HomeMy WebLinkAboutResolution - 2016-R0069 - Professional Services Agreement - Alan Plummer Associates, Inc. - 02/25/2016Resolution No.2016-R0069
Item No.5.12
February 25,2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock,a Professional Services Agreement
relating to the general Construction Administration of the Northwest Water Reclamation
Plant Pipelines Projects,by and between the City of Lubbock and Alan Plummer
Associates, Inc.. and related documents. Said Agreement 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 February 25,2016 .
ATTEST:
A iUx^^
Rebecca Garza.City Secretai
Jl
APPROVED AS TO CONCENT:
f --^-,'£*-C--C —
/Wood Franldin/P.E.,Director of Public Works
APPROVED AS TO FORM:
GLEN C.ROBERTSON,MAYOR
RKS.PSC-Alan Plummer Associates,Inc.-Construction Administration-Northwest Water Reclamation Plant
Pipelines Project 2.9.16
2.9.2016
Resolution No. 2016-R0069
PROFESSIONAL SERVICES CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Contract, (the "Contract' or "Agreement'), effective as of the25thday of February
2016 (the "Effective Date"), is by and between the City of Lubbock, (the "CITY"), a Texas home rule
municipal corporation, and Alan Plummer Associates, Inc., ("ENGINEER") a Texas professional
corporation authorized to conduct business in Texas.
WITNESSETH
WHEREAS, the City desires to obtain professional engineering services related to the general
Construction Administration of the Northwest Water Reclamation Plant Pipeline Projects (the "Activities");
WHEREAS, ENGINEER has a professional staff experienced and is qualified to provide
professional engineering services related to the Activities, and will provide the Services, as defined below,
for the price provided herein, said price stipulated by CITY and ENGINEER to be a fair and reasonable
price; and
WHEREAS, the CITY desires to contract with ENGINEER to provide professional engineering
services related to the Activities and ENGINEER desires to provide the Services related to same.
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in
this Contract, the CITY and ENGINEER hereby agree as follows:
ARTICLE I. TERM
The term of this Contract commences on the Effective Date and continues without interruption for
a term of 500 days. If the ENGINEER determines that additional time is required to complete the
Services, the CITY Engineer, may in his discretion, but is not obligated to, execute an agreement to grant
up to an additional six (6) months of time to complete the Services so long as the amount of the monetary
consideration does not increase. An amendment to this Agreement resulting in an increase in the amount
of the monetary consideration must be approved by the CITY acting through its governing body.
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ARTICLE II. SERVICES AND COMPENSATION
A. ENGINEER shall conduct all activities and within such timeframes as set forth on Exhibit "A,"
attached hereto (the "Services").
B. ENGINEER shall receive as consideration to be paid for the performance of the Services set
forth in the Basic Services, and if directed by City, the Additional Services and/or Special Services, based
on hourly rates, not to exceed $271,937, per Exhibit "A," Exhibit "B," and Exhibit "C."
ARTICLE III. TERMINATION
A. General. CITY may terminate this Contract, for any reason or convenience, upon thirty (30)
days written notice to ENGINEER. In the event this Agreement is so terminated, the CITY shall only pay
ENGINEER for services actually performed by ENGINEER up to the date ENGINEER is deemed to have
received notice of termination as provided herein.
B. Termination and Remedies. In the event ENGINEER breaches any term and/or provision of
this Contract, the CITY shall be entitled to exercise any right or remedy available to it by this Contract, at
law, equity, or otherwise, including without limitation, termination of this Contract and assertion of an
action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the
concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative.
ARTICLE IV. NON -ARBITRATION
The CITY reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the CITY shall not be subject to any arbitration process prior to exercising
its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not
exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and
another provision in, or related to, this document, this provision shall control.
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ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. ENGINEER is a corporation duly organized, validly existing, and in good standing
under the laws of the State of Texas and is qualified to carry on its business in the State of Texas.
B. Corporate Power. ENGINEER has the corporate power to enter into and perform this Contract
and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Contract and the activities
contemplated hereby have been duly and validly authorized by all the requisite corporate action on the
part of ENGINEER. This Contract constitutes legal, valid, and binding obligations of the ENGINEER and
is enforceable in accordance with the terms thereof.
D. Engineer. ENGINEER maintains a professional staff and employs, as needed, other qualified
specialists experienced in providing the Services, and are familiar with all laws, rules, and regulations,
both state and federal, including, without limitation the applicable laws, regarding the Activities
contemplated hereby.
E. Performance. ENGINEER will and shall conduct all activities contemplated by this Contract in
accordance with the standard of care, skill and diligence normally provided by a professional person in
performance of similar professional engineering services, and comply with all applicable laws, rules, and
regulations, both state and federal, relating to professional engineering services, as contemplated hereby.
F. Use of Copyrighted Material. ENGINEER warrants that any materials provided by ENGINEER
for use by CITY pursuant to this Contract shall not contain any proprietary material owned by any other
party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance
or contractual obligation relating to the use or reproduction of materials. ENGINEER shall be solely
responsible for ensuring that any materials provided by ENGINEER pursuant to this Contract satisfy this
requirement and ENGINEER agrees to indemnify and hold CITY harmless from all liability or loss caused
to CITY or to which CITY is exposed on account of ENGINEER's failure to perform this duty.
ARTICLE VI. SCOPE OF SERVICES
ENGINEER shall accomplish the following:
Professional Engineering Services related to the general construction administration of the Northwest
Water Reclamation Plant Pipeline project, as defined and provided in Exhibit "A," "Scope of Services."
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ARTICLE VII. INDEPENDENT CONTRACTOR STATUS
ENGINEER and CITY agree that ENGINEER shall perform the duties under this Contract as an
independent contractor and shall be considered as independent contractor under this Agreement and/or
in its activities hereunder for all purposes. ENGINEER has the sole discretion to determine the manner in
which the services are to be performed. During the performance of the Services under this Agreement,
ENGINEER and ENGINEER's employees and/or subconsultants, will not be considered, for any purpose,
employees or agents of the CITY within the meaning or the application of any federal, state, or local law
or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment
insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind.
ARTICLE Vill. INSURANCE
ENGINEER shall procure and carry, at its sole cost and expense through the life of this
Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form
and substance satisfactory to CITY, carried with an insurance company authorized to transact business in
the state of Texas, covering all aspects and risks of loss of all operations in connection with this
Agreement, including without limitation, the indemnity obligations set forth herein. ENGINEER shall obtain
and maintain in full force and effect during the term of this Agreement, and shall cause each approved
subcontractor or subconsultant of ENGINEER to obtain and maintain in full force and effect during the
term of this Agreement, commercial general liability, professional liability, and automobile liability
coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of
Texas. The insurance companies must carry a Best's Rating of A-VII or better. All policies, except
Professional Liability, will be written on per occurrence basis subject to the following minimum limits of
liability:
Commercial General Liability:
Per Occurrence Single Limit: $1,000,000
General Aggregate Limit: $2,000,000
Professional Liability:
Combined Single Limit: $1,000,000
Automobile Liability:
Combined Single Limit for any auto: $1,000,000 Per Occurrence
Employer's Liability: $1,000,000 Per Occurrence
ENGINEER shall further cause any approved subcontractor or subconsultant to procure and
carry, during the term of this Agreement, insurance coverage, as specified above for ENGINEER,
including without limitation protecting CITY against direct losses caused by the professional negligence of
the approved subcontractor or subconsultant. The CITY shall be listed as a primary and noncontributory
additional insured with respect to the Automobile Liability and Commercial General Liability and shall be
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granted a waiver of subrogation under those policies. ENGINEER shall provide a Certificate of Insurance
to the CITY as evidence of coverage.
The Certificate shall provide 30 days' notice of cancellation. A copy of the additional insured
endorsement and waiver of subrogation attached to the policy will be included in the Certificate.
ENGINEER shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the
Texas Labor Code. Further, ENGINEER shall maintain said coverage throughout the term of this
Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the
ENGINEER maintains said coverage. The ENGINEER may maintain Occupational Accident and Disability
Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a
waiver of subrogation in favor of the CITY. If at any time during the life of the Agreement or any extension
hereof, ENGINEER fails to maintain the required insurance in full force and effect, ENGINEER shall be in
breach hereof and all work under the Agreement shall be discontinued immediately.
Notwithstanding anything contained herein to the contrary, the professional liability policy shall be
maintained, at ENGINEER's sole cost and expense. The retroactive date shall be no later than the
commencement of the performance of this Contract and the discovery period (possibly through tail
coverage) shall be no less than ten (10) years after the completion of work specified in this Contract. The
provisions of this Article VIII shall survive the termination or expiration of this Agreement.
ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS
ENGINEER may employ or retain consultants, contractors, or third parties (any of which are
referred to herein as "Subconsultant"), to perform certain duties of ENGINEER, as set forth on Exhibit "A,"
attached hereto, under this Contract, provided that the CITY approves the retaining of Subconsultants.
ENGINEER is at all times responsible to CITY to perform the Services as provided in this Agreement and
ENGINEER is in no event relieved of any obligation under this Contract upon retainage of any approved
Subconsultant. Any agent and/or Subconsultant retained and/or employed by ENGINEER shall be
required by ENGINEER to carry, for the protection and benefit of the CITY and ENGINEER and naming
said third parties as additional insureds, insurance as required of ENGINEER, as described above in this
Contract.
ENGINEER represents that such services are either under applicable value thresholds or are
otherwise exempt from notice and/or bid requirements under Texas Law.
ARTICLE X. CONFIDENTIALITY
ENGINEER shall retain all information received from or concerning the CITY and the CITY's
business in strictest confidence and shall not reveal such information to third parties without prior written
consent of the CITY, unless otherwise required by law.
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ARTICLE XI. INDEMNITY
ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS
ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS,
LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION,
INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF
LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON,
OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR
PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO, OR OCCASIONED BY, THE
NEGLIGENT ACTS OF ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS,
RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT
AND/OR THE USE OF OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION
PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS
ENGINEER shall comply with all applicable federal, state and local laws, statutes, ordinances,
rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any
amendments thereto.
ARTICLE XIII. NOTICE
A. General. Whenever notice from ENGINEER to CITY or CITY to ENGINEER is required or
permitted by this Contract and no other method of notice is provided, such notice shall be given by
(1) actual delivery of the written notice to the other party by hand (in which case such notice shall be
effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by
depositing the written notice in the United States mail, properly addressed to the other party at the
address provided in this article, registered or certified mail, return receipt requested, in which case such
notice shall be effective on the third business day after such notice is so deposited.
B. ENGINEER's Address. ENGINEER's address and numbers for the purposes of notice are:
Alan Plummer Associates, Inc.
Attn: David Gudal, P.E.
1320 South University Drive, Suite 300
Fort Worth, Texas 76107
Telephone: (817) 806-1700
Facsimile: (817) 870-2536
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C. CITY's Address. The CITY's address and numbers for the purposes of notice are:
City of Lubbock
Attn: John Turpin, P.E.
P. O. Box 2000
1625 13th Street
Lubbock, Texas 79457
Telephone: (806) 775 — 2342
Facsimile: (806) 775 — 3344
D. Change of Address. Either party may change its address or numbers for purposes of notice by
giving written notice to the other party as provided herein, referring specifically to this Contract, and
setting forth such new address or numbers. The address or numbers shall become effective on the 15th
day after such notice is effective.
ARTICLE XIV. CITY -PROVIDED DATA
CITY shall furnish ENGINEER non -confidential studies, reports, and other available data in the
possession of the CITY pertinent to ENGINEER's Services, so long as CITY is entitled to rely on such
studies, reports, and other data for the performance of ENGINEER's Services under this Contract (the
"Provided Data"). ENGINEER shall be entitled to use and rely, so long as such reliance is reasonable,
upon all such Provided Data.
ARTICLE XV. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Contract are inserted in this
Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be
given any effect in construing this Contract.
B. Audit. ENGINEER shall provide access to its corporate books and records to the CITY. The
CITY may audit, at its expense and during normal business hours, ENGINEER's books and records with
respect to this Contract between ENGINEER and CITY.
C. Records. ENGINEER shall maintain records that are necessary to substantiate the Services
provided by ENGINEER.
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D. Assignability. ENGINEER may not assign this Contract without the prior written approval of the
CITY.
E. Successor and Assigns. This Contract binds and inures to the benefit of the CITY and
ENGINEER, and in the case of CITY, its respective successors, legal representatives, and assigns, and
in the case of ENGINEER, its permitted successors and assigns.
F. Construction and Venue.
THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS
OF THE STATE OF TEXAS. THIS CONTRACT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS.
THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE
JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF
TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING
OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED
HEREBY.
G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any
court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract
and the application of such provision to persons and/or circumstances other than those with respect to
which it is held invalid or ineffective shall not be affected thereby.
H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be
binding unless such amendment, modification, or alteration is in writing, dated subsequent to this
Contract, and duly authorized and executed by ENGINEER and CITY.
I. Entire Agreement. This Contract, including Exhibits "A," "B,", and "C," attached hereto, contains
the entire agreement between the CITY and ENGINEER, and there are no other written or oral promises,
conditions, warranties, or representations relating to or affecting the matters contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint
enterprise, partnership or principal — agent relationship between ENGINEER and the CITY.
K. Documents Owned by CITY. Any and all documents, drawings and specifications prepared by
ENGINEER as part of the Services hereunder, shall become the property of the CITY when ENGINEER
has been compensated as set forth in Article II, above. The ENGINEER shall make copies of any and all
work products for its files.
L. Notice of Waiver. A waiver by either CITY or ENGINEER of a breach of this Agreement must
be in writing and duly authorized to be effective. In the event either party shall execute and deliver such
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waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent
breach.
M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or
benefits whatsoever to any party other than CITY and ENGINEER.
N. Appropriation. All funds for payment by the CITY under this contract are subject to the
availability of an annual appropriation for this purpose by the CITY. In the event of non -appropriation of
funds by the CITY Council of the CITY of Lubbock for the goods or services provided under this Contract,
the CITY will terminate the Contract, without termination charge or other liability, on the last day of the
then -current fiscal year or when the appropriation made for the then -current year for the services covered
by this Contract is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds
are not appropriated for the continuance of this Contract, cancellation shall be accepted by the Seller on
thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the CITY shall
not be obligated under this Contract beyond the Non -Appropriation Date.
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EXECUTED as of the Effective Date hereof.
ATTEST.
i
Reb ca Garza, City Secrete
APP VED AS TO NTENT:
�
Michael num, P.E., City Engineer
pt7
n Turpin, P.E., Cyr} f Water Utilities Engineer
APPROVED AS TO FORM:
I
�Ar5'yL. Si__+*
al
CITY OF LUBBOCK
Glen obertson, Mayor
ALAN PL 1 MER ASSOCIATES„ NC.
Name: David A. dal, P.E.
Title: Principal
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ALAN PLUMMER ASSOCIATES, INC.
EXHIBIT A
This Exhibit A is part of the Agreement between Alan Plummer Associates, Inc. (APAI) (the "Engineer")
and the City of Lubbock (the "City") for a project generally described as:
NORTH WEST WATER RECLAMATION PLANT (NWWRP) DIVERSION AND OUTFALL PIPELINE
ENGINEER -OF -RECORD CONSTRUCTION PHASE SERVICES
The purpose of this Agreement is to furnish services that are unique to the Engineer -Of -Record so that, in
cooperation with the City's CONSTRUCTION REPRESENTATIVE, complete construction phase services
are provided. The professional services of a CONSTRUCTION REPRESENTATIVE shall supplement the
duties of the ENGINEER OF RECORD contained in this agreement. The CITY shall procure these
services by a separate CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT (herein
called the "CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT") that provides primarily
project administration and field representation to the CITY. Said CONSTRUCTION REPRESENTATIVE
and the City shall execute the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT at a
future date. Upon said execution, the City shall provide a copy of the CONSTRUCTION PHASE
PROFESSIONAL SERVICES CONTRACT to the Engineer.
1.0 Engineer -of -Record
1.1. The Engineer -of -Record for this project shall be:
Diversion Pipeline:
Jason Swofford (TX P.E. No.87911)
Vice President Engineering
Hugo Reed and Associates, Inc.
Outfall Pipeline:
Colden Rich (TX P.E. No.110231)
Project Manager
Enprotec / Hibbs & Todd, Inc.
and Josh Frisinger (TX P.E. No. 97545)
Project Manager
Alan Plummer Associates, Inc.
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2.0 Northwest Water Reclamation Plant Diversion and Outfall Pipeline -General Construction
Administration Phase Services
2.1. The Engineer's responsibility to provide Basic Services for the Construction Phase under this
Agreement commences with the award of the Contract for Construction and terminates at the
end of the construction period for the project including associated testing and startup services
identified in this Contract.
2.2. Construction Phase duties, responsibilities, and limitations of the Engineer shall not be
restricted, modified, or extended without agreement of the City and Engineer in writing.
2.3. The Engineer shall be a representative of and shall advise and consult the City during
construction. The Engineer shall have the authority to act on behalf of the City only to the extent
provided in this Agreement unless otherwise modified by written instrument.
2.4. Engineer's Personnel at Construction Site
2.4.1.The presence and duties of Engineer's personnel at a construction site, whether as onsite
representative or otherwise, do not make the Engineer or its personnel in any way
responsible for those duties that belong to the City and/or construction contractors or other
entities, and do not relieve the construction contractors or any other entity from their
obligations, duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the contract documents
and any health and/or safety precautions by such construction work.
2.4.2.Engineer and its personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or any health
and/or safety precautions related to such work and have no duty for inspecting, noting,
observing, correcting, or reporting on health and/or safety deficiencies of the construction
contractors or other persons at the site except Engineer's own personnel.
2.4.3.The presence of the Engineer's personnel at a construction site is for the purpose of
providing the Engineer and the City a greater degree of confidence that the completed work
will conform generally to the contract documents and that the integrity of the design
concept, as reflected in the contract documents, has been implemented and preserved. The
Engineer neither guarantees the performance of any construction contractor nor assumes
responsibility for contractor's failure to perform the work in accordance with the contract
documents.
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3.0 Construction Representative Cooperation
3.1. The ENGINEER shall coordinate and interface with CITY staff and with CITY's selected
CONSTRUCTION REPRESENTATIVE per the CONSTRUCTION PHASE PROFESSIONAL
SERVICES CONTRACT to accomplish the tasks identified herein.
3.2. CITY's selected CONSTRUCTION REPRESENTATIVE per the CONSTRUCTION PHASE
PROFESSIONAL SERVICES CONTRACT will handle the following:
3.2.1. Provide construction administration
3.2.2. Manage project documentation
3.2.3. Represent CITY on the job site
3.2.4. Accomplish quality assurance tasks
3.2.5.Provide an internet-based construction management system.
3.2.6.Schedule the pre -construction conference for each pipeline, construction progress meetings
and additional meetings along with developing the agenda and preparing meeting notes for
each meeting.
3.2.7.Establish procedures for administering changes to the construction contracts. Process
contract modifications and negotiate with the contractor on behalf of the CITY to determine
the cost and time impacts of these changes. Prepare change order documentation for
approved changes for execution by the CITY. Documentation of field orders, where cost to
CITY is not impacted, will also be prepared.
3.3. The ENGINEER shall review and make recommendations to the CITY for payment applications
made by the Contractor. Recommendations by the Engineer to the City for periodic construction
progress payments to the construction contractor will be based on the Engineer's knowledge,
information, and belief from selective sampling that the work has progressed to the point
indicated. Such recommendations do not represent: that continuous or detailed examinations
have been made by the Engineer to ascertain that the construction contractor has completed the
work in exact accordance with the contract documents; that the final work will be acceptable in
all aspects; that the Engineer has made an examination to ascertain how or for what purpose the
construction contractor has used the monies paid; that title to any of the work, materials, or
equipment passed to the City free and clear of liens, claims, security interested, or
encumbrances; or that there are no other matters at issue between the City and the construction
contractor that affect the amount that should be paid.
3.3.1.Receive and evaluate notices of contractor claims and make recommendations to the CITY
on the merit and value of the claim on the basis of information submitted by the contractor
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or available in project documentation, and will endeavor to negotiate a settlement value with
the Contractor on behalf of the CITY if appropriate.
3.4. The ENGINEER will complement the CITY's CONSTRUCTION REPRESENTATIVE per the
CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT to accomplish the
remaining Construction Phase Services tasks, to include items listed below.
3.5. The ENGINEER shall supply data to the CITY's CONSTRUCTION REPRESENTATIVE for entry
into the online project management system.
3.6. The ENGINEER shall receive project documentation from the CITY's CONSTRUCTION
REPRESENTATIVE per the CONSTRUCTION PHASE PROFESSIONAL SERVICES
CONTRACT for approval as the Engineer -of -Record.
3.7. The ENGINEER shall provide timely response and necessary approvals to submittals, Requests
For Information (RFI), Change Orders (CO), Contract Modification Requests (CMR), and all
other project actions coordinated by the CONSTRUCTION REPRESENTATIVE.
3.8. The ENGINEER shall expect all administration and management of communication,
documentation, and correspondence to be handled by the CONSTRUCTION
REPRESENTATIVE per the CONSTRUCTION PHASE PROFESSIONAL SERVICES
CONTRACT.
4.0 Site Visits
4.1. The ENGINEER shall visit the site as requested by City's Project Manager, and shall include
scope and fee for at least four (4) and no more than twelve (12) site visits each for the outfall
pipeline project and for the diversion pipeline project utilizing local personnel.
4.2. Additional site visits beyond those listed will be an Additional Service.
4.3. The ENGINEER may recommend visiting the site at any time, subject to funding and approval by
the Owner's Representative.
4.4. The ENGINEER must visit the site to perform a substantial completion and final completion
observations for determining if the projects were constructed in accordance with the plans and
specifications. These visits will be scheduled by the CITY and the CONSTRUCTION
REPRESENTATIVE.
4.5. The City's approval, acceptance, use of, or payments for all or any part of Engineer's services
hereunder or the project itself shall in no way alter the Engineer's obligations or the City's rights
hereunder.
5.0 Construction Progress Meetings
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5.1. The ENGINEER will participate in up to twelve (12) monthly construction progress meetings for
the outfall pipeline project and up to (15) for the diversion project. For the outfall pipeline,
engineering staff based in Lubbock will attend most of these meetings. For the diversion
pipeline the APAI project manager will attend the meetings if they are scheduled on or adjacent
to the day of a NVWVRP Plant construction meeting, and Hugo Reed will attend up to five (5)
meetings as required.
5.2. Additional meetings beyond those listed will be an Additional Service.
6.0 Shop Drawings and Submittal Review
The ENGINEER will review samples; catalog data; schedules; shop drawings; laboratory, shop, and
mill tests of materials and equipment; and other data pursuant to the general conditions of the
construction contract. Review quality related documents provided by the contractor such as test
reports, equipment installation reports or other documentation required by the construction contract
documents. The fee is based on review of up to 20 submittals for the outfall project and 30 submittals
for the diversion project. If additional reviews are necessary, due to incomplete submittals, or multiple
review iterations, it will be considered an Additional Service. Investigations, analyses, and studies
required by the contractor and approved by the City for substitutions of equipment and/or materials or
deviations from the plans and specifications will be considered an Additional Service. This review is
for the benefit of the City and covers only general compliance with the information given by the
construction contract documents. It does not relieve the Contractor of any responsibilities such as
dimensions to be confirmed and correlated at the job site, appropriate safety measures to protect the
workers and the public, or the necessity to construct and complete a workable facility in accordance
with the construction contract documents.
7.0 Requests for Information
The ENGINEER will interpret the intent of the plans and specifications and respond to requests for
information (RFIs) for the City and contractors. The fee is based on processing up to 20 RFIs for the
outfall project and 30 RFIs for the diversion project. If additional RFIs are submitted beyond this, it will
be considered an Additional Service.
8.0 Contract Modifications:
8.1. ENGINEER will review Contractor Modification Requests (CMRs) and prepare Proposed
Contract Modifications (PCMs) for items identified during construction that are necessary or
requested by the City or Contractor, but are not in accordance with the construction documents.
8.2. ENGINEER will prepare documentation for contract modifications required to implement
modifications in the design of the project. The fee is based on processing up to 10 contract
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changes for the outfall project and 15 contract changes for the diversion project. If additional
CMRs or PCMs are requested beyond this, it will be considered an Additional Service.
8.3. Investigations, analyses, studies or design for substitutions of equipment or materials,
corrections of defective or deficient work of the contractor or other deviations from the
construction contract documents requested by the contractor and approved by the Owner are an
additional service. Substitutions of materials or equipment or design modifications requested by
the Owner are an additional service.
9.0 Substantial and Final Review
9.1. The ENGINEER will conduct, in the company of the City's representative, a substantial
completion review for both projects for conformance with the design concept of the project and
general compliance with the contract documents and provide a list of deficiencies to the
contractor.
9.2. The ENGINEER will conduct, in the company of the City's representative, a final review for both
projects for conformance with the design concept of the project and general compliance with the
contract documents, verify that items identified on the deficiency list from the substantial
completion review have been completed, and make recommendation for final payment to the
contractor.
10.0 Record ("As -built") Drawings
10.1.The ENGINEER will revise the construction drawings in accordance with the information
furnished by the construction contractor and the Resident Project Representative reflecting
changes to the project made during construction. Record drawings are defined as the drawings
produced by the Engineers modifications to the original design drawings to reflect the changes
during the construction.
10.2.The ENGINEER will prepare record drawings, in part, on the basis of information compiled and
furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the project was finally constructed.
10.3.The ENGINEER is not responsible for any errors or omissions in the information from others that
are incorporated into the record drawings.
10.4.Record drawings for the project will be issued by the ENGINEER within sixty (60) days after the
comments and markups are provided by the construction contractor and the City.
10.5.The ENGINEER will provide the City with two (2) digital copies in Adobe PDF on compact disc,
one full-sized (22" x 34") set of reproducible prints (unbound, Mylar), five (5) half -sized (11" x
17") sets of plans (bound, bond), and two (2) full-sized (22" x 34") sets of plans (bound, bond) to
the City.
16 of 20
ADDITIONAL ENGINEERING SERVICES
Additional engineering services may be performed by the ENGINEER, if authorized by the City, which are
not included in the above -described Basic Engineering Services, as described below:
1. Preparing applications and supporting documents for grants, loans, or planning advances for
providing data for detailed applications.
2. Providing additional copies of reports, plans, specifications, and contract documents.
3. Processing additional shop drawings, O&M Manuals, RFIs or CMRs/PCMs above the number
specified in Basic Services.
4. Attending additional meetings or site visits not covered in Basic Services.
5. Preparing environmental impact statements, storm water discharge permits, and 404 permit
applications, except as specifically included in the Basic Engineering Services.
6. Excessive submittal reviews.
7. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties
other than condemnation proceedings arising from the development or construction of the project,
including the preparation of engineering data and reports for assistance to the City.
8. Investigations involving detailed consideration of operation, maintenance and overhead expenses,
and the preparation of rate schedules, earnings and expense statements, feasibility studies,
appraisals, evaluations, assessment schedules, and material audits for inventories required for
certifications by force account performed by the City.
9. Payment of fees for permit applications and publication of notices.
10. Public relations activities and consulting services.
11. Any other additional services that may be required by the City for completion of the Project that are
not included in the Basic Engineering Services.
Additional Engineering Services, which may be required by the City, shall be based on the actual hours
and costs in accordance with Exhibit C. No work will be undertaken with this item without specific written
authorization from the City.
OTHER PROVISIONS
The Engineer's compensation is based on immediate authorization to proceed and timely completion of
the project. If the project timing deviates from the assumed schedule for causes beyond the Engineer's
control, the Engineer reserves the right to request renegotiation of the rates for those portions affected by
the time change according to the hourly rates listed in Exhibit C.
17 of 20
ALAN PLUMMER ASSOCIATES, INC.
EXHIBIT B
This Exhibit B is partof the Agreement between Alan Plummer Associates, Inc. (the "Engineer') and the
City of Lubbock (the "City") for a project generally described as:
NORTH WEST WATER RECLAMATION PLANT (NWWRP) DIVERSION AND OUTPALL PIPELINE
CONSTRUCTION SERVICES
1. Budget Amount by Scope Item
Task Task Name Estimated Budget
Item I Amount
1 I General Construction Admin 1 $271,937
Total Basic Engineering Services (Not to Exceed) I $271,937
2. Terms of Payment
Payments to the Engineer will be made as follows:
A. The Engineer shall provide the City sufficient documentation to reasonably substantiate the
invoices.
B. The Engineer will issue monthly invoices for all work performed under this Agreement.
Invoices are due and payment within 30 days of approved receipt.
C. In the event of a disputed or contested billing, only that portion so contested will be withheld
from payment, and the undisputed portion will be paid. The City will exercise reasonableness
in contesting any bill or portion thereof. No interest will accrue on any contested portion of the
billing until mutually resolved.
D. If the City fails to make payment in full to the Engineer for billings contested in good faith
within 60 days of the amount due, the Engineer may, after giving seven (7) days' written
notice to City, suspend services under this Agreement until paid in full, including interest. In
the event of suspension of services, the Engineer shall have no liability to the City for delays
or damages caused the City because of such suspension of services.
3. Direct Expenses (Reimbursable)
A. The Engineer's Reimbursable Expenses, when part of the basis of compensation, are those
costs incurred on or directly for the City's project, including, but not limited to: necessary
transportation costs, including Engineers current rates for Engineer's vehicles; meals and
18 of 20
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 $271,937, unless this Agreement is amended otherwise by the City
Council. The final compensation for the major tasks can be over or under the estimated budget
amount per task, as shown in No. 1 of this Exhibit C, as long as the total "Not to Exceed" amount
is not surpassed.
19 of 20
ALAN PLUMMER ASSOCIATES, INC.
EXHIBIT C
This Exhibit C is part of the Agreement between Alan Plummer Associates, Inc. (the "ENGINEER") and
the City of Lubbock (the "CITY") for a project generally described as:
NORTH WEST WATER RECLAMATION PLANT (NWWRP) DIVERSION AND OUTFALL PIPELINE
CONSTRUCTION SERVICES
Hourly Fee Schedule (2016):
Staff Description
Alan Plummer
Associates, Inc.
Enprotec/Hibbs
& Todd, Inc.
Hugo Reed
Staff Code
Billing Rate
Billing Rate
Billing Rate
Admin. Staff
Al — A3
$ 78.00
$ 61.00
$ 58.00
Senior Admin. Staff
A4
$ 94.00
--
$ 94.00
DesignerlTechnician
C1 — C2
$ 95.00
$ 110.00
$ 88.00
Senior Designer/Technician
C3 — C4
$ 121.00
--
--
Engineer-in-Training
Scientist -in -Training
ES1 — ES3
$ 122.00
$ 132.00
$ 110.00
Project Engineer/Scientist
ES4
$ 138.00
$ 138.00
$ 140.00
Senior Project
Engineer/Scientist
ES5
$ 158.00
$ 171.00
Project Manager
ES6
$ 179.00
$ 154.00
$ 176.00
Senior Project Manager
ES7
1 $ 233.00
1 $ 176.00
—
Principal
ES8 — ES9
$ 265.00
$ 209.00
$ 186.00
20 of 20
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
2 of
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-6352
Date Filed:
01/27/2016
Date Acknowledged:
02/17/2016
1 Name of business entity filing farm, and the city, state and country of the business entity's place
of business.
City of Lubbock
Lubbock, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
Alan Plummer Associates, Inc.
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 goods or services to be provided under the contract.
12730
Northwest Water Reclamation Plant Diversion and Outfall Pipeline Engineer -of -Record Construction Phase Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
❑
6
AFFIDAVIT 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said , this the day of ,
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34416
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
2 of
Complete Nos. 1 - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2016.6352
City of Lubbock
Lubbock, TX United States
Date Filed:
O1/27/2016
2 Name of governmental entity or state agency that Fis a party to the contract for which the form is
being filed.
Alan Plummer Associates, Inc.
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 goods or services to be provided under the contract.
12730
Northwest Water Reclamation Plant Diversion and Outfall Pipeline Engineer -of -Record Construction Phase Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
4i,01IN ADRIAN DREW
'-• MY COMMISSION EXPIRES ^ /f
syS November30,2019
SignatuVor authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
I,, ✓1 �/� �n I^ /'1v� //-7
Sworn to and subscribed before me, by the said Tn I 1 I t Y t I f lU Y I U 1 I , this the
20 I (P to certify which, witness my hand and seal of office.
! � I_ day of J an i ark
�C111aU/YtX11�1DL� -Adrian tJ :1rPa>J
PM hida- itnl,*jIDr
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3"16
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-6352
Date Filed:
01/27/2016
Date Acknowledged:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
City of Lubbock
Lubbock, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
Alan Plummer Associates, Inc.
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 goods or services to be provided under the contract.
12730
Northwest Water Reclamation Plant Diversion and Outfall Pipeline Engineer -of -Record Construction Phase Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
Plummer, Alan
Fort Worth, TX United States
X
Wagner, Mike
Fort Worth, TX United States
X
Minahan, John
Fort Worth, TX United States
X
Gudal, David
Fort Worth, TX United States
X
Hunt, Rex
Austin, TX United States
X
McDonald, Ellen
Fort Worth, TX United States
X
Rackley, Bill
Houston, TX United States
X
Glass, Peggy
Austin, TX United States
X
Coonan, Steve
Austin, TX United States
X
Tucker, Alan
Fort Worth, TX United States
X
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34416
ASSOCIATES, INC.
ENVIRONMENTAL
ENGINEERS AND SCIENTISTS
1320 South University Drive, Suite 300
Fort Worth, Texas 76107
Phone 817.806.1700 • Fax 817.870.2536
TO: City of Lubbock, Texas — Water Engr.
1625 13th Street
Lubbock, Texas 79401
We are sending you copies of the following attached items:
LETTER OF TRANSMITTAL
DATE: February 15, 2016
APAI PROJECT NO.:
CLIENT PROJECT NO.: 12730
ATTENTION: John Turpin
REGARDING: supporting documents for
Diversion and Outfall Pipeline Engineer -of -Record
construction phase services
DELIVERY METHOD: Overnight - Standard
❑ Shop Drawings ❑ Exhibits ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of Letter ❑ Change Order ® Other
Copies
Date
No.
Description
1
1-27-16
Form 1295
These item(s) are transmitted for your use.
REMARKS:
See attached form 1295 for use with the Diversion and Outfall Pipeline Engineer -of -Record Construction Phase
Services contract.
Copy to: File Signed:
q rys
If enclosures are not as noted, kindly notify us at once.
(:\projects\0425\018-05\ 1-0 communication\1-2 sent\lot-ftw.docs REV 09/2009
Form LOT-FTW