HomeMy WebLinkAboutResolution - 2016-R0295 - Contract - Hugo Reed And Associates - FEMA System C Restudy - 08/25/2016ution No. 2016-RO295
Item No. 6.15
25, 2016
RESOLUTION
BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, Contract No. 12924, a Professional
Services Contract to provide professional engineering services related to the FEMA
System C Restudy, by and between the City of Lubbock and Hugo Reed and Associates,
Inc., and related documents. Said Contract is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council on August 25, 2016
4,1 -
DANIEL M. POPE, MAYOR
ATTEST:
0'e 1�� --* "�c
Reb ca Garza, City Secretary
0
APPROVED AS TO, -CONTENT:
Wopd F/anklin, F.E.. Director oTPublic Works
JpGnifer Vavidson, P.E., Stormwater Engineer
APPROVED AS TO FORM:
Si ,-Deputy ey
RESYSC. Contract No 12924, Hugo Reed & Associates, Inc
8.10.16
13 25 Resolution No. 2016-RO295
AGREEMENT FOR PROFESSIONAL SERVICES for:
Project #8606
FEMA RESTUDY - SYSTEM C
in the
CITY OF LUBBOCK, TEXAS
THE STATE OF TEXAS §
THE COUNTY OF LUBBOCK §
THIS AGREEMENT is made by and between the City of Lubbock, Texas, hereinafter called the CITY, and
Hugo Reed and Associates, Inc., hereinafter called HRA.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the CITY
and HRA do mutually agree as follows.
AGREEMENT
This Agreement is effective the25th day of August , 2016. The Project Contract Period shall be
1,095 (one thousand ninety-five) consecutive calendar days, beginning on the date HRA receives written
Notice to Proceed from the CITY. HRA will not begin work or incur costs against the Project until so
authorized in writing by the CITY.
The deliverables required for submittal to the Federal Emergency Management Agency ("FEMA") shall be
substantially completed within 365 (three hundred sixty-five) consecutive calendar days, beginning the date
HRA receives the written Notice to Proceed from the CITY.
HRA will provide the professional services ("the Services") as generally described, and within the times
described, in Attachment A, "Project Scope and Services." The CITY will furnish services described in
Attachment B, "Services To Be Provided By CITY."
The maximum amount payable under this Agreement for Basic Services and Reimbursables shall not
exceed $ 497,000 (four hundred ninety seven thousand dollars and no/100) unless an amendment is
executed as provided hereinafter. Payment is authorized for costs incurred in accordance with the fee
schedule attached hereto and labeled Attachment C, "Basis for Payment."
HRA shall be allowed to adjust hourly billing rates once per year in January, or later, of any year of this
Agreement beginning in January 2017. Any such adjustments shall have no effect on the maximum amount
payable under the Agreement as stipulated in Article 3 unless an amendment to the Agreement affecting
same is authorized by CITY.
HRA is authorized to submit periodic requests for payment within 30 (thirty) days after costs are incurred
as authorized herein. The request for payment shall be made using forms acceptable to the CITY and shall
show the total amount earned to the date of submission and the amount due and payable as of the date of
the current billing. All requests for payment will be mailed to the address shown on the signature page of this
Agreement.
FEMA RESTUDY - SYSTEM C
City of Lubbock, Texas & Hugo Reed and Associates, Inc.
Page 1 of 13
It is expressly understood all funds for payment by the CITY under this Agreement 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 and services to be provided under this Agreement,
the CITY will terminate the Agreement, without a 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 Agreement is spent, whichever occurs first (the "Non -Appropriation Date"). If at any time funds are not
appropriated for the continuance of this Agreement, cancellation shall be accepted by HRA 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 Agreement beyond the Non -Appropriation Date.
ARTICLE 4. WORK AUTHORIZATION
The CITY authorizes the work as described in Attachment A to be performed by HRA by the execution of this
Agreement. The total cost authorized shall not exceed the maximum amount payable established in Article 3,
"Compensation," nor shall completion dates extend beyond the end of the contract period established in
Article 1, "Contract Period," unless either is authorized by amendment as provided hereinafter.
ARTICLE 5. PROGRESS
Upon acceptance of a work authorization, HRA shall undertake the authorized work. The CITY or HRA may
request conferences to be provided at HRA's office, the office of the CITY, or at other agreed upon locations.
ARTICLE 6. INSPECTION OF WORK
The CITY and any of their authorized representatives have the right at all reasonable times to inspect or
otherwise evaluate the work performed or being performed hereunder and the premises in which it is being
performed.
If any inspection or evaluation is made on the premises of HRA, HRA shall provide all reasonable facilities
and assistance for the convenience of the inspectors in the performance of their duties. All inspections and
evaluations shall be performed in such a manner as will not unduly delay the work.
ARTICLE 7. AMENDMENTS
If it becomes necessary at any time during the contract period to change the scope of work, the contract
period, the maximum amount payable, the complexity, or the character of this Agreement, an amendment
must be prepared and executed within the contract period established in Article 1 above. The CITY retains
the right to reject any such amendment proposed by HRA unless the CITY finds the proposed amendment
necessary to complete the work authorized herein. Any such amendment will be made in writing agreed to by
all parties hereto and duly authorized and executed before the end of the contract period specified in Article 1
above.
If HRA determines that additional time is required to complete the work, 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.
ARTICLE 8. SUSPENSION OF WORK
Should the CITY desire to suspend the work but not terminate the Agreement, the CITY will issue a written
order to stop work setting out the terms of the suspension. HRA will stop all work and cease to incur costs
during the term of the suspension.
HRA will resume work when notified to do so in writing by the CITY. Suspension of work does not extend the
contract period. If additional time is required to complete the work because of the suspension, a contract
amendment will be executed in accordance with Article 7, "Amendments."
FEMA RESTUDY — SYSTEM C
City of Lubbock, Texas & Hugo Reed and Associates, Inc.
Page 2 of 13
ARTICLE 9. REPORTING
HRA shall promptly advise the CITY in writing of events which have a significant impact upon the Agreement,
including:
A. Problems, delays, or adverse conditions which will materially affect the ability to meet time schedules
and goals, or preclude the attainment of project work units by established time periods. A statement
of the action taken or contemplated shall accompany this disclosure;
B. Favorable developments or events which enable meeting time schedules and goals sooner than
anticipated or producing more work units than originally projected.
ARTICLE 10. RECORDS
HRA agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to
costs incurred and work performed hereunder and shall make such materials available at its office during the
contract period and for 7 (seven) years from the date of final payment under the Agreement for inspection by
the CITY or any of their duly authorized representatives for the purpose of making audits, examinations,
excerpts, and transcriptions.
ARTICLE 11. OWNERSHIP OF DOCUMENTS
Upon completion or termination of this Agreement, all documents prepared by HRA or furnished to HRA by
the CITY shall be delivered to and become the property of the CITY.
All sketches, photographs, calculations, and other data prepared under this Agreement shall be made
available, upon request, to the CITY without restriction or limitation on their further use, however, re -use of
any documents by the CITY or others for any purpose other than originally intended and speck to this
Project shall be at the sole risk of the user, and HRA shall bear no liability for such re -use.
HRA may, at its own expense, have copies made of the documents or any other data furnished the CITY
under this Agreement. HRA shall retain intellectual property rights in all work products prepared by HRA in
fulfillment of this Agreement, and will retain the right to use such products in future marketing or other
activities as HRA may deem useful and appropriate. HRA shall bear all risk or liability for any such use.
HRA warrants that the firm presently has adequate qualified personnel in its employment for performance of
services required under this Agreement, or will be able to obtain such personnel from sources other than the
CITY. Unless otherwise specified, HRA shall furnish all equipment, materials, and supplies required to
perform the work authorized herein. All employees of HRA or of any subcontractor shall have such
knowledge and experience as will enable them to perform the duties assigned to them. Any employee of
HRA or any subcontractor who, in the opinion of the CITY, is incompetent, or whose conduct becomes
detrimental to the work, shall immediately be removed from association with the project.
ARTICLE 13. SUBCONTRACTS
HRA shall not subcontract or otherwise transfer any portion of the work authorized in this Agreement unless
specifically authorized in writing by the CITY. HRA will require any subcontractors to comply with all
applicable terms of this Agreement.
FEMA RESTUDY — SYSTEM C
City of Lubbock, Texas & Hugo Reed and Associates, Inc.
Page 3 of 13
ARTICLE 14. SUCCESSORS AND ASSIGNS
The CITY and HRA each bind itself, its successors, executors, administrators and assigns of such other
party in respect to all covenants of this Agreement. HRA shall not assign, subcontract, or transfer its interest
in this Agreement without the written consent of the CITY. Nothing in this Agreement shall be interpreted or
construed to transfer any benefits or rights to any party other than the CITY and HRA.
ARTICLE 15. CERTIFICATE OF INSURANCE
HRA shall procure and carry the insurance and indemnities shall be provided as set forth in Attachment D,
"Additional Terms °
ARTICLE 16. DISPUTES
HRA shall be responsible for the settlement of all contractual and administrative issues arising out of
procurement made by HRA in support of the work authorized herein.
ARTICLE 17. REMEDIES
Failure to comply with any material terms of this Agreement by HRA shall be deemed an event of default and
shall be grounds for termination of the Agreement, and any increased cost to the CITY arising from HRA's
event of default, breach of contract, or violation of material terms shall be paid by HRA. This Agreement shall
not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in
equity may be availed of by either party and shall be cumulative. This Agreement shall be construed and
governed under applicable law of the State of Texas. Jurisdiction shall be in the City of Lubbock in Lubbock,
County, Texas.
ARTICLE 18. TERMINATION
This Agreement may be terminated before the completion date established in Article 1, "Contract Period," by
any of the following conditions:
A. By mutual consent and agreement of both parties hereto.
B. By the CITY, with notice in writing to HRA as consequence of failure by HRA to perform the services
herein set forth in a satisfactory manner and within the limits provided, with proper allowances being
made for circumstances beyond the control of HRA that can not be remedied by HRA through the
exercise of diligence.
C. By either party, upon the failure of the other party to full its obligations as set forth in the Scope of
Services attached hereto and labeled Attachment A and Attachment B, giving written notice one to
the other establishing the effective date of termination.
D. By the CITY, for reasons of it's own or convenience and not subject to the mutual consent of HRA,
upon not less than thirty (30) days written notice to HRA.
E. By satisfactory completion of services and obligations described herein.
Should the CITY terminate this Agreement for convenience as herein provided, costs for work performed by
HRA prior to termination and costs due and payable to HRA accruing prior to the time of termination shall
thereafter be paid to HRA. In determining the value of the work performed by HRA prior to termination, the
CITY shall be the sole judge. Payment for work at termination will be based on work satisfactorily performed
FEMA RESTUDY — SYSTEM C
City of Lubbock, Texas & Hugo Reed and Associates, Inc.
Page 4 of 13
at that time, including partially completed surveys, subject to the conditions established in the paragraph
following.
In the case of partially complete projects, eligible costs will be calculated on the number of hours documented
to the satisfaction of the CITY multiplied by the hourly rate for the appropriate personnel plus any additional
cost authorized in Attachment C, "Basis for Payment," incurred to the date of termination remaining unpaid.
If termination of this Agreement is due to an event of default by HRA, the CITY will give consideration to the
actual work performed to the date of default, the cost to the CITY of employing another firm to complete the
required work and the time required to do so, and other factors which affect the value to the CITY of the work
performed at the time of default.
If the termination of this Agreement is due to an event of default by HRA, the CITY may take over the project
and prosecute the work to completion by contract or otherwise. In such case, HRA may be liable to the CITY
for any reasonable additional cost occasioned the CITY, and any other damages available to CITY pursuant
to law, equity, contract or otherwise.
ARTICLE 19. COMPLIANCE WITH LAWS
HRA shall comply with all Federal, State, and local laws, statutes, ordinances, rules and regulations, and the
orders and decrees of any courts, or administrative bodies or tribunals in any matter affecting the
performance of this Agreement, including, without limitation, workers' compensation laws, minimum and
maximum salary and wage statutes and regulations, and licensing laws and regulations. When required,
HRA shall furnish the CITY with satisfactory proof of compliance.
ARTICLE 20. NOTICE
Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or
by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt
requested, addressed to the recipient at recipient's address shown below, subject to the right of either
party to designate a different address by notice given in the manner just described. Notice shall be
deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in
the United States mail, as set forth above, 3 (three) days after depositing such notice in the United States
mail. as set forth above.
For CITY:
Jennifer Davidson, P.E.
Stormwater Engineer
P.O. Box 2000
Lubbock, Texas 79457
ARTICLE 21. SIGNATORY WARRANTY
For HRA:
Stevan M. Coleman, P.E., President
Hugo Reed and Associates, Inc.
1601 Avenue N
Lubbock,Texas 79401
The undersigned signatory for Hugo Reed and Associates, Inc. hereby represents and warrants he is an
officer of the organization for which he has executed this Agreement and further he has full and complete
authority to enter into this Agreement on behalf of his firm.
The undersigned signatory for the CITY hereby represents and warrants he/she has full and complete
authority to enter into this agreement on behalf of this organization.
ARTICLE 22. INCORPORATION
All Attachments, Exhibits and Tables attached hereto are incorporated into this Agreement by reference for
all purposes.
FEMA RESTUDY — SYSTEM C
City of Lubbock, Texas & Hugo Reed and Associates, Inc.
Page 5 of 13
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, but this
Agreement shall not be valid until signed by a duly authorized representative of each party.
CITY OF LUBBOCK, TEXAS
U_A�
Daniel M. Pope, Mayor
APPROVED AS TO CONTENT:
Michael G. Keenum, PE, CFM, City Engineer
APPROVED AS TO FORM:
my L i , Assistant tWAforney
HUGO REED AND ASSOCIATES, INC.
Stevan M. Coleman, P.E.
President
Rabe c a Garza, City Secretary
Je I
ifer Dav son, PE, Stormwater Engineer
FEMA RESTUDY —SYSTEM C
City of Lubbock, Texas & Hugo Reed and Associates, Inc.
Page 6 of 13
ATTACHMENT A
to
AGREEMENT for ENGINEERING SERVICES,
PROJECT SCOPE and SERVICES
OWNER: City of Lubbock, Texas ("CITY")
PROJECT: Project # 8606 - FEMA RESTUDY — SYSTEM C
The scope of services for this project is as follows:
BASIC SERVICES
I. Following is a summary of the major categories for the Basic Services to be performed
(detailed tasking provided in separate document):
A. Project management including project kickoff and progress meetings, establishment of
project web application, and development of project management plan/quality control
procedures.
B. Acquisition and assembly of existing topographic data, existing hydrologic and hydraulic
analysis and models, drainage reports, cut/fill plans, and site visits. Collection of
topographic survey data.
C. Existing conditions dynamic hydrologic and hydraulic modeling and analysis for the 10%,
2%, 1%, and 0.2% annual -chance storm events. Preparation of floodplain mapping for the
1 % and 0.2% annual -chance storm events.
D. Presentation of study results to City Staff. Additional presentations to City Council and
public meetings may be held at the direction of City Staff.
E. Preparation of a FEMA Letter of Map Change request submittal including all necessary
forms, reports, exhibits and backup documentation for submittal to FEMA.
F. Perform future fully developed conditions dynamic hydrologic and hydraulic modeling and
analysis for the 1 % annual -chance storm event. Prepare floodplain mapping based on
future fully developed conditions analysis.
G. Perform 2D hydrologic and hydraulic analysis of the Downtown Lubbock area and
development of exhibits and digital data and preparation of summary of 2D analysis
results.
11. The OWNER may issue a "Stop Work Order" at any point in the progress of the Work, at the
sole discretion of the OWNER. HRA will be paid on the actual amount of work performed, at
the hourly rates and schedules, as set forth in this Agreement.
FEMA RESTUDY — SYSTEM C
City of Lubbock, Texas & Hugo Reed and Associates, Inc.
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ATTACHMENT B
to
AGREEMENT for PROFESSIONAL SERVICES,
SERVICES TO BE PROVIDED BY OWNER
OWNER: City of Lubbock, Texas ("CITY")
PROJECT: Project # 8606 - FEMA RESTUDY — SYSTEM C
The CITY will provide any and all non -confidential information available to CITY, upon request, which
may be pertinent to HRA's prosecution of the work. Reliance by HRA on any such materials
furnished by CITY shall be subject to a reasonableness standard.
CITY shall promptly notify HRA whenever CITY becomes aware of any occurrence having a material
impact on the Project.
The CITY shall provide adequate personnel to review submittals and coordinate location and time for
meetings as necessary for the prosecution of the work. CITY shall appoint a Project Manager who
will be the primary point of contact for HRA during prosecution of HRH's work on the Project, and
who shall have authority to make material decisions within his/her delegated authority. CITY shall
provide timely reviews of submittals and timely responses to HRH's Requests for Information so as
not to unnecessarily hinder the progress of the work. The City Council of CITY hereby delegates the
authority to the City Engineer, or his/her designee, to act as CITY'S Project Manager. However, such
delegation of authority shall not include the authorization to expend funds or otherwise alter the terms
of this Agreement.
CITY shall assist HRA in acquiring permission for access to any public or private properties
necessary for HRA's prosecution of the work.
FEMA RESTUDY — SYSTEM C
City of Lubbock, Texas & Hugo Reed and Associates, Inc.
Page 8 of 13
ATTACHMENT C
to
AGREEMENT for PROFESSIONAL SERVICES,
BASIS for PAYMENT
OWNER: City of Lubbock, Texas ("CITY")
PROJECT: Project # 8606 - FEMA RESTUDY — SYSTEM C
For Services rendered under this agreement, CITY agrees to pay HRA as follows:
GENERAL
A. HRA will be paid according to the personnel classification and hourly rate scheduled
shown in Table C-1, based on actual services performed on the project by classification
and hours. Hourly rates may be revised on an annual basis beginning no earlier than
January 1, 2017 per Article 3. in the Agreement.
Monthly payments will be made to HRA based on the uncontested amount of
each monthly invoice prepared and submitted by HRA. Each monthly invoice will
be itemized to show the amount of work actually performed by each personnel
classification and with associated reimbursable expenses. Invoices will be
submitted in a format acceptable to CITY.
2. Delivery schedules for the work will be determined based on the number and
sequence of Tasks authorized by CITY.
II. BASIC SERVICES
A. The maximum compensation to be billed CITY by HRA for performance of the Basic
Services and Reimbursable Expenses as follows.
TOTAL BASIC SERVICES AND REIMBURSABLE $497,000.00
EXPENSES NOT TO EXCEED:
111. REIMBURSABLE EXPENSES
A. Reimbursable expenses anticipated for this Project may include but are not limited to the
following:
1. Reproduction of documents;
2. Toll telephone line charges for transmission of project data;
3. Plotting media used in provision of deliverable plans;
4. Other costs as may be incurred for the acquisition of materials, travel,
subsistence, or services specifically applicable to the Project.
FEMA RESTUDY — SYSTEM C
City of Lubbock, Texas & Hugo Reed and Associates, Inc.
Page 9 of 13
TABLE C-1
PERSONNEL SERVICE RATES
for
AGREEMENT FOR PROFESSIONAL SERVICES
OWNER: City of Lubbock, Texas ("CITY")
PROJECT: Project # 8606 - FEMA RESTUDY - SYSTEM C
COMPENSATION RATES
Hourly fees listed herein will apply for the original term of this agreement.
PERSONNEL SERVICES
Category of Personnel $/hr
Hugo Reed & Associates. Inc.
Officer
Project Manager (Surveying or Engineering)
Director of Development Services
Professional Engineer - Senior
Professional Engineer
Engineer -in -Training
Development Associate
Survey Field Crew
Licensed State Land Surveyor
Registered Professional Land Surveyor
Surveying Field Manager
Survey Crew Chief
Manager of CADD Services
CADD Technician
Staff Accountant (CPA)
Researcher
Clerical
Reimbursables
FEMA RESTUDY - SYSTEM C
City of Lubbock, Texas & Hugo Reed and Associates, Inc.
Page 10 of 13
167.50
160.00
155.00
155.00
127.50
100.00
92.50
160.00
160.00
125.00
92.50
80.00
92.50
80.00
85.00
70.00
52.50
Cost
Halff Associates, Inc.
Officer
225.00
Project Manager
190.00
Professional Engineer - Senior
150.00
Professional Engineer
120.00
Engineer -in -Training
100.00
GIS Technician - Senior
115.00
GIS Technician - Junior
85.00
Clerical
75.00
Reimbursables
Cost
FEMA RESTUDY — SYSTEM C
City of Lubbock, Texas & Hugo Reed and Associates, Inc.
Page 11 of 13
ATTACHMENT D
to
AGREEMENT for PROFESSIONAL SERVICES
ADDITIONAL TERMS
OWNER: City of Lubbock, Texas ("CITY")
PROJECT: Project # 8606 - FEMA RESTUDY - SYSTEM C
Independent Contractor
It is understood and agreed that HRA is to perform the Services in a sound and
professional manner and exercising the degree of care, skill and diligence in the
performance of the Services as is exercised by a professional Consultant under similar
circumstances and HRA hereby warrants to the CITY the Services shall be so performed.
Further, HRA is and shall be considered at all times an independent contractor under this
Agreement and/or in its service, hereunder. During the performance of the Services under
this Agreement, HRA and HRA's employees will not be considered, for any purpose,
employees or agents of the CITY within the meaning or the application of any federal,
state or local law or regulation, including without limitation, laws, rules or regulations
regarding or related to unemployment insurance, old age benefits, workers compensation,
labor, personal injury or taxes of any kind.
11. Insurance/indemnity
HRA shall procure and carry, at its sole cost and expense through the life of this
Agreement, insurance protection as hereinafter specified, in form and substance
satisfactory to CITY, carried with an insurance company authorized to transact business
in the state of Texas, covering all aspects and risks of loss of all operations in connection
with this Agreement, including without limitation, the indemnity obligations set forth herein.
HRA shall obtain and maintain in full force and effect during the term of this Agreement,
commercial general liability, professional liability and automobile liability coverage with
insurance carriers admitted to do business in the state of Texas. The insurance
companies must carry a Best's Rating of A -VII or better. The policies will be written on an
occurrence basis, subject to the following minimum limits of liability:
Commercial General Liability
Each Occurrence - $ 1,000,000
Professional Liability
Per Claim - $ 1,000,000
Automobile Liability
Combined Single Limit for any auto - $ 500,000 Per Occurrence
The CITY shall be listed as a primary additional insured with respect to the Automobile
Liability and Commercial General Liability and shall be granted a waiver of subrogation
under those policies. HRA shall provide a Certificate of Insurance to the CITY as evidence
of coverage. The Certificate shall provide 30 (thirty) days notice of cancellation, except for
notice of cancellation due to non-payment, in which case notice shall be 10 (ten) days. A
copy of the additional insured endorsement and waiver of subrogation attached to the
policy will be included in the Certificate.
FEMA RESTUDY - SYSTEM C
City of Lubbock, Texas 8 Hugo Reed and Associates, Inc.
Page 12 of 13
HRA shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of
the Texas Labor Code. Further, HRA 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 HRA maintains said coverage. HRA 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, HRA fails to
maintain the required insurance in full force and effect, HRA shall be in breach hereof and
all work under the Agreement shall be discontinued immediately.
HRA shall cause any approved subcontractor whom HRA retains to provide services for
the Project to obtain the insurance coverages and endorsements as are required to be
provided by HRA, and subject to the same minimum limits..
HRA shall indemnify and hold CITY and CITY'S elected officials, officers, agents,
employees and independent contractors harmless, to the fullest extent permitted by law,
from and against any and all claims, demands, damages, costs, liabilities and expenses,
including attorney's fees, as a result of, related to or arising from HRA's use or occupation
of CITY owned lands, and/or any matter related to HRA's activities, performances,
operations or omissions under this Agreement, except as may otherwise be limited by this
Agreement. The indemnity provided herein shall survive the expiration or termination of
this Agreement.
CITY shall indemnify and hold HRA and HRH's officers, employees, agents and
independent contractors harmless, to the fullest extent permitted by law, from and against
any and all claims, demands, damages, costs, liabilities and expenses, including
attorneys fees, resulting from any act of negligence performed by CITY'S officials,
officers, agents, employees and independent contractors.
III. No Joint Enterprise
Nothing contained herein shall be construed to imply a joint venture, joint enterprise,
partnership or principal — agent relationship between HRA and the CITY.
IV. Non -Arbitration Clause
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, the former shall control.
FEMA RESTUDY — SYSTEM C
City of Lubbock, Texas & Hugo Reed and Associates, Inc.
Page 13 of 13
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
Loft
Complete Nos. 1- a and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2016-101086
Hugo Reed & Associates, Inc.
Lubbock, TX United States
Date Filed:
08/18/2016
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
08/19/2016
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
13025
Professional Engineering Services for FEMA Restudy - System C
Nature of interest
4 Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
Intermediary
Brent, Carroll
Lubbock, TX United States
X
Martinez, Daniel
Lubbock, TX United States
X
Christopher, Robert
Lubbock, TX United States
X
Holeman, Terry
Lubbock, TX United States
X
Swofford, Jason
Lubbock, TX United States
X
Coleman, Stevan
Lubbock, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said , this the
day of ,
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
l of l
Complete Nos. l - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, S. and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2016-101086
Hugo Reed & Associates, Inc.
Lubbock, TX United States
Date Filed:
08/18/2016
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify
the contract, and provide a
description of the services, goods, or other property to be provided under the contract
13025
Professional Engineering Services for FEMA Restudy - System C
Nature of interest
4 Name of Interested Party
CI ty,State, Country (Place of business)
(check applicable)
Controlling
Intermediary
Brent, Carroll
Lubbock, TX United States
X
Martinez, Daniel
Lubbock, TX United States
X
Christopher, Robert
Lubbock, TX United States
X
Holeman, Terry
Lubbock, TX United States
X
Swofford, Jason
Lubbock, TX United States
X
Coleman, Stevan
Lubbock, TX United States
X
5 Check only if there is NO Interested Party.
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the
above disclosure is true and correct.
DUANE JENKINS
Notary Public, State of Texas
Comm. Expires 05-30-2020 �-
�';eoiF�a`. Notary ID 126539959 Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/ SEAL ABOVE
//'� /h,
1&44.'
Co lP.YI-la✓t AmS 5t
Sworn to and subscribed before me, by the said 5 IVa ✓1 this the
day of to ,
20 to to certify which, witness my hand and seal of office.
Dw
/"A /a't -� ✓ e
Signature of officer administering oath Printed name of officer administering oath erinV oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277