HomeMy WebLinkAboutResolution - 2007-R0419 - Agreement - Black & Veatch Corporation - 09/13/2007Resolution No. 2007-80419
September 13, 2007
Item No. 5.23
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Professional Services
Agreement between the City of Lubbock and Black & Veatch Corporation, and all related
documents. Said Professional Services Agreement is attached hereto and incorporated in
this Resolution as if frilly set forth herein and shall be included in the minutes of the
Council.
Passed by the City Council this 13th day of September 2007.
DAVID A. MILLER, MAYOR
ATTEST:
Rebec a Garza, City Secretary
APPROVED AS TO CONTENT:
Chief &-2ineerfor Water Utilities
APPROVED AS TO FORM:
Richard K. Casner, First Assistant City Attorney
ml/ccdocs/Professional Services Agrmt - Black&Veatch
August 27, 2007
Resolution No. 2007-RO419
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into this 13th
day of September , 2007, by and between the City of Lubbock (the "City"), a
Texas home rule municipal corporation, and Black & Veatch Corporation (the
"Engineer").
WITNESSETH
WHEREAS, the City desires to contract with Engineer to perform services as
described in Exhibit "A", "Scope of Services", attached hereto, and Engineer desires to
provide the services related to same.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the City and Engineer agree as follows:
ARTICLE I
Services
1.01 Engineer shall conduct all activities and within such time frames, as set forth on
Exhibit "A", "Scope of Services", attached hereto (the "Services").
ARTICLE 11
Compensation and Term
2.01 The consideration to be paid for the Services to be provided the City as described
in Article I shall be on a lump sum basis. The lump sum due and payable to
Engineer shall be Two Hundred Eighty -Six Thousand Three Hundred Dollars
($286,300). Invoices shall be submitted on a monthly basis and for the amount of
labor spent on the project over the billing period. Billing amount shall reflect the
labor spent to -date as a percent complete and shall be payable by the City within
thirty (30) days of receipt of same. In the event the City disputes any invoice
item, the City shall give Engineer reasonable written notice of such disputed item
ten (10) days after receipt of such invoice and shall pay to Engineer the
undisputed portion of the invoice according to the provisions hereof. If the City
fails to pay any invoiced amounts when due, interest will accrue on each unpaid
amount at the rate of one and one-half percent (1 %%) per month, or the
maximum amount allowed by law if less, from the date due until paid according
to the provisions of this Agreement. Interest shall not be charged on any disputed
invoice item, which is finally resolved in the City's favor. Payment of interest
shall not excuse or cure any default or delay in payment of amounts due.
2.02 This Agreement shall expire on the sooner to occur of (i) one (1) year after the
date hereof, or (ii) the completion of the Services. Additionally, the City may
terminate this Agreement by providing written notice to Engineer at least thirty
(30) days prior to the effective date of termination as provided in such notice. In
the event this Agreement is so terminated, the City shall pay Engineer only for
services actually performed by Engineer up to and including the date the Engineer
is deemed to have received the City's notice of termination plus any reasonable
termination expenses incurred by Engineer (including but not limited to
cancellation or demobilization costs or fees) as a result of such a termination.
ARTICLE III
Independent Contractor
3.01 It is understood and agreed that Engineer is to perform the Services in a sound
and professional manner and exercising the degree of care, skill and diligence in
the performance of the Services as is exercised by a professional engineer under
similar circumstances and Engineer hereby warrants to the City that the Services
shall be so performed. Further, Engineer is and shall be considered at all times
an independent contractor under this Agreement and/or in its service, hereunder.
During the performance of the Services under this Agreement, Engineer and
Engineer's employees will not be considered, for any purpose, employees or
agents of the City within the meaning or the application of any federal, state or
local law or regulation, including without limitation, laws, rules or regulations
regarding or related to unemployment insurance, old age benefits, workers
compensation, labor, personal injury or taxes of any kind.
ARTICLE N
Events of Default/Remedies
4.01 Engineer's Defaults/City's Remedies. In the event Engineer shall default in the
performance of any term or provision of this Agreement for any reason other than
failure by the City to perform hereunder, the City may, if Engineer does not take
action to begin to cure such default after five (5) days notice of such default is
delivered to Engineer, exercise any right or remedy available to it by law,
contract, equity or otherwise, including without limitation, specific performance
and/or the right to terminate this Agreement without additional notice.
ARTICLE V
Insurance/Indemnity
5.01 Engineer shall procure and carry, at its sole cost and expense through the life of
this Agreement, insurance protection as hereinafter specified in Exhibit "C".
5.02 Engineer shall indemnify and hold City and City's elected officials, officers,
agents, employees and independent contractors harmless, to the fullest extent
permitted by law, from and against any and all third party claims, demands,
damages, costs, liabilities and expenses, and including reasonable attorney's fees,
to the extent such claims, demands, damages, costs, liabilities or expenses are
caused by Engineer's negligent acts, errors, or omissions.
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ARTICLE VI
Miscellaneous
6.01 Engineer shall comply with all laws, statutes, regulations, ordinances, rules and
any other legal requirement related to, in any way, manner or form, the
performance of the Services contemplated herein.
6.02 Any notice required by this Agreement shall be deemed to be properly served, if
(i) provided in person or by telephonic facsimile, or (ii) deposited in the United
States mail by certified letter, return receipt requested, addressed to the recipient
at recipient's address shown below, subject to the right of either party to designate
a different address by notice given in the manner just described. Notice shall be
deemed to be received when delivered if provided in person or by telephonic
facsimile or, if deposited in the United States mail, as set forth above, three (3)
days after depositing such notice in the United States mail, as set forth above.
For City:
Wood Franklin, P.E.
Chief Engineer for Water Utilities
P.O. Box 2000
Lubbock, TX 79457
Facsimile: (806) 775-3344
For Engineer:
Joe R. Aillet, P.E.
Project Manager
Black & Veatch
14100 San Pedro, Suite 410
San Antonio, Texas 78232
Phone Number 210-404-1330
Fax Number 210-404-1370
6.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW
WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD
DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION.
THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT
ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY,
TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS
AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL
EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS.
6.04 This Agreement represents the entire and sole agreement between the City and
Engineer with respect to the subject matter hereof and supersedes any and all
prior negotiations, understandings, representations or other agreements, whether
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written or oral. This Agreement may not be modified or amended except in
writing and duly executed by each party hereto.
6.05 Nothing contained herein shall be construed to imply a joint venture, joint
enterprise, partnership or principal -- agent relationship between Engineer and the
City.
6.06 If any provision of this Agreement is declared invalid or unenforceable, such
provision shall be deemed modified to the extent necessary to render it valid and
enforceable so long as said modification is reasonably within the intent the parties
as originally expressed. In the event such provision may not be so modified, the
unenforceability or invalidity of any provision shall not affect any other provision
of this Agreement, and this Agreement shall continue in force and effect as if such
provision had not been included in this Agreement.
6.07 Any and all hydraulic modeling files, data base (GIS) files, 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 Section 2.01, above. Any and all documents prepared by the Engineer and
transmitted to the Owner are considered instruments of service to this project.
They are not intended or represented to be suitable for reuse by the Owner or
others on extensions of this project or on any other project. Any reuse without
prior written verification or adaptation by Engineer for the specific purpose
intended will be at the Owner's sole risk and without liability or legal exposure to
Engineer. Any verification or adaptation of documents will entitle Engineer to
additional compensation at rates to be agreed upon by the Owner and Engineer.
6.08 A waiver by either City or Engineer of a breach of this Agreement shall be in
writing. 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.
6.09 Neither City nor Engineer may assign this Agreement, in whole or in part, without
the written consent of such assignment by the non -assigning party. City and
Engineer each bind itself or himself, their legal representatives and permitted
assigns in respect to all provisions of this Agreement.
6.10 Nothing in this Agreement shall be construed to provide any rights or benefits
whatsoever to any party other than City and Engineer.
6.11 Engineer represents and warrants to City that it has taken all actions necessary to
authorize the party executing this Agreement to bind, in all respects, Engineer to
all terms and provisions of this Agreement, and that such person possesses
authority to execute this Agreement and bind Engineer hereto.
6.12 In performance of the Services, it is understood that Engineer may be supplied
with certain information and/or data by City, and that Engineer will rely on such
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information. It is agreed that the accuracy of such information is not within
Engineer's control and Engineer shall not be liable for its accuracy, nor for its
verification.
6.13 Engineer's opinions, estimates, projections, forecasts of current and future costs,
revenues, other levels of any sort, and events shall be made on the basis of
available information and Engineer's expertise and qualifications as a
professional. Engineer does not warrant or guarantee that its opinions, estimates,
projections or forecasts of current and future levels and events will not vary from
City's estimates or forecasts or from actual outcomes.
6.14 Engineer shall not be in default under this Agreement for delays in performance
caused by circumstances beyond its reasonable control. Should such
circumstances occur, Engineer shall, within a reasonable time of being prevented
from performing, give written notice to City and shall be entitled to an equitable
adjustment in schedule and compensation.
IN WITNESS WHEREOF, the parties have executed this Agreement by their
duly authorized representatives as of the date first written above.
Engineer:
Ack ; 1��,
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Titl
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ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:.
ood F ankli E.
Chief En eer for Water Utilities
APPROVED AS TO FORM:
6,1 -
Richard K. Casner,
First Assistant City Attorney
mllCityAtt/Richard/B lack&V Batch-Fina1082007
August 20, 2007
CITY OF LUBBOCK
011
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"LER, MAYOR
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131
Resolutiou No. 2007-R0419
EXHIBIT A
ENGINEERING ,SERVICES
The purpose of Exhibit A is to define the scope of professional engineering services required to
conduct hydraulic, surge, corrosion, stress, and structural analyses of the Bailey County Well
Field and Water Transmission Main. The analyses shall include the Bailey County well field and
transmission main terminating at the Low Head B Reservoir. The deliverable under Phase 1 shall
be a report to identify sections of the well field piping and transmission main that may require
field testing to validate pipe integrity. The field validation of potential sections with questionable
integrity shall be executed under Phase 2- Condition Assessment (Field) Validation.
Work under Phase 1 shall start on execution of this Agreement, and work under any other
proceeding phases, shall not proceed until City has authorized the Engineer in writing to proceed.
Phase 1 shall be completed within six months from receiving a notice to proceed.
PHASE 1 -- MATERIAL INTEGRITY ANALYSES AND REPORT
Task Series 100 - Proiect Controls ,and Management
Task 101 - Project Administration
This task includes the administrative tasks to be performed throughout the project, including
preparation of monthly invoices (a narrative addressing work completed for the invoice period)
and monitoring the project budget and schedule.
Task 102 - Project Initiation Meetings
Conduct a project initiation meeting with the City. Issues to be presented and addressed during
the meeting shall include revisiting goals and objectives, introduce all team members and identify
responsibilities, present project schedule, and discuss milestones and deliverables. Identified
during the meeting shall be up to three operating scenarios with one scenario assuming a 45 -
MGD flow rate.
Task 103 - Council Presentation
Conduct up to two presentations to City Council and LWAC. Develop a PowerPoint presentation
to convey pertinent information to ensure the City Council is abreast of the project's progress and
direction of the recommendations.
Task Series 200 - Define Existing Facilities
Task 201 - Request City Provided Data and Reports
Engineer shall prepare a data request memorandum and submit the City. The intent of reviewing
historical data pertinent to the Bailey County system is to allow the Engineer to develop a
thorough understanding of the system's design intention and current hydraulic operating
condition. The data shall include, but not limited the following:
A Bailey County well field well water levels, pump curves and well field collection
piping layout, diameter and length.
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➢ Bailey County well field storage reservoir (filled by the well field) size and
dimensions and pump station pump curves and storage reservoir.
➢ Bailey County water transmission main material, age, diameter, length, plan and
profile, make and lays, design parameters, and working and surge pressure
designations. Engineer is aware that the City does not have design information on
approximately ten percent of the transmission main. Engineer shall attempt to
locate such information through contacting current pipe manufactures.
➢ Valve Pits 1, 2 and 3 (located along the Bailey County water transmission main),
number of valves per pit, valve types, sizes, settings and modes of operation.
➢ Low Head B Reservoir size and dimensions.
Historic SCADA data in hard copy format. Engineer shall submit an Operation
Conditions Memorandum that identifies what operating data is necessary to
successfully replicate historical and current operating conditions. It is currently
anticipated that such information as pressure readings at specific locations in the
well field as well as along the transmission main. It is assumed that the Engineer
shall manually import such operating data into electronic format.)
➢ Dates and locations of pipe breaks or reported leaks.
➢ Locations of pipe repairs and methods used and pipe replacement.
➢ Pipeline inspection or pipeline failure reports, if available.
➢ Raw water quality data.
Task 202 - Review Existing Data and Reports
Upon receiving all requested data and reports identified in the Data Request Memorandum,
Engineer shall review information to develop a clear understand of how the Bailey County
Facilities are currently operated.
Task 203 - Facility Inspection and Workshop
At the completion of Task 201, Engineer shall meet with City's staff to discuss how the system
was intended to operate and is currently operated, identify and address any missing information
and/or discrepancies in the data.
Task Series 300 - Hydraulic Analysis
Engineer shall perform a hydraulic analysis of the existing well field and transmission system to
understand current operating conditions at various demand scenarios. Efforts anticipated under
this task series shall include:
➢ Build a hydraulic model of the existing well field and transmission system in Water Gem.
The well field will be modeled using the pump curves and approximate water level
elevations in the wells or as negative demand nodes. Model files shall be delivered to the
City in Water Gem format. The City shall be responsible for all conversions after
delivery.
➢ Calibrate hydraulic model against historical operating conditions, if available. Such
conditions shall include but not limited to:
o Well field flows and pressures
• High service pump(s) flows and pressures
o Pressures at each of the valve stations.
• Tank(s) levels
➢ Evaluate up to three model scenarios with flow conditions to be determined during
project initiation meeting.
➢ Summarize hydraulic model output including calibration results (modeled vs. actual), and
hydraulic profiles for the three flow conditions. Include comparison of modeled pressures
with the original design pressure class/limits of the transmission main.
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Task Series 400 - Sur a Analysis
Engineer shall perform a surge analysis to identify operating and/or failure conditions that may
impose excessive pressure throughout the well field collection system and along the transmission
main. Efforts anticipated under this task series shall include:
➢ Build surge model in LIQT. The city of Lubbock water distribution system will not be
modeled, and reflected waves from the distribution system will not be modeled.
➢ Evaluate worst case flow condition for three cases: 1) valve closure, 2) pump shutdown,
and 3) pump startup
➢ Summarize the surge model output, including hydraulic profiles for the unmitigated valve
closure and pump shutdown surge conditions. Include comparison of modeled pressures
with original surge pressure design of the transmission main.
Task Series 500 — Desktop Corrosion Assessment
Engineer shall determine if any portion of the transmission main is more susceptible to failures
due to aggressive soils or stray currents from nearby petroleum pipelines. Efforts anticipated
under this task series shall include:
➢ Determine from available drawings and soils data:
o Locations of natural gas, petroleum, or other piping crossings protected by
impressed current cathodic protection systems which could be source of stray
current corrosion.
o Locations of corrosive soils, and water crossings that could contribute to the
corrosion of the transmission main.
o Locations along the transmission main where a pipe failure would result in major
damage to the surrounding area, businesses, or roads.
Recommend inspecting portions of the transmission main where:
o Stray current would be most likely to occur.
o Soils are the most likely corrosive.
o The most damage to the surrounding area would result if a break occurred there.
Task Series 600 — Resistivity Survey
Engineer shall traverse the entire length of the transmission main and the width (east -west) of the
well field and measure the soil conductivity to a depth of 1.5 meters using an EM -38 Terrain
Conductivity Meter with a Trimble GeoSH GPS. The apparent resistivity shall be calculated from
these conductivity values. Resistivity values shall aid in projecting the pipe's concreted coating
rate of deterioration and shall serve, along with trend failures profile and the results from the
surge analysis, as a benchmark for forecasting infrastructure longevity.
Task Series 700 — Structural Inte2ritV Evaluation
Task 701— Structural Evaluation
Perform structural evaluation of the as -built transmission main subjected to the combined effects
of external loads, current and future working and transient pressures, and pipe and fluid weights.
Evaluate pipe design adequacy by calculating margin of safety for the existing conditions and
proposed future condition along the pipeline based on the stress and strain limit state analysis for
both circumferential and longitudinal stresses in the pipe.
Task702 — Failure Risk Analysis
Perform a nonlinear finite element analysis of the transmission main with different assumed
levels of distress in form of corrosion and perforation of steel cylinder and breakage of bars to
determine the conditions that would lead to the rupture of the pipe. Calculate for the maximum
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pressure in the line the extent of distress corresponding to onset of leakage and ultimate capacity
of the pipe.
Task Series 800 — Findings and Recommendations Report
Task 801 - Populate GIS Database
The Engineer shall populate a GLS database with all pertinent design data collected throughout
the project to allow the Engineer to set and query critical sections of the system based on
predetermined weighted values. Compiled data to be included are: geotechnical information,
foreign utilities crossings, environmental, design information, hydraulic and surge profiles, and
findings developed under Task Series 700. Engineer shall deliver all GIS files in using ASRi
based software. The City shall be responsible for all conversions after delivery.
Task 802 — Present Preliminary Fundings and Recommendations
At the completion of Task 801, Engineer shall meet with City's staff to present results from the
hydraulic, surge, and corrosion analyses, and proposed recommendations for Phase 2.
Task 803 - Report Development
Prepare a report to summarizes findings of the hydraulic analysis, surge analysis and corrosion
assessment. It is anticipated that the report shall include recommendations for a structural
integrity investigation using selected technologies offered by Pressure Pipe Inspection Company
(PPIC). The implementation schedule for the Phase 2 work shall be structured to compliment
budget limitations. The structural integrity investigation shall be executed under Phase 2 as
needed.
Submit five hard copies and one PDF version to the City.
PHASE 2 — CONDITION ASSESSMENT (FIELD) VALIDATION
Based on the recommendations developed under Task Series 800 above, Engineer shall prepare a
scope and fee to support the implementation of the condition assessment validation with Staff
approval. Upon the negotiation of a mutually agreed scope and fee and amendment of this
Agreement, Engineer shall proceed with Phase 2 only upon receiving written notice to proceed.
PHASE 3 — MITIGATION PLAN At the conclusion of Phase 2 work, Engineer shall prepare a
mitigation plan based on the findings and recommendations developed under Phase 1 and Phase
2. The mitigation plan shall be structured in so that all recommendations are scheduled over a
predetermined time period and are phased to be support current budget(s). Upon the negotiation
of a mutually agreed scope and fee and amendment of this Agreement, Engineer shall proceed
with Phase 3 only upon receiving written notice to proceed.
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Resolution No. 2007-RO419
EXHIBIT B
COMPENSATION
For the services covered by this Contract, the City agrees to pay the Engineer as follows:
For Phase 1 — Material Integrity Analyses and Report, a lump sum fee based on
the schedule of values presented below. The fixed fee for subsequent phases
presented in Attachment A - Engineer Services shall be added by Contract
Amendment. Engineer shall not start work on subsequent phases without written
authorization from the City.
➢ Task Series 100 - Project Controls and Management ...............
$24,500
➢ Task Series 200 - Define Existing Facilities ..........................
$38,100
➢ Task Series 300 - Hydraulic Analysis .................................
$24,700
➢ Task Series 400 - Surge Analysis ......................................
$25,500
➢ Task Series 500 - Desktop Corrosion Assessment ..................
$23,800
➢ Task Series 600 - Resistivity Survey ..................................
$28,500
➢ Task Series 701 - Structural Integrity Evaluation ....................
$42,600
Task Series 702 - Failure Risk Analysis .................................
$47,000
➢ Task Series 800 - Findings and Recommendations Report.........
$31,600
2. Monthly payments shall be made to the Engineer by the City based on the
Engineer's statement. For fixed price work items, the statement shall indicate
amount due proportionate to the progress of the work as reported by the Engineer.
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Resolution No. 2007-80419
EXHIBIT C
INSURANCE
SECTION A. Prior to the approval of this contract by the City, the Engineer shall
furnish a completed Insurance Certificate, along with a copy of the additional insured
endorsement, to the City which shall be completed by an agent authorized to bind the
named underwriter(s) to the coverages, limits, and termination provisions shown thereon,
and which shall furnish and contain all required information referenced or indicated
thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER
THIS CONTRACT [JNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED
TO THE CITY.
INSURANCE COVERAGE REQUIRED
SECTION B. The City reserves the right to review the insurance requirements of this
section during the effective period of the contract and to require adjustment of insurance
coverages and their limits when deemed necessary and prudent by the City based upon
changes in statutory law, court decisions, or the claims history of the industry as well as
the Engineer.
SECTION C. Subject to the Engineer's right to maintain reasonable deductibles in such
amounts as are approved by the City, the Engineer shall obtain and maintain in full force
and effect for the duration of this contract, and any extension hereof, at Engineer's sole
expense, insurance coverage written by companies approved by the State of Texas and
acceptable to the City, in the following type(s) and amount(s):
Worker's Compensation - The 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 Contract and shall comply with all
provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said
coverage. Any termination of worker's compensation insurance coverage by Engineer or
any cancellation or non -renewal of worker's compensation insurance coverage for the
Engineer shall be a material 'breach of this Contract. The Engineer may maintain
Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In
either event, the policy must be endorsed to include a wavier of subrogation in favor of
the CITY OF LUBBOCK.
Employer's Liability with limits of at least $500,000 each accident, $500,000 by disease
policy limit, and $500,000 by disease each employee shall also be obtained and
maintained throughout the term of this Lease.
Commercial General (public) Liability - Engineer's insurance shall contain broad form
contractual Iiability with a limit of $500,000 in the aggregate and shall include the
following:
Products and completed operations
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Personal Injury and Advertising Injury
Contractual Liability
Fire Legal Liability
Professional Errors and Omissions
Professional Liability -- Engineer's insurance shall contain a limit of $1,000,000 per
occurrence and in the aggregate.
Automotive Liability — Engineer's insurance shall contain a combined single limit of at
least $100,000 per occurrence, and include coverage for, but not limited to the following;
Any and all vehicles owned, used or hired
ADDITIONAL POLICY ENDORSEMENTS
Engineer agrees to waive its right of recovery against the City of Lubbock for all claims
and suits against the City of Lubbock, which are or may be covered by the above-
described insurance coverages, with the exception of Professional Liability. In addition,
its insurers, with the exception of Professional Liability through policy endorsement,
waive their right of subrogation against the City of Lubbock for all claims and suits. The
certificate of insurance must reflect waiver of subrogation endorsement. Engineer further
waives its right of recovery, and its insurers also waive their right of subrogation against
the City of Lubbock for loss of its owned or leased property under its care, custody, or
control. Engineer's General Liability insurance policy through policy endorsement must
include wording, which states that the policy shall be primary and non-contributing with
respect to any insurance carried by the City of Lubbock. The certificate of insurance
must reflect that the above wording is included in evidenced policies. All policies
required above (excluding Workers' Compensation and Professional Liability) shall
include a severability of interest endorsement and shall name the City as a primary
additional insured with respect to work performed under this agreement. Severability of
interest naming the City of Lubbock, as primary additional insured shall be indicated on
the certificate of insurance.
The City shall be entitled, upon request, and without expense, to review copies of the
policies and all endorsements thereto in the offices of Engineer in Kansas City during
normal working hours.
REQUIRED PROVISIONS
The Engineer agrees that with respect to the above required insurance, all insurance
contracts and certificate(s) of insurance will contain and state, in writing, on the
certificate or its attachment, the following required provisions:
Name the City of Lubbock and its officers, employees, and elected representatives as
additional insureds, (as the interest of each insured may appear) as to all applicable
coverage;
Provide for 30 days notice to the City for cancellation, non -renewal,;
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The Engineer agrees to waive subrogation against the City of Lubbock, its officers,
employees, and elected representatives for injuries, including death, property damage, or
any other loss to the extent same may be covered by the proceeds of insurance;
Provide that all provisions of this contract concerning liability, duty, and standard of care
together with the indemnification provision, shall be underwritten by contractual liability
coverage sufficient to include such obligations within applicable policies.
All copies of the Certificates of Insurance shall reference the project name for which the
insurance is being supplied.
NOTICES
The Engineer shall notify the City in the event of any change in coverage and shall give
such notices not less than 30 days prior the change, which notice must be accompanied
by a replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Victor Milman - Purchasing Manager
City of Lubbock
1625 13th Street, Room 204
Lubbock, Texas 79401
SEC"T"ION D. Approval, disapproval, or failure to act by the City regarding any
insurance supplied by the Engineer shall not relieve the Engineer of full responsibility or
liability for damages and accidents as set forth in the contract documents. Neither shall
the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the
Engineer from liability.
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