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HomeMy WebLinkAboutResolution - 2984 - Agreement - Black & Veatch - Wastewater Storage Facility - 12_15_1988Resolution #2984 December 15, 19R8 Item #25 46 DGV:dw 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 an Agreement by and between the City of Lubbock and Black & Veatch Engineers -Architects for engineering services, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 15th day of December , 1988. ATTEST: Ranette Boyd, City SecretYry APPROVED AS TO CONTENT: sam wane, uirector or water utiilti es APPROVED AS TO FORM: �LLP2�2 ('��+ a 9 Id G. Vandiver, First Assistant City Attorney c f B. C. WMr N, MAYOR PREPARED BY: ENGfNEERiNC DEPARTMENT DATE: l:& �'51 CITY OF LUBBOCK MEMO TO: Larry J. Cunningham, City Manager FROM: Samuel W. Wahl, Director of Water Utilities SUBJECT: Engineering Services Agreement for Design & Construction Management of Treated Effluent Terminal Storage Reservoir DATE: December 09, 1988 Following upon the City Council's approval of the in-house selec- tion committee's recommendation of Black & Veatch Engineers for the subject services, and subsequent authorization for the staff to negotiate with the engineers for an Agreement for such work, the attached Agreement has been developed. This Agreement is the result of negotiations,which began prior to the Council's autho- rization in anticipation of such authorization, being cognizant of the compressed time frame of the seasonal back-to-back Council meetings. As you are aware, the City Council desires to begin preliminary engineering including site investigation work as soon as possible, then continue into final design and construction once the Texas Water Commission determines the actual size requirements of the reservoir during its review and approval of the City's permit application. The proposed location of the reservoir in question has been envisioned on City -owned Land - Application property north of 50th Street and between Loop 289 and Boles Road. However, a thorough investigation of this particular location will be necessary to ensure soil conditions and groundwater depths will permit construction on this particular site. For these reasons, this Agreement has been broken down into three distinct phases. Work under any particular phase will not proceed until the City has authorized the Engineer in writing to proceed. Phase L - Predesign Study and Report. This phase will include: Engineer's review of existing facilities and collect current available data; obtaining services of subcontractors to perform geotechnical services and aerial surveys; evaluating groundwater data; preparing draft reports giving consideration to reservoir location and layout alternatives, earthwork options, liner alternatives, and pump station and piping alternatives; developing probable construction costs and construction schedules. Phase I Compensation will be on a cost plus, not to exceed without authorization basis as follows: Black and Veatch = $41,500 ( Based on 66 man -days of effort) Geotechnical and Aerial/Survey Subs = 37,000 (Based on current envisioned scope of work) Phase I Maximum Billing Limit $78,500 Phase IT - Final Design, Construction Drawings and Specifications Bid and Preconstruction Services. During this phase the Engineer will develop the actual detailed construction drawings and specifications which meet not only the specific needs of the City, but also all requirements of the Texas Water Commission. Upon completion of the drawings and specifications the Engineer will develop revised estimated construction costs and schedules, and assist the City in soliciting and receiving qualified bids for the work. Compensation will be on a cost plus, not to exceed without authorization basis as follows: Black and Veatch = $171,500 ( Based on 384 man -days of effort) Phase II Maximum Billing Limit = $171, 500 Phase II - Construction Phase Services. This phase includes periodic visits to the site during construction, observing field tests of equipment, conducting substantial completion and final inspections, interpret construction documents, and recommend final payment when appropriate. Phase III compensation will be on a cost plus, not to exceed without authorization basis as follows: Black and Veatch ( Based on 140 man -days of effort) Phase I I I Maximum Billing Limit = $88, 600 ypplemental Services All work requested by the City that is not included in one of the above three phases will be classified as supplemental services. Such services may include Engineer's attendance at public hearings or before special boards (other than City Council) value engineering services, additional geotechnical or aerial/survey services beyond those envisioned under the present scope of work, archaeological surveys, etc. For supplemental services, an hourly fee for Engineer's personnel times a multiplier for overhead and profit will be established and approved by the City before work is started, and the amount billed for such work will not exceed the amount established without further authorization. These Engineering Services and compensation for same are considered to be reasonable and generally acceptable for a project of this size, magnitude of potential liabilities, and complexity of construction and operations. It is my recommendation that the contract for the Engineering Services be approved. amuel W. Wahl Director of Water Utilities 1Gi uv, GO 11 ctu D,...v VnDDnD Ltit� t 1 t BLACK & V E A T C H ENGINEERS -ARCHITECTS TEL. 1214► 770-I500 S72a L.®j FREEWAY. SUITE 400 DAL&.AQ, TCXAA 79240 MAi LING] AQQRr-50. r O 100 C 002004 DALLAS. TEXAS 75380 FACSIMILE TRANSMISSION REQUEST DO NOT STAPLE OFFICE: p Q DATE • NUMBER OP PAGES: TRANSMIT TO: NAME COMPANY el TELEPHONE NUMBER OF RECEIVING EQUIPMENT _ FROM / // /` 62 / r TIME: (INCLUDING THIS PAGE) PROJECT NUMBER iY' PHASE S�G� NOTE TO RECEIVING OPERATOR: IF YOU HAVE A PROBLEM RECEIVING THIS -TRANSMITTAL. PLEASE CONTACT BARBARA KtSTNER AT (214) 770-1550. THANKSIII /7/ Resdlution #2984 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, between the City of Lubbock, Texas (hereinafter referred to as Owner) and Black & Veatch Engineers -Architects (hereinafter referred to as Engineer); WITNESSETH: WHEREAS, Owner intends to add a new Terminal Storage Reservoir, Effluent Pump Station, and Miscellaneous Piping at the existing land application site (hereinafter referred to as the Project); and, WHEREAS, Owner requires certain professional services in connection with the Project (hereinafter referred to as the Services); and, WHEREAS, Engineer is prepared to provide such Services; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be ARTICLE 2 - SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Services described in Attachment A, Scope of Services, which is attached hereto and incorporated by reference as part of this Agreement; and as described in Engineer's proposal dated November 4, 1988, and the Owner's Request for Proposals RFP 9958, all of which are incorporated by reference as part of this Agreement. The Scope of Services described for the Final Design, Construction Phase, and Supplemental Services in Attachment A may be modified by subsequent amendments to this contract to authorize changes when additional infor- mation is known about the engineering services required to complete these phases. ARTICLE 3 - COMPENSATION Owner shall pay Engineer in accordance with Attachment B, Compensation, which is attached hereto and incorporated by reference as part of this Agreement. Compensation described in Attachment B for the Final Design, Construction Phase, and Supplemental Services may be modified by subsequent amendments to this contract to authorize changes when additional information is known about the engineering services required to complete these phases. C-1 ARTICLE 4 - STANDARD OF CARE Engineer shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional engineer under similar circumstances and Engineer shall, at no cost to Owner, re -perform services which fail to satisfy the foregoing standard of care. ARTICLE 5 - LIMITATIONS OF RESPONSIBILITY Engineer shall not be responsible for actual construction means, methods, techniques, sequences, procedures, or safety precautions and programs used in connection with the Project by construction contractor. Engineer shall assist the Owner in the administering of its construction contracts with any contractor, subcontractor, vendor,or other project participant in order to fulfill contractual or other responsibilities to the Owner or to comply with federal, state, or local laws, ordinances, regulations, rules, codes, orders, criteria, or standards. ARTICLE 6 - OPINIONS OF COST AND SCHEDULE Since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, Engineer's cost estimates shall be made on the basis of qualification and experience as a professional engineer. Since Engineer has no control over the resources provided by others to meet contract schedules, Engineer's forecast schedules shall be made on the basis of qualification and experience as a professional engineer. Engineer cannot and does not guarantee that proposals, bids or actual project costs will not vary from his cost estimates or that actual schedules will not vary from his forecast schedules. ARTICLE 7 - LIABILITY AND INDEMNIFICATION 7.1 General. Having considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promises included herein, Owner and Engineer agree to allocate such liabilities in accordance with this Article 7. Words and phrases used in this Article shall be interpreted in accordance with customary insurance industry usage and practice. 7.2 Indemnification. Engineer agrees to defend, indemnify, and hold Owner whole and harmless against all claims for damages, costs, and expenses of persons or property that may rise out of, or be occasioned by, or from any negligent act, error, or omission of Engineer, or any agent, servant, or employee of Engineer in the execution or performance of this Contract. 7.3 Defense of Claims. In the event an action for damages is filed in which negligence is alleged on the part of Owner and Engineer, Engineer agrees to defend Owner. In the event Owner accepts Engineer's defense, Owner agrees to indemnify and reimburse Engineer on a pro rata basis for all expenses of defense and any judgment or amount paid by Engineer in C-2 resolution of such claim. Such pro rata share shall be based upon a final judicial determination of negligence or, in the absence of such determi- nation, by mutual agreement. 7.4 Employee Claims. Engineer shall indemnify Owner against legal liability for damages arising out of claims by Engineer's employees. Owner shall indemnify Engineer against legal liability for damages arising out of claims by Owner's employees. 7.5 Limitations of Liability. To the fullest extent permitted by law, Engineer's total liability to Owner for any and all injuries, claims, losses, expenses or damages arising out of or in any way related to the Project or this Agreement from any cause or causes including but not limited to Engineer's negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the minimum amounts required by Article 10 of this Agreement. 7.6 Other Project Indemnities. Indemnity provisions shall be incorporated into all Project contractual arrangements entered into by Owner and shall protect Owner and Engineer to the same extent. 7.7 Survival. Upon completion of provided for in this Agreement, or Agreement for any reason, the terms survive. 11 services, obligations and duties n the event of termination of this and conditions of this Article shall ARTICLE 6 - INDEPENDENT CONTRACTOR Engineer undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. Owner shall have no right to supervise the methods used but Owner shall have the right to observe such performance. Engineer shall work closely with Owner in performing Services under this Agreement. ARTICLE 9 - COMPLIANCE WITH LAWS In performance of the Services, Engineer will comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. Engineer shall procure the permits, certificates, and licenses necessary to allow Engineer to perform the Services. Engineer shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A, Scope of Services. ARTICLE 10 - INSURANCE Prior to the time Engineer is entitled to commence any part of the services under this Contract, Engineer shall procure, pay for, and maintain the following insurance written by companies licensed in the State of Texas or meeting surplus lines requirements of Texas law and acceptable to Owner.. The insurance shall be evidenced by delivery to Owner of (1) certificates of insurance, executed by the insurer, listing coverage and limits, expiration date and term of policy, and certifying that the insurer is licensed to do C-3 business in Texas or meets the surplus lines requirements of Texas law, and (2) a certified copy of each policy, including all endorsements. The insurance requirements shall remain in effect throughout the term of this Contract. A. Comprehensive General Liability Insurance The Engineer shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury and $300.000 Property Damage per occurrence to include: Premises and Operations Explosion and Collapse Hazard Underground Damage Hazard Products and Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The Owner is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Comprehensive Automobile Liability Insurance The Engineer shall have Comprehensive Automobile Liability Insurance with limits of not less than: Bodily Injury $250/$500,000 Property Damage $100,000 to include all owned and non -owned cars including Employers Non -ownership Liability Hired and Non -owned vehicles The Owner is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. C. Excess or Umbrella Liability Insurance The Engineer shall have Excess or Umbrella Liability Insurance in the amount of $5,000,000 with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. The Owner is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Worker's Compensation and Employer's Liability Insurance As required by State statute covering all employees whether employed by the Engineer or any Subcontractor on the job with Employer's Liability of at least $100,000 limit. E. Professional Liability Insurance (including errors and omissions) with minimum limits of $5,000,000 per claim. C-4 Engineer shall furnish Owner certificates of insurance which shall include a provision that such insurance shall not be cancelled without at least thirty days written notice to Owner. All Project contractors shall be required to include Owner and Engineer as additional insureds on their General Liability insurance policies. ARTICLE 11 - OWNER'S RESPONSIBILITIES Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 12 - REUSE OF DOCUMENTS All documents, including drawings, specifications, and computer software, prepared by Engineer pursuant to this Agreement are instruments of service in respect to this Project. They are not intended or represented to be suitable for reuse by Owner or others on extensions of this Project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Engineer. ARTICLE 13 - AMENDMENT, TERMINATION, AND STOP ORDERS This Contract may be altered or amended only by mutual written consent and may be terminated by the Owner at any time by written notice to the Engineer. Upon receipt of such notice, the Engineer shall, unless the notice directs otherwise, immediately discontinue all work in connection with the performance of this Contract and shall proceed to cancel promptly all existing orders insofar as such orders are chargeable to this Contract. The Engineer shall submit a statement showing in detail the work performed under this Contract to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed fee which applied to the work actually performed under this Contract, less all payments that have been previously made. Thereupon, copies of all completed work accomplished under this Contract shall be delivered to the Owner. The Owner may issue a Stop Work Order to the Engineer at any time. Upon receipt of such order, the Engineer is to discontinue all work under this Contract and cancel all orders pursuant to the Contract, unless the order otherwise directs. If the Owner does not issue a Restart Order within 60 days after receipt by the Engineer of the Stop Work Order, the Engineer shall regard this Contract terminated in accordance with the foregoing provisions. ARTICLE 14 - NONDISCLOSURE OF PROPRIETARY INFORMATION Engineer shall consider all information provided by Owner to be proprietary unless such information is available from public sources. Engineer shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of Owner or in response to legal process. C-5 ARTICLE 15 - NOTICE Any notice, demand, or request required by or made pursuant to this Agreement shall be deemed properly made if personally delivered in writing or deposited in the United State mail, postage prepaid, to the address specified below. To Engineers Black & Veatch, Engineers -Architects P. 0. Box 802004 Dallas, Texas 75380-2004 Attention: Mr. W.E. Carroll To Owner: City of Lubbock Water Utilities P.O. Box 2000 Lubbock, Texas 79457 Attention: Mr. Dan A. Hawkins Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Engineer and Owner. ARTICLE 16 - UNCONTROLLABLE FORCES Neither Owner nor Engineer shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrol- lable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either Owner or Engineer under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint. Neither party shall, however, be excused from performance if nonperformance is due to uncontrollable forces which are removable or remediable and which the nonperforming party could have, with the exercise of reasonable dili- gence, removed or remedied with reasonable dispatch. The provisions of this Article shall not be interpreted or construed to require Engineer or Owner to prevent, settle, or otherwise avoid a strike, work slowdown, or other labor action. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obliga- tions of this Agreement. ARTICLE 17 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas. Any suit brought to enforce any provision of this Agreement or for construction of any provision thereof shall be brought in Lubbock County. C-6 ARTICLE 18 - MISCELLANEOUS 18.1 Nonwaiver. A waiver by either Owner or Engineer of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. 18.2 Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void. ARTICLE 19 - INTEGRATION AND MODIFICATION This Agreement represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by each of the Parties. ARTICLE 20 - SUCCESSORS AND ASSIGNS Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this Agreement. ARTICLE 21 - ASSIGNMENT Neither Owner nor Engineer shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the other, except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Engineer from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of the Services hereunder. 20.1 Subcontracts. No work herein called for by the Engineers shall be subcontracted or assigned without prior written approval of the Owner for C-7 such subcontract, including a detailed budget estimated with specific cost details for each item of the work to be performed by the subcontractor and for each category of subcontractor expense, to include (1) salaries and wages, (2) fringe benefits, (3) travel, (4) expendable supplies, (5) technical. computer, and miscellaneous services, (6) communications, (7) reproduction, (8) overhead, and (9) profit. The subcontracts shall conform to the terms of this Contract and include provisions which require subcontractor compliance with Owner Rules. ARTICLE 22 - THIRD PARTY RIGHTS Nothing herein shall be construed to give any rights or benefits to anyone other than Owner and Engineer. IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF LUBBOCK. TEXAS C By �. � ,�h6&z&December 1.5, 1.98P (Date) Title Mavor Attest BLACK &—VEATCH ENGINEERS -ARCHITECTS By 1%W Title P rAveA_' (Date) Attest •� C-8 ATTACHMENT A TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Terminal Storage Reservoir, Effluent Pump Station, and Miscellaneous Piping DESCRIPTION OF SCOPE OF SERVICES The scope of services for this wastewater utility improvement project is as follows. Work under any particular phase will not proceed until Owner has authorized Engineer in writing to proceed. PHASE 1. PREDESIGN STUDY AND REPORT A. Attend City Review Committee Meetings. Attend three meetings in Lubbock with City Review Committee to discuss the project. B. Coordinate with State Agency. Attend three meetings in Austin with Texas Water Commission staff to discuss the project. C. Field Data and Site Surveys. 1. Review existing plans and facilities to collect data for evaluation during the predesign'study. 2. Obtain services of subcontractors to perform geotechnical services and aerial surveys. Geotechnical services shall include borings, laboratory tests, and recommendations for alternative methods of liner and slope protection of the reservoir. Aerial surveys shall verify location of existing facilities, verify ground topography, and establish horizontal and vertical control points. 3. Coordinate with Owner's consultant concerning existing groundwater data at the site. D. Prepare Predesign Report. 1. Prepare draft report giving consideration to reservoir location and layout alternatives, drainage alternatives at the existing playa lake (if required), earthwork (cut/fill) options, liner and slope protection alternatives, pump station and piping alternatives, and sludge removal options. Perform internal quality control review of draft report. A-1 2. Develop preliminary opinion of probable construction costs and preliminary construction schedule for the recommended project plan. 3. Submit draft report (five copies) to Owner for review and comment. 4. Make any necessary modifications after Owner and Texas Water Commission review and comment and submit ten copies of final report to Owner. PHASE 2. FINAL DESIGN, CONSTRUCTION DRAWINGS AND SPECIFICATIONS BID AND PRECONSTRUCTION SERVICES The following facilities are anticipated to be included in the design work and form the basis for establishing the scope of the project and design effort for this phase. • Reservoir Single or multi -cell layout, lined, slope protection included. 4 Playa Lake Restructured by expanding to north, if required. • Piping Influent to reservoir, bypass around reservoir to pump station, reservoir effluent to north system pump station, reservoir effluent to new south system pump station, and pump station discharge to north and south irrigation systems. • Pump Station Enclosed metal building, pumps for south irrigation system, space provided for north system pumps in future, heat and ventilation, and local electrical controls. Remote instrumentation and alarms are not included. A. Preliminary and General Items 1. Participate in three meetings in Lubbock with the City Review Committee throughout the design phase to review progress and exchange ideas and information. 2. Attend three meetings in Austin to discuss project with Texas Water Commission. A-2 B. Design Memorandum 1. Prepare a detailed design memorandum and preliminary drawings as required to supplement Predesign Report, to establish agreement on scope, parameters, performance requirements, and project approach. Submit five copies to Owner for review. 2. Meet with Owner and secure Owner's comments on the design memorandum and preliminary drawings. Resolve any questions, revise documents if necessary, and resubmit five copies to Owner. 3. Submit the design memorandum to the state regulatory agency. 4. Update and distribute the design memorandum periodically as required during the design phase. C. Geotechnical Services If additional geotechnical services are required for design purposes, they will be provided under Supplemental Services. D. Construction Drawings and Specifications 1. Prepare detailed drawings and specifications for the proposed construction work and for all equipment required. 2. Work will be performed in two construction contracts. 3. Prepare an opinion of probable construction cost for the proposed work covered by the drawings and specifications. 4. Provide three sets of drawings and specifications to the Owner for review at 60 percent and after documents (the documents for a contract) are completed to the point where the final formal review processes by the Owner and agencies can begin. 5. Following the review of the completed documents (the documents for a contract), meet with the Owner to discuss them and to resolve any questions. 6. After the conference with the Owner, make any necessary modifi- cations and submit three sets of revised detail drawings and specifications to state agency for review and two sets to Owner for record. 7. After receipt of agency review comments and Owner's second review comments, revise if necessary and resubmit if necessary three sets to state agency and two sets to Owner. 8. Upon completion of the review of the drawings and specifications, review the opinion of probable construction cost and revise and expand as required. A-3 9. Prepare Bid Forms and preliminary Invitation to Bid form. E. Permits Acquisition Assistance to the Owner in obtaining permit approvals is not anticipated for this project. G. Preaward Services 1. Review the construction contract drawings and specifications for completeness, bidability, and constructability. 2. Identify and supply list of potential contractors and suppliers to Owner. 3. Supply to Owner one reproducible set of construction contract drawings and specifications for Owner to reproduce and issue to prospective bidders. 4. Attend, at a date and time selected and a place provided by Owner, a pre -bid conference to: a. Instruct prospective bidders and suppliers as to the types of information required by the contract documents and the format in which bids should be presented. b. Review special project requirements and contract documents in general. 5. Interpret construction contract drawings and specifications, and provide written responses to questions from bidders requiring clarifications during the bidding period. Prepare and supply to Owner one reproducible copy of addenda to the construction contract documents when required. 6. Review bids for completeness and conformity to the construction contract documents. 7. Review the questionnaire to determine the acceptability of materials and equipment submitted by the apparent successful bidder when the review is required by the bidding documents subsequent to bid opening and prior to award of contract. 8. Evaluate bids, and make written recommendations to the Owner concerning contract award. PHASE 3. CONSTRUCTION PHASE SERVICES By making periodic visits, reviewing drawings and data submitted by Contractor, making periodic visits, observing field tests of pump equip- ment, conducting substantial completion and final inspections, Engineer A-4 shall not have authority or responsibility to supervise, direct, or control Contractor's work or Contractor's means, methods, techniques, sequences, or procedures of construction. Engineer shall not have authority or responsi- bility for.safety precautions and programs incident to Contractor's work. Specific services to be performed by Engineer are as follows: 1. At a date and time selected by the Owner and at a facility provided by the Owner, attend a preconstruction conference. Engineer shall prepare an agenda for the conference, and prepare and distribute minutes. The preconstruction conference shall include a discussion of Contractor's tentative schedules, proce- dures for transmittal and review of Contractor's submittals, processing payment applications, critical work sequencing, change orders, record documents, and Contractor's responsibilities for safety and first aid. 2. Review and comment on the Contractor's initial and updated construction schedule and advise Owner as to acceptability. 3. Analyze Contractor's construction schedule, activity sequence, and construction procedures as applicable to Owner's ability to keep existing facilities in operation. 4. Review the Contractor's initial and updated schedule of estimated monthly payments and advise Owner as to acceptability. 5. Make periodic visits to the construction site to observe progress of the work, and consult with the Owner and Contractor concerning problems and progress of the work. A total of 24 visits are anticipated. 6. Review drawings and other data submitted by Contractor as required by the construction contract documents. Engineer's review shall be for general conformity to the construction contract drawings and specifications for the project and shall not relieve the Contractor of any of his contractual responsi- bilities. Such reviews shall not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions and programs incident thereto. 7. Receive and review guarantees, bonds and certificates of inspec- tion, and tests and approvals which are to be assembled by the Contractor in accordance with the construction contract documents and transmit them to owner. 8. Interpret construction contract drawings when requested by the Owner or Contractor. 9. Review Contractor's requests for change orders, including appli- cations for extension of construction time as requested by owner. Evaluate the cost and scheduling aspects of all change orders. A-5 10. Upon completion of the project, revise the construction contract drawings to conform to the construction records. Submit one copy of the mylars. 11. Act as initial arbiter on all claims of Owner and Contractor relating to the acceptability of the work or the interpretation of the requirements of the construction contract documents pertaining to the execution and progress of the work. 12. Upon substantial completion, inspect the construction work and prepare a listing of those items to be completed or corrected before final completion of the project. Submit results of the inspection to Owner and Contractor. 13. Upon completion or correction of the items of work on the punch list, conduct a final inspection to determine if the work is completed. Provide written recommendations concerning final payment to Owner, including a list of items. if any, to be completed prior to the making of such payment. 14. Establish and furnish Contractor with necessary base lines and control points which will be used as datum for the work. Actual construction staking will be done by the Contractor. 15. Observe field tests of pump equipment during periodic site visits and review the resulting field service reports submitted by Contractor, commenting to Owner as appropriate. PHASE 4. SUPPLEMENTAL SERVICES A. Any work requested by the Owner that is not included in one of the items listed in any other phase will be classified as supplemental services. B. Supplemental services shall include, but are not limited to: 1. Additional meetings with local, State, or Federal agencies to discuss the project. 2. Appearances at public hearings or before special boards. 3. Supplemental engineering work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this agreement. 4. Special consultants or independent professional associates requested or authorized by the Owner. A-6 5. Assistance with bid protests and rebidding, preparation for litigation, arbitration or other legal or administrative proceedings, and appearances in court or at arbitration sessions. 6. Additions to an engineering report to update or revise final recommendations. 7. Revisions of design, drawings, and specifications arising out of Value Engineering, City Review Committee, or State agency review which cause changes in the general scope, extent or character of the project, including but not limited to changes in size, complexity, Owner's schedule, character of construction, or method of financing. 8. Value Engineering reviews and services. 9. Provision, through a subcontractor, of land and property surveys and property descriptions, including legal property description, as required by the project. 10. Provision, through a subcontract, of additional aerial photography as requested or approved by the Owner, and not included in the original Predesign Study and Report phase. 11. Provision, through a subcontract, of photographs or video tapes of the construction site, topographic and infrastructure features along pipelines or access roads prior to and following completion of construction. 12. Provision, through a subcontract during the Final Design Phase, of additional geotechnical engineering services including exploratory work, laboratory and field testing, and professional guidance in tests to be made and initial geotechnical report by a qualified geologist or geotechnical firm interpreting the data on the exploratory work and testing. 13. Provision of an environmental assessment report and/or environmental impact statement as requested by the Owner or required by review agencies. 14. Provision, through a subcontract, of an archaeological study and report on the construction site. 15. Provision, through a subcontract, of archaeological consultations regarding artifacts that may be uncovered during construction. 16. Provision, through a subcontract, of laboratory and field testing required during construction and any special reports or studies on materials and equipment requested by the Owner. A-7 17. Observation of factory tests and/or field retesting of equipment that fails to pass the initial test. . 18. Visits to the construction site or to the Owner's location in addition to the number of such trips and the number of man-hours in connection with them set out in other parts of the contract scope. 19. Receiving wage rate information submitted by the Contractor and submitting the wage rate information to the Owner. 20. Assistance in the closing of any financial or related transaction for the project. 21. Special reports as requested by the Owner concerning facilities operation and personnel matters during the operation initiation period. 22. Where field conditions are encountered which differ from the conditions shown on the construction contract documents or soil borings, or as otherwise required, preparation of sketches of construction work for approval by the Owner, to supplement the drawings and specifications as may be required; and provision of redesign or relocation information if requested by underground obstruction, utilities, or other conditions. 23. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by Contractor; and services after the award of each contract in evaluating and determining the acceptability of substitutions proposed by the Contractor. 24. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of material, equipment, or energy shortages. 25. Additional or extended services during construction made neces- sary by (1) work damaged by fire or other cause during con- struction, (2) a significant amount of defective or neglected work of any Contractor, (3) acceleration of the process schedule involving service beyond normal working hours, (4) default by any Contractor, and (5) failure of the Contractor to complete the work within the construction contract time. 26. Special services in connection with any partial utilization of any part of the project by Owner prior to Substantial Completion which require the Resident Project Representative to work addi- tional hours or require additional onsite personnel. A-8 27. Evaluation of unusually complex claims or an unreasonable or extensive number of claims submitted by Contractor or others in connection with the work. 28. Provision of the following preaward services: Assist Owner in placing advertisements for the Invitation to Bid, distribute copies of Invitation to Bid to potential bidders, distribute bid documents to potential bidders, maintain record of prospective bidders to whom bid documents have been issued, receive deposits for bid documents and credit Owner for the bid document deposits, distribute addenda to bidders, attend bid opening, prepare bid tabulation, prepare and distribute sets of construction contract drawings and specifications to the successful bidder, prepare and distribute conforming copies of the construction contract documents to Contractor and Owner. 29. Provision of the following construction phase services: Review of Contractor's insurance certificates, review of Contractor's payment requests, and negotiation of price with Contractor on change orders. 30. Services for resident project representative as outlined in Article C of this phase. C. Supplemental Services For Resident During Construction Engineer will furnish a full-time Resident Project Representative . The Resident Project Representative will observe the Contractor's work and perform the services listed below. The Resident Project Representative shall not have responsibility for the superintendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of the Engineer. This service will in no way relieve the Contractor of complete supervision of the work or the Contractor's obligation for complete compliance with the drawings and specifications. The Contractor shall have sole responsibility for safety and for maintaining safe practices and avoiding unsafe practices or conditions. Specific services performed by the Resident Project Representative are as follows: A. Site Observations and Liaison with Owner and Contractor(s) 1. Conduct onsite observations of the general progress of the work to assist Engineer in determining if the work is proceeding in accordance with the construction contract documents. 2. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent, and assist Engineer in providing interpretation of the construction A-9 contract documents. Transmit Engineer's clarifications and interpretations of the construction contract documents to Contractor. 3. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's onsite operation. 4. As requested by Engineer, assist in obtaining from Owner additional details or information when required at the jobsite for proper execution of the work. 5. Consult with the Owner and the Contractor, giving opinions and suggestions based on his (Resident Project Representative"s) observations regarding defects or deficiencies in the Contractor's work and relating to compliance with drawings, specifications, and design concepts. 6. Advise Engineer and Contractor or its superintendent immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been accepted by Engineer. 7. Monitor changes of apparent integrity of the site (such as differing site conditions, existing structures, and site -related utilities when such utilities are exposed) resulting from construction -related activities. 8. Observe pertinent site conditions when Contractor maintains that differing site conditions have been encountered and document actual site conditions. Review and analysis of Contractor claims for differing site conditions are supplemental services. 9. Contact utilities in the general construction area and advise them of Contractor's schedule. Assist in coordinating scheduling of utility activities as so to minimize conflicts with Owner's activities. 10. Visually inspect materials, equipment, and supplies delivered to the worksite. Reject materials, equipment, and supplies which do not conform to the construction contract documents. 11. Coordinate onsite materials testing services during construction. Copies of testing results will be forwarded to Owner for review and information. A-10 B. Outside Liaison 1. Accompany visiting inspectors representing public or other agencies having jurisdiction over the project. Record the results of these inspections and report to Engineer. C. Meetings, Reports, and Document Review and Maintenance 1. Attend the preconstruction conference, and assist Engineer in explaining administrative procedures which will be followed during construction. 2. Prepare for and attend monthly progress meetings, and other meetings when deemed necessary, with the Owner and Contractor to review and discuss construction procedures and progress scheduling, engineering management procedures, and other matters concerning the project. 3. Submit to the Owner weekly construction progress reports containing a summary of the Contractor's progress, general conditions of the work, problems, and resolutions or proposed resolutions of problems. 4. Review the progress schedule, schedule of shop drawings submissions, and schedule of values prepared by Contractor and consult with Engineer concerning their acceptability. 5. Report to Engineer whenever work is known to be defective, or does not meet the requirements of any inspections, tests or approval required to be made, or has been damaged prior to final payment, and advise Engineer when the work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or approval. 6. Review applications for payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations to Engineer, noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered at the site but not incorporated into the work. 7. Record date of receipt of shop drawings and samples. Receive samples which are furnished at the site by Contractor, and notify Engineer of their availability for examination. 8. During course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually A-11 installed; and deliver this material to the Engineer for his review and forwarding to Owner prior to final acceptance of the work. 9. Maintain a marked set of record drawings and specifications at the jobsite based on data provided by the Contractor. This information will be combined with information maintained by the Contractor and a master set of record documents produced. 10. Review certificates of inspections, testings, and related approvals submitted by the Contractor in compliance with or required by laws, rules, regulations, ordinances, codes, orders, or the Contract Documents (but only to determine that their content complies with the requirements of, and results certified indicate compliance with, the construction contract documents). This service is limited to a review of items submitted by the Contractor and does not extend to a determination of whether the Contractor has complied with all legal requirements. 11. Maintain the following documents at the jobsite. a. Correspondence files. b. Reports of job conferences, meetings, and discussions among the Engineer, Owner, and Contractor. C. Shop drawings and samples submissions. d. Reproductions of original construction contract documents. e. Addenda. f. Change orders. g. Field orders. h. Additional drawings issued subsequent to execution of the construction contract documents. i. Engineer's clarifications and interpretations of the construction contract documents. J. Progress reports. k. Names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. A-12 12. Maintain a daily diary or log book of events occurring at the jobsite, including the following information: a. Contractor's hours on the jobsite. b. Contractor and subcontractor personnel on jobsite. C. Construction equipment on jobsite and hours of use. d. Observed delays and causes. e. Weather conditions. f. Data relative to questions of extras or deductions. g. List of visitors. h. Daily activities. i. Decisions. J. Observations connected with the progress of the work. k. Materials received on jobsite. The diary or log book shall remain the property of the Engineer. D. Assistance in Certification of Substantial Completion 1. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. 2. Assist Engineer in conducting final inspection in the companies of Owner and Contractor, and prepare a final list of items to be completed or corrected. 3. Verify that all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance. A-13 ATTACHMENT B TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Terminal Storage Reservoir, Effluent Pump Station, and Miscellaneous Piping COMPENSATION For the services covered by this Contract, the Owner agrees to pay the Engineer as follows: A. For Predesign Study and Report, an amount equal to the Engineer's payroll costs times 2.2 plus reimbursable expenses and subcontract billings times 1.10. The maximum billed for these services shall not exceed $ 78,500, based on 66 man -days of effort by Engineer and subcontract billings of $37,000, without further authorization. B. For final design, construction drawings and specifications and preaward services, an amount equal to the Engineer's payroll costs time 2.2 plus reimbursable expenses and subcontract billings times 1.10. The maximum billed for these services shall not exceed $ 171,600, based on 384 man -days of effort by Engineer, without further authorization. C. For construction phase services, an amount equal to the Engineer's payroll costs times 2.2 plus reimbursable expenses and subcontract billings times 1.10. The maximum billed for these services shall not exceed $ 88,600, based on 140 man -days of effort by Engineer, without further authorization. D. For supplemental services: D-1. For supplemental services other than resident services during con- struction, an hourly fee for Engineer's personnel as listed in this paragraph plus reimbursable expenses and subcontract billings times 1.10. Each item of supplemental services shall be established before the work is started. The amount billed for each item of supplemental services shall not exceed the amount established for it without further authorization. Additional amounts for supplemental services may Jbe authorized, if necessary, as the work progresses. Hourly fees listed herein for Engineer's personnel will apply until November 26, 1989, and shall be changed annually on November 27 to agree with salary changes for the upcoming 12 month time period. B-1 Personnel Designation Clerk Drafter Technician Staff Engineer Civil Electrical Project Engineer, P.E. Fee ($/hr.) $ 25.00 30.00 45.00 50.00 55.00 Civil 55.00 Electrical 65.00 Senior Engineer, P.E. 85.00 Senior Staff Specialist, P.E. 90.00 Principal Engineer, P.E. 100.00 Expert Witness, P.E. 130.00 D-2. For supplemental services of a resident during construction, an amount equal to the Engineer's payroll costs times 1.8 plus reimbur- sable expenses and subcontract billings times 1.10. The maximum to be billed for these services shall not exceed $ 147,300, based on 12 man -months of resident services, without further authorization. It is understood that once resident services start on the project, they shall be continuous. The maximum billing limit is based on estimated payroll cost of $5,800 per month for the resident. When the actual resident for the project is determined, the maximum billing shall be adjusted according to his payroll cost. E.! The following expenses are reimbursable under payroll multiplier and hourly fee work items: 1. Travel, subsistence, and incidental costs. 2. Use of motor vehicles on a monthly rental basis for assigned vehicles and on a current mileage basis or rental cost basis for vehicles used for short periods. 3. Telegraph costs, long distance telephone costs and project "onsite" telephone costs. 4. Moving costs to project for full-time onsite personnel. 5. Reproduction of reports, drawings, and specifications. 6. Postage and shipping charges for project -related materials. 7. Computer time charges including program use charges. 8. Rental charges for use of equipment, including equipment owned by the Engineer. B-2 9. Cost of acquiring any other materials or services specifically. for and applicable to only this project. 10. Subcontract costs including those for soils and geotechnical investigations and reports, testing laboratory services, aerial surveying and mapping services, assistant engineers, other subcontract services. 11. Charges of special consultants requested or authorized by the Owner. 12. Special insurance coverage required by the Owner, including the cost of naming the Owner as an additional insured. 13. Local taxes or fees applicable to the engineering work or payments therefor. 14-. Charges for review of drawings and specifications by government agencies, if any. 15. Cost of acquiring any other materials or services specifically for and applicable to only this project. F. Payroll cost shall mean salary times 1.3. G. The Engineer agrees to use its best efforts to perform the services as defined in Attachment A within the billing limits stated above and in accordance with the agreed upon performance schedules. Upon the Engineer billing the Owner for 75 percent of the fee for each Phase, the Engineer shall report to the Owner in writing regarding the time- table status of the Phase in question and the total estimated fee required to complete the Phase. Upon agreement between the Owner and the Engineer regarding the fee required to complete the Phase, the total maximum billing for the Phase, shall be reestablished accord- ingly. If the Owner and the Engineer cannot reach an agreement regarding the total maximum billing for the Phase, the Engineer shall complete the Phase in question with reasonable billings no greater than 110 percent of the original estimated billing limit, as adjusted by Change Orders, unless there has been an increase in the scope of the services. H. Monthly payments shall be made to the Engineer by the Owner based on the;Engineer's statement. For payroll multiplier and hourly fee items, the statement shall be itemized to indicate the amount of work performed and the associated reimbursable expenses and subcontract costs. Five percent of each payment shall be withheld as retainage by Owner until the work performed on the Phase is complete. I. The uncontested amount of each statement shall be due and payable upon receipt by the Owner. Carrying charges of 1-1/2 percent per month from the billing date, shall be due for accounts which are not paid within 60 days after the billing date. B-3 J. It is:understood and agreed that the maximum billings of each of the above Items are based on the start of the services being authorized not later than the dates given below. If start of services is not authorized by dates given. it is understood and agreed that the upper billing limit will be adjusted accordingly by a supplement to this Agreement. The authorization dates are as follows: Item Date • Predesign Study and Report February 1, 1989 • Final Design Construction Drawings and Specifications April 1, 1989 • Construction Phase Services October 1, 1989 K. It isunderstood and agreed: K-1. That the Engineer shall start the performance of the services listed below within ten days of receipt of notice to proceed and shall sub- mit the documents covering them to the Owner for review within the calendar day periods from the start of services as given below: Calendar Day Service Period • Predesign Study and Report 60 • Final Design Construction Drawings and Specifications 180 K-2. Completion of services during the construction phase of the contract is dependent on the construction contractor's completion. Scheduled time for the construction contract is by June 1, 1990; however, there may be justified extensions of time on the construction contract. Construction Phase Services will be completed in the following time periods after completion and acceptance by the Owner of the construc- tion work: Service • Construction Phase Services Calendar Days for Completion After Acceptance By Owner 60 K-3. That the Engineer shall keep records on the basis of generally accepted accounting practice of costs and expenses and which records shall be available to inspection at reasonable times. B-4 ATTACHMENT C TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Project: Terminal Storage Reservoir, Effluent Pump Station, and Miscellaneous Piping OWNER'S RESPONSIBILITIES The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items: 1. A11 maps, drawings, reports, records, audits, annual reports, and other data that are available in the files of the Owner and which may be useful in the work involved under this contract. 2. Access to public and private property when required in performance of the Engineer's services. 3. Office desk space for the Engineer's personnel during preliminary investigations. 4. The services of at least one of the Owner's employees or staff who has the right of entry to, and who has knowledge of, the existing wastewater treatment and irrigation facilities to aid Engineer in conduct of field data collection. 5. Property, boundary, easement, right-of-vay, and utility surveys and property descriptions. 6. Releases to the news media concerning prebid conferences and pr,econstruction conferences. 7. Hall or auditorium space for prebid conferences and preconstruction conferences and the audio equipment and projection equipment required for such conferences. 8. Legal advertisement of project letting or bid date and such other publications of the "Invitation To Bid" as desired by the Owner. 9. Royalties and fees for patented processes used in the work, except those required to be paid by construction contractors as part of the construction contract. 10. Shop, mill, or laboratory inspection of materials, laboratory and field testing, field sampling services during construction. C-1 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that LITTBTERT�Y Black and Veatch, Etal MUTUAL. Black and Veatch, Inc. Name and 1500 Meadow Lake Parkway f--. address of I,P.O. Box 8405 Insured. L Kansas City, MO 64114 is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all -their terms; exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this cer- tificate may be issued. TYPE CERT. EXP. DATE * LIMIT OF ❑ CONTINUOUS POLICY OF EXTENDED NUMBER POLICY X❑ ❑ POLICY TERM LIABILITY COVERAGE AFFORDED UNDER W.C. EMPLOYER'S LIABILITY LAW OF THE FOLLOWING STATES: Bodily Injury By Accident 6/30/89 7-141-072023-178 K,AR,AZ,CA,CO,CT,DC, 100,000 WORKERS' L, GA, HI, IL, IN, KS , KY, Ea.Acc. Bodily Injury By Disease COMPENSATION A,MA,MD,MI,MN,MO,MT, 100,000 Ea. Person C , NE , NJ , NM, NY, OK, OR, Bodily Injury By Disease Includes Other States Endorsement A,SC,TN,TX,UT,VA,WI 500,000 Pol.Umh General Aggregate -Other than Products/Completed Operations 6/30/ 89 B1-141-072023-078 2,000,000 ProductslCompleted Operations Aggregate 1,000,000 J Q Bodily Injury and Property Damage Liability Lu Zf 1 000 000 f per occurrence W ❑ CLAIMS MADE Personal and Advertising Injury URETRO J J 1,000,000 per person/ organization DATE U Q Other W J M FXI OCCURRENCE O U SPECIAUEXCL. ENDORSEMENTS } R1 OWNED 6/30/89 S1-141-072023-098 $ 1 000 000 EACH ACCIDENT -SINGLE LIMIT-B.I. AND P.D. COMBINED $ EACH PERSON � J ®NON -OWNED Q EACH ACCIDENT EACH ACCIDENT J ® HIRED $ OR OCCURRENCE $ OR OCCURRENCE s Umbrella 6/30/89 LEI-141-072023-088 $5,000,000 Each Occurrence Excess Liability $5,000,000 Aggregate O - LOCATION(S) OF OPERATIONS & JOB # (If Applicable) DESCRIPTION OF OPERATIONS: B & V Project le'15388 * If the certificate expiration date is continuous or extended term, you will be notified If coverage is terminated or reduced before the certificate expiration date, however, you will not be notified annually of the continuation of coverage. Liberty Mutual NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR Insurance Group REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS ADDITIONAL INSURED: 30 DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN City of Lubbock MAILED TO: City of Lubbock R P.O. Box 2000 CERTIFICATE AUTHORIZED REPRESEN TI HOLDERS Lubbock, TX 79457 1/9/89 Overland Park, KS DATE ISSUED OFFICE L This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those Companies. BS 772 Fit POLICY NUMBER: TB1-141-0720,23-078 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM 6) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name'of Person or Organization: Any person or organization to who,the,,named insured is obligated by an agreement to provide insurance such as that afforded by this endorsement. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown In the Schedule, but only with respect to liability arising out of your work" for that insured by or for you. CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 ❑ Company Name National Indemnity Company CERTIFICATE OF INSURANCE 3024 Harney Street • Omaha, Nebraska 68131-3580 This certificate of insurance is NOT an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. 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 which may substantially limit coverage. Where reference is made to an Aggregate Limit, those limits are Company's maximum liability under the Policy for the entire policy period regardless of the number of insureds, claimants or occurrences. Date January 6, 1989 NAME OF INSURED Black & Veatch, A Partnership & Affiliated Companies P.O. ADDRESS 1500 Meadow Lake Parkway, P.O. Box 8405 Kansas City. MO 64114 POLICY NUMBER KINDS OF INSURANCE LIMITS EFFECTIVE EXPIRES EL50542 COMMERCIAL GENERAL LIABILITY ❑ Occurrence Form El Claims -Made Form Coverages ❑ Premises -Operations ❑ ProducwCompleted Operations $g Other(Specify) Professional Liability $5,000,000/Clai 04-13-88 04-13-8! (Architects & Engineers) $5.000.000/Annu 1 Aggregate Polio TAmitr; Tnrinsive of C_laimQ Fxp ns�_ General Aggregate Limit $ Products -Completed Operations Aggregate Limit $ Personal & Advertising Injury Limit $ Each Occurrence Limit $ Fire Damage Limit (Any One Fire) S Medical Expense Limit (Any One Person) $ Aggregate Limit on Claims Expenses S AUTOMOBILE LIABILITY Bodily Injury Each Person $ Each Occurrence $ Property Damage Each Occurrence $ Bodily Injury and Property Damage Combined Single Limit S EXCESS LIABILITY ❑ Automobile ❑ General Liability Name of Primary Insurer: Primary Limits S Excess Limits S General Aggregate Limit S ❑ Aggregate Limit inclusive of Claims Expenses Workers Compensation S Statutory Limits Employer's Liability S Other DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES Project # 15388 In the event of any material change in or cancellation of said policies, the COMPANY M2t']S1X2VL W2.11 P= obligated to, notifyAhe party to wh6m this Certificate is addressed/5tycl change or cancellptoion, i�+ifi$k> 3:�i)ib'iff rGiy y a�bc d£�i i fa S essays pr or L Alexander & Alexander This Certificate issued to: P , 0. Box 13647 City of Lubbock Kansas Ci y, MO 64199 P. O. Box 2000 11.4 Lubbock, Texas 79457 By Title M-100h (8/87) NOTE TO AGENT —Mail Copy to Home Office Immediately