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HomeMy WebLinkAboutResolution - 2015-R0128 - Professional Services Agreement_ Freese & Nichols, Inc. - 04_23_2015Resolution No. 2015-RO 128 April 23, 2015 Item No. 5.6 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and Directed to execute for and on behalf of the City of Lubbock, a Professional Services Agreement for Preliminary and Final Design of Pump Station Number 10 (the Activities), between the City of Lubbock and Freese & Nichols, Inc., and related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this April 23 , 2015. i GLEN / SON TTEST. Garza, 'PROVED AS T ONTENT: Woo Fraroin, P.E., Director of Public Works PROVED AS TO FORM: .es.Agrmt-Prot Servs-Freese & Nichols.lnc-Pump Sta 10 11 13 Resolution No. 2015-RO128 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This contract, (the "Contract" or "Agreement"), effective as of th(231d day of April , 2015 (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a Texas home rule municipal corporation, and Freese and Nichols, Inc., ("ENGINEER") a Texas professional corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, the City desires to obtain professional engineering services related to the Preliminary and Final Design of Pump Station Number 10 (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 575 days, as set forth in Exhibit "A", attached to and made a part of this Agreement for all purposes. If the Engineer determines that additional time is required to complete the Services, the City Engineer, may , but is not obligated to, in his discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. FNI Professional Agreement Page 1 of 25 ARTICLE II. SERVICES AND COMPENSATION A. Engineer shall conduct all activities and within such timeframes as set forth on Exhibit "A", attached hereto (the "Services"). B. ENGINEER shall receive as consideration to be paid for the performance of the Services set forth in General, Basic Services, and Special Services based on hourly rates, not to exceed $1,000,000.00, per Exhibit "A" and Exhibit "B". 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 terra and/or provision of this Contract, the City shall be entitled to exercise any right or remedy available to it by this Contract, at law, equity, or otherwise, including without limitation, termination of this Contract and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all other rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. ENGINEER is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. FNI Professional Agreement Page 2 of 25 B. Corporate Power. ENGINEER has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of ENGINEER. This Contract constitutes legal, valid, and binding obligations of the ENGINEER and is enforceable in accordance with the terms thereof. D. Engineer. ENGINEER maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. ENGINEER will and shall conduct all activities contemplated by this Contract in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional engineering services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional engineering services, as contemplated hereby. F. use of Copyrighted Material. ENGINEER warrants that any materials provided by ENGINEER for use by City pursuant to this Contract shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation 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 VI. SCOPE OF WORK ENGINEER shall accomplish the following: Professional Engineering Services related to the Preliminary and Final Design of the Pump Station Number 10, as defined and provided in Exhibit "A," "Scope of Work". FNI Professional Agreement Page 3 of 25 ARTICLE VII. INDEPENDENT CONTRACTOR STATUS ENGINEER and City agree that ENGINEER shall perform the duties under this Contract as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. ENGINEER has the sole discretion to determine the manner in which the services are to be performed. During the performance of the Services under this Agreement, Engineer and Engineer's employees and/or subconsultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or subconsultant of Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. All policies will be written on per occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence FNI Professional Agreement Page 4 of 25 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 losses caused by the professional negligence of the approved subcontractor or subconsultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. Certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City 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. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained, at Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this contract and the discovery period (possibly through tail coverage) shall be no less than ten (10) years after the completion of work specified in the contract. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS ENGINEER may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "5ubconsultant"), to perform certain duties of ENGINEER, as set forth on Exhibit "A", attached hereto, 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 by ENGINEER 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. FNI Professional Agreement Page 5 of 25 ENGINEER represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY ENGINEER shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDEMNITY ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OF OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS ENGINEER shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from ENGINEER to City or City to ENGINEER is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this FNI Professional Agreement Page 6 of 25 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: Freese and Nichols, Inc. Attn: Nick Lester, P.E. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Telephone: (817) 735-7300 Facsimile: (817) 735-7491 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: John Turpin, P.E. P. 0. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775 — 2342 Facsimile: (806) 775 — 3344 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA City shall furnish ENGINEER non -confidential studies, reports and other available data in the possession of the City pertinent to ENGINEER's Services, so long as City is entitled to rely on such studies, reports and other data for the performance of ENGINEER's Services under this Contract (the "Provided Data"). ENGINEER shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. FNI Professional Agreement Page 7 of 25 ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. ENGINEER shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, ENGINEER's books and records with respect to this Contract between ENGINEER and City. C. Records. ENGINEER shall maintain records that are necessary to substantiate the services provided by ENGINEER. City. D. Assignability. ENGINEER may not assign this Contract without the prior written approval of the E. Successor and Assigns. This Contract binds and inures to the benefit of the City and ENGINEER, and in the case of City, its respective successors, legal representatives, and assigns, and in the case of ENGINEER, its permitted successors and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS CONTRACT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. M Professional Agreement Page 8 of 25 H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly authorized and executed by ENGINEER and City. Entire Agreement. This Contract, including Exhibits "A" & "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 li, above. The ENGINEER shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either City or ENGINEER of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and ENGINEER. N. Appropriation. All funds for payment by the CITY under this contract are subject to the availability of an annual appropriation for this purpose by the CITY. In the event of non -appropriation of funds by the CITY Council of the CITY of Lubbock for the goods or services provided under this Contract, the CITY will terminate the Contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the services covered by this Contract is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the CITY shall not be obligated under this Contract beyond the Non -Appropriation Date. FNI Professional Agreement Page 9 of 25 EXECUTED as of the Effective Date hereof. ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: L. Woo ran in, P.E., Director of Public Works Johnxurpin, P.E., ChWf Wate( UVlities Engineer KPPROVED AS TO FORM: CITY yC LUvEll vCI Gle Vor FREESE AND NICHOL S, INC. By: Name: Russell Gibson, P.E. Title: Principal FNI Professional Agreement Page 10 of 25 EXHIBIT A SCOPE OF SERVICES FOR: PUMP STATION NUMBER 10 PRELIMINARY DESIGN AND FINAL DESIGN GENERAL: A. Pump Station Number 10 (The "Project") includes the following facilities: 1. Pump Station Number 10 (PS10) with a capacity of approximately 15 MGD 2. Suction and discharge tie-ins to existing pipelines 3. Restroom facilities inside PS10 4. Demolition or repurposing of the existing PS #10 5. Temporary pumping facilities during construction, if required B. The Project will be split into the following bid packages: 1. Bid Package A — PS #10. Prepurchase of equipment is not anticipated for the Project. The demolition or repurposing of the existing PS # 10 will be done under the new PS #10 contract. C. The following facilities are not part of the Project. 1. Electrical substations or power transmission lines to the sites, which will be designed and constructed by the electric utility company. The project will tie onto the secondary side of the substations and/or power service facilities. 2. Chemical room/facilities/equipment. 3. Offsite facility upgrades BASIC SERVICES: The Basic Services include the project administration, preliminary investigations and reports, preparation of detailed design, as set forth herein, and construction documents. Construction bid and award services, construction phase services, resident representation services during construction, operation and maintenance manuals, startup services, commissioning, and personnel training will be incorporated in subsequent amendments if desired by the City (Sometimes referred to as "OWNER") FNI Professional Agreement Page 11 of 25 Engineer (Sometimes referred to as "FNI") shall render the following professional services in connection with the development of the Project: A. GENERAL SCOPE OF SERVICES TASKS: ENGINEER will provide the following as part of the preliminary and final design phase of The Project: 1. Attend a kick-off meeting to clarify OWNER'S requirements for the Project, review pertinent data, review Project staffing and organization, and present the initial work plan and schedule. 2. Provide administration and management of The Project. Review ongoing activities. Monitor schedule and budget. Review progress with OWNER on a regular basis. Discuss issues with the OWNER as they are noted. Attend monthly coordination meetings with the OWNER. Prepare and distribute minutes of the meetings. Attend two meetings and make presentations to the Lubbock Water Advisory Committee for the Project if desired by the City. All meetings provided for in this Agreement shall occur at the offices of the OWNER, or other location determined by the OWNER. 3. Assist the OWNER with a public information program, including the preparation of exhibits and associated descriptive material. A total of two meetings in Lubbock are included. 4. Provide monthly update reports which include the following: *Status of the work *Major tasks to be completed in the next month •Discussion of major issues •Scope changes to project scope or Engineer's scope •Project budget update (if major changes since the last update) *Project schedule update (if major changes since the last update) •Status of deliverables B. PRELIMINARY DESIGN PHASE: ENGINEER will provide the following as part of the preliminary design phase: 1. Conduct a study of the system to verify system pumping capacity, phasing of the system, preliminary pump selection, and general operating requirements of the pump station. 2. Prepare load studies to support preliminary design of utility power systems by others and to assist in electric utility rate negotiations. Meet with the electric utility companies and OWNER to coordinate electric utility system design and power contracts. FNI Professional Agreement Page 12 of 25 3. Conduct a workshop with OWNER'S staff to discuss layouts, equipment selection, construction material options, operation and maintenance criteria, OWNER'S preferences, and alternatives to be studied. ENGINEER will bring lead designers from the major disciplines to the workshop. 4. Evaluate alternatives and recommend designs for the project facilities, including conceptual pump station floor plan layouts, major equipment selections, piping and valves, flowmeters, surge control systems, building materials, bridge crane, HVAC systems, toilet and janitorial facilities, site road and grading plans, pipeline diameter, pipeline materials, pipeline appurtenances, temporary pumping facilities, preliminary power plan and one -line drawings, P & ID's, and equipment tagging schedules, onsite generators and pump station siting. 5. Reconnaissance -level opinions of probable construction cost for the recommended facilities. 6. Prepare architectural renderings of the outside of the pump station and site. It is anticipated there is one site with two possible locations for the new pump station. 7. Prepare and submit 6 copies of a draft preliminary design report for review by the OWNER. The preliminary design report will include design criteria, codes and standards, evaluation of alternatives, layouts, equipment selections, and cost estimates as described above. The report will also include the project phasing, schedule, permitting requirements, and zoning requirements (if any). 8. Attend a meeting to present the draft preliminary design report. Attend another meeting to receive comments from the OWNER. Make modifications to the report to address the OWNER's comments, and submit 6 copies of the final draft of the preliminary design report. C. FINAL DESIGN PHASE: FNI shall provide professional services in this phase as follows: 1. Obtain and review OWNER -furnished front end documents, general conditions, and special conditions for the construction contracts. Meet with OWNER to review comments, and revise OWNER's standard documents accordingly. 2. Prepare plans, specifications, contract documents, designs, and layouts of improvements to be constructed. 3. Advise OWNER of need for and recommend scope of additional subsurface investigations, special analysis, and the retention of special consultants. The cost of any additional special services shall be paid by OWNER and are not included in the services performed by ENGINEER unless they are included pursuant to Exhibit A —Special Services. 4. Prepare applications for permits including but not limited to road and railroad crossing permits, FNI Professional Agreement Page 13 of 25 building code permitting (if any). ENGINEER will provide supporting documents to the construction contractor(s) for their application of NPDES/TPDES Permitting. Any permitting effort required because of new regulations that become effective after the signing of this contract will be considered additional services. 5. Submit plans, specifications, and contract documents to the applicable federal and state agency(s) for approval, where required. Submittals will include TCEQ and TDLR. 6. Furnish necessary information to utility companies whose facilities may be affected or services may be required for the Project. Provide site civil design of the pump station sites to support the electric utilities site requirements, including site grading, roads, and fencing. The pump station power connection to the electric utility will be on the secondary side of the utility transformer. 7. Level 2 Review: Furnish OWNER six (6) copies of preliminary (60%) plans and specifications marked "Preliminary" for approval by OWNER. ENGINEER will meet with the OWNER to present the preliminary plans and specifications. After OWNER'S review, ENGINEER will meet with OWNER to receive comments. Level 2 review documents will include dimensional layout drawings, plans, sections and elevations of the facilities for all of the trades, typical details, and most special details. The drawings will be in sufficient development to show the overall layouts and design intent, but will lack many notes and minor details. The specifications will include the front end documents and draft specifications for major equipment items. B. Level 3 Review: Furnish OWNER six (6) copies of preliminary (95%) plans, specifications, and bid proposals marked "Preliminary" for approval by OWNER. ENGINEER will meet with the OWNER to present the preliminary plans and specifications. After OWNER'S review, ENGINEER will meet with OWNER to receive comments. Upon final approval by OWNER, ENGINEER will complete the plans and specifications and provide OWNER ten (10) sets of copies of "Final" plans and specifications. Level 3 Review documents will include all drawing sheets and specifications with some minor corrections and notes still remaining. 9. Prepare bidder's proposal forms (project quantities) of the improvements to be constructed. 10. Prepare revised opinion of probable construction cost at the Level 2 and 3 Reviews. FNI Professional Agreement Page 14 of 25 SPECIAL SERVICES: FNI shall render the following special services in connection with The Project: A. GEOTECHNICAL ENGINEERING: FNI will provide geotechnical engineering services as follows: The proposed geotechnical scope of work will consist of field exploration, laboratory testing, engineering analysis and reporting, and design as presented below. Task 1—Field Exploration 1. Select appropriate locations for up to seven (7) exploratory borings for the pump station building, pads and vaults. The Engineer will coordinate with the City and Texas 811 regarding underground utilities within the vicinity of the planned boring locations prior to commencement of the field exploration activities. 2. The Engineer will subcontract with a drilling contractor (Terra Testing, LLC) to drill five (5) borings to a depth of 60 feet for the pump station and two (2) borings to a depth of 25 feet at the proposed transformer pad and meter or valve vault.. a. Subsurface samples will be collected intermittently using 3-inch diameter Shelby tubes for cohesive soils and a 2-inch diameter split -spoon sampler in conjunction with the Standard Penetration Test (SPT) for intermediate and non -cohesive soils. Rock and rock -like materials will be tested in -situ using the TxDOT Texas Cone Penetration (TCP) Test. b. Groundwater observations within the borings will be recorded at the time of drilling and at the completion of drilling and sampling. C. The borings will be backfilled with auger cuttings upon completion of drilling and sampling. 3. Provide an Engineer or Geologist experienced in logging borings to direct the drilling, log the borings, and handle and transport the samples. Visual classification of the subsurface stratigraphy shall be provided according to the Unified Soil Classification System (USCS). Task 2 — Laboratory Testing 1. Testing shall be performed on samples obtained from the borings to determine soil classification and pertinent engineering properties of the subsurface materials. 2. The Engineer will subcontract with a testing laboratory (CMT Engineering, Inc.) to perform the required testing. The Engineer will select samples for laboratory testing, assign tests, and review the test results. 3. Laboratory tests will be appropriately assigned for the specific subsurface materials encountered during exploration, but are expected to include: FNI Professional Agreement Page 15 of 25 a. Classification tests (liquid and plastic limits and percent passing the no. 200 sieve or gradation) b. Gradation Tests c. Moisture content d. Unit dry weight e. Unconfined compressive strength f. One-dimensional swell (with swell pressures) Task 3 — Engineering Analysis and Reporting 1. A geotechnical investigation technical memorandum summarizing the investigation, findings, analysis, and design recommendations will be developed. The analysis and report will include the following: a. Appendix with the boring locations, boring logs, laboratory test results, and a key to the symbols used. b. Discussion of subsurface conditions and soil properties indicated by the field and laboratory work, and the implications for design. C. Foundation recommendations including net allowable bearing capacity for the pump station, transformer pad and vaults. d. Lateral earth pressures for various backfill materials, including materials specifications and compaction requirements. e. General discussion of expected construction related issues. f. Earthwork and site preparation related recommendations for use during development of the plans and specifications. B. HYDRAULIC MODELING: FNI will provide hydraulic modeling services as follows: 1. Kickoff Meeting: Attend kickoff meeting with City. FNI and the City will review assumptions for existing average day and maximum day demands. Discuss projected demands to use for 20-year system curves and overall assumptions (additional improvements constructed, etc.). 2. Utilize the Hydraulic Model to Determine Future Pump Station Sizing and Maximum Flow Rates: FNI will utilize the demands, water system improvements and supply assumptions from the Water Master Plan to develop maximum projected flow rates to assist in pump sizing and selection. 3. Develop System Curves for Existing and 20-year Average Day & Maximum Day Demand Conditions: FNI will utilize the existing system and 20-year scenarios for average day and maximum day demand conditions to prepare system curves for Pump Station #10. FNI Professional Agreement Page 16 of 25 4. Prepare Technical Memorandum on System Curve Development: FNI will prepare a brief technical memorandum summarizing the assumptions used in calculating the maximum flow rate and system curves. C. ASBESTOS ANALYSIS OF EXISTING PS # 10: FNI will retain and monitor and direct, through a subcontract, the efforts of an asbestos survey firm (King Consultants) to provide the following services: 1. Conduct sampling of each suspect material in a random manner to accordance with TDSHS recommended protocol. 2. Quantify materials in a homogenous area. 3. Review any existing asbestos surveys or inspections. 4. Analyze all samples using Polarized Light Microscopy using EPA Method 600. 5. Provide information describing all local, state, and federal government laws as they apply to ACBM. 6. Provide homogeneous area report that includes asbestos containing building materials (ACBM), condition of materials, quantity of materials and estimated abatement cost. D. SURVEYING: FNI will retain and monitor and direct, through a subcontract, the efforts of an survey firm (Hugo Reed) to provide the following services: 1. Topographic Survey of the entire PS 10 site, including Memphis Avenue. 2. Establish 6 control points for use during construction. 3. Establish and mark boundary lines of property. Provide Survey and Flood Certificate as needed for building permit from the City. FNI Professional Agreement Page 17 of 25 TIME OF PERFORMANCE: FNI is authorized to commence work on The Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule: • Notice to Proceed from Owner — Set by Owner after Council approval • Submit Draft Preliminary Design Report —150 days • Submit Final Preliminary Design Report — 45 days after receipt of PDR comments • Submit 60% Level Plans —120 days • Submit 95% Level Plans and Specifications — 90 days • Submit 100% Plans and Specifications — 90 days The above schedule is based upon OWNER review of the preliminary design report and other submittals within two weeks of submittal. If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. In the event FNI asserts that it is entitled to additional time, it shall provide notice to the OWNER as soon as reasonably practicable after the event allegedly causing such delay shall occur ("Delay Event"), but in no event to exceed five (5) business days after the occurrence of the Delay Event. FNI shall use and exercise all diligence to promptly remove or remediate such Delay Event. In the event notice of the Delay Event shall not be provided as prescribed herein, FNI shall not be entitled to relief from schedule as provided in this AGREEMENT. These delays may include but are not limited to delays in OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, except any delays occasioned by subcontracts or sub consultants of FNI, and governmental approvals. These delays may result in an adjustment to compensation. FNI Professional Agreement Page 18 of 25 EXHBIT A, PART 2, ADDITIONAL SERVICES PUMP STATION NUMBER 10 PRELIMINARY DESIGN AND FINAL DESIGN ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by Owner, which are not included in the above described General Service, Basic Services, and Special Services, are, except as may otherwise provided to be performed by FNI, described as follows: A. Field layouts or the furnishing of construction line and grade surveys. B. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by Owner. C. Providing renderings, model, and mock-ups requested by the Owner. D. Making revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approvals or instructions previously given by Owner or 2) due to other causes not solely within the control of FNI. E. Providing consultation concerning the replacement of any Work damaged by fire or other cause during the construction, and providing services as may be required in connection with the replacement of such Work. F. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by Owner. G. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. H. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of FNI Professional Agreement Page 19 of 25 equipment failing the initial test. Preparing Operation and Maintenance Manuals or conducting operator training. Preparing data and reports for assistance to Owner in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. K. Furnishing the services of a Resident Project Representative to act as Owner's on -site representative during the Construction Phase. The Resident Project Representative will act as directed by FNI in order to provide more extensive representation at the Project site during the Construction Phase. Through more extensive on -site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative and assistants, FNI shall endeavor to provide further protection for Owner against defects and deficiencies in the work. Furnishing the services of a Resident Project Representative is subject to the provisions of Article I, D and Attachment RPR. If Owner provides personnel to support the activities of the Resident Project Representative who is FNI or FNI's agent or employee, the duties, responsibilities and limitations of authority of such personnel will be set forth in an Attachment attached to and made a part of this AGREEMENT before the services of such personnel are begun. It is understood and agreed that such personnel will work under the direction of and be responsible to the Resident Project Representative. Owner agrees that whenever FNI informs him in writing that any such personnel provided by the Owner are, in his opinion, incompetent, unfaithful or disorderly, such personnel shall be replaced. L. Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). M. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. FNI Professional Agreement Page 20 of 25 N. Assisting Owner in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. This provision shall not apply to any expense related to a legal action to which FNI is a party. O. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues. P. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. Q. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. R. Services required to resolve bid protests or to rebid the projects for any reason other than fault of any type or degree of FNI. S. Visits to the site in excess of the number of trips included in the General Services, Basic Services, or Special Services for periodic site visits, coordination meetings, or contract completion activities. T. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the Owner. U. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form, except as noted in the scope of services. V. Providing value engineering studies or reviews of cost savings proposed by others. W. Prepurchase or preselection or any alternate contract structure or number of contracts other than FNI Professional Agreement Page 21 of 25 stipulated in Exhibit A — Basic Services. X. Provide any services after the satisfactory conclusion and completion of the General Services, Basic Services, and Special Services of the Project. FNI Professional Agreement Page 22 of 25 EXHBIT A, PART 3, RESPONSIBILITIES OF THE OWNER PUMP STATION NUMBER 10 PRELIMINARY DESIGN AND FINAL DESIGN RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as not to delay the services of FNI: A. Owner recognizes and expects that certain Change Orders, herein so called, may be required. Any responsibility of Engineer for the costs of Covered Changed Orders will be determined on the basis of applicable contractual obligations and professional liability standards. For purposes of this paragraph, the responsibility of Engineer for the costs of Change Orders will not include: • any costs that Owner would have incurred if the Change Order work had been included originally in the Contract Documents and its lack of inclusion was not due, in whole or in part, to any fault, error, or omission of Engineer related thereto, • Any costs that are due to unforeseen site conditions, or • Any costs that are due to changes made by the Owner. a Any costs that are incurred due to the negligence of the construction contractor Wherever used in this document, the term Engineer includes Engineer's officers, directors, partners, employees, agents, and Engineers Consultants. B. Designate in writing a person to act as Owner's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to FNI's services for the Project. C. Provide all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the drawings and specifications. FNI Professional Agreement Page 23 of 25 D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project as provided in this AGREEMENT. E. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. F. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as Owner deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. G. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project, except as otherwise the responsibility of FNI as provided in this AGREEEMENT. H. Give prompt written notice to FNI whenever Owner observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services. I. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit "A," Part 2, if deemed necessary by Owner. I Bear all costs incident to compliance with the requirements of this Exhibit "A", Part 3 K. Provide the following services, unless provided specifically otherwise in this Agreement: a. Provide land acquisition services. b. Pay all permits fees and mitigation cost. c. Provide land title research and title policy. d. Provide advertisement for bids in local publications as required. FNI Professional Agreement Page 24 of 25 EXHIBIT B — BUDGET PUMP STATION NUMBER 10 PRELIMINARY DESIGN AND FINAL DESIGN CITY and ENGINEER have established a not -to -exceed budget of $1,000,000.00 to complete all services under this AGREEMENT. This amount will not be exceeded without a contract amendment. CITY will pay the ENGINEER hourly, for services identified in Exhibit A, based on ENGINEERS Fee Schedule presented as EXHIBIT C. Subconsultant services will be billed at cost to ENGINEER with a 10 percent handling fee. The Budget is presented for the services of ENGINEER under this AGREEMENT are provided in this Exhibit B. CITY and ENGINEER agree to allow redistribution of funds between Tasks as appropriate to allow flexibility in providing the needed services within the not -to -exceed budget. ENGINEER agrees to complete these services as delineated above. Should there be a Change in Scope of Work or Time of Performance, then this can result in an amendment to this contract which shall be negotiated at that time. The budget assumes that all work will be completed within 575 calendar days from the Notice to Proceed. FNI Professional Agreement Page 25 of 25 ATTACHMENT CO COMPENSATION Not to Exceed: Compensation to FNI for Basic Services in Attachment SC shall be computed on the basis of the Schedule of Charges, but shall not exceed One Million Dollars (S1,000,000.00). If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Schedule of Charges - Position Rate Position Rate PRINCIPAL 389 3D VISUALIZATION COORDINATOR 190 GROUP MANAGER 272 ENVIRONMENTAL SCIENTIST VII 243 ENGINEER VIII 295 ENVIRONMENTAL SCIENTIST VI 212 ENGINEER VII 289 ENVIRONMENTAL SCIENTIST V 179 ENGINEER VI 251 ENVIRONMENTAL SCIENTIST IV 156 ENGINEER V 196 ENVIRONMENTAL SCIENTIST Ill 134 ENGINEER IV 179 ENVIRONMENTAL SCIENTIST II 94 ENGINEER III 159 ENVIRONMENTAL SCIENTIST 1 93 ENGINEER lI 150 ARCHITECT VI 214 ENGINEER 1 124 ARCHITECTV 194 ELECTRICAL ENGINEER VI 238 ARCHITECT IV 156 ELECTRICAL ENGINEER V 192 ARCHITECT III 150 ELECTRICAL ENGINEER IV 158 ARCHITECT 11 121 ELECTRICAL ENGINEER III 145 ARCHITECT 1 104 ELECTRICAL ENGINEER II 140 PLANNER V1 226 ELECTRICAL ENGINEER 1 133 PLANNER V 174 MECHANICAL ENGINEER VI 228 PLANNER IV 137 MECHANICAL ENGINEER V 202 PLANNER III 125 MECHANICAL ENGINEER IV 177 PLANNER 1 103 MECHANICAL ENGINEER 111 156 HYDROLOGIST V 196 PROGRAM MANAGER II 233 HYDROLOGIST IV 154 CONSTRUCTION CONTRACT ADMIN III (Manager) 195 HYDROLOGIST 111 142 CONSTRUCTION CONTRACT ADMIN III (Spec. Insp) 160 HYDROLOGIST II 130 CONSTRUCTION CONTRACT ADMIN III (CM) 145 SENIOR GEOLOGIST 152 CONSTRUCTION CONTRACT ADMIN III (RPR) 111 GEOTECHNICAL ENGINEER VI 251 CONSTRUCTION CONTRACT ADMIN 11 (RPR) 126 PUBLIC INVOLVEMENT COORDINATOR 143 CONSTRUCTION CONTRACT ADMIN I (DCS 11) 118 WEB SERVICES ADMINISTRATOR 167 CONSTRUCTION CONTRACT ADMIN I (DCS) 106 WORD PROCESSING/SECRETARIAL 86 DOCUMENT CONTROL CLERK 110 OPERATIONS ANALYST 155 SR DESIGNER 197 CONTRACT ADMINISTRATOR 98 DESIGNER II 168 INFORMATION SERVICES ADMINISTRATOF 85 DESIGNER 1 141 INFORMATION SERVICES CLERK Ill 67 CADD DESIGNER 168 INFORMATION SERVICES CLERK II 63 TECHNICIAN IV 145 INFORMATION SERVICES CLERK 1 62 TECHNICIAN III 115 CO-OP 75 TECHNICIAN 11 96 STORMWATER ENGINEER VII 215 TECHNICIAN 1 74 STORMWATER ENGINEER VI 198 GIS COORDINATOR 148 STORMWATER ENGINEER V 175 GIS ANALYST IV 138 STORMWATER ENGINEER IV 150 GIS ANALYST III 114 STORMWATER ENGINEER III 131 GIS ANALYST II 97 STORMWATER ENGINEER 11 113 GIS ANALYST 1 75 STORMWATER ENGINEER 1 106 Rates for In -House Services Technology Charge $8.50 per hour Travel Standard IRS Rates OTHER DIRECT EXPENSES: Bulk PrintincLand Reproduction Black and White $0.10 per copy Color $0.25 per copy Plot - Bond $2,50 per plot Plot - Color $5.75 per plot Plot - Other $5.00 per plot Binding S0.25 per binding Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. PUMP STATION NUMBER 10 FEE SUMMARY Task/item Cost Markup Total Cost Final Design - Water Transmission $ 569,506.00 0% $ 569,506.00 Final Design - Electrical $ 137,724.00 0% $ 137,724.00 Final Design - Structural $ 115,972.00 0% $ 115,972.00 Final Design - Mechanical $ 28,878.00 0% $ 28,878.00 Final Design - Architectural $ 89,887.00 0% $ 89,887.00 SUBTOTAL $ 941,967.00 Special Services Survey - Hugo Reed $ 6,500.00 10% $ 7,150.00 Geotechnical $ 33,626.00 0% $ 33,626.00 Asbestos Survey -Kin $ 2,000.00 10% $ 2,200.00 Hydraulic Modeling $ 15,057.00 0% $ 15,057.00 SUBTOTAL $ 58,033.00 Total Design Fee I $ 1,000,000.00 I E I Fraeee and Ni hole. kc. 1 Total Basic 56Mc- E4penaea Effort S 21,110 S . S 2,557 $ 3,250 3 1,625 $ 3,450 $ Pump Station Number 10 . Water Transmiaalon 2/8/2015 Detailed Cost Bfeskdown 5.000 ?50 700 14000 3000 Man 29,000 7,550 4.300 3 - S 31,900 S 0.005 S 4.730 $ $ 23,985 Total 9 2 d 3 C 10 Scwe —1 Fea'DM12615 Fee r1—J's, Sp—dii It Water T—esion 9f12015 9 ) | , --------------------�„--®-.®------,...�.----.--.---- ! 7Ele.°°§lelEl9::«;mm�¥y:a::@.:!!«!§§�.§22=G.1m§!::\ 11(-§§222 k� .. .! . -_ -_ -= Z -: _ _ - : _ : -3\ f ) k \ M in F.-- _\-- _-� _ �0�a�kkk)/}\\k kklw\\ -\,}/ ���=a\�i��mo__ „ 2!�ol 0 :ol Fr and Hichnla, Inc. Pump Station No. 10 -Electrical 2/1012015 Detailed Coat Breakdown Pump Station ISC Plan 14 S 119 Meter Plan 14 _ $ 119 _Flaw One-Lme plaglam 16 S 136 I M.¢onnactwn Diagra 1 10 ._._ $ as Interconnection Ciagram II in i 85 Control Schernatics I 10 _ S 85 Schematics II 10_ _ _ _ _ _ _ _ _ 85 _ _Control Equipment Flevauons 12 _ _ _ _ _ _ _ _ _S $ 102 Pump 3 Motor Section 22 $ 187 Panel & Flirt— Schedules 12 $ 102 Delails 6 _ _ _ _ _ _ S 51 Delails 6 _ $ 51 peiads 6 S $1 Dalaas 6_.. _ $ 51 Dual Bank Details 16 $ 136 Relocate Aura Transfer al 10 to another PS $ - Demc So Plan 14 $ 119 Demo Floor Plan 14 y $ 119 Demo One -Una 12 $ 102 Site Plan 20 S 170 _ Flo Pen 16 _ _ _ $ 138 One -Leta Dlagram 16 _ S 136 putt Bank {retails and Sachan 1a $ 153 Details 6 _ � $ 51 PBID Sheets $ - SyMarn Archltecture 22 S 187 Process Dlaglam 30 S 255 Loops 12 $ F02 Loops 6 s 51 S 51 Specilicalions S - D.v 26 _ 36 -- — -- lT _ _ _ $ 306 Ow 40 36 _ $ 306 Miss Eglupmenl Specs- Motor Spec, elo. 24 $ 204 QC 40 3 340 Generator Calculations 4 5 34 Lighling Calculations 14 S 119 Teial Basle Services Items 870 - - - - - - 1,050 11 - To1aI Basic Services Eiiaenaea Effort S 7,403 S - S - S - S - $ - S - $ 694 S 1,144 $ 8 S 137,724 2 d 2 C.1Uw­f,pasktW P5 10 Swp­nd FeetLrAback P8 10 F­Spnndsh­. lxrncN — TO'S Fr-- aM Nrchele, kc. { PS 110 - Struepiral klaai, 3 115 972 11 2/1012015 Spaelal S Detollad Cat Bmkdmn Tata1 Prolect S I15972 nafirc aervrcea Phase Task Employee Totat Labor Tpld Eapersae — P rajecl Role Talak Houn E11en Ellort Total Sub E11ort Total Ethan Hourl Bill Rale 527200 Si96.05 $14500 Preliminary Design 5 S 5 5 Des,grl 4 40 ee 5 8928 S 374 S $ 9.342 CralSng (4 aheetsl 24 _ 24 5 3AB0 S 2. S - S 3, 6A4 QC 4 4 $ 1.089 S 34 3 - 5 1.122 g • 60Y Desgn 3 S S 5 Dral6ne:ign 126 t20 S 23,520 $ 1.020 S - $ 24,540 DrallVnp 120 120 5 17.420 S 1,020 S - 5 16.420 8 5 2.176 S 68 S - S 2 244 S - 3 S g 80% Dc ;in tt2 Deslgn let 5 21.952 $ 952 $ - $ 22.904 Draleng 112 r12 5 16,240 $952 5 - 3 17 .192 OL 4 4 5 1.08E S 34 S - 3 1.122 FinaliisigDesign 3 S S 5 40 40 5 7,840 S 340 S 5 e ,50 M.Mri 40 Orafting 40 5 5.B00 S 34D 5 - 5 5 tA0 OC 4 4 5 1.088 S 34 5 5 3 - S - $ S S S 5 5 $ $ 5 5 $ S S tclal B4 i7 Services Haute 24 312 296 632 S 110.690 5 5.372 S 3 115.972 Tolal Baalc Servlcea La6ar E11ur1 S 6.S26 S 61.152 $42 920 5 S S $ - S 5 S S S S Phase Task Prinl Shop Print Shop Pnm Shop - Pnn1 5hop- Prrnl Shop. Pnnl Shop - Tech C141ge PloheP1011ar- Ploilar- Mlles Binding B8w Color n Band Color Qlhe* 09tiar Other Mal Other Other Tmlf trP EMort Rishmm4ry Design __. -_.—._ S - 44 --..- S _ 374 za S 204 _ S S 12C - ._ S 1.020 —1,020 12D S - S elel Beak Services hems 632 - - - - - - - - - 5ewrlcee Expenara E11ort S S.S72 S - S S - S S - $ S S - S - S - S - S S 5.372 Design Drelnny (4 sheets) fi0'k Destpn Desgn Oraltrrlp T Total Basic 1 W 2 C u1ar,Iv+�M1AaahronW5 10 Scopa nM F-PS 1❑ Slruclrxel Fer_Sprrodahxrt - ,pderN 4IIR015 irwe. and Nichal,, !, - City of Lubbock Pre'ecl Fee Summary Pump Station 10 - bleehanlwl Basic 5 28 B7B 7MR015 Special S - DaWled Coal Brealcdo*rn for 1129 Total Pro *el $20,878 Mato i !Vlpea Ph&" Ta.k Emptcyee cwm s..a� w w•w ru. "+�...' a,,,,�,n Tol,�'fooilbor T*laEElhrt n.e Project Role Total H*un Total Sub E11or1 Total ERaH 1-1*u11 Bill Rat* $17700 $168.00 5202.no $iWuO $197.00 $74.00 Pmrmi0ary Dtwgn Report 6 2 n 5 I.-55 S 9a $ - 5 1.524 P+eammary D*s+gn Rap00 OC I 1 7 5 -' S 17 S 5 416 S $ S _ 5 • Mick-0il mo*tmg 1 1 2 5 374 S 17 $ - $ 391 Daslgn R—ow Meetings I6 mlgs) 5 6 12 S 2244 S 102 S D":gn (3nl60f90 Final) 36 16 _ 54 S 9,918 S 2.659 S - S 12,STf6 Spec+hcauons B ? _ 10 5 1,810 S 65 S - $ 1,895 CAD 40 T2 52 $ 7.608 5 442 S - S 8,050 CC 7 1 8 5 11611 $ 60 _ S $ 1.679 - 5 S S 5 Total Ban, Service. H.— 57 40 8 2 29 12 i49 S 25.42C $ 3A53 5 $ 29.879 Ta1.1 B.,Ic Set 1— Labor Effort S 10 0e9 S 6,720 S 1.616 5 S 394 S 5,713 S Bee S S S 5 S - S Eapeneu Pnnl Shop pnm Shop - Ppnl Shop, Pnn- - Tech Charge Plt Shop Pnnl Shop pant Shop otter- ploti., - Ptonar - MR.. M..Other Other Omer O[har Total Exp Phaaa Ta,k 8intl+ng RdW Colar Band Calor 01h*+ Effort Pr*bminary N.g. Report 5 preliminary Da6+01 Report OC 2 5 17 5 - M+Ck,ett meeting 2 5 17 Desgn P-w Meetng, 15 mlu5) 17 S 1Q'1 pergn I39d6N90 Finali 54 200D 5 2.659 Sp cab— t0 S 85 CAD 52 „T S 442 Cc 8 $ 68 S Total Basic S.rvcam, 2,000 _ - Total BaSrvl*En.e S 1149 $ 2,200 S f*rt ,258 5 S S- S S I or 2 C'U,¢ '. AD,,AWplPS t0 Scope nW Fa01Wbb-k I'Se10 Fee Spraadffi— - I IP- 4l1720T5 FroeNend Nchole, kc. City of Lubbock Projocl Fee Summary PS410 Basic 3 89987 02/1014015 Special S AfchllactusolDetailed Cost Breakdown Total Project 1 89681 Basic Services Ph is Task Employee 1�wr,mu nnae,.. rwa,lya 1 r. uv:,mxn Total Hours TelalLabor Total Expense felalSubElloH Total Effort Project Role $D-RNA. x la�upev wa4 Elloe ENom pcup, Rxrrvq Hcuily 8111Palo S214.00 $214.00 $168.00 $8600 $190.00 Kick -all and CoordmehonMailings 2 6 e S 1,436 3 611 $ 3 1,504 PDRand Prelrmmaryllasgn 4 2 IB 4 26 S 4,316 3 22t S $ 4,537 Rendonng _ 40 40 $ 7.600 3 340 $ S 7940 30'.. Submillal � 6 2 60 / w 12 $ 12,116 $ 612 $ $ 12748 607,Submiltal 30 2 136 1 172 $ 10,040 $ 1,462 3 �• S 31,502 90%Submatal a 4 112 4 126 $ 21,72& S Use $ 1 22,816 Signed and Sealed 4 4 40 48 $ 5432 S 408 S $ 8.840 No ad Phase $ 1 • S 3 - NoCorshucllonPhase S S S S No Renard Documants S $ S $ No Travel or Hotel $ $ 3 $ S $ S $ $ S S S Total Basic Servlca Hours 64 14 370 16 40 4941 1 9i89f 1 f 4,199 f S 89,ae7 Total Beale Services Libor Ell S i S S 11.566 3 2.996 1 62.160 S 1.376 $ 7,600 S S S S S Phil Shop Pnnl Shop Pnnl $hap Pant Shop- Prml Shop Print Shop, dShSAW Toll Eap Phase Task Expenses Tech Charge 9,ndhoing Cator planer Plotter• Planer- Mlles Other Other Other other Other Effort Band Color Other Kick -oil and Coudinalian Meelmgs 6 1 66 PDA and Freeway Design 26_ $ 221 30Y. Submatal 40 S 340 Go'. Submatal 72 S 612 W,submtllal 172 $ 1462 _ Signed and Sealed 126 $ I,Cos No Bid Phase 48 $ 458 No conslruchon Phase $ No Twirl Documents $ rREP S Tell Basic Services trims 494 Total Beek Sari Expenses Eflad f 4.199 S $ $ S f 1 S 5 3 1 S S S n,199 1012 C'lasa&cfDerhlopPS 10 Scope and F-45 le Ncroscwd Fee Spreaadwei 4117015 HUG❑ REED AND ASSOCIATES, INC. 1001 AVENUE N / LUBBOCK, TEXAS 78401 1800-763-56421 FAX 808-763.3891 TEXAS REGISTERED ENGINEERING FIRM F-760 LAND SURVEYORS TEXAS LICENSED SURVEYING FIRM 100076-00 CIVIL ENGINEERS February 6, 2015 Nicholas Lester, P.E. Associate Water Transmission and Utilities - West Freese and Nichols, Inc. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Re: Professional Land Surveying Services for the City of Lubbock Pump Station No. 10 Facility, Lubbock, Texas Dear Mr. Lester: Hugo Reed and Associates, Inc. (HRA) is pleased to submit this proposal to provide professional land surveying services relating to the referenced project. This proposal is intended to describe the general services proposed, the approximate project schedule, and our related fees. SCOPE OF SERVICES Based on the review of the preliminary information received to date, the following is our proposed general scope of services for the referenced project. HRA will perform all services utilizing the customary standard of care for the type of work in the location it is to be performed. HRA cannot be held responsible for circumstances beyond its control that may have a material effect on HRA's ability to perform. HRA is not proposing to perform any other services not specifically outlined herein. GENERAL. TOPOGRAPHIC SURVEY The survey will include: • Grid and additional points sufficient to accurately show existing ground surface and existing site features for the area depicted in attached Exhibit "A", including all of Memphis Avenue paving to the East and extending to the paving on 82nd Street on the South. • Datum to be relative to the Texas Coordinate System of 1983 and NAVD88. • 6 control points will be established for horizontal and vertical control for future construction. • Visible obstructions and objects to include but not be limited to the following: Footprint of all buildings and structures, above ground tanks, valves, manholes, traffic signs, street signs, utility markers, poles, guys, towers, ground transformers • Spot elevations at street intersections and on top of curb, gutter, sidewalk, street centerlines, and edge of paving • Curb PCs, PTs, midpoints, and enough spots to define curves • Sidewalk footprints • Visible irrigation features • Trees of 4" and over (caliper at 3' above ground) and other landscape features. Dense clusters or rows of trees will be indicated by outline rather than individual trees. COL PS-10 Topo Proposal; Page 1 of 4 UTILITIES HRA will initiate a "One -Call" 48 hours in advance of field work for utility locations. HRA will also consult with local utility contacts to have lines marked on site. Existing utilities to include but not be limited to the following: • Municipal - water, sewer, storm sewer, fire protection lines, post indicator valves, culverts, Inlets, fire hydrants, meter boxes, valve boxes, cleanouts, manholes, and catchbasins • Municipal Franchisee - electric, natural gas, phone, cable, street lighting, other • Communications systems, including meters, meter boxes, valve boxes, poles, and guy wires Non -Franchisee — Overland fiber optic, natural gas, raw water transmission. • Private — On -site utilities typically extending from property line to existing building, where marked. • 2D view of utilities on property and adjacent streets, alleys and rights of way. BOUNDARYSURVEY • Establish and mark boundary lines of property (Lot 404 Melonie Park South). Provide Survey and Flood Certificate as needed for building permit from City, Deliverables • Electronic drawing in AutoCAD compatible with Version 2014. • A comma delimited ASCII text file of all points obtained in the following format: POINT #, Northing, Easting, Elevation, Description • One (1) PDF file and three (3) prints of each drawing. SCHEDULE ISSUES HRA proposes to provide the specific deliverables listed herein on the approximate schedule as detailed hereunder. HRA cannot be held responsible for circumstances beyond HRA's control that may have a material impact on HRA's ability to perform the proposed services by the proposed schedule. HRA proposes to deliver the survey in 3 weeks from "notice to proceed". COMPENSATION HRA proposes to provide the services described above as summarized in the table below. HRA may invoice you at monthly intervals based on percentages of the various work categories completed. Payments are due upon receipt. ITEM DESCRIPTION FEE Survey Topographic Survey PS 10 $6,500.00 TOTAL $ 6,500.00 By signing, dating, and returning this proposal (fax acceptable), you are authorizing HRA to proceed in accordance with the terms of this letter. If you have any questions or need any additional information, please do not hesitate to contact us at your convenience. COL PS-10 Topo Proposal: Page 2 of 4 Sincerely, , Accepted, 13y. ` Robby A. CNk opher, LS o, PLS (Signature) Date V. P. Engineering Surveying Nicholas Lester, P.E. Hugo Reed and Associates, Inc. Freese and Nichols, Inc. Cc: File COL P5-10 Topo Proposal: Page 3 of 4 Ofoi* sliml l s,� Proposed F-�' Pump Station Site 4L t 301. PO Irrigatio Welll = l�1 f I:- , 1, ---Jj , 'ink Under Drain Colle "tor to be Relocated V New Trans rrnet Nr I -,- A OWL r o ; 30" JL- 7jV IL Lake Alan Henry 24.. e Supply Line 24"� *A --2�11111111 7 OL Ink = A 361, ,�- i � 00 dk 0 Lr - SCALE IN FEET Freeae .rd xrcl,or, kra. Clty o1 Lubbock Project Fee Summa Pump Station 410-Geoleehnloal Basle 5 33,G26 10-Fti sP.cia! S - Detailed Coat Breakdown Iola! P1apc1 S 33 626 Basic sarvlcaa Phase Task Employee 1meIW..-w J.'r- Ni" E`+o.e. ���- Total Lebo, Total Eapanea project Role Total Haura Eltorl Ellett TOW 5u6 ElloA Total Etlod Hourl BIII Rate $24600 S24600 S$84 OD $16400 St4A 00 S109110 Praiacl SeluWKlckoff Maenng 1 1 2 S 355 5 17 S Cowdlnali-with Utilities antl Srecansuklants 2 4 S 5E8 $ 34 S $ 620 Stake Borings 12 12 S 2,208 $ 512 S S 2.120 Feld Log 13-ngs 42 42 S 7.729 $ 812 $ 9.948 $ Is,488 Auign and Review Lab Testing 2 5 368 S 17 $ 7.119 $ 7,504 _ Oralt and Ravlew Boring Logs 2 4 ^ $ 004 5 51 5 5 855 Engmeanng Maly — and Cafcurbons 2 4 � $ 1,22E $ 51 S - $ 1.279 Tachri Memorandum 4 4 _ _ 4 with Design Engmeers7ptgeu Meelasgs 2 a _CoardmaRon Task Marieemanl 2 4 ______ 6 5 1.228 S 51 $ - S 1,279 2 $ 492 S 17 $ 5 Soo $ S S $ Tolel Basic Semites Hours 3 10 29 59 4 11 92 S 14,99} S 1,562 S 17,067 S 33,82E Total Baal. Service Lobar E11art S 731 S 2.460 S 6.152 S 10.304 $ 592 $ 1,199 S S 5 S S S S Phase Task Expenses Tech Pnnl Shop - Print Shop - Print Shop - Charge Pint Shop- Print Shop - Pam Shop Roster - ploller- Patter - Miles other mding BdW Colo! Band Color Dither Olrter other Dther 0rhsr Total Eap Ellerl Project SetuyKickotr Meeting 1t _ COoid,nalian with Utilities and Subcansvlhrls a - - _ _ _ .__ - _ 5 34 Borings 12 _,. 630 5 512 _Stake F1eld Lag Ba-gs 42 700 $ RI Assign and Res— Lab Testing 2 S 17 Oran and Review Boring Lags 6 _ 5 51 _ Engineabnq Analysis arw Calculations 6 $ 51 Task Mann9nma nr a 5 ST GA7CC 2 $ 7 Total Basic Service. 11e,A 52 - - - - - - 1,330 - - Te1al Basic Sarvicea Eapensee Exorl $ 597 S - S - 5 - $ S S S 964 5 S - 5 - s Phase Task Subconsullants Taira GMT INnma 3) {Nero. 4j Total Suh Ef1on Protect 5etuplKtck.ff Meeting $ Coadrnslion with Uti6oes and S ibcansuktanls $ Slake Borings 5 Log Bonri 0 650 5 - _Field Assign and R.— lab Testing 8,190 S _ 0rax and Review Benno Lags S Fngmeehnq Analysis and Calculations 5 Task Menagamanl 5 Gi 5 Total Basic Siii Sube ens ullants Coal S 11 5 MOD 5 - S - 5 - S S S - S S - S Total Basic Sarvlcas Sub c onau home Ellorl S 9,945 5 71119 $ S 5 - S - S S - S S - 3 E - S 5 17.067 1 .2 C'.rlsersux: . A1WNS 10 Scope a d FoelGeoreci,—V Fao 02 1015(dab) C1i2015 F— and N'icho4. loc City of Lubbock Project Fee Summary Pump Surien No.10 • Hydraulic Modeling Banc S 1 s os7 2MI2015 5pacl.f S - Oetriler! Coat Brq$dorq Total Pro}..I S 15.457 Sasrc services Phew Task Employes aw.wo... a....rrrW,K�� „rdTr sinni•Ii.ran„ r,.,, 1m.,,,. TetEIabor To1oE' Pmi.c[ Rols Total Hours lIort p•n.. Total Sub EffortTotal EIfoH Houd BIII Re1• 525140 517900 SIZ4 co $140 DO 566 C7 I Xrckoll Meeting 2 2 2 6 S i ice 3 5t 5 5 1159 2 illrhze the Illy ir.ulra MA4110 Determine Fulere Pump 4 4 24 32 S 4.616 5 272 $ - S 4.968 Slerun Smng and Maarmum Flow R9re5 ] Develop System Curves for Cutting and My— Average Day & Ma —um Day Demand Candrtmns 4 0 16 26 $ 4.067 S 221 5 $ 4,260 a Develop Brief Technical Memorandum on Puinp Station 4 9 12 2 2 28 S 4.392 t 25' 5 3 4.547 Sizing and System Curve ❑... lapmpnt $ 5 S $ 5 5 S $ - 5 5 3 3 - 5- 3 S 3 3 Total Basic S—rv... Hour. 14 20 54 2 2 92 S 14,259 $ 799 5 S 15,057 Tai.1 Basic Service. Labor Ellen S 3,514 f 3,590 S 6.696 $ 296 S 712 S S 3 5 3 S S S Ph— TaaK EKp4na•a Pnnl Situp - Punt Shop Pnn1 Shcp Tech Charge Pnrtl Shop - Prof SR Print Shop- plrrirnr . Platter 1'i�:lhrr � Eroding Baw Color Mrlas Han Color (Ph— Om4r 01hor Other Cihsr Other Total E. Effort I Krckoll M-ling 6 $ 51 Duhze m0 Hydraulic Modol to Deiermme Fmura Pump 32 $ , 2 S;ai— Smng and MLKiR•Vm Figµ Ra1- 3 Develop System Curves ror Eusang and 20-year Avorega 26 S 221 Day A Maamum Day Gemand Candilions 4 Develop Brief Technical Memorandum on Pump Station 28 5 14D 20 5 Sizing and Sy.lem Curve Development 3 g 5 3 3 - 5 Total Basic S.—... Item. 92 6 100 20 - - - - - - - TGlpi easio 5•rvi... E.P..... Effort $ 792 S 1 5 10 S S. f - 3 - $ - S - $ $ 1 d 2 C u.... —c D, klop'PS +e SCW rind Fa.11161 PS_+0_r•. 6p—dehe.i a. tr2015 FREEAND-02 CDIXON ,a�oRo CERTIFICATE OF LIABILITY INSURANCE P!119/2015 (MYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ames & Gough 8300 Greensboro Drive PHONE 703 FAX (ArC, No, Exl): 827-2277 AIC, No):(703) 827-2279 Suite 980 E-MAIL ames info ADDRESS: info@amesgough.com McLean, VA 22102 INSURER(S) AFFORDING COVERAGE _ NAIC V INSURER A: Travelers Lloyds Insurance Company INSURED INSURER B ; Charter Oak Fire Insurance Company A+ (XV) 25615 Freese and Nichols, Inc. INSURER C:Travelers Indemnity Company 25658 4055 International Plaza, Suite 200 INSURER D : Travelers Casualty & Surety Co. of America A+, XV 31194 Fort Worth, TX76109 INSURER E :Continental Casualty Company (CNA) A(XV) 20443 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR ADDL SUBR LTR TYPE OF INSURANCE _ INSD WVD POLICY NUMBER POLICY EFF POLICY EXP IMMIDDIYYYY)MMIDDlYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS -MADE X OCCUR PACP-3C749897 (TX) 10/23/2014 10/2312015 DAMAGE TO RENTED PREWSES (Ea occurrence} $ 1,000,000 X Contractual Llab. ME EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1 ,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 X POLICY X PEO LOC PRODUCTS - COMPIOP AGG $ 2,000,000 OTHER S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accdent) $ 1,000,000 B X ANY AUTO 81 D1179R51A 10/2312014 10/2312015 8OMLY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED PROPERTY DAMAGE HIREDAUTOS AUTOS (Per accident) $ $ X UMBRELLA LIAR OCCUR EACH OCCURRENCE 3 10,000,000 C EXCESS LIAR CLAIMSMADECUP-4C453408 10/2312014 10/23/2015 AGGREGATE $ 10,000,000 DED X RETENTION $ 10,000 $ WORKERS COMPENSATION X PER OTH- STATUTE ER AND EMPLOYERS' LIABILITY YNN D ANY PROPRIETORIPARTNERIEXECUTIVE N!A UB-3974T65A 10123/2014 10/23/2015 E L EACH ACCIDENT S 1,000,000 OFFiCERIMEMBER EXCLUDED' (Mandatory in NH) —" E L. DISEASE - EA EMPLOYEE 5 1,000,000 If yes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 E Professional AEH 008214422 10123/2014 10/23/2015 Per Claim 5,000,000 E Liability AEH 008214422 10/23/2014 1012312D15 Aggregate 10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) Policy Coverage Continued Commercial General Liability: All Other States (Occurrence Form) Policy Number: 680-3C754140 (AOS) Insurer: Travelers Indemnity Company of Connecticut Policy Effective: 10/23/14 1 Policy Expiration: 10/23115 Policy Limits: Equal to General Liability Policy listed above SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Lubbock Purchasing and Contract Management Office THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1625 13th Street, Room 204 Lubbock, TX 79401 AUTHORIZED REPRESENTATIVE © 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD ACORO AGENCY CUSTOMER ID: FREEAND-02 LOC #: 1 ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Ames & Gough Freese and Nichols, Inc. - SEE PAGE 1 ER 4055 International Plaza, Suite 200 POLICY N Fort Worth, TX 76109 CARRIER NAIL CODE EE PAGE 1 SEE P 1 11 EFFECTIVE DATE: SEEPAGE1 )DITIONAL REMARKS CDIXON Page 1 of 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORAM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsfVehicles: RE: PRELIMINARY AND FINAL DESIGN OF PUMP STATION NUMBER 10 General Liability is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract. Auto Liability, General Liability and Worker's Compensation policies include waiver of subrogation in favor of the certificate holder where permissible by state law and when required by written contract. PL Retro Active Date: 11/01/1965 ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY Policy #: PACP3C749897 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL AUTO Policy p: 8101179R51A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorse„ent and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph AA., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section 11, B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION Ili — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in that "em- ployee's" name, with your permission, while EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: CA T4 20 07 10 © 2010 The Travelers Indemnity Company. All fights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office. Inc. with its permission, COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured'; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Effects cover- age. Page 2 of 3 O 2010 The Travelers Indemnity Company. All rights reserved. CA T4 20 07 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage underthis policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and (2) Any: (a) Overdue lease or loan payments at the time of the "loss (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 07 10 © 2010 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office. Inc. with its permission. AAW TRAVELERS J WORKERS COMPENSATION AND ONEHAR FORD, CT ARE 061 EMPLOYERS LIABILITY POLICY HARTF4RD, Lg' p6183 ENDORSEMENT WC 42 03 04 (A) — 001 POLICY NUMBER: XCUB3974T65A 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. ❑ 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 TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations describe_ 4. Advance Premium: $ SEE SCHEDULE DATE OF ISSUE: 10-23- l 4 ST ASSIGN: Page 1 of 1