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R2018-163 2018-09-17
RESOLUTION NO. R2018-163 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Kimley-Horn &Associates, Inc., for design services associated with certain Intersection Improvements (signalization Windward Bay at Broadway; left turn on Pearland Parkway at Oak Ridge Drive; and left turn on Dixie Farm Road near Long Oak Drive), in an amount not to exceed $$98,900.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for engineering design services associated with the Windward Bay Intersection Improvements, 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 engineering design services associated with the certain Intersection Improvements. PASSED, APPROVED and ADOPTED this the 17th day of September, A.D., 2018. l Rc.,_,Q TOM REID MAYOR ATTEST: .„,,,:,„,„4,,,, ,<, ... ..0 , , .,..0.. ..„...„ . .. NG L� N MC -t �i�. ....›.., % �r - /\ . = r. Y SE, TAR APPROVED AS TO FORM: ,E1,,...L. 6....6_,.. DARRIN M. COKER CITY ATTORNEY Exhibit A Resolution No. 2018-163 Exhibit "A" CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY")and Kimley Horn ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Intersection Improvements("PROJECT"). (Project#TR1803) 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 engineering services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule.The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. 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. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. 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. F. 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 Design 1 of 6 D2.Revised 2018 and omissions relating to the performance of any work by the CONSULTANT, its agents,employees or subcontractors under this Agreement,as follows: (I) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (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. G. 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. H. 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 D2 Revised 2018 SECTION II-PERIOD OF SERVICE This CONTRACT will be binding upon execution and end January 31,2020. 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) $80,047.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Lump Sum): 3. Bid Phase Services (Hourly Not to Exceed) $5,600.00 4. Construction Phase Services(Hourly Not to Exceed) $10,000.00 5. Reimbursable Expenses(Not to Exceed) $3,253.00 6. Total: $98,900.00 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 CONSULTANTS 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 its sub- consultant(s) or in any way affect the CONSULTANT'S status as an independent contractor of the CITY. Design 3 of 6 D2 Revised 2018 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 11700 Katy Freeway, Suite 800, Houston, TX 77079. 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 15t1 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. 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. Design 4 of 6 D2 Revised 2018 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. SECTION VIII-SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. C tI'OF 'E• ' LAND, TEXAS DATE I . .. 41. or* kaitikt,i- i //cis CONSULT• DATE Design 5 of 6 D2 Revised 2018 House Bill 89 Verification I, COPS 92I►.I.G‘a.—. (Person name), the undersigned representative (hereafter referred to as "Representative") of t 2 4 AND ASS0 AT \ LC. (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically wlh Israel, or with a person or entity doing business in Israel or in an Israeli-control) teritory, but does not include an action made for ordinary business purposes. SIGNLAD tt rkE * PRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 2,,°1 day of P\v vv ST , 2018 . ESPI ZAN CAMACHO ��RY PV9�i _ :Notary Public, State of Texas Comm. Expires 10-12-2021 �7(j o,,, „r` Notary ID 131313292 Notary Public Design 6 of 6 D2 Revised 2018 Kimley>>>Horn Attachment A-Professional Engineering Services Proposal City of Pearland—2018 Intersection Improvement Program: Windward Bay Drive at Broadway Street, Pearland Parkway at Oak Ridge Drive, and Dixie Farm Road near Long Oak Drive Date:August 21, 2018 Kimley-Horn and Associates, Inc. ("Kimley-Horn"or"the Consultant")is pleased to submit this EXHIBIT A to the City of Pearland("the City")for providing professional services for the above referenced project. Our project understanding, scope of services, and fee are below. INFORMATION PROVIDED BY THE CITY The City shall provide the following information requested by the Consultant during the project: • Previously traffic studies completed for subject intersections. • As-built plans available for the subject intersection and intersecting roadways(including but not limited to roadway, drainage, utility, streetscape, landscape). • Geotechnical reports completed for the areas near the subject intersections. • Any future development plans in the immediate vicinity of the subject intersections. • City of Pearland current standard front-end documents for project bidding. The Consultant shall be entitled to rely on the completeness and accuracy of materials of all information provided by the Client or the Client's consultants or representatives in the completion of their services under this Proposal. SCOPE OF SERVICES Task 1: Topographic Survey The Consultant will engage a surveying sub-consultant to obtain a topographic survey of the study intersections. Information gathered by the survey will include right-of-way, edge of pavement, curb lines, islands and medians, pavement markings, signs, sidewalks, trees, and other above ground features within the survey area.This may also include vertical survey at the intersections including ditch lines, if applicable. The survey will provide project baselines, identify benchmarks, and identify and show above and underground utilities that can be reasonably determined via markings by a utility locator service. The survey area consists of the following: Broadway Street at Windward Bay Drive (east) • 200 feet west of Broadway Street at Windward Bay Drive(east) • 200 feet east of Broadway Street at Windward Bay Drive(east) • 100 feet north of Broadway Street at Windward Bay Drive(east) • 100 feet south of Broadway Street at Windward Bay Drive(east) Pearland Parkway at Oak Ridge Drive • 300 feet north of Pearland Parkway at Oak Ridge Drive • 50 feet south of Pearland Parkway at Oak Ridge Drive • 50 feet east of Pearland Parkway at Oak Ridge Drive kimley-horn.com 11700 Katy Freeway, Suite 800, Houston,TX 77079 281 597 9300 Kimley>>>Horn Page 2 Dixie Farm Road at First Median Opening East of Long Oak Drive • 300 feet west of Dixie Farm Road at first median opening east of Long Oak Drive • 50 feet east of Dixie Farm Road at first median opening east of Long Oak Drive • Limits of existing right-of-way Deliverables: • One(1)electronic survey file of each intersection in AutoCAD 2018 format • One(1)pdf of completed sealed survey of each intersection If requested by the City, the Consultant can engage the survey sub-consultant to prepare the metes and bounds in the instance that right-of-way (ROW) acquisition is required. However, metes and bounds survey and assistance with ROW acquisition is not included in this scope of services and can be provided as an Additional Service. Task 2: Intersection Improvement Assessment Kimley-Horn will complete an assessment of the existing traffic demand to determine the needed left turn/U-turn lane storage length at the following locations: o EB Broadway Street at Windward Bay Drive o WB Broadway Street at Windward Bay Drive o SB Pearland Parkway at Oak Ridge Drive o EB Dixie Farm Road at median opening east of Long Oak Drive Kimley-Horn will prepare one conceptual design layout for each intersection. The conceptual design layouts and the results from this assessment will be discussed with City of Pearland and the storage lengths and taper lengths of the proposed improvements will be agreed upon prior to design. Task 3: Intersection Improvement Design Plans Intersection improvement design plans will be prepared in general accordance with published City of Pearland design standards and specifications and include the following sheets. • Cover Sheet • General Notes Task 3a: Broadway Street at Windward Bay Drive • Traffic Signal Notes • Existing Conditions Sheet showing existing intersection and roadway layout, signs, pavement markings,other notable above ground features, and the recorded utilities • Proposed Traffic Signal Layout Sheet including overhead signs and pedestrian elements • Traffic Signal Detail Sheet with tabulation of quantities, electrical chart, timing table, and WMVDS chart • Signing and Pavement Marking Layout Sheet kiiilgOrsiMil 11700 Katy Freeway,Suite 800,Houston,TX 7707, 281 597 9300 Kimley>>>Horn Page 3 • Roadway Layout Sheet(if applicable)including plan and profile of left turn lane extensions(if needed).The plan will show the existing and proposed horizontal roadway improvements with tie-in elevations, existing and proposed(if needed) right-of-way and easements, existing driveways,drainage structures, horizontal and vertical control data. Paving plans may include regrading of existing median to match grades of the existing inlets.No drainage analysis,drainage area map, or calculations will be performed. Relocation or adjustment of utilities such as sanitary,water, storm and gas is not included in this design;these would be considered additional services. • Erosion Control Layout Sheet(if needed) • Traffic Control Plan Layout Sheet showing the lane closures required for the construction of the turn lane improvements(if needed).Traffic control plan will be limited to one phase and will show the temporary signing and striping required to provide flow of traffic during construction. TCP will follow Part VI of the TMUTCD and City of Pearland guidelines. • Standard Detail Sheets as may be applicable Task 3b: Pearland Parkway at Oak Ridge Drive • Demolition Layout Sheet • Typical Section Layout Sheet showing the pavement and subgrade section,existing edge of concrete, proposed edge of concrete (or curb), existing right-of-way, and travel lanes. The pavement section will match the existing roadway section. • Roadway Plan Layout Sheet including plan and profile of the proposed turn lane improvement.The plan will show the existing and proposed horizontal roadway improvements with tie-in elevations,existing and proposed(if needed)right-of-way and easements, existing driveways,drainage structures, horizontal and vertical control data. • Storm Drain Layout Sheet including relocation of one grate inlet in the median of Pearland Parkway and regrading of median and to match proposed inlet location and proposed curb line.No drainage analysis, drainage area map,or calculations will be performed. Relocation or adjustment of utilities such as sanitary,water, gas,and other storm infrastructure is not included in this design;these would be considered additional services. • Signing and Pavement Marking Layout Sheet • Erosion Control Layout Sheet • Traffic Control Plan Layout Sheet showing the lane closures required for the construction of the turn lane improvements.Traffic control plan will be limited to one phase and will show the temporary signing and striping required to provide flow of traffic during construction. TCP will follow Part VI of the TMUTCD and City of Pearland guidelines. • Standard Detail Sheets as may be applicable kldil'e ili0 of 11 11700 Katy Freeway,Suite 800,Houston,TX 7707• 281 597 9300 Kimley>>>Horn Page 4 Task 3c: Dixie Farm Road at Long Oak Drive • Demolition Layout Sheet • Typical Section Layout Sheet showing the pavement and subgrade section, existing edge of concrete, proposed edge of concrete (or curb), existing right-of-way, and travel lanes. The pavement section will match the existing roadway section. • Roadway Plan Layout Sheet including plan and profile of the proposed turn lane improvement.The plan will show the existing and proposed horizontal roadway improvements with tie-in elevations, existing and proposed(if needed)right-of-way and easements, existing driveways,drainage structures, horizontal and vertical control data. Paving plans may include regrading of existing median to match grades of the existing inlets.No drainage analysis,drainage area map,or calculations will be performed. Relocation or adjustment of utilities such as sanitary,water, storm and gas is not included in this design;these would be considered additional services. • Signing and Pavement Marking Layout Sheet • Erosion Control Layout Sheet • Traffic Control Plan Layout Sheet showing the lane closures required for the construction of the turn lane improvements.Traffic control plan will be limited to one phase and will show the temporary signing and striping required to provide flow of traffic during construction. TCP will follow Part VI of the TMUTCD and City of Pearland guidelines. • Standard Detail Sheets as may be applicable Deliverables: • 60% Submittal- Three(3)half-size(11"x 17")plan sets and one electronic copy(delivered via web-based Managelt system) • Engineer's opinion of probable construction cost (OPCC) for 60% Submittal with 20% contingency • 90%Submittal- Three(3)half-size(11"x17")plan sets and one electronic copy(delivered via web-based Managelt system) • OPCC for 90%Submittal with 10%contingency • 100% Submittal-One(1)full-size(22"x34")signed and sealed plan set and one electronic copy(delivered via web-based Managelt system) • OPCC for 100%Submittal with no contingency Project Meetings Kimley-Horn will attend up to three (3) meetings with City of Pearland staff. If additional meetings are requested by the City, such effort will be billed to the City at our then current hourly rate in excess of the task budget stated in this proposal. kilt a el , 11700 Katy Freeway, Suite 800,Houston,TX 7707^. 281 597 9300 Kimley>>>Horn Page 5 Task 4: Bid Phase Services(Hourly) Kimley-Horn will prepare the complete project manual/bid document that includes the necessary technical documents and specifications required for bidding.The project manual will include the current standard front-end documents (provided by City of Pearland), the construction drawings prepared under Task 3, bid item form, technical specifications, project specific special notes suitable for bidding and construction. The services that are considered part of this task could include: • Prepare complete project manual/bid documents. • Develop a Bid Schedule with collaboration with City staff. • Attend Pre-Bid Conference/Meeting. • Respond to Bidder's questions. • Issue up to one(1)Addendum, if required. • Provide the City with a bid tabulation and written recommendation of award. • Upload/enter bid items to City Bid Interface. • Prepare five (5) hard copy project manuals with colored insert addenda and deliver to Contractor. It is expected that the City will solicit the bids and conduct the Pre-Bid Meeting. Kimley-Horn can be available during the bidding process to answer any questions that may arise and will assist the City with issuing Addenda, as needed. Kimley-Horn will provide a written recommendation of award, however,selection of bidders is not considered part of this task. It is anticipated that 42 hours of effort is included in this task. If additional effort beyond 42 hours is required,it will be considered an Additional Service and the effort will be billed on an hourly basis, at our then current hourly rates, in addition the amount provided in this agreement. Task 5: Construction Phase Services(Hourly) Construction Phase Services will be performed, if requested by the City. This task will involve the review of shop drawings,submittals and samples,as well as coordination with the Contractor and Client as needed through installation and final observation of the signal installation. The major construction phase tasks that would be completed by the Consultant under this project are listed below with the scope of services following: Pre-Construction Conference. Consultant will attend a Pre-Construction Conference prior to commencement of construction activity. Consultant will provide full-size (22"x34") and half-size (11"x17")plan hardcopies of the plans sets as needed by the Contractor,Project Manager,Construction Manager,testing lab,and City Inspector.Total number of sets will be limited to six(6)sets each of full- size and half-size drawings. Monthly Progress Meetings. Consultant will attend monthly progress meetings with City's Construction Manager, Contractor and City of Pearland as needed. Consultant's attendance of these meetings is limited to six(6)meetings. Visits to Site and Observation of Construction. Consultant will provide on-site construction observation services during the construction phase. Visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited kimley-h" Cot 11700 Katy Freeway, Suite 800,Houston,TX 7707• 281 597 9300 Kim ey>>>Horn Page 6 to spot checking, selective measurement, and similar methods of general observation of the Work based on Consultant's exercise of professional judgment. Based on information obtained during such visits and such observations, Consultant will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Consultant will keep Client informed of the general progress of the Work. The purpose of Consultant's site visits will be to enable Consultant to better carry out the duties and responsibilities specifically assigned in this Agreement to Consultant, and to provide Client a greater degree of confidence that the completed Work will conform in general to the Contract Documents. Consultant shall not, during such visits or as a result of such observations of Contractor's work in progress,supervise,direct, or have control over Contractor's work,nor shall Consultant have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules,or procedures of construction selected by Contractor,for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. • Perform Site Visits and Construction Observations during construction. These shall be limited to six(6)visits. It is expected that the City will perform the majority of site inspections. Recommendations with Respect to Defective Work. Consultant will recommend to Client that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, Consultant believes that such work will not produce a completed Project that conforms generally to Contract Documents. Clarifications and Interpretations. Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by Client. Change Orders. Consultant may recommend Change Orders to Client, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. • Respond to clarifications and request for information (RFI) by Contractor and issue Change Orders(CO), if needed. RFIs and COs shall be limited to a total of six(6). Shop Drawings and Samples. Consultant will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means,methods, techniques, equipment choice and usage,sequences, schedules, or procedures of construction or to related safety precautions and programs. Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. Inspections and Tests. Consultant may require special inspections or tests of Contractor's work as Consultant deems appropriate, and may receive and review certificates of inspections within Consultant's area of responsibility or of tests and approvals required by laws and regulations or the Contract Documents. Consultant's review of such certificates will be for the purpose of determining Kimley>>>Horn Page 7 that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections,tests, or approvals comply with the requirements of the Contract Documents. Consultant shall be entitled to rely on the results of such tests and the facts being certified. Disagreements between Client and Contractor. Consultant will, if requested by Client, render written decision on all claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's work. In rendering such decisions,Consultant shall be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. Applications for Payment. Based on its observations and on review of applications for payment and accompanying supporting documentation, Consultant will provide limited assistance to the City in determining amounts for the Contractor to be paid. This will constitute Consultant's representation to the Client, based on such observations and review, that, to the best of Consultant's knowledge, information and belief, Contractor's work has progressed to the point indicated and that such work-in- progress is generally in accordance with the Contract Documents subject to any qualifications stated otherwise. In the case of unit price work, Consultant's recommendations of payment will include determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests. By recommending any payment, Consultant shall not thereby be deemed to have represented that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work in progress,or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Consultant in this Agreement. It will also not impose responsibility on Consultant to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in progress, materials, or equipment has passed to Client free and clear of any liens, claims, security interests, or encumbrances, nor that there may not be other matters at issue between Client and Contractor that might affect the amount that should be paid. Substantial Completion. Consultant will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, in company with Client and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. If after considering any objections of Client, Consultant considers the Work substantially complete, Consultant will notify Client and Contractor. • Assist the City's Project Manager in the follow-up for a"punchlist"for completion of the project. Final Notice of Acceptability of the Work. Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Consultant may recommend, in writing,final payment to Contractor. Accompanying the recommendation for final payment,Consultant shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Consultant's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant upon which it is entitled to rely. • Perform one(1) Final Completion walk-through. • • Prepare record drawing of the traffic signal layout based on Contractor redlines. �( ..; �,an oi fit• Kim ey>>>Horn Page 8 Limitation of Responsibilities. Consultant shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors,suppliers,or of any other individual or entity performing or furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of any Contractor. Providing assistance during signal turn-on and/or preparation of traffic signal timing plans are not part of the Construction Phase Services, but can be performed as Additional Services. It is anticipated that 100 hours of effort is included in this task. If additional effort beyond 100 hours is required, it will be considered an Additional Service and the effort will be billed on an hourly basis, at our then current hourly rates, in addition the amount provided in this agreement. SCHEDULE Kimley-Horn anticipates completing Task 2 within four(4)weeks from receiving notice to proceed and City providing roadway and traffic data. Kimley-Horn anticipates completing Tasks 1 and 3 within four (4) months of notice to proceed. Schedule assumes two (2) weeks for City reviews. Kimley-Horn will complete Task 4 and Task 5 on a mutually agreed schedule with City of Pearland staff. Times for performance shall be extended as necessary for delays due to circumstances that Kimley-Horn does not control. Kimley-Horn shall not be liable for or be deemed in breach because of delays caused by any factor outside of its reasonable control. FEE AND EXPENSES Kimley-Horn will perform the services in Tasks 1 -3 for the total lump sum fee below. Individual task amounts are informational only. All project-related direct expenses are included in these values. All permitting, application,and similar project fees will be paid directly by the Client. Task 1 Topographic Survey(includes 15%markup) $ 22,600.00 Task 2 Intersection Improvement Assessment $ 2,900.00 Task 3 Intersection Improvement Design Plans $ 57.800.00 Total Lump Sum Fee $ 83,300.00 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be due within 25 days of the date of the invoice. Kimley-Horn will perform the services in Task 4 and Task 5 on a labor fee plus expense basis with the maximum labor fees shown below. Task 4 Bid Phase Services $ 5,600.00 Task 5 Construction Phase Services $ 10.000.00 Maximum Labor Fee(Hourly) $ 15,600.00 Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client. Labor fee will be billed on an hourly basis according to our then-current rates. As to this task, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses kihilkOioreol 11700 Katy Freeway,Suite 800,Houston,TX 7707# 281 597 9300 Kim ey>>>Horn Page will be billed at 1.15 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses as to these tasks such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the Client. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. ADDITIONAL SERVICES Any items requested that are not specifically noted in the above scope will be billed as additional services and performed at our then current hourly rates or agreed upon through a separate work authorization. CLOSURE In addition to the matters set forth in this ATTACHMENT A,our scope of services shall include and be subject to, and only to, the terms and conditions in the City of Pearland Contract for Professional Services. As used in the Contract for Professional Services, the term "the Consultant" shall refer to Kimley-Horn and Associates, Inc., and the term"the City"shall refer to the City of Pearland. Fees and times stated in this Proposal are valid for sixty(60)days after the date of this ATTACHMENT A. • kimley-torri'.corii 11700 Katy Freeway,Suite 800,Houston,TX 7707° 281 597 9300 ATTACHMENT B Kimley-Horn and Associates,Inc. City of Pearland - 2018 Intersection Improvements - Design Fee Estimate PERSON-HOUR ESTIMATE Project Name: City of Pearland 2018 Intersection Improvements Date Prepared: 8/21/2018 Estimated By: Ryan Eurek,P.E. Kimley-Horn Task Kimley-Horn Task Name Direct Labor(Person-Hours) Subtask ID No. Subtask Name/Description Sr.Engr.I Sr.Pr.Mgr. Engr/Prof Analyst Admin Kimley-I torn Rate Rate Rate Rate Rate Labor $273.00 $228.00 S157.00 $119.0 $98.0 Total 2 Intersection Improvement Assessment 1 2 5 8 S 2,466 Task 1-lours(subtotal) 16 Intersection Improvements and Traffic Signal Design-Broadway at 3a Windward Bay Drive Field Visit/Utility Research/Meetings 2 6 6 $ 2.112 Existing Conditions Layout 1 3 5 $ 1,294 Signal Design Layouts 7 18 18 $ 6.564 Wheelchair Ramp and Access Pad Layout 1 2 6 $ 1,256 Signing and Pavement Marking Layout 2 2 8 $ 1,722 Traffic Control Plan 2 6 8 $ 2.350 Left Turn Lanes Plan and Profile 3 6 8 $ 2,713 Erosion Control Layout 1 , 3 5 S 1.339 Standards 2 8 $ 1.266 Utility Company Coordination 1 1 4 2 $ 1,057 Summary of Quantities 1 1 4 8 $ 2.081 Quality Assurance/Quality Control 2 4 6 _ $ 1.798 Traffic Signal Design Subtotal 5 19 57 90 2 $ 25,552 Task Hours(subtotal) 173 8/21/2018 Page 1 of 3 ATTACHMENT B Kimley-Horn and Associates, Inc. City of Pearland -2018 Intersection Improvements - Design Fee Estimate PERSON-HOUR ESTIMATE Project Name: City of Pearland 2018 Intersection Improvements Date Prepared: 8/21/2018 Estimated By: Ryan Eurek,P.E. Kimley-Horn Task Kimley-Horn Task Name Direct Labor(Person-Hours) Subtask ID No. Subtask Name/Description Sr.Engr.I Sr.Pr.Mgr. Engr/Prof Analyst Admin kimley-Horn Rate Rate Rate Rate Rate Labor S273.00 S228.00 $157.00 S119.0 S98.0 Total 3b Left Turn Lane Design-Pearland Parkway at Oak Ridge Drive Field Visit/Utility Research/Meetings 5 3 $ 1,142 Demolition Plan 5 5 $ 1,380 Typical Section3 5 $ 1,066 Left Turn Lane Plan and Profile 1 6 8 $ 2.167 Storm Layout I 3 6 $ 1.458 Erosion Control Layout 1 3 __ 5 S 1.339 Signing and Pavement Marking Layout 1 3 5 5 1,294 Traffic Control Plan 1 3 6 S 1.413 Standards 2 4 • 5 790 Summary of Quantities 1 4 8 S 1.808 Quality Assurance/Quality Control 2 2 4 4 5 2,106 Left Turn Lane Design Subtotal 5 5 4l __ 59 0 S 15,963 Task Hours(subtotal) 110 3c Left Turn Lane Design-Dixie Farm Road at Long Oak Drive Field Visit/Utility Research/Meetings 3 2 $ 709 _ Demolition Plan 3 5 $ 1,066 Typical Section 3 5 S 1,066 Left Turn Lane Plan and Profile 1 6 8 S 2.167 Erosion Control Layout 1 3 5 S 1.339 Signing and Pavement Marking Layout I 3 5 S 1,294 Traffic Control Plan 1 3 6 S 1,413 Standards 2 4 $ 790 Summary of Quantities 1 4 8 S 1.808 Quality Assurance/Quality Control 2 2 - 4 2 $ 1,868 Left Turn Lane Design Subtotal 4 3 34 50 0 S 13.520 Task Hours(subtotal) 93 8/21/2018 Page 2 of 3 ATTACHMENT B Kim ley-Horn and Associates,Inc. City of Pearland - 2018 Intersection Improvements - Design Fee Estimate PERSON-HOUR ESTIMATE Project Name: City of Pearland 2018 Intersection Improvements Date Prepared: 8/21/2018 Estimated By: Ryan Eurek,P.E. Kimley-Horn Task Kimley-Horn Task Name Direct Labor(Person-Hours) Subtask ID No. Subtask Name/Description Sr.Engr.I Sr.Pr.Mgr. Engr/Prof Analyst Admin Kimley-Horn Rate Rate Rate Rate Rate Labor S273.00 $228.00 $157.00 $119.0 _ S98.0 Total 4 Bid Phase Services(Hourly) S 5,600 Task Hours(subtotal) 42 5 Construction Phase Services(Hourly) 5 /0.000 Task Hours(estimated) 100 Total Kimlcv-Horn Lump Sum Effort(Hours) 15 _ 31 137 207 2 392 Total Kimley-Horn Lum Sum Tasks(Dollars) $4,095 $7,068 I S21,599 1 S24,633 1 5196 S 57.501 Kimley-Horn-Project Lump Sum Labor Subtotal S 57,501 Survey Topographic C.L.Davis-Subtotal $ 19,605 Survey(Task I) Kimley-Horn(15%markup) $ 2,941 Kimley-Horn Direct Expenses Kimley-Horn Travel/Parking $ 553 Mailing/Shipping $ 200 Expenses Copying/Reproduction $ 2.500 Project Expense Subtotal S 3,253 Hourly Bid Phase Services S 5,600 Survey, Design, Bid Phase Services Subtotal S 88,900 Hourly Construction Phase Services S 10,000 Kimley-Horn Project Total S 98,900 8/21/2018 Page 3 of 3 C. L. DAVIS & COMPANY LAND SURVEYING 1500 Winding Way Friendswood,Texas 77546 281.482.9490 FAX 281.482.1294 cidavisQcldaviscomnanv.com July 02,2018 REVISED-July 10,2018 REVISED-August 07,2018 Mr.Ryan Eurek,P.E Kimley-Horn 11700 Katy Freeway, Suite 800 Houston,TX 77079 Re: City of Pearland Project-2018 Intersection Improvements Proposal No.2018-083 (R-2) Dear Mr.Eurek: Our proposal for land surveying services for the above referenced project is as follows: 1. Establish Horizontal Control based on North American Datum 1983 and Vertical Control based on North American Vertical Datum 1988,2001 Adjustment for all(3)Intersections. Fee based on the following levels of efforts: Principal—2 hours x 225 $450.00 R.P.L.S.—6 hours x 150 $900.00 CAD —3 hours x 110 $330.00 Three-man field crew—10 hours x 185 $1,850.00 Data Collector —10 hours x 40 $400.00 Clerical —0 hours x 80 $0.00 Sub-Total of Item 1 $3,930.00 r1ei/in9 tkie 9ret Stateo f Texts for,0 2018-083 City of Pearland Project—2018 Intersection Improvements Mr.Ryan Eurek Proposal No.2018-083 July 02,2018 REVISED-July 10,2018 REVISED-August 07,2018 Page 2 Intersection of West Broadway Street and Windward Bay Drive Option 1: 2. Establish Existing Right-Of-Way of West Broadway Street at Windward Bay Drive. Fee based on the following levels of efforts: Principal—1 hours x 225 $225.00 R.P.L.S.—4 hours x 150 $600.00 CAD —6 hours x 110 $660.00 Three-man field crew—6 hours x 185 $1,110.00 Data Collector —6 hours x 40 $240.00 Clerical —0 hours x 80 $0.00 Sub-Total of Item 2 $2,835.00 3. Topographic and Utility Investigation Survey on portion of West Broadway Street 200'East and West of Windward Bay Drive,and portion of Windward Bay Drive 100'North and South of West Broadway Street. Fee based on the following levels of efforts: Principal—1 hours x 225 $225.00 R.P.L.S.—4 hours x 150 $600.00 CAD —20 hours x 110 $2,200.00 Three-man field crew—12 hours x 185 $2,220.00 Data Collector —12 hours x 40 $480.00 Clerical —2 hours x 80 $160.00 Sub-Total for Item 3 $5,885.00 Sri iv�� t1i.e 9res.-t Statte o'fMVO for 30 Je�.rs 2018-083 City of Penland Project—2018 Intersection Improvements Mr.Ryan Eurek Proposal No. 2018-083 July 2,2018 REVISED-July 10,2018 REVISED-August 07,2018 Page 3 Intersection of Pearland Parkway at Oak Ridge Drive *4. Topographic and Partial Utility Investigation Survey on portion of Pearland Parkway 300'north of Oak Ridge Drive(Right-of-Way to Right-of-Way) and 50'souM of Oak Ridge Drive and 50'east on Oak Ridge Drive. Fee based on the following levels of efforts: Principal— 2 hours 225 $450.00 R.P.L.S.— 2 hours 150 $300.00 CAD — 8 hours 110 $880.00 Three-man field crew—8 hours x 185 $1,480.00 Data Collector — 8 hours x 40 $320.00 Clerical —2 hours x 80 $160.00 Sub-Total of Item 4 $3,590.00 Portion of Dixie Farm Road *5. Topographic and Partial Utility Investigation Survey on Dixie Farm Road from first median opening east of Long Oak Drive west 300'and 50'east of median opening. Fee based on the following levels of efforts: Principal— 1 hours x 225 $225.00 R.P.L.S.— 2 hoursx 150 $300.00 CAD — 8 hours 110 $880.00 Three-man field crew—8 hours x 185 $1,480.00 Data Collector — 8 hours x 40 $320.00 Clerical —2 hours x 80 $160.00 Sub-Total of Item 5 $3,365.00 Total Amount of Proposal Option 1 $19,605.00 * Fees for Items 4 and 5 do not include establishing existing right- of-ways ightof-ways or locating existing CenterPoint Gas Line 614 rUeir:141 tke 9ret State of Texa s for 30 Ilerrs 2018-083 City of Pearland Project—2018 Intersection Improvements Mr. Ryan Eurek Proposal No. 2018-083 July 2,2018 REVISED-July 10,2018 Page 4 Any changes or revisions in the scope of the project after authorization to proceed will be billed on an hourly basis as described below: • Principal $175.00 • Registered Professional Land Surveyor(RPLS) $125.00 • Technical/CAD $95.00 • Three-man field crew $145.00 • Data Collector $40.00 • Clerical $55.00 All surveying services are under the jurisdiction of the Texas Board of Land Surveying: 7701 North Lamar, Suite 400; Austin, Texas 78752; phone number: 512-452-9427. Any complaints about surveying services should be sent to the above address to the attention of Complaints Officer of the Board. Thank you for the opportunity to submit this proposal and we look forward to working with you. Sincerely, Approved&Accepted C. L. Davis, R.P.L.S. Ryan Eurek Date Kimley-Horn S 4 rVeny tke 9rext Stite of TexR.s for 3011 ears 2018-083 City of Pearland Project—2018 Intersection Improvements Client#:25320 KIMLHORN ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)3/25/2018 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER ACT Jerry Noyola Greyling Ins. Brokerage/EPIC PHONEo.Ext):770-552-4225 Fax (A/C,No): 866-550-4082 nit). 3780 Mansell Road,Suite 370 ADRESS: jerry.noyola@greyling.com Alpharetta,GA 30022 INSURER(S)AFFORDING COVERAGE NAIC 1f INSURER A•National Union Flre ins.Co. 19445 INSURED INSURER B:Aspen American Insurance Company 43460 Kimley-Horn and Associates, Inc. INSURER C:New Hampshire Ins.Co. 23841 421 Fayetteville Street,Suite 600 INSURER D Lloyds of London 085202 Raleigh,NC 27601 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 18-19 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. INRSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS INSR;4W /Y D POLICY NUMBER (MM/DDYYY) (MM/DD/YYVY) A X COMMERCIAL GENERAL LIABILITY 5268169 04/01/2018 04/01/2019 EACH �ES IOCCURRENCE $1,000,000 CLAIMS-MADE I X I OCCUR PREMISEa occurrence) $500,000 X Contractual Liab. MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY _$1,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 IPOLICY X JECOT X LOC PRODUCTS-COMP/OP AGG $2,000,000 IOTHER: $ A AUTOMOBILE LIABILITY 4489663 04/01/2018 04/01/2019 COMBIaaccideNEDnt) $SINGLE LIMIT 1 s 000,000 (E X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) B x UMBRELLA UAB X OCCUR CX005FT18 04/01/2018 04/01/2019 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$0 $ C WORKERS COMPENSATION 015893685(AOS) 04/01/2018 04/01/2019 X !Mt ITF 0TH AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 015893686(CA) 04/01/2018 04/01/2019 E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A C (Mandatory In NH) 039326820(ME) 04/01/2018 04/01/2019 E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional Liab P070831800 04/01/2018 04/01/2019 Per Claim$2,000,000 Aggregate$2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re: For all projects with City of Pearland.The City of Pearland is named as an Additional Insured with respects to General &Automobile Liability where required by written contract.Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof,30 days'written notice(except 10 days for nonpayment of premium)will be provided to the Certificate Holder. CERTIFICATE HOLDER CANCELLATION Cityof SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PearlandTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3519 Liberty Drive ACCORDANCE WITH THE POLICY PROVISIONS. Pearland,TX 77581-0000 AUTHORIZED REPRESENTATIVE 126!aegrz,-- ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1018903/M1017400 JNOY1 This page has been left blank intentionally. •j y i 1 1 • • • • f •I . POLICY NUMBER: GL 526-81 -69 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations CITY OF PEARLAND FOR ALL PROJECTS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to that which you are required by the contract include as an additional insured the person(s) or or agreement to provide for such additional organization(s) shown in the Schedule, but only insured. with respect to liability for "bodily injury", B. With respect to the insurance afforded to these "property damage" or "personal and advertising additional insureds, the following additional injury" caused, in whole or in part, by: exclusions apply: 1. Your acts or omissions; or This insurance does not apply to "bodily injury" 2. The acts or omissions of those acting on or "property damage" occurring after: your behalf; 1. All work, including materials, parts or in the performance of your ongoing operations equipment furnished in connection with such for the additional insured(s) at the location(s) work, on the project (other than service, designated above. maintenance or repairs) to be performed by or on behalf of the additional insured(s) at However: the location of the covered operations has 1. The insurance afforded to such additional been completed; or insured only applies to the extent permitted 2. That portion of "your work" out of which by law; and the injury or damage arises has been put to 2. If coverage provided to the additional its intended use by any person or insured is required by a contract or organization other than another contractor or agreement, the insurance afforded to such subcontractor engaged in performing additional insured will not be broader than operations for a principal as a part of the same project. CG 20 10 04 13 as insurance Services Office, Inc., 2012 Page 1 of 2 0 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III - Limits Of Insurance: whichever is less. If coverage provided to the additional insured is required by a contract or agreement, the most This endorsement shall not increase the we will pay on behalf of the additional insured applicable Limits of Insurance shown in the is the amount of insurance: Declarations. 1. Required by the contract or agreement; or Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 10 04 13 0 POLICY NUMBER: GL 526-81 -69 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organization(s) CITY OF PEARLAND FOR ALL PROJECTS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to which you are required by the contract or include as an additional insured the person(s) or agreement to provide for such additional organization(s) shown in the Schedule, but only insured. with respect to liability for "bodily injury" or B. With respect to the insurance afforded to these "property damage" caused, in whole or in part, additional insureds, the following is added to by "your work" at the location designated and Section III - Limits Of Insurance: described in the Schedule of this endorsement If coverage provided to the additional insured is performed for that additional insured and required by a contract or agreement, the most included in the "products-completed operations we will pay on behalf of the additional insured hazard". is the amount of insurance: However: 1. Required by the contract or agreement; or 1. The insurance afforded to such additional 2. Available under the applicable Limits of Insu- insured only applies to the extent permitted rance shown in the Declarations; by law; and whichever is less. 2. If coverage provided to the additional insured is required by a contract or agree- This endorsement shall not increase the appli ment, the insurance afforded to such addi cable Limits of Insurance shown in the Decla- tional insured will not be broader than that rations. CG 20 37 04 13 insurance Services Office, Inc., 2012 Page 1 of 1 0