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Resolution - 2015-R0336 - Agreement - Freese And Nichols Inc - Bid And Construction Services, Pump Meters - 10/08/2015
Resolution No. 2015-RO336 Item No. 4.12 October 8, 2015 RESOLUTION BE IT 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. a Professional Services Agreement to provide professional engineering services for Bid and Construction Phase Professional Services Associated with the Construction of Pump Station Intake Meters, by and between the City of Lubbock and Freese & Nichols, Inc., (FNI), and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on October 8, 2015 ATTEST: �z Rebe ca Garza, City Secret APPROVED AS TO ood Fr lin E., Director of ublic Works APPROVED AS TO FORM: RES'4 C -Freeze & Nichols, Inc. -Construction Pump Station Intake Meters 8.25.15 Resolution No. 2015-RO336 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This Contract, (the "Contract' or "Agreement'), effective as of the$ day of Qctober 2015 (the "Effective Date"), is by and between the City of Lubbock, (the "CITY"), a Texas home rule municipal corporation, and Freese and Nichols, Inc. , ("CONSTRUCTION REPRESENTATIVE") a Texas professional corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, the City desires to obtain construction phase professional engineering services related to the general construction administration of the Pump Station Intake Metering Phase I Project (the "Activities"); WHEREAS, CONSTRUCTION REPRESENTATIVE has a professional staff experienced and is qualified to provide professional engineering services related to the Activities, and will provide the Services, as defined below, for the price provided herein, said price stipulated by CITY and CONSTRUCTION REPRESENTATIVE to be a fair and reasonable price; and WHEREAS, the CITY desires to contract with CONSTRUCTION REPRESENTATIVE to provide professional engineering services related to the Activities and CONSTRUCTION REPRESENTATIVE desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the CITY and CONSTRUCTION REPRESENTATIVE hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of 365 days. If the CONSTRUCTION REPRESENTATIVE determines that additional time is required to complete the Services, the CITY Engineer, may in his discretion, but is not obligated to, execute an agreement to grant up to an additional six (6) months of time to complete the Services so long as the amount of the monetary consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the monetary consideration must be approved by the CITY acting through its governing body. Freese and Nichols, Inc. Page 1 of 19 L %Resources%0LGR1 %ubbocklPS Intake Metering Ph 1Untake Meters_Professlonal Agreement_7-28-2015 Dralt.doca ARTICLE II. SERVICES AND COMPENSATION A. CONSTRUCTION REPRESENTATIVE shall conduct all activities and within such timeframes as set forth on Exhibit 'A" attached hereto (the "Services"). B. CONSTRUCTION REPRESENTATIVE shall receive as consideration to be paid for the performance of the Services set forth in the Basic Services, and if directed by CITY, the Additional Services and/or Special Services, based on hourly rates, not to exceed $63,993 per Exhibit "A," Exhibit "B," and Exhibit "C." ARTICLE III. TERMINATION A. General. CITY may terminate this Contract, for any reason or convenience, upon thirty (30) days written notice to CONSTRUCTION REPRESENTATIVE. In the event this Agreement is so terminated, the CITY shall only pay CONSTRUCTION REPRESENTATIVE for services actually performed by CONSTRUCTION REPRESENTATIVE up to the date CONSTRUCTION REPRESENTATIVE is deemed to have received notice of termination as provided herein. B. Termination and Remedies. In the event CONSTRUCTION REPRESENTATIVE breaches any term and/or provision of this Contract, the CITY shall be entitled to exercise any right or remedy available to it by this Contract, at law, equity, or otherwise, including without limitation, termination of this Contract and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON -ARBITRATION The CITY reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the CITY shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. CONSTRUCTION REPRESENTATIVE is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. Freese and Nichols, Inc. Page 2 of 19 UResources10LCMIU-ubbock1PS Intake Metering Ph 1Untake Metere_Professlonal Agreernent_9-13-15,doca B. Corporate Power. CONSTRUCTION REPRESENTATIVE has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of CONSTRUCTION REPRESENTATIVE. This Contract constitutes legal, valid, and binding obligations of the CONSTRUCTION REPRESENTATIVE and is enforceable in accordance with the terms thereof. D. Construction Representative. CONSTRUCTION REPRESENTATIVE maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. CONSTRUCTION REPRESENTATIVE will and shall conduct all activities contemplated by this Contract in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional engineering services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional engineering services, as contemplated hereby. F. Use of Copyrighted Material. CONSTRUCTION REPRESENTATIVE warrants that any materials provided by CONSTRUCTION REPRESENTATIVE for use by CITY pursuant to this Contract shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. CONSTRUCTION REPRESENTATIVE shall be solely responsible for ensuring that any materials provided by CONSTRUCTION REPRESENTATIVE pursuant to this Contract satisfy this requirement and CONSTRUCTION REPRESENTATIVE agrees to indemnify and hold CITY harmless from all liability or loss caused to CITY or to which CITY is exposed on account of CONSTRUCTION REPRESENTATIVE's failure to perform this duty. ARTICLE VI. SCOPE OF SERVICES CONSTRUCTION REPRESENTATIVE shall accomplish the following: Professional Construction Phase Engineering Services related to the general construction administration of the Pump Station Intake Metering Phase I project, as defined and provided in Exhibit "A," "Scope of Services." Freese and Nichols, Inc. Page 3 of 19 L XResources\OLCRLLLLubbocktPS Intake Metering Ph 1\Intake Meters Protesslenal Agmement_7-28-2015 DraO.do" ARTICLE VII. INDEPENDENT CONTRACTOR STATUS CONSTRUCTION REPRESENTATIVE and CITY agree that CONSTRUCTION REPRESENTATIVE shall perform the duties under this Contract as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. CONSTRUCTION REPRESENTATIVE has the sole discretion to determine the manner in which the services are to be performed. During the performance of the Services under this Agreement, CONSTRUCTION REPRESENTATIVE and CONSTRUCTION REPRESENTATIVE's employees and/or subconsultants, will not be considered, for any purpose, employees or agents of the CITY within the meaning or the application of any federal, state, or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE CONSTRUCTION REPRESENTATIVE shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to CITY, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. CONSTRUCTION REPRESENTATIVE shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or subconsultant of CONSTRUCTION REPRESENTATIVE to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability, and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A -VII or better. All policies will be written on per occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability $1,000,000 Freese and Nichols, Inc. Page 4 of 19 0ResourceM0LCR1L%LubbocMlPS Intake Metering Ph 1\Intake Meters_Pmfessional Agreement 7-28-2015 Drafi.dou CONSTRUCTION REPRESENTATIVE shall further cause any approved subcontractor or subconsultant to procure and carry, during the term of this Agreement, insurance coverage, as specified above for CONSTRUCTION REPRESENTATIVE, including without limitation protecting CITY against direct losses caused by the professional negligence of the approved subcontractor or subconsultant. The CITY shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. CONSTRUCTION REPRESENTATIVE shall provide a Certificate of Insurance to the CITY as evidence of coverage. The Certificate shall provide 30 days' notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. CONSTRUCTION REPRESENTATIVE shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, CONSTRUCTION REPRESENTATIVE 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 CONSTRUCTION REPRESENTATIVE maintains said coverage. The CONSTRUCTION REPRESENTATIVE 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. If at any time during the life of the Agreement or any extension hereof, CONSTRUCTION REPRESENTATIVE fails to maintain the required insurance in full force and effect, CONSTRUCTION REPRESENTATIVE shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained, at CONSTRUCTION REPRESENTATIVE's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Contract and the discovery period (possibly through tail coverage) shall be no less than ten (10) years after the completion of work specified in this Contract. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS CONSTRUCTION REPRESENTATIVE may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Subconsultant"), to perform certain duties of CONSTRUCTION REPRESENTATIVE, as set forth on Exhibit' A," attached hereto, under this Contract, provided that the CITY approves the retaining of Subconsultants. CONSTRUCTION REPRESENTATIVE is at all times responsible to CITY to perform the Services as provided in this Agreement and CONSTRUCTION REPRESENTATIVE is in no event relieved of any obligation under this Contract upon retainage of any approved Subconsultant. Any agent and/or Subconsultant retained and/or employed by CONSTRUCTION REPRESENTATIVE shall be required by CONSTRUCTION REPRESENTATIVE to Freese and Nichols, Inc. Page 5 of 19 LAResources\0LCRtLtLuh6ockTS Intake Metering Ph 1\Intake Meters_Professionel Agreement_7.28.2015 Dmft.dam carry, for the protection and benefit of the CITY and CONSTRUCTION REPRESENTATIVE and naming said third parties as additional insureds, insurance as required of CONSTRUCTION REPRESENTATIVE, as described above in this Contract. CONSTRUCTION REPRESENTATIVE represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY CONSTRUCTION REPRESENTATIVE shall retain all information received from or concerning the CITY and the CITY's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the CITY, unless otherwise required by law. ARTICLE XI. INDEMNITY CONSTRUCTION REPRESENTATIVE SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO, OR OCCASIONED BY, THE NEGLIGENT ACTS OF CONSTRUCTION REPRESENTATIVE, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OF OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS CONSTRUCTION REPRESENTATIVE shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from CONSTRUCTION REPRESENTATIVE to CITY or CITY to CONSTRUCTION REPRESENTATIVE is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, Freese and Nichols, Inc. Page 6 of 19 L Utesources\0LCRU-1ubbock%PS Intake Metering Ph 1Untake Meters_Prolessional AOreement_7-28-2015 Drafl.dac properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. CONSTRUCTION REPRESENTATIVE's Address. CONSTRUCTION REPRESENTATIVE's address and numbers for the purposes of notice are: Freese and Nichols, Inc. Attn: Jeffrey N. Hensley, P.E. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Telephone:(817) 735-7300 Facsimile: (817) 735-7491 C. CITY's Address. The CITY's address and numbers for the purposes of notice are: City of Lubbock Attn: John Turpin, P.E. P. O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775 — 2342 Facsimile: (806) 775 — 3344 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA CITY shall furnish CONSTRUCTION REPRESENTATIVE non -confidential studies, reports, and other available data in the possession of the CITY pertinent to CONSTRUCTION REPRESENTATIVE's Services, so long as CITY is entitled to rely on such studies, reports, and other data for the performance of CONSTRUCTION REPRESENTATIVE's Services under this Contract (the "Provided Data"). CONSTRUCTION REPRESENTATIVE shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. Freese and Nichols, Inc. Page 7 of 19 L \Resources\0LCR\L1Lubbock\PS Intake Metedng Ph Untake Meters_Protessional Agreement 7-28-2015 Drafl.do ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. CONSTRUCTION REPRESENTATIVE shall provide access to its corporate books and records to the CITY. The CITY may audit, at its expense and during normal business hours, CONSTRUCTION REPRESENTATIVE's books and records with respect to this Contract between CONSTRUCTION REPRESENTATIVE and CITY. C. Records. CONSTRUCTION REPRESENTATIVE shall maintain records that are necessary to substantiate the Services provided by CONSTRUCTION REPRESENTATIVE. D. Assignability. CONSTRUCTION REPRESENTATIVE may not assign this Contract without the prior written approval of the CITY. E. Successor and Assigns. This Contract binds and inures to the benefit of the CITY and CONSTRUCTION REPRESENTATIVE, and in the case of CITY, its respective successors, legal representatives, and assigns, and in the case of CONSTRUCTION REPRESENTATIVE, its permitted successors and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS CONTRACT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly authorized and executed by CONSTRUCTION REPRESENTATIVE and CITY. Freese and Nichols, Inc. Page 8 of 19 L 1Resources\0LCRtLILubbock\PS Intake Metering Ph Nntake Meters_Pmfessional Agmemenl_7.28.2015 Draft.door I. Entire Agreement. This Contract, including Exhibits "A," "B,", and "C," attached hereto, contains the entire agreement between the CITY and CONSTRUCTION REPRESENTATIVE, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between CONSTRUCTION REPRESENTATIVE and the CITY. K. Documents Owned by CITY. Any and all documents, drawings and specifications prepared by CONSTRUCTION REPRESENTATIVE as part of the Services hereunder, shall become the property of the CITY when CONSTRUCTION REPRESENTATIVE has been compensated as set forth in Article II, above. The CONSTRUCTION REPRESENTATIVE shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either CITY or CONSTRUCTION REPRESENTATIVE of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than CITY and CONSTRUCTION REPRESENTATIVE. N. Appropriation. All funds for payment by the CITY under this contract are subject to the availability of an annual appropriation for this purpose by the CITY. In the event of non -appropriation of funds by the CITY Council of the CITY of Lubbock for the goods or services provided under this Contract, the CITY will terminate the Contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the services covered by this Contract is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the CITY shall not be obligated under this Contract beyond the Non -Appropriation Date. Freese and Nichols, Inc. Page 9 of 19 L Viesources\OLCRULubbocMPS Intake Metering Ph 1\Intake Meters_Pratessional Agreennent_7-28-2015 Drafl.doa EXECUTED as of the Effective Date hereof. ATTEST: Reb ca Garza, City Secreta APPROVED AS TO CONTENT: Michael G. Keenum, P.E., City Engineer hn Turpin, 5�,E., ghief Water Utilities Engineer APPROVED AS TO FORM: t Amy L. Seputy City A Z:;Z—:> CITY OF LUBBOCK en C. 4RobeKrtson,,ayor FREESE AND NICHOLS, INC. By: Name: Russell Gibson, P.E. Title: Principal Freese and Nichols, Inc. Page 10 of 19 L %Resources.0LCR1LtLuh6ocMPS Intake Mated ng Phi) make Met era_Proless;ona: Agreement_? 28.2015 Grafi dou FREESE AND NICHOLS, INC. EXHIBIT A This Exhibit A is part of the Agreement between Freese and Nichols, Inc. (FNI) (the "CONSTRUCTION REPRESENTATIVE") and the City of Lubbock (the "CITY") for a project generally described as: PUMP STATION INTAKE METERING PHASE I CONSTRUCTION REPRESENTATIVE CONSTRUCTION PHASE SERVICES The purpose of this Agreement is to furnish services that are unique to the Construction Representative so that, in cooperation with the CITY, complete construction phase services are provided. SCOPE OF SERVICES The Construction Representative agrees to furnish the City with the following services. 1. Construction Representative The Construction Representative for this project shall be Freese and Nichols, Inc. 2. Bid and Award Phase Services Upon completion of the design services and approval of "Final' plans and specifications by CITY, FNI will proceed with the performance of services in this phase as follows: 2.1. Attend a pre-bid conference, if any, for each of the construction contracts. 2.2. Assist CITY in issuing Addenda as appropriate to clarify, correct, or change the bidding documents. 2.3. Assist CITY in the opening, tabulation, and analysis of the bids received and furnish recommendations on the award of contracts as appropriate. 2.4. Assist CITY in the preparation of documents for execution of the construction contracts. FNI will conform the contract documents, make five original copies for execution. FNI will also conform the plans and specifications and make seven copies of the conformed plans and specifications for use by the Contractor, CITY, and CONSTRUCTION REPRESENTATIVE. The seven copies will include two full size copies and five half size copies. A PDF of the conformed plans and specifications will also be produced and provided to the CITY and Contractor. Freese and Nichols, Inc. Page 11 of 19 L1Resources10LCML1Lubbock1PS Intake Metering Ph Wntake Meters Protesslonal Agreement_9-17-15 doc: 2.5. The Bid and Award phase will be considered complete upon execution of the construction contracts and distribution of the conformed copies of the plans and specifications. 3. Construction Phase Services Conditions 3.1. The CONSTRUCTION REPRESENTATIVE's responsibility to provide Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the end of the construction period for the project including startup and testing. 3.2. Construction Phase duties, responsibilities, and limitations of the CONSTRUCTION REPRESENTATIVE shall not be restricted, modified, or extended without agreement of the CITY and CONSTRUCTION REPRESENTATIVE in writing. 3.3. The CONSTRUCTION REPRESENTATIVE shall be a representative of and shall advise and consult the CITY during construction. The CONSTRUCTION REPRESENTATIVE shall have the authority to act on behalf of the CITY only to the extent provided in this Agreement unless otherwise modified by written instrument. 3.4. CONSTRUCTION REPRESENTATIVE's Personnel at Construction Site 3.4.1.The presence and duties of CONSTRUCTION REPRESENTATIVE's personnel at a construction site, whether as onsite representative or otherwise, do not make the CONSTRUCTION REPRESENTATIVE or its personnel in any way responsible for those duties that belong to the CITY per the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT and/or construction contractors or other entities, and do not relieve the construction contractors or any other entity from their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health and/or safety precautions by such construction work. 3.4.2.The CONSTRUCTION REPRESENTATIVE and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health and/or safety precautions related to such work and have no duty for inspecting, noting, observing, correcting, or reporting on health and/or safety deficiencies of the construction contractors or other persons at the site except CONSTRUCTION REPRESENTATIVE's own personnel. 3.4.3. The limited presence of the CONSTRUCTION REPRESENTATIVE's personnel at a construction site is for the purpose of providing the CONSTRUCTION Freese and Nichols, Inc. Page 12 of 19 L:1Resources10I-CMI-%Lubbock1PS Intake Metering Ph 1Untake Metera_Prolesslonal Agreement_9-17-15.docs REPRESENTATIVE and the CITY a greater degree of confidence that the completed work will conform generally to the contract documents and that the integrity of the design concept, as reflected in the contract documents, has been implemented and preserved. The CONSTRUCTION REPRESENTATIVE neither guarantees the performance of any construction contractor nor assumes responsibility for contractor's failure to perform the work in accordance with the contract documents. 4. Engineer of Record Cooperation 4.1. The Engineer of Record for this project is as follows: CITY — entire Project with the exception of the Electrical and Instrumentation. CONSTRUCTION REPRESENTATIVE — Electrical and Instrumentation. 4.2. The CONSTRUCTION REPRESENTATIVE will interface with CITY per the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT. 4.3. The CONSTRUCTION REPRESENTATIVE will communicate and coordinate with the CITY per the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT to accomplish the Construction Phase Services tasks identified in this scope of services. 4.4. The CONSTRUCTION REPRESENTATIVE shall receive data from the CITY for entry into the online project management system. 4.5. The CONSTRUCTION REPRESENTATIVE shall supply project documentation to the CITY for review and approval as the Engineer of Record per the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT. 4.6. The CONSTRUCTION REPRESENTATIVE shall receive from the CITY the timely response and necessary approvals to submittals, Requests For Information (RFI), Change Orders (CO), Contract Modification Requests (CMR), and all other project actions coordinated by the CONSTRUCTION REPRESENTATIVE. 4.7. The CONSTRUCTION REPRESENTATIVE shall administer the construction contract and manage communication, documentation, and correspondence while communicating and coordinating with the CITY per the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT. 5. Specific Construction Representative Tasks 5.1. Review shop drawings and answer any RFIs associated with the Electrical and Instrumentation design for the project. 5.2. Provide construction management and administration tasks separate from and supplemental to those tasks being performed by the CITY, in conjunction with the requirements of construction contract documents. Freese and Nichols, Inc. Page 13 of 19 L:1Resources%OLCRLLLLubbock'PS Intake Metering Ph 1Untake Metera_Professional Agreement_9-13-15.docs 5.3. Communication - Establish communication procedures with the CITY and Contractor. Submit monthly reports of construction progress to CITY describing construction progress in general terms and summarize project costs, schedule, contract modifications, and major outstanding issues. 5.4. Schedule Management - Review baseline and monthly construction progress schedules prepared by the Contractor. Monitor progress of actual work completed relative to planned progress and address any identified schedule slippage or other anomalies with Contractor. 5.5. Cost Management - Review proposed schedule of values and payment request format prepared by Contractor. Establish procedure for review of monthly quantities of work in place and payment requests. Based on observations of ongoing construction during site visits, review payment requests and supporting documentation submitted by Contractor and determine the amount that is recommended Contractor be paid. 5.6. Document Management — Process Contractor submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of submittals in the review process. Perform initial cursory reviews of submittals when appropriate, and transmit submittals to the CITY for the detailed review and response. Monitor the progress of the Contractor in sending and processing submittals and of the ENGINEER in reviewing and responding to submittals, to verify that documentation is being processed properly and timely. 5.7. Issues Management — Provide initial interpretation of the drawings and specifications and coordinate with the CITY to develop official interpretation for the Contractor. Receive and evaluate notices of Contractor claims and make recommendations to the CITY on the merit and value of the claim on the basis of the information submitted by the Contractor. Endeavor to negotiate a settlement value with the Contractor on behalf of the CITY if appropriate. Mediation, arbitration, litigation and/or other related subsequent claims review assistance is not included in this scope of services. 5.8. Change Management - Establish procedures for administering constructive changes to the construction contract. Coordinate with the CITY to get its technical review and approval of any design modifications. Process contract modifications and negotiate with the Contractor on behalf of the CITY to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the CITY. Prepare field orders where cost to OWNER or time is not impacted. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the Contractor and approved by the CITY are not included in this scope of services. Freese and Nichols, Inc. Page 14 of 19 L:1ResourceM0LCR\L1Lubbock1PS Intake Metering Ph 1Untake Meters_Prolesslonal Agreement_9-13-15.d— 5.9. Quality Assurance - Make visits to the site at appropriate stages of construction to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the construction contract documents. In this effort, endeavor to protect the CITY against defects and deficiencies in the work of Contractor, and prepare a Site Visit Report documenting visit including any observed deficiencies. Notify Contractor of non -conforming work observed, review quality related documents provided by the Contractor such as test reports, equipment installation reports or other documentation required by the construction contract documents. Coordinate the work of the materials testing laboratory required for the testing or inspection of materials. 5.10.Site Visits 5.10.1.The CONSTRUCTION REPRESENTATIVE shall visit the site on a regular basis coordinating with the Contractor and the City's Project Manager. This scope of services includes 30 site visits over a project duration of approximately 12 months (average of one (1) site visit every other week). The actual number and length of visits per week will vary based on ongoing construction activities during a particular week, communication with the contractor and the ENGINEER, and coordination with the City's Project Manager. 5.10.2.The CONSTRUCTION REPRESENTATIVE will communicate with the City's Project Manager and the ENGINEER when it is determined, and approved by the CITY, that the ENGINEER will visit the site, and will coordinate the visit with appropriate parties.. 5.10.3.The CONSTRUCTION REPRESENTATIVE will coordinate with the City's Project Manager to schedule and conduct a visit to perform a substantial completion observation for determining if the project was constructed in accordance with the plans and specifications. This visit will be scheduled after the facilities have been placed into service. The CONSTRUCTION REPRESENTATIVE will compile a list of items of work to be completed by contractor based on the observations performed by the CITY and the CONSTRUCTION REPRESENTATIVE. 5.11.Meetings and Phone Conferences 5.11.1.Progress Meetings — The CONSTRUCTION REPRESENTATIVE will schedule and conduct progress meetings and conference calls. 5.11.2.Additional Phone Conferences — The CONSTRUCTION REPRESENTATIVE will schedule and conduct additional phone conferences as needed and directed by the CITY's Project Manager. 5.12.Record Drawings Freese and Nichols, Inc. Page 15 of 19 L1Resourcesk0LCRIL1Luhtwck1PS Intake Metering Ph IWake Metere_Profeaalonal Agreement_9-13-15.docx 5.12.1.Record drawings are defined as the set of drawings produced by the CONSTRUCTION REPRESENTATIVE that incorporate modifications from the original design drawings made during the construction. Record Drawings shall reflect constructed facilities "as -built" based on the information provided by the Contractor and the CITY's CONSTRUCTION REPRESENTATIVE per the CONSTRUCTION PHASE PROFESSIONAL SERVICES CONTRACT. The CONSTRUCTION REPRESENTATIVE will review the contractor's as -built drawings on a regular basis to confirm that they are being updated promptly and adequately. When construction is complete, the CONSTRUCTION REPRESENTATIVE will receive and review the as -built drawings from the contractor, and will then furnish these drawings, field notes, and other documents as needed to the ENGINEER for preparation of the Record Drawings that will reflect changes to the project made during construction. The CONSTRUCTION REPRESENTATIVE will revise the construction drawings for the Electrical and Instrumentation changes made in accordance with the information furnished by construction Contractor(s) reflecting changes in the Project made during construction. Five (5) half -sized sets and Two (2) full-sized sets of prints of "Record Drawings" shall be provided by FNI to the CITY. 6. Conservation of Funding 6.1. Budgeted fees calculated in each of the task categories listed above which go unused may be carried over into other task categories, but not applied to tasks outside the scope of this agreement. 6.2. All transfer for fees for services that go unused must be communicated to the CITY's Project Manager. 6.3. All unused fees that are not transferred to other tasks are expected to be reflected on invoices as unspent budget. Freese and Nichols, Inc. Page 16 of 19 L:Uiesourcesl0LCML1ubbockTS Intake Metering Ph 1Untake Meters_Professlonal Agreement 9-13-15.docx 7. Internet Based Construction Management 7.1. The CONSTRUCTION REPRESENTATIVE will provide, for use by the CITY and selected Contractor, an internet-based construction management system. This system will be eBuilder, ProjectMates or approved equal. 7.2. The CONSTRUCTION REPRESENTATIVE will establish and maintain the project construction management system consistent with the requirements of the construction contract documents. The CONSTRUCTION REPRESENTATIVE will monitor the processing of contractor's submittals and provide for distribution, filing and retrieval of project documents, and provide monthly reports indicating the status of all submittals in the review process. 7.3. The CONSTRUCTION REPRESENTATIVE will monitor the process of the Contractor in sending and processing submittals to see that documentations is being processed in accordance with schedules. 7.4. The CONSTRUCTION REPRESENTATIVE will provide password protected access to the system for CITY, ENGINEER, Contractor, and other parties as needed. 8. Additional Services 8.1. Additional services may be performed by the CONSTRUCTION REPRESENTATIVE, if authorized by the CITY, and include any services not specifically included in the proposed scope of services in this contract. 8.2. Additional services, which may be required by the CITY, shall be based on the actual hours and costs in accordance with Exhibit C. No work will be undertaken with this item without specific written authorization from the CITY. 9. Other Provisions 9.1. The CONSTRUCTION REPRESENTATIVE's compensation is based on immediate authorization to proceed and timely completion of the project. If the project timing deviates from the assumed schedule for causes beyond the CONSTRUCTION REPRESENTATIVE's control, the CONSTRUCTION REPRESENTATIVE reserves the right to request renegotiation of the rates for those portions affected by the time change according to the hourly rates listed in Exhibit C. Freese and Nichols, Inc. Page 17 of 19 L:Uiesaurceal0LCML1LubbackTS Intake Metering Ph 1Untake Meters_Professlonal Agreennent_9.17.15.docx FREESE AND NICHOLS, INC. EXHIBIT B This Exhibit B is part of the Agreement between Freese and Nichols, Inc. (the "CONSTRUCTION REPRESENTATIVE") and the City of Lubbock (the "CITY") for a Project here in so called generally described as: PUMP STATION INTAKE METERING PHASE I 1. Budget Amount by Scope Item for Basic Construction Representation Services: Item Task Name Fee 1 Bid and Award Phase $19,696 2 Site Visits/Onsite Inspections $27,477 3 Project Management $5,220 4 Shop Drawing Review $5,500 5 Reimbursable Expenses $6,100 TOTAL (Not to Exceed) $63,993 Terms of Payment Payments to the CONSTRUCTION REPRESENTATIVE will be made as follows: A. The CONSTRUCTION REPRESENTATIVE shall provide the CITY sufficient documentation to reasonably substantiate the invoices. B. The CONSTRUCTION REPRESENTATIVE will issue monthly invoices for all work performed under this Agreement. Invoices are due and payment within 30 days of approved receipt. C. In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. D. If the CITY fails to make payment in full to the CONSTRUCTION REPRESENTATIVE for billings contested in good faith within 60 days of the amount due, the CONSTRUCTION REPRESENTATIVE may, after giving seven (7) days' written notice to CITY, suspend services under this Agreement until paid in full, including interest. In the event of suspension of services, the CONSTRUCTION REPRESENTATIVE shall have no liability to the CITY for delays or damages caused the CITY because of such suspension of services. Freese and Nichols, Inc. Page 18 of 19 L XResourcesl0LCML%LubbocklPS Intake Metering Ph 1Vntake Metere_Professlonal Agreement_9-17-15.docx 3. Direct Expenses (Reimbursable) A. The CONSTRUCTION REPRESENTATIVE's Reimbursable Expenses, when part of the basis of compensation, are those costs incurred on or directly for the CITY's project, including, but not limited to: necessary transportation costs, including CONSTRUCTION REPRESENTATIVE's current rates for CONSTRUCTION REPRESENTATIVE's vehicles; meals and lodging; laboratory test and analyses; computer services; word processing services, telephone, printing, binding, and reproduction charges; all reimbursable costs associated with outside consultants, subconsultants, subcontractors, and other outside services and facilities; and other similar costs. Reimbursement for Reimbursable Expenses will be on the basis of actual charges when furnished by commercial sources and on the basis of current rates when furnished by the CONSTRUCTION REPRESENTATIVE. CONSTRUCTION REPRESENTATIVE and subcontractor direct (reimbursable) expenses will be billed at cost plus a 10 percent (10%) surcharge. B. The CONSTRUCTION REPRESENTATIVE will be paid on an hourly basis rate, as shown in Exhibit C, and any subcontractor personnel services will be billed at cost as shown in Exhibit C. CONSTRUCTION REPRESENTATIVE and subcontractor direct (reimbursable) expenses will be billed at cost plus a 10 percent (10%) surcharge. C. The CONSTRUCTION REPRESENTATIVE shall keep records on the basis of generally accepted accounting practices of costs and expenses and such records shall be available for inspection by the CITY during normal business hours. 4. Not to Exceed Compensation The CONSTRUCTION REPRESENTATIVE will perform the Services described in Exhibit A at a "Not to Exceed" total compensation amount of $63,993 unless this Agreement is amended otherwise by the City Council. The final compensation for the major tasks can be over or under the estimated budget amount per task, as shown in this Exhibit B, as long as the total "Not to Exceed" amount is not surpassed. Freese and Nichols, Inc. Page 19 of 19 L %Resources%0LCR1L1LubbccMPS Intake Metering Ph 1Untake Meters_Professlonal Agreement_9-17-15,docs EXHIBIT C COMPENSATION Not to Exceed: Compensation to FNI for Basic Services in Attachment SC shall be computed on the basis of the Schedule of Charges, but shall not exceed Sixty Three Thousand Nine Hundred Ninety Three Dollars ($63,993). If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Schedule of Charges: Bulk Printing and Reproduction $8.50 per hour Black and White Position Rae Position Rate PRINCIPAL 389 3D VISUALIZATION COORDINATOR 190 GROUP MANAGER 272 ENVIRONMENTAL SCIENTIST VII 243 ENGINEER VIII 295 ENVIRONMENTAL SCIENTIST VI 212 ENGINEER VII 289 ENVIRONMENTAL SCIENTIST V 179 ENGINEER VI 251 ENVIRONMENTAL SCIENTIST IV 156 ENGINEER V 196 ENVIRONMENTAL SCIENTIST III 134 ENGINEER IV 179 ENVIRONMENTAL SCIENTIST II 94 ENGINEER III 159 ENVIRONMENTAL SCIENTIST 1 93 ENGINEER II 150 ARCHITECT VI 214 ENGINEER 1 124 ARCHITECT V 194 ELECTRICAL ENGINEER VI 238 ARCHITECT IV 156 ELECTRICAL ENGINEER V 192 ARCHITECT III 150 ELECTRICAL ENGINEER IV 158 ARCHITECT II 121 ELECTRICAL ENGINEER III 145 ARCHITECT 1 104 ELECTRICAL ENGINEER II 140 PLANNER VI 226 ELECTRICAL ENGINEER 1 133 PLANNER V 174 MECHANICAL ENGINEER VI 228 PLANNER IV 137 MECHANICAL ENGINEER V 202 PLANNER III 125 MECHANICAL ENGINEER IV 177 PLANNER[ 103 MECHANICAL ENGINEER III 156 HYDROLOGIST V 196 PROGRAM MANAGER II 233 HYDROLOGIST IV 154 CONSTRUCTION CONTRACT ADMIN III (Manager) 195 HYDROLOGIST III 142 CONSTRUCTION CONTRACT ADMIN III (Spec. Insp) 160 HYDROLOGIST II 130 CONSTRUCTION CONTRACT ADMIN III (CM) 145 SENIOR GEOLOGIST 152 CONSTRUCTION CONTRACT ADMIN III (RPR) 111 GEOTECHNICAL ENGINEER VI 251 CONSTRUCTION CONTRACT ADMIN II ( RPR) 126 PUBLIC INVOLVEMENT COORDINATOR 143 CONSTRUCTION CONTRACT ADMIN I (DCS II) 118 WEB SERVICES ADMINISTRATOR 167 CONSTRUCTION CONTRACT ADMIN I (DCS) 106 WORD PROCESSING/SECRETARIAL 86 DOCUMENT CONTROL CLERK 110 OPERATIONS ANALYST 155 SR DESIGNER 197 CONTRACT ADMINISTRATOR 98 DESIGNER II 168 INFORMATION SERVICES ADMINISTRATOF 85 DESIGNER 1 141 INFORMATION SERVICES CLERK III 67 CADD DESIGNER 168 INFORMATION SERVICES CLERK II 63 TECHNICIAN IV 145 INFORMATION SERVICES CLERK 1 62 TECHNICIAN III 115 CO-OP 75 TECHNICIAN 11 96 STORMWATER ENGINEER VII 215 TECHNICIAN 1 74 STORMWATER ENGINEER VI 198 GIS COORDINATOR 148 STORMWATER ENGINEER V 175 GIS ANALYST IV 138 STORMWATER ENGINEER IV 150 GIS ANALYST III 114 STORMWATER ENGINEER III 131 GIS ANALYST II 97 STORMWATER ENGINEER II 113 GIS ANALYST 1 75 STORMWATER ENGINEER 1 106 Rates for In -House Servi Technology Charge Bulk Printing and Reproduction $8.50 per hour Black and White $0.10 per copy Color $0.25 per copy Travel Plot - Bond $2.50 per plot Standard IRS Rates Plot - Color $5.75 per plot Plot - Other $5.00 per plot Binding $0.25 per binding OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. These ranges and rates will be adjusted annually in February. LUB15 FREEAND-02 RBROOKS TE ACRO CERTIFICATE OF LIABILITY INSURANCE DA 7/28/2015 [MMIDDfYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME:_ Ames & Gough PHONE — FAX 8300 Greensboro Drive ac Ne E, : (703) 827-2277 (ANC. No): (703) 827-2279 Suite 980 ADDRESS: admin@amesgough.com McLean, VA 22102 INSURER(S) AFFORDING COVERAGE NAIC # INSURED Freese and Nichols, Inc. 4055 International Plaza, Suite 200 Fort Worth, TX 76109 INSURER A: Travelers Lloyds Insurance Company INSURER B: Charter Oak Fire Insurance Company A+ (XV) 25615 INSURER C: Travelers Indemnity Company 25658 INSURER D: Travelers Casualty & Surety Co. of America A+, XV 31194 INSURER E: Continental Casualty Company (CNA) A(XV) 20443 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A 0 BRj POLICY EFF POLICY EXP LTR TYPE OF INSURANCE p yyyp POLICY NUMBER IMMIDD/YYYY1 (MM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00C X❑ PACP-3C749897 TX 10/23/2014 10/23/2015 -6A -a-ToIRERTE6 1,000 OOC CLAIMS -MADE OCCUR ( ) PREMISES Ea occurrence $ , X Contractual Liab. MED EXP A $ 10 000 GEN'L AGGREGATE LIMIT APPLIES PER: X] POLICY PRO- JECT LOC AUTOMOBILE LIABILITY B X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS X UMBRELLA LIA� OCCUR C EXCESS LIAB CLAIMS -MADE DED X T RETENTION $ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N D ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? �NIA (Mandatory In NH) If yas, describe under DESCRIPTION OF OPERATIONS below E Professional E Liability i8101179R51A i CUP -4C453408 U B-3974T65A ( An one person) , PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG S 2,000,000 10/23/2014 10/23/2015 E.L. EACH ACCIDENT I $ E.L. DISEASE - EA EMPLOYEd $ E.L. DISEASE - POLICY LIMIT 1 $ 008214422 10/23/2014 10/23/2015 Per Claim 008214422 10/23/2014 10/23/2015 Anarenatf DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Policy Coverage Continued Commercial General Liability: All Other States (Occurrence Form) Policy Number: 680-3C754140 (AOS) Insurer: Travelers Indemnity Company of Connecticut Policy Effective: 10/23/14 1 Policy Expiration: 10/23/15 Policy Limits: Equal to General Liability Policy listed above ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION 1 10 10 1 1 1 10 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lubbock Purchasing and Contract Management Office THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1625 13th Street, Room 204 ACCORDANCE WITH THE POLICY PROVISIONS. Lubbock, TX 79401 -- -- -- AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD $ 10/23/2014 10/23/2015 COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ 10/23/2014 10/23/20151 EACH OCCURRENCE I $ AGGREGATE I $ 10/23/2014 10/23/2015 E.L. EACH ACCIDENT I $ E.L. DISEASE - EA EMPLOYEd $ E.L. DISEASE - POLICY LIMIT 1 $ 008214422 10/23/2014 10/23/2015 Per Claim 008214422 10/23/2014 10/23/2015 Anarenatf DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Policy Coverage Continued Commercial General Liability: All Other States (Occurrence Form) Policy Number: 680-3C754140 (AOS) Insurer: Travelers Indemnity Company of Connecticut Policy Effective: 10/23/14 1 Policy Expiration: 10/23/15 Policy Limits: Equal to General Liability Policy listed above ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION 1 10 10 1 1 1 10 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lubbock Purchasing and Contract Management Office THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1625 13th Street, Room 204 ACCORDANCE WITH THE POLICY PROVISIONS. Lubbock, TX 79401 -- -- -- AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: FREEAND-02 RBROOKS LOC #: 1 AC40R O ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED kmes & Gough Freese and Nichols, Inc. POLICY NUMBER 4055 International Plaza, Suite 200 Fort worth, TX 76109 'EE PAGE 1 CARRIER NAIC CODE 'EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: RE: PUMP STATION INTAKE METERING PHASE 1 Certificate Holder is included as additional insured with respects to General Liability, Auto Liability, and Umbrella Liability when required by written contract. General Liability is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract. Auto Liability, General Liability and Worker's Compensation policies include waiver of subrogation in favor of the certificate holder where permissible by state law and when required by written contract. PL Retro Active Date: 11/01/1965 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY Policy #: PACP3C749897 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 O 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL AUTO Policy #: 8101179R51A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in that "em- An Insured, of SECTION II — LIABILITY COV- ployee's" name, with your permission, while ERAGE: CA T4 20 07 10 © 2010 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Effects cover- age. Page 2 of 3 © 2010 The Travelers Indemnity Company. All rights reserved. CA T4 20 07 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total 'loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss'; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident' or 'loss", pro- vided that the "accident' or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 07 10 © 2010 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. TRAVELERS COMPENSATION WORKERS AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 42 03 04 ( A) — 001 POLICY NUMBER: XCUB3974T65A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ❑ Specific Waiver Name of person or organization ❑X Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations describe. 4. Advance Premium: $ SEE SCHEDULE DATE OF ISSUE: 10-23-14 ST ASSIGN: Page 1 of 1