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R2017-098 2017-05-22
RESOLUTION NO. R2017-98 A Resolution of the City Council of the City of Pearland, Texas, authorizing a construction management contract with AG/CM Inc., in the amount not to exceed $229,570.00, for the Linwood/Orange Street Construction Project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for construction management services associated with the Linwood/Orange Street Construction Project, a copy of which is attached hereto as Exhibit"A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for construction management services associated with the Linwood/Orange Street Construction Project. PASSED, APPROVED and ADOPTED this the 22nd day of May, A.D., 2017. TOM REID MAYOR ATTEST: U '', ' Y•G G LO( ING, T' � . j 11:r. 'WY SEC' TARY % •• APPROVED AS TO FORM: '''''�'""'I"`,``,`� iCaA rl�i etiaA, '�i DARRIN M. COKER CITY ATTORNEY 1 II Resolution No. R2017-98 Exhibit "A" CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY")and AGCM Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform Construction Management and Inspection Services for a project known and described as Linwood Subdivision Street & Drainage, Orange Street Reconstruction, and Old Alvin Road Widening ("PROJECT"). (Project # DR1601, TR1703, &T20002) SECTION I-SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall perform Construction Management and Construction Services. See Exhibit A, attached, for a detailed SCOPE OF WORK. The PROJECT schedule shall conform to the construction schedule. B. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. C. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. D. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. Design 1 of 6 D3.Revised 1/14 (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and$1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. E. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. F. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. Design 2 of 6 D3.Revised 1/14 d SECTION II-PERIOD OF SERVICE This CONTRACT will be binding upon execution and end upon completion of the construction related work not to exceed 18 months after execution of this contract. SECTION III-CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1. Basic Services(Lump Sum) 2. Additional Services shall require independent and specific authorization and shall be billed as(Lump Sum): 3. Bid Phase Services(Hourly Not to Exceed) 4. Construction Phase Services(Hourly Not to Exceed) $229.570.00 5. Reimbursable Expenses(Not to Exceed) 6. Total: $229,570.00 C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or Design 3 of 6 D3.Revised 1/14 J its sub-consultant(s) or in any way affect the CONSULTANT's status as an independent contractor of the CITY. SECTION V-TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -- with or without cause --by delivering written notice to CONSULTANT personally or by certified mail at 9950 Westpark Drive, Suite 300, Houston, TX 77063. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty(60)days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. Design 4 of 6 D3.Revised 1/14 4 F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI—ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. Design 5 of 6 D3.Revised 1/14 SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. r 5—gt?-1 () CITY OF PEARLAND, TEXAS DATE L &. &./AA,r -/�' 1 -,208 �' ONSULTANT DATE Design 6 of6 D3.Revised 1/14 ___.......4110 AGCMINC-01 CJOHNSON ACORO DATE(MMIDD/YYYY) 4.1...----- CERTIFICATE OF LIABILITY INSURANCE 05/12/2017 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(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NANTACT Ames 8 Gough (A/C, Ext):(617)328-6555 FAX 617 328-6888 859 Willard Street I(A/C.No):( ) Suite 320 7,- ss:boston @amesgough.com Quincy,MA 02169 INSURER(S)AFFORDING COVERAGE NAIC N INSURER A:Continental Casualty Company(CNA)A,XV 20443 INSURED INSURER B: AG/CM,Inc. INSURERC: 1101 Ocean Drive INSURER D: Corpus Christi,TX 78404 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LI_ TYPE OF INSURANCE INSD WVD POLICY NUMBER IMMIDDIYYYY) IMM/DQD2CCq LIMITS COMMERCIAL GENERAL UABILITY EACH OCCURRENCE .j__ CLAIMS-MADE [—I OCCUR PREMISESO(Eaoccurrence) $ MED EXP(Anyone person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ IPOLICY j LOC PRODUCTS-COMP/OP AGG OTHER: $ AUTOMOBILE COMBINED SINGLE LIMIT UTOMOBILE LIABILITY _(Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED _ AUTOS ONLY 7 AUTOS BODILY pBOODILY INJURY(Per accident) $ AUTOS ONLY �AUUTOS ONLY Ire,accciid�l)A GE $ — $ UMBRELLA LIAB ^ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ _ DED I RETENTION$ $ WORKERS COMPENSATION R OT AND EMPLOYERS'LIABILITY YIN I STATUTE ERA ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA ' (Mandatory in NH) E.L DISEASE-EA EMPLOYEE$ If yes describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Prof Liability MCH591883359 01/14/2017 01/14/2018 Per Claim Limit 2,000,000 A MCH591883359 1 01/14/2017 01/14/2018 Aggregate Limit 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) All Coverages are in accordance with the policy terms and conditions. RE: Linwood Area Drainage Project CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Pearland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Skipper Jones,Assistant Director of Capital Projects 3519 Liberty Drive - Pearland,TX 77581 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ------"411 AGCMI-1 OP ID: CS ACORO DATE(MMIDDIYYYY) ��. CERTIFICATE OF LIABILITY INSURANCE 05/12/2017 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Borden Insurance Borden Insurance NAME: __PHOE P.O.Box 1066 (A/C,N No.Ext):361-882-6543 i(A/c,No):361-6542008 Corpus Christi,TX 78403-1066 E-MAIL mail@bordenins.com Allen Borden,CIC,CPCU ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC p _ _ INSURER A:Republic Lloyds INSURED AGCM,Inc. - INSURER B:Southern Insurance Company Gail&Derwood Anderson, Indiv _ INSURERC:Texas Mutual Insurance Co. 22945 P. O. Box 2682 Corpus Christi, TX 78412 INSURERD: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MMIDD/YYYY) (MMIDDIWYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ■ I CLAIMS-MADE X OCCUR CMP563902708 08/18/2016 08/18/2017 pREM SES(Ea occurr�E ence) i$ 100,000 ■ MED EXP(My one person) $ 5,000 ■ PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 2,000,000 POLICY JEa X LOC PRODUCTS-COMP/OP AGG $ 1,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) B ANY AUTO CMP563902708 08/18/2016 08/18/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $AUTOS , 1 X HIRED SAUTOS X NON-OWNED Peo1ERdenj�dE $ I None Owne $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAR CLAIMS-MADE UMB563902808 08/18/2016 08/18/2017 AGGREGATE $ 5,000,000 DED X I RETENTION$ 10,000 $ 1,WORKERS COMPENSATION X STATUTE ETH AND EMPLOYERS'LIABILITY C ANY PROPRIETOR/PARTNER/EXECUTIVE Y© 0001113650 02/08/2017 02/08/2018 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N 1 A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 H es.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Valuable Papers 'CMP563902708 08/18/2016 08/18/2017 Val Paper 25,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: Linwood Subdivision Street&Drainage, Orange Street Reconstruction, and Old Alvin Road Widening; Project#DR1601,TR1703,&T20002 SEE ATTACHED CERTIFICATE HOLDER CANCELLATION CITY-PE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Pearland ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Skipper Jones,Asst Director of Capital Projects AUTHORIZED REPRESENTATIVE 3519 Liberty Drive Pearland,TX 77581 /'v 1 • executive Vice P esudent ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE CITY-PE AGCMI-1 PAGE 2 INSURED'S NAME AGCM, Inc. OP ID: CS Date 05/12/2017 GENERAL LIABILITY, AUTO LIABILITY, UMBRELLA LIABILITY include the following as required by written contract: Blanket Additional Insured Blanket Waiver of Subrogation Blanket 30 Day Notice of Cancellation, except 10 days for Non Payment of premium UMBRELLA is follow form. WORKERS COMPENSATION includes the following as required by written contract: Blanket Waiver of Subrogation 30 Day Notice of Cancellation, except 10 days for Non Payment of premium rY1 + POLICY NUMBER:CMP 5639027 08 COMMERCIAL GENERAL LIABILITY CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: * SEE BELOW 2. Address: 3. Number of days advance notice: 30 ** Information required to complete this Schedule, if not shown above,will be shown in the Declarations. * ANY CERTIFICATE HOLDER WHO IS REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSUJRED TO BE ADDED AS AN ADDITIONAL INSURED TO THE NAMED INSURED'S GENERAL LIABILITY CERTIFICATES ARE ON PILE WITH YOUR AGENT. ** EXCEPT 10 DAYS IN THE EVENT OF CANCELLATION FOR NON PAYMENT OF PREMIUM CG 02 05 12 04 ©ISO Properties, Inc., 2003 Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY CG R029 08 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. REPUBLIC PLUS+ GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. SECTION I-COVERAGES temporarily occupied by you with the permission of the owner. A separate 1. COVERAGE A-BODILY INJURY AND limit of insurance applies to this PROPERTY DAMAGE LIABILITY coverage as described in SECTION a. Exclusions III—LIMITS OF INSURANCE. 1. Exclusion 2.a. Expected Or Intended b. Paragraph 6. of SECTION III — LIM- ITS OF INSURANCE is deleted in Injury is deleted in its entirety and re- its entirety and replaced by: placed by: a. Expected Or Intended Injury 6. Subject to Paragraph S. above, the Damage To Premises Rented "Bodily injury" or "property damage" To You Limit is the most we will expected or intended from the pay under Coverage A for dam- standpoint of the Insured. This ex- ages because of"property dam- clusion does not apply to "bodily in- age°to any one premises,while jury" or "property damage" resulting rented to you or temporarily oc- from the use of reasonable force to cupied by you with permission of protect persons or property. the owner, arising out of damage 2. Exclusion 2.g.Aircraft,Auto Or Wa- by fire, lightning, explosion or tercraft, (2)is deleted in its entirety and "sprinkler leakage". replaced by: c. Subject to all the terms of SECTION (2)A watercraft you do not own that is: III—LIMITS OF INSURANCE,the Damage To Premises Rented To (a) Less than 51 feet long; and You Limit is the greater of: (b) Not being used to carry persons (i). $300,000; or or property for a charge; (ii). The amount shown in the 3. Fire, Lightning, Explosion and Sprin- Declarations for Damage To kler Leakage Premises Rented To You If Damage To Premises Rented To Limit You is not excluded under the policy d. Paragraph 4.b.(1)(ii) of SECTION the following applies: IV—COMMERCIAL GENERAL LI- a. The last subparagraph of paragraph ABILITY CONDITIONS is deleted in 2. Exclusions of SECTION I — its entirety and replaced by: COVERAGES, COVERAGE A (ii)That is Fire, Lightning, Explo- BODILY INJURY AND PROPERTY sion, "Sprinkler Leakage"or DAMAGE is deleted in its entirety any similar insurance cover- and replaced by: age for premises rented to Exclusions c. through n. do not ap you or temporarily occupied ply to damage by fire, lightning, ex- by you with permission of the plosion or "sprinkler leakage" to owner; premises while rented to you or CG R029 08 14 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 6 with its permission 2. COVERAGE C-MEDICAL PAYMENTS (5) Locations; or Insuring Agreement (6) Construction projects. a. Paragraph 1.a.(3)(b), is deleted in its entire-b.Subject to B.1.a.above: ty and replaced by: (1) The General Aggregate Limit shown (b)The expenses are incurred and reported in the Declarations applies sepa- to us within two years of the date of the rately to each "location" or con accident; and struction project. b.This provision does not apply when (2) Any payments made under SEC- SECTION I -COVERAGE C. MEDICAL TION l-COVERAGES, COVER- PAYMENTS is otherwise excluded from AGE A-BODILY INJURY AND this Coverage Part. PROPERTY DAMAGE for damages or under SECTION I- 3.SUPPLEMENTARY PAYMENTS-COVERAGES COVERAGES, COVERAGE C- A AND B MEDICAL PAYMENTS for medical Paragraph 1.b. is deleted in its entirety and expenses shall reduce the General replaced by: Aggregate Limit for that"location" or construction project. Such payments b. Up to $2,500 for cost of bail bonds shall not reduce the General Aggre- required because of accidents or traffic gate Limit for any other"location"or law violations arising out of the use of construction project. any vehicle to which the Bodily Injury Liability Coverage applies. We do not (3) The limits shown in the Declarations have to furnish these bonds. for Each Occurrence, Damage To Premises Rented To You and Medi- B.AGGREGATE PER LOCATION cal Expense continue to apply to each "location" or construction pro- This Coverage Extension does not apply if CG 25 ject, subject to the General Aggre- 03 DESIGNATED CONSTRUCTION PRO- gate Limit. JECT(S) GENERAL AGGREGATE LIMIT or CG 2. For all sums which the insured becomes 26 04 DESIGNATED LOCATION(S) GENERAL legally obligated to pay as damages caused AGGREGATE LIMIT are attached to this policy, by"occurrences"under SECTION I-COV- The limits shown in the Declarations for Each ERAGES, COVERAGE A-BODILY INJURY Occurrence, Damage To Premises Rented To AND PROPERTY DAMAGE LIABILITY, You, Medical Expense and General Aggregate and for all medical expenses caused by apply per"location"or construction project. accidents under SECTION I-COVERAGES, 1. For all sums which the insured becomes COVERAGE C-MEDICAL PAYMENTS, legally obligated to pay as damages caused which cannot be attributed only to a "Ioca- by"occurrences° under SECTION I- tlon"or ongoing operations at a single con- COVERAGES, COVERAGE A BODILY struction project, any payments made under INJURY AND PROPERTY DAMAGE, and COVERAGE A for damages or under COV- for all medical expenses caused by ERAGE C for medical expenses shall accidents under SECTION I-COVERAGES, reduce the amount available under the COVERAGE C-MEDICAL PAYMENTS , General Aggregate Limit or the Products- which can be attributed only to ongoing Completed Operations Aggregate Limit, operations at a "location"or single construc- whichever is applicable. This reduction is tion project: not applicable to any identifiable"location' a.The most we will pay will be capped at or identifiable construction project. $5,000,000, regardless of the number of: 3.When coverage for liability arising out of the "products-completed operations hazard" is (1)"Occurrences"; provided, any payments for damages be- (2) Insureds; cause of"bodily injury"or"property damage" (3)Claims made or"suits"brought; included in the"products-completed opera- tions hazard"will reduce the Products- (4) Persons or organizations making Completed Operations Aggregate Limit, and claims or bringing"suits"; not reduce the General Aggregate Limit. Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., CG R029 08 14 with its permission 4. If a construction project has been aban- liability arising out of: doned, delayed, or abandoned and then re- (a) Their financial control of the Named started, or if the authorized contracting par- Insured;or ties deviate from plans, blueprints,designs, specifications or timetables,the project will (b) Premises they own, maintain or still be deemed to be the same construction control while the Named Insured project. leases or occupies these premises. This insurance does not apply to structural C. SECTION II-WHO IS AN INSURED alterations, new construction or demolition 1. Newly Acquired Or Formed Organization operations performed by or for such addi tional insured. Paragraph 3.a. is deleted in its entirety and re- However placed by: a.Coverage under this provision is afforded (a)The insurance afforded to such addi- tional until the 180th day after you acquire insured only applies to the extent form the organization or the end of the extent permitted by law; policy period,whichever is earlie and r, (b) If coverage provided to the addi- 2.Additional Insureds tional insured is required by a Ion- a.Owners, Managers, Contractors And tract or agreement, the insurance Lessors Of Equipment afforded to such additional insured will not be broader than that which Who Is An Insured Is amended to Include you are required by the contract or as an additional insured any person or or- agreement to provide for such addi- ganization, other than a controlling interest tional insured. or vendors, you are required by written agreement or written contract or permit to c.Vendors include as an additional insured, but only (1)Who Is An Insured is amended to with respect to liability for "bodily injury", include as an additional insured any per- "property damage" or"personal and adver- son or organization (referred to below as tising injury"caused, in whole or in part, by: vendor)with whom you agreed under a (1)Your ads or omissions in the perfor- written contract or written agreement to mance of your ongoing operations for provide insurance, but only with respect the additional insured; or to"bodily injury"or"property damage" arising out of"your products"which are (2)The acts or omissions of those acting distributed or sold in the regular course on your behalf in the performance of of the vendor's business. your ongoing operations for the addi- tional insured; or However: (a)The insurance afforded to such (3) Maintenance or use of equipment vendor only applies to the extent leased or rented from such additional in- permitted by law; and sured(s); or (4) Maintenance or use of that part of any (b) If coverage provided to the ( ) P y vendor is required by a contract premises leased or rented to you;or or agreement,the insurance (5) Maintenance or use of that part of any afforded to such vendor will not premises owned by you; or be broader than that which you (6) Maintenance or use of any premises are required by the contract or owned by you but leased or rented to agreement to provide to such others. vendor. b. Controlling Interest (2)With respect to the insurance afforded to these vendors, the following addi- (1)Who Is An Insured is amended to tional exclusions apply: include as an additional insured any The insurance afforded the vendor does person(s) or organization(s)with a not apply to: controlling interest in the Named Insured, but only with respect to their (a)"Bodily injury" or"property damage" CG R029 08 14 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 6 with its permission for which the vendor is obligated to (i) Any person or organization from pay damages by reason of the as- whom you have acquired any prod- sumption of liability in a contract or ucts, including any ingredient, part or agreement. This exclusion does not container entering into, accompany- apply to liability for damages that ing or containing"your products". the vendor would have in the ab- sence of the contract or agreement; 3. Exclusions applicable to all Additional In- sureds: (b)Any express warranty unauthorized by you; a. This insurance does not apply to"bodily injury", "property damage" or"personal and (c)Any physical or chemical change in advertising injury"arising out of the render- the product made intentionally by ing of or the failure to render any profess- the vendor; sional services by you or on your behalf but (d) Repackaging, except when only with respect to any of the following unpacked solely for the purpose of operations: inspection, demonstration,testing or the substitution of parts under (1)The preparing, providing,approving, or instruction from the manufacturer, failing to prepare, provide or approve, and then repackaged in the maps, shop drawings, opinions, reports, original container; surveys, field orders, change orders or (e) Any failure to make such inspection, drawings and specifications; or adjustments,tests or servicing as (2) Providing, or hiring independent profes- the vendor has agreed to make or sionals to provide, engineering, archi- normally undertakes to make in the tectural or surveying services in con- usual course of business in connec- nection with construction work you tion with the distribution of the perform. products; (3) Supervisory, inspection, architectural or (f) Demonstration, installation, servic- engineering activities. ing or repair operations, except such Professional services do not include ser- operations performed at the vices within construction means, methods, vendor's premises in connection with techniques, sequences and procedures the sale of the product; or employed by you in connection with your (g) Products which, after distribution or operations in your capacity as a construct sale by you, have been labeled or tion contractor. relabeled or used as a container, b.This insurance does not apply to"bodily part or ingredient of any other thing injury", "property damage" or"personal and or substance by or for the vendor; or advertising injury" not caused, in whole or (h) "Bodily injury" or"property damage" in part, by you or by those acting on your arising out of the sole negligence of behalf. the vendor for its own acts or omis- c.This endorsement does not apply to any rail- sions or those of its employees or road named as an additional insured anyone else acting on its behalf. whether by agreement, contract or permit. However,this exclusion does not d.This insurance does not apply to"bodily apply to: injury or"property damage"occurring after (i).The exceptions contained in sub- leased or rented equipment is retumed to paragraphs 2.c.(2)(d)or the lessor. 2.c.(2)(f)of this Coverage Ex- e.This insurance does not apply to "bodily tension; or injury"or"property damage"occurring after: (ii). Such inspections, adjustments, (1)All work, including materials, parts or tests or servicing as the vendor equipment furnished in connection with has agreed to make or normally such work, on the project(other than undertakes to make in the usual course of business, in connec- service, maintenance or repairs)to be tion with the distribution or sale performed by or on behalf of the addi- of the products. tional insured(s) has been completed; or (2)That portion of"your work"out of which Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., CG R029 08 14 with its permission the injury or damage arises has been should include: put to its intended use by any person or (1) How, when and where the"occur- organization other than another contract rence"or offense took place; tor or subcontractor engaged in per- forming operations for a principal as a (2)The names and addresses of any part of the same project. injured persons and witnesses; and f.This insurance does not apply to any"occur- (3)The nature and location of any inju- rence"which takes place after you cease to ry or damage arising out of the"oo- be a tenant in any premises for which any- currence"or offense. one has been included as an additional in- 2. Representations sured. g.This insurance does not apply to structural The following is added to paragraph 6. Repre- alterations, new construction or demolition sentations: operations performed by or on behalf of the If you should unintentionally fail to disclose additional insured at any premises in which all existing hazards at the inception date of you are a tenant, unless you are performing this policy,we will not deny coverage under such operations and are required by written this policy solely because of such failure. contract or agreement to include the premis- This provision does not affect our right to es'owner or manager as an additional in- collect additional premium or to exercise our sured. right of cancellation or non-renewal. h.This insurance does not apply to"bodily injury" or"property damage"arising out of 3. Transfer Of Rights Of Recovery Against the"products—completed operations Others To Us (Waiver of Subrogation) hazard". The following is added to this clause: This exclusion does not apply to "bodily inju- If a written agreement, written contract or per- ry" or"property damage° arising out of"your mit requires that you waive any right of recov- products"which are distributed or sold in the e against regular course of the vendor's business, as ry g any person or organization we also waive any right of recovery we may have provided under subparagraph c. Vendors of against that person or organization because of paragraph 2.Additional Insureds. payments we make for injury or damage aris- i. "Bodily injury"or"property damage"occur- ing out of"your work°for that person or organi- ring before the signing of the contract or zation. agreement,or the issuance of the permit, requiring the person or organization to be 4.The following are added to SECTION IV- added as an additional insured. COMMERCIAL GENERAL LIABILITY D.SECTION IV- COMMERCIAL GENERAL LIABIL- CONDITIONS: ITY CONDITIONS a. Primary Insurance—Non Contributing 1. Duties In The Event Of Occurrence,Offense, When required in writing by an agreement, Claim Or Suit contract or permit with any additional in- sured, the insurance afforded to such addi- Paragraph 2.a. Duties In The Event Of tional insured is primary. Other insurance Occurrence,Offense, Claim Or Suit is listing such additional insured as a named deleted in its entirety and replaced by: insured in the declarations will apply as ex- a.You must see to it that we are notified cess and not contribute as primary to the as soon as practicable of an"occur- insurance afforded by this endorsement. rence"or an offense which may result in b.Any agreement, contract, lease or permit a claim. requiring: Knowledge of an"occurrence"or an (1)You to include any person or organiza- offense by your"employees"shall not, in tion as an additional insured; or itself, constitute knowledge to you unless you, your partners, "executive officers", (2)You to waive your rights of recovery directors, insurance manager or risk against any person or organization; or manager shall have actually received (3)That this insurance be primary; notice.To the extent possible, notice CG R029 08 14 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 6 with its permission must be signed prior to an "occurrence" or offense. 5. The following Condition is added: Liberalization If we revise this Coverage Part to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revi- sion is effective in your state. E.SECTION V—DEFINITIONS 1. Paragraph 9.a.°Insured contract"is deleted in its entirety and replaced by: a.A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or"sprinkler leakage"to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2.The following definitions are added: a. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway,waterway or right-of-way of a rail- road. b. "Sprinkler Leakage" means the accidental leakage or discharge of any fire extinguish- ing or fire suppression substance from an automatic sprinkler system or other auto- matic fire extinguishing system or automatic fire suppression system. It does not include the discharge of any automatic sprinkler or automatic fire extinguishing system or fire suppression system that discharges in response to a fire. Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., CG R029 08 14 with its permission Texasm jar Ut Insurance Company WORKERS'COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured Copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A.of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations 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 clause"need be completed only when this endorsement Is Issued subsequent to preparation of the policy.) This endorsement,effective on 02/08/2017 at 12:01 a.m.standard time,forms a part of: Policy No.0001113650 of Texas Mutual Insurance Company effective on 02/08/2017 Issued to: AGCM INC r41 Premium: $2,194.00 Authorized Representative NCCI Carrier Code:29939 01/17/2017 PO Box 12058,Austin,TX 78711-2058 1 of 1 (800)859-5995 I Fax(800)359-0650 I texasmutual.com WC 42 03 04 B TeXaSMUtU ® WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND WC 99 03 01 EMPLOYERS LIABILITY POLICY Agent Copy GENERAL CHANGE ENDORSEMENT The policy to which this endorsement is attached is amended as shown below: Added WC420601 (TX Material Change Endorsement)in favor of: City of Pearland Premium determined at final audit. 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 clause"need be completed only when this endorsement is Issued subsequent to preparation of the policy.) This endorsement,effective on 04113/2017 at 12:01 a.m.standard time,forms a part of: Policy No.0001113650 of Texas Mutual Insurance Company effective on 02/08/2017 Endorsement No. 0002 Issued to: AGCM INC ,''J t n d-73j1— Premium: $0.00 Authorized Representative NCCI Carrier Code:29939 04/1912017 PO Box 12058,Austin,TX 78711-2058 1 of 1 (800)859-5995 I Fax(800)359-0650 I texasmutuai.com WC 99 03 01 TexasMt ®u WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Agent Copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A.of the Information Page. In the event of cancellation or other material change of the policy,we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: City of Pearland Attn: Skipper Jones Asst. Director of Capital Projects 3519 Liberty Drive Pearland, TX 77581 This endorsement changes the policy to which It Is attached effective cn the inception date of the policy unless a different date Is indicated below. (The following"attaching clause"need be completed only when this endorsement Is issued subsequent to preparation of the policy.) This endorsement,effective on 04/13/2017 at 12:01 a.m.standard time,forms a part of: Policy No.0001113650 of Texas Mutual Insurance Company effective on i 5-12-17 Endorsement No. 002 Issued to: AGCM INC /14je Premium: $0.00 Authorized Representative NCCI Carrier Code:29939 0411912017 PO Box 12058,Austin,TX 78711-2058 1 of 1 (800)859-5995 I Fax(800)359-0650 I texasmutual.com WC 42 06 01 HOUSTON 9950 Westpark Drive AG Suite 300 Houston,TX 77063 1�,�_ Ofc 713/316-4506 www.agcm.com January 30,2017 Skipper Jones Assistant Director of Capital Projects City of Pearland 3519 Liberty Drive Pearland,TX 77581 Re: Linwood Area Drainage Project Dear Skipper: AG I CM, Inc. is pleased to have the opportunity to propose Construction Management Services for the Linwood Area Drainage Project. We will provide the personnel to perform the scope of services outlined in the following: A—Scope of services(attached) B—Man-hour Summary and Schedule(attached) C—Proposed Fee and assumed duration: Proposed period is June 1, 2017 to November 30, 2018(estimated 18 months, includes 1 month of close out) Construction Manager time commitment estimate below: Man Hours(Estimated) 2017 2018 Total Weekly 26/Wk 29/Wk 27.5 Yearly 702/Yr 1,385/Yr 2,087 Total Proposed Fee is based on estimated hours per week,for a "Not to Exceed" amount of$229,570.00 at a hourly rate of$110. If additional time requested,the below are proposed rates(based on 8-hour day): Hourly: $110.00 Overtime:$135.00 Daily: $880.00 Weekly:$4,400.00 Monthly:$19,052.00 We greatly appreciate the opportunity to propose professional CM Services for the City of Pearland. Sincerely, ii4,84sw Marty Schmitt,CCM VP Regional Manager AG I CM, Inc. AGICM, Inc. City of Pearland Proposal for Linwood Area Drainage Project Year Year Year Year Total Title/Position/Item 2017 2018 2019 2020 PERSONNEL 0 Project Executive $0 $0 $0 $0 $0 0 Sr.Project Advisor,PE $0 $0 $0 $0 $0 0 Sr.Project Manager,PE $0 $0 $0 $0 $0 0 Program Manager $0 $0 $0 $0 $0 0 Sr.Construction Manager $0 $0 $0 $0 $0 0 Project Manager $0 $0 $0 $0 $0 0 Construction Manager $77,220 $152,350 $0 $0 $229,570 0 Assistant Construction Manager $0 $0 $0 $0 $0 0 Safety Manager(OSHA 30 cert) $0 $0 $0 $0 $0 0 Project Scheduler $0 $0 $0 $0 $0 0 Scheduler II $0 $0 $0 $0 $0 0 Sr.Quality Assurance/Inspector $0 $0 $0 $0 $0 0 Quality Assurance/Inspector $0 $0 $0 $0 $0 0 Constructability Reviewer $0 $0 $0 $0 $0 0 MEP Consultant $0 $0 $0 $0 _ $0 0 Chief Estimator $0 $0 $0 $0 $0 0 Senior Estimator $0 $0 $0 $0 $0 0 Estimator Ill $0 $0 $0 $0 $0 0 Estimator II $0 $0 $0 $0 $0 0 Estimator I $0 $0 $0 $0 $0 0 Administrative Assistant $0 $0 $0 $0 $0 0 CM Intern $0 $0 $0 $0 $0 0 Chief Executive Officer $0 $0 $0 $0, $0 Manhour Subtotal $77,220 $152,350 $0 $01 $229,570 I $0 Exhibit B Exhibit B -MH Estimate - PFH#2 1/29/2017 AGICM, Inc. City of Pearland Proposal for Linwood Area Drainage Project Year Year Year Year Total Title/Position/Item _ 2017 _ 2018 2019 2020 PROJECT SPECIFIC All included Above $0 $0 $0 $0 $0 $0 $0 $0I $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0. $01 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 GENERAL CONDITIONS All included Above ,$0 $0 $0 $0 $0 $0 $01 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $01 $0 $0 $0 Project Specific&General Subtotal $0 $0; $0 $0( $0 Yearly Estimate Totals $77,220 $152,350 $01 $0 $229,570 Total Manhours 0 Project Total (I $229,570 Avg Bill Rate $110.00 Staff Legend Exhibit B Exhibit B-MH Estimate -PFH#2 1/29/2017 9 EIREBREEMEI 0: Tae:post. m110®® _ !c_ 0®®®© E:nmZLI®mCUCILCAIIUurdIEJ®®®c:VLLUI atI:70CALICILICELIILMtLJL-IL_iLilEZRIZEICE®EOLLIMIEui T'Qa sva aw. E o El ' 111.1.111101 ME 1111111 ■iilinliiiilas ISn ----.-i®v 1.n. ...m�---- ------ - ---®----- -��-=�- om.n5<nw« _ �■--- ---- ® :■■■i1::■ YGiiiGiYl ■■®■swan«u conowe.i17a.vw« ---- ----I tlCa --Enemata,II EMnMO 1 EANIMBE MMMMEll IEEE ---- INIMME MIIMI .m. 111106.ial IIMIIMMIIMNIIIIIIIIIIIIIIIIIIN ---- ---- ---- !----- -___-_a- ExhibM1 B Yw 1 11262017 Coy of Pearland Proposal la Linwood Area Drainer Procr 003i 1010 2018 Mow Jarman/ I F.MUry I Nardi atlas at/pi I May v"I Jun at July I m I sso>emGw %I1 Ccf000r �� nom Dammam TOIMPos13wn .m l,mlt.nl,s< as lass' ,.la,alanal m( asl s amfam ssIs,awml eslaselorlesal ,sl,.,l,,21,,13 seIaw nel m a:Ia,Ia,31..2.,1a o,Fo,.pao,[ .,1,,,.(..`”1-31,4s1,2ap:,so1,274,xs2 Project EaeaM o Sr Pegeel Mesa PE • Sr.Proleel Manager.PE 1 _- _ __.___ _ Program Men.9.r _ Sr.Consbudron Manage ----_- — _ protect Manner ' . Con Menapar 1.3136 30 30 30 30 30 30 00 30 30 30 30 30 30 30 30 30 30 30 3o 30 3 3 30 30 30 3 0 36 36 36 30 3 0 30 30 30 30 3 0 30 30 3 0 3 0 3 0 30 30 30 26 20_20.20 10 - Assistant Cans0MC0onManepr _ Safety Manager(OSHA 30 Dan) ,.. _ _ _ .• Propel Scheduler ScMdi/er II • Sr.Quarry ASawae,Wlnlpda I QWty Assvane.nnspector _ ConsbuelablAy N.•awer } MEP Consultant - " ChM Esmabr 1.. A Senior Estimator ( _3 I - Es6mata la _'% I Esemsta u . Esamata I AdmniMraaw Assistant CM Ohm - __—_ ChM Executive COS.! Es6me306 Subtotal _30 JO 3D 30 30 00 00. 80 JO 30 30 30 30. 90 00 00 90 30 30 30 30 00 30 DO 00 30 30 30 30 30 00 00 00 00 30 00 00 30. 00 30 30 30 30 26 20 20 20 10 0 0: 0, 0 Exhibit 8 Yea,2 1,292017 EXHIBIT A P14 ) 1 R -) 1 ' 1v11 S t EST, 1 8`) CONSTRUCTION MANAGEMENT SCOPE OF SERVICES FOR LINWOOD AREA DRAINAGE PROJECT Design I of 10 D5.Revised 01/12 BASIC SERVICES: Construction Manager(s) shall render the following professional services to the OWNER in connection with the construction of the Project. 1. Pre-Construction (on specific projects, as requested by the City/Owner) 1.1.Provide constructability review of plans, specifications, contract documents and validity of Engineer of Record's project duration. Identify construction issues, conflicts, deficiencies, review the adequacy and accuracy of the design and independent verification of quantities. 1.2.Attend Pre-Bid Meeting; provide feedback to City's Project Manager as necessary, such as: tracking and recording questions for the Engineer's written response, clarifying the Owner's expectations for the project and the project execution. 1.3.Chair Pre-Construction Meeting 1.3.1. Schedule and conduct the pre-construction meeting; record and disseminate minutes from pre-construction meeting. 1.3.2. Utilize the City's Pro-Trak system: set communications protocol and contract administration procedures, establish progress meeting schedule and submittal schedule. 1.3.3. Provide agenda for meeting: Key milestone dates, pay application procedures, schedule, public notification issues and procedures, utility coordination issues, traffic control, permitting, property owner notification and coordination, temporary facilities, contractor's use of City's Pro-Trak system, etc. Design 2 of 10 D5.Revised 01/12 2. Construction Administration and Management Services 2.1.Act as the City's on-site representative administering the contract for construction and providing overall project oversight, maintain record of decisions and changes made. 2.2.Meetings: Schedule and conduct construction progress meetings; record minutes from construction progress meetings and distribute via Pro-Trak to: City Project Manager, Design Engineer and contractor throughout the duration of the project. 2.2.1. Schedule meetings every two weeks, minimum, to review the following: work progress and schedule, outstanding issues, status of submittals and responses shop drawings unforeseen issues and changes to the work. 2.2.2. Coordinate additional meetings as necessary to discuss and resolve problems and provide guidance in a timely manner. 2.2.3. Coordinate/monitor the following: utility relocation activities for compliance, utility installation verification, reporting, record management and as-built drawings. 2.2.4. Attend all utility coordination, construction, and scheduling meetings. 2.2.5. Obtain copy of ROW permit and prints from Public Works in order to monitor progress of utility relocation per permit/plan. 2.3.Manage Construction 2.3.1 . All final documentation is required in electronic/digital format, utilizing Pro-Trak as is feasible. 2.3.2. As field problems arise, notify the Design Engineer and City Project Manager of proposed solutions to resolve problems. Review and update as-built documents regularly with contractor. De.i,n 1 of 1() D5. Revised 01/12 2.3.3. Monitor and ensure adherence to approved project baseline schedule. Review contractor's schedule monthly, ensure compliance with City's intended schedule, and provide recommendations as needed to retain and regain schedule if needed. 2.3.4. Recommend alternate project sequencing/scheduling to keep project on schedule. 2.3.5. Prepare monthly summary report of construction activities with outstanding issues outlined for review. Monthly progress information associated with the project will be submitted to the Project Manager for review and approval. 2.3.6. Record weather conditions on jobsite daily. 2.4.Coordinate work of contractor with external agencies and utility companies. Coordinate contractor's operations with regard to other City contracts and construction as well as with property owners for planned service outages, street closures, and access control issues to properties including notifications. 2.4.1. Verify construction conformance and compliance with TCEQ, NOI and NOT. 2.4.2. Verify construction conformance with permitted activities such as: City of Pearland permits, U.S. Army Corps of Engineers permits, TxDOT roadway permits, and any Railroad agreements. 2.4.3. Coordinate and Interface with citizens to resolve questions or concerns, to include holding impromptu front yard meetings to update citizens and make them aware of forthcoming road or lane closures, settle complaints, etc'. 2.5.Maintain records of all decisions, actions and activities with regard to construction operations via the City's Pro-Trak system (i.e. Design 4 of 10 D5. Revised 01/12 Change Orders, RFIs and responses, Submittals and responses, Request for Proposals, correspondence, SWPPP inspections.) 3. Construction Inspection Services 3.1.Provide full time on site technical observation of Contractor's activities to verify and ensure all work materials, structures, including Addenda, and Change Orders. Verify and ensure that 3.1.1. Notify the City Project Manager if Contractor's work is not in compliance with the Contract Documents or specifications. Notify the City Project Manager and Design Engineer of any failure of the Contractor to take measures to repair and bring work in compliance. 3.1.2. Issue Advisory Notices to Contractor for work that is not in compliance with approved construction documents. 3.1.3. Issue Non-Compliance Reports to Contractor if non- conforming work is not brought into compliance or if plan of action to bring work into compliance is not conducted in timely manner. 3.1.4. Inspect and observe the materials and equipment •e.. .• -• -- the City Project Manager regarding these activities. 3.2.Identify record and notify Design Engineer of any problems or failures to meet performance requirements in a timely manner to minimize delay in the progress of the project, make Design 5 of 10 D5.Revised 01/12 recommendation(s) for appropriate solution to the City Project Manager and Design Engineer. 3.3.Prepare and maintain daily progress log or daily construction reports, photographs, records and track quantities installed that day utilizing the City's Pro-Trak system. 3.4.Ensure contractor reviews and approves daily reports and quantities. 3.5.Verify contractor has obtained necessary permits and is maintaining any Traffic Control, public notification and Storm Water Pollution Prevention Plans, facilities, equipment or arrangements in accordance with contract documents. 3.6.Attend and participate in progress meetings. 3.7.Create contacts for your record for: names, addresses, telephone numbers and email of all contractors, subcontractors, sub consultants and major suppliers of material and equipment; store in City's Pro-Trak system. 3.8. Immediately notify the City Project Manager and Design Engineer in the event of an on-site accident. Record and note conditions, activities and witnesses to the event. 3.9.Maintain Resolution Log and respond to citizen complaints in Pro- Trak system. 3.10. Consult with City Project Manager and Design Engineer in advance of scheduled major work operations, tests, inspections or start of important phases of project. 4. Pay Applications 4.1.Pay applications will be generated by the City's Pro-Trak system based on quantities approved in the daily reports. Review and verify quantities provided by contractor for all work in compliance with contract documents. I)C51 L'Il 6 of 10 D5.Revised 01/12 4.1.1. Review work conducted daily on daily inspection reports and material installed measurements submitted by contractor; verify work conducted and bid item quantities via Pro-Trak; meet monthly to review pay estimate and quantities with contractor 4.1.2. Review progress pay application with Design Engineer for approval or revision prior to submittal to City. 4.1 .3. Finalize pay application with signatures from Contractor, Engineer and Construction Manager certifying quantities and amounts via Pro-Trak. 4.1 .4. Notify City Project Manager when all electronic signatures are completed in the Pro-Trak system for invoice processing. 4.1.5. Track and record requests for rain or other delays with potential to add to Contract Time in Daily Reports in Pro-Trak. 4.1.6. Provide an independent quantity forecast bid items to identify potential quantity over-runs as part of pay estimate review. 4.2. Upon completion of the work, prepare a final progress payment including a balancing change order zeroing out all unused quantities utilizing Pro-Trak. Identify and add additional quantities and make any approved changes to the Contract Time. 4.2.1. Review and coordinate with Design Engineer to provide Engineer's recommendation for Substantial Completion or Final Acceptance. (See Close-out Section) 5. Document Control 5.1 .Utilize the City's Pro-Trak system to: receive, route, track and log all Contractor communications, Submittals, Change Orders, RFIs, Design 7 of I0 D5. Revised 01/12 Pay Applications and Citizen Complaint/Resolution Log; communicate with Contractor the status of submittal reviews; review submittal and RFI log in Pro-Trak to ensure timely responses; notify City Project Manager, Contractor and Design Engineer of time critical issues. 5.1.1. Respond to RFIs when such response does not require the Engineer's opinion or expertise or direction from City. 5.1.2. Assemble and maintain notes, comments, sketches and supportive data relative to the Project to facilitate the revision of drawings to conform to the final as-built conditions. Review Contractor's record keeping periodically to ensure completeness, timeliness and progress. 6. Change Orders 6.1 .Prepare and issue request for proposals in a timely manner via Pro- Trak. Review RFP and contractor proposal for additional work with City Project Manager and Design Engineer for approval. Ensure the status of RFP and Responses from Contractor, City and Design Engineer are logged and tracked in the Pro-Trak system. 6.2.Provide recommendation on technical matters as an advocate for the City. Evaluate Contractor's response/proposal for merit, cost, time, accuracy and price practicality. Negotiate with Contractor on City's behalf if required. 6.3.Prepare Change Order and documentation including signatures of Contractor, Engineer and Construction Manager for delivery to City. 7. Testing Laboratory and Results 7.1.Coordinate testing laboratory activities with Contractor's activities. Review test reports for compliance with Contract Documents. Log, track and retain test reports in Pro-Trak. Review results with f)c,ign S of 10 D5.Revised 01/12 Contractor. Monitor any corrective action and re-testing for compliance. Maintain compliance with City's specifications 7.1.1. Review lab test reports and log any failures. 7.1.2. Review Invoicing from Laboratory to daily activities. 8. Project Completion and Close out 8.1.A. Provide list of deliverables for substantial completion walk through/inspection. Schedule and conduct project walk through upon receipt of Contractor's notification of substantial completion. Include City Project Manager, Design Engineer and others as directed. Prepare a list of non-conforming work based on visual inspections via Pro-Trak. Record and monitor contractor's corrective efforts and schedule. Schedule final completion inspection for any remaining corrections. B. Coordinate and obtain Design Engineer's signature and seal on Substantial Completion certificate and Final Completion and Acceptance certificate via Pro-Trak. 8.2. Review and compile any Operation and Maintenance documents required from the Contractor —forward to Engineer for review. Ensure Contractor's closeout documents are uploaded to Pro-Trak. Review for completeness and accuracy, including; affidavits of final payment, final pay estimates, as built records, redlines and drawings. Once received, notify the Design Engineer and City Project Manager when completed. 8.2.1. Upon completion of close out items, provide recommendation for City's Substantial Completion/Final Acceptance certificate. 8.2.2. Provide indexed project files, redline plans and as- built or record drawings to City via Pro-Trak. 8.3.Conduct Project Close-Out Meeting. Design 9 of 10 D5. Revised 01/12 8.4.Prepare and recommend final payment application. (Prepare job record logs transmittals, and correspondence reports in an organized file for delivery to City.) 8.5.Consult with City on any potential Warranty items requiring repair or replacement. 9. Warranty Period 9.1.Schedule, arrange and coordinate a One Year Walk-through of the project to review status of the work 30 days prior to expiration of the One Year Maintenance period. 9.2.Provide staff to conduct and participate in the warranty inspections. 9.3.Prepare list of non conforming work for presentation to the City Project Manager, Design Engineer and Contractor via Pro-Trak. 9.4. Oversee repairs for non conforming work with Contractor. 9.5. Submit final report on completed warranty repairs via Pro-Trak. Design l O of 10 D5.Revised 01/12 Alex Zetusky Sr. Construction Manager AG I CM, Inc. PROFESSIONAL EXPERIENCE AG I CM, Inc. - Houston, TX Joined Firm in 2017 (2017-Present) Sr. Construction Manager responsible for all construction oversight, management of multiple project-based Education efforts while managing, motivating, and leading project teams, San Jacinto College Construction Mgmt. architectural / engineering firms and general contractors. Kingwood College Responsibilities consist of overseeing project procedures, General Studies implementation of quality assurance, management of project Project Mgmt. Inst. schedules and budget, coordination of A/E firms, contractors, PMP in progress subcontractors, and stakeholder personnel. Provides team Relevant Experience leadership from the programming/design through the close Road Work I $25oK to out/warranty phases. $53M+ • City of Houston Bender Rd Project Manager I Ritchie Bros. -Vancouver, BC expansion • City of Houston- 137 Acre Lead Project Manager(U.S. and Latin America) focused on full roadway and stabilized property/site development of new and existing sites to align with compound(Hurricane Ike business growth. Responsible from pre-design through design,outpost) • BLM/ Las Vegas-Clark bid, award, construction, handover/ occupancy, warranty and 1 — Peterson Rd 5 year site inspections phases. Fast-paced and high-demand • Georgia Pacific—Access Rd and Power corridor responsibilities included managing and maintaining a working • Keller,TX-EMS access Rd relationship with general contractors and subcontractors, site • Lake Worth,TX Rocky planning and development, p project planning/scheduling,Rd(expansion and flood control) implementing and monitoring change orders, coordinate design • Polotitlan,MX—Calle and install of overhead and underground utility lines on and off Carlos Lazo (expansion/flood site. Leading meetings with engineers, designers, general control/septic) contractors and company staff. Ensured projects where within Energy $1M to $SoM+ budget, on schedule and built at the highest quality. • Halliburton—Lab • LOOP—36 Man Living Project Manager I DHM Construction- Houston, TX Quarters While at DHM my role expanded from running a few projects to • Shell—Two Control multiple sites. Responsible for client relations,business buildings for Turbine Unit • Valco Oil—Two 31 man development, estimating, managing multiple projects in multiple Living Quarters states, supervising crews and subcontractors,budgets, schedules, • Hess Oil— Lab • Kinder Morgan—New RFI's, submittals, site walks and contract negotiations. Completed Storage Terminal roadway rehab and new construction, ground-up/exterior shell • Kinder Morgan(Galena commercial construction and interior tenant build outs, and value Park,Pasadena,La Porte, Texas) designed building projects both Educational and Commercial • Bosco projects in the U.S. • Lyondellbasell • LBC Page I 1 Industrial I $1.5M to Project Manager I Warwick Construction — Houston, TX $50M+ Completed design build ground-up/exterior shell projects for • Ritchie Bros.(ii locations in Educational, Commercial and Municipality clients. Responsible US/Latin America) for all aspects of the projects including but not limited to client Medical I $2ooK to $2M+ relations, estimating, contractor buy-out, contract management, • America's ER change order management, management of field staff, schedule, • Castle Dental • Redi Clinic budget, pay applications, project meetings, as-built review, punch • Lens Crafters list walks and completion, move-in coordination, final closeout • Vision Source and document handover Education I $35oK to $13M+ JAM Distributing- Houston, TX • The Children's Learning Area Project Manager overseeing multiple projects including the Adventure (4 locations) design/construction process. Clients included Blue Bell Ice Multi-Purpose/Family Cream,Toyota Corporate, Auto Nation, Sonic Automotive, etc. $1.5M to$15oM+ • Austin Triangle Lone Star Marine - Galveston, TX • Enclave Sr. Project Manager Responsible for overseeing design and • The Sky Club construction for multiple industrial projects. Clients included US • The Center at Overton Park Coast Guard, SOLAS and ABS. Projects required strict guidelines • Carrington Park ti t for construction and required detailed records documentation of • Halstead q / • Club of the Isle the process. Commercial/Retail I Project Manager I Meyer Smith Inc. - Houston, TX $500K to $3oM+ My expanded responsibilities helped continue developing and • HEB Grocery(32 locations) • Dun Bros Coffee(5 fine tune skills in precise and careful measurement for site locations) installation of large steel structures and miscellaneous steel. • Shoe Carnival(2 locations) Estimated jobs, gained experience working with general • Little Caesars(12 locations) contractors, quality controlled fabrication shop and site • Public Storage(23 locations) installation,verified measurements and suitability, and planned • Saks 5th Avenue p ■ The Children's Place(5 the work for on time installation and cost effective budgeting. locations) Promoted to Project Manager while also serving as the • World Market Fabrication Manager. Contributed to the management, • Strip Centers and shopping fabrication, scheduling and deliveries for the service department. malls(i8 locations) Responsibilities expanded to national, new,TI, remodels, shell construction , managing fabrications and material management in Latin America. Page 12 Roadwork experience Ritchie Bros.—Owner Rep over construction and design z) City of Houston-Bender Rd expansion s4.8M This was cooperation with the city of Houston and Ritchie Bros,for drainage improvements,added turn lanes and widening the road.I was in charge of the design phase through completion of the construction.This included the program management,managing of the civil engineers,traffic studies,specifications,design,RFI's,cost management,pay applications,change orders, scheduling,communication and working alongside the City of Houston,permitting(city &state),TexDot permits for temporary lane closers and request for detours,inspections of soil,compaction,rebar,concrete, quality assurance,as-built plans and handover. 2) City of Houston-137 Acre roadway and stabilized compound(Hurricane Ike emergency outpost) This was a quick paced design build that included value engineering,civil engineering,permitting,erosion control,stabilized parking/roadways,drainage,temporary power/data.Project was worked on alongside with the City of Houston. 3) BLM/Las Vegas-Clark Peterson Rd s2.2M Added new3 lane road and extended the city water to our facility as well as a future shopping center location. Was responsible for the value engineering,managing the civil engineers contractors,submittals and traffic studies submitted to the city of Las Vegas,NDot and BLM,permitting,managing soil compaction,soil test,rebar,concrete, signage,quality control,request for temporary lane closers or detours,as-builts and handover. 4) Georgia Pacific—Access Rd and Power corridor s7.8M This was a several year project that involved working with several departments to make it all come together. This was a multi-phased project,to bring 7 miles of power and data across Hwy 91,the railway and Interstate 15.Apart of the stipulation to run the service across the railroad,was to build a 5 mille stabilized access road for future GP use.I was responsible for coordinating the lines,poles,underground boring,roadway with NDot,City of Las Vegas,City of North Las Vegas,BLM,GP and a gypsum plant we had to bore under part of.Managed the engineers,permits,negotiations between parties,cost management,traffic studies,road closers/detours,inspections reports,scheduling,forecasting,erosion control,drainage structures,retention ponds,environmental watch,temporary fire suppression systems. 5) Lake Worth, TX-Rocky Point Rd(expansion and drainage control)2.5M This was a multi-year phase project that consisted of a flood control,drainage structures,holding pond,City water line,and extension of Rocky Point rd. The original plan submitted by the civil engineers,was over budget. Went back to the drawing board with them and we were able to value engineer the scope of work and brought the final cost of the project under budget.Managed and coordinated the engineers,contractors,submittals to the city,permiting,verified compactions test, samples,rebar,concrete,signage,quality control,final as-built plans and handover. 6) Polotitlan,MX—Calle Carlos Lazo(expansion,flood control and septic)15.2M Managed the construction of a new%mile of flood canal,drainage structures,erosion control and 75 acer detention pond. Also;added a center turn lane and two on-ramps to 1 mile of roadway.Managed the plans,engineers,contractors, permitting,cost,payment applications,change orders,negotiations,permitting,quality control,schedules,inspections and forecasting. Warwick Construction—General Contractor 1) Keller, TX-EMS access Rd$75oK Built a privet school in the City of Keller and the city requested an access Rd.to be constructed from the main Rd,past the school to the EMS existing behind.Managed subcontractors,self-performed work,RFI's,Change orders,cost/profit analyses,,traffic study,permitting,RFI's,inspections,signoffs,approvals,RFC's,Traffic study,close out documentation, as-builts