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HomeMy WebLinkAboutResolution - 2009-R0001 - Agreement - Carollo Engineers PC - 01_08_2009Ii Resolution No. 2009-Ro001 January 8, 2009 Item Na. 5.3 RESOLUTION �E 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 by and between the City of Lubbock and Carollo Engineers, P.C. and all elated 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 Council. xecuted by the City Council this 8th day of January 2009. TOM MARTIN, MAYOR (ATTEST: ebe ca Garza, City Secretary Vr.D AS TO CONTENT: om Adams, �eputyXity Manager brey A. SpK, Director of ater Utilities APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney c:ProfessionalSmicesAgreement-Carollo Engineers Resolution No. 2009—R0001 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK This contract, (the "Contract" or "Agreement"), effective as of the 8th day of January , 200 9 , (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a Texas home rule municipal corporation, and Carollo Engineers, P.C., ("ENGINEER") an Arizona professional corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, the City desires to obtain professional engineering services related to the study and design of solids streams for wastewater treatment plans (the "Activities"); and WHEREAS, ENGINEER has a professional staff experienced and is qualified to provide professional engineering services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by City and Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with ENGINEER to provide professional engineering services related to the Activities and Engineer desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the City and ENGINEER hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of one (1) year, as set forth in Exhibit "A", "Task Order No 1", attached to and made a part of this Agreement for all purposes. The term may be extended by subsequent amendments of this Agreement, with the written and authorized consent of both parties. Carollo Professional Agreement Page I of 25 ARTICLE 11. SERVICES AND COMPENSATION A. Engineer shall conduct all activities and within such time frames as set forth on Exhibit "A", "Task Order No. 1 ", attached hereto (the "Services"). B. ENGINEER shall receive as consideration for the performance of the Services (i) the lump sum amount of $478,520 for all services set forth in Task 1 through 15, inclusive, expressly excepting Task 5; and (ii) on a time and materials basis, as provided in Exhibit "A" and Exhibit `B", attached hereto, for Task 5, subconsultant fees and other direct costs not to exceed, in any circumstance, the sum of $156,690. Payment shall be made in monthly installments as the Services are performed commencing with the Effective Date of this Agreement. C. The City may authorize Additional Services, as defined in Exhibit "A", "Task Order No. I", "Budget", not to exceed, in any circumstances, $50,000.00. The City Council of the City hereby delegates the authority to authorize the Additional Services to the Director of Water Utilities, or his designee. ARTICLE III. TERMINATION A. General. City may terminate this Contract, for any reason or convenience, upon thirty (30) days written notice to ENGINEER. In the event this Agreement is so terminated, the City shall only pay Engineer for services actually performed by Engineer up to the date Engineer is deemed to have received notice of termination as provided herein. B. Termination and Remedies. In the event ENGINEER breaches any term and/or provision of this Contract the City shall be entitled to exercise any right or remedy available to it by this Contract, at law or equity, including without limitation, termination of this Contract and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. ARTICLE IV. REPRESENTATIONS AND WARRANTIES A. Existence. ENGINEER is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. ENGINEER has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of ENGINEER. This Contract constitutes legal, valid, and Carollo Professional Agreement Page 2 of 25 binding obligations of the ENGINEER and is enforceable in accordance with the terms thereof. D. Engineer. ENGINEER maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. ENGINEER will and shall conduct all activities contemplated by this Contract in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional engineering services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional engineering services, as contemplated hereby. F. Use of Copyrighted Material. ENGINEER warrants that any materials provided by ENGINEER for use by City pursuant to this Contract shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation or ordinance relating to the use or reproduction of materials. ENGINEER shall be solely responsible for ensuring that any materials provided by ENGINEER pursuant to this Contract satisfy this requirement and ENGINEER agrees to indemnify and hold City harmless from all liability or loss caused to City or by to which City is exposed on account of ENGINEER's failure to perform this duty. ARTICLE V. SCOPE OF WORK ENGINEER shall accomplish the following: Professional Engineering Services related to study, design construction and/or rehabilitation for the Solids Streams for the Southeast Water Reclamation Plant, as defined in Article II, "Services and Compensation". ARTICLE VI. INDEPENDENT CONTRACTOR STATUS ENGINEER and City agree that ENGINEER shall perform the duties under this Contract as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. ENGINEER has the sole discretion to determine the manner in which the services are to be performed. During the performance of the Services under this Agreement, Engineer and Engineer's employees and/or subconsultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. Carollo Professional Agreement Page 3 of 25 ARTICLE VII. INSURANCE Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or subconsultant of Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: Professional Liability: Combined Single Limit: Automobile Liability: Combined Single Limit for any auto: $1,000,000 $1,000,000 S 500,000 Per Occurrence Engineer shall further cause any approved subcontractor or subconsultant to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for Engineer, protecting City against direct losses caused by the professional negligence of the approved subcontractor or subconsultant. The City shall be listed as a primary additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may Carollo Professional Agreement Page 4 of 25 maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. If at any time during the life of the Agreement or any extension hereof, Engineer fails to maintain the required insurance in full force and effect, Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. ARTICLE VIIL EMPLOYMENT OF AGENTSIRETAINING OF CONSULTANTS ENGINEER may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Subconsultant"), to perform certain duties of ENGINEER under this Contract provided that City approves the retaining of Subconsultants. ENGINEER is at all times responsible to City to perform the Services as provided in this Agreement and ENGINEER is in no event relieved of any obligation under this Contract upon retainage of any approved Subconsultant. Any agent and/or Subconsultant retained and/or employed by ENGINEER shall be required to carry, for the protection and benefit of the City and ENGINEER and naming said third parties as additional insureds, insurance as described above in this Contract. The City, by its execution of this Agreement, approves the Subconsultants specifically described in Task 15.2, Paragraphs 1-5, inclusive. ARTICLE IX. CONFIDENTIALITY ENGINEER shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE X. INDEMNITY ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUB CONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OF OCCUPATION OF CITY OWNED PROPERTY. THE Carollo Professional Agreement Page 5 of 25 INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OF TERMINATION OF THIS AGREEMENT. ARTICLE XI. COMPLIANCE WITH APPLICABLE LAWS ENGINEER shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE XII. NOTICE A. General. Whenever notice from ENGINEER to City or City to ENGINEER is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. ENGINEER 's Address. ENGINEER 's address and numbers for the purposes of notice are: Carollo Engineers, P.C. Attn: Mary Clyburn 14785 Preston Road, Ste 950 Dallas, TX 75254 Telephone: (972) 239-9949 Facsimile: (972) 239-9117 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Soo Koon Soon P. 0. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775 - 2344 Facsimile: (806) 775 - 3341 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. Carollo Professional Agreement Page 6 of 25 ARTICLE XIII. CITY -PROVIDED DATA City shall furnish ENGINEER non -confidential studies, reports and other data in the possession of the City pertinent to ENGINEER's Services, so long as City is entitled to rely on such studies, reports and other data for the performance of ENGINEER's Services under this Contract (the "Provided Data"). ENGINEER shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XIV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. ENGINEER shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, ENGINEER's books and records with respect to this Contract between ENGINEER and City. C. Records. ENGINEER shall maintain records that are necessary to substantiate the services provided by ENGINEER. D. Assignability. ENGINEER may not assign this Contract without the prior written approval of the City. E. Successor and Assigns. This Contract binds and inures to the benefit of the City and ENGINEER, and in the case of City, its respective successors, legal representatives, and assigns, and in the case of ENGINEER, its permitted successors and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS CONTRACT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, Carollo Professional Agreement Page 7 of 25 dated subsequent to this Contract, and duly authorized and executed by ENGINEER and City. 1. Entire Agreement. This Contract, including Exhibits "A" and `B", attached hereto, contains the entire Contract between the City and ENGINEER, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between ENGINEER and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by ENGINEER as part of the Services hereunder, shall become the property of the City when ENGINEER has been compensated as set forth in Article II, above. The ENGINEER shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either City or ENGINEER of a breach of this Agreement must be in writing to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and ENGINEER. EXECUTED as of the Effective Date hereof. ATTEST: CITY OF LUBBOCK Tom Martin, Mayor Reb cca Garza, City Secretar APPROVED-4.S T.UXONTENT: Deputy City Manager Carollo Professional Agreement Page 8 of 25 Aubrey A. ear, Direc r of Water Utilities APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney CAROLLO ENGINEERS, P.C. N T attune: �hn C�1�� Ti,*' F -hn per Carollo Professional Agreement Page 9 of 25 Resolution No. 2009—R0001 EXHIBIT "A" TASK ORDER NO 1 SOLIDS STREAM STUDIES OF THE SOUTHEAST WATER RECLAMATION PLANT BACKGROUND The City of Lubbock ("CITY") has approved the study, design, and construction of the first two phases of the Southeast Water Reclamation Plant Improvements (Influent Lift Station and Plant 4 Improvements). The third phase is the study, design, construction, and/or rehabilitation of the Solids Stream for the Southeast Water Reclamation Plant (SEWRP). Carollo Engineers, P.C. (ENGINEER) will provide professional engineering services to complete the Solids Stream Studies (Studies), as defined in this Task Order No. 1. The Studies will provide a comprehensive review of the solids streams at the SEWRP and will identify methods to renovate existing facilities, improve operation, reduce odors, develop alternate disposal methods, and reduce the volume of solids disposed of to the landfill. Design services, construction phase services, and other professional services not described herein are not covered in this Task Order No. 1 and may be covered, if agreed to by the CITY and ENGINEER, by future Task Orders added by amendment to this Agreement. PURPOSE The purpose of this Task Order No. 1 is to identify the Scope of Work, the Budget, and the Time of Performance to complete the SEWRP Solids Stream Studies. SCOPE OF WORK The following Scope of Work presents the tasks that will be performed to complete the Studies. TASK 1.0 DEVELOP SOLIDS STREAM STUDIES GOALS AND OBJECTIVES The goals and objectives of the solids stream study will be developed mutually by the ENGINEER and the CITY in the project kickoff meeting. ENGINEER will conduct a project kickoff meeting with CITY staff to identify goals and objectives of the Studies. The Kickoff Meeting will be a working meeting to gather information and to develop and define the CITY's goals and objectives for the biosolids program. The kickoff meeting will also: 1. Communicate the scope of work. 2. Review project staffing, organization, and lines of communication. Carollo Professional Agreement Page 10 of 25 3. Present ENGINEER's work plan and schedule. TASK 2.0 DEVELOP BACKGROUND INFORMATION AND PLANNING CRITERIA ENGINEER will review existing information and data for the existing facilities and operating conditions. This analysis will include a general review of the treatment facilities, current biosolids processing and disposal operations, and pertinent regulations. ENGINEER and CITY will obtain input from CITY's Solid Waste Department relating to long term goals and objectives, relating to landfill disposal and other disposal options. The current cost structure for biosolids management will be summarized. 2.1 Gather and Review Existing Information ENGINEER will meet with CITY staff to facilitate the collection of relevant plant operating data and documentation from the SEWRP and existing biosolids management programs. ENGINEER will request the following items: 1. Non -confidential previous engineering reports, to the extent ENGINEER is entitled to rely on such reports 2. SEWRP operating data 3. Projections of flows and loads 4. Non- confidential design criteria used in the Influent Pump Station Phase and the Plant 4 Improvements Phase of the SEW" Improvements, to the extent ENGINEER is entitled to rely on such reports 5. Operations Manual 6. Other pertinent non -confidential information, to the extent ENGINEER is entitled to rely on such reports ENGINEER will review existing data. ENGINEER will review current sampling and metering locations and frequency and make recommendations for additional short- and long- term sampling. 2.2 Prepare Mass Balance ENGINEER will complete a mass balance for the SEWRP. The results of the mass balance will be a summary of the existing and future SEWRP Solids Streams, which will form the basis of the Studies. Results of the mass balance will be compared to design criteria used for Phases 1 and 2 and recommended criteria from the CITY's 2008 SEWRP Digester Evaluation. Discrepancies will be identified, and the impact on facilities sizing will be Carollo Professional Agreement Page I 1 of 25 reviewed. Existing and future flows and loads to the SEWRP and into and out of each of the unit processes to be used for planning purposes will be tabulated and reviewed with CITY staff. CITY comments will be incorporated as appropriate. 2.3 Document Existing Facilities Engineer will complete a site visit to inspect the existing SEWRP, including dewatering, digestion, thickening, and odor control facilities. The site visit will also document existing corrosion. ENGINEER will document condition of existing facilities, including ability to provide capacity needs, expected remaining useful life, and compliance with current codes. 2.4 Coordination With On -Going Projects ENGINEER will incorporate planned facilities for Phase One and Phase Two projects into the Studies. CITY will facilitate meetings with ENGINEER and responsible parties to coordinate activities and support SEWRP needs. 2.5 Identify Existing and Projected Regulations ENGINEER will review current federal, state and local legislative and regulatory requirements. There will also be a discussion of the current regional and national trends and drivers leading to potential regulatory changes that may impact the CITY's Biosolids Management Program. 2.5.1 Land Use ENGINEER will investigate current land use and projected regional land use changes, agricultural impacts due to suburban development, and how these may drive the selection of biosolids management alternatives. Conclusions from the City of Lubbock Bio-Solids Composting Site Evaluation will be reviewed and updated. 2.5.2 Biosolids Disposal Regulations that may impact the selection of and/or screening of alternatives will be identified and summarized. 2.5.3 Air Permitting and Odor Considerations Local, state, and federal air quality regulations will be reviewed to identify those that may impact the selection of and/or screening of biosolids management alternatives. Regulations relating to SEWRP odor control facilities will also be summarized. Carollo Professional Agreement Page 12 of 25 2.5.4 Codes and Regulations Current and projected codes and regulations will be summarized, including new TCEQ 217 regulations, National Fire Protection Association (NFPA) 820, Uniform Fire Code and others, to identify their impact on the SEWRP Solids Streams facilities. TASK 3.0 IDENTIFY AND SCREEN BIOSOLIDS MANAGEMENT ALTERNATIVES This task will identify a range of Biosolids Management Alternatives for biosolids use/disposal, based on the Goals and Objectives identified in Task 1. Preliminary screening criteria (both economic and non -economic) will be identified to a level that allows the CITY to select up to six feasible alternatives for further development. Include alternatives considered in previous engineering studies prepared for the CITY. 3.1 Prepare Request for Statements of Interest ENGINEER will prepare a Request for Statements of Interest to be mailed to private parties who may have an interest in providing biosolids management for the CITY or taking processed biosolids. Request for Statements of Interest will be advertised in the local newspaper and will be mailed to industries within a 100-mile radius of the CITY. Responses will be reviewed, summarized, and included in the alternatives to be evaluated. DRAFT Request for Statements of Interest will be submitted to CITY for review and comments. CITY comments will be incorporated as appropriate before final Request for Statements of Interest is mailed and published. 3.2 Identify Alternatives ENGINEER will identify a range of' biosolids management alternatives. This effort is intended to identify a large number of alternatives that may be feasible. Identified alternatives will include summary of responses to Task 3.1. ENGINEER will include information from previous studies such as the CITY's 2004 Bio-solids Composting Site E, valuation. 3.3 Screening of Alternatives ENGINEER will prepare technical information and recommendations on the alternatives that are identified in Task 3.2. CITY policies on diversification, greenhouse gas reduction, beneficial use, energy production, and other issues that may impact the cost of the selected project elements will be discussed. Added costs that can be attributed to these policies will be identified. The results of this screening will be presented before and during workshop No. 3 to allow the CITY to investigate the following: 1. Review available options for biosolids use/disposal. Carollo Professional Agreement Page 13 of 25 2. Eliminate nonviable options for reuse/disposal. 3. Identify treatment systems that are needed to implement viable options. 4. Narrow the treatment systems to those most aligned with CITY's goals. The outcome of this task will be to reduce the scope of evaluation to a maximum of six short-term and/or long-term viable alternatives to be carried forward to the detailed evaluation process. TASK 4.0 RANK BIOSOLIDS MANAGEMENT ALTERNATIVES The six biosolids management alternatives identified and selected as part of Task 3 will be further developed and prioritized to select up to three biosolids management options that will be suitable for implementation. A primary goal will be that the three selected options will each be capable of handling at least 50 percent of the biosolids produced at the SE)AW. ENGINEER will use a Biosolids Cost Model {BCM} to develop capital as well as operation and maintenance costs for each of the six selected alternatives. The BCM will be used to prepare a sensitivity analysis based on adjusting unit costs, staffing assumptions, and fuel and electric costs. ENGINEER will prepare a criteria spreadsheet, input the criteria and weighting factors and provide a first cut at ratings for the alternatives and criteria. Alternatives will be valuated with respect to criteria such as; life -cycle cost, ability to implement, level of treatment, reliability, operational flexibility, longevity regulatory compliance, green house gas emissions and regional preferences. The outcome of the modeling effort will identify three biosolids management options for implementation. TASK 5.0 SITE VISITS ENGINEER will identify other facilities using similar management practices and arrange for up to three site visits with CITY staff. Travel costs for Carollo technical lead are included in the budget and will be billed on a time and materials basis. TASK 6.0 DEVELOP SELECTED BIOSOLIDS MANAGEMENT ALTERNATIVES ENGINEER will prepare a detailed implementation plan for the three selected biosolids management alternatives. ENGINEER will also consider future cost trends in the evaluation in a sensitivity analysis for the alternatives. ENGINEER will identify cost, regulations, or other triggers that could impact future biosolids disposal. Carollo Professional Agreement Page 14 of 25 TASK 7.0 DEVELOP THICKENING, DEWATERING, DIGESTION AND RECYCLE STREAM IMPROVEMENTS ENGINEER will review the existing thickening. digestion, and dewatering facilities. ENGINEER will evaluate the condition of the existing equipment and develop the necessary improvements. ENGINEER will evaluate the costs to rehabilitate or replace the current equipment. 7.1 Thickening Improvements ENGINEER will review the CITY"s 2008 SEWRP Digester Evaluation prepared by others. ENGINEER will review the condition of the existing primary sludge pumping system and the need for primary sludge thickening facilities. ENGINEER will prepare a detailed evaluation of the existing waste activated sludge (WAS) thickening facilities at the SEWRP and assess their ability to meet future WAS thickening needs. ENGINEER will identify and evaluate improvement alternatives including: 1. Continued primary sludge thickening in the primary clarifier. 2. Upgrades or replacement of existing gravity belt thickeners. 3. Rotating drum thickener. 4. Centrifuge thickeners. 5. Gravity thickeners. 6. Dissolved air flotation thickening. Thickening support facilities including chemical systems, ventilation, odor control, corrosion control, and appurtenances will be identified. Recommended improvements will be compared to the recommendations of the CITY's 2008 SEWRP Digester Evaluation. 7.2 Dewatering Improvements ENGINEER will review the existing dewatering facilities and evaluate the condition of the existing equipment, including ability to meet current and future needs. ENGINEER will develop alternatives to meet existing and future capacity needs. Alternatives will include the following: 1. Continued use of existing Belt Filter Presses with rehabilitation as needed. 2. New Belt Filter Presses. 3. New Centrifuge Dewatering Units. Carollo Professional Agreement Page 15 of 25 4. New Screw Press Dewatering Units. Dewatering support facilities including chemical systems, ventilation, odor control, corrosion control, and appurtenances will be identified. 7.3 Anaerobic Digestion Facilities Evaluation ENGINEER will review the CITY's 2008 SEWRP Digester Evaluation prepared by others. Recommendations and costs will be reviewed for consistency with data developed as part of Task 2 and for consistency with selected biosolids management alternatives. An evaluation of the anaerobic digesters and ancillary systems at the SEWRP will be made. ENGINEER will assess the condition of the existing anaerobic digesters, the digester mixing systems, digester heating, recirculation, and gas handling systems. ENGINEER will identify improvement alternatives to the existing facilities. 7.4 Recycle Stream Treatment Alternatives Based on the selected solids treatment and processing alternatives. ENGINEER will estimate the recycle stream flows and loads. ENGINEER will identify treatment alternatives for these high -strength streams. including using the existing Bio Towers. Facilities needed to manage the recycle streams will be developed, including pumping, piping, blending tanks and other appurtenances. TASK 8.0 DIGESTER GAS EVALUATION ENGINEER will estimate quantity and quality of digester gas production based on current and future flows. Existing uses will be identified and evaluated based on ability to meet current and projected needs. Alternative uses will be identified. ENGINEER will consider the value of the biogas produced from the anaerobic digesters and the potential to reuse this gas in a beneficial form either for energy for biosolids processing or as fuel for power generation. ENGINEER will prepare an energy balance for the SEWRP (thermal and electrical energy requirements) including the energy needs of the identified biosolids management alternatives. ENGINEER will coordinate with the City of Lubbock Power and Light (LP&L) for the use of green energy and potential for cogeneration and distribution of green energy to the electrical grid. ENGINEER will identify carbon emissions from the solids handling processes and identify alternatives that reduce carbon emissions and potential for carbon -offset revenue from this project. Carollo Professional Agreement Page 16 of 25 ENGINEER will recommend Facilities Improvements for Digester Gas Use and will compare recommendations to those identified in the 2008 SEWRP Digester Evaluation. TASK 9.0 ODOR CONTROL ENGINEER will review the existing odor control facilities related to thickening, dewatering and biosolids management. Engineer will review odor control reports prepared by others. ENGINEER will evaluate odor and corrosion control to reduce, contain, and treat odors generated in the solids handling building. ENGINEER will identify short-term and long- term solutions for odor control related to thickening, dewatering, and biosolids management at SEWRP. TASK 10.0 SUPPORT FACILITIES ENGINEER will identify the support facilities for the selected Solids Streams Improvements. Electrical facilities, natural gas, potable water, reuse water needs, operating facilities and other appurtenances will be identified. TASK 11.0 IMPLEMENTATION PLAN Under this task, ENGINEER will further develop design criteria, site plans, costs, schedules, and layouts for the selected improvements. Design criteria will be presented in tabular form. The site plan will be a planning level site plan to show the general size, orientation and location of the proposed facilities in relation to existing facilities. The cost estimate will be a preliminary level cost estimate, based on ENGINEER's experience and judgment. ENGINEER has no control over actual pricing, cost of labor, materials, equipment, services furnished by others or actual market condition or bidding strategies used by others. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs for the final facilities will not vary from cost estimates prepared by the ENGINEER at this point in the project. TASK 12.0 PREPARE DRAFT SOLIDS STREAM STUDIES PROJECT REPORT ENGINEER will prepare a Draft Report to summarize and document the results of Tasks 1 through 11. The Draft Report will be a compilation of technical memoranda (TM). The TM content will be presented to the City in a series of Workshops. The purpose of the Workshops will be to review the information that will be presented in the draft TMs, the conclusions, and the recommendations. The outcome of the workshops will be to capture comments from the City Staff in the Draft TMs to allow the incorporation of comments and the production of the Draft Report. Draft TMs will be submitted to the City, following each workshop that covers the TM topic, so that CITY staff will have seen the draft TM before the Draft Report is submitted. Carolio Professional Agreement Page 17 of 25 12.1 Technical Memorandum No. 1 - Background, Baseline Biosolids Management Practices and Project Goals This TM will present the background for the Studies and will document the existing Biosolids disposal conditions, with a brief summary of Biosolids disposal history. The TM will summarize the goals and objectives of the project. 12.2 Technical Memorandum No. 2 - Background and Planning Criteria This TM will define the existing facilities and operating conditions. This TM will include a general review of the treatment facilities and current Biosolids disposal operations and will present the planning criteria for the SEWRP Solids Handling Facilities and compare this information to the criteria used in Phases 1 and 2 and recommended in the CITY's 2008 SEWRP Digester Evaluation. Sections of this TM will include the following: 1. Description of existing facilities. 2. Tabulation of current and projected flows and loads for each unit process from the mass balance. 3. Existing and projected regulations. 12.3 Technical Memorandum No. 3 - Identify and Screen Reuse and Disposal Alternatives This TM will identify the range of alternatives and the screening process used to arrive at the six alternatives for consideration by the City, based on technical feasibility, market potential, and future conditions and constraints. This TM will also summarize the results of the RFSI in Task 3.1. 12.4 Technical Memorandum No 4 - Rank Biosolids Management Alternatives This TM will present the results of the Biosolids cost model and will present the ranking of the six alternatives. The ranking will consider criteria such as: ability to implement, level of treatment, reliability, operational flexibility, longevity regulatory compliance, and political acceptance. A maximum of six alternatives will be recommended for detailed evaluation. ENGINEER will summarize the potential for digester gas utilization and identify any impacts to existing or potential air quality permits. Carollo Professional Agreement Page 19 of 25 12.5 Technical Memorandum No 5 - Develop Selected Biosolids Management Alternatives Based on the evaluation of the reuse and disposal alternatives and solids treatment and processing alternatives, ENGINEER will present three biosolids management alternatives for implementation. 12.6 Technical Memorandum No. 6 - Thickening Improvements This TM will summarize the results of Task 7.1 and will develop recommendations for thickening improvements based on the recommended reuse and disposal alternatives. 12.7 Technical Memorandum No. 7 - Dewatering Improvements This TM will summarize the results of 'task 7.2 and will develop recommendations for dewatering improvements based on the recommended reuse and disposal alternatives. 12.8 Technical Memorandum No. 8 - Digestion Improvements This TM will summarize the results of Task 7.3 and will develop recommendations for digestion improvements based on the recommended reuse and disposal alternatives. 12.9 Technical Memorandum No 9 - Recycle Stream Treatment Alternatives Based on the recommended thickening, digestion, and dewatering improvements, this TM will document the facilities needed for sidestream treatment within the plant site. Sidestream treatment alternatives will be generally summarized for consideration, including process descriptions and planning level facility requirements. 12.10 Technical Memorandum No 10 - Digester Gas Utilization This TM will summarize the results of Task 7.4 and will develop recommendations for facilities to use the digester gas based on the recommended reuse and disposal alternatives. 12.11 Technical Memorandum No. 11 -Odor and Corrosion Control Given the reuse and disposal, digestion, and dewatering alternatives under consideration, ENGINEER will assess the need for odor and corrosion control within each facility. Odor and corrosion control alternatives will be generally summarized for consideration, including process descriptions and planning level facility requirements. 12.12 Technical Memorandum No. 12 - Summary of Selected Alternatives This TM will summarize the recommended improvements and will present design criteria, site plans, costs, schedules, and layouts for the selected improvements. The TM will present a planning level present worth cost estimate of the selected process alternative(s). A project Carollo Professional Agreement Page 19 of 25 a N implementation plan including project delivery, construction packaging and construction times will be included. TASK 13.0 FINAL REPORT ENGINEER will incorporate the City's review comments from the Draft Report and will incorporate them into the Final Report as appropriate. TASK 14.0 PRESENTATIONS ENGINEER will make two presentations on the results of the Solids Stream Studies to the Water Advisory Committee, the City Council, or others, as requested by the City. TASK 15.0 PROJECT AND QUALITY MANAGEMENT SERVICES DURING STUDY ENGINEER will manage professional services to complete the project. These services will include preparation of invoices, progress reports, and directing staff and internal resources in a manner so that project milestones and deliverables are met as scheduled. The tasks associated with managing the project are as follows: 15.1 Project Plan ENGINEER will prepare a Project Plan that identifies the project goals and procedures to maintain the project team focused on delivering a high quality project. 15.2 Subconsultant Management ENGINEER will manage and coordinate the subconsultant' efforts. The following subconsultants will be working as part of the project Team and generally within their respective specialties: 1. Alan Plummer Associates, Inc. (APAI): Thickening, Odor Control, Corrosion & Regulatory Permitting. 2. Daniel B. Stephens & Associates (DBSA): Biosolids Disposal, Environmental Evaluations. 3. Audra Morse, PhD., P.E.: Biosolids Disposal, Local Assistance. 4. Environ: Air Quality Permitting. ENGINEER will prepare and coordinate the work efforts of the subconsultants participating in the project. ENGINEER will also prepare and review monthly progress and monthly billing and will report to the City. Subconsultant costs will be billed as direct cost, in accordance with ENGINEER'S Fee Schedule. Carollo Professional Agreement Page 20 of 25 15.3 Project Meetings and Workshops ENGINEER will conduct project workshops to obtain key decisions and input from the City Staff. ENGINEER will be responsible for developing agendas, preparing the material as needed to achieve the workshop objectives, and preparing workshop minutes within one week after the workshop date. Minutes will include a list of action items and a decision log that will be distributed to the project team after the meeting. The project will consist of 5 workshops as follows: 1. Project Kickoff Workshop and Baseline Biosolids Management and Projected Future Conditions. 2. Workshop No. 2 - Biosolids Disposal Alternatives Development. 3. Workshop No. 3 - Alternatives Discussion and Initial Screening. 4. Workshop No. 4 - Thickening, Dewatering, Odor and Corrosion Control, Digestion, Digester Gas Utilization and Sidestream Management and Treatment. 5. Workshop No. 5 - Draft Report Workshop and Project Implementation 15.4 Project Progress Monitoring and Status Reports ENGINEER will monitor project progress. ENGINEER will prepare project invoices, together with a progress report and will submit these on a monthly basis to the City. 15.5 Quality Management ENGINEER will manage the quality of the project deliverables throughout the development of the project. Specific activities that ENGINEER may employ, with approval of City to ensure the quality of the project include the following: 1. Peer review planning concepts by members of ENGINEER senior staff. 2. Quality check performed by a team of qualified senior staff not associated with the project delivery. 15.6 Project Deliverables Deliverables for this project include the following. All reproduction costs will be billed to City in accordance with ENGINEER's Fee Schedule. 1. Project Plan; six (6) copies will be provided. 2. Monthly Project Progress Reports and Invoices; two (2) copies to be provided to the City's Project Manager and Plant Superintendent. Carollo Professional Agreement Page 21 of 25 3. Meeting agendas, meeting minutes, and formal review comments; six (6) hard copies will be submitted along with PDF files by e-mail. 4. Sampling Plan for SEWRP to support mass balance. 5. Draft Technical Memoranda; ten (10) copies will be provided. 6. Final Report; ten (10) hard copies will be submitted along with PDF files. TASK 16.0 OPTIONAL ITEMS The following items are not included in the scope of services, but could be added as authorized by the City; 1. Public outreach such as public hearings or mailers. 2. Wastewater flow monitoring. 3. Additional Sampling and Data. ENGINEER will make provisions for additional short- term sampling and analysis, including sample collection. Services for this task will be billed on a time and material basis. 4. Other services to be provided at the City's sole discretion. BUDGET CITY and ENGINEER have established a not -to -exceed budget of $685,210 to complete all services under this Task Order. This amount will not be exceeded without a contract amendment. CITY will pay the ENGINEER a lump sum amount of $478,520 for services identified in Tasks 1 through 15, unless noted otherwise in the Scope of Work. Task 5 has been identified as the task that will be billed on a time and materials basis. Task 5 will be completed on a time and material basis in accordance with ENGINEER's fee schedule presented as Exhibit "B". All subconsultant costs will be billed at cost to ENGINEER with a 5 percent handling fee. All travel, per diem, and reproduction costs will be billed at cost and are included in the lump sum cost; excepting Task 5. Time and material services for Task 5 including travel, per diem and reproduction costs for Task 5, and subconsultant services related to all tasks, shall not exceed the amount of $156,690. An amount of $50.000 is established to complete optional services ("Additional Services"). These services will be provided at the sole discretion of the CITY and the budget for these optional services will be agreed to between the CITY and the ENGINEER before the services are provided. Exhibit "A" shows the estimated budget amount for each task. These amounts do not reflect an actual ceiling per task. Budget may be reallocated between tasks at ENGINEER's sole discretion as long as the total lump sum budget is not exceeded. Carollo Professional Agreement Page 22 of 25 ENGINEER agrees to complete these services for this amount, unless the Budget is amended by CITY and ENGINEER as a result of a change to the Scope Of Work or Time of Performance. The budget assumes that all work will be completed within 365 calendar days from the Notice to Proceed. TIME OF PERFORMANCE ENGINEER shall commence work immediately following authorization to proceed. ENGINEER has reviewed the project with CITY and agrees that the following schedule is a reasonable time frame within which to accomplish the work. Days After Notice to Proceed Submit Draft Report 240 days Submit Final Report 30 days after receipt of CITY comments ENGINEER/CITY mutually agree that they will work toward meeting the schedule. Should the Scope of Work be changed and/or should problems arise during the course of the work effort that could affect the above schedule, it is understood that both CITY and ENGINEER will develop a revised schedule and budget limit, if required, to address scope changes as evidenced by amendment to this Agreement or delays caused solely by CITY. It is understood that the ENGINEER must proceed with the work during the review period in order to complete the work on schedule, Caroilo Professional Agreement Page 23 of 25 Estimated Wart OW Sands Stmae Skwies Soudits WAU WVAM Plat CRy of Lubbock r� 111 I• 1 I Y F'I 1". •I 1 1 �.i31.L1 Y iW •"L' it `�� 1 _ :.. .'I.1 �'1, �.'1. � ©���_�__�� �111.• I �� �a��■rr■�r�.�� .��®LLyy__II�•,,�11 • ' r �- 1 iF. I: : '\ 1 I' :.' ® 4`'!i -__��r-� __.ff1'I.''`` ���.�.'.-1111'I'I th.al-4• �MY�®�__rr�- •,) .�►.��ii-� ;. I,ll� ;.��L'r�',,,.ai-nl l;r iYl.��....__�� I'I ..,... t IWONWIMMIMM �.�....■�r.�� . , �Ii i\ `.T.IF�+,�hii:7.lih.:k':m I F MWIMMIMMIUMM- ®.�\i• I!',YY.l.r:11..4 mr-__r.■■■.I■■■,■ ONE ONE..\1 �- .• _ I' I I is �l,�Ir,ll�t � ,Y II I Y I I I11 I! i � ;C• f .■ 1 ., .. 1, I r rr1. - t � M Y i l l I. I r ! I t ! u !. 1 },♦ 1 PA Pp iw Assat:aes,, Irr. APAI Alas Pknrrier kwdAm Ire DRS Oats B. SOepikeas S Aseal WK ht AM A m Mm PH. D. P.E. mth the T;Yx Ted+ lhweksity Carollo Professional Agreement Page 24 of 25 u Resolution No. 2009-R0001 EXHIBIT "B" CAROLLO ENGINEERS, PC FEE SCHEDULE City of Lubbock Solids Stream Studies Engineers/Scientists Hourly Rate Engineer -in -Training (EIT) $115.00 Assistant Professional $134.00 Professional 167.00 Project Professional 198.00 Lead Project Professional 214.00 Senior Professional 235.00 Partner -in -Charge 235.00 Technicians Technicians 104.00 Senior Technicians 146.00 Support Staff Document Processing / Clerical 90.00 Other Direct Expenses Travel and Subsistence at cost Mileage .505/mile Subconsultant cost + 5% Other Direct Cost cost + 10% rc:Carallo.ProfessionalAgreement. l 11808 Caroilo Professional Agreement Page 25 of 25 Resolution No. 2009—R0001 A4 + W. CERTIFICATE OF LIABILITY INSURANCE 12/17/2/17/"D""Y' oa PRODUCER 0541361 1-949-729-0777 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hilb Rogal a Hobbs ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Professional Prectics Insurance Brokers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2030 Nain Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Suite 350 Irvine, CA 92614 INSURERS AFFORDING COVERAGE Sandi Moreno INSURED INSURERA.ACB American Insurance CoznpL&ny Carollo Engineers P.C. Risk Management Office INSURER& 10540 TALBERT AVENUE, SUITS 200 EAST INSURERC: FOUNTAIN VALLEY, CA 92708 INSURER0: INSURER E: f'AVFRA[3'FR 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRGENERAL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LIABILRY EACH OCCURRENCE $ FIRE DAMAGE one fire i COMMERCIAL- GENERAL LIABILITY CLAIMS MADE OCCUR MED EXP one enw t PERSONAL 6 ADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG i POLICY PRO- LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) s BODILY INJURY (Pm Pew) ; ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Pe(accldant) S HIRED AUTOS NON -OW NEO AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR F-1 CLAIMS MADE AGGREGATE $ s $ DEDUCTIBLE $ RETENTION ! WORKERS COMPENSATION AND WC STATUS OTH• EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S E.L. DISEASE • EA EMPLOYEd S S E.L. DISEASE -POLICY LIMIT I A Prrooffissionsl Liability 021656495005 07/04/08 07/04/09 Per Claim $11DO01000 Retroactive Dates Unlimited Aggregate $ 1,000,000 Deductible $400,000 DESCRIPTION OF OPERATIGNSILOCATIONWVEHICLESIEICLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Solids Stream Studios of the Southeast Water Reclamation Plant Carollo Project Ni Not yet assigned. CFRTIFICA'TF 14OLDFR I I AOOmONAL IN1l1Rrn. INSURFR LFT7ER� CANCELLATION 10 Dave Notice for Non-Pavment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Lubbock DATE THEREOF, THE ISSUING INSURER WILL EKWWU MAUL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, X P.O. Sox 2000 XL SRX XpMIAZZINATAV= XXXXXXX1XXXXXXXX XX= AUTHORIZED REPRESENTATIVE n /,'/4(dil�?a,G Lubbock, TX 79457 USA ACORD 25-8 {7197) DebbieR aACORD CORPORATION 1988 10569160 �i��assM1FEWNWN ACORD„, CERTIFICATE OF LIABILITY INSURANCE 1°z 17 2aae/1712008 F"DUCM Phones 602-277-6672 Broom & Brown Insurance of AZ, Inc 2800 North Central Avenue, Suite 1600 Phoenix AZ 85004 THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO MGM UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDMO COVERAGE NAIC • WOURM Carollo Engineers P.C. Risk Management Office 3033 N. 44th Street, #101 ImmERkTravelers Property Casualty Oar-32 �Sr'ls mmesa Charrer Oak Fire tvsuRERc _ Phoenix AZ 85018 wBURERa aOURER e COVERAGES E POLICIES OF INSURANCE LISTED BELOW HAVE BSHR ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. ITHOTANDING ANY RDWIREMRNT, TERM OR OONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO NHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AMROED BY THE POLICIES DESCRIBED HEREIN IS SUBJBCT TO ALL TAB TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I oFWMLUUMJTY POLICYNUMER 63001B8B394TIL07 POLICYE}PECTNE 12/31/2007 POU17YUPIRATIQU 12/32/2008 UNTS A EACH00IIRRENce $1,000,000 PR i C0MMERCW WfflPAL UABILTTY CLAIMSMADE ® OCCUR MEDEXP ane 320,000 PER,90NALAADYINAW i Can_trar-1-iial GENERALAGGREGATE 310.000,000 _ GEMLAGGREG_AMLmrAPPUESPER: PRODucTS.COYPIOPAGG 82,000,00Q PMDL CY W LoC A B AUT0lw1)6a.eL"1LJtY X ANYAUTO 810995K5008TIL07 BA99SKS00807CAG 12/31/2007 12/31/2007 12/31/2008 12/31/2008 CCMEMMSINGLELMT Maw 11,000,000 BOULYINJURY (W PNMNU 6 _ ALLOWNEDAUTOS SCHEDULED AUTOS X BODILYINJURY (pw�^q = . FtREDAU"rOS NON-C"EDAUTOB PROPBRIYDAMAC.E (PKaceld.rlg $ GARA09UABLRY AUTO ONLY -EA ACCIDENT 6 OTHER THAN EA ACC $ ANYAUTO S AUTOOKyt AM C 9=683JU&MELLALVAUTY OCCUR F7 CLAIMSMADE rWS595799 12/31/2007 12/31/2008 EACH OCCURNeWE a l AGGREU4TE $1.000,000 f ; DEDUCTIBLE S RETENTION S D woR noNAW PFU&995K342107 12/31/2007 12/31/2008 A IMAM�I I Rr ANY PROPRIEIORIPARTNER0mci NE EL.MHACCIDENT t ELDISE&M-EAEAAPLOYEE t OFRCERMOABEREXCLUCEOT nya, dmatlaIrmdor SPECLLLPROVVONSbsloa ELDISEASE-POLICYLIYR $ 1 _ OTH�I MDEK31PTION oP oPMATKM l LocAnon 1 voWLES T n=uAmm ADDED sY imDoRanwff l s pEciAL PR0wwks ditional Insured, Primary Neal -Contributory and Waiver of Subrogation apply to General Liability, subject to the onditicau of the attached forms CGD246 0605 and 03DIS6 1103. Additimal Insured and Waiver of Subrogation apply to utomobile Liability, subject to the conditions of the attached forma CLT301 0299 and CRT353 0104. Waiver of rogation applies to Workers Compensation, subject to the conditions of the attached forms WC000313(00), 990376(DO), NC420304(A) and NC430305(00). am Solids stream Studies of the Southeast Nater Reclamation Plant ontinued... City of Lubbock P.O. Box 2000 Lubbock TX 79457 ACORD 2812001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30• DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER HAMM TO THE LEFT. (*EXCEPT CANCELLATION FOR NON-PAYMENT OF PREMIUM- 30 DAYS FOR WORKERS COMPENSATION AND 10 DAYS FOR ALL OTHER POLICIES.) AUTNOR96D RAiPRFAENTATNB Of. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. A statement on this certificate does not confer rids to the certificate holder in lieu of such andomernent(s). If SUBROGATION IS WAIVED, subject to the tams 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 leu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 24 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES 1 EXCLUSIONS I SPECIAL PROVISIONS Carollo Project is Not yet assigned The City i■ named additional insured with respects to «enerel Liability per attached form and with respects to Auto Liability per Attached form. CUWMRCIAL GENERAL LUU3iLITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This sndoassanerht motif a tesWWM PWIded under the Ibtls *W COMMOW2AL GEMER& LAIMITY COVOIAGE PART 4. Z_ WFIO iS AN iNSMED — (Section 10 Is amended to Include any person or orpanizolon 90 you agree in a 'lwriten contract re*dM irswance to Indwfe as an atWkIonai kmmd on lfris Cover- age Part, tint Q Orft V0 =p9d to liability far "bodity injury". "p vp" age" or'poraonai ink y"; and b) If, amd ordy to the extent drat, the Injury or damage is caused by ass or omtssiorm of you or your subcontractor in the perfonTmice of 'your work' W which the '�Metsten contract requiring breurance" applies. The person or organtudlon does not quality as an adrlkWal insured with respect to the Independent acts or omissions of such person or orymrtaation. The irtstaance provided to the additional kmned by this endonswria t is KnnW as follow. a) In the event Ihal the l.irnits of Imtnuxa of 90 Covrsrsge POrt 3h0VM In the Declarations excoed ow i1mis of NabBay required by the Nrritten ciao ad requiring Insurvrm', the In- surance provided to the addtionat insured shol be iknMed to the linens of Natality re- quired by that -Written , A mrrt requiring in- surance'. This oximsernent OW not In- crease the Ikft of Insurance described In Section NI — UmIts Of Insurance. raj The Irrsrrnnce provided to the addkiwal In- sured does not apply to °bodily InMy, ` xW oily damage' at "Personal inW wkft out of the to, idorfrwg of, or failure ton rower. any pmbsskwW arddteck"I. engineering or stir` veyhV servkme, heeling: L The prepothio. approving, or fen to peepers or approve. neaps. shop dasw- Inga. opinions, repobr, surveys, head er- deas or chard o0dars, or thy. per• approvkp, or fa. to prepare or ap` prow, drrMW and :and II. SWervlsary. inspection, suchitectwal or enoneerkp sc roues. Q The insuranoo povkled to the addROW In- sured does not apply to "bodgy kW or 'fiaoperty damage• caused by -rw work, and bxkKW in Vw 'produds- iplaled op anoh nn hazard' unless the "wrlllten eontruot "ft Irhsuranoe spedfi� you to provide such coverage for that adduced insured, and then the msmance provided W the additional insured applies orly to such %oft InW or "Property damage° that co- ws before the end of the period of time for whldt The %wrttion contract mgL*4 Insrrr► vice' requires you to provide such ooverage or the and of the policy period, vAktraver Is earlier. 3. The insurance pruvkled to the additionei insured by thin mWorserno t Is excess over any veld And coled be 'curer kmreace`, whether ixhnary, eoaceaa, oorgingeht or on any other bests, that Is avalatrie w the additional ktwred for a lees we cover under Us endorsement Haw aver, tf the lditbn cmarect re**" kwffsncoa spedNcalltt requires that this isunuxe apply on a pknwy basis or a primary and non-conMbutory basis, this kawance is primary to 'other tans ance" available to the additional Insured W toh coves that parson or oManixaWn as a named kin w me' for such hm, and we vatic not share width that 'ollw katrranref: But the Insurance provided to the addiional krsured by this endummen4 90 le mwess over any valid first copal We `let W- kh wrranw. roaster primary, excess, mov" or are ,any Mar bass, that Is available to the ad& tkwmd Inixod when that pawn er Edon is an additkmai insured under such "cower kmw- ance 4. As a condition of coverage povklod to the addKlo d M7:w by this endorsement: a) The additional i v umad must gWe us ruts" notice as soon as prvdtcabte of an *Occur - ram" or an offense whkfi may molt in a c julm. To the extent possible, such rrotke sirauld include: CO D2 46 Oa o! O 20034 The St. POW Truvokrrs Companies, tic. maces Page 1 of 2 f COMMERCIAL GENERAL LIABIU n i. How. when and where 1hs *00m f me" or dlferese took plow il. The names and addresses of any Injured persons and wf ukmw s; and Ili. The nature 00 ioc:atlon of any Injury or damage arising out of the 'Occurrence or offense. b) If a claim Is node OF Ouflr is brought against the additional kanW. the additional insured must: I. In rnecilat* record the specifics of the daim or "snk" and the date received; and ti. notify us as soon as pradfeable. The additional insured must See to It that we receive written notld of the dame or'sait' as soon as practk*ft. cj The additional Insured must immediately send in copies of if legal papers received in connection with the calm or -SW, cooperate with us in the lnvestigstion or setliennent of Me Helm or defense against the 'salt. and otherwise comply w4h of policy conditions. d) The additional Insured must tender the de- fense and indemnity of any dorm or "suit" to any provider of otter insurance which would oover the adclilionrd Inumod for a loss we cover under tMa endaseMMIL Howeverthis condition doe: not affad whetleer fie kwff- and provided to tiff additional inscered by this endacsennent Is primary to pother osur- oncd avallabie bD the additional Insured which mem that person or organization as a named instred as dasmtbed in paragraph 3. above. & The fol owig definition is added to SECTION V. — DEFIWrK)M: "YlMtten rontrad rettueirireg koxaneenee " that pert of any written contract or agreement under which you are requkvd to keckide a parson or ofgwdzatien as as additional ht. su red on this Coverepe Part, provided that frre "bodily inJlrry' OW 'property dsmw or} curs and the 'personal Injury` is caused by an offense committed: a. Alter the lip ig and wcocadlon of the conhact or agreement by your b. Whft that part of the Contract or agreement IS in effect; and C. Before the end of the pd q period. Pape 2 of 2 0 2005 The St. Paul Travelers Companies. Inc. CO D2 46 06 05 CLAWtCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT Thb endorsamd modifies Wourence provided under the fdiowing: COMIIN<ERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This eedorsorad .broaderro coverage. The follow t Ilatkp Is a general coverage destx"m only. LMilaliwle and exclusions may apply to #me coverages. Read all the PRO- VISIONS of this endorsement carefully to cbtenrtlrre rights, Wtles, and what Is and is root covered. A. Broadened Named Insured B. Damage To Premises Reread To You Etdelon • Perils of tire, errploston. Babb". smoke, water • Limit bxmeased i o $300.000 C. Blanket VNatver of Subrogation D. Blanket Additional Insured — Managers or Lessors of Premises E. Blanket Additional Insured —Lessor of I.sased Ew merit F. lndderdal Med[cal AAa0wiica G. Personal Injury— Assumed by Contrad H. Fadendon of Coverage — Bodly Injury PROVIGIONS A. BROADEWEID NAMED WSUREEED 1. The Named Insured In item 1. of the Declare. tions Is asfolbws: The person or crgar>katlon named In Item 1. of are Dedwatfarrtt and any ergwklz ion, Omer thm a padrrersldp or joW venrum, over which you maintaln owrwrshlp or matey iR- tered on are etfedive data of ifs pals. HDwever. cove"'for any such oeVenizAWM vdll cease ne of the data during the. poky pe- riod that YOU no longer maintain oaureership of, or ma)o tfy k tared In. suduor a$w. Z VIUMO IS AN INSURED (Sectlon 9) Itarn 4.a. Is Meted end replaced by lire folliraft s. Coverage under this prior is afforded only unit ate 1w ft after you acquires or form are wwb *w at the end of ttra policy period. +er is ear'ferwdess n "dad In wft to- us within 180 days. a. This Provision A. does not apply to any pier - sae' or orgarkellon for vAA* coverage Is we cloded by endorsemeM L h*vy to CoOnployese and Co-Vbkrtber Workers J. Atrcralt Chartered with Crew K. Non4Nmad WalarcraR — Increased from 25 fed to 30 feet I.. Inweased &wplementary Payrrmb • Coal for bat bonds Increased W $2,500 • Loss of eatmngs increased to $500 par day M. Knowledge and Notice of Owurience or Offense N. UninwnftorwlOmission O. Reasonable Foroe— Bodily Injury or Property Damage B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The test paragraph of OWERAGE A. BM ILY INJURY AND PROPERTY DAMAGE L f- ABLITY (6Adbn I — Coverages) is debted and rephoed by the folowbV: Exdt,eiorm B. through tr. do nol apply to dam- age to prernow while rented to you, or tem- para* oac m* d by you wNh permission of the Mister, caused by: IL Fka; IL Expiodon; C. womft d. errroke resulting from such Itr4 prploslon, or IfplrYying; or e. Wlaler. A separate limit of bsurerwe apples to 96 coverage as dammed in UWM OF INSM ANCE (Secdorr 11). z This kuwance does not a" to damage io prombes *& rented to yo% or temporarily CO D1 85 1103 Copyrl^ The Travelers Imhwily Compary, 2003 Page i of s COMMERCIAL. GENERAL L v-iiit Y occupied by you with pennisstan of the Owner, caused by & Rapture, buns or operation of pres- sure rew drAcm b. Rupture or bunging due to expansion or swelling of the contents of my bump or structure, caused by or resulting from wa- ter, a Explosion of steam boBem steam pipes, steam engines, or steam carbines. 3. Part C of UMITS OF INSURANCE ($scion 19) Is deleted and replaced by the following: &9*d to d. Shots, the Damage To Pnern- Was Rented To You LUnh Is the most we will pay under COVERAGE A_ for damages be. cause of "property damages to any one prem- Ises while rented to you, or temporarily occw pied by you with pervasion of Via owner, caused by &% explosion, %odrrkg, smoke resulting lawn such firs, explosions, or light- ninsg, or water. The Dai rhage To Prarsises Retried To You Limit will apply to all damage proximately caused by the sarne 'occur- mnce', whether such damage resutia from lire. explosion. Mph mft smoke ra Umv from such fire, mghosaxn, or ItgMnhsg, or water, or any combination of any of these. The Damage To Premises Rented To You Un* will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Pnxnisea Rented To You L knit. 4. tinder DEFINTlONB (section V), Paragraph a. of the deMillon of 'insured contrail" Is amended so that K does rot Include that par- tkm of the contract nor a lease or premises that Indemnlltee any person or organizations for damage to prennisea While rented to you, or tamparmllyr o="*W by you with pernia- a m of the owner, caused #hy: a. Fkx b. ExpfoalorT, a. n_tghn mv; d. Smoke h+esaOV from such Ire. mplosion, or Ilgmwm; or COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE L LAALITY (&dfon 1— Ckwerage4 Is axockrded by endvrsrment. C. BLANKET WAVER OF SUBROGATION Vilb wake any right of recovery we may have no" any v v an - or organkmtkrn because of payrne nts we nuke for knjeny► or darnage arising out of plain ass owned or occupied by or realad or loaned to you; ongoing operatlone Puftar0ed by you or on your behalf, done under a otn*ad with that person or oqWm; "your worts': or "your pnxkz '. We waive this right where you haw mgreed to do so as part of a wtftterh oonirad, ercecxded by you prior to loss. D. BLANICET ADDITIONAL INSURED — MANAG- ERS OR LESSORS OF PRENNES VWW IS AN INSURED (Faction IQ Is amended to include as an Imsaed any person or orgimnizition (preferred to below as 'addklwW ) with whom you have agreed in a written cm*ad, exe- culed prior to Ioae, to narne ma an additional iv. sured, bat only with msped to habl y arising out of the ownershlp; maintenance or use of VW part of any pmrnises leased to you, subject to the fol- lowing provisions: 1. IJmUs of Insurance. The knits of Insurance afforded to the additionW Insured dvd be the Waft which you agreed to pmvW or the Knv. ib shown on the Declarations, Wkhww Is lem L The assurance afforded to this additional Irv. sured does not apply to: a. Any 4ocou mrnce' that takes place alter you cease to be a tenant in that premises; b. Arty premises for which coverage is ex- cluded by ems; or c. atnx*nW a tvfvikms, new construction or denoMm operations performed by or on behalf of such sdMond Insnaed. 3. The insurarscs afforded to the additional in- sured Is mmess over any valid and coledWle inset Mn= Walled* to such additional W sured, unless you have agreed In a writtern corano for this busrance to apply on a ptl- mary orconvibutory bawls. E. BEET AUDMONAL IMSURI!D — LOWOR OF LEASED EQUWWJWT e. Water. WHO IS AN INWRED (Section 10 Is amended to & This Provision B. does not apply V coverage irsdwe as an haxid easy person or o4pnizstion for Damage To Premises Routed To You of (referred to below as 'addlidoned insured') w1 h Page 2 of 6 Copyright, The Travelers Indemnity Company. 2003 CG D7 K 111103 whom you have agreed In a written conlrad, em&- cuted prior to toss. to name as an additional In- sured, but only with respect to their liability a %" L out of the mehntenatwak operation or use by You of mMp and leased to you by such addiromal W surd. subject to the fbilm rep provisions: 1. Limits of Imanance. The limits of lemmance afforded to Use adduonal Irrsurbd shall be the Wnb which you agreed to provide. or the phre- Its shown on the Declaretiorm whichever Is less. L The Insurance afforded to the additional W eared does not apply to: a. Any moacur►rlrtoa' that takes plate after d' the equipment lease expires; or b. -Bodily bjchry or -property darnaW arlso- Ing out of Me sole nel Rance of such ad- ditional Insured. 3. The insurance afforded to the additional In - sumd Is excess over army valid and collectible lnsuranca available to such additional in- sured. unless you have agreed In a written COntraCI for this insurance to apply on i prl- S• mary or contributory basis. !r. INCIDENTAL MEDICAL MALPRACTICE 1. The defirhifton of "bodily Injury In DEFINI- TIONS (Section V) Is amended to incWude "in- cidental Medical Malpractice Injury. 6. 2. The following definition Is added to DEFIM- TIONS (Section H). "Incidental medical malpractice Injuy means 7. bodily ft", mental argtrlsd, siduteas or dls- "se sustained by a person, including death r+ehsultinp from any of theft at any Lime, ads - kV out of the renderig of. or failure to ran - deer, the follmft services: a. Medial, surgical. dental. laboratory, x-ray or nur* q service or treatment. advice or kokoctlon. or the related fumish%V of food or buvenagm b. The bAWd ing or dspensing of dnigs or medial, dental, or surgical supplies or appownces; or a. Fkd aid r Ck-WERCiAL CENERAL LL421UTY for wtidr no remuneration Is demanded or nwalved. Paragraph La.(1Kd) of WHO 18 AN IN- SURED (Section 4 does not appy to arty negishmmi nt;se, Nkerhse ri practical name, eamfgaacy med W technician or panarnedb ernployed by your btd ofir wMe perfo mkV the services described In paragraph L above and while adhV within the scope of their an- ployrnent by >om Any "& Ing `Good Samaddlan servicee will be deemed to be odkg wIMIn the scope of their ernploy- ma d by you. The blowing eesadusion is added to peragraph 2. Exclusions of COVERAGE A. — 130DOLY hf+ LM AND PROPERTY DAMAGE LWHL- FTY (Seddon 1— Caveragm): (Ttft insurance does not apply to.1 Liability 86mv ad of the wilful vioiacm of a pew statute or ordnance relating to the sale of pharrnaoeuficals by or with the knowledge or consent of the inshred. For the purposes of deteamihing Its applica- ble krft of Irawanct, any ad or omission, togeom AM ON related acts or Wisdom In the twfting of the services described In paragraph L above to any one person, Wit be considered one 'ooextrren e. This Provisiom F. does not apply F you are In the business or orxsup" of providing any of the 3mviees dmxflied in paragraph t above. The Insurance provided by this Provision F. shall be mcm over any other veld and col- IecUbfe Wourance avallable to the insured. whether primary, exoesa, continpwhl or on any other basis, except for box nee pur. clamed specifically by you to be excess of this polar. O. PERSONAL IMJUKY -- ASSUMED BY CON- 1. The Cor4rach i Liabliity ExdWon In Part t.. Er WWW of COVERAGE & PER- SONAL AND ADVERTISNO INJURY LABIL- ITY ($scion I — Coverag" h deleted and reptarad M the fd m tp: d. "Good samaritan servbea•. As used in (mis ird AUM does Trot apply too thla Pedvtsion F.. 9Good S madtan suer- Cmtfractrwl L W Mlty vices" are ttoae medled services Teen- -Adv"" Infury for which the in umd has dered or provided in an emergency and amend HablRy in a mnirad or agreement. This m du*n dots not apply to liability for CO D1 98 1103 C.opynf K The Travelers IndenWIlly Company. 2003 Page 3 of 5 COMMERCIAL GENERAL LIAINu rY dartnges that the insured world have in the 3. Subparagraphs 2.a.(1xy. ib1 and (�) and absence of the cantraca of agme merle. &AL of WHO IS AN W SI.iFi1±D (8WIN 1) do L Subpwagraph IL of the delMhilion of Insured not apply to "boat Input'" for vit" Insurance contract' WiN nxws - &noon v) is de- Is poVicled by pama1*v 1. or L aboft tared and replaced by the fdkw* g: J. AIRCRAFT CHARTERED WITH CREW L Thal pad of wry other cw*v d or agree- i. The follovkv is added to the o re,sF tlorce can. melt pmt*fing to your business ~ tamed in the Aircraft; Auto Or WataacraR icy an indemnhcedw of a rntmiaips/y, In Ezkxplun IF Part L, Em*wkm of COS cwwmx ion with worst performed for a AGE A BOCKY MW AND PROPERTY nm id; 1111y) under which you assume the DAMAGE LIABILITY (8e0bn 1- Coverages): tort Hal t of snolfw perry to pay for (I* adusion does not apply Ia.) Airaalt ObodiflY "," ixr°pery darnagtr' or "per` c wWaid wilh crew Io any Insured. sonal injury' to a third party or organza- tion. Tort labay means a labor that L The PrwAsion J.does riot apply r the chur wouid be imposed by law in the abeeroe tared aircral b owned by any hhsra+ed. of any cortrad or agreemeni. 3. The inserance provided by this Provision A 3. This Provision G. does not apply If COVER- sail be success over sett► other valid and col - AGE 8. PERSONAL AND ADVERTISING IN- lec Me insurance av*PmMe to the mewed, JURY LIABKM is excluded by erhdorse- vdm* r p6mary, excess, conlingerd or on Milt- any other basis, except for Insurance purl chased � by you to be excess of H. EXTENSION OF COVERAGE �- BODLY W ills WW1 JURY K fioN-ONl�lt� WATERCRAFT The deftnilon Of -bodilyirhjury' (DEFINITIONS -- and deleted Sectlon V) Is deleand replaced by the follow- 1• The exceplon In Subparsgrhtph (2) of the Aincra% Auto Or Watercraft ft*i- son In Pat 2., Exclusions of COVERAGE A. *Bodily injury' means bodily injury. mental an- BOO LY VLLW AND PROPERTY DAMAGE gurish, marital Injury, shock, fright, dlsablillyr, hu- LiAWLIT f (Section I - Coverag" Is deleted rnMon, sickness or disease sustained by a per- and Ppa-md * She following: son. including death res dng from any of Now at (2) A vel efemi l ym do not own that Is: any tine. L NIJURY TO C"W3LOVEES AND CO- (Al FRy toed long or less; and VOLUNTEER WORKERS (b) Not being used to arty persons or M 1. Your •employees' are Msureds with n mpeat property for a Char": to "bodily InW to a co wVloyW in the 2- This Provision K "pin to any person who, o� course of tiro cVefnplDyeW employment by wlth your expressed or kThpled raons+ent, effher you. or to your Nvkxht w wanner while per- uses or Is wsp mlble for the use of a water- forminp dolts,, reloW to the conduct of your bualneas, Provided that tlds coverage for your craft. a. The insurance pnovi ded by this Provision K. "empia"W does not apply► to ads o Wft the amps of their employment by or while shall be excess over any other veld and o* .� you lerii6la ihswencce ava ia" to the Insured, performing dutiaa-annHatad to the cond ucl of w hethrx PkywWi. ountklw or on Am your buskins- any offer baft except for insurance pur- J0 !. Your -**M aer worMW are Insureds with dame specltcaly by you to be excess of Jm respect tic ObW ly Injury" to a co -'volunteer fhb policy. im worker' while perlormirig dudes related too the L, INCREASED SUPPLEMENTARY PAVMEMT3 oondud of your business, or to your Vropley- ass` In the course of the 'employee's" ow Parts L and d. of 'SUPPLEMENTARY PAY- 5� ploymerht by you. IxoWded 6M thft +mar ItiAENr6 - COVERAGES A AND 8 (Seaton I for your Ovakdaer wmMnf does not apply Coverages) are amended as follows: waft pafom*ig duW unnr Axled to the con- 1. In Pad b. the am un! we will pay far the cost duct of yaw buafrtem of bell bands Is increased to $2500. Pop 4 of 3 Copyright, The Thwefers kndemnby Company, 2003 CG D1 iS 1103 film 2. In Part d. the amount we vM pay for loss of earnings is imased 10 $500 a day. M. KNOVKEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE i. The io b*" Is added to COMMERCIAL GENERAL WIBIt.1TY CONDlTX)NS (section IV), paragraph 2. (sulks In The Event of Oa cwrrencv, Of "M Claim or am* Notice of an 'oocumo ae' or of an offmsse which may result Ina claim under thin i wup ante shall be given as soon as predicable ti- ter IaosMedge of the 'ocxrrra me• or ottermse has been repoded to any kmred Ivied under Paragraph 11. of Section n N — Who Is An In- sured or an 'employee' (such as an krsur- anak toes control or Asir manaperor admlNs- tratot) designated by you to give such nokav Knowledge by other 'employeeW of an woo- chrrencel" or of an offense does not imply that YOU R150 have suer kn0Wk c3go. Nottoa shag be deemed prorW / om in good fagh as soon as pnoticable to your worketV compensation insurer. This applies only W you subseque lly give notice to us ea soon as practicable aAw any khsured listed under Paragraph 1. of Section It — Who Is An insured or an 'employee (raeclh as an hhsur- ance. km samurai or ►isk manager or adminrs- traia) designated by you to *a such notice discovers 09 the 'ooarmencer"', offense or dafin may involve this policy. 3. However, this Provision U. does not apply as respects the specific aLaber of drys within I dt.RCIAL GENERAL LIABILITY which you are rowked to notify us in wrong of the abrupt comntemtoe iteemt of a d edtarpe. release or escape of 'pollularW which causes 'bodily b W or Vwbrly darnapa' which may otherwise be covered under this PdIc11. N. UNWENTIONAL OWS5IDN The aolowi V Is added to OOMMERCIAL GEW ERAL LIABILITY CONDITIONS (Seatian IV), pwmraph S. psi= The unintw4lonal omlasion of, at unintentional error in, any lmforriviion prarlded by you shell not prejudice your rlWft wdw tNs inera'anca. HwAr6 ever, this Provision N. does not affect our right to c0ec t o0d0wal pnrrrdwn or to exercise our right of cascaQatlon or nonranewal In accordanoe vrph applicsNe state Ww ac" laws, codes or regular lions. O. REASONABLE FORCE — BODILY KKK OR PROPERTY OAP A(iE The Expected Or Intended Injury Exclusion In Part L. Exciuslom of COVERAGE A. BODILY. INJURY AND PROPERTY DAMAGE LlASiLITY (SeWon I — Coverages) Is deleted and foplaced by fie fatiowkp: (This Insurance does not apply to:) Expected or Infested kdUry or OM"o "Bodily Ingram' or 'properly damage' WPW2ed or Wended from the standpoint of the insured. This exclusion does not apply to 'bodily IrtJrrli" or 'Property damage" reu&V from the use of tea-, sonable force to protect persons or property. C® in 11111 a Copyright, The Travelers Indemnity Company. 20m Page 5 of 5 COMMERCIALAUTO POIJCY NUMBER: P-ei atiWKS00a-M-07 MSUE DATE: t 2-20-07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED rft endorsement modifies Insurance provided under the fallowing: mUBIfi W AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Paragraph c, of the V*IO IS AN MURED provisbn Indudes the person or organization kKkated below, but only for his, her or Its habiNty because of acts or omissions of an "insured" under perapraphs a. or b. of that provlslon, subjed to the faila*ft addkJonai pro- vislorw Person or Orgenh afto ANY PERSON OR ORGANIZATION WITH Ilt•IOM YOU HAVE AGREED IN A WRITTEN 1. No Itablllity M assumed by that person or orgarri- zeden for tin payrranl.of any premiums stated In the pWq or earned under the potter. 2. in the event of concaEalion of the po", wr2len notice of cmxmlaftn wM be mailed by us to that person or organization. Address COKTiRACT, EXECUTED PRIOR TO LOSS, TO NAME AS AN ADDITIONAL INSIRED. CA T2 01 02 tM Papa 1 of 1 COMMERCIAL AUTO POLICY NUMBER; BA-980KWO8-Cr?-CA© ISSUE DATE: 00-m-Os , THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED Tlds ardorsemanl =A'wd a ins nvm provided under the fbIbv*v, BUSE&W AUTO COVERAGE Fair MOTOR CARRIER COVERAGE FORM, TRUCKER$ COMMM FORM ParaWso G of the WHO IS AN INSURED provision 1. No RM*W Is asaurned by VW person or omml- includes the person or oMerdwIlm lnftded below, zntton for the peynrent of any premkm stated In but only for hte, her or Ila daft because of aft Or the pMq or ear red under the poly. ornisslans of an llkw W under paraprephs a. or b. of L In the evert of cancepation of the pocky, written that provl kwk aubjed m the fodowlnp additional pro- Hours of oenceNnllon wld be mabd by us to brat visww Parson or OrgaMsatiDn PERSON OR ORUNIZATION *ERE ADDI- TIONAL INSURED STATUS IS REQUIRED penron Or OW Nzstlan. A"mm BY WRITTEN CONTRACT ENTERED INTO BY TFE INSURED PRIOR TO LOSS. FOUNTAIN VALLEY CA 92705 Pape i of 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE EXTENSION FORM This endorsement moon insurance pravldad under the NoWra BUSINESS AUTO COVERAGE FORM Wlh respect to coverage W rided by this onftmn K the pro dmierar of the Coverage Form apply unless mod ided by the meant. A. 6ROAD FORM NAMED INSURED (4) Al ressonabk expenses incisM by the In - SECTION M — LIABILITY COVERAGE, A. 1. Who Is An Insured proulsion Is amended by add. kv the 1olowft. d. Any buslneas enllty naudy acquired or formed by you *AM the policy period. provided you own 50% or more of the business entity and the bu*iess entity is not separately Insured for Business Auto Coverage. Coverage Is eocr t rufad rap to a maxhiurn of 180 days follwn- ing a4iaillon or fannalton of the business may This prw iskw4ow not apply to any peraw or organizallon for which coverage is ex- cluded by aadorseumL B. EMPLOYEES All INSURED SECTION 1— LIABILITY COVERAGE, A.I. Who is An Insured is amended by adding the follow• hap, a. If you are not a sole proprietor, arty "Nn- pioyea' of yours is an "fnsursd' while riming, in the course and scope of your busiress at the time of an 'sodden, a covered 'auior you don't own, Ida* or borrow. If you are a sole proprielor. any'ernpioyee of yours Is an 'Insured" while u+sft to the course and acofhe of your_bushmm or per - social aftairi at the lime of an 'tocldeW. a covered "sumo" that you don't own, lire or ber- duw C. COVERAGE EXTENSIOi9 — SUPPLEfiEN. TARY PAYMENTS SECTlslllf q— LUUNL "fY CoveRA F, A. S. Cow subporMaphs M and (4) ads deleted and tw tlsced by the lldlowhW M tip to $%000 for cost of ball bonds Ouluding bonds far related Vatic lowvicleflo" ragdired because of an 'ac cideW we cover. We do not have to UnIsh these bonds. cared' at our regr, Nk including actual lose of eamI gs up to $Wl a day because of time off from work. D. HIRED CAR — WORLOWIDE COVERAGE SECTION II — LIABILITY COVERAGE, A.t Cow *rape Enlemlons Is smanded by adding the fdhrMng mderreion; r. Hind Car—Woddwlda Coverage (1) We will pay d sum an "InsunW legally mW pay as da riages because of "bodily Injury" or'propeMEty dernags' In which lids Insurance applies, caused by an 'soci- deW which oodaus outside On United Slates of Arnerlca,_ the len*Wes and possesslans of the Unted Sides of America. Puerto Rico, a W Canada reauR- Inpefrom the operation, maintemmae, or use of any awared auW of the private passenoor tope you leam hK nerd. or bornrw wlttrou t a d*w for 30 days or lass. (2) tAlNft reaped to any dain made or 'dull" i a toted outside the United States of Amwlce, to tenftorfes and pomenions of the Urdted Stab" of Amedco. Puuxto Rico, and Carmda: (a) You shall wdsitake the Invesdgailm, settlernerd, and defense of such claims and 'ants" and keep us ad- visW of all pmceedrrps and aclions. (b) You wi net main airy settfenhent without our carte (c) YMa rrll reMnbume you: p) For the amount of damages be- cause of bbmy imposed upon you by leer on accohrnt of 'be* which lids poky applies. arid (tl) For all reasonable oVenses In. darned with our consent In cornea CA T'3 N 0104 Copyrlghl, The Travelers Indemnity Company Page 1 of 9 Includes cmrighted malmial of Insurance Seuvloes. Office, Inc., with Its permission. MIN COMMERCIAL AUTO tion wUi the Inva1lpeton, serl11- ment or defatse of such ddms or We. ReM6tesmned far ex - Wks" vein to pad of the L FM Of Insurance br LmAt!► Coverage drover In ITEhf TIND of fie BUSS AUTO COVERAGE PART DECLARATX*I% and not in add/ori to such 1m t (3) The Ural of htseranca Ox IJabirty Cover- age shown In ITEM TtfVO of the Bl1SOM ALM COVERAGE PART DECLARATIONS Is the most we will re- imti a you for to sum of all darnages Imposed on you, as set forth In c42Xc) above] and all expense Incurred by you arising out of any sirpte 'scdden!' of loss'. (4) You must maintain the gnealer of the fol- lowing primary auto UWIAy insurance fini- ft (a) Compulsory admitled Insurmm with finds required to be "Fee 1D satisfy the Nast requlranents of the prrialco. Ion where the'eeddeW o=irs; or (b) Insurance Arms required by lour and Issued by a Qovemmentsl arils► or by an Insurer loensed or pemlited by law to do business In the Judi diction where the'accident" oeetns; or (c) Auto ld ty Insurrarm knits of at lead $3mm Combined Single Dill or S100,000 per person+ $3W O ho per accident ter Injury, $100.000 Property Darmge. If you fail to comply with the above, this Insurance Is not Invalidated. However, in On event of,a 'lose, we will pay only to On extant that we would reeve been sable had ywq D complied. (II) The Insurance provided by HOW CAR — WMDOWE CMERAGE Is emewl over any other colecift Inotua nce avait- " to you whether on a primary, wmmm corrUnpM at any of her bash you legally mud pry to on lessor of a cov. Bred 'quid Whim you have leased wfitnotrt a driver for 30 days or less for the lessors loss of ttoe of On covered'suW. PvAded: 1. This Instance provides comprstiersk,s, speckled causes of lace or coEsion Cover - a" an to covered 'autd ., Z The loos of use results tram the covered 'atuld b*V dariegett In an 'nocidenr wire you are leash it. V% Y A pay up to 05 per day ")MA to a maxkntan Ilnl of $750 for any one •accident'. F. PHYBIM DAMAGE — TRANSPORTATION EXPENSE SECTION M — PHYSICAL DAMAGE COVERAGE, A. 4. Coverape Exlanelww sub. pn re qln a. Is deMed and repMcad by the ivllow & Transportation Expenses VVe will pay up to $60 per day to a wad - ling or $1,500 for temporary trAnaPorta- tian e q mrse Incurred by you because of the total theft of a oovered 'sutoR of the pry Pam hire. Vft will pay only for those coveted "autos" for which you carry either Comprehhensba or Specified Causes of Loss Covexage. VVa will pay for temporary transportation wgwises Ir- avmd duritQ She period lb gob sing 4S hours after the theft and mft. regard - leas of the pofcy's expiralon, what the covered 'atrlot is returned to use or we pay for its lose". 5 the temporary bansportmon eoepernse in. oared aches fiom yotr rsnial or an -KW" of the private pessetnger type, the most we will ppy Is the amoerd it costs to rent an •sold of Oft pdvda paaseoger type Y"ah is of a Ilya faired and waitgi as the stolen cwinaed,'auld. G. PERSONAL. EFFEgM COVERAGE SECTION ■ - PHYSICAL DAMAGE COVERAGE, A. Csvetrape, 4. Owerepi Exlmw sons is amended by adt" the follow ft E. HIRED CAR PHYSICAL DAMAGE -- U)SS OF c. Personal EMKO Covtlrape USE VIM will pay to $400 for loss to wearing SECTION I — UABKJTY COVERAGE, A. L apparel and olier Personal effects which Coveripa Exlensloisit Is. nloalled by ad*V the are: b%WN0(1) owned by an lnaured; and d. Nol%Walandlrg SECU* 5, LIABSJTY B. (_) In or an your covered'aule. Exclusions 2. and l., we vril pay sham uohic h Pape 4 of 3 Csipyrtphl, The Travelars Indemnity Company CA T3 03 0104 Indudes copyrighted material of Insurance Ser Woes Of @. Ina, wNh Its pwmkston. I =III TNs coverage apples only In the event of a hotel tW of your catered'auto'. No deducIbes apply b Personal Effects Cow wage. H. NOTICE OF AND KNOWLEDGE OF OCCLMRIENCE SECTION N — BUSINESS AUTO CONDRI W A. i Duties In The Event Of Acddd M, CIAIM, Sufi Or Loss, subparagraph a. Is deleted and re- placed by the foWWna a. In the event of 'acddern", cWm. 'sWt" or loss", you must give us or our authorized eprasentol lys pront{tt nodes of the "aooldant' or "loss" Indudng: (1) How, when and where the 'accident" or 'Naas' otxurredk (I) the Inwiscra' name and address; and (3) to the ®dent possMK the names and ad- dresses of any injured persons and vd- nesses. Your duty to give us or our auUxxized repre- sentative prompt notice of the `accident` or "loss' applies only when the 'ncddeW or loss' Is known to: 1. You. ffyou are an lndividuar; 1 A partner, E you area psdnersW or 3. An ezecxrlive offber or Irsurance man. ager, If you are a cogwrarion. 1. BLANKET WAIVER OF SUBROGATION SECTION of — BUSINESS AUM CONDITIONS,. A. Loss CondkkKM S. Transfer Of Rights Of Recovery AgairGR Others To Us Is deleled and replaced by the fol owing: COMMERCIAL AU M L Transfer Of Rights Of Racovery Against Others To Us va wah a any tight of recovery vre may have aA*W any ,person or organization to gn ex- tent requtnehl of you by a witten conbW exe- cuted prfor to any 'acddue or "bee", provided that the •aockhW or 'laser" arises out of operations mrionlptated by such con- trail The walver apples o* lo the per.an or organization Ieoignated In such uontraaL J. UNINTENTIONAL ERRORS OR OINISSIONS SECTION N — BUSINESS AUTO CON011TIONS, IL General Condtlons; ! Concearnenk No- representadorh. Or Fraud b amended by adding the (olovAng: The unir wailonst omisAw of, or unkftenlfonal error In, any lniormaron ghw by you shd nol prejudice your rights under this insurance. How- ever Oft provision does not affect our right to tol- led addlilonal premium or exerdse our rift of cancetfellon or non -renewal. K. MENTAL ANGUISH SECTION V — [>EFE1110NlI. Definkion C, Is amended by adding the kftw na 'Bodiy InJeayr" also bhrJudes mental wwhh but only when the N=W anguish arises from osier bodily Injury, sidumW or d osse. CA T3 33 8164 Copyright, The Travelers Indlara nily Company Page 3 of 3 Vmkxh s ecpyrWrted material of Insurance Services OHcs, Inc., wdh Its pennIsAw. F F' TRAV��•:r�' WORKEEIS�60NRTIbN, #�.,•► AM tinj. a •' ts3.�: EN PLOYERS LIABILITY POLICY x t. ENDORSEMENT WC 00 03 19 (00)_01 ... _ .; .{* .. POLICY NUMBER: (PFUB-99SK342-1-07 ) WAIVER OF OUR'RIGHT"TS-RECOVER`FRONT-OTHERS}ENDORSEMENT We haw Ow ri*rpo: recover car- payrnwb,. ndm anyons llable foi anArgury ommved-hy.his'ldWrO Www andomour e4tt•soalnatbaipirson'ouoi�i namattIntheSchodukK"(T*agrounotappm aiyloft exterit hat-YM'peeform +sork,.Under:a vurimn oontreict3tW imquhu .yw to ohlaln•thb-agreement from LN j . This aprem" shall not operste dhdy or kKka Uy ira'>5sr eR eny one noi'�eamed.In the S�edute_ DESIGNATED PERSON:' DESIGNATED ORGANIZATION: ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEiENT. PROW DED YOU E)CECUTED THE CONTRACT BEFORE THE LOSS. M -m M DATE OF ISSUE: 12-19-07 ST ASSIGN: whim TRAVELERS WORKEN COMPENSAT`ION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC "03 76 (00) - 001 POLICY NUMBER: (PFLIB-995K342-1-07 ) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the rVt to recover our payments from anyone liable for an Irqury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll r000rds accurately segregating the remuneretlon of your amployess while engaged In the work described In the Schedule. The additional premium for thle andorsernent shall be % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED T!-E CONTRACT BEFORE THE LOSS. JW a� .W M M M a� .10 Job Desorlption DATE OF ISSUE: t Z-11i1-O7 ST ASSIGN; wau TRAVELERS WORKERS COMPENSATION AND EMPLOYERS I- ABR.ITY POLICY ENDORSEMENT WC 42 03 04 (A) - ow POLICY NUM8ER: (PFUS-9WK342-1-07) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown In Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the.person or organization named In the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us_ This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. u Specific Waiver Name of person or organization �X Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL OPERATICM 3. Prarnium: The premium charge for this endorsement shag be percent of the premium developed on payroll in connection with work performed for the above person(s) or oryanizadon(s) arising out of the operations demAbe: 4. Advance Premium: $ I NCL DATE OF ISSUE: t 2-19-07 ST ASSIGN: Page 1 of 1 WORKERSTRAVELERWORKERS COMPENSATION AND EMPLOYERS LIABIUTY POLICY ENDORSEMENT WC 43 03 06 (00) POLICY NUMBER (PFU3--99SK342-1-07 ) UTAH WAIVER OF SUBROGATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Utah is shown in Rem 3A.of the Information Page. We have the right to recover our pay'rnerds from anyone liable for an injury cornered by this policy. Vft wd 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 frorn us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of daims against third parties. Schedule Desslgnafed Person: Designated Organization: ALL PERSONS OR ORGANIZATION THAT ARE PARTIES TO A CONTRACT THAT REQUIRES VW TO OBTAIN THIS AGREEMENT. PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS. DATE: OF ISSUE: f 2-19-07 ST ASSIGN: Page 1 of 1