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HomeMy WebLinkAboutResolution - 2015-R0289 - Agreement - Alan Plummer Associates Inc - Water Conservation Strategies - 09/10/2015Resolution No. 2015-R0289 Item No. 6.14 September 10, 2015 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 for the evaluation of Water Conservation Strategies, 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 September 10, 2015 "I"XlAt G �: kCKERTSON, MAYOR ATTEST: Rebec Garza, City Secretary APPROVED AS TO CONTENT: Aubrey Spear,,f.E., if jrector of Water Utilities P.E., Director ofT-u-Wlc Works APPROVED AS TO FORM: RES.PSC-Alan Plummer Assoc Inc -Evaluation Water Conservation Strategies 8.26.15 Resolution No. 2015-RO289 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK This Agreement (Agreement), effective as of the Loth day of September 2015, is by and between City of Lubbock, Texas (City), a Texas home rule municipal corporation, and Alan Plummer Associates, Inc. (Engineer), a corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, the City intends to refine and implement water conservation measures that will help preserve its existing water resources, and the City desires to obtain professional engineering services to provide assistance with water conservation and water resource planning and evaluation (the "Activities); and WHEREAS, 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 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 Agreement, the City and ENGINEER hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption until December 31, 2017. The term may be extended by subsequent amendments of this Agreement, with the written and authorized consent of both parties. Page 1 of 15 ARTICLE H. SERVICES AND COMPENSATION ENGINEER shall perform the services described in Exhibit A --Scope of Services with regard to the Activities and payment shall be due and payable upon receipt in accordance with Exhibit B- Compensation. Payments due ENGINEER under this Agreement shall be electronically transferred either by ACH, specifically in CCD+ or CTX format, or wire transfer to the bank account and in accordance with the bank instructions identified in ENGINEER's most recent invoice in immediately available funds no later than the payment due date. Invoice number and project name shall be referenced in the bank wire reference fields or the ACH addenda information. In the event that such electronic funds transfer methods are not available to City, then payments due ENGINEER under this Agreement shall be made by check and mailed to the PO Box identified in the remittance instructions on the ENGINEER's most recent invoice. The Remittance Advice document shall be mailed with the check to the PO Box. ARTICLE III. TERMINATION A. General. City may terminate this Agreement, 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. In the event the City shall default in the performance of any term or provision of this Agreement for any reason other than failure by ENGINEER to perform hereunder, ENGINEER may, if said default shall be continuing after five (5) days notice of such default is deemed received by the City, exercise any right or remedy available to it by law, contract, equity or otherwise. B. Termination and Remedies. In the event 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 or equity, including without limitation, termination of this Agreement and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. ARTICLE IV. NON -ARBITRATION A. 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. Page 2 of 15 ARTICLE V. ACKNOWLEDGEMENTS A. Existence. ENGINEER is a corporation duly organized in the State of Texas, 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 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 ENGINEER. This Agreement 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 Agreement 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 agrees that any materials provided by 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 or ordinance relating to the use or reproduction of materials. ENGINEER shall be solely responsible for ensuring that any materials provided by ENGINEER pursuant to this Agreement satisfy this requirement and ENGINEER agrees to indemnify and hold City harmless from all liability or loss caused to City or by to which City is exposed on account of ENGINEER's failure to perform this duty. G. ENGINEER agrees that it shall perform the Services in accordance with the standards of care and diligence normally practiced by recognized engineering firms in performing services of a similar nature. If, during the six month period following the earlier of completion or termination of the Services it is shown there is an error in the Services caused solely by ENGINEER's failure to meet such standards, and City has promptly notified ENGINEER in writing of any such error within that period, ENGINEER shall perform, at ENGINEER's cost, such corrective engineering services within the original Scope of Services as may be necessary to remedy such error. Page 3 of 15 ARTICLE VI. SCOPE OF WORK ENGINEER shall accomplish the following: Professional Engineering Services related to the Activities in Exhibit A — "Scope of Services". ARTICLE VII. INDEPENDENT CONTRACTOR STATUS ENGINEER and City agree that 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. 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 ENGMEER'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 VIII. INSURANCE ENGINEER shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. ENGINEER shall obtain and maintain in full force and effect during the term of this Agreement, 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 cant' 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: Combined Single Limit: Professional Liability: Combined Single Limit: $1,000,000 $1,000,000 per occurrence $2,000,000 annual aggregate Page 4 of 15 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence ENGINEER shall further cause any approved subcontractor or subconsultant to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for ENGINEER, protecting City against direct losses caused by the professional negligence of the approved subcontractor or subconsultant. The City shall be named as additional insured with respect to the Automobile Liability and Commercial General Liability on a primary and non contributory basis and shall be granted a waiver of subrogation under those policies. ENGINEER shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. Copies of all endorsements are required. ENGINEER shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, ENGINEER shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the ENGINEER maintains said coverage. The ENGINEER may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. If at any time during the life of the Agreement or any extension hereof, ENGINEER fails to maintain the required insurance in full force and effect, ENGINEER shall be in breach hereof and all work under the Agreement shall be discontinued immediately. 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 provided that 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 Agreement upon retainage of any approved Subconsultant. Any agent and/or Subconsultant retained and/or employed by ENGINEER shall be required to carry, for the protection and benefit of the City and ENGINEER and naming said third parties as additional insureds, insurance as described above in this Agreement. Page 5 of 15 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. This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et sea., as amended (the "Texas Public Information Act") the same shall be of no force and effect. ARTICLE XI. INDEMNITY ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, , 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, REASONABLE 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 OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OF 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 Agreement, 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 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 Page 6 of 15 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: Ellen McDonald, P.E., Principal 1320 South University Drive, Suite 300 Fort Worth, Texas 76107 Email: emcdonald@apaienv.com Telephone: (817) 870-2536 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Aubrey A. Spear, P.E., Director of Water Utilities P. O. Box 2000 1625 13th Street Lubbock, Texas 79457 Email: aspear@mylubbock.us Telephone: (806) 775-2585 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 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 Agreement (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 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. Page 7 of 15 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 Agreement between ENGINEER and City. C. Records. ENGINEER shall maintain records that are necessary to substantiate the services provided by ENGINEER. D. Assignability. ENGINEER may not assign this 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 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 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 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 circumstances, 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 ENGINEER and City. I. Entire Agreement. This Agreement, including Exhibits "A" and `B" 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 Page 8 of 15 shall make copies of any and all work products for its files. The City will assume sole liability for any reuse or modification of the ENGINEER's work product without ENGINEER's prior written consent. L. Notice of Waiver. A waiver by either City or ENGINEER of a breach of this Agreement must be in writing to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. 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. No Personal Liability. Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer or agent of any public body that may be a party to this Agreement. O. Sovereign Immunity Acknowledged and Retained. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY THE CITY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT THE CITY MAY HAVE BY OPERATION OF LAW. THE CITY RETAINS ALL GOVERNMENTAL IMMUNITIES. P. Extent of Responsibility. ENGINEER does not guarantee that proposals, bids or actual project costs will not vary from ENGINEER's opinions of probable cost or that actual schedules will not vary from ENGINEER's projected schedules. ENGINEER shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project; (2) the failure of any contractor, sub- contractor, vendor, or other Project participant, not under contract to ENGINEER, to fulfill contractual responsibilities to the City or to comply with federal, state, or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Exhibit A, Scope of Services. Q. Unforeseen Circumstances. Except for City's obligation to make payments, neither party shall be in default hereunder to the extent such default is caused by a cause or circumstance beyond such party's reasonable control. ENGINEER shall be entitled to an equitable adjustment in schedule and compensation in the event such circumstances occur. EXECUTED as of the Effective Date hereof. Page 9 of 15 CITY OF LUBBOCK ,49�w< Glen obertson, Mayor ATTEST: 5-� Re ecca Garza, City Secretary APP VED AS TO CONTENT: Aubrey A. pe , P.E., Direc or of Water Utilities APPROVED AS TO FORM: ALAN PLUMMER ASSOCIATES, INC L.L (-f : " Ellen T. McDonald, .E., Principal Page 10 of 15 Exhibit A Scope of Services Water Conservation Program Development City of Lubbock, Texas STATEMENT OF PURPOSE - The goals of the proposed Scope of Work are to work in conjunction with the City of Lubbock Staff, Water Advisory Commission and selected stakeholder groups to select and evaluate water conservation strategies for possible implementation by the City of Lubbock. The potential program strategies were originally developed as part of a Water Conservation Planning and Strategy Evaluation conducted by APAI in 2013 for the City of Lubbock. TASK 1— SELECT WATER CONSERVATION STRATEGIES The water conservation strategy selection process will include three strategy selection workshops with City staff and members of the Water Advisory Commission; a community stakeholder workshop; and development of a technical memorandum. Subtask 1.1— Select Strategies Subtask 1. la — APAI will meet with City staff and the Water Advisory Commission to present the findings of the 2013 Water Conservation Planning and Strategy Evaluation and to explore each strategy in detail. This process will involve two three-hour workshops aimed at providing the Commission with the information necessary to develop recommendations for potential water conservation programs. The first three- hour workshop will address residential program options, while the second three-hour workshop will address commercial program options. Subtask 1.1 b — Based on the two workshops, APAI will develop a list of recommended program concepts for introduction to stakeholder groups. Each program concept will include the following: 1. A minimum of two different options to be considered for each program concept. 2. A summary of how each program option would work and the steps that must be taken for the end user to participate in the program. 3. Costs to the end user associated with program participation. 4. Costs to the City associated with program participation. 5. Potential program scope in terms of size and water savings goals. Subtask 1.2 — Solicit Stakeholder Feedback Subtask 1.2a - Using more than 20 years of experience in working with a wide variety of stakeholder groups to develop and implement water conservation programs and measures, APAI will work with the City of Lubbock to identify members for two stakeholder groups: a commercial group and a residential group. Page 11 of 15 Subtask 1.2b — APAI will facilitate a three hour stakeholder workshop to solicit feedback on each program option developed by City staff and the Water Advisory Commission. Subtask 1.2c — APAI will compile feedback from the stakeholder workshop for presentation to City staff and the Water Advisory Commission. Subtask 1.2d - APAI will meet with City staff and the Water Advisory Commission to present the findings and feedback received from the stakeholder workshop. These findings will then be used to finalize the recommendations for potential programs to be implemented by the City. Subtask 1.3 - Technical Memorandum Subtask 1.3a - Prepare a technical memorandum (TM) summarizing the results and recommendations of Task 1. Provide a draft copy of the TM to the City in electronic format for review. Address comments and prepare a final TM to be submitted to the City in electronic format. TASK 2 — DEVELOP WATER CONSERVATION PROGRAMS Based on the recommendations of City staff and the Water Advisory Commission, APAI will develop detailed program guidelines, program budgets and proposed schedules to be used for future implementation. Subtask 2.1— Develop Program Guidelines Subtask 2.1 a — Develop step guidelines for each recommended program and option. Guidelines will include, but are not limited to: 1. Program Rules 2. Program Eligibility Requirements 3. Expected levels of Participation 4. Product Specifications 5. Product Warranty Requirements 6. Contractor Requirements 7. Insurance Requirements 8. Determination of Incentives 9. Preparation of RFPs/RFQs 10. Verification Requirements 11. Staffing Requirements 12. Potential Funding Mechanisms Subtask 2.2 — Develop Proposed Budgets Subtask 2.2a — Based on the program type, complexity and scope, APAI will develop proposed budgets for each program option. Page 12 of 15 Subtask 2.3 — Develop Proposed Schedules - Based on the program type, complexity and scope, APAI will develop proposed schedules for implementation of each program option. Proposed schedules will be based on the time needed for implementation of each task and not on a specific date. Subtask 2.4 —Technical Memorandum Subtask 2.4a - Prepare a technical memorandum (TM) summarizing the results and recommendations of Task 2. Provide a draft copy of the TM to the City in electronic format for review. Address comments and prepare a final TM to be submitted to the City in electronic format. Project Schedule Water Conservation Proeram Development TASK TASK DESCRIPTION ESTIMATED START DATE ESTIMATED COMPLETION DATE 1.1 Select Strategies 10/1/2015 10/31/2015 1.2 Solicit Stakeholder Feedback 11/1/2015 11/30/2015 1.3 Prepare Technical Memorandum 12/1/2015 12/31/2015 2.1 Develop Program Guidelines 1/1/2016 1/31/2016 2.2 Develop Program Budgets 2/1/2016 3/2/2016 2.3 Develop Program Schedules 2/1/2016 3/2/2016 2.4 Prepare Technical Memorandum 3/2/2016 3/31/2016 Page 13 of 15 Exhibit B Payment of Fees Water Conservation Program Development City of Lubbock, Texas The City shall pay Engineer for services set forth in Exhibit A on a lump sum basis by task, as indicated in the attached schedule below. The Engineer will invoice the City monthly based on estimated percent complete of each task. The final payment for Task 2.4 will be paid upon receipt by the City of all deliverables for this Project. Task Description Task Budget Task I Select Water Conservation Strategies Task 1.1 Select Conservation Strategies $10,000 Task 1.2 Solicit Stakeholder Feedback $20,000 Task 1.3 Technical Memo — Strategy Selection $8,000 Task 2 Develop Water Conservation Pro rams Task 2.1 Develop Program Guidelines $13,000 Task 2.2 Develop Program Budgets $6,000 Task 2.3 Develop Program Schedules $5,000 Task 2.4 Technical Memo — Programs $8,000 Total Fee $70 000 Page 14 of 15 ALAN PLUMMER ASSOCIATES, INC. Hourly Fee Schedule 2015 Staff Description Staff Code 2015 Rate Admin Staff Al -A3 $ 75.00 Senior Admin Staff A4 $ 102.00 Designer/Technician C1-C2 $ 90.00 Senior Designer/Technician C3-C4 $ 115.00 Engineer-in-Training/Scientist-in-Training ES1-ES3 $ 115.00 Project Engineer/Scientist ES4 $ 135.00 Senior Project Engineer/Scientist ES5 $ 150.00 Project Manager ES6 $ 175.00 Senior Project Manager ES7 $ 218.00 Electrical Engineer EE1 $ 140.00 Senior Electrical Engineer EE2 $ 240.00 Structural Engineer SE1 $ 140.00 Senior Structural Engineer SE2 $ 210.00 Principal ES8-ES9 $ 260.00 Billing rates may be adjusted by up to 4 percent annually (at the beginning of each calendar year) during the term of this agreement. A multiplier of 1.10 will be applied to all direct expenses Page 15 of 15 a� �® CERTIFICATE OF LIABILITY INSURANCE DAB 6�1Y)Y05 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: R the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. N SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this cerMcate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER McLaughlin Bruneoa Insurance Agency, LLP 12801 North Central ]Expressway CONTACT NAME: Joe A 8 ant PRONE (214) 503-1213 FAIL Na: (214) 503-8999 suite 1710 Dallas TE 75243 E4WL ADDRESS: INSURE 8 AFFORDING COVERAGE NAICI INBURERA:Travelere Indemnity 25658 INSURED Alan Plummer Associates, lac. INsuRERS: Charter Oak Fire Insurance Co. 25615 msua:ac:EL gpecialty Insurance Company 37885 1320 S. Daivereity Drive, #300 INSURERO: INSURER E: Port North TX 76107 INSURER F: Y COVERAGES CERTIFICATE NUMBER: cart m 29805 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. jR TYPE OF INSURANCE POUCYNUMBER POLCYEFLLTR MDNYY POLIDYEP UMRS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 REMISES JE. $ 11000,000 B MERCILLGENERALUABILTTY y Y PACP1996L981 6/15/2015 6/15/2016 MED EXP (A yww person) $ 10,000 CINMSMADE OCCUR Tx:voontractua1 PERSONAL S ADV INJURY $ 1,000,000 alPapers-81,000,000 Liab. GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PEA: PRODUCTS -COMPIOPAGG $ 2,000,000 POl1CY51PRO- LOC $ AUTOMOBILE LIAINLITY SINGLE UM �� UNIT 11000,000 BODILYIWURY(Pwpwsm) $ IS E ANY AUTO Y Y BA2003L924 6/15/2015 6/15/2016 ALL OWNED �EEDDULED AUTOS No Owned Autos BODEYINJURY(Pwmvefwe) $ E HIRED AUTOS E AUTOS PROPERTYWNED DAMAGE$ $ A E UMBRELLA LMB N OCCUR Y Y CUP6428Y427 6/15/2015 6/15/2016 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 EXCESS lIAO CLAIMSMADE DIED I I RETENTION $ WORKERS COMPENSATION WC IT ATU- OTH• Ma EMPLOYER9'UABILITY YIN PROPRIETORPART14ERIEJ(ECl1TNE OFFICERIMEMBER EXCLUDED? NIA M 'SANY E.L. EACH ACCIDENT $ EJ- DISEASE -EA EMPLOYIH $ (Ma dmM In NH) Xym desdWw r E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS belsx C Professional Liability Y DPR9724004 5/9/2015 5/9/2016 Per Claim $ 2,000,000 Annual Aggregate $ 2,000,000 DESCR®rgN OF OPEGTpNSI LOGTgNB/VENCl1DI (NLUerA ACORO 101. Ad01Uww1 Rana,AS Sdwtlub,Xnlola gwub,pWrad) The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. Thirty(30)day notice of cancellation in favor of certificate holder on all policies.The City of Lubbock in 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 policies 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. RE: Lubbock Mater Conservation Development - APAI i 2015-312-00 City of Lubbock Attn: Aubrey Spear PO Boz 2000 Lubbock TE 79457 S14OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. n ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Page 1 of 1 All ria hrc mm.,.od Alan Plummer Associates, Inc. PACP19961_981 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following Is added to WHO IS AN INSURED (section 11): Any person or organization that you agree in a 'contract or agreement requiring Insurance' to in - dude as an additlonal Insured on this Coverage Part, but only with respect to liability for "bodily In- jury", 'property damage" or "personal injury" caused, In whole or In part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not quality as an additional Insured for 'bodily Injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The Insurance provided to such additional Insured is limited as follows: d. This Insurance does not apply on any basis to any person or organization for which cover- age as an additional Insured specifically Is added by another endorsement to this Cover- age Part. e, This Insurance does not apply to the render - Ing of or failure to render any 'professional services". f. The limits of Insurance afforded to the addl- gonal Insured shall be the limits which you agreed in that "contract or agreement requir- ing Insurance" to provide for that additional Insured, or the limits shown In the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of Insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part, B. The following Is added to Paragraph a. of 4. Other Insurance In COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, N you specifically agree In a "contract or agreement requiring Insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance Is primary to other insurance that is available to such additional Insured which covers such addi- tional Insured as a named Insured, and we will not share with the other insurance, provided that: (1) The "bodily Injury" or "property damage' for which coverage is sought occurs; and (2) The "personal Injury for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance. But this Insur- ance still is excess over valid and collectible other Insurance, whether primary, excess, contingent or on any other basis, that Is available to the insured when the Insured is an additional Insured under any other insurance. C. The following is added to Paragraph S. Transfer Of Rights Of Recovery Against Others To Us In COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily Injury, "property damage" or "personal Injury arising out of 'your work" performed by you, or on your behalf, under a 'contract or agreement requiring Insurance' with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and In effect when, the "bodily CG D3 81 0907 02007 The TmWem Compardes, Inc Page 1 of 2 Includes Gra copyrighted maledel of Insurance services Colts, Inc., wllh fts pernnfulon COMMERCIAL GENERAL LIABILITY Injury' or 'property damage' occurs, or the "per- sonal Injury' offense Is committed. D. The following definition is added to DEFINITIONS (Section V): 'Contract or agreement requiring insurance' means that part of any contract or agreement un- der which you are required to Include a person or organization as an additional insured on this Cov- erage Part, provided that the 'bodily injury' and 'property damage' occurs, and the 'personal in- jury' Is caused by an offense committed: a. After you have entered Into that contract or agreement; b. While that part of the contract or agreement Is In effect; and C. Before the end of the policy period. Page 2 of 2 m 2007 The Travelers Companies, Inc. CG D3 8109 07 Includes the copyrighted msledol of Insurance SaMms office, Inc., wflh le, permiselon Alan Plummer Associates, Inc. BA2003L924 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified by the endorsement. The following Is added to the Section II — Liability Coverage, Paragraph A.1. Who Is An Insured Pro. vision: Any person or organization that you are required to Include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily Injury" or -property damage" occur; and that is In effect during the policy period is an "Insured" for Liability Coverage, but only for damages to which this Insurance applies and only to the extent that person or organization qualifies as an "Insured° under the Who Is An Insured provision contained In Section II. CA T4 37 08 08 0 2008 The Travelers Cwnpanles, Inc. Page 1 of 1 Alan Plummer Associates, Inc. BA2003L924 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- required of you by a written contract executed ment, the provisions of the Coverage Form apply prior to any'accldent' or loss', provided that the unless modified by the endorsement. 'accident" or loss" arises out of the operations Paragraph 5. Transfer of Rights Of Recovery contemplated by such contract. The waiver ap- Against Others To Us of the CONDITIONS section plies only to the person or organization desig- is replaced by the following: nated In such contract 5. Transfer Of Rights Of Recovery Against Oth- ers To Us We waive any right of recovery we may have against any person or organization to the extent CA T3 40 08 08 0 2008 The Travelers Umpenles. Inc Page 1 of 1 Alan Plummer Associates, Inc. CUP6428Y427 UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF WHO IS AN INSURED This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE Paragraph 21 of SECTION II — WHO IS AN IN- SURED is deleted and replaced by the following: Any other person or organization insured under any policy of the "underlying Insurance" listed in the SCHEDULE OF UNDERLYING INSURANCE of the DECLARATIONS of this insurance. This insurance is subject to all the provisions and imi- tations upon coverage under such policy of "un- derlying insurance", and, the limits of insurance afforded to such person or organization will be: (i) The difference between the "underlying in- surance' limits and the minimum limits of in- surance which you agreed to provide; or (II) The limits of insurance of this policy whichever is less. UM 04 45 05 06 © 2006 The Sc Paul Traveler: Companies, Inc. Page 1 of 1 Alan Plummer Associates, Inc. CUP6428Y427 UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement modes insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE The following is added to Paragraph 11., OUR RIGHT TO RECOVER FROM OTHERS„ of SECTION IV — CONDITIONS.: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organ'rcation, but only for payments we make because of: a. 'Bodily injury" or 'property damage" caused by an 'occurrence" that takes place; or b. 'Personal injury' or "advertising injury" caused by an 'offense" that is committed; subsequent to the execution of the contract or agree- ment UM 04 88 07 08 ® 2008 The Travelers Companies, Inc. Page 1 of 1 Indudes the copyrighted materiel of inwranra services OMce. Inc, with Its permission. ACORO® CERTIFICATE OF LIABILITY INSURANCE L� 08/27/20152015 DATEYYYY) ols THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Marsh Sponsored Programs a division of Marsh USA Inc. 701 Market Street, Ste. 1100 IA',R'No. FA •800-338-1391 AK: No: BBS -621-3173 E-Mnu SS: acecclientre est@marsh. com ADDRESS.. INSURERS AFFORDING COVERAGE NAICY St. Louis MO 63101 INSURERA: Sentinel Insurance Company Ltd 11000 PREMISES oaune. $ INSURED Alan Plummer Assoc., Inc. INSURER 8: GENERAL AGGREGATE s INSURER C: INSURER D: 1320 South University Drive Fort Worth, TX 76107 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. /NSR LTR TYPE OF INSURANCE $ POLICY NUMBER MM/DD/YYYY MWDDIYYYP LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F� OCCUR FACH OCCURRENCE $ PREMISES oaune. $ MED EXP (Any one person) $ PERSONAL&ADVINJURY $ GENERAL AGGREGATE s GENL AGGREGATE POLICY LIMIT APPUESPER: PRP LOG PRODUCTS - COMPIOP AGO $ $ AUTOMOBILE LIAMUTYB ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS NED SINGLE LIMIT a Hent 5 BODILY INJURY (Per person) 5 BODILY INJURY(Per acoHem) s PROPERTY DAMAGE $ eraccklent 5 UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE 5 AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN OFNCER/MEMSER EXCLUDED? (Mandatory In NH) Ilyac depute under DESCRIPTION OF OPERATIONS babes NIA Y 84WBGBT3866 01/01/2015 01/01/2016 X TTRYSTLIM ATIU OTH- E.L. EACH ACCIDENT $1,000,000 EL. DISEASE a EA EMPLOYEE $1,000,000 EL. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach, ACORD 101, Addakmal Remarks Schedule. R more space is required) RE: APAI 0 2015-312-00; Lubbock Water Conservation Development. waiver of Subrogation is included when required by written contract. City of Lubbock Attn: Aubrey Spear P.O. Box 2000 Lubbock„TX 79957 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOORRIIZZEED REPRESENTATIVE ODD TION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Awn THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 84 WBG BT3866 Endorsement Number: Effective Date: 01/01/15 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: ALAN PLUMMER ASSOCIATES, INC. 1320 S UNIVERSITY DR, STE 300 FORT WORTH TX 76107 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. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. FYr3:14411111:1 ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US Countersigned by Authorized Representative Form WC 00 03 13 Printed in U.S.A. Process Date: 12/18/14 Policy Expiration Date: 01/01/16