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Resolution - 2013-R0140 - Agreement - Alan Plummer Associates Inc.- NW Water Reclamation Plant - 05/01/2013
Resolution No. 2013-RO140 May 1, 2013 Item No. 5.10 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Professional Services Agreement to design the construction of the Northwest Water Reclamation Plant 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 may 1, 2x13 Z/01/ ---- G C. RO ERTSON, MAYOR ATTEST: 4"9?< Rebe ca Garza, City Secreta y APPROVED AS TO CONTENT: 4 4 R. Keith Smith, P.E.. Chief Operating Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs'RES.Agrmt-Alan Plummer Associates, Inc. March 28, 2013 City of Lubbock Capital Project Project Cost Detail May 1, 2013 Capital Project Number: 92221 Capital Project Name: Northwest Water Reclamation Plant EncumberedlExpended Feasibilty Study - APAI Surveying for Land Acquisition - Hugo Reed Appraisal Flow metering Staff time and benefit as of 5/1/13 Agenda Item May 1, 2013 Professional Services Contract for Final Design - APAI Encumbere&Expended To Date Estimated Cost for Remaining Appropriation Land Acquisition Remaining Appropriation Total Appropriation Budget $ 1,603,816 6,152 4,950 17,850 37,706 8,841,689 10,512,163 1,150,000 11,837,837 $ 23,500,000 PLUM -02 OP ID: BH CERTIFICATE OF LIABILITY INSURANCE DAT09/10D/YYYY) 1 09110/12 THIS CERTIIRrCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICEtTE 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(les) 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 800-338-1391 ACEC/MARSH 888-621-3173 701 Market St., Ste. 1100 St. Louis, MO 63101 Sharon L. Zach CONTACT NAME: PHONE FAX tAIC. No. Ext):_LJLVc No): EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC p INSURER A: Twin City Fire Insurance 29459 INSURED Alan Plummer Assoc., Inc. Ms. Anne Lemmons INSURER B: E Tb�EATE�— PREMISES Ee occunence) $ 1320 South University Drive INSURERC: — - Fort worth, TX 76107 INSURER 0: 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. INSR TR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DO/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ E Tb�EATE�— PREMISES Ee occunence) $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ElOCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE S PRODUCTS - COMP/OP AGG $ GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident S BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ ( ) NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR__.__..,.... CLAIMS -MADE _.....,... _.... _. AGGREGATE S DED I I RETENTIONS $ A WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITY ANY PROPRIETORMARTNER/EXECUTIVE Y/N OFFICERIMEMBER EXCLUDED? N / A 84WBGFI9231 11/01/12 11/01/13 WC STATU- OTH- EL EACH ACCIDENT $ 1,000,00 _ E L DISEASE - EA EMPLOYEE $ 1,000,00 (Mandatory In NH) d'scnbe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT 1 S 1,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RFQ 08 -718 -BM, Canyon Lakes Water Reuse Project, Project No. 8937 and EPA Grant No.96629501, APAI No. 0426-007-01; Waiver of Subrogation is included in favor of the certificate holder. WOSWC CTYLUBB CITY OF LUBBOCK ATTN: HEATHER PARKERSON PO BOX 2000 LUBBOCK, TX 79457-2000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 84NVBGFI9231 Named Insured and Address: Alan Plummer Assoc., Inc. 1320 South University Drive 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 applies only to the extent that you perform work under a written contract that requires you to obtain this agreement form us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. SCHEDULE Person or Organization Job Description City of Lubbock Canyon Lake Water Reuse APAI #0425-007-01 1 Countersigned by KI(1 Ado ed epresentati Form WC 04 03 06R (1) Printed in U.S.A. Resolution N0. 2013-RO140 ACCAZO CERTIFICATE OF LIABILITY INSURANCE DATE 2013 Y) 4/15/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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 McLau McLaughlin Brunson Insurance Agency, LLP g 4 Y. 6600 LBJ Freeway, Suite 220 Dallas TX 75240 CONTACT NAME: Joe A Bryant PHONE FAX C No Ext): (214) 503-1212 AIC No: E-MAIL ADDRESS: GENERAL LIABILITY INSURERS AFFORDING COVERAGE NAIC # INSURERA:Travelers Indemnity Company 25658 INSURED INSURER B: Charter Oak Fire Insurance Co. 25615 Alan Plummer Associates, Inc. INSURERC:XL Specialty Insurance Company 37885 X COMMERCIAL GENERAL LIABILITY INSURER D: Travelers Lloyds Ins. Company 41262 1320 S. University Drive, #300 INSURER E: Fort Worth TX 76107 INSURER F: COVERAGES CERTIFICATE NUMBER: cert ID 19714 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. ILTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICYFSP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 D X COMMERCIAL GENERAL LIABILITY Y Y PACP1996L981 6/15/2012 6/15/2013 CLAIMS -MADE � OCCUR ValPapers-$1, 000, 000 MED EXP (Anyone person) $ 10,000 PERSONAL BADV INJURY $ 1,000,000 X X, C, U Coverage X Contractual Liab. GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $ 2,000,000 POLICY FX PRO LOC JECT $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ B X ANY AUTO Y Y BA2003L924 6/15/2012 6/15/2013 ALL OWNED SCHEDULED AUTOS AUTOS No Owned Autos BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Par. X NON -OWNED HIRED AUTOS %� AUTOS A X UMBRELLA X OCCUR Y Y CUP642BY427 6/15/2012 6/15/2013 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATIONWC STATU- OTH- LIMI_ AND EMPLOYERS' LIABILITY Y / NY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Professional Liab N Y DPR9693889 5/9/2012 5/9/2013 Per Claim/Annual $ 2,000,000 Aggregate $ DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) 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. 30 Days Notice of Cancellation in favor of the certificate holder. City of Lubbock is shown as an additional insured on the general, auto and umbrella liability coverages as required by contract. General liability coverage is on a primary and non-contributory basis. Umbrella liability follows form. Auto liability coverage is on a primary basis. A waiver of subrogation is shown in favor of the additional insured on all policies as required by contract. RE: 2012 Research Project: Evaluation Direct Potable Reuse in Texas - APAI Project # 866-005-01 lain all20fLll3:LaJ I11 OJ a: ya1 O L" a 4 w_llLol City of Lubbock P.O. Box 2000 Lubbock TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 4 y`- 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Page 1 of 1 Alan Plummer Associates, Inc. BA20031_924 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- a written contract or agreement that Is signed and men, the provisions of the Coverage Form apply executed by you before the "bodily Injury" or "property unless modified by the endorsement. damage" occurs and that Is In effect during the policy The following Is added to the Section II — Liability period Is an "Insured" for Uablllty Coverage, but only Coverage, Paragraph A.I. Who Is An Insured Pro- for damages to which this Insurance applies and only vision: to the extent that person or organlzallon qualifies as an "Insured" under the Who Is An Insured provision Any person or organization that you are required to contained In Section II. Include as additional Insured on the Coverage Fonn In CA T4 37 08 08 0 2008 The Travelers Companies, Inc. Page 1 of 1 Alan Plummer Associates, Inc. - Policy #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 additional 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- slons 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 qualify as an additional Insured for "bodliy Injury", "property damage" or "personal Injury" for which that per- son erson 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- tional insured shall be the limits which you agreed in that "contract or agreement requir- Ing Insurance" to provide for that additional Insured, or the limits shown In the Declare - dons for this Coverage Part, whichever are less. This endorsement does not increase the limits of Insurance stated In the LIMITS OF INSURANCE (Section i1I) for this Coverage Part. B. The following Is added to Paragraph a. of 4. Other Insurance In COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if 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 addl- tlonal Insured as a named Insured, and we will not share with the other Insurance, provided that: (1) The "bodily Injury" or "properly 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 stili 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 addlUonal Insured under any other Insurance. C. The following is added to Paragraph 8. 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 nyour 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 CO D3 8109 07 ® 2007 The Travelers Companies. Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc.. with its permission COMMERCIAL GENERAL LIABILITY Injuy or "property damage* occurs, or the "per- sonal Injury" offense Is committed. D. The following definition Is added to DEFINITIONS (Section 1): "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 02007 The Travelers Companies, Inc. CG 03 8109 07 Includes the copyrighted material of Insurance Servicas Office, Inc., with Its permission Alan Plummer Associates, Inc. BA20031_924 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 "accident" 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 deslg- 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 00 08 0 2008 The Travelers Companies, lna Page 1 of 1 Alan Plummer Associates, Inc. - Policy #PACP19961-981 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), Is amended as follows: 1. The following Is added to Paragraph a. Primary Insurance: However, if you specifically agree In a written con- tract or written agreement that the insurance pro. vided to an additional Insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this Insur- ance Is primary to other Insurance that Is avall- able to such additional Insured which covers such additional Insured as a named Insured, and we will not share with that other Insurance, provided that: a. The "bodily Injury" or "property damage" for which coverage Is sought occurs; and b. The "personal Injury" or "adverfising injury" for which coverage Is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary In- surance available to you Is deleted. 3. The following Is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That Is available to the Insured when the insured Is added as an additional Insured under any other policy, induding any umbretia or excess policy. CO DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. 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 2.f, of SECTION II — WHO IS AN IN- SURED Is deleted and replaced by the following: f. Any other person or organization insured under any policy of the "underlying insurance" listed in the SCHEDULE OF UNDERLYING INSURANCE of the DECLARATIONS of this insurance. This insurance is subject to all the provisions and limi- tations upon coverage under such policy of "un- 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 St. Paul Travelers 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 Thls endorsement modifies 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 organization, 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 Includes the copyrighted material of Insurance Services Office, Inc, with its pormission. Resolution No. 2013-RO140 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") for Northwest Water Reclamation Plant (NWWRP), resultant to the NWWRP Feasibility Study (Contract 9933) is entered into this 1st day of May 2013, by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Alan Plummer Associates, Inc. (the "Engineer"), a Texas Corporation. WITNESSETH WHEREAS, Engineer has performed the Feasibility Study for the Northwest Water Reclamation Plant and has substantial skill and experience with public water reclamation plants and related infrastructure necessary to design a new Water Reclamation Plant (the "Project"), more specifically described as follows: City intends to design and construct the new Lubbock Northwest Water Reclamation Plant with new discharge outfall location, as well as the raw wastewater diversion and conveyance system, sludge pipe conveyance system, and treated effluent conveyance system. The treatment process, hydraulics, and plant capacity will be in accordance with the Texas Commission on Environmental Quality (TCEQ) requirements. Engineer will perform structural, architectural, HVAC, mechanical, SCADA, and electrical/instrumentation design associated with the water reclamation plant and associated conveyance systems. Engineer is to provide route alignment studies, equipment preselection, preliminary design engineering services for the NWWRP and the associated offsite conveyance systems, and surveying for the offsite pipelines (raw wastewater diversion interceptor, north, and south water lines, outfall pipe, and sludge pipe), as well as final design services for the NWWRP and offsite conveyance systems, easement acquisition assistance, and advertiseibid phase services for five projects -1- (NWWRP and four offsite projects), which are all included in Exhibit A of this contract as authorized by the City. WHEREAS, Engineer has demonstrated competence and qualifications to perform the Services, as defined below, and will perform the Services for the price provided herein, said price stipulated by City and Engineer to be a fair and reasonable pnce; WHEREAS, the City desires to contract with Engineer to perform services related to the Project and Engineer desires to provide the services related to same. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Engineer agree as follows: ARTICLE I Services 1.01 Engineer shall conduct all activities and within such time frames, as set forth on Exhibit "A", "Scope of Services — attached hereto (the "Services"). 1.02 Engineer's Personnel at the Project Site: The presence or duties of the Engineer's personnel at the Project site, whether as on-site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to City and/or to other contractors, subcontractors, or other entities, and do not relieve the other contractors, subcontractors, or other entities of their obligations, duties, and responsibilities, including, but not limited to, all methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work of those parties in accordance with their contract requirements and any health or safety precautions required by such work. The Engineer and its personnel have no authority to exercise any control over any -2- contractor, subcontractor, or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of any contractor, subcontractor, or other entity or any other persons at the Project site except Engineer's own personnel. Conditions which may appear unsafe to the Engineer will be reported to the Contractor and the City. ARTICLE II Compensation and Term 2.01 The consideration to be paid for the Services to be provided the City as described in Article I shall be a not to exceed amount of $8,841,689 as provided in Exhibit `B". Billing rates for time and materials portions are provided in Exhibit "C," attached hereto. The materials and labor amounts shall be invoiced to the City monthly for work performed. 2.02 This Agreement shall expire nine hundred twenty (920) calendar days following Notice to Proceed. Additionally, the City may terminate this Agreement by providing written notice to Engineer at least thirty (30) days prior to the effective date of termination as provided in such notice. 2.03 The Engineer's compensation is based on timely 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 may request renegotiation of those portions of the compensation affected by the time change. 2.04 If the Engineer determines that additional time is required to complete the Services, the City Manager, or her designee, may execute an agreement to grant up to an additional six (6) months of time so long as the amount of the -3- consideration does not increase. An amendment to this agreement resulting in any increase in the amount of the consideration must be approved by the City acting through its governing body. ARTICLE III Independent Contractor 3.01 It is understood and agreed that Engineer is to perform the Services in a sound 4.01 and professional manner and exercising the degree of care, skill and diligence in the performance of the Services as is exercised by a professional engineer under similar circumstances and Engineer hereby represents to the City that the Services shall be so performed. Further, Engineer is and shall be considered at all times an independent contractor under this Agreement and/or in its service, hereunder. During the performance of the Services under this Agreement, Engineer and Engineer's employees 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 IV Events of Default/Remedies a. City's Defaults/Engineer's Remedies. 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 -4- 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. Engineer's Defaults/City's Remedies. In the event Engineer shall default in the performance of any term or provision of this Agreement for any reason other than failure by the City to perform hereunder, the City may, if said default shall be continuing after five (5) days notice of such default is deemed received by Engineer, exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, specific performance and/or the right to terminate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. ARTICLE V Insurance/Indemnity 5.01 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 -5- 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, commercial general liability and automobile liability coverage 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. 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: Automobile Liability: Combined Single Limit for any auto: $1,000,000 $1,000,000 $500,000 Per Occurrence Engineer shall further cause any approved subcontractor to procure and carry, during the term on this Agreement, Professional Liability coverage, as specified above for Engineer, protecting City against direct losses caused by the professional negligence of the approved subcontractor. The City shall be listed as additional insured with respect to the Automobile Liability and Commercial General Liability on a primary and non contributory basis to include product-comp/op and provide a waiver of subrogation in favor of the city of Lubbock Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide -6- 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. Any termination of workers' compensation insurance coverage by Engineer or any cancellation or non -renewal of workers' compensation insurance coverage for the Engineer shall be material breach of this contract. The policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Employer's Liability with limits of at least $500,000 each accident, $500,000 by disease policy limit, and $500,000 by disease each employee shall also be obtained and maintained throughout the term of this Agreement. 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. Engineer shall indemnify and hold City and City's elected officials, officers, agents, employees and independent contractors harmless, to the fullest extent permitted by law, from and against any and all claims, demands, damages, costs, liabilities and expenses, and including reasonable attorney's fees, as a result of, related to, arising from, or related to Engineer's use or occupation of City owned lands, and/or any matter related to Engineer's activities, performances, -7- operations or omissions under this Agreement to the extent of Engineer's negligence of any kind or type. The indemnity provided herein shall survive the expiration or termination of this Agreement. ARTICLE VI Miscellaneous 6.01 Engineer shall comply with applicable laws, statutes, regulations, ordinances, rules and any other legal requirement related to, in any way, manner or form, the performance of the Services contemplated herein at the time services are performed. 6.02 Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the United States mail, as set forth above. For City: John Turpin, P.E. City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-2051 M For Engineer: David A. Gudal, P.E. Alan Plummer Associates, Inc. 1320 South University Drive, Suite 300 Fort Worth, Texas 76107 Facsimile No. (817) 870-2536 6.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. 6.04 This Agreement, including the exhibits and attachments hereto, represents the entire and sole agreement between the City and Engineer with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings, representations or other agreements, whether written or oral. This Agreement may not be modified or amended except in writing and duly executed by each party hereto. 6.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between Engineer and the City. 6.06 If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and -9- enforceable so long as said modification is reasonably within the intent the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. 6.07 Any and all final 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 Section 2.01, above. The City will assume sole liability for any reuse or modification of the Engineer's work product. The Engineer may make copies of any and all work products for its files. 6.08 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. 6.09 Except as otherwise provided herein, neither City nor Engineer may assign or subcontract any part of the Services under this Agreement, in whole or in part, without the written consent of such assignment by the non -assigning party. Engineer may, subject to the right of approval by the City, subcontract certain of the Services to highly qualified professionals. The term "Engineer", as used in and for all purposes of this Agreement, includes Engineer's subcontractors and subconsultants. City and Engineer each bind itself or himself, their legal representatives and permitted assigns in respect to all provisions of this Agreement. -10- 6.10 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Engineer. Engineer represents and warrants to City that it has taken all actions necessary to authorize the party executing this Agreement to bind, in all respects, Engineer to all terms and provisions of this Agreement, and that such person possesses authority to execute this Agreement and bind Engineer hereto. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. CITY OF LUBBOCK GLENg1r RO E N, MAYOR ATTEST: P-10 A-1 C'e, Re cca Garza, City Secret APPROVED AS TO, CONTENT: L. Wood Frar)klin, P.E., City APPROV D AS TO FORM: City Attorney ALAN PLUMMER ASSOCIATES, INC. By: Name: David A. Gudal, P.E. Title: Principal -12- ALAN PLUMMER ASSOCIATES, INC. EXHIBIT A SCOPE OF SERVICES 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: NORTHWEST WATER RECLAMATION PLANT The purpose of this Agreement is as follows: This Exhibit A includes pipeline route alignment, preliminary engineering design services, equipment preselection, surveying, final design, bid phase services, and easement acquisition assistance for the Northwest Water Reclamation Plant and associated conveyance systems. This Agreement may be amended, at the City's sole discretion, to include construction phase services per Article II, Paragraph 2.04 of the Agreement. SCOPE OF SERVICES The ENGINEER agrees to furnish the CITY with the following specific services: BASIC ENGINEERING SERVICES Task 1. Level I or 30% Design Perform Level I engineering design services for the Northwest Water Reclamation Plant. Advise City as to the necessity of the City providing or obtaining data or services from others and assist the City in connection with any such services. 1.1 Based on the Feasibility Study Design Basis Memorandum (DBM), perform process design calculations for 3 MGD design flow. All information developed for the 6 MGD scenario during the Feasibility Study Phase will be utilized to the extent possible. Develop a detailed process design drawing including all treatment process units with flow rates. Develop additional process information needed including sample locations, instrument locations, flow meters, etc., and utilize treatment units' sizes and volumes, equipment sizes and types, horsepower requirements, and chemical dosages from Feasibility Study Phase, modified for 3 MGD flow. The initial design flow is 3 MGD, with subsequent expansion to 6 MGD, with peak 2 -hour flows of up to 18 MGD. Future plant site build out is for design flow of 18 MGD. Based on process models set up in Feasibility Study Phase and DBM information, perform process modeling to reflect design conditions. 1.2 Develop preliminary process and instrumentation drawings (P&IDs) and prepare operation and control descriptions for the plant processes. Include automatic sampler Page 1 of 13 locations, all equipment and valves, and all instruments on P&IDs. Approximately 20 P&IDs will be developed. 1.3 Perform process calculations for the aeration basin air supply system, and for the foul air treatment systems (odor control facilities) for the raw wastewater pump station, headworks facilities, primary clarifiers, and peak flow storage facilities. 1.4 Perform hydraulic calculations for the treatment facility and flow split structure(s). Develop a hydraulic profile drawing. Develop system head curves for each pump station and perform pump selection. Determine piping sizes and materials for all piping. Develop plant drain and plant water schematics. Develop interceptor flow model revisions for diversion pipeline and determine design flows along pipe including initial year, ultimate, and three intermediate conditions. 1.5 Perform Alternative Evaluations for Equipment Selection for the following: • Aeration Basin Blowers (Multistage vs. Turbo) • Equalization/Peak Flow Storage Tank (Precast Concrete vs. Glass Coated Steel) • Concrete Tank vs. Glass Lined Steel Tank for Primary Clarifiers • Membrane Bioreactor System (Hollow Fiber and Flat Sheet Types, up to four (4) manufacturers). Engineer shall coordinate three (3) site visits with City staff, up to six (6) days total, to treatment plants currently utilizing equipment being considered for the NW WRP. • Two (2) alternative activated sludge systems (Aeration Basins with anoxic zone, fine pore diffusers, vs. Ovivo Carousel with vertical shaft aerator/mixer) Selection of other equipment will be based on the equipment table in the DBM, which was developed in the Feasibility Study phase. Note that this design is based on the City NOT accepting septic or grease trap haulers at the NWWRP. No provisions are included to accommodate it. 1.6 Develop electrical loads for the 3 MGD and 6 MGD plant. Determine backup generator size for 3 MGD with automatic transfer switch (ATS). Coordinate with power company for electrical service to the site to serve current and future loads. Develop one -line drawings and switchgear/MCC building layouts for 3 MGD and 6 MGD facilities. 1.7 Determine programmable logic controller (PLC) locations and develop supervisory control and data acquisition (SCADA) block diagram for plant. Perform designs for instrumentation and controls including PLCs, as necessary, for the facilities. All equipment should have provisions for monitoring and start/stop from SCADA. Prepare specifications and designs for the incorporation of all equipment and instruments to the SCADA/human machine interface (HMI) system. Develop the extent of programming for the PLCs to be performed by a general construction contractor. Identify communication strategy to other city facilities and plant security requirements such as Page 2 of 13 cameras and door intrusion alarms. Entry and exit gates shall have gate openers with security/controlled access features. 1.8 Conduct space planning meeting with City staff for operations and maintenance spaces. Develop floor plans and building elevations for operations building and maintenance building. Maintenance space to include restroom and locker area. Note maintenance space may be combined with electrical building and/or membrane bioreactor (MBR) gallery, blower building, and chemical feed area. Develop mechanical/electrical/plumbing (MEP) and heating, ventilation, air condition (HVAC) concepts, and basis of design criteria for all buildings in the plant. Buildings may include chemical feed, motor control center (MCC), headworks, fine screening, equalization basin mixing and relift pumps, plant water pumps, and sludge pumping stations. Provide rendering of site in electronic format. Submit draft of rendering for City review. Discuss roof colors and other colors prior to showing on rendering. 1.9 Develop site plan drawing and preliminary civil drawings including paving, grading, drainage, and yard piping plans. Develop front entry fence and gate concepts and landscaping approach. Identify and coordinate requirements for storm drainage including provisions to contain storm flows and accidental overflows. Determine locations of existing abandoned oil well casings and approach to modification for plant facilities. 1.10 The Engineer shall submit to the City an Opinion of Probable Construction Cost based on current area, volume, or other unit costs and which indicates the cost of each category of work involved in construction of the Project. In providing opinions of cost, financial analysis, economic feasibility projections, and schedules for the Project, the Engineer has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate Project cost or schedule. Therefore, the Engineer makes no warranty that the City's actual Project cost, financial aspects, economic feasibility, or schedules will not vary from the Engineer's opinions, analyses, projections, or estimates. 1.11 Perform Level I design for offsite pipelines including raw wastewater diversion pipeline, effluent outfall pipeline, sludge pipeline, and two potable water pipelines (north and south of Clovis Highway) per the Feasibility Study Report. Develop preliminary (Level I) plan and profile drawings for each pipeline and for outfall structures. The diversion pipeline and water line north of Clovis Highway will be developed as independent projects with accelerated design (two (2) offsite projects and sets of plans). The outfall pipeline will be a separate project, as will the sludge pipeline and water line south of Clovis Highway, which share an easement (total of four offsite construction projects). Provide access route to outfall location. Page 3 of 13 1. 12 Develop preliminary mechanical drawings (Level I) for the plant facilities based on the DBM and P&IDs developed. Prepare draft technical specifications for the major equipment items. Facilities include the following: • Gravity Diversion Flow Split Structure (Note Pump Station at Diversion Point 1 is not being designed at this time.) • Influent Lift Station with Odor Control • Bar Screen/Flow Metering • Grit Removal System • Headworks Odor Control • Primary Clarifier with Sludge Pump Station and Odor Control • Chemical Storage and Feed Systems (2) • Equalization (EQ)/Peak Flow Storage Basin (PFSB) with Mixing and Odor Control and Relift Pump Station • Fine Screen with Odor Control • Aeration Basins • Membrane Bioreactors • Return Activated Sludge (RAS) and Waste Activated Sludge (WAS) Pump Stations • Aeration Equipment with Air Piping • Ultraviolet (UV) Disinfection/Post Aeration/Effluent Flow Meter • Outfall Structure • Plant Water Pump Station • Recycle Meter Station (return Flow to Influent Lift Station) 1.13 Flow Monitoring — Continue flow and rainfall monitoring at both locations installed during the Feasibility Study Report Phase, for 3 months. Update Flow Monitoring Technical Memorandum following completions. 1.14 Develop a preliminary design report containing the above preliminary design information with DBM flow and quality information. Submit the report to the TCEQ following incorporation of City comments. 1.15 Deliverables 1.15.1 Submit five (5) copies of the prepared memoranda, specifications, P&IDs, preliminary civil and mechanical drawings, electrical one -line and MCC layouts, SCADA block diagrams, and communication drawings (11" x 17") to the City for review. All deliverables shall include one digital file on portable media such as thumb drive. 1.15.2 Submit five (5) copies of the architectural floor plans and elevation drawings, MEP and HVAC concepts, and basis of design criteria memorandum for all plant buildings to the City for review. All deliverables shall include one digital file on portable media such as thumb drive. 1.15.3 Submit five (5) copies of the draft preliminary design report to the City for review. Incorporate comments and submit five (5) copies of the report Page 4 of 13 submitted to the TCEQ. All deliverables shall include one digital file on portable media such as thumb drive. Task 2. Equipment Preselection 2.1 Develop two equipment preselection front-end documents (one for MBR equipment and one for remaining equipment) in conjunction with City for obtaining equipment proposals for up to 10 equipment packages, including the following equipment: Preselection Package No. 1: • MBR package with aeration equipment, 2 mm fine screens with washers/compactors, activated sludge control system, instruments, submersible mixers, and RAS pumps Preselection Package No. 2: • 1/4 -inch screens/washers/compactors • Grit Removal System • UV equipment • Generator with ATS and switchgear • Primary clarifier mechanism, possibly in glass lined steel tank • Submersible pumps • Positive displacement pumps • Glass lined steel vs. precast concrete tanks for EQ/PFSB • Odor Control Package 2.2 Develop equipment specifications for above equipment items. Develop performance requirements, and information necessary for evaluation of proposals. MBR packages will be evaluated based on experience, reliability, operation and maintenance requirements, power usage, chemical usage, membrane replacement cost and life as well as equipment and construction costs of each, and other non -cost factors. Up to four MBR suppliers will be evaluated for prequalification requirements and proposals based on criteria established in conjunction with City. 2.3 Assist the City during two advertisement projects for equipment proposals. Respond to requests for information and prepare addendum items. 2.4 Attend two prebid meetings and two proposal evaluation meetings with the City. 2.5 Perform proposal reviews for conformance to the specifications and contract documents. 2.6 Prepare proposal review summary and selection recommendation letters for each equipment item. Page 5 of 13 Task 3. Level II/III Design 3.1 Based on the Level I design (Exhibit A, Paragraph 1.12), the Engineer shall prepare, for approval by the City, five (5) sets of Plans, Specifications, and Contract Documents including (1) NW WRP, (2) Sludge Pipeline, and Potable Water Pipeline south of Clovis Highway, (3) Outfall Pipeline, (4) Diversion Interceptors, and (5) Potable Waterlines north of the Clovis Highway. Drawings and Specifications will set forth in detail the requirements for the construction of the Projects, which shall comply with all applicable laws, statutes, ordinances, codes, and regulations. The Standard of Care applicable to the Engineer's services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time such services are performed. Engineer will re -perform any service not meeting this Standard of Care without additional compensation. Engineer will utilize Engineer's standard details. 3.1.1 Allowances will be included in the bid form to cover furniture for the Operations Building, Lab glassware and equipment, maintenance equipment, tools, and grounds care equipment, as determined by the City. Engineer will identify lists of potential equipment, but not develop detailed specifications for them. 3.2 Definition of Design Levels: 3.2.1 Level II — The plans and specifications will be approximately 60 percent complete at this level. 3.2.2 Level III — The plans and specifications will be approximately 90 percent complete at this level. 3.3 Contract Documents: The Engineer shall assist the City in preparation of necessary bidding information, bidding forms, the conditions of the contract, and the form of agreement between the City and general contractor. Engineer will use the City's "front-end" documents for the Project. Engineer will use the Engineer's technical specifications. 3.4 Opinion of Probable Construction Cost: The Engineer shall advise the City of any adjustments to the Opinion of Probable Construction Cost prepared during Level I at both the Level II and Level III phases, as described in Exhibit A, Paragraph 1.10. 3.5 Authorities having jurisdiction and permits: 3.5.1 The Engineer shall assist the City in connection with the City's responsibility, if any, for filing documents required for the approval of governmental authorities Page 6 of 13 having jurisdiction over the Project. This coordination shall include submitting plans to the following agencies, when required: - Texas Commission on Environmental Quality (TCEQ). - A Registered Accessibility Specialist for the Texas Department of Licensing and Regulation to verify conformance with the Texas Accessibility Standards. - City Departments - Texas Parks and Wildlife 3.5.2 Assist in preparing permit applications associated with those items listed in Paragraph 3.5.1. 3.5.3 Preparation of detailed applications for government grants or loans, or environmental and/or archeological surveys will be provided as Special Services, if required and not outlined in Basic Services. 3.5.4 Submit plans, specifications, and contract documents to the applicable federal and state agency(s) for approval, where required. 3.6 Furnish the City, when requested, the engineering data necessary for applications for the routine permits required by local, state, and federal authorities including general United States Army Corps of Engineers 404 permits. 3.7 Coordinate with utility companies and furnish such information necessary to utility companies whose facilities may be affected or services may be required for the Project. 3.8 Deliverables: 3.8.1 Furnish five (5) sets of the specifications, drawings (11" x 17"), and contract documents for each of the five (5) projects to the City for Level II review. 3.8.2 Furnish five (5) sets of the specifications, drawings (11" x 17"), and contract documents for each of the five (5) projects to the City for Level III review. 3.8.3 Furnish five (5) sets of the specifications, drawings (11" x 17"), and contract documents for each of the five (5) projects marked "preliminary" for final approval by the City. All deliverables shall include one digital file on portable media such as thumb drive. 3.8.4 Upon final approval by the City, the Engineer will provide the City with one (1) full-size (22" x 34") set and five half-size (11" x 17") sets of "final" plans and specifications for each of the five (5) projects. Furnish electronic version to purchasing. Develop 3D model of NWWRP site with yard piping and duct banks. Page 7 of 13 Task 4. Advertisement and Bid Phase 4.1 Advertisement: 4.1.1 Assist the City in securing proposals, issuing notice to bidders, and notifying construction news publications of the five (5) Projects. 4.1.2 The City's purchasing department will handle advertising for bids. Participate in pre-bid conferences at locations designated by the City for each of the five (5) projects (ten (10) pre-bid conferences total). 4.1.3 Respond to questions and prepare addenda for City to issue, as required. 4.2 Bid Opening: 4.2.1 Assist the City in opening, tabulation, and analyses of the proposals received for the five (5) projects and furnish recommendations on the award of the three contracts or the appropriate actions to be taken by the City. 4.2.2 Participate in proposal review and assessment meetings in Lubbock for each of the five (5) projects (up to ten (10) meetings). 4.2.3 Prepare conformed specifications and drawings for each project based upon addenda issued during advertisement. 4.3 Deliverables: Furnish City two (2) full-size (22" x 34") sets, five half-size (11" x 17") sets of "conformed" plans and specifications, and one electronic copy for each of the five (5) projects. All deliverables shall include one digital file on portable media such as thumb drive. Task 5. Meetings and Workshops Meetings and Workshops will be conducted for the design of the project as a whole. When possible, review meetings of specific offsite projects will be combined, two projects per meeting. Meetings for obtaining equipment quotes are in Task 2, for the Advertisement and Bid Phase are included in Task 4; all other meetings and workshops for design phases are in Task 5. 5.1 Kick-off Meeting Attend a kick-off meeting with the City at the City's facility to review the scope of work, discuss the work plan, verify City's requirements for the project, review the schedule for the project. Review project deliverables, workshops, and meetings. Kickoff meeting will be conducted at same time as Workshop No. 1 (below). Page 8 of 13 FJ 5. 1.1 Deliverables: Furnish electronic copy of meeting minutes. Project workshops and review Meetings Conduct project workshops and review meetings at the City's facility. Overall project updates will be provided at the workshops and review meetings. Separate Project Update Meetings will not be held. Prior to meeting, send out electronic copy of agenda. Information to be discussed at workshops and meetings shall be sent out ten days prior to meeting. Workshops and meetings anticipated during the design phase are as follows: Workshop No. 1 - Architectural Concepts (Space Planning, Floor Plans) and Architecturalibuilding Concepts, Elevations, Materials Workshop No. 2 - MBR Equipment and Other Equipment/Treatment Unit Concepts, including Operation and Control Discussions, Instrumentation, SCADA/Communication/Security Items, and Electrical Workshop No. 3 - Offsite Pipeline Concepts (all 4) Review Meeting No. 1 - Equipment Preselection Documents and Basis of Design Memorandum and Level I Design Documents — NWWRP with P&IDs, Hydraulic Profile Review Meeting No. 2 - Level I Design Documents — Offsite Projects Diversion Interceptor, Sludge Pipe, and South Waterline, Outfall and North Waterline Review Meeting No. 3 - Level 11 Design Documents —Offsite Projects - Diversion Interceptor, Sludge Pipe and South Waterline Review Meeting No. 4 - Level III Design Documents — Offsite Project - Diversion Interceptor, Sludge Pipe, and South Waterline Review Meeting No. 5 - Level II Design Documents -- NWWRP Review Meeting No. 6 - Level II Design Documents — Offsite Project - Outfall and North Waterline Review Meeting No. 7 - Level III Design Documents — NWWRP Review Meeting No. 8 - Level III Design Documents — Offsite Project — Outfall and North Waterline Page 9 of 13 5.3 Meetings and presentations with City Management Prepare for and participate in one (1) meeting with City Management as requested by the City. 5.4 Quality Control (QC) Review Meetings 5.4.1 Conduct QC review meetings for each of the deliverables for the five projects utilizing senior staff members. 5.5 Deliverables: 5.5.1 Kick-off Meeting: Electronic copy of the meeting minutes. 5.5.2 Workshop Nos. 1-3: Electronic copy of the meeting minutes. 5.5.3 Review Meeting Nos. 1-8: Electronic copy of the meeting minutes. 5.5.4 QC Review Meetings (8): Electronic copy of the meeting minutes of each meeting. Task 6. Project Management 6.1 Provide project management activities to properly plan the work, sequence, manage, coordinate, schedule, and monitor the scope tasks and completion of the tasks 6.2 Prepare a project management plan including scope, budget, schedule, communication, project team, and file organization. 6.3 Conduct internal team coordination meetings as required to accomplish the work. 6.4 Provide monthly status updates to the City describing and showing the percent complete for scope tasks and the issues, budget status, and schedule. 6.5 Coordinate, prepare, and review monthly invoices for payment. 6.6 Maintain and update on a monthly basis, an action item log, a decision log, and project change log as well as the schedule in an electronic online system (i.e., Project Mates). Post all deliverables on online accessible system. Task 7. Pipeline Alignment Corridor, Surveying, Easement Preparation, and Utility Locates for Offsite Pipelines 7.1 Determine and summarize the alignment corridor for the raw wastewater diversion pipeline, the treated effluent pipeline to the discharge site, the sludge pipeline to the existing interceptor, and the north and south potable water pipelines and identify the significant utilities that may impact the alignment, and the needed easements both permanent and temporary. Page 10 of 13 7.2 Perform surveying for the plant site, and for the four offsite pipelines (Diversion interceptor, Outfall, Potable Water Line, and Sludge Pipeline). Provide boundary surveys of properties that City may need to acquire or obtain easements on and conduct deed research. Properties to assess acquisitions include the four offsite pipelines, the WRP site, and the wastewater pump station site near Diversion Point No. 1. City to obtain rights of entry. Prepare survey plats with legal descriptions of each easement and property necessary to acquire. Perform subsurface utility locates at critical locations for the above four pipelines. Prepare permits for railroad and TxDOT crossing permits. Task 8. Geotechnical Investigation 8.1 Perform soil borings on plant site and offsite locations required for design. Perform soil testing and develop foundation design parameters for plant facilities and offsite structures. 8.1.1 In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. 8.1.2 Because of the inherent uncertainties in subsurface evaluations, changes or unanticipated underground conditions may occur that could affect the total Project cost and/or execution. Such changed conditions and cost/execution effects are not the responsibility of the Engineer. Task 9. Easement Acquisition Assistance for Diversion Interceptor, North waterline, Outfall Pipe, and Sludge Pipe with South Water Line 9.1 Permission from land owners of affected parcels will be obtained and signed documentation provided to others requiring access to the subject tracts to fulfill specific contractual obligations. If necessary, negotiations for compensation for right -of -entry will be conducted in consultation with the COL. 9.2 Obtain services and develop appraisals and valuations for each parcel (approximately 75 parcels). 9.3 At the request of the City, contract with qualified property agents to negotiate easements, conditions, terms, and costs as directed by the City. Provide title policies for each property for City review. 9.4 Title Review For Oil & Gas Leases And Severed Mineral Rights A review of the Title Commitment will be performed to ascertain if any outstanding oil and gas leases are effective and valid for each parcel. Review Title Commitment in an attempt to discover whether property has all minerals severed. Engineer will notify the COL of such situations and work with the COL to minimize liability or exposure. Page 11 of 13 Task 10. Discharge Permit Final Application and Support Services and Water Rights Permit Coordination 10.1 Finalize Discharge Permit Application and Assist with Processing 10.1.1 Prepare for and participate in a pre -application meeting with TCEQ staff. 10.1.2 Finalize application forms and attachments that are required to be submitted to the Texas Commission on Environmental Quality (TCEQ) for a new Texas Pollutant Discharge Elimination System permit. Forms and attachments will be revised, as appropriate, based on comments from the City after their review of draft application. 10.1.3 Prepare copies of the final application for submittal to TCEQ. 10.1.4 Assist in processing the permit application through the TCEQ. Provide support during the TCEQ administrative review and technical review processes for the development of the draft permit. Prepare responses to the TCEQ review comments. Coordinate with TCEQ on the modeling of discharge to obtain appropriate effluent limits for permit. Review draft permits. Identify concerns to provision in the draft permit. Prepare letter for submittal to TCEQ with recommendations for changes to the permit. Communicate with TCEQ during processing of permit application to track status and to obtain TCEQ interoffice technical memorandums that present basis for permit requirements that have been placed in the permit. 10.1.5 Continued assistance with the application until issuance of permit by TCEQ. 10.1.6 Submit seven (7) copies of the discharge permit application (4.7. 1) to the City. The original and three of the copies of the application are for TCEQ submittal. 10.2 Water Rights Permit Coordination 10.2.1 Following issuance of the TPDES permit for the new outfall, prepare and submit an application for a bed -and -banks authorization to the TCEQ. This application may be an amendment to the Permit No. 3985, which is currently in draft form at the TCEQ. 10.2.2 Participate in a pre -application meeting with TCEQ staff. 10.2.3 Coordinate with City legal representation as required following submission of the application to TCEQ. 10.2.4 Assist the City with responding to Requests for Information from the TCEQ related to the permit application until the application is deemed "administratively complete" by the TCEQ. 10.2.5 Continued assistance with the permit application following TCEQ's declaration that the application is administratively complete will be performed under a different contract. Page 12 of 13 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. Preparing environmental impact statements, storm water discharge permits, except as specifically included in the Basic Engineering Services. 4. 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. 5. 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. 6. Payment of fees for permit applications and publication of notices. 7. Public relations activities and consulting services. 8. 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. 9. Services known to be required for completion of the Project that the City agrees are to be furnished by the Engineer or by a subconsultant that cannot be defined sufficiently at this time to establish the maximum compensation. 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 this item without specific written authorization from the City. Page 13 of 13 EXHIBIT B This Exhibit B is part of the Agreement, between Alan Plummer Associates, Inc. (APAI) (the "Engineer") and the City of Lubbock (the "City") for the Project generally described as: NORTHWEST WATER RECLAMATION PLANT 1. Budget Amount by Scope Item for Design Phase: SCOPE TASK ITEM PROJECT NAME BUDGET AMOUNT 1 Level I — Preliminary Design $1,692,375 2 Obtain Equipment Quotes $393,896 3 Level II and III — Final Design $3,327,784 4 1 Advertise and Bid Phase $350,836 5 Meetings and Workshops $414,670 6 Project Management $530,562 7 Surveying, Easements, and Utility Locates Diversion Interceptor only in Phase 1) $553,985 8 Geotechnical Investigations $89,646 9 Easement Acquisition Assistance $1,387,515 10 Discharge Permit Final Application and Water Rights Permit Application $100,420 TOTAL BASIC ENGINEERING SERVICES OT TO EXCEED $8,841,689 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 payable 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. D. If the City fails to make payment in full to Engineer for billings contested in good faith within 60 days of the amount due, the Engineer may, after giving 7 days' written notice to City, suspend services under this Agreement until paid in full, including iI interest. In the event of suspension of services, the Engineer shall have no liability to City for delays or damages caused the City because of such suspension of services. 3. Direct Expenses (Reimbursable) A Engineer's Reimbursable Expenses, when part of the basis of compensation, are those costs incurred on or directly for the City's Project, including, but not limited to, necessary transportation costs, including Engineer's current rates for Engineer's vehicles; meals and lodging; laboratory tests and analyses; computer services; work 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 Engineer. Engineer and subcontractor direct (reimbursable) expenses will be billed at cost plus a 10 percent surcharge. B. Engineer will be paid on hourly rate basis, 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 surcharge. C. The Engineer shall keep records on the basis of generally accepted accounting practices of cost and expenses and such records shall be available for inspection by Owner during normal business hours. 4. Not to Exceed Compensation A. The Engineer will perform the services described in Exhibit A at "Not to Exceed" total compensation amount of $8,841,689, unless the 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 above as long as the total "Not to Exceed" amounts are not surpassed. IM EXHIBIT C NORTHWEST WATER RECLAMATION PLANT HOURLY FEE SCHEDULE (2013): Staff Description Alan Plummer Associates, Inc. Enprotec/ Hibbs & Todd, Inc. HDR Inc. Hugo -Reed and Associates, Inc. Staff Code Billing Rate Billing Rate Billing Rate Billing Rate Admin Staff Al -A3 $ 72.00 $ 53.00 $ 76.00 Senior Admin Staff A4 $ 87.00 $ 88.00 Designer/Technician C1 -C2 $ 88.00 $ 93.00 $121.00 $ 88.00 Senior Designer/ Technician C3 - C4 $ 112.00 $ 160.00 Engineer -in -Training/ Scientist -in -Training ES1 - ES3 $ 108.00 $ 116.00 $ 121.00 $ 105.00 Project Engineer/Scientist ES4 $ 129.00 $ 132.00 $ 143.00 $ 127.00 Senior Project Engineer/ Scientist E5 $ 146.00 $ 139.00 $ 176.00 $ 143.00 Project Manager ES6 $ 166.00 $ 157.00 $ 207.00 $ 159.50 Senior Project Manager ES7 $ 216.00 $ 174.00 $ 242.00 Principal ES8 - ES9 $ 245.00 $ 203.00 $ 257.00 $ 187.00 Registered Professional Land Surveyor $ 127.00 Survey Crew $ 198.00 Architect $ 166.00 Env./Archeological $ 215.00 Process Specialist $ 234.00 Electrical/Inst. Engr. $ 156.00 Sr. Elect/Instr. Engr/ $ 250.00 Process Modeler $229.00 A multiplier of 1.10 will be applied to all reimbursable expenses. Reimbursable expenses will include reproduction expenses, and traveling expenses per Exhibit C. The above fee schedule shall remain in effect for the duration of the project. 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