Loading...
HomeMy WebLinkAboutResolution - 2013-R0439 - Contract - Hugo Reed And Assciates Inc.- Land Surveying Services - 12/19/2013RESOLUTION 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 Contract for land surveying services, by and between the City of Lubbock and Hugo Reed and Associates,Inc., and related documents.Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed bythe City Council on December 19,2013 ATTEST: J0&~T^i ~f—*^--——™" Rebecca Garza,City Secreta: APPROVED AS TO CONTENT: R.Keith Smith,P.E.,Director of Public Works APPROVED AS TO FORM: Chad Weaver,Assistant City Attorney vw:ccdocs/RES.Contract-Hugo Reed December 3,2013 D.T. LUBBOCK LAND SURVEYING SERVICES, PHASES 2 AND 3 CITY OF LUBBOCK, TEXAS CONTRACT FOR LAND SURVEYING SERVICES THE STATE OF TEXAS § THE COUNTY OF LUBBOCK § THIS CONTRACT is made by and between the City of Lubbock, Texas, hereinafter called the OWNER, and Hugo Reed and Associates, Inc., hereinafter called HRA. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the OWNER and HRA do mutually agree as follows. AGREEMENT ARTICLE 1. CONTRACT PERIOD This contract becomes effective when fully executed by both parties. The effective date of this contract shall be December 20, 2013. The Project Contract Period shall be 150 (one hundred fifty) calendar days, beginning on the date HRA receives written Notice to Proceed from the OWNER. HRA will not begin work or incur costs until so authorized in writing by the OWNER. ARTICLE 2. SCOPE OF SERVICES HRA will provide the professional services described in Attachment A, 'Project Scope and Services." The OWNER will furnish services described in Attachment B, "Services to be provided by OWNER." ARTICLE 3. COMPENSATION The maximum amount payable under this contract for Phase 2 Area Surveying Basic Services shall not exceed $ 47,005 (forty-seven thousand five dollars) unless an amendment is executed as provided hereinafter. The maximum amount payable under this contract for Phase 3 Area Surveying Additional Basic Services shall not exceed $ 52,305 (fifty-two thousand three hundred five dollars) unless an amendment is executed as provided hereinafter. Payment is authorized for costs incurred in accordance with the fee schedule attached hereto and labeled Attachment C, "Basis for Payment." HRA is authorized to submit periodic requests for payment within thirty days after costs are incurred as authorized herein. The request for payment shall be made using forms acceptable to the OWNER and shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current billing. All requests for payment will be mailed to the address shown on the signature page of this contract. Alternatively, requests for payment can be sent via e-mail to an account acceptable to OWNER at OWNER'S discretion. D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 1 ARTICLE 4. WORK AUTHORIZATION The OWNER will authorize the work as described in Attachment A to be performed by HRA by the execution of this contract. The total cost authorized shall not exceed the maximum amount payable established in Article 3, "Compensation," nor shall completion dates extend beyond the end of the contract period established in Article 1, "Contract Period," unless either is authorized by amendment as provided hereinafter. ARTICLE 5. PROGRESS Upon acceptance of a work authorization, HRA shall undertake and complete the authorized work. The OWNER or HRA can request conferences to be provided at HRA's office, the office of the OWNER, or at other agreed upon locations. ARTICLE 6. INSPECTION OF WORK The OWNER and any of their authorized representatives have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of HRA, HRA shall provide all reasonable facilities and assistance for the convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 7. AMENDMENTS If it becomes necessary at any time during the contract period to change the scope of work, the contract period, the maximum amount payable, the complexity, or the character of this contract, an amendment must be prepared and executed within the contract period established in Article 1 above. The OWNER retains the right to reject any such amendment proposed by HRA unless the OWNER finds the proposed amendment necessary to complete the work authorized herein. Any such amendment will be made in writing agreed to by all parties hereto and duly executed before the end of the contract period specified in Article 1 above. ARTICLE 8. SUSPENSION OF WORK Should the OWNER desire to suspend the work but not terminate the contract, the OWNER will issue a written order to stop work setting out the terms of the suspension. HRA will stop all work and cease to incur costs during the term of the suspension. HRA will resume work when notified to do so in writing by the OWNER. Suspension of work does not extend the contract period. If additional time is required to complete the work because of the suspension, a contract amendment will be executed in accordance with Article 7, "Amendments." ARTICLE 9. REPORTING HRA shall promptly advise the OWNER in writing of events which have a significant impact upon the contract, including: D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 2 1. Problems, delays, or adverse conditions which will materially affect the ability to meet time schedules and goals, or preclude the attainment of project work units by established time periods. A statement of the action taken or contemplated shall accompany this disclosure. 2. Favorable developments or events which enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected. ARTICLE 10. RECORDS HRA agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at its office during the contract period and for seven years from the date of final payment under the contract for inspection by the OWNER or any of their duly authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions. ARTICLE 11.OWNERSHIP OF DOCUMENTS Upon completion or termination of this contract, all documents prepared by HRA or furnished to HRA by the OWNER shall be delivered to and become the property of the OWNER. All sketches, photographs, calculations, and other data prepared under this contract shall be made available, upon request, to the OWNER without restriction or limitation on their further use, however, re -use of any documents by OWNER or others for any purpose other than originally intended and specific to this Project shall be at the sole risk of the user, and HRA shall bear no liability for such re -use. In the case of any discrepancies between electronic documents and certified hard copies, the certified hard copies shall govern. HRA may, at its own expense, have copies made of the documents or any other data furnished the OWNER under this contract. ARTICLE 12. HRA RESOURCES HRA warrants that the firm presently has adequate qualified personnel in its employment for performance of services required under this contract, or will be able to obtain such personnel from sources other than the OWNER. Unless otherwise specified, HRA shall furnish all equipment, materials, and supplies required to perform the work authorized herein. All employees of HRA or of any subcontractor shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of HRA or any subcontractor who, in the opinion of the OWNER, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. ARTICLE 13. SUBCONTRACTS HRA shall not subcontract or otherwise transfer any portion of the work authorized in this contract unless specifically authorized in writing by the OWNER. HRA will require any subcontractors to comply with the applicable terms of this contract. ARTICLE 14. SUCCESSORS AND ASSIGNS The OWNER and HRA each bind itself, its successors, executors, administrators and assigns of such other party in respect to all covenants of this agreement. HRA shall not assign, subcontract, or transfer its interest in this agreement without the written consent of the OWNER. D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 3 ATTACHMENT A to AGREEMENT for LAND SURVEYING SERVICES, GENERAL PROJECT SCOPE and SERVICES OWNER: City of Lubbock, Texas PROJECT: Land Surveying Services for: D.T. Lubbock Land Surveying Services, Phases 2 and 3 Lubbock, Texas The scope of services for this project is as follows: I. BASIC SERVICES A. SURVEYING SERVICES The Basic Surveying Services for Phase 2 and Phase 3 are outlined in detail in Exhibit A-1, Worksheets A-1.1 and A-1.2, respectively, according to the tasking and man-hours indicated therein. Exhibit A-2 is a map indicating the project area limits for Phase 2 and Phase 3. Following is a summary of the major categories for the Basic Surveying Services to be performed: a. HRA will attempt to locate any and all existing block corners within the project area(s). Where existing block corner monumentation is not found, HRA will not generally set new monuments at such locations. Along block right-of-way locations where existing block corner monuments are not found, and where there are no appreciable surface impediments that would prevent a utilities installer from straying out of the apparent "parkway" portions of the street rights -of -way (that being the areas behind street backs -of -curbs to the street right- of-way lines), HRA will exert efforts as appropriate in HRH's judgment to establish block corner monumentation at those locations; b. Field -locate and measure visible surface improvements within the parkway right-of-way areas on both sides of the street corridors within the project limits; C. Field -locate and measure visible improvements on private property immediately adjacent to each project area right-of-way line to the extent determined appropriate by the responsible surveyor to satisfy project requirements, or as may be directed by OWNER on a case -by -case basis, but generally not to exceed location and measurement of private improvements in excess of 5' (five feet) beyond said apparent right-of-way lines; d. Field locate visible manhole lids and valve box covers within the street rights -of -way in the project area(s); e. Prepare and deliver certified plats of surveys provided in a drawing and survey plat format acceptable to OWNER. D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 8 2. The survey package deliverables will include one set of completed survey data in the form of reproducible mylar survey plats. 3. HRA will provide one hard -copy and one electronic copy of the survey data. 4. HRA will attend a surveying project kick-off meeting if requested by the OWNER.. D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 9 ATTACHMENT B to AGREEMENT for LAND SURVEYING SERVICES, GENERAL SERVICES TO BE PROVIDED BY OWNER OWNER: City of Lubbock, Texas PROJECT: Land Surveying Services for: D.T. Lubbock Land Surveying Services, Phases 2 and 3 Lubbock, Texas The OWNER will provide any and all information available to OWNER, upon request, which may be pertinent to HRH's prosecution of the work. OWNER shall promptly notify HRA whenever OWNER becomes aware of any occurrence having a material impact on the project. The OWNER shall provide adequate personnel to review interim submittals (if any) and coordinate location and time for meetings as necessary for the prosecution of the work. OWNER shall appoint a Project Manager who will be the primary point of contact for HRA during prosecution of HRA's work on the project, and who shall have authority to make material decisions within his/her delegated authority. OWNER shall provide timely reviews of any submittals and timely responses to HRA's Requests for Information so as not to unnecessarily hinder the progress of the work. D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 10 ATTACHMENT C to AGREEMENT FOR LAND SURVEYING SERVICES BASIS for PAYMENT OWNER: City of Lubbock, Texas PROJECT: Land Surveying Services for: D.T. Lubbock Land Surveying Services, Phases 2 and 3 Lubbock, Texas For Services rendered under this Contract, OWNER agrees to pay HRA as follows: A. GENERAL 1. HRA will be paid according to the personnel classifications and hourly rate schedules shown in Table C-1, based on actual services performed on the project by classification and hours. 2. Monthly payments will be made to HRA based on the uncontested amount of each monthly statement prepared and submitted by HRA. Each monthly statement will be itemized to show the amount of work actually performed by each personnel classification and with associated reimbursable expenses for HRA. Statements will be submitted in a format acceptable to OWNER. 3. Anticipated delivery date for the project deliverables for the Phase 2 project area is on or about April 12, 2014, and for the Phase 3 project area the anticipated date for project deliverables is on or about May 17, 2014. These dates are based on receiving an executed contract and Notice to Proceed no later than December 20, 2013. Should the Notice to Proceed on the Project not be received by the anticipated date, OWNER agrees that it will be necessary to reconsider the anticipated delivery date and, if necessary, to modify same by amendment to this contract if so agreed upon by both the OWNER and HRA. B. BASIC SERVICES The maximum compensation to be billed OWNER by HRA for performance of the Basic Services is as follows. Basic Services D.T. Lubbock Surveying, Phase 2 Area $ 47,005 D.T. Lubbock Surveying, Phase 3 Area $ 52,305 TOTAL BASIC SERVICES NOT TO EXCEED: $99,310 D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page I I TABLE C-1 PERSONNEL SERVICE RATES for AGREEMENT FOR ENGINEERING SERVICES OWNER: City of Lubbock, Texas PROJECT: Land Surveying Services for: D.T. Lubbock Land Surveying Services, Phases 2 and 3 Lubbock, Texas COMPENSATION RATES Hourly fees listed herein will apply for the term of this contract. A. PERSONNEL SERVICES Category of Personnel Hourly Rate HuLyo Reed and Associates. Inc. Principal -in -Charge or Officer $150.00 Surveying Project Manager 145.00 Senior Registered Professional Land Surveyor 140.00 Senior Professional Engineer 140.00 Surveying Field Manager 85.00 Survey Crew 150.00 Survey Party Chief 75.00 Senior Surveying CAD Technician/Manager 85.00 Researcher 69.00 D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 12 I DKVw I I-0 I rW TASKING and MAN-HOURS for SERVICES D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 13 November 27, 2013 D.T. Streets - Parkway Surface Improvements Surveying Services Phases 2 and 3 Project Areas PHASE 2 AREA BASIC SERVICES WORKSHEET A-1.1 Classification Principal or Surv. Proj. Senior I Senior Survey Field Survey Survey Sr. Survey Line Line Officer Manager RPLS En ineer Manager Crew PartChief CAD Tech. Research Hrs. Extension Ratesl $150.00 $145.00 1 $140.00 1 $140.00 $85.00 $150.00 $75.00 1 $85.00 $69.00 TACK 4 • KK`K-nFF I7F1Z1ZADr14 C/CI n 0=1'nAl nATA A/`nIIICITIAAI I nP A= CVICTIA— QI nn✓ rnoAlco A ACAi w 1.1 Research files and courthouse records, evaluate 1 10 11 $ 835 1.2 Reserved 0 $ - 1.3 Coordinate with field survey crews for field R-O-W survey recon data needed 4 1 1 6 $ 740 1.4 Collect field survey recon data for R-O-W and establish control 1 2 48 51 $ 7,515 1.5 Review field urvey data, office calculations for R-O-WI 20 2 1 23 $ 3,145 1.6 Developproject base maps 4 1 1 64 70 1 $ 6,180 TASK 1 SUBTOTAL TACK i • CFT AnnITIrIAIAI CFI FrTFn 0-n-W MnAHIMCAITATInM CI /OI/CV CI IOCAnC 1XA..^--AITo —w oc CI Iol/cv 1 w $ 18,415 2.1 Coordinate and supervise field survey crews for locating existing block comers and setting R-O-W monumentation where selected 1 2 1 4 $ 390 2.2 Field survey work to set selected R-O-W monumentation 34 1 35 $ 5,175 2.3 Check field survey R-O-W work 4 1 5 $ 665 2.4 Coordinate and supervise field survey crews for surface improvements 4 1 5 $ 665 2.5 Field survey work to locate and measure surface improvements 74 1 75 $ 11,175 2.6 Check field survey work for surface improvements 4 1 5 $ 665 2.7 Coordinate and review survey plat sheets 2 1 1 4 $ 450 2.8 Prepare survey plat sheets 84 84 $ 7,140 2.9 Final review, QA/QC of survey plat sheets, revisions/additions 1 10 1 12 $ 1,685 2.10 Seal/sign/print and deliver survey plat sheets 4 4 $ 580 TASK 2 SUBTOTAL PROJECT CUMULATIVE TOTAL HRA Hours by Personnel Classification $ 28,590 $ 47,005 59 0 0 12 156 7 149 10 394 Page A-1.1 November 27, 2013 D.T. Streets - Parkway Surface Improvements Surveying Services Phases 2 and 3 Project Areas PHASE 3 AREA ADDITIONAL BASIC SERVICES WORKSHEET A-1.2 Classification Principal or Surv. Prof. Senior Senior Survey Field Survey Survey Sr. Survey Line Line Officer Mana er E RPLS ESgin Manager Crew PartChief CAD Tech. Research Hrs. Extension Ratesl $150.00 1 $145.00 1 $140.00 1 $140.00 1 $85.00 1 $150.00 1 $75.00 1 $85.00 1 $69.00 TASK It • KICK-nFF AFQFAArN X=1 n PFrAAI AAin nATA ArnlaC/nnnl I f)rA TC CVICTIAIC O/ A/ W �AOAICO IIIAA/—A—A—Al C 1.1 Research files and courthouse records, evaluate 1 10 11 $ 835 1.2 Reserved 0 $ - 1.3 Coordinate with field survey crews for field R-O-W survey recon data needed 4 1 1 6 $ 740 1.4 Collect field survey recon data for existing block comers and other R-O-W monumentation and establish control 1 2 56 59 1 $ 8,715 1.5 Review field survey data, office calculations for R-O-W 20 2 1 1 1 23 $ 31145 1.6 Develop project base maps 4 1 1 1 76 1 82 $ 7,200 TASK I SUBTOTAL TAQ{r 9 • CFT AnnIT/nAlAl CFI FrrCn w-n-w Mnm11MCA/TC C11011CV CIIOCA rC IAADOn1ICAACAITC ODCD ADC CIIOI/CV o1 AT Cu — O cA1 1 w $ 20,635 2.1 Coordinate and supervise field survey crews for locating existing block corners and setting R-O-W monumentation where selected 1 2 1 4 $ 390 2.2 Field survey work to set selected R-O-W monumentation 40 1 41 $ 6,075 2.3 Check field survey R-O-W work 4 1 5 $ 665 2.4 Coordinate and supervise field survey crews for surface improvements 4 1 5 $ 665 2.5 Field survey work to locate and measure surface improvements 84 1 85 $ 12,675 2.6 Check field survey work for surface improvements 4 1 5 $ 665 2.7 Coordinate and review survey plat sheets 2 1 1 4 $ 450 2.8 Prepare survey plat sheets 92 92 $ 7,820 2.9 Final review, QA/QC of survey plat sheets, revisions/additions 1 10 1 12 $ 1,685 2.10 Seal/sign/print and deliver survey plat sheets 4 4 $ 580 TASK 2 SUBTOTAL PROJECT CUMULATIVE TOTAL HRA Hours by Personnel Classification $ 31,670 $ 52,305 59 0 0 12 180 7 169 10 438 Page A-1.2 EXHIBIT A-2 PROJECT AREA LIMITS for D.T. LAND SURVEYING SERVICES PHASES 2 and 3 D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 14 5111 S7 MAtt5Hh5NNiP 1'i7Wf US 82 '�tg�s '..:•.. .._ wWvFR&VV t' 1 t. .. 1 i t) MAC. DAMS LN ti 1[i7li t:i 2 BROAIYJ(hY a 1T711 ST u� 4i WHS7 P 3 t i D S m t 61M 57 167,467 V Tu ST IT7H ST 1g1HV im ST r s tmHst � 'c � u Resolution No. 2013-RO439 December 19, 2013 Item No. 5.5 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 Contract for land surveying services, by and between the City of Lubbock and Hugo Reed and Associates, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on December 19, 2013 GIFE-�MROBIIRTSON, MAYOR ATTEST: v 0-4< - - _X Rebe ca 6arza, City Secretar � � /IV,/" J-, R. Keith Smith, P.E., Director of Public Works APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vwxcdocs/RES.Contract-Hugo Reed December 3, 2013 ACORbr DATE(h1Mr0DIYYYY) �f CERTIFIC`'TE OF LIABILITY INSUR�CE 12/4/2013 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 endonement(s). PRODUCER MIAME: J.E. MURFEE & SON INSURANCE PHONE 1310 Texas Ave (806) 763-5311 (806) 763-0863 Lubbock TX, 79401 ADDRESS. wslNaws) "Fottowo coven[ waee INSURER A: Travelers Lloyds Ins. Co. 41262 INSURED Hugo Reed & Associates, Inc. tNsuRER s : phoenix Ins. Co. 25623 INSURER C:Travelers Indemnity Co. of ConnecEicut 25682 1601 Avenue N INSURERO:Texas Mutual Insurance Company 22945 -• Lubbock, TX 79401 MMIRKR p . 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. ta Lrn TYPE OF INSURANCE POLICY NUMBER M YY M LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 X COMMERCIAL GENERAL LIABILITY IJAMAGEToRR PREMISES (Es RTEUacownco Q� S 1QOQ CLAIMS -MADE tX OCCUR ACED EXP (Anv one person) $ 5 Q 0 0 A P630723387llTLC131/25/20131/25/2014 PERSONAL&ADVINJURY S 1,000:060 GENERAL AGGREGATE S 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: 7X POLICY PRO LOC PRODUCTS. COMPIOPAGG S 2,000,000 S $ AUT0161081LE X X LIABILITY AOW OWNED SCHEDULED AUTOS AUTOS NO OgWNED HIRED AUTOS FX BA763GO91513CAG 1/25/20131/25/2014 -COMBINED SINGLE LIMIT We a I 1,000,000 BODILY WJURY(Per person) $ BODILY INJURY (Per a0cdent) __ S of agderii S S (` D UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE NIA PSMCUP763GO780TCT13 TSF0001113099 1/25/20131/25/2014 2%1/2013 2%1J2014 EACH OCCURRENCE $ 1,000,000 X AGGREGATE $ 1,000,000 DED I RETENTIONS 1O 000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN tckRnIEMBERAM aE%auoe� to s ri NH) ImArA.— it II vea. describe uneer }[ K I 1 TH• S E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE • EA EMPLOYE 'S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101. Adddicnal Remarks Schedule, it more space is rM,red) See attached. City of Lubbock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Purchasing & Contract Management THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN 1625 13 th Street ACCORDANCE WITH THE POLICY PROVISIONS. Lubbock, TX 79457 AUTHORIZED REPRESENTATw ®1988.2010 ACCMD CORPORATION. All rights reserved. ACORD25(2010/05) The ACORD name and logo are registered marks of ACORD ACC ® 14111\ AGENCY CUSTOMER ID: `...� LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED 01MANO J.E. MURFEE & SON INSURANCE Hugo Reed & Associates, Inc. VOUCY NUMBER See attached 1601 Avenue N CARRIER K=COOE Lubbock, TX 79401 See attached 1"ECTM OATO See attached ,,....,—.... THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: nO°sd23 FORM TITLE: Certificate of Liabili y Insurance The General Liability and Auto policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability, Auto and Workers' Compensation policies include a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. The General Liability contains a special endorsement with "Primary and Noncontributory" wording. wi tzuuwuil 02008 The ACORD name and logo are registered marks of ACORD All rights reserved. 00IN, .,ON J. E.1V URFEE &►SON Serving West Texas Since 1904 1310 TEXAS AVENUE LUBBOCK, TEXAS 79401 PHONE (806) 763-5311 GENERAL INSURANCE REAL ESTATE FAX (806) 763-0863 ****IMPORTANT INFORMATION EFFECTIVE JANUARY 1, 2012 REGARDING CERTIFICATES OF INSURANCE**** To Certificate Holder: Our agency has issued the enclosed Certificate of Insurance on behalf of our customer named as the insured in the certificate. The Texas Legislature passed and Governor Perry signed Senate Bill 425 to become effective January 1, 2012. This law will require Certificate of Insurance forms to be filed with and approved by the Texas Department of Insurance before they can be used after January 1, 2012. In addition the law explains current Texas Department of Insurance rules that a Certificate of Insurance must not obscure or misinterpret the coverage provided by the insurance policies Definition of "Certificate" includes checklists, affirmations and electronic forms. An insurance agency could incur significant penalties under those rules and the new law, including the revocation of the agency's insurance license, if a certificate were issued exactly as you requested. After January 1, 2012, a certificate holder who requires an agent or policyholder to use an unapproved form or insert inappropriate language on a certificate may be sued by the Attorney General for Injunctive relief or to recover a civil penalty of up to $1,000 for each such requirement. For this reason, after January 1, 2012, we may not be able to comply with some of the items requested. If you want to review the insurance policies to verify compliance with your specific requirements, we would be happy to send a complete copy, subject to our customer's approval. A certificate form must be approved by the Texas Department of Insurance before it can be used after January 1, 2012. For more information on the approval process, contact the Commercial P&C Division, Texas Department of Insurance, P.O. Box 149104, Austin, TX 78714 or email Commercial PCQtdi.state.tx.us. Please contact us if you have any questions or comments. 0 OMMEKIAL GENERAL .LIABILITY . POLICY NUMBER: P6307233B711-TLC-13 ISSUE DATE: - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): PROJECTILOCATION OF COVERED OPERATIONS - I. WHO IS AN INSURED — (Section 11) is amended b) The insurance provided to the additional In- to include the person or organization shown in the Schedule above, but: sured does not apply to "bodily injury", "prop - "personal erty damage" or injury" arising out a) Only with respect to liability for "bodily injury% of the rendering of, or failure to render, any "property damage" or "personal injury": and professional architectural, engineering or sur- b) If, and only to the extent. that ; the injury or veying services, including: damage is caused by acts or omissions of I. The preparing, approving, or failing to you or your subcontractor in the performance prepare or approve, maps, shop draw - of "your work" on or for the project, or at the ings, opinions, reports, surveys, field or - location, shown in the Schedule. The person ders or change orders, or the preparing, or organization does not qualify as an addi- approving, or failing to prepare or ap- ienat ii sured-wfth-respect to me Independentn — -- acts or omissions of such person or organiza- tion. It. Supervisory, inspection, architectural or engineering activities. 2. The Insurance provided to the additional insured c) The insurance provided to the additional In - by this endorsement is limited as follows: sured does n t I" " " a) In the event that the Limits of tnsurance of this Coverage Part shown in the Declarations exceed the limits of liability required by a "written contract requiring Insurance" for that additional Insured, the insurance provided to the additional insured shalt be limited to the limits of liability required by that "written con- tract requiring insurance". This endorsement shall not increase the limits of insurance de- scribed in Section III — Limits Of Insurance. o app y to bodily injury or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless a "written contract requiring insurance" specifically requires you to provide such coverage for that additional Insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage CG D2 47 08 06 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if a "written contract requiring insurance" for that ad- ditional insured specifically requires that this in- surance apply on a primary basis or a primary and non-contributory basis, this insurance is pri- mary to "other insurance" available to the addi- tional insured which covers that person or organi- zation as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance", whether pri- mary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional in- sured under such "other insurance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional Insured must give us written notice as soon as practicable of an *occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: 1. How, when and where the "occurrence" or offense took place; 50 i. Immediately record the specifics of the claim or "suit" and the date received; and 11. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional Insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. S. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional In- sured on this Coverage Part, provided that 11. The names and addresses of any injured the "bodily injury" and "property damage" oc- persons and witnesses; and curs and the "personal injury" is caused by an offense committed: iti. The nature and location of any injury or a. After the signing and execution of the damage arising out of the occurrence or offense. contract or agreement by you; _ _ _ _ b) If a claim is made or "suit" is brought against T b. W iffie that part of the contract or the additional insured, the additional Insured agreement is in effect; and must: c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CO D2 47 08 06 > �G�INiEF��iAI ��h1�RAL1LIAf31lf't=1'� Policy #P6307233B711-TLC-13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PRO- VISIONS of this endorsement carefully to determine rights, duties, and what is and Is not covered. A. Broadened Named Insured B.. Damage To Premises Rented To You Extension • Perils of fire, explosion, lightning, smoke,. water * Limit increased to $300,000 IX ct '01, FOWo1aSU rogaifa z., D. Blanket Additional Insured — Managers or Lessors of Premises E. Blanket Additional Insured — Lessor of Leased Equipment F. Incidental Medical Malpractice G. Personal Injury -Assumed by Contract H. Extension of Coverage - Bodily Injury" PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the"Declara- tions Is as follows: The person or organization named in Item 1. of the: Declarations and any "organization, 'fka f1....1 n __ t_t�a -._ _ which you maintain ownership or majority in- terest on the effective date of the policy. However, coverage for any such organization will cease as of the date during the policy pe- riod that you no longer maintain ownership of; or majority interest" in, such organization. 2. WHO IS AN INSURED (Section 11) Item 4.a. Is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day "after you "acquire or form the organization or the end of the policy period, whichever is earlier, unless reported in writing to us within 180 days. 3. This Provision A does not apply to any per- son or organization for which coverage is ex- cluded by endorsement.. I. Injury to Co -Employees and Co -Volunteer Workers J. Aircraft Chartered with Crew K. Non -Owned Watercraft- Increased from 25 feet to 50 feet L. Increased Supplementary Payments • Cost for bail bonds increased to $2,500 • Loss of earnings increased- to; $500 per day M. Knowledge and Notice of Occurrence or Offense N. Unintentional Omission O. Reasonable Force - Bodily Injury or Property Damage ` S. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last paragraph of "COVERAGE A. BOD- ILY INJURY AND "PROPERTY DAMAGE LI- ABILITY (Section I — Coverages) is deleted and replaced by the following: age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c: Lightning; d. Smoke resulting from such fire, explosion, or lightning, or e. Water. A separate limit of Insurance applies to this coverage as described in LIMITS OF INSUR- ANCE (Section III). 2. This Insurance does not apply to damage to premises" while rented to you, or temporarily CG D1 86 1103 Copyright, The Travelers Indemnity Company, 2003 Page i of 5 COMMERCIAL GENERAL LIABILITY occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; C. b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Part 6. of LIMITS OF INSURANCE (Section III) Is deleted and replaced by the following: COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1— Coverages) Is excluded by endorsement. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as art of a written p contr t Subject to 5. above, the Damage To Prem- ac , executed by you prior to loss. ises Rented To You Limit is the most we will o_rav under-COVERAGE-A.-for--damages-be- D. BLANKET ADDITIONAL INSURED — MANAG-- - cause of "property damage" to any one prem- ERS_O OF PREMISES Ises while rented to you, or temporarily occu- WHO IS AN INSURED (Section 11) is amended to pied by you with permission of the owner, include as an insured any person or organization caused by fire, explosion, lightning, smoke (referred to below as "additional insured") with resulting from such fire, explosion, or light- whom you have agreed in a written contract, exe- ning, or water. The Damage To Premises cuted prior to loss, to name as an additional in - Rented To You Limit will apply to all damage sured, but only with respect to liability arising out proximately caused by the same "occur- of the ownership, maintenance or use of that part rence", whether such damage results from of any premises leased to you, subject to the fol- ire, explosion, lightning, smoke resulting from lowing provisions: such ire, explosion, or lightning, or water, or 1. Limits of Insurance. The limits of insurance any combination of any of these. afforded to the additional insured shall be the The Damage To Premises Rented To You Limit will be the higher of: a. $300,OD0; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Under DEFINITIONS (Section V), Paragraph a. of the definition of "insured contract" is amended so that It does not include that por- tion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with perrNs- sion of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such ire, explosion, or lightning; or e. Water. 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of limits which you agreed to provide, or the lim- its shown on the Declarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "occurrence" that takes place after you cease to be a tenant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible Insurance available to such additional in- sured, unless you have agreed in a written contract for this insurance to apply on a pri- mary or contributory basis. E. BLANKET ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization (referred to below as "additional insured") with Page 2 of 5 Copyright, The Travelers Indemnity Company, 2003 CG D1 061103 /""'N whom you have agreed in a written contract, exe- cuted prior to loss, to name as an additional in- sured, but only with respect to their liability arising 3 out of the maintenance, operation or use by you of equipment leased to you by such additional in- sured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide, or the lim- its shown on the Declarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "occurrence" that takes place after 4. the equipment lease expires; or b. "Bodily injury" or "property damage" aris- ing out of the sole negligence of such ad- ditional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible insurance available to such additional in- sured, unless you have agreed in a written contract for this insurance to apply on a pri- S. mary or contributory basis. F. INCIDENTAL MEDICAL MALPRACTICE 1. The definition of "bodily injury" in DEFINI- TIONS (Section V) is amended to include "in- cidental Medical Malpractice Injury". 6. 2. The following definition is added to DEFINI- TIONS (Section V): COMMERCIAL GENERAL LIABILITY for which no remuneration is demanded or received. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section 11) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 2. above and while acting within the scope of their em- ployment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. - BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section 1- Coverages): (This insurance does not apply to:) Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured. For the purposes of determining the applica- ble limits of insurance, any act or omission, together with all related ads or omissions in the furnishing of the services described in paragraph 2. above to any one person, will be considered one "occurrence". This Provision F. does not apply if you are in the business or occupation of providing any of the services described in paragraph 2. above. "Incidental medical malpractice injury" means 7. The insurance provided by this Provision F. bodily injury, mental anguish, sickness or dis- shall be excess over any other valid and col - ease sustained by a person, including death lectible insurance available to the insured, resulting from any of these at any time, aris- whether primary, excess, contingent or on --ing-out-"er-rendedng-of,-or-faiture-to-re - ass, except or insurance pur- der, the following services: chased specifically by you to be excess of a. Medical, surgical, dental, laboratory, x-ray this policy. or nursing service or treatment, advice or Instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or c. First aid. d. "Good Samaritan services". As used in this Provision F.. "Good Samaritan ser- vices" are those medical services ren- dered or provided in an emergency and G. PERSONAL INJURY - ASSUMED BY CON- TRACT 1. The Contractual Liability Exclusion in Part 2., Exclusions of COVERAGE B. PER- SONAL AND ADVERTISING INJURY LABIL- ITY (Section I - Coverages) is deleted and replaced by the following: (This insurance does not apply to:) Contractual Liability "Advertising injury" for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for CG 01 8611 03 Copyright, The Travelers indemnity Company, 2003 Page 3 of 5 COMMERCIAL GENERAL LIABILITY damages that the insured would have In the absence of the contract of agreement. 2. Subparagraph f. of the definition of "insured contract" (DEFINITIONS — Section V) is de- leted and replaced by the following: f. That part of any other contract or agree- ment pertaining to your business (Includ- ing an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury," "property damage" or "per- sonal injury" to a third party or organiza- tion. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 3. This Provision G. does not apply if COVER- AGE B. PERSONAL AND ADVERTISING IN- JURY LIABILITY is excluded by endorse- ment. H. EXTENSION OF COVERAGE — BODILY IN- JURY The definition of "bodily Injury" (DEFINITIONS — Section V) Is deleted and replaced by the follow- ing: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. W 3. Subparagraphs 2.a.(1)(a), (b) and (c) and 3.a. of WHO IS AN INSURED (Section 11) do not apply to "bodily injury" for which insurance is provided by paragraph 1. or 2. above. J. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions con- tained in the Aircraft, Auto Or Watercraft Exclusion in Part 2., Exclusions of COVER- AGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1—Coverages): (This exclusion does not apply to:) Aircraft chartered with crew to any insured. 2. This Provision J. does not apply if the char- tered aircraft is owned by any insured. 3. The insurance provided by this Provision J. shall be excess over any other valid and col- lectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to be excess of this policy. K. NON -OWNED WATERCRAFT I. The exception contained in Subparagraph (2) of the Aircraft, Auto Or Watercraft Exclu- sion in Part 2., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1— Coverages) is deleted and replaced by the following: (2) A watercraft you do not own that is: I. INJURY TO CO -EMPLOYEES AND CO- (a) Fifty feet long or less; and VOLUNTEER WORKERS (b) Not being used to carry persons or 1. Your "employees" are insureds with respect property for a charge; to "bodily injury" to a co -"employee" in the 2. This Provision K. applies to any person who, —_ .s um of the cn-"empioyee's"_emptoyment-by —wit# -your-expressed-or--impNed-cors , either you, or to your "volunteer workers" while per- uses or is responsible for the use of a water - forming duties related to the conduct of your craft. business, provided that this coverage for your "employees" does not apply to acts outside 3. The insurance provided by this Provision K. the scope of their employment by you or while shall be excess over any other valid and coi- lectible insurance available to the insured, performing duties unrelated to the conduct of whether primary, excess, contingent or on your business. any other basis exce t for insurance 2. Your "volunteer workers" are insureds with respect to "bodily injury" to a co -"volunteer worker" while performing duties related to the conduct of your business, or to your "employ- ees" In the course of the "employee's" em- ployment by you, provided that this coverage for your "volunteer workers" does not apply while performing duties unrelated to the con- duct of your business. R pur- chased specifically by you to be excess of this policy. L. INCREASED SUPPLEMENTARY PAYMENTS Parts b. and d. of SUPPLEMENTARY PAY- MENTS — COVERAGES A AND B (Section I — Coverages) are amended as follows: 1. In Part b. the amount we will pay for the cost of bail bonds is increased to $2600. Page 4 of 5 Copyright, The Travelers Indemnity Company, 2003 CG D1 86 1103 W 2. In Part d. the amount we will pay for loss of earnings is Increased to $500 a day. M. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): Notice of an "occurrence" or of an offense which may result In a claim under this Insur- ance shall be given as soon as practicable af- ter knowledge of the "occurrence" or offense has been reported to any insured listed under Paragraph 1. of Section 11 — Who Is An in- sured or an "employee" (such as an Insur- ance, loss control or risk manager or adminis- trator) designated by you to give such notice. Knowledge by other "employee(s)" of an "oc- currence" or of an offense does not imply that you also have such knowledge. 2. Notice shall be deemed prompt if given in good faith as soon as practicable to your workers' compensation insurer. This applies only If you subsequently give notice to us as soon as practicable after any insured listed under Paragraph 1. of Section II —Who Is An Insured or an "employee" (such as an insur- ance, loss control or risk manager or adminis- trator) designated by you to give such notice discovers that the "occurrence", offense or claim may involve this policy. 3. However, this Provision M. does not apply as respects the specific number of days within COMMERCIAL GENERAL LIABILITY which you are required to notify us in writing of the abrupt commencement of a discharge, release or escape of "pollutants" which causes "bodily injury,' or "property damage" which may otherwise be covered under this policy. N. UNINTENTIONAL OMISSION The following Is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information provided by you shall not prejudice your rights under this insurance. How- ever, this Provision N. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state Insurance laws, codes or regula- tions. O. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE The Expected Or Intended injury Exclusion in Part 2., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1 — Coverages) is deleted and replaced by the following: (This Insurance does not apply to:) Expected or Intended Injury or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of rea- sonable force to protect persons or property. CG D1 86 1103 Copyright, The Travelers indemnity Company, 2003 Page 5 of 5 Policy ' , A�=7630'91' CAG 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. SLANIt=iAIDttt`fAL ttt3UR0'- H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMI=NTS —,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 h — 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 dama9e" occurs and that is In effect 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 It — LI- ABILITY COVERAGE: EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE— GLASS J. PERSONAL EFFECTS K. AIRBAGS L AUTO LOWLEASE t EN1= WAfVEFP`SUBGAIt {; 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: 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 i of 3 Includes copyrighted material of Insurancezervtces office, Inc. vAth its permission. AW COMMERCIAL AUTO Any "employee" of yours is an "insured" white 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.I. of SEC- TION I - COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION ill - PHYSICAL DAMAGE COVERAGE* 5-00 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 We. 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- Hired Auto Physical Damage Coverage ble, of SECTION III - PHYSICAL DAMAGE If hired "autos" are covered "autos" for Liability COVERAGE: Coverage but not covered "autos" for Physical No deductible for a covered "auto" will apply to Damage Coverage, and this policy also provides glass damage if the glass is repaired rather than Physical Damage Coverage for an owned "auto", replaced. then the Physical Damage Coverage is extended J. PERSONAL EFFECTS to "autos" that you hire, rent or borrow subject to fhe�oAowing= ------ — The -following -is -added -to -Paragraph -AA , C (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 "foss". 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 Indenmity Company. All rights reserved. CA T4 20 07 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 59 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 AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and rag 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 bans 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 Td 20 OT 10 ® 2010 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. fIVQj t6t GQMpEIV31ilT[GRIANIX, MPLO'YERS LIABILITY INSURANCE POLICY WC 42 03 04 A 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 forthis endorsement is shown in the Schedule, Schedule. Specific Waiver. Name of person or organization Wo ny person or organization for whom the Named Insured has agreed by Written contract to fumish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge forthis endorsement shall be 2 , oo percent of the premium developed on payroll in connection with work performed for the above person(t) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which it Is attached effective on the Inception date of the policy unless a different date is indicated below. (The following 'attaching douse need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M. standard time, form a part of Policy No. TS F- 0 0 01113 0 9 9 of the Texas Mutual Insurance Company Issued to Hugo . Reed & Associates, Inc, Endorsement No. Premium $ WC420304A (E0.1•01-2000). /T, o**%, A/--� Author Representative AGENT'S COPY OUSER 9-06-2012 eft" AG'OROe CERTIFICATE nF I IARII ITV IA1e1 IDAKIr•e THIS CERTIFICATE 13 ISSUED AS A MATTER OF MFORM4TM ONLY AND CONFlRS NO RUM UPON THE CERTWXAT[ HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY X-WgNO, EXTEND OR ALTER TH8 COVERAGE AFFORDED By THE POUICtES BELOW. THIS CERTIFICATE OF INSURANCE 00E3 NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUINO INSURER(SI. AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: V the c9411calo holder Is an ADDITIONAL INSURED, the poDey{Tes) must 6s endorsed. H SUBROGATION IS WAIVED, sutljW to the terns and eo"llorls of The policy, Certain polkles may require an andonamaM. A statement on this cordikale doss not c"or rights to the eeruncaae holder to lift of such 6wonomeal(ak Pa000CER J. E . XURFEE & SON INSURANCE 1310 Texas Ave 806 7 63-5311 (806) 71i3-0863 Lubbock TX, 79401 wslaleFle Arrtlao+Ko a „�. eauAEo Hugo Read & Associates, Inc. e1suAERA:Continental CasualiX Company e+s<,aERe: 20443 t 1601 Avenue N Lubbock, TX 79401 04~ C: NISURER 0: lrasuaERE: COVERAGES c0ar1c1neTa w+, careen. INSURER F THIS D T YTHAT THEPOUCIES OFMOW HAVE SUED TO THE INSUREREVISION ER. D �- RR TFIE POLICY WOPERIOD ICATED. NOTWMaTANOWO ANY REWREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMW WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE tMED OR MAY PERTAIN. TjTE INSURANCE AFFORDED BY THIi POLICIES OESCf�BaD NOON IS SUBJECT TO ALL THE TERr,15. EXCLUSIONS AND CANDtTlOFi3 OF SUCH POLICIESwas. LUdR3 31T01RN MAY HAVE BEEN REDUCEQ BY PAID CLAW$. ua TYPE OP INSURANCE PCLICtf NUMBER A GP SWAL tW1ITY LiWT3 CW-EACIAL aaw*AL U Wtrlyoemreaes -EACH OCCURRENCE S S uAUIs-alAoaiOCCUR 6+EDP�tAoyoAeoarsan) s —� PERSONAL3ADVIMAM $ GNrI AGGREGATE tWIT APPUE3 PEN' POLICY PRO tOt AUTDa10eAE LIABrUTY OEHERk AGGREGATE S PRODUCTS •COUP/OP A00 S S ANYAUTO "U, NEO $ ENLEO KNW .VNEO KREO AUTOS e 60011. LNIRY (Pet Penon) _ BOOOYIIWRYtpereeddwa i e .- ti EACH OCCURRENCE i tP.IBRQu LW OCCUI EaCESS VAB CUaaYliaOE S at:o AETe+no�s AGGREGATE s Y/OAKERS AANYO M ouhut Yrr o�aa�soz Q MIA 1 E,L.BAOHACCOLK S I eN I ELOLSME•CAEWL $ of oPERATroN: etle., i E.L._DISEASE •POLtCYL"r s A Professional Liability AE9003987438 /3/2013 4/3/2014 r 000 per Claim 2S 000 Deductible $4,000,000 Aggregate OESCRipramOFOPERAT10L=LOCATitmsivMCLES(ANOMACOAD1oI.MliWIRamesas$dMaWa.Nmoretpaca;ar�pa4e01 In the event of the cancellation of the Insurance as shown herein, the Continental Casualty Company or its authorized representative will provide thirty (30) days prior written notice to the party to whom this certificate is addressed at the address stated herein. The mailing of such notice shall be sufficient proof of notice. City of Lubbock P.O. Sox 2000 Lubbock, TX 79457 SHOULD ANY OF THE ABOVE OESCRIBED POUCIE3 BE CAKWLLEO BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED mt ACCOROANCB WITH THE POLICY PROVISIONS. ACORo25(20toras) �s�-a,T�.wvxt�rORPORAnavf+igALlreaerved. The ACORD name and lop ate registered marks of ACORO Resolution No. 2013-RO439 D.T. LUBBOCK LAND SURVEYING SERVICES, PHASES 2 AND 3 CITY OF LUBBOCK, TEXAS CONTRACT FOR LAND SURVEYING SERVICES THE STATE OF TEXAS § THE COUNTY OF LUBBOCK § THIS CONTRACT is made by and between the City of Lubbock, Texas, hereinafter called the OWNER, and Hugo Reed and Associates, Inc., hereinafter called BRA. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the OWNER and BRA do mutually agree as follows. AGREEMENT ARTICLE 1. CONTRACT PERIOD This contract becomes effective when fully executed by both parties. The effective date of this contract shall be December 20, 2013. The Project Contract Period shall be 150 (one hundred fifty) calendar days, beginning on the date BRA receives written Notice to Proceed from the OWNER. HRA will not begin work or incur costs until so authorized in writing by the OWNER. ARTICLE 2. SCOPE OF SERVICES HRA will provide the professional services described in Attachment A, 'Project Scope and Services." The OWNER will furnish services described in Attachment B, "Services to be provided by OWNER." ARTICLE 3. COMPENSATION The maximum amount payable under this contract for Phase 2 Area Surveying Basic Services shall not exceed $ 47,005 (forty-seven thousand five dollars) unless an amendment is executed as provided hereinafter. The maximum amount payable under this contract for Phase 3 Area Surveying Additional Basic Services shall not exceed $ 52,305 (fifty-two thousand three hundred five dollars) unless an amendment is executed as provided hereinafter. Payment is authorized for costs incurred in accordance with the fee schedule attached hereto and labeled Attachment C, "Basis for Payment." HRA is authorized to submit periodic requests for payment within thirty days after costs are incurred as authorized herein. The request for payment shall be made using forms acceptable to the OWNER and shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current billing. All requests for payment will be mailed to the address shown on the signature page of this contract. Alternatively, requests for payment can be sent via e-mail to an account acceptable to OWNER at OWNER'S discretion. D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page I ARTICLE 4. WORK AUTHORIZATION The OWNER will authorize the work as described in Attachment A to be performed by HRA by the execution of this contract. The total cost authorized shall not exceed the maximum amount payable established in Article 3, "Compensation," nor shall completion dates extend beyond the end of the contract period established in Article 1, "Contract Period," unless either is authorized by amendment as provided hereinafter. ARTICLE 5. PROGRESS Upon acceptance of a work authorization, HRA shall undertake and complete the authorized work. The OWNER or HRA can request conferences to be provided at HRA's office, the office of the OWNER, or at other agreed upon locations. ARTICLE 6. INSPECTION OF WORK The OWNER and any of their authorized representatives have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of BRA, HRA shall provide all reasonable facilities and assistance for the convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 7. AMENDMENTS If it becomes necessary at any time during the contract period to change the scope of work, the contract period, the maximum amount payable, the complexity, or the character of this contract, an amendment must be prepared and executed within the contract period established in Article 1 above. The OWNER retains the right to reject any such amendment proposed by HRA unless the OWNER finds the proposed amendment necessary to complete the work authorized herein. Any such amendment will be made in writing agreed to by all parties hereto and duly executed before the end of the contract period specified in Article 1 above. ARTICLE 8. SUSPENSION OF WORK Should the OWNER desire to suspend the work but not terminate the contract, the OWNER will issue a written order to stop work setting out the terms of the suspension. HRA will stop all work and cease to incur costs during the term of the suspension. HRA will resume work when notified to do so in writing by the OWNER. Suspension of work does not extend the contract period. If additional time is required to complete the work because of the suspension, a contract amendment will be executed in accordance with Article 7, "Amendments." ARTICLE 9. REPORTING HRA shall promptly advise the OWNER in writing of events which have a significant impact upon the contract, including: D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, hic. & City of Lubbock Page 2 Problems, delays, or adverse conditions which will materially affect the ability to meet time schedules and goals, or preclude the attainment of project work units by established time periods. A statement of the action taken or contemplated shall accompany this disclosure. 2. Favorable developments or events which enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected. ARTICLE 10. RECORDS BRA agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at its office during the contract period and for seven years from the date of final payment under the contract for inspection by the OWNER or any of their duly authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions. ARTICLE 11.OWNERSHIP OF DOCUMENTS Upon completion or termination of this contract, all documents prepared by HRA or furnished to HRA by the OWNER shall be delivered to and become the property of the OWNER. All sketches, photographs, calculations, and other data prepared under this contract shall be made available, upon request, to the OWNER without restriction or limitation on their further use, however, re -use of any documents by OWNER or others for any purpose other than originally intended and specific to this Project shall be at the sole risk of the user, and HRA shall bear no liability for such re -use. In the case of any discrepancies between electronic documents and certified hard copies, the certified hard copies shall govern. HRA may, at its own expense, have copies made of the documents or any other data furnished the OWNER under this contract. ARTICLE 12. HRA RESOURCES HRA warrants that the firm presently has adequate qualified personnel in its employment for performance of services required under this contract, or will be able to obtain such personnel from sources other than the OWNER. Unless otherwise specified, HRA shall furnish all equipment, materials, and supplies required to perform the work authorized herein. All employees of HRA or of any subcontractor shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of HRA or any subcontractor who, in the opinion of the OWNER, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. ARTICLE 13. SUBCONTRACTS HRA shall not subcontract or otherwise transfer any portion of the work authorized in this contract unless specifically authorized in writing by the OWNER. HRA will require any subcontractors to comply with the applicable terms of this contract. ARTICLE 14. SUCCESSORS AND ASSIGNS The OWNER and HRA each bind itself, its successors, executors, administrators and assigns of such other party in respect to all covenants of this agreement. HRA shall not assign, subcontract, or transfer its interest in this agreement without the written consent of the OWNER. D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 3 ARTICLE 15. INSURANCE HRA shall procure and carry, at its sole cost and expense through the life of this Agreement and for a period of at least five years following the termination or expiration of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to OWNER, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. HRA shall obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: Professional Liability: Combined Single Limit: Automobile Liability: Combined Single Limit for any auto: $1,000,000 $1,000,000 Per Occurrence $1,000,000 Per Occurrence The OWNER shall be listed as an additional insured on a primary and non-contributory basis with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under all policies. HRA shall provide a Certificate of Insurance to the OWNER 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. The additional insured endorsement shall include Products and Completed Operations. HRA 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. HRA may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. If at any time during the life of the Agreement or any extension hereof, HRA fails to maintain the required insurance in full force and effect, HRA shall be in breach hereof and all work under the Agreement shall be discontinued immediately. ARTICLE 16. DISPUTES HRA shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by BRA in support of the work authorized herein. D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 4 ARTICLE 17. REMEDIES A. Violation or breach of contract terms by HRA shall be grounds for termination of the contract, and any reasonable increased cost to the OWNER arising from HRA's default, breach of contract, or violation of terms shall be paid by HRA. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. B. The OWNER reserves the right to exercise any right 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 OWNER 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 other provision in, or related to, this document, this provision shall control. ARTICLE 18. TERMINATION This contract may be terminated before the completion date established in Article 1, "Contract Period," by any of the following conditions: A. By mutual consent and agreement of both parties hereto. B. By the OWNER, with notice in writing to HRA as consequence of failure by HRA to perform the services herein set forth in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of HRA. C. By either party, upon the failure of the other party to fulfill its obligations as set forth in the Scope of Services attached hereto and labeled Attachment A and Attachment B, giving written notice one to the other establishing the effective date of termination. D. By the OWNER, for reasons of it's own and not subject to the mutual consent of HRA, upon not less than thirty days written notice to HRA. E. By satisfactory completion of all services and obligations described herein. Should the OWNER terminate this contract as herein provided, costs other than costs due and payable at the time of termination shall thereafter be paid to HRA. In determining the value of the work performed by HRA prior to termination, the OWNER shall be the sole judge. Payment for work at termination will be based on work completed at that time, including partially completed surveys, subject to the conditions established in the paragraph following. In the case of partially complete projects, eligible costs will be calculated on the number of hours documented to the satisfaction of the OWNER multiplied by the hourly rate for the appropriate personnel plus any additional cost authorized in Attachment C, "Basis for Payment," incurred to the date of termination remaining unpaid. D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 5 If HRA defaults in performance of this contract or if the OWNER terminates the contract for fault on the part of HRA, the OWNER will give consideration to the actual work performed to the date of default, the cost to the OWNER of employing another firm to complete the required work, and the time required to do so, and other factors which affect the value to the OWNER of the work performed at the time of default. If the termination of this contract is due to the failure of HRA to fulfill its obligations, the OWNER may take over the project and prosecute the work to completion by contract or otherwise. In such case, HRA shall be liable to the OWNER for any additional cost occasioned the OWNER thereby. ARTICLE 19. COMPLIANCE WITH LAWS HRA shall comply with all Federal, State, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunals in any matter affecting the performance of this contract, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, HRA shall furnish the OWNER with satisfactory proof of compliance therewith. ARTICLE 20. INDEMNIFICATION Having considered the potential liabilities that may exist during the performance of the Services, the benefits of the Project, and the HRA's fee for the Services, and in consideration of the promises contained in this Agreement, HRA agrees to provide the indemnities set forth herein. HRA shall indemnify and hold OWNER and OWNER's elected officials, officers, agents, employees and independent contractors harmless, to the fullest extent permitted by law, from and against any and all claims, demands, damages, costs, liabilities and expenses, and including reasonable attorney's fees, as a result of, related to or arising from HRA's negligent acts, errors, or omissions. To the extent allowed by law, the OWNER shall save harmless BRA from all claims and liability due to activities of OWNER, its agents, or employees, performed under this contract and which result from an error, omission, or negligent act of the OWNER or of any agent or person employed by the OWNER. To the extent permitted by law, the OWNER shall also save harmless HRA from any and all expenses, including reasonable attorney's fees, which might be incurred by HRA in litigation or otherwise resisting said claim or liabilities which might lie imposed on HRA as the result of such activities by the OWNER, its agents, or employees. (Space left blank intentionally) D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 6 ARTICLE 21. SIGNATORY WARRANTY The undersigned signatory for Hugo Reed and Associates, Inc. hereby represents and warrants that he is an officer of the organization for which he has executed this contract and that he has full and complete authority to enter into this contract on behalf of his firm. The undersigned signatory for the OWNER hereby represents and warrants that he/she has full and complete authority to enter into this contract on behalf of this organization. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed, but this contract shall not be valid until signed by a duly authorized representative of each party. APPROVED AS d Franklin, P.E. Engineer HUGO REED AND ASSOCIATES INC Stevan M. Coleman, P.E. E.V.P. Operations Mailing Addresses: APPROVED AS TO FORM: Chad Weaver Assistant City Attorney For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims and correspondence: For: Hugo Reed and Associates, Inc. For: City of Lubbock 1601 Avenue N 1625 13th Street Lubbock, TX 79401 Lubbock, Texas 79401 Attn: Mr. Stevan M. Coleman, P.E. Attn: Mr. Wood Franklin, P. E. EVP Operations City Engineer D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 7 ATTACHMENT A to AGREEMENT for LAND SURVEYING SERVICES, GENERAL PROJECT SCOPE and SERVICES OWNER: City of Lubbock, Texas PROJECT: Land Surveying Services for: D.T. Lubbock Land Surveying Services, Phases 2 and 3 Lubbock, Texas The scope of services for this project is as follows: I. BASIC SERVICES A. SURVEYING SERVICES The Basic Surveying Services for Phase 2 and Phase 3 are outlined in detail in Exhibit A-1, Worksheets A-1.1 and A-1.2, respectively, according to the tasking and man-hours indicated therein. Exhibit A-2 is a map indicating the project area limits for Phase 2 and Phase 3. Following is a summary of the major categories for the Basic Surveying Services to be performed: a. HRA will attempt to locate any and all existing block corners within the project area(s). Where existing block corner monumentation is not found, HRA will not generally set new monuments at such locations. Along block right-of-way locations where existing block corner monuments are not found, and where there are no appreciable surface impediments that would prevent a utilities installer from straying out of the apparent "parkway" portions of the street rights -of -way (that being the areas behind street backs -of -curbs to the street right- of-way lines), HRA will exert efforts as appropriate in HRA's judgment to establish block corner monumentation at those locations; b. Field -locate and measure visible surface improvements within the parkway right-of-way areas on both sides of the street corridors within the project limits; C. Field -locate and measure visible improvements on private property immediately adjacent to each project area right-of-way line to the extent determined appropriate by the responsible surveyor to satisfy project requirements, or as may be directed by OWNER on a case -by -case basis, but generally not to exceed location and measurement of private improvements in excess of 5' (five feet) beyond said apparent right-of-way lines; d. Field locate visible manhole lids and valve box covers within the street rights -of -way in the project area(s); e. Prepare and deliver certified plats of surveys provided in a drawing and survey plat format acceptable to OWNER. D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 8 2. The survey package deliverables will include one set of completed survey data in the form of reproducible mylar survey plats. 3. HRA will provide one hard -copy and one electronic copy of the survey data. 4. HRA will attend a surveying project kick-off meeting if requested by the OWNER.. D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 9 ATTACHMENT B to AGREEMENT for LAND SURVEYING SERVICES, GENERAL SERVICES TO BE PROVIDED BY OWNER OWNER: City of Lubbock, Texas PROJECT: Land Surveying Services for: D.T. Lubbock Land Surveying Services, Phases 2 and 3 Lubbock, Texas The OWNER will provide any and all information available to OWNER, upon request, which may be pertinent to HRA's prosecution of the work. OWNER shall promptly notify HRA whenever OWNER becomes aware of any occurrence having a material impact on the project. The OWNER shall provide adequate personnel to review interim submittals (if any) and coordinate location and time for meetings as necessary for the prosecution of the work. OWNER shall appoint a Project Manager who will be the primary point of contact for HRA during prosecution of HRA's work on the project, and who shall have authority to make material decisions within his/her delegated authority. OWNER shall provide timely reviews of any submittals and timely responses to HRA's Requests for Information so as not to unnecessarily hinder the progress of the work. D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 10 ATTACHMENT C to AGREEMENT FOR LAND SURVEYING SERVICES BASIS for PAYMENT OWNER: City of Lubbock, Texas PROJECT: Land Surveying Services for: D.T. Lubbock Land Surveying Services, Phases 2 and 3 Lubbock, Texas For Services rendered under this Contract, OWNER agrees to pay HRA as follows: A. GENERAL 1. HRA will be paid according to the personnel classifications and hourly rate schedules shown in Table C-1, based on actual services performed on the project by classification and hours. 2. Monthly payments will be made to HRA based on the uncontested amount of each monthly statement prepared and submitted by HRA. Each monthly statement will be itemized to show the amount of work actually performed by each personnel classification and with associated reimbursable expenses for HRA. Statements will be submitted in a format acceptable to OWNER. 3. Anticipated delivery date for the project deliverables for the Phase 2 project area is on or about April 12, 2014, and for the Phase 3 project area the anticipated date for project deliverables is on or about May 17, 2014. These dates are based on receiving an executed contract and Notice to Proceed no later than December 20, 2013. Should the Notice to Proceed on the Project not be received by the anticipated date, OWNER agrees that it will be necessary to reconsider the anticipated delivery date and, if necessary, to modify same by amendment to this contract if so agreed upon by both the OWNER and HRA. B. BASIC SERVICES The maximum compensation to be billed OWNER by HRA for performance of the Basic Services is as follows. Basic Services D.T. Lubbock Surveying, Phase 2 Area $ 47,005 D.T. Lubbock Surveying, Phase 3 Area $ 52,305 TOTAL BASIC SERVICES NOT TO EXCEED: 99,310 D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 1 I TABLE C-1 PERSONNEL SERVICE RATES for AGREEMENT FOR ENGINEERING SERVICES OWNER: City of Lubbock, Texas PROJECT: Land Surveying Services for: D.T. Lubbock Land Surveying Services, Phases 2 and 3 Lubbock, Texas COMPENSATION RATES Hourly fees listed herein will apply for the term of this contract. A. PERSONNEL SERVICES Category of Personnel Hourly Rate Hugo Reed and Associates. Inc. Principal -in -Charge or Officer $150.00 Surveying Project Manager 145.00 Senior Registered Professional Land Surveyor 140.00 Senior Professional Engineer 140.00 Surveying Field Manager 85.00 Survey Crew 150.00 Survey Party Chief 75.00 Senior Surveying CAD Technician/Manager 85.00 Researcher 69.00 D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 12 EXHIBIT A-1 TASKING and MAN-HOURS for SERVICES D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, Inc. & City of Lubbock Page 13 4 w 2 W � U N ] � UQ N 2 QW E v F$ � N j 0 �'n Q O N?, a W Q IL = a 0 c O I y 3� W K a °' d m � U � m N ) a ark u y � O N N M N V h 0 a m 8 p 0 0 4 H 40 f9 m m M /H fH bi 61 fH V t0 In n N V N V c� n N V V V N O V Ll 1 6 � Q H N y9 � CL fC w L N Vi �F N w0 Z t 10 Z U m O 0 2 0 m N O m X c g L y$ N co Y CiiE O N U M V �7 LL> h v f0 r a aD W> o Q N_ E N N N 0 N- N N N N N U) W U W Z U) in U "� 00 > aw IN CL E rai O W t2 Fs f 0 > � N ° 0 z5 Q O a m Q a co W Q 2 IL g n 4 S m m OD ao 6 h C J (9 Vi f9 M fA f9 'J 2 N N co P- s m Gi o m �o F �a� co n � U d � U � IL >, o 7 v mmo � o m C t co V9 N N t7n `o g c C N W � ojs mad Q m g W 69 u g C u9 t IL o' 8 Ix m U m m y b w wd Z a wi -6 > X U m Wo O N ch � N- V In tD N !9 a M t9 to f9 di (9 f9 d9 (9 N Go v (D N v m d y cl H. E to m p v m uTi k 8 N ocm o U p-2 C3 0 m C C 0 m > N m YO 2 C V 1C � m E m U > u. r •ap 7 Y u- 7 U U 2 U U a LL O N 0O C N E N N N E N N N N L N f, o Cl)Cq w r9 0 cli N o 0 LO a EXHIBIT A-2 PROJECT AREA LIMITS for D.T. LAND SURVEYING SERVICES PHASES 2 and 3 D.T. Lubbock Land Surveying Services Phases 2 and 3, Hugo Reed & Associates, hic. & City of Lubbock Page 14 usa us82 i WHO o m'am" LN t 'l A O 'r t3y 3 �SYr @ r rrJtY 4 Y c. L� � 7 � e r � F`t tt*tt �sn"ST I ` WHO r Plow] PIr6