HomeMy WebLinkAboutResolution - 2014-R0304 - Contract - Freese & Nichols Inc.- Emergency Generator And Switchgear Project - 09/11/2014RESOLUTION
BE IT RESOLVED BY "I 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 Contract ("Contract") for
engineering services related to the Design of the Southeast Water Reclamation Plant Emergency
Generator and Switchgear PrQjcct, by and between the City of Lubbock and Freese and Nichols.
Inc., of' Fort Worth, Texas, 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
ber 11.2014
TSON, MAYOR
ATTEST:
Iiebtca Garza, City Secretark_�
APPROVED AS TO CONTENT:
� ,
R. Keith Smith, P.E., Director of Public Works
APPROVED AS TO FORM:
Richard K. Casner, Natural Resources and Utility Attorney
sj/RES.Prof Srvs Contract -Freese and Nichols, Inc.
8/18/14
PROFESSIONAL SERVICES CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This contract (the "Contract" or "Agreement"), effective as of the day of ,
2014 (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a Texas home rule
municipal corporation, and Freese and Nichols, Inc. ("ENGINEER"), a Texas professional corporation
authorized to conduct business in Texas.
WITNESSETH
WHEREAS, the City desires to obtain professional engineering services related to the Design of
the Southeast Water Reclamation Plant Emergency Generator and Switchgear Project (the "Activities" or
'"Project"); and
WHEREAS, ENGINEER has a professional staff experienced in, 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 ENGINEER to be a fair and reasonable price;
and
WHEREAS, the City desires to contract with ENGINEER to provide professional engineering
services related to the Activities and ENGINEER desires to provide the Services related to same.
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in
this Contract, the City and ENGINEER hereby agree as follows:
ARTICLE: I. TERM
The term of this Contract commences on the Effective Date and continues without interruption for
a term of 355 days, as set forth in Exhibits "A" and "S", attached to and made a part of this Agreement for
all purposes. If the ENGINEER determines that additional time is required to complete the Services, the City
Engineer, may , but is not obligated to, in his discretion, execute an agreement to grant up to an additional
six (5) months of time so long as the amount of the consideration does not increase. An amendment to this
FNI Professional Agreement Page 1 of 23
agreement resulting in an increase in the amount of the consideration must be approved by the City acting
through its governing body.
ARTICLE II. SERVICES AND COMPENSATION
A. ENGINEER shall conduct all activities and within such timeframes as set forth on Exhibit "A",
attached hereto (the "Services").
B. ENGINEER shall receive as consideration to be paid for the performance of the Services set forth
in General and Basic Services based on hourly rates, not to exceed $204,615.00, per Exhibit "A", Exhibit "B",
and Exhibit "C'.
ARTICLE III. TERMINATION
A. General. City may terminate this Contract, forany reason or convenience, upon thirty (30) days
written notice to ENGINEER. In the event this Agreement is so terminated, the City shall only pay ENGINEER
for services actually performed by ENGINEER up to the date ENGINEER is deemed to have received notice of
termination as provided herein.
B. Termination and Remedies. In the event ENGINEER breaches any term and/or provision of this
Contract, the City shall be entitled to exercise any right or remedy available to it by this Contract, at law,
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 Contract, this provision shall control.
FNI Professional Agreement Page 2 of 23
ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. ENGINEER is a corporation duly organized, validly existing, and in good standing under
the laws of the State of Texas and is qualified to carry on its business in the State of Texas.
B. Corporate Power. ENGINEER has the corporate power to enter into and perform this Contract
and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Contract and the activities
contemplated hereby have been duly and validly authorized by all the requisite corporate action on the
part of ENGINEER. This Contract constitutes legal, valid, and binding obligations of the ENGINEER and is
enforceable in accordance with the terms hereof.
D. Engineer. ENGINEER maintains a professional staff and employs, as needed, other qualified
specialists experienced in providing the Services, and are familiar with all laws, rules, and regulations, both
state and federal, including, without limitation the applicable laws, regarding the Activities contemplated
hereby.
E. Performance. ENGINEER will and shall conduct all activities contemplated by this Contract in
accordance with the standard of care, skill and diligence normally provided by a professional person in
performance of similar professional engineering services, and comply with all applicable laws, rules, and
regulations, both state and federal, relating to professional engineering services, as contemplated hereby.
F. Use of Copyrighted Material. ENGINEER warrants that any materials provided by ENGINEER for
use by City pursuant to this Contract shall not contain any proprietary material owned by any other party
that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or
contractual obligation relating to the use or reproduction of materials. ENGINEER shall be solely responsible
for ensuring that any materials provided by ENGINEER pursuant to this Contract satisfy this requirement
and ENGINEER agrees to indemnify and hold City harmless from all liability or loss caused to City or to
which City is exposed on account of ENGINEER's failure to perform this duty.
FNI Professional Agreement Page 3 of 23
ARTICLE VI. SCOPE OF SERVICES
ENGINEER shall accomplish the following:
Professional Engineering Services related to the Design of the Southeast Water Reclamation Plant Emergency
Generator and Switchgear Project, as defined and provided in Exhibit "A," "Scope of Services".
ARTICLE VII. INDEPENDENT CONTRACTOR STATUS
ENGINEER and City agree that ENGINEER shall perform the duties under this Contract as an
independent contractor and shall be considered as independent contractor under this Agreement and/or in
its activities hereunder for all purposes. ENGINEER has the sole discretion to determine the manner in
which the services are to be performed. During the performance of the Services under this Agreement,
Engineer and Engineer's employees and/or subconsultants, will not be considered, for any purpose,
employees or agents of the City within the meaning or the application of any federal, state or local law or
regulation, including without limitation, laws, rules or regulations regarding or related to unemployment
insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind.
ARTICLE VIII. INSURANCE
Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement,
except as otherwise provided herein, Insurance protection as hereinafter specified, in form and substance
satisfactory to City, carried with an insurance company authorized to transact business in the state of
Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including
without limitation, the indemnity obligations set forth herein. Engineer shall obtain and maintain in full
force and effect during the term of this Agreement, and shall cause each approved subcontractor or
subconsultant of Engineer to obtain and maintain in full force and effect during the term of this Agreement,
commercial general liability, professional liability and automobile liability coverage for non -owned and
hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance
companies must carry a Best's Rating of A -VII or better. All policies will be written on per occurrence basis,
subject to the following minimum limits of liability:
Commercial General Liability:
Per Occurrence Single Limit: $1,000,000
General Aggregate Limit: $2,000,000
FNI Professional Agreement Page 4 of 23
Professional Liability:
Combined Single Limit: $1,000,000
Automobile Liability:
Combined Single Limit for any auto: $1,000,000 Per Occurrence
Engineer shall further cause any approved subcontractor or subconsultant to procure and carry,
during the term of this Agreement, Professional Liability coverage, as specified above for Engineer,
protecting City against direct losses caused by the professional negligence of the approved subcontractor or
subconsultant. The City shall be listed as a primary and noncontributory additional insured with respect to
the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation
under those policies. Engineer shall provide a Certificate of Insurance to the City as evidence of coverage.
The certificate shall provide 30 days notice of cancellation. A copy of the additional insured
endorsement and waiver of subrogation attached to the polity will be included in the Certificate. Engineer
shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code.
Further, Engineer shall maintain said coverage throughout the term of this Agreement and shall comply
with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage.
The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's
Compensation. In either event, the policy must be endorsed to Include a waiver of subrogation in favor of
the City. If at any time during the life of the Agreement or any extension hereof, Engineer fails to maintain
the required insurance in full force and effect, Engineer shall be in breach hereof and all work under the
Agreement shall be discontinued immediately.
Notwithstanding anything contained herein to the contrary, the professional liability policy shall be
maintained at Engineer's sole cost and expense. The retroactive date shall be no later than the
commencement of the performance of this Contract and the discovery period (possibly through tail
coverage) shall be no less than ten (10) years after the completion of work specified in the Contract. The
provisions of this Article VIII shall survive the termination or expiration of this Agreement.
FNI Professional Agreement Page 5 of 23
ARTICLE IX. EMPLOYMENT OF AGENTSIRETAINING OF CONSULTANTS
ENGINEER may employ or retain consultants, contractors, or third parties (any of which are
referred to herein as "Subconsultant"), to perform certain duties of ENGINEER, as set forth on Exhibit "A",
attached hereto, under this Contract, provided that City approves the retaining of Subconsultants.
ENGINEER is at all times responsible to City to perform the Services as provided in this Agreement and
ENGINEER is in no event relieved of any obligation under this Contract upon retainage of any approved
Subconsultant. Any agent and/or Subconsultant retained and/or employed by ENGINEER shall be required
by ENGINEER to carry, for the protection and benefit of the City and ENGINEER and naming said third
parties as additional insureds, insurance as described above in this Contract.
ENGINEER represents that such services are either under applicable value thresholds or are
otherwise exempt from notice and/or bid requirements under Texas Law.
ARTICLE X. CONFIDENTIALITY
ENGINEER shall retain all information received from or concerning the City and the City's business
in strictest confidence and shall not reveal such information to third parties without prior written consent
of the City, unless otherwise required by law.
ARTICLE XI. INDEMNITY
ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED
OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS,
OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR
INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY
PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY,
THE NEGLIGENT ACTS OF ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO
THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OR
OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE
THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
FNI Professional Agreement Page 6 of 23
ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS
ENGINEER shall comply with all applicable federal, state and local laws, statutes, ordinances, rules
and regulations relating, in any way, manner or form, to the activities under this Contract, and any
amendments thereto.
ARTICLE XIII. NOTICE
A. General. Whenever notice from ENGINEER to City or City to ENGINEER is required or permitted
by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery
of the written notice to the other party by hand (in which case such notice shall be effective upon delivery);
(2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written
notice in the United States mail, properly addressed to the other party at the address provided in this
article, registered or certified mail, return receipt requested, in which case such notice shall be effective on
the third business day after such notice is so deposited.
B. ENGINEER's Address. ENGINEER's address and numbers for the purposes of notice are:
Freese and Nichols, Inc.
Attn: 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. 0. Box 2000
1625 13th Street
Lubbock, Texas 79457
Telephone: (806) 775 — 2342
Facsimile: (806) 775 — 3344
FNI Professional Agreement Page 7 of 23
D. Change of Address. Either party may change its address or numbers for purposes of notice by
giving written notice to the other party as provided herein, referring specifically to this Contract, and
setting forth such new address or numbers. The address or numbers shall become effective on the 15th day
after such notice is effective.
ARTICLE XIV. CITY -PROVIDED DATA
City shall furnish ENGINEER non -confidential studies, reports and other available data in the
possession of the City pertinent to ENGINEER's Services, so long as City is entitled to rely on such studies,
reports and other data forthe performance of ENGINEER's Services underthis Contract (the "Provided
Data"). ENGINEER shall be entitled to use and rely, so long as such reliance is reasonable, upon all such
Provided Data.
ARTICLE XV. MISCELLANEOUS
A. Captions. The captions forthe articles and sections in this Contract are inserted in this Contract
strictly forthe parties' convenience in identifying the provisions to this Contract and shall not be given any
effect in construing this Contract.
B. Audit. ENGINEER shall provide access to its corporate books and records to the City. The City may
audit, at its expense and during normal business hours, ENGINEER's books and records with respect to this
Contract between ENGINEER and City.
C. Records. ENGINEER shall maintain records that are necessary to substantiate the services
provided by ENGINEER.
D. Assignability. ENGINEER may not assign this Contract without the prior written approval of the
City.
E. Successor and Assigns. This Contract binds and inures to the benefit of the City and ENGINEER,
and in the case of City, its respective successors, legal representatives, and assigns, and in the case of
ENGINEER, its permitted successors and assigns.
F. Construction and Venue.
THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE
OF TEXAS. THIS CONTRACT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS, THE PARTIES HERETO HEREBY
FNI Professional Agreement Page 8 of 23
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 CONTRACTOR 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 ENGINEER and City.
I. Entire Agreement. This Contract, including Exhibits "A";'B," and "C", attached hereto, contains
the entire Contract between the City and ENGINEER, and there are no other written or oral promises,
conditions, warranties, or representations relating to or affecting the matters contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint
enterprise, partnership or principal —agent relationship between ENGINEER and the City.
K. Documents Owned by City. Any and all documents, drawings and specifications prepared by
ENGINEER as part of the Services hereunder, shall become the property of the City when ENGINEER has
been compensated as set forth in Article II, above. The ENGINEER shall make copies of any and all work
products for its files.
L. Notice of Waiver. A waiver by either City or ENGINEER of a breach of this Agreement must be in
writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver,
such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach.
M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or
benefits whatsoever to any party other than City and ENGINEER.
N. 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 the Contract, the City will terminate the
FNI Professional Agreement Page 9 of 23
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 goods or 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 ENGINEER 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.
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
Gle . Robertson, Mayor
ATTEST:
_a�' �:__k
Reb ca Garza, City Secretary
APPROVED AS TO CONTENT:
/L 4Wrnkln, P.E., City Engineer
n Turpin, P.E., Chie ater Utilities Engineer
FNI Professional Agreement Page 10 of 23
APPROVED AS TO FORM:
Richard Casner, Assistant City Attorney
FREESE AND NICHOLS, INC.
By: W'
Name: Donald W. Lampe, P.E.
Title: Principal
FNI Professional Agreement Page 11 of 23
EXHIBIT A, PART 1
SCOPE OF SERVICES FOR FINAL DESIGN
SOUTHEAST WATER RECLAMATION PLANT
EMERGENCY GENERATOR AND SWITCHGEAR
GENERAL:
The Southeast Water Reclamation Emergency Generator and Switchgear Final Design Phase and the Bid and
Award Phase- (the Project) includes the following:
• Design portable generator at Intermediate Lift Station to operate two of the pumps
• Design motor operator for gate a Lift Station 48 with back-up generator
• Design walkway out to sump pump at Lift Station 48
• Replacement of Unit Substation at Headworks to increase capacity and alleviate nuisance
tripping issues
• Design building to enclose Main 12.47kV Switchgear
• Conduct topographic survey
• Prepare Final Contract Documents for bidding purposes
• Assist OWNER in the advertisement of the Project
• Attend pre-bid meeting
• Attend bid opening and evaluate bids
• Assist OWNER in the preparation of documents for execution of the construction contracts
The following are not part of the Project. If added to the Project, additional compensation will be granted to
ENGINEER (sometimes referred to herein as FNI):
Construction Phase for Emergency Electric Generators— General and Resident Representation
services. The scope and fee for the Construction Phase will be negotiated once the Final Design
and Bid and Award Phases have been completed.
FNI Professional Agreement Page 12 of 23
The OWNER shall provide the following items for the development of the Project:
1. Pay for all fees, permits, utilities, and electric power service costs.
2. The OWNER shall designate a person to act as OWNER's representative during the Project
BASIC SERVICES: The Basic Services include project administration, preliminary investigations, preparation
of detailed design and construction documents. FNI shall render the following professional services in
connection with the development of the Project:
A. PROJECT MANAGEMENT: FNI will provide the following as part of the Basic Services of the Project:
1. Attend a kick-off meeting to clarify OWNER'S requirements for the project, review pertinent data,
review project staffing and organization, and present the initial work plan and schedule.
2. Provide administration and management of the Project. Review ongoing activities of all parties.
Monitor schedule monthly. Monitor and update budget at milestones. Review progress with
OWNER's project team on a monthly basis.
3. Provide monthly update reports which include the following:
• Status of the work
• Major tasks to be completed in the next month
• Discussion of major issues
• Scope changes to project scope or Engineer's scope
• Project budget update (if major changes since the last update)
• Project schedule update (if major changes since the last update)
• Status of deliverables
B. FINAL DESIGN PHASE: FNI will provide the following as part of the final design phase:
1. Obtain and review OWNER -furnished front end documents, general conditions, and special
conditions for the construction contracts. Meet with OWNER to resolve review comments, and revise
OWNER's standard documents accordingly.
2. Prepare plans, specifications, contract documents, designs, and layouts of improvements to be
constructed.
FNI Professional Agreement Page 13 of 23
3. Advise OWNER of need for and recommend scope of Additional Services. The cost of any additional
special services are not included in the services performed by FNI unless they are included pursuant
to Exhibit A — Special Services.
4. Prepare applications for routine permits such as road and railroad crossing permits, and building code
permitting (if any).
5. Submit plans, specifications, and contract documents to the applicable federal and state agency(s)
for approval, where required. Submittals will include, but not necessarily be limited to, the TCEQ.
6. Furnish necessary information to utility companies whose facilities may be affected or services may
be required for the Project.
7. 60% Review: Furnish OWNER ten (10) copies of preliminary (60%) plans and specifications marked
'Preliminary' for approval by OWNER. FNI will meet with the OWNER to present the preliminary
plans and specifications and receive comments. Review documents will include dimensional layout
drawings, plans, sections and elevations of the facilities for all of the trades, typical details, and most
special details. The drawings will be in sufficient development to show the overall layouts and design
intent, but will lack many notes and minor details. The specifications will include the front end
documents and draft specifications for major equipment items.
B. 95% Review: Furnish OWNER ten (10) copies of preliminary (95%) plans, specifications, and bid
proposals marked "Preliminary" for approval by OWNER. FNI will meet with the OWNER to present
the preliminary plans and specifications and receive comments. Upon final approval by OWNER, FNI
will complete the plans and specifications and provide OWNER ten (30) sets of copies of "Final" plans
and specifications. Review documents will include all drawing sheets and specifications with some
minor corrections and notes still remaining.
9. Prepare bidder's proposal forms (project quantities) of the improvements to be constructed.
10. Prepare revised opinion of probable construction cost at 60% and 95% Reviews.
C. BID AND AWARD PHASE: Upon completion of the design services and approval of "Final" plans and
specifications by OWNER, FNI will proceed with the performance of services in this phase as follows:
1. Assist OWNER in securing bids, issuing notice to bidders and notifying selected plan rooms. The
notice to bidders will be furnished to OWNER for publication in the local news media. The cost
for publications shall be paid by OWNER.
2. Attend a pre-bid conference, if any, for each of the construction contracts.
3. Issue Addenda as appropriate to clarify, correct, or change the bidding documents.
4. Assist OWNER in the opening, tabulation, and analysis of the bids received and furnish
recommendations on the award of contracts as appropriate.
FNI Professional Agreement Page 14 of 23
5. Assist OWNER in the preparation of documents for execution of the construction contracts. FNI
will conform the contract documents, make six original copies for execution. FNI will also make
twenty conformed copies of the plans and specifications for use by the Contractor and OWNER
and Engineer. The twenty copies will include ten full size copies and ten half size copies.
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.
D. TOPOGRAPHIC SURVEY: FNI will provide a topographic survey. Field topographic survey will be
performed at the location of the proposed sites where modifications will be made to provide adequate
information for final design work.
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
AGREEMENT and agrees to complete the services in accordance with the following schedule:
• 60% Design Submittal— Submit 60% design submittal within 45 calendar days of
written notice to proceed.
95% Design Submittal— Submit 95% design document within 45 calendar days of 60%
design submittal review meeting with the City.
Final (100%) Design Submittal— Submit final design submittal within 30 calendar days of 90%
design submittal review meeting with the City.
The above schedule is based upon OWNER review of the submittals within two weeks of submittal.
If FNI's services are delayed through no fault of FNI and/or its subconsultants, FNI shall be entitled to adjust
contract schedule consistent with the number of days of delay. These delays may include but are not limited
to delays in OWNER or regulatory reviews, delays on the flow of information to be provided to FNI by OWNER
and, governmental approvals. These delays may result in an adjustment to compensation if agreed to by
OWNER.
In the event FNI shall claim a delay through no fault of it or its subconsultants, FNI shall provide notice to
OWNER on or before five (5) days after the occurrence of such delay and shall use its best efforts to eliminate
such delay. In the event FNI shall not provide such timely notice, it shall not be entitled to any relief
hereunder.
FNI Professional Agreement Page 15 of 23
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives:
Owner's Designated Representative—Zoltan Fekete 162513`1 Street, Lubbock, Texas 79401; Phone 806-
775-3317; email: ZFekete@mail.ci.lubbock,tx.us
Freese and Nichols Project Manager: Jeff Hensley, 4055 International Plaza, Suite 200, Fort Worth, Texas
76109-4895; Phone: 817-735-7300, Fax: 817-735-7491; email: jnh@freese.com
Freese and Nichols Accounting Representative: Sharon James, 4055 International Plaza, Suite. 200, Fort
Worth, Texas 76309-4895; Phone: (817)735-7300, Fax: (817)735-7491; email: sdj@freese.com
FNI Professional Agreement Page 16 of 23
EXHIBIT A, PART 2 -ADDITIONAL SERVICES
FINAL DESIGN SOUTHEAST WATER RECLAMATION PLANT
EMERGENCY GENERATOR AND SWITCHGEAR
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by OWNER, which are not
included in the above described basic services, are described as follows:
A. CONSTRUCTION PHASE SERVICES: Construction Phase Services for the Project are not included in
this contract. The scope and fee for the Construction Phase may be negotiated if the City and FNI
jointly so agree once the Final Design and Bid and Award Phases have been completed.
B. Geotechnical Engineering.
C. GIS mapping services or assistance with these services.
D. Making property, boundary and right-of-way surveys, preparation of easement and deed
descriptions, including title search and examination of deed records.
E. Providing services to investigate existing conditions or facilities, or to make measured drawings
thereof, or to verify the accuracy of drawings or other information furnished by OWNER.
F. Providing renderings, model, and mock-ups requested by the OWNER.
G. Making revisions to drawings, specifications or other documents when such revisions are 1) not
consistent with approvals or instructions previously given by OWNER or 2) due to other causes not
solely within the control of FNI and/or its subconsultants.
H. Providing consultation concerning the replacement of any work damaged by fire or other cause
during the construction, and providing services as may be required in connection with the
replacement of such work.
I. Investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
FNI Professional Agreement Page 17 of 23
evaluations, assessment schedules, and material audits or inventories required for certification of
force account construction performed by OWNER.
J. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
K. Providing shop,mill, field or laboratory inspection of materials and equipment. Observe factory tests
of equipment at any site remote to the project or observing tests required as a result of equipment
failing the initial test.
L. Conducting pilot plant studies or tests.
M. Design of alternates for alternate bidding.
N. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition,
and preparations therefore before any regulatory agency, court, arbitration panel or mediator.
O. Furnishing Special Inspections required under chapter 17 of the International Building Code. These
Special Inspections are often continuous, requiring an inspector dedicated to inspection of the
individual work item, and they are in additional to General Representation and Resident
Representation services noted elsewhere in the contract. These continuous inspection services can
be provided by FNI as an Additional Service.
P. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute review
boards, or other legal and/or administrative proceedings in the defense or prosecution of claims
disputes with Contractor(s), so long as FNI is not a party to such proceedings.
O. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
deviations from the drawings and specifications.
R. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those
services contemplated by this AGREEMENT, so long as FNI is not party to such proceedings. Such
services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside
of and in addition to this AGREEMENT.
FNI Professional Agreement Page 18 of 23
S. Providing environmental support services including the design and implementation of ecological
baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance,
and other assistance required to address environmental issues.
T. Design, contract modifications, studies or analysis required to comply with local, State, Federal or
other regulatory agencies that become effective after the date of this Agreement.
U. Providing Basic or Additional Services on an accelerated time schedule. The scope of this service will
include costs for overtime wages of employees and consultants, inefficiencies in work sequence and
plotting or reproduction costs directly attributable to an accelerated time schedule directed by the
OWNER.
V. Providing services made necessary because of unforeseen, concealed, or differing site conditions or
due to the presence of hazardous substances in any form.
W. Additional compensation may be requested by FNI if the project is unduly prolonged due to delays
beyond the control of FNI and/or its subconsultants.
X. Preparing statements for invoicing or other documentation for billing other than for the standard
invoice for services attached to this Professional Services Agreement.
FNI Professional Agreement Page 19 of 23
EXHIBIT A, PART 3 —OWNER'S RESPONSIBILITIES
FINAL DESIGN SOUTHEAST WATER RECLAMATION PLANT
EMERGENCY GENERATOR AND SWITCHGEAR
RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the services
of FNI:
A. Designate in writing a person to act as OWNER's representative with respect to the services to be
rendered under this AGREEMENT. Such person shall have authority to transmit instructions, receive
information, Interpret and define OWNER's policies and decisions with respect to FNI's services for
the Project.
B. Provide all criteria and full information as to OWNER's requirements for the Project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations; and furnish copies of all design and construction
standards which OWNER will require to be included in the drawings and specifications.
C. Assist FNI by placing at FNI's disposal subject to the terms of this AGREEMENT, all available
information pertinent to the Project including previous reports and any other data relative to design
or construction of the Project.
D. Arrange for access to and make all provisions for FNI to enter upon public property as required for
FNI to perform services underthis AGREEMENT.
E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as OWNER
deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of FNI.
F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project
and such approvals and consents from others as may be necessary for completion of the Project,
unless FNI is required to provide same under the terms of this AGREEMENT.
G. Provide such accounting, independent cost estimating and insurance counseling services as may be
required for the Project as OWNER deems appropriate, such legal services as OWNER may require or
FNI may reasonably request with regard to legal issues pertaining to the Project including any that
may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for
what purpose any Contractor has used the moneys paid under the construction contract, and such
inspection services as OWNER may require to ascertain that Contractor(s) are complying with any
law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work.
H. Review the draft plans and specifications and provide comments to FNI.
I. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit A, Part 2 of this
AGREEMENT or other services as required, if deemed appropriate by OWNER.
FNI Professional Agreement Page 20 of 23
The OWNER reserves the right to direct substantial revision of the Plans and Specifications after
approval by the OWNER as OWNER may deem necessary, but in such event the OWNER shall pay FNI
just and equitable compensation for services rendered in making such revisions. OWNER shall not
be obligated to pay FNI for said revisions should they be necessary as a result of the design and/or
Contract Documents being in any manner defective or deficient.
K. Bear all costs incident to compliance with the requirements of OWNER'S responsibilities.
FNI Professional Agreement Page 21 of 23
EXHIBIT B - BUDGET
CITY and ENGINEER have established a not -to -exceed budget of $204,615.00 to complete all services under
this AGREEMENT. This amount will not be exceeded without a contract amendment, CITY will pay the
ENGINEER hourly, for services identified in Exhibit A, based on ENGINEERS Fee Schedule presented as EXHIBIT
C. Subconsultant services will be billed at cost to ENGINEER with a 10 percent handling fee. The Budget is
presented in Exhibit C. CITY and ENGINEER agree to allow redistribution of funds between Tasks as
appropriate to allow flexibility in providing the needed services within the not -to -exceed budget.
ENGINEER agrees to complete these services as delineated above. Should there be a Change in Scope of
Work or Time of Performance, then this can result in an amendment to this contract which shall be negotiated
at that time.
This Contract assumes and requires that all work will be completed within 365 calendar days from the
Notice to Proceed.
FNI Professional Agreement cage 22 of 23
EXHIBIT C
FEE SCHEDULE
This Exhibit C is part of the Agreement, between Freese and Nichols, Inc. (FNI) (the "Engineer") and the City
of Lubbock (the "City') for the Project generally described as:
Final Design Southeast Water Reclamation Plant Emergency
Generator and Switchgear
1. Budget Amount by Scope Item Task
Task No.
Task Name
Budget Not to
Exceed
1
Kick -Off Meeting/Design
$35,567
Development/Project
Meetings/Site Visits
2
60% Design
$79,048
3
95% Design
$54,654
4.
100% Design
$16,100
S.
Bid & Award Phase
$19,246
TOTAL (Not to Exceed)
$204,615
FNI Professional Agreement Page 23 of 23
'MIN06 JOI LUIS JO ewes em !U!w+wl0ll cam aeAoldwa INA Opp INA w Ism am colewpwtlde dnVm mol 0'Z to Jolldpinw
ewll
lam Is polopq eq Am eml.ues Boom smwee Vans wloysd al luawdln W Pus mm edsmi
seppa+d INA wa4m s"Midwe INA'U0u Aq esno4-ul paw+oped tom"oc
COO Pus o"MIdwo INA mu Aq powioyod ew!uas oularyasaday wapnatl+pA-vngwew Vols UaN+ama vuoued ryapuedopul Aq euap as o1 pe+!nEw y+am+e410
pug 'Ise) slaquus 4OIwog110 slsos Oumsoul'Wom am a palely Alimilp sacuodxo Sn000O[Iws!W lamO Pug 801110 INA 041 wwl Aame muws!cgns we upswAd sB
'lanap'ecuedxe u0geawnwwm'asuadx0 mitonpwdw pug pwaud aptslno apnlaul Aegl '01'L
to Japtlglnw a Gawp Ism lenue is Peungw!e+a+e sasuodxo 1OwIp Jawo
S3SN3d$d 103810 83H10
xOOCI JW SL SS Bu!pula
lost Jim COOL$ uo9oolea Sao
muow+od OO COLS Jose"H!suea
Adm aps olgnop Jm M as
onawadcIv Ounsai
MAO Rpm alBu!e+M at as Buquud 8 Sadao w"M V Vela
lad utl 9Z So +oNO
/dm epa agnop to 0 it
)old rod ao as +0410
Mm epic Glows Jed as 02 Bugupd 9 valdoo Joloo
Iold+Od as to Puo9 +Vied Pp at$ SYOpwS OVO Od
o4S lupd
+alio OVD puusln wap
I HI
-Allenuue pavan 1p0 eq Illm capvie0 I9npNI3UI PUB OOBUW aql
EOEL
I1SAIVNV SID
M96
II 1SAIVNV SIO
SL 801
III 1SAIVNV SIO
SZ'lC1
Al 1SAIVNV SID
Oo'"t
UOIVN108000 SIO
09 CL
INNOINH031
S9'96
It NVIOINH031
Solt i
III NVIOINH031
09Zot
Al NVIOINHO31
SO OL
d0-00
00'9ol
83NOIS3000V0
GL LS
I H8310 MIAMI NOIIV"80AN1
09 at L
182NDIS90
0089
II N8310 S301A83S NOI1VW80dNl
So'99L
II 83NOIS30
00'C9
III NU310 S301A83S N011VWtlOdNI
SC'961
N4NOIS30 US
00'6L
801V81SINIWOV S301AU3S. NOLLVW80ANI
90 act
NU313 IO81NOO 11431sn000
00 to
801y81SIN1"OV 10tl 11400
09 911,
(tldtl SdSd) I NINOV 1D"IN00 N0110ntl1SN09
SB Sot
1S WWSNOU"gdO
SL 68
(HOWL NI"ay 13"INOO NOIlo0815NOo
9009
1yI11y138D3S/ONISS30OW MOM
O['1.It
(11 SOO) I NI"OV 10"INI NOIlon819NOo
09 L9
801V81SINI"OV MAUI 83M
a0'BZi
(tldtl Sd HV1)11 NIWOV lOV81NOO NOIlon81SN00
a0 set
801VNI000OO 1NRINWOANI on9nd
OD SOL
WdH'+S) It NINDY 10V81NOD N0110nbiSNOO
SZ'BCZ
IA 8331410143 lVOINH031030
09'9Ct
(WO) III NI"OV 13V81NOO 401101181SN00
00'IZL
II ISIDO1080AH
9Z Lot
(deul'aatl5)III NI"OV 10V81NOO 4011011tl1SN00
SUCCI
III ISIOOIO80AH
oz set
(00) III NI"OV lOV81NOO NO1101181SN00
Do vol.
Al ISI901080AH
09'ZZZ
II H30VNVW NVe008d
00'001
AISIOOlO80AH
W'Lot
III 833NlaN3 IVOINVH03N
0996
183NNV9d
98 got
Al 8331410143 IVOINVH03N
09 Ll
11181
OL Lot
A 833NION3 IVOINVHO3W
SIM
Al 83NNVId
SZ'SIZ
N 833NION3 IVOINVH03N
09 CIA
A83NNy1d
58084
1833NIUN3 IVOIH10313
9l'C tZ
IA 81
OC ZCL
11833NION31VOIU10313
99 LS
110311HOV
09 SE
111831 IVOIN10313
Os'CLI
1110311HONV
06 Vol,
AI 8331410143 IV01810313
OL OK
III 10311HOHV
OLZ91
A83IV01810313
00 Lot
Al 10311HDNV
09'ZZZ
IA 833NI0N3 IVOI81L313
OL got
A10311H08V
99 Pit
IU33NION3
asLOZ
IA1031
SL'LaL
11833NION3
at L9
I ISlIN3109 IV1N3WNOdIAN3
St 091,
111833NION3
oz go
II 191IN313S 1V1N3"NO81AN3
90'681
Al 823NIONE
00 act
III ISllN31OS IV1N3"NOUM3
00SOL
A833N10N3
00 Lot
Al 191114310S IVIN31ANOWAN3
9Z'9CZ
IN AMMONS
00 got
A lSlIN313S IVIN3WNOWN3
SS got
IIA 833141.0143
05861.
N 1SI1N31OS W1143WN081AN3
90692
111A 831
09sZZ
IN 191IN313S IVIN31NNa801N3
00 LK
830VNV"dnO80
as OL1
801VNIO8000 NOI1VZIlynSP OC
09 got
lydlONIHd
AM
81B�lfiWdd
111Ii7
OEIlRBZ
sa +eV
'sa81eV010 alnpeqnS em uo pasvq palndwoo eq IIe4s cmluoS Ieuoll!Ppy '6mmeowd woteq lenadda e83NM0
JO; 83NM0 Nliau II!m INA'V 44!4x3 ul smiNeS IBUOIIIppV so POgyaeap emwn o6mg al
popw11 lou Ing Bulpnlaul'Pap00u we cm!ugs Iev09!Ppv lam to Buldueyo
!dui
la etlm5 a41 ame INA II 10091900641 A 01I p lou Ileyc Inq'S6 la wnpam5 OVI to
0801 pe841
PQ4OS
pelndwm
VI IMOI pull BOxg ION05JO40lnoA
eq IPyc y 110!4x3 w em!Ne5 alceS+ol aal Imol aVl'Pamx3 m 1814 ;SeBJayo
VIOVO
l;esg dW 3
to alnpaV05 Buwallol aYl u0 peeeq ap IIeVe 4848114 Due asaalA of u0pssuedwo0
O u
NOIIVSN3dWO3
Z'O -LII
V 1N3WHOVaV
acoiza* CERTIFICATE OF LIABILITY INSURANCE
oa 15/M20 4
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 forme and conditions of the policy, certain policies may require an endorsement. A statement an this cergficaw does not confer rights to the
cerllficats hostler in lieu of such endorsement e .
PRODUCOR 1-703-837-2277
Ames 6 dough
DORTA T
NAME:
PHONE 703-827-2277 FAX I : 703-927-2279
ADE DIE adminRevue ough.<om
8300 Greensboro Drive
Suite 980
NeLean, VA 12102
INSURNERBAFFORDUGOVASAUSE
NMC#
INSURER A: TRAVELERS IND CO OF ANER
25666
10/]3/14
INBURED
Sreese and Nichols, Inc.
INSURERS: CRARTER OAR ]FIRE INS CO
25615
INSURERO: TRAVELERS IND CO
25658
INSURERD: TRAVELERS PROP GS CO OF MUST
25674
4055 Into rOetional Plaza
Suite 200
Port North, TX 76109
INBUPERE: CONTINmRAL GS CO
20443
_
INSURERF:
COVERAGES CERTIFICATE NUMBER: 41049344 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 CONDIHON 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
TYpIOFIN9UMNCB
POLICY NUMB"
POMCY CFF
M
U YGV
UMITS
A
GIMERAL LMMUTY
X
X
PACP3C749897
10/]3/1
10/]3/14
EACR OCCURRENCE B 1,000,000
% COMMEROIALGENERALUMUTY
DAMAGETOREATED
p MI 8 1,000,000
MEDEXP 8 10,000
CLAMS -MADE O =Us
PERSONA-&AGNINBURY 8 1,000,000
GENERALAGGREGATE b ],000,000
GFNLACGnn LIMn APPUFSPER
pROWCT$-COMPICPAOG b2,000,000
% PoLIG1' x PRo- x
LCC
a
E
A
OWL. LM9RnY
x
X
810117985
IftecdozzlI 1,000,000
%
AUL
lODrtv lwUltY IP>pwem) E
OME
AU OS SCHEDULED
AUTOS
SOORY INJURY IPdN .Q 8
%
NCHG
HIRED AUTOS % AUT OWNED
ROB(Pe
PROPERTY UARI 8
erdarl
S
C
X
UMBRELLALIAB
X
OCCUR
I
I
COP4C433408
10/23/1
10/23/14
EACHOCCURRENCE 8 10,000,000
X
EXCESS UAB
CWMSMADE
AGGREGRTE 310,000,000
DIED I RETENDO 10000
8
p
VIDWERSCOMPENSATION
X
GB3974T65A
10/23/1
10/23/14
% we STAl14 OTH
ANDIMPLOYERI'WBNTY YIN
EL. EACHACCCENT B 1,000,000
ANY %IOPPIETOILPARINEP/IXECVRYE
OFFICERMEMBERE%CLUGEm O
XIA
EL GISFASE-EA EMPLOYE 51,000.000
(MMJWry N Ins
mpn unv
09 eepM
OEOFESNIONAL,
EE -POLICY LIMIT f 1,000,000
X
PROFESSIONAL, LIABSLITY
LIABILITY
X
Ams 00 823 94 ]]
10 2J 1
30/])/11
For Ci
Per Claim 51000,000
Annual Aggregate 10,000,000
OESCRIMONOF'OPERATIONSILOCATIONSIVEHICUES(AMeh ACOMIOI.AEHNIamiR uoScMdul4Hman FpMMnauimd)
Design of the Southwest Nater Reclamstlon Plant 6ergancy Generator and Switchgear Project
no City and its employees, officer., official., agent., and volunteer. are
e included as additional insured with
aspects to G ... Fal and Auto Liability. Waiver of Subrogation applies toGeneral, Auto, and Worker. Compeneaticn
as xeguired by written contract and allowed by law. General Liability i. Primary end n - .Irrlbutcry overany
existing insurance and limited to liability &rising out of the operations of the nosed insured and where required
written contract.
of Lubbock Public Works Contracting Office
13th Street, Room 204
ck, Is 79401
OSA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUFHORI REPRESENTATrvE
-1CO&I
ACORD 25 )2010/05) The ACORD name and logo are registered marks of ACORD
Fc...oHichole
41DI9344
COMMERCIAL GENERAL UABIUTY
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 Ilablllty 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.
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-
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".
I. The limits of insurance afforded to the addi-
tional Insured shall be the limits which you
agreed in that "contract or agreement requh-
Ing Insurance' to provide for that additional
Insured, or the limits shown in the Declare -
lions for this Coverage Part, whichever are
less. This endorsement does not Increase the
limits of Insurance stated In the LIMITS OF
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;
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.
C. The following Is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
in COMMERCIAL GENERAL LIABILITY CON-
DITIONS (Section M:
We waive any rights of recovery we may have
against any person or organization bemuse 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-
arl with such person or organization entered
into by you before, and In effect when, the 'bodily
CG D3 81 09 07 02007 The Trentar Companies, Inc. Page 1 of 2
Includes the mpydghted motedel of Insumnm SeMces Office, Inc, vd@ N permlerlon
COMMERCIAL GENERAL LIABILITY
Injuy or 'property damage" occurs, or the "per-
sonal injury" offense Is committed.
D. The following definition Is added to DEFINITIONS
(Section h:
"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-
stage 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
agreerri
It. While that part of the contract or agreement is
In effect; and
c. Before the end of the policy period.
Page 2 of 2 0 2007 The Trevelon Conpenlos, Inc. CG G3 01 09 07
Include. the mpydghled malcmi al lnrvronce S.Mce. Ou. , Inc., with Its permission
COMMERCIAL AUTO
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 Pad, 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 H. AUDIO, VISUAL AND DATA ELECTRONIC
B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT
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
It.
B. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II — U.
ABILITY COVERAGE:
An "employee" of yours is an "insured" while
operating a covered "auto" hired or rented
under a contract or agreement in that "em.
ployee's" name, with your permission, while
1. 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.S.,
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 "employes' under a contract in
that individual "employee's" name,
with your permission, while perform-
ing duties related to the conduct of
your business.
However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".
C. EMPLOYEES AS INSURED
The following is added to Paragraph AA., Who Is
An Insured, of SECTION II — LIABILITY COV-
ERAGE:
CA T4 20 0710 02010 The Travelers Inde.. Company. al dghb reserved. Page 1 of 3
Incluses copyrighted maledal of Insurance services Offim, Inc. Win Its pemnisslon.
COMMERCIALAUTO
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 fallowing replaces Paragraph A.2.a.(2) of
SECTION II— LIABILITY COVERAGE:
(2) Up to $3,000 for cost of bag 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 fallowing 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.I. of SEC-
TION I —COVERED AUTOS:
1. 'Trailers" with a load capacity of 3,000
pounds or less designed primarily for travel
an public roads,
F. HIRED AUTO PHYSICAL DAMAGE
The following is added to Paragraph AA., Cover.
age Extensions, of SECTION 111 — PHYSICAL
DAMAGECOVERAGE:
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'.
(6) 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 If — 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 02010 The Treveien Indemnity Company. M rights reserved. CA T4 20 07 10
Ind Wes cnprr i material or Inswanro SCMres office, Inc. Min 0s pemdssion.
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 muse other than a cause of "loss"
set forth in Paragraphs A.i.b. and A.i.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 AA., Cover-
age Extensions, of SECTION III — PHYSICAL
DAMAGECOVERAGE:
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.S., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — BUSINESS AUTO CONDI-
TIONS:
S. 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 02010 The Travelers Imemnly Cornpeny. All rights resmveu. Page 3 of 3
IndWes oopydghtee matetlel er Imuran. SeNl.e Orfi., Inc. Wth Ib permisslon.
POLICY NUMBER:-PACP-3C749697-TLC-13 ISSUE DATE: 10-23-13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED ENTITY -NOTICE OF
CANCELLATIONMONRENEWAL PROVIDED BY US
This endorsement modifies Insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION: Number of Days Notice of Cancellation: 30
NONRENEWAL: Number of Days Notice of Nonrenewal:
PERSON OR
ORGANIZATION:
ANY PERSON OR ORGANIZATION TO WON YOU
HAVE AGREED IN A WRITTEN CONTRACT THAT
NOTICE OF CANCELLATION OF THIS POLICY
WILL BE GIVEN, BUT ONLY IF.
1. YOU SEND US A WRITTEN RNQUEST TO
PROVIDE SU® NOTICE, INCLUDING THE NAME
AND ADDRESS OF SUM PERSON OR
ORGANIZATION, AFTER THE FIRST NAMED
INSURED RECEIVES NOTICE FROM US OF THE
CANCELLATION OF THIS POLICY, AND
2. NE RECEIVED SUCK WRITTEN REQUEST AT
LEAST 14 DAYS BEFORE THE BEGINNING OF
THE APPLICABLE NUMBER OF DAYS SHOW IN
THIS SCHEDULE.
ADDRESS:
THE ADDRESS FOR THAT PERSON OR
ORGANIZATION INCLUDED IN Sum WRITTEN
REQUEST FROM YOU TO US.
PROVISIONS
A. If we cancel this policy for any statutorily permit -
led reason other than nonpayment of premium,
and a number of days Is shown for cancellation in
the schedule above, we will mail notice of cancel-
lation to the person or organization sham in the
schedule above. We will mail such notice to the
address shown In the schedule above at least the
number of days shown for cancellation in the
schedule above before the effective dale of can-
cellation.
B. If we decide to not renew this policy for any slalu-
torly permitted reason, and a number of days is
shown for nonrenewal in the schedule above, we
will mail notice of the nonrenewal to the person or
organization shown in the Schedule above. We
Mil mall such notice to the address shown in the
schedule above at least the number of days
shown far nonrenewal in the schedule above be-
fore the explratlon date.
IL 74001209 0 2009 The Travelers m lemmiy Company Pagel oft
POLICY NUMBER: X-810-1179RSn-COP-13 ISSUE DATE: 10-29-13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED ENTITY -NOTICE OF
CANCELLATION/NONRENEWAL PROVIDED BY US
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION: Number of Days Notice of Cancellation: 30
NONRENEWAL: Number of Days Notice of Nonrenewal:
PERSON OR
ORGANIZATION:
PERSON OR ORGANIZATION:
ANY PERSON OR ORGANIZATION TO WHOM YOU
RAVE AGREED IN A WRITTEN CONTRACT THAT
NOTICE OF CANCELLATION OF THIS POLICY
WILL BE GIVEN, BUT ONLY IP:
1. YOU SEND US A WRITTEN REQUEST TO
PROVIDE SUCH NOTICE, INCLUDING THE NAME
AND ADDRESS OF SUCH PERSON OR
ORGANIZATION, AFTER THE FIRST NAKED
INSURED RECEIVES NOTICE FROM US OF THE
CANCELLATION OF TRIS POLICY, AND
2. WE RECEIVE SUCH WRITTEN REQUEST AT
LEAST 14 DAYS BEFORE THE BEGINNING OF
THE APPLICABLE NUMBER OF DAYS SHOWN IN
THIS SCHEDULE.
ADDRESS:
THE ADDRESS FOR THAT PERSON OR
ORGANIZATION INCLUDED IN SUCH
WRITTEN REQUEST FROM YOU TO US.
PROVISIONS:
A If we cancel this policy for any statutorily permit-
ted reason other than nonpayment of premium,
and a number of days is shown for cancellation in
the schedule above, we will mail notice of cancel-
lation to the person or organization shorn In the
schedule above. We will mail such notice to the
address shown In the schedule above at least the
number of days shown for cancella0on in the
schedule above before the effective date of ran-
Sallation.
B. If we decide to not renew this policy for any statu.
torily permitted reason, and a number of days Is
shown for nonrenewal in the schedule above, we
will mall notice of the nonrenewal to the person or
organization shown in the schedule above. We
will mail such notice to the address shown in the
schedule above at least the number of days
shorn for nonrenewal In the schedule above be-
fore the expiration dale.
IL 74 0012 09 0 2009 The Tn.eim 10.a n9y Ce -Reny Page 1 of 1
TRAVELERS
WORKERS COMPENSATION
AND
ONE T
Me Ton,
EMPLOYERS LIABILITY POLICY
.®, Cf aslel
a 061
ENDORSEMENT WC 420601(OD) — 001
POLICY NUMBER: (XCOB-3974T65-A-13)
TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT
This endorsement applies only to the Insurance provided by the policy because Texas is shown in item 3.A. of the
Information Page.
In the event of cancelaticn or other material change of the policy, we will mail advance notice to the person or
organization named in the Schedule. The number of days advance notice Is shown In the Schedule.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
1. NUMBER OF DAYS ADVANCE NOTICE: 30 (or..)
NOTICE WILL BE MAILED TO
ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A
WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR MATERIAL
LIMITATIONS OF THIS POLICY WILL HE GIVEN, BUT ONLY IF:
1. YOU SEND VS A WRITTEN REQUEST TO PROVIDE SUCH NOTICE,
INCLUDING THE RAM AND ADDRESS OF SUCH PERSON OR
ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES
NOTICE PROM US OF THE CANCELLATION OR MATERIAL
LIMITATION OF THIS POLICY; ANO
2. WE RECEIVE SUCH WRITTEN MODEST AT LEAST 14 DAYS
BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS
" Number of days Notice specified In the Certificate of Insurance to all holders of such certificates.
DATEOF ISSUE: 10-23-13 STASSIGN:
1=11_ .
TRAVELERS J WORKERS COMPENSATION
AND
oxe Toacs eeuw TOWER CT OEIBJ EMPLOYERS LIABILITY POLICY
ONE
'Ai
ENDORSEMENT WC 42 06 01 (00) — 002
POLICYNUMBER: (ECUS -3979x65 -A-13)
TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Texas is shown In item S.A. of the
Information Page.
In the event of cancelatlon or other material change of the policy. we will mall advance notice to the person or
organization named In the Schedule. The number of days advance notice Is shown In the Schedule.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
1. NUMBER OF DAYS ADVANCE NOTICE: 30 (or ")
2. NOTICE WILL BE MAILED TO:
SHOWN IN THIS SCHEDULE.
ADDRESS:
THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED
IN SUM WRITTEN REQUEST PROM YOU TO US.
TMIS ENDORSEMENT DOES NOT APPLY RISS[ THE REASON
FOR CANCELLATION IS NON-PAYMENT OF THE PREKIUN.
'• Number of days Notice specified in the Certificate of Insurance to all holders of such certificates.
DATE OF ISSUE: 10-23-13 ST ASSIGN:
PROFESSIONALLIAR ILITy
CMARCHITECTS/ENGINEERS PROGRAM
1u AC 14 C,u1®Yh,eeJ
INSURED: Freese and Nichols, Inc.
Policy AEN -00-821-99-22 Endorsement Number 12
POLICYHOLDER NOTICE
NOTIFICATION OF CANCELLATION TO CERTIFICATE HOLDERS
• In the event this Policy is cancelled prior to its expiration
date, for any xeason other than non payment of premium, we
shall provide to the broker of record, a blank schedule to be
completed by you or such broker, with the names and email
addresses of any and all certificate hglders to whom you
request we provide notification of such cancellation
('notification'). Such schedule must be completed and
returned to us within 5 business days of the broker's receipt.
Open our xeceipt of the completed schedule, we shall
endeavor to provide notification to those entities set out
in such schedule. If the schedule is not returned to us
within 5 business days we will not provide notification. We
will assume that the schedule provided to us by you or the
broker in a complete and accurate list,of certificate
holders. Only those persons or entities listed on the
schedula will receive notification. We will keep no other
record of any certificate holders in our file.
• There will be no schedule provided and, consequently, no
notification provided, if ouch cancellation is for non
payment of premium.
• Any notification by us to any party thppt is not the first
Hamad Insured on the Policy is intended as a courtesy only.
Our failure to provide such notification will not extend the
Policy cancellation date, or negate cancellation of the
Policy or be cause for legal action against us.
105100 Countersigned y Authorized Representative
(Ed. 03/11)
POLICY NUMBER -PACP-3049697-TLC-13 ISSUE DATE: 10-23-13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED ENTITY - NOTICE OF
CANCELLATION/NONRENEWAL PROVIDED BY US
This endorsement modifies Insurance provided under the fallowing:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION: Number of Days Notice of Cancellation: 30
NONRENEWAL: Number of Days Notice of Nonrenewal:
PERSONOR
ORGANIZATION:
ANY PERSON OR ORGANIZATION TO ENOM YOU
HAVE AGREED IN A WRITTEN CONTRACT TEAT
ATRIOE OF CANCELLATION OF THIS POLICY
NII,L BE GIVEN, BUT ONLY Iet
1. YOU SERD IIS A BRITISH REQUEST TO
PROVIDE EGOS NOTICE, INCIAOING THE NA1fB
AND ADDRESS OF SUCH PERSON OR
ORNI RIZATION, Mae, THB FIRST NAMED
INSURBD RECEIVES NOTICE FROM IIS OF THE
CANCR,LATION OP THIN POLICY, ARID
2. RE RECEIVED SU® BRITTEN REQUEST AT
LEAST 14 DAYS BEFORE THE BEGINKING OF
TER APPLICABLE NUMBER OF DAYS SHOWN IN
THIS SCHEDULE.
ADDRESS:
TRE "MINES FOR THAT PERSON 09
ORGANIZATION INCLUDED IN SUCH WRITTEN
REQUEST FROM YOU TO IIS.
PROVISIONS:
A. If we cancel this policy for any standndly pendt-
ted reason other than Nonpayment of prsrtdum,
and a number of days Is shown far cancel ation In
the, schedule above, we will mall roto, of cm,,BJ
lation to the person or organimton shaven in the
schedule above. We wit met such notice to the
address sham In the schedule above at least the
number of days shave for cancellation In the
schedule above berate the effective date of can,
collation.
B. If we decide to not renew this policy for any stat a
todly, permitted reason, and a number of days Is
shown for omrenewal In the schedule above, we
will mall notch of the n werowal to the person Or
Organization shown In the schedule above. We
will mail was notice to Ne address shown In the
schedule above at least the number of days
shown for nonrenewal In the schedule above be-
fore the tantrum date.
IL 74001209 ,zoos Tha TnMxsimemney WRgMy Pagel oft
POLICY NUMBER x-510-1179RS1A-COP-13 ISSUE DATE: 10-29.13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED ENTITY - NOTICE OF
CANCELLATION/NONRENEWAL PROVIDED BY US
This endorsement modffea Ins rrence provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION: Number of Days Notice of Cancellation: 30
NONRENEWAL•
Number of Days Notice of Nonrenewal:
PERSON OR
ORGANIZATION:
PERSON OR ORGANIZATION:
ANY PERSON OR ORGANIZATION TO NEON YOU
SAW MUM IN A WRITTEN OONTSRCT TEAT
NOTICE OT CANl:BLW M OF THIS POLICY
WILL BE OVEN, BUT OSLY IF:
1. YOU SEND US A WITTEN REQUEST TO
PROVIDE SUCH NOTICB, INCLUDING THE NATO:
ADO ADDRESS OF SUCH PRISON OR
ORGANIZATION, AFTER TEE FIRST NAS®
INSURED RECBIVHS NOTICE FROM US OF THE
CANCELLATION OF ME POLICY, AND
2. WE RECEIVE SOCK WRITTHN REQUEST AT
LEAST 10 DAYS BEFORE TME BEOINIINI OF
THE APPLICABLE NOISES or DAYS mom IN
TELE SCHHDm.E.
ADDRESS:
TER ABORRSS FOR THAT PERSON OR
ORGANIZATION INCLUDED IN SU®
WRITTEN REQUEST FROM YOU TO US.
PROVISIONS:
A. If We cancel this policy for any statutorily permit -
led reason other than nonpayment Of premien,
and a number of days Is shown for cancellation In
the schedule above, we WE mall notice of cance-
laden to the person ar organization shown N the
schedule above. We w01 man such notice to the
address sham In the schedule above at [cast the
number of days shown for cancellation In the
schedule above before the effective date of con,
cellation,
B. If We decide m not renew this policy for any st2tu.
torily permitted reason, and a number of days is
sham far nonrenewal in the schedule above, we
Will mal notice of the nonrenewal to the person or
organization shown In the Schedule above. We
Me mail won notice to the address shown in the
schedule above at least the number of days
shown for nomenmval In the schedule above bo-
fore the expbedOn dale.
IL TA 00 12 09 e2ee9nanav MrWr Ry Caeca Page 1 oft
TRAVELERST'
One Tower Square, Hartford, Connecticut 06183
POLICY DECLARATIONS
POLICY NO.: CDP-4C4534OB-13-47-
COMMERCIAL EXCESS LIABILITY
ISSUE DATE: 10/31/2013
(UMBRELLA) INSURANCE POLICY
INSURING COMPANY:
THE TRAVELERS INDEMNITY COMPANY
1. NAMED INSURED AND MAILING ADDRESS:
THIS POLICY DOES NOT
FREESE a NICHOLS, INC.,
COVER LIABILITY
AND AS PER CO DO 74
ARISING OUT OF
4055 INTERNATIONAL PLAZA
ASBESTOS MATERIAL
SUITE 200
SEE ENDORSEMENT
FORT WORTH T2 76109
DM 01 96 07 96
2. THE NAMED INSURED IS A:
QX CORPORATION ❑ SOLE PROPRIETOR
Q PARTNERSHIP OR JOINT VENTURE Q OTHER
3. POLICY PERIOD: From 10/23/2013 to 10/23/201412:01 A.M. Standard Time at your mailing address.
4. PREMIUM: - $ 12,314 ❑X Flat Charge Q Adjustable (See premium schedule)
• DIRECT BILL
S. LIMITS OF INSURANCE:
COVERAGES
AGGREGATE LIMITS OF LIABILITY 10, 000, 000
10,000,000
COVERAGE A - Bodily Injury and 10,000,000
Property Damage
Liability
COVERAGE B - Personal and 10,000,000
Advertising Injury
Liability
RETAINED LIMIT 10,000
6. SCHEDULE OF UNDERLYING INSURANCE:
POLICY LIMITS (000 omitted)
SEE ENOORSENENT CD DO 23 04 96
LIMITS OF LIABILITY
Products/Completed Operations Aggregate
General Aggregate
any one occurrence subject to the Products/
Completed Operations and the General
Aggregate Limits
any one person or organization subject to
the General Aggregate Limit Of Liability
any one occurrence or offense
COVERAGE COMPANY
7. On the effective date shown in Item 3, the Commercial Excess Liability (Umbrella) Insurance Policy
numbered above includes this Declarations Page and the Policy Jacket (Form UM 00 76 which contains the
Nuclear Energy Liability Exclusion) and any endorsements listed hereafter:
BEE END. IL TB 01 01 01
NAME AND ADDRESS OF AGENT OR BROKER: COUNTERSIGNED BY:
AMES R GOUGH
8300 OEEENSBORO DR STE 980 CMM66
Authonzed Representative
MCLEAN
VA 22102 DATE:
CG TO 14 04 96 Page 1 of 1
OFFICE: SPECIALIST ASE
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER:CUP-4C453408-13-47- ISSUE DATE:10/31/2013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NAMEDINSURED
This endorsement modifies insurance provided under the following:
COHMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE
Item 1 of the Declarations is amended as follows:
The Hamad Insured is amended to read
FREESE R NICHOLS, INC.,
PNB PROSECT PARTNERS, LLC, DUNEIN SEFRO 4 ASSOCIATES, SULPHUR BASIN GROUP,
PLLC, NTGaPARTNERS, PLLC
PRODUCER: ANES E GOUGH OFFICE:21E SPECIALIST A&E
CG DG 74 04 93 Page 1 of 1
POLICYNUMBER: COP -4C453408 -13 -47 -
EFFECTIVE DATE: 10/23/2013
ISSUE DATE: 10/31/2013
LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS
THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS
BY LINE OF ROSINESS
CG
TO
14
04
96
POLICY DECLARATIONS COMMERCIAL EXCESS LIABILITY
01
11
03
COMMERCIAL EXCESS LIABILITY UMBRELLA INSURANCE
UM 03
UMBRELLA
CG
DO
74
04
93
NAMED INSURED
IL
TB
01
01
01
FORMS ENDORSEMENTS AND SCHEDULE NUMBERS
UMBRELLA / EXCESS
CG DO
23
04
96
SCHEDULE OF UNDERLYING INSURANCE
ON 00
01
11
03
COMMERCIAL EXCESS LIABILITY UMBRELLA INSURANCE
UM 03
45
02
00
AUTO LIABILITY - FOLLOWING FORM
UN 03
81
01
08
CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
UM 03
92
11
03
EMPLOYERS LIABILITY - FOLLOWING FORM
UM 04
45
05
06
AMENDMENT OF WHO IS AN INSURED
UM 04
77
07
08
AMENDMENT OF DUTIES IN TRE EVENT OF OCCURRENCE OR
OFFENSE CLAIM
UM 04
88
07
08
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
UM 05
11
02
09
AMENDMBNT OF COVERAGE 8 - PERSONAL INSURY AND
ADVERTISING INJURY LIABILITY
UM 06
03
11
10
CRISIS MANAGEMENT SERVICES EXPENSES
UM 00
94
08
86
AMENDMENT OF COVERAGE - NAMED INSURED
ON 01
52
11
03
EMPLOYEE BENEFITS LIABILITY
UM 03
37
01
99
REASONABLE FORCE - BODILY INJURY OR PROPERTY DAMAGE
UM 00
76
01
86
NUCLEAR ENERGY LIABILITY EXCLUSION ENUORSEMENTBROAD
FORM
UM 01
fib
08
91
EXCLUSION - LEAD INCLUDING PRODUCTS - COMPLETED
OPERATIONS HAZARD
UM 01
91
01
02
WAR EXCLUSION
UM 01
96
07
96
EXCLUSION - ASBESTOS
UM 04
15
10
11
EXCLUSION - UNSOLICITED COMMUNICATIONS
UM 04
49
09
07
EXCLUSION - ARCHITECTS ENGINEERS OR SURVEYORS
PROFESSIONAL LIABILITY
ON 06
09
10
11
EXCLUSION - VIOLATION OF CONSUMER FINANCIAL PROTECTION
LAWS
ON 00
82
11
03
TX MANDATORY ENDORSEMENT
UM 03
98
11
11
AMENDMENT OF COVERAGE - PROPERTY DAMAGE
INTERLINE ENDORSEMENTS
IL T3 68 05 10 FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE
IL TO 010101 PAGE: I OF 1
POLICY NUMBER: COP -4C453408 -13 -47 -
UMBRELLA
ISSUE DATE: 10/31/2013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SCHEDULE OF UNDERLYING INSURANCE
This endorsement modes insurance Provided under the following:
COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE
Item 6 of the Declarations to include:
POLICY LIMITS (000 OMITTED) COVERAGE COMPANY
010-1179RS1A 1,000 EACH OCCURRENCE AUTO LIABILITY COP
UE-3974T65A-13 1,000 SACH ACCIDENT EMPLOYER'S LIABILITY ASF
1,000 AGGREGATE EMPLOYEE DISEASE
1,000 SACH EMPLOYEE DISEASE
680-3C754140-13 1,000 EACE OCCURRENCE GENERAL LIABILITY TCT
2,000 PROD/COMP OPS AM
2,000 GENERAL AGGREGATE
PACP-3C749897-13 1,000 EACH EMPLOYSE EMPLOYS£ BENEFITS TLC
2,000 AGGREGATE LIABILITY
PACP-3C749897-13 1,000 RACE OCCURRENCE GENERAL LIABILITY TLC
2,000 PROD/COMP OPS AGO
2,000 GENERAL AGGREGATE
`(It you have any employee exposure in the State of New York,
the Employers Liability Limits are applicable only to bodily injury to your
"non -subject employees" ae defined under Rule VIII - Limits of Liability,
A.2., of the NC/EL Manual of the Stets of New York)"
PRODUCER: AGES 6 GOUGH OFFICE: SPECIALIST A&E 21X
CG DO 23 G4 96 Page 1 of 1