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HomeMy WebLinkAboutResolution - 2015-R0048 - Stiles, Wallace, & Associates - 02/12/2015Resolution No. 2015-R0048 February 12, 2015 Item No. 5.10 1=911111 owl BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Professional Services Agreement, Contract No. 12180, with Stiles, Wallace & Associates (SWA) for professional and architectural (A&E) services related to renovations to the Maggie Trejo Super Center, said contract to be for a fixed fee in the amount of $53,290.00 for the Construction Document Phase and a fixed fee in the amount of $17,763.00 for the Bidding and Construction Administration Phase. Passed by the City Council this February 12, 2015 ATTEST: eb cca aria, ity Secretary APPROVED AS TO CONTENT: �n-r--( 4= Mark Aarwook, Assistaht City Manager 2015. Resolution No. 2015-R0048 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK CONTRACT# 12180 This Agreement ("Agreement's, effective as of the 12`h day of February 2015, is by and between City of Lubbock, Texas (City', a Texas home rule municipal corporation, and Stiles, Wallace & Associates ("SWA'D, a Texas Partnership. WITNESSETH WHEREAS, the City desires to obtain professional architectural and engineering ("A/E'� services related to the renovations to the Maggie Trejo Super Center located at 3200 Amherst, Lubbock, Texas (the "Project'); and WHEREAS, SWA has a professional staff experienced and is qualified to provide professional A/E services related to the Project, and will provide the services, as defined below, for the price provided herein, said price stipulated by City and SWA to be a fair and reasonable price; and WHEREAS, the City desires to contract with SWA to provide professional A/E services related to the Project and SWA 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 SWA hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of one (1) year, as set forth in the receipt of the Notice to Proceed. The term may be altered by subsequent amendments of this Agreement, with the written and authorized consent of both parties. ARTICLE II. SERVICES AND COMPENSATION SWA shall perform the services described in Exhibit A with regard to the Project and payment shall be due and payable upon receipt in accordance with work provide. Payments due SWA under this Agreement shall be electronically transferred either by ACH, 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, project name and Contract Number 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 SWA under this Agreement shall be made by check and mailed to the Address identified in the remittance Page 1 of 8 SWA Agreement STILES, WALLACE & ASSOCIATES mI L I I + A_ I 7 4111 January 5, 2015 Mr. George Lisenbe City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Re: Maggie Trejo Super Center 3200 Amherst, Lubbock, Texas Dear Mr. Lisenbe: Transmitted herewith for your use are three originals of the Professional Services Agreement for the above referenced project. We have signed each of the originals. Also attached for your use is our certificate of insurance provided by J.E. Murfee & Son Insurance, our insurance provider. Lance Murfee can answer any questions that you might have concerning our insurance coverage. Please let me know if you need anything else at this time. Sincerely, STILES, WALLACE & ASSOCIATES M. Edward Stiles, AIA Enclosures Page One of One %ais c'. x0 f,. 795. 6 4;1 • I'a� \Ob 747. t41, • Fni i, l , r, n r i u , , n I u h 1. r ,.om • \%,h' ,w a I u hh,c k. c nm instructions on SWA's most recent invoice. The Remittance Advice document shall be mailed with the check to the address. ARTICLE III. TERMINATION A. General. City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to SWA. In the event this Agreement is so terminated, the City shall only pay SWA for services actually performed by SWA up to the date SWA is deemed to have received notice of termination as provided herein. B. Termination and Remedies. In the event SWA 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. L1:ii(�1�*l9■�[�I�II�1N}A1:7�iTi7�l 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. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. SWA is a Partnership duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite Partnership action on the part of SWA. This Agreement constitutes legal, valid, and binding obligations of the SWA and is enforceable in accordance with the terms thereof. C. Professional. SWA 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. D. Performance. SWA 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 A/E services, as contemplated hereby. E. Use of Copyrighted Material. SWA warrants that any materials provided by SWA for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party Page 2 of 8 SWA Agreement 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. SWA shall be solely responsible for ensuring that any materials provided by SWA pursuant to this Agreement satisfy this requirement and SWA 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 SWA's failure to perform this duty. F. SWA warrants that it shall perform the Project in accordance with the standards of care and diligence normally practiced by recognized A/E firms in performing services of a similar nature. If, during the six month period following the earlier of completion or termination of the Project it is shown there is an error in the Project caused solely by SWA's failure to meet such standards, and City has promptly notified SWA in writing of any such error within that period, SWA shall perform, at SWA's cost, such corrective A/E services within the original Scope of Services as may be necessary to remedy such error. ARTICLE VI. SCOPE OF WORK SWA shall accomplish the following: Professional A/E Services related to the renovations to the Maggie Trejo Super Center project, as defined in Exhibit "A". ARTICLE VII. INDEPENDENT CONSULTANT STATUS SWA and City agree that SWA shall perform the duties under this Agreement as an independent consultant and shall be considered as independent consultant under this Agreement and/or in its activities hereunder for all purposes. SWA has the sole discretion to determine the manner in which the services are to be performed. During the performance of the Project under this Agreement, SWA and SWA's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE SWA 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 as described in Exhibit B. SWA shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub -consultant of SWA 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. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Page 3 of 8 SWA Agreement 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 SWA shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for SWA, protecting City against direct losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be named as additional insured with respect to the 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. SWA 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. SWA shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, SWA 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 SWA maintains said coverage. SWA 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, SWA fails to maintain the required insurance in full force and effect, SWA shall be in breach hereof and all work under the Agreement shall be discontinued immediately. ARTICLE IX. EMPLOYMENT OF AGENTS/ RETAINING OF CONSULTANTS SWA may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant% to perform certain duties of SWA provided that City approves the retaining of Sub -consultants. SWA is at all times responsible to City to perform the Project as provided in this Agreement and SWA is in no event relieved of any obligation under this Contract upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by SWA shall be required to carry, for the protection and benefit of the City and SWA and naming said third parties as additional insureds, insurance as described above in this Agreement. ARTICLE X. CONFIDENTIALITY SWA 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. Page 4 of 6 SWA Agreement ARTICLE XI. INDEMNITY SWA SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF SWA, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OF OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OF TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS SWA 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 SWA to City or City to SWA is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. SWA 's Address. SWA 's address and numbers for the purposes of notice are: Stiles, Wallace & Associates Attn: M. Edward Stiles, AIA 1615 Avenue M Lubbock, TX 79401 Telephone: (806) 795-6431 Facsimile: (806) 747-8416 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Wesley D. Everett — Director Facilities Management P. O. Box 2000 1625 13th Street Lubbock, TX 79457 Telephone: (806) 775 — 2275 Facsimile: n/a Page 5 of 8 SWA Agreement 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 SWA any available data in the possession of the City pertinent to SWA's Services, so long as City is entitled to rely on such data for the performance of SWA's Services under this Agreement (the "Provided Data"). SWA shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. SWA shall provide access to its books and records to the City. The City may audit, at its expense and during normal business hours, SWA's books and records with respect to this Agreement between SWA and City. C. Records. SWA shall maintain records that are necessary to substantiate the services provided by SWA. D. Assignability. SWA 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 SWA, and in the case of City, its respective successors, legal representatives, and assigns, and in the case of SWA, 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 SWA and City. Page 6 of 8 SWA Agreement I. Entire Agreement. This Contract, including Exhibits "A" and "B", attached hereto, contains the entire Agreement between the City and SWA, 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 SWA and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by SWA as part of the Project hereunder, shall become the property of the City when SWA has been compensated as set forth in Article II, above. SWA shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either City or SWA 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 SWA. N. Extent of Responsibility. SWA does not guarantee that proposals, bids or actual project costs will not vary from SWA's opinions of probable cost or that actual schedules will not vary from SWA's projected schedules. SWA 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, subcontractor, vendor, or other Project participant, not under contract to SWA, to fulfill contractual responsibilities to the Client 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 SWA in Exhibit A, Scope of Services. 0. Unforeseen Circumstances. Except for Client'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. Architect shall be entitled to an equitable adjustment in schedule and compensation in the event such circumstances occur. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK GL'y%"O/YiDrK SON, MAYOR ATTEST: ebca Garza, a, City Secretary ed Page 7 of 8 SWA Agreement APPROVED AS TO CONTENT: Wesley D. Everett STILE WALLACE & ASSOCIATES By: Na e: M. Edward Stiles, AIA le: Partner Page 8 of 8 SWA Agreement EXHIBIT A STILES, WALLACE & ASSOCIATES Architects • Planners • Interior Design 1615 Avenue M • Lubbock, Texas 79401 November 24, 2014 Mr. George Lisenbe City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Re: Renovations to the Maggie Trejo Super Center 3200 Amherst Street, Lubbock, Texas 79415 Dear Mr. Lisenbe: Having discussed the project with you in person and having reviewed the City of Lubbock Facility Condition Assessment Study furnished by your office, Stiles, Wallace & Associates propose to furnish basic architectural and engineering services for the above referenced project as follows: Construction Document Phase: A fixed fee in the amount of Fifty -Three Thousand Two Hundred Ninety and No/100 Dollars ($53,290.00). Our services for the Construction Document Phase would include the following: 1. All meetings (programming, design reviews, etc.). 2. All travel, telephone, postage and other normal miscellaneous business expenses. 3. All field measurements, survey work and site inspections. 4. All necessary structural, mechanical, plumbing and electrical engineering. 5. A complete set of construction documents (plans and specifications). 6. All electronic files and other documents as required by the City of Lubbock. Bidding and Construction Administration Phase: A fixed fee in the amount of Seventeen Thousand Seven Hundred Sixty -Three and No/100 Dollars ($17,763.00). Our services for the Bidding and Construction Document Phase would include the following: 1. All meetings (pre-bid, pre -construction, etc.). 2. All travel, telephone, postage and other normal miscellaneous business expenses. 3. All necessary structural, mechanical, plumbing and electrical engineering. 4. Observation of all concrete pours and underground testing. 5. Construction administration (review of pay applications, shop drawings, submittals, field testing, periodic site inspections, field changes, punch lists, etc.). 6. Processing of close out documents including as -built drawings and electronic files. 7. Cost of TDLR/ADA review fees and site inspections. Page 1 of 2 Voice: 306. 79c_6431 • Fa, Sor ,4- 8416 • EIII AII s w a n e 1 1111'a 1 u h h o c k.enm • We1, 9u' a l u b h o c k. unn STILES, WALLACE & ASSOCIATES Architects • Planners • Interior Design 1615 Avenue M • Lubbock, Texas 79401 The total fee is based on the recommended renovations set forth in the City of Lubbock Facility Condition Assessment Study dated December 12, 2012 for the 16,319 square foot facilities constructed in 1966 and connected to form the Super Center in 1997. The probable cost of construction stated in the Study (adjusted for normal inflation and other escalation factors) is $886,500.00. Please be aware that the probable cost does not include the cost for asbestos abatement, asbestos monitoring, interior furnishings or other miscellaneous sundry items. If the project is increased in size or if additional items are added to the project, which increase the overall cost of the project more than three percent (3%), the architectural and engineering fees shall be increased accordingly. Said fees shall be increased based on 8.2 per cent of the total cost of construction. Please be advised that for neither phase of the project will our services include the following 1. Detailed boundary and topographical site survey. 2. Soil analysis, test borings, density testing and concrete testing. 3. Any survey, design or monitoring of asbestos abatement or lead base paint removal. 4. Full time on site supervision. 5. Cost of any environmental studies or reports. 6. Cost of legal notices. 7. Cost for reproduction of contract documents. As always, we certainly appreciate the opportunity to work for you and the City of Lubbock. Please advise if you have any questions or require additional information concerning this proposal. Sincerely, STILES, WALLACE & ASSOCIATES H. eilwwu( 9j" M. Edward Stiles, AIA Page 2 of 2 l'o is c: s0r,. vq i .h+;l • Fa, " ., EXHIBIT B ACOROe CERTIFICATE OF LIABILITY INSURANCE 1/6/2015 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. eA WI IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policylles) 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 endorsament(s). Lubbock, TX 79457 PRODUCER J. E. MURFEE & SON INSURANCE 1310 Texas Ave Lubbock TX, 79401 LIMITS CONTACT NAME X coM secua. GENEN•1. L494nY ClA1MS-MADE a OCCUR PHONE (806) 763-5311 FAX acN :(806) 763-0863 P&P ADORERS: ereunNge) KFOMorO e0YM1AGE NNCe INSURER A: Travelers Indemnity Co. of COOO6ctiaat 25682 INSURED Stiles, Wallace & Associates 1615 Avenue M Lubbock, TX 79401 GENL AGGREGATE LIMIT APPLIES PER: POLICYO JE"COT. I X I LOC OTHER: INSURER B: Travelers Prop. Cas. Co. of Amer ca 25674 ... .Travelers Cas. Ins. Co. of America 19046 Travelers Cas. & surety Co. Of Amer cie INSURER D: 31194 INSURER E: INSURER F: 12/21/2014 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. RADM IM TYPE OF INSURANCE P.O. eA WI POLICY NUMBERMMILDONYYY Lubbock, TX 79457 MMAD LIMITS A X coM secua. GENEN•1. L494nY ClA1MS-MADE a OCCUR PACP9D619366TCT1412/21/2014 12/21/2015 EACH OCCURRENCE S 1,000,000 PREMISES Es otturtenee1 S 300,000 MED EXP (Any one Person) 5 5,000 PERSONAL& AOV INJURY S 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICYO JE"COT. I X I LOC OTHER: GENERAL AGGREGATE s 2,000,000 PRODUCTS - OOMPA)P AGO s 2,000,000 S B AUTOMOBILE X LIABILITY ANYAUTO AUT0.R WNED SCHEDULED AUTOS HIRED AUTOS X AUTS NN -OWNED BA9D 62151014GRP 12/21/2014 12/21/2015 Ea amaem S 11000,000 BODILY INJURY(Per pencr) S BODILY INJURY (Per acadent) S Peracodent S S UMBRELLA LIAROCCUR EXCESS LMAB CLAIMS -MADE EACH OCCURRENCE S AGGREGATE S DED RETENTIONS S C WORKERS COMPENSATIONPER AND EMPLOYERS LIABILITY Yrx oOFFl PGFRME S A ItxCLUDEOr o'rrue a Ilan "In N4 x s.desaibeunder DESCRIPTION OF OPERATIONS bele x,• XSUB9192T30A14 12/21/2014 12/21/2016 OT'7' X STATUTE ER E.L.EACMACCIDENT 5 1, 000 000 El.DISEASE- EAEMPLOYE S 1,000,000 E.L. DISEASE -POLICY LIMIT S 1,000,000 D Professional Liability 105378667 12/24/2014 12/24/2015 $1,000,000 Per Occurrence $2,000,000 A re ate DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD101.AftWal Remadss edWe.treybealtacbeditnitrespaceisr"ueed) Project: Maggie Trejo Super Center. See attached. CERTIFICATE HOLDER CANCELLATION City Attn: Of Lubbock George Lisenbe 9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 2000 Lubbock, TX 79457 AUTHORIZED REPRESENTAT Ne Jawet 0198&2014 ACORD CORPORATION. All rights reserved. ACORD25(2014101) The ACORO name and logo are registered marks of ACORD AC.4oRb® AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 ADENCY S.E. MURFEE & SON INSURANCE NAYEDJNSURED Stiles, Wallace & Associates 1615 Avenue M TX 9901 Lubbock 7 "LILY NUMBER See attached caRRiER See attached NA[C COLE EFFECTIVE DATE: See attached THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM. FORM NUMBER: FORM TITLE: Certificate of Liability Insurance The General Liability and Auto policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability, Auto and Workers' Compensation policies include a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. The General Liability contains a special endorsement with "Primary and Noncontributory" wording. ACORD 101 The ACORD name and logo are regslered marks of ACORD reserved. J. E. MURFEE & BON Serving West Texas Since 1904 1310 TEXAS AVENUE LUBBOCK, TEXAS 79401 PHONE(806)763.5311 GENERALINSURANCE REALESTATE FAX(806)763-0863 ****IMPORTANT INFORMATION EFFECTIVE JANUARY 1, 2012 REGARDING CERTIFICATES OF INSURANCE**** To Certificate Holder. Our agency has issued the enclosed Certificate of Insurance on behalf of our customer named as the insured in the certificate. The Texas Legislature passed and Governor Perry signed Senate Bill 425 to become effective January 1, 2012. This law will require Certificate of Insurance forms to be filed with and approved by the Texas Department of Insurance before they can be used after January 1, 2012. In addition the law explains current Texas Department of Insurance rules that a Certificate of Insurance must not obscure or misinterpret the coverage provided by the insurance policies Definition of "Certificate" includes checklists, affirmations and electronic forms. An insurance agency could incur significant penalties under those rules and the new law, including the revocation of the agency's insurance license, if a certificate were issued exactly as you requested. After January 1, 2012, a certificate holder who requires an agent or policyholder to use an unapproved form or insert inappropriate language on a certificate may be sued by the Attorney General for injunctive relief or to recover a civil penalty of up to $1,000 for each such requirement. For this reason, after January 1, 2012, we may not be able to comply with some of the items requested. If you want to review the insurance policies to verify compliance with your specific requirements, we would be happy to send a complete copy, subject to our customer's approval. A certificate form must be approved by the Texas Department of Insurance before it can be used after January 1, 2012. For more information on the approval process, contact the Commercial P&C Division, Texas Department of Insurance, P.O. Box 149104, Austin, TX 78714 or email Commercial PC@tdi.state.tx.us. Please contact us if you have any questions or comments.