstruction Meeting and as outlined CITY Construction Contractor Construction Representative ENGINEER in the table below. Volume I (Front End Contract Terms) EXECUTED 2 2 1 1 Volume II Volume III (Technical Specifications) (Drawings) CONFORMED CONFORMED 2 2 half / 1 full 2 1 half / 1 full 1 1 half / 1 full 1 1 half / -0- full 5.2.9.5 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. 6 Advertisement and Proposal Phase Services - North Water Treatment Plant, Terminal Storage Reservoir Piping and South Water Treatment Plant Uprating Improvements. 6.1 Advertisement 6.1.1 The CITY will secure proposals, issue notice to offerors, and notify construction news publications of the Project. Alan Plummer Associates, Inc. Page 10 of 17 C:%UserstmplunklAppDetaU-o iUAlorosoft\Windows\Temporary Intemet Files\Content.Outlook%NC3LOPF4WorthWTP_Pmjed3_DesignContreci_FXM181T_A_ONLY_201&0&10.do 2009-071-00 6.1.2 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. 6.1.3 The CITY will handle distribution of the request for proposal documents (drawings, technical specifications, and contract documents). 6.1.4 The ENGINEER will participate in one (1) pre -proposal conference at locations designated by the CITY. 6.1.5 The ENGINEER will respond to requests and prepare addenda for the CITY to issue, as required. 6.2 Proposal Opening 6.2.1 The ENGINEER will attend the proposal opening. 6.3 Proposal Review and Recommendation 6.3.1 The ENGINEER shall participate with the CITY in one (1) conference call to review and evaluate the proposals submitted for the Project. 6.3.2 The ENGINEER will review the proposals based on the criteria established in the request for proposals. 6.3.3 The ENGINEER will provide the CITY with a recommendation letter based on the findings of the proposal review. 6.4 Conformed Specifications and Drawings 6.4.1 The ENGINEER shall prepare conformed front end contract documents, technical specifications and drawings based upon the addenda issued during the advertisement. 6.4.2 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. 6.4.3 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 6.4.4 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 II 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 6.4.5 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. Alan Plummer Associates, Inc. Page 11 of 17 C:\Usem\mplunklAppDate\LowWi=wO\Wlndo XTemporery Intemel Files%Contenl.Outlook%NC3LOPF4WorthWTP_Pmject3_DesignContract_EXHIBIT_A_ONLY_201B-OB-16doc 2009-071-00 7 Surveying and Geotechnical Services 7.1 Perform control and topographic surveying for the North WTP site as needed for the design of the facilities. 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. 7.2 Perform soil borings on plant site required for design. Perform soil testing and develop foundation design parameters for plant facilities. 7.2.1 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. 7.2.2 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. 8 Project Management 8.1 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. 8.2 The ENGINEER will prepare a project management plan including scope, budget, schedule, communication plan, project team, and file organization. 8.3 The ENGINEER will conduct internal team coordination meetings as required to accomplish the work. 8.4 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. 8.5 The ENGINEER will coordinate, prepare, review, and issue monthly invoices for payment. 8.6 The ENGINEER will maintain and update, on a monthly basis, the following items: 8.6.1 Action item log. 8.6.2 Decision log. 8.6.3 Project change log. 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 Finished Water Quality Assessment 1.1. The TCEQ has initiated reviews of the water systems in Texas for water corrosivity and stability associated with the Lead and Copper Rule. The Lubbock North WTP finished water quality data was requested by the TCEQ during the review of the prior project's plans and specifications. The water has the potential to be corrosive especially in colder temperatures. 1.2. To address this, the ENGINEER will obtain two (2) years of data for each potable water source (North WTP, South WTP, and Bailey County Well Field) and run the RTW model over the range of temperatures and water quality to assess the water stability and corrosivity. The data to be provided by the CITY will include (1) the raw water and finished water quality characteristics (total dissolved solids, temperature, pH, alkalinity as calcium carbonate, calcium as calcium carbonate, chloride, and sulfate), and (2) doses and chemical percent solution for all chemicals Alan Plummer Associates, Inc. Page 12 of 17 C:\Usere\mplunkWppData\LowftMicrosofl\Windows\Temporary Intemet Files\Content OWIookWC3LOPF4WoithWTP_Pmject3_DesignContract_EYHIBIT_A_ONLY_201B-0B-t0.dou 2009-071-00 fed into the water for treatment. 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. 1.3. Identify possible scenarios for the corrosive water conditions that may be mitigated by treatment adjustments to provide a positive corrosivity index with the caustic addition or a different coagulant. 1.4. Determine the caustic facilities to achieve a positive corrosivity index at the North WTP and South WTP and prepare and OPCC for the proposed facilities. 1.5. The ENGINEER will summarize this information in a technical memorandum. 1.5.1.The ENGINEER will submit the draft technical memorandum to the CITY for review and comment. 1.5.2.The ENGINEER will incorporate comments from the CITY and submit the final technical memorandum to the CITY. 2. Inspection of the interior of the clearwell and backwash tank. 3. Redesign of the automatic backwashing protocol. 4. Additional meetings or site visits as requested by the CITY. 5. Design of a pump station building for the backwash waste handling improvements. 6. Design of replacement hardware, software, or new PLC panels. 7. Preparing applications and supporting documents for grants, loans, or planning advances for providing data for detailed applications, or providing assistance with any specific efforts to secure funding. 8. Meetings, conversations, and coordination with regulatory and other relevant agencies regarding funding opportunities for the project. 9. Providing additional copies of reports, plans, specifications, and contract documents. 10. Preparing environmental archeological surveys (back hoe trenching or architectural historian), environmental impact statements or assessments, storm water discharge permits, and 404 permit applications, except as specifically included in the Basic Engineering Services. 11. Appearing before the TCEQ. 12. 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. 13. 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. 14. Payment of fees for permit applications and publication of notices. 15. Public relations activities and consulting services. 16. Services associated with startup assistance. Alan Plummer Associates, Inc. Page 13 of 17 C:kUserslmplunkWppDetelLowTVAlcrosoflkWindow kTemporery Intemet FileskContenl.OutlookkNC3LOPF4kNorthWTP_Pmjed3_DesignContrad_EXHIBIT_A_ONLY_2018-08-10.d= 2009-071-00 17. Field layouts or the furnishing of construction line and grade surveys. Providing onsite alignment staking for negotiating with land owners. 18. Additional advertisement and bid phase services for a separate project, other than as described in Basic Services. Providing additional topographic surveys not included in Basic Services. 19. Assisting the OWNER in claims disputes with Contractor(s). 20. Performing investigations, studies, and analyses of substitutions of equipment and/or materials or deviations from the plans and specifications. 21. Assisting OWNER or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. 22. Sampling, testing or analysis beyond that specifically included in Basic Services. 23. Preparing copies of Computer -Aided Drafting (CAD) electronic databases, drawings, or files for the OWNER's use in a future CAD system. 24. Reviewing contractor submittals beyond the number included in Basic Services. 25. Preparation of Equipment Preselection documents and assistance in advertising, receiving and evaluating equipment proposals including distribution of bidding documents. 26. 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 14 of 17 C:\UwmVnplunk\AppData%lowRMi=wR\Windows\Temporary Inlemet Files\Content.Outlook\NC3LBPF4\NodhWTP_Pmjed3_DesignContred_EXHIBIT_A_ONLY_2018-08-10.do= 2009-071-00 ALAN PLUMMER ASSOCIATES, INC. EXHIBIT B - COMPENSATION 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. 3 AND SOUTH WATER TREATMENT PLANT UPRATING IMPROVEMENTS 1. Not to Exceed by Scope Item Task Item Task Name Not to Exceed 1 6.0 Million Gallon Clearwell and 1.0 Backwash Tank $33,590 Condition Assessment 2 Project Initiation and Evaluations $139,777 3 Detailed Design — North Water Treatment Plant and $916,296 Terminal Storage Reservoir Piping 4 Lubbock South WTP Uprating Improvements $88,739 5 Terminal Storage Reservoir — Residuals Removal $77,648 Advertisement and Proposal Phase Services - North 6 Water Treatment Plant, Terminal Storage Reservoir Piping $65,784 and South Water Treatment Plant Uprating Improvements 7 Surveying and Geotechnical Services $39,178 8 Project Management $182,222 Total Basic Engineering Services (Not to Exceed) $1,543,234 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 Alan Plummer Associates, Inc. Page 15 of 17 C:\Users\mplunkWppData\LomhMi=wft\Windows\Temporary Internet Files\Content Outlook\NC3LBPF4WorthWTP_Pmject3_DesignContract_EXHIBIT_A_ONLY 201&0&10 doa 2009-071-00 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. 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 $1,543,234, unless this Agreement is amended otherwise by the City Council. The final compensation for the major tasks can be over or under the not to exceed amount per task, as shown in Item 1 of this Exhibit B, as long as the total "Not to Exceed" amount is not surpassed. Alan Plummer Associates, Inc. Page 16 of 17 C:\UsersWplunkWppDetaLLomRMicmwftXWindow lTemparery Intemet Files\Content.Oulbok\NC3LOPF4\NorthWTP_Pmjecl3_DesignContrect_EXFIIBIT_A_ONLY_201&0&10.dou 2009-071-00 ALAN PLUMMER ASSOCIATES, INC. EXHIBIT C — HOURLY FEE SCHEDULE 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: NORTH WATER TREATMENT PLANT IMPROVEMENTS PROJECT NO. 3 AND SOUTH WATER TREATMENT PLANT UPRATING IMPROVEMENTS Hourly Fee Schedule (2018): Alan Plummer Associates, Inc. Staff Description Staff Code Billing Rate Admin. Staff Al — A3 $ 93.00 Senior Admin. Staff A4 $ 124.00 Designer/Technician C1 — C2 $ 93.00 Designer/Technician C3 $ 119.00 Senior Designer/Technician C4 $ 145.00 Engineer/Scientist Intern ESO $ 62.00 Engineer -in -Training Scientist -in -Training ES1 — ES2 $ 114.00 Engineer -in -Training Scientist -in -Training ES3 $ 129.00 Project Engineer/Scientist ES4 $ 145.00 Senior Project Engineer/Scientist ES5 $ 176.00 Project Manager ES6 $ 201.00 Senior Project Manager ES7 $ 248.00 Principal ES8 — ES9 $ 299.00 Alan Plummer Associates, Inc. Page 17 of 17 C:\Usars\mplunkWppData\Lorsl\Mlcrosoft\Windows\Temporary Intemet Files\Content.Outlook\NC3LOPF4\NorthWTP_Pmject3_DeslgnContract_EXHIBIT_A_ONLY_2010-00-10.do AC"IZ& CERTIFICATE OF LIABILITY INSURANCE ATE(MMIDDIYYYY) r 6/13/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 McLaughlin Brunson A Risk trategles Comppany 12801 N CENTRAL EXPY, STE 1710 Dallas, TX 75243 CONTACT NAME: JOB B ant PHONE FAX .No E■Us (214) 503-1212 (A/c No: 214 503-8899 ADDRESS: certificate mclau hlinbrunson.com INSURERS AFFORDING COVERAGE NAIC III INSURER A: XL Specialty Insurance Company 37885 INSURED Alan Plummer Associates, Inc. 1320 South University Drive INSURER B: Valley Forge Insurance Company 20508 INSURER C : Continental Casualty Company 20443 INSURER D : Ste. 300 Fort Worth TX 76107 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 42505333 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR T TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLIC MM/DDY EFF POLICY EXP MMIDD/YYYY LIMITS B L/ I COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F-Z OCCUR I6024858522 6/15/2018 6/15/2019 EACH OCCURRENCE $1 000 000 DA— 1�E TO'ii D PREMISES Ea occurrence) $1 000 000 MED EXP (Any one person) $10 000 Coverage W�M:':', tractual Liability PERSONAL & ADV INJURY $1 OOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ✓❑ JET LOC GENERAL AGGREGATE S 2,000,000 12,000,000 PRODUCTS • COA1PlOP AGG OTHER: Valuable Papers $100 000 B AUTOMOBILE LIABILITY ANY AUTO 6024858522 No Owned Autos 6/15/2018 6/15/2019 I EOaccBIN cdeDISINGLELIMIT $1 000000 BODILY INJURY (Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY ✓ AUTOS ONLY Iv ) BODILY INJURY (Per accident S PROPERTY DAMAGE Per accident $ $ C ✓ UMBRELLA LIAB OCCUR 6024858536 6/15/20111 6/11/2019 EACH OCCURRENCE $ 5,000,000 AGGREGATE EXCESS LIAB I CLAIMS -MADE $ 5 000 000 DED I ✓ I RETENTIONS 10,000 I S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERlEXECUTIVE OFFICER/MEMBEREXCLUDED? N I A I PER OTH- STATUTE I IER $ E.L. EACH ACCIDENT E.L. DISEASE . EA EMPLOYEE $ (Mandatory In NH) II yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I S A Professional Liability Pollution Liability I IDPR9924481 5/9/2018 5/9/2019 Per Claim $2.000,000 Annual Aggregate $3.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Roma rks Schedule, maybe attached If more space is required) The City of Lubbock is named as additional insured on the general, auto and umbrella liability coverages as required by contract. A waiver of subrogation is shown in favor of the additional insured on all polices as required by contract. The general and umbrella liability coverages are on a primary and non-contributory basis. The auto liability coverage is on a primary basis. The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible. Thirty (30) day notice of cancellation In favor of the certificate holder on all policies. r rvw u� VAN%,r_LLA I ]LON City of Lubbock Attn: John Turpin PO BOX 2000 1625 13th Street Lubbock TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Joe Bryant U 1958-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 42505333 1 18/19 GL/AL/UL/PL I Stephanie Chandler 1 6/13/2018 11:54:32 Aid (CDT) I Page 1 of 2 BHA Alan Plummer Associates, Inc. 6024858522 SB-146968-A (Ed. 01 /06) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C.) of the Businessowners Liability Coverage Form is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the 'bodily injury,' *property damage,' or 'personal and advertising injury.' B. The Insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from 'your work' for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional Insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured within this endorsement and section titled LIABILITY AND MEDICAL EXPENSE DEFINITIONS — "Insured Contract" (Section F.9.) within the Businessowners Liability Coverage Form, does not apply to 'bodily injury' or 'property damage' arising out of the 'products -completed operations hazard' unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to 'bodily injury,' 'property damage,' 'personal and advertising injury' arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 5. This insurance does not apply to 'bodily injury,' 'property damage,' or 'personal and advertising injury' arising out of: a. The construction or demolition work while you are acting as a construction or demolition contractor. This exclusion does not apply to work done for or by you at your premises. C. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS — Duties In The Event of Occurrence, Offense, Claim or Suit (Section E.2.) of the Businessowners Liability Coverage Form is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or 'suit" under this insurance; SB-146968-A (Ed. 01 /06) Page 1 of 2 In 0 0 0 2. Tender the defense and indemnity of any claim or 'suit' to us for a loss we cover under this Coverage Part; 3. Tender the defense and indemnity of any claim or 'suit' to any other insurer which also has insurance for a loss we cover under this Coverage Part; and 4. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnity an additional insured under this endorsement until we receive written notice of a claim or 'suit' from the additional insured. D. OTHER INSURANCE (Section H. 2. & 3.) of the Businessowners Common Policy Conditions are deleted and replaced with the following: 2. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional Insured's own coverage. This insurance is excess over any other Insurance to which the additional insured has been added as an additional insured by endorsement. 3. When this insurance Is excess, we will have no duty under Coverages A or B to defend the additional insured against any 'suit' if any other insurer has a duty to defend the additional insured SB-146968-A (Ed. 01 /06) against that 'suit' If no other Insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Section K.2.) of the Businessowners Common Policy Conditions is deleted and replaced with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or 'your work' done under a contract with that person or organization and included within the 'products -completed operations hazard.' SB-146968-A (Ed. 01 /06) Page 2 of 2 Alan Plummer Associates, Inc. 6024858536 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; IL 00 17 1198 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 Alan Plummer Associates, Inc. DPR9924481 2. The specific nature and extent of the injury or damage that has been sustained, and 3. How the INSURED first became aware of such CIRCUMSTANCE(S), then any CLAIM(S) that may subsequently be made against the INSURED arising out of such reported CIRCUMSTANCE(S) shall be deemed to have been made on the date first written notice of the CIRCUMSTANCE(S) was received by the Company. This right conferred upon the INSURED in this Paragraph shall terminate at the end of the POLICY PERIOD and shall not exist during the Automatic Extended Reporting Period or Optional Extended Reporting Period. XI. OTHER CONDITIONS A. Cancellation This Policy may be canceled by the NAMED INSURED by surrender thereof to the Company or any of its authorized agents or by mailing to the Company written notice stating when thereafter the cancellation shall be effective. This Policy may be canceled by the Company by mailing to the NAMED INSURED, at the address stated in Item 1. of the Declarations, written notice stating when, not less than thirty (30) days thereafter (or ten (10) days thereafter for non-payment of premium), such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the POLICY PERIOD. Delivery of such written notice either by the NAMED INSURED or by the Company shall be equivalent to mailing. If this Policy is canceled, earned premium shall be computed in accordance with the Company's guidelines with respect to cancellation. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. B. Action Against The Company No action may be brought against the Company unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this Policy, nor until the amount of the INSURED'S obligation to pay shall have been finally determined either by judgment against the INSURED in a contested proceeding after final judgment has been rendered and any appeal decided, or by written agreement of the INSURED, the claimant and the Company. No person or organization shall have any right under this Policy to join the Company as a party to any action against the INSURED to determine the INSURED'S liability, nor shall the INSURED or the INSURED'S legal representative join the Company in such action. Bankruptcy or insolvency of the INSURED or the INSURED'S estate shall not relieve the Company of any of its obligations hereunder. C. Assignment This Policy may not be assigned or transferred without written consent of the Company. D. Subrogation In the event of any payment under this Policy, the Company shall be subrogated to all the INSURED'S rights of recovery therefor against any person or organization, and the INSURED shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The INSURED shall do nothing after a CLAIM(S) to prejudice such rights. However, it is agreed that the Company waives its rights of subrogation under this Policy against clients of the INSURED as respects any CLAIM(S) arising from PROFESSIONAL SERVICES, or CONTRACTING SERVICES under the client's contract requiring waiver of subrogation, but only to the extent required by written contract. LDD 050 1116 Page 15 of 16 5/2/2018 2:37:10 PM © 2016 X.L. America, Inc. All Rights Reserved. May not be copied without permission. Client#: 52837 ALANPLUM ACORD_ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 7/06/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder In lieu of such endorsement(s), PRODUCER NTACT NAMNicole Larsen Greyling Ins. Brokerage/EPIC P ONE FAX (A/c, No, Ext): 770-552-4225 (A/C N,), 866 550-4082 3780 Mansell Rd. Suite 370 E-MAIL N'Cole.Larsen re 11n com ADDRESS: �g Y g Alpharetta, GA 30022 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Sentinel Insurance Company 11 DDD INSURED Alan Plummer and Associates, Inc. INSURER B INSURER C : 1320 S. University Dr. Ste 300 INSURER D : Fort Worth, TX 76107 INSURER E : INSURER F : lIuvcmmuCa GER iFiGA t: NUMBER: Ttt-19 REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMID NYYYI LIMITS COMMERCIAL GENERAL LIABILITY I� CLAIMS -MADE OCCUR EACH OCCURRENCE S PREMISES Ea occurrence S MED EXP (Any one person) S PERSONAL d ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: PRO- POLICV F—IJECT LOC GENERAL AGGREGATE 5 PRODUCTS - COMPIOP AGG S _ OTHER. S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident S BODILY INJURY (Per person) 5 N ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS FIAUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY ONLY I I- I S PROPERTY DAMAGE Per accident I c UMBRELLA LIAR OCCUR — EACH OCCURRENCE f EXCESS LIAB CLAIMS -MADE AGGREGATE _ S DED RETENTIONS S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITYTE ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? � I N I A 20WBGAT3126 1/01/2018 01/01/2019 X PER OTH- E.L. EACH ACCIDENT S1,000,000 S1,000 000 (Mandatory yes,dscnbe and I! yes, describe under E.L DISEASE - EA EMPLOYEE j S1,000,000 DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT I i DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached If more space Is required) Waiver of Subrogation is applicable where required by written contract & allowed by law. City of Lubbock Attn: John Turpin PO BOX 2000 1625 13th Street Lubbock,TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Agw- ® 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 1 of 1 #S1121026/M1121024 The ACORD name and logo are registered marks of ACORD NLAR1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 20 WEG AT3126 Endorsement Number: Effective Date: 01/01/18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: ALAN PLUMMER AND ASSOCIATES, INC. 1320 S UNIVERSITY DR STE 300 FORTH WORTH, TX 76107 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 ( ) Special Waiver Name of person or organization 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. Operations: T3D 3. Premium: The premium charge for this endorsement shall be 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: 12/29/17 Policy Expiration Date: 01/01/19 CERTIFICATE OF INTERESTED PARTIES FORM 1.295 lofl 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. 2018-402045 Alan Plummer Associates, Inc. Fort Worth, TX United States Date Filed: 09/10/2018 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: 10/02/2018 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. 13870 Lubbock Water Treatment Plant Improvements Phase III Design, Phase II Construction Administration and Resident Representative Nature of interest 4 Name of Interested Party City,State, Country (place of business) (check applicable) Controlling Intermediary Coonan, Steve Austin, TX United States X Caffey, Jeffrey Fort Worth, TX United States X Hunt, Rex Austin, TX United States X Tucker, Alan Dallas, TX United States X Gudal, David Fort Worth, TX United States X Davis, Alan Fort Worth, TX United States X McDonald, Ellen Fort Worth, TX United States X Young, Chris Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity i (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 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. 2018-402045 Alan Plummer Associates, Inc. Fort Worth, TX United States Date Filed: 09/10/2018 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. 13870 Lubbock Water Treatment Plant Improvements Phase III Design, Phase II Construction Administration and Resident Representative Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Coonan, Steve Austin, TX United States X Caffey, Jeffrey Fort Worth, TX United States X Hunt, Rex Austin, TX United States X Tucker, Alan Dallas, TX United States X Gudal, David Fort Worth, TX United States X Davis, Alan Fort Worth, TX United States X McDonald, Ellen Fort Worth, TX United States X Young, Chris Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Tammy Kilhullen and my date of birth is My address is 1320 S. University Dr. Fort Worth TX 76107 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas , on the 10 day of September , 20 18 (month) (year) Sig t re uthorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711