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R2019-162 2019-07-08 RESOLUTION NO. R2019-162 A Resolution of the City Council of the City of Pearland, Texas, authorizing a construction materials testing contract with Ninyo &_Moore Geotechnical Environmental Science Consultants, in the amount of $128,755.00, for the McHard Road Trunk Sewer and Waterline Project(Phase 2; Cullen Boulevard to Mykawa Road). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for construction materials testing services associated with the McHard Road Trunk Sewer and Waterline 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 materials testing services associated with the McHard Road Trunk Sewer and Waterline Project. PASSED, APPROVED and ADOPTED this the 8th day of July, A.D., 2017. _0 --ft.,-41 TOM REID •• MAYOR • ATTEST: '//4, .0‘ MARIA RO RIGUEZ INTERIM CITY SECRETARY APPROVED AS TO FORM: DARRINCM OKER CITY ATTORNEY Resolution No. 82019-162 CONTRACT FOR PROFESSIONAL SERVICES', THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Ninyo &Moore("CONSULTANT"). The CITY engages the CONSULTANT to perform Construction Materials Testing Services for a project known and described as McHard Road Trunk Sewer (Garden to Southdown WRF) & McHard Road Waterline Phase II (Cullen Pkwy to Mykawa Road) ("PROJECT"). (Project # WW1406 &WA1601) 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 Materials Testing Services. See Exhibit A, attached, for a detailed SCOPE OF WORK. The PROJECT schedule shall conform to the construction schedule. 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 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. E. 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 7 D2.Revised 04/2019 (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. The CONSULTANT shall agree to waive its Right to Subrogation. 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. F. 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. G. 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. SECTION II-PERIOD OF SERVICE This CONTRACT will be binding upon execution and end upon completion of the construction related work not to exceed 9 months after execution of this contract. Design 2 of 7 D2 Revised 04/2019 SECTION III -CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed $73,520.00 (McHard Rd Trunk Sewer. B. The total compensation for the services performed shall not exceed $55,235.00 (McHard Rd Waterline Phase II. C. The CITY shall pay the CONSULTANT in monthly installments based upon Unit Prices shown in the SCOPE OF WORK attached. D. 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. E. CONSULTANT shall invoice for work performed during the preceding thirty day period ("Billing Period"). The Billing Period shall run from the 26th day to the 25th day of each consecutive month. Invoices shall be submitted to CITY not more frequently than once every 30 days. CONSULTANT shall be responsible for timely submittal of all invoices and CONSULTANT shall not be entitled to payment for invoices in arrears. All invoices shall reflect most recent single Billing Period only and represent the true, correct and accurate account of work performed during the Billing Period. F. For an agreed contract amount identified as "Lump Sum", Not to Exceed" and "Reimbursable" the CONSULTANT shall not exceed the fixed contractual amount without written authorization in the form of a Contract Amendment. CONSULTANT shall provide 45 days prior notice to the CITY in the event contract fees may exceed the fixed contract amount. CONSULTANT shall be responsible for ensuring that such authorization is complete and executed by all parties performing any work or submitting any invoices for work that exceeds the fixed contract amount under any expense category. G. Allowable Reimbursable Expenses CONSULTANT shall identify and include in the proposal any anticipated Reimbursable Expenses, and shall itemize Reimbursable Expenses by work category. Reimbursable Expenses shall be invoiced AT COST without subsequent markup by the CONSULTANT. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per the allowable category. Allowable Reimbursable Expenses include: • Hard copy reproductions, copies and/or binding costs • Postage Design 3 of 7 D2 Revised 04/2019 • Mileage, for travel from Consultant's local office (within a 25 mile radius) to meetings at the City or job-site. Mileage shall be charged at the current IRS rates. • Travel expenses, mileage from local office to State or federal regulatory agency office beyond 100 miles. • Lodging expenses, for destinations beyond 100 miles from the Consultant's local office AND when business hours exceed eight hours within one business day OR requires more than one eight hour day. F.2. Disallowed Expenses Disallowed Expenses include travel expenses for professional expertise traveling into the greater Houston area from Consultant offices outside of the greater Houston area. 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 its sub-consultant(s) or in any way affect the CONSULTANT's status as an independent contractor of the CITY. 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 2313 W. Sam Houston Pkwy North, Ste. 119, Houston, TX 77043. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. Design 4 of 7 D2 Revised 04/2019 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. 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. Design 5 of 7 D2 Revised 04/2019 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. AO 6-2-7 -f I OF17• AND, TEXAS DATE June 19, 2019 CONSULTANT DATE Design 6 of 7 D2 Revised 04/2019 House Bin 89 Verification I, Jay Sunderwala (Person name), the undersigned representative (hereafter referred to as "Representative") of Ninyo & Moore (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 with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE •SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 19 day of June , 2019 . 4,41,,,,, LAUREN SCHUHMACHER Q —rL� NotarylDN12G808445 f Vi/IGIL�/ 14. 7 My Commission Expires t G �+,*,E*�9 September 12,2021 Notary Public . Design 7 of 7 D2 Revised 04/2019 /lingo&/V►oore Geotechnlcal&Environmental Sciences Consultants June 6, 2019 Project No. 700930001 Mr. Jaime Dino City of Pearland 3519 Liberty Drive, Suite 300 Pearland, Texas 77581 Subject: Construction Materials Testing and Observation Services McHard Road Trunk Sewer and Phase 2 Waterline McHard Road from Cullen Boulevard to Mykawa Road Pearland, Texas Dear Mr. Dino: We are pleased to present this proposal to provide materials testing services at the subject site. In preparation of this proposal, we have reviewed the provided plans and specifications. The project will consist of the construction of a sanitary sewer trunk line and waterline. This proposal was prepared without the benefit of a construction schedule and is based on our assumptions as to the needed materials testing. Ninyo & Moore's Houston laboratory is supervised by registered civil engineers and meets the requirements of the ASTM E329, ASTM C1077, and ASTM D3740. Ninyo & Moore's testing equipment is calibrated annually by representatives utilizing equipment traceable to the National Institute of Standards and Technology, and regularly participates in Cement and Concrete Reference Laboratory (CCRL) and AASHTO's Material Reference Laboratory (AMRL) reference testing. In addition, we are accredited by the American Association for Laboratory Accreditation (A2LA).A list of our scope of accreditation can be found at the A2LA website,(www.a2la.org). SCOPE OF SERVICES • Perform field observation and in-place density testing during utility trench backfill and asphaltic pavement section construction operations. • Perform laboratory testing of soil materials such as Moisture-Density Relationships (Proctor), Atterberg Limits (PI), 200 Wash, and Asphalt pavement. Maximum density of asphaltic pavement will be determined by Hveem test method. • Perform laboratory testing to evaluate the compressive strength of cement stabilized sand and concrete samples. • Consultation and project management. 2313 W. Sam Houston Pkwy North, Ste. 119 I Houston, Texas 77043 I p. 713.973.8400 I www.ninvoandmoore.com ESTIMATED FEE We propose to provide our services on a time-and-materials basis accrued in accordance with the attached cost estimate. We estimate the fee for our services for the Trunk Sewer Line to be approximately $73,500 (Seventy-Three Thousand Five Hundred Dollars) and the fee for our services for the Phase 2 Waterline to be approximately $55,300 (Fifty-Five Thousand Three Hundred Dollars),for a total fee of$128,800 (One Hundred Twenty-Eight Thousand Eight Hundred Dollars). This proposal was based on two to three site visits per week as discussed with Mr. Jamie Dino. Any additional services requested and not part of the cost estimate will be charged in accordance with our attached Schedule of Fees. A breakdown of our fee is presented in the attached Table 1. To authorize our services, please provide an engagement letter, purchase order, or other convenient authorization vehicle. We look forward to working with you. Respectfully submitted, NINYO & MOORE 74" Joe Keys Ja Sunderwala, PE Project Manager Managing Principal Engineer JHK/JTS/Is Attachments: Schedule of Fees Table 1 —Breakdown of Estimated Fee Distribution: (1) Addressee (via email) Ninyo&Moore I McHard Road Trunk Sewer and Phase 2 Waterline,Pearland,Texas 1700930001 I June 5,2019 2 Schedule of Fees Hourly har Ces forWPersonnelm . . . .. . .. . . Professional Staff Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist $ 165 Senior Engineer/Geologist/Environmental Scientist $ 135 Senior Project Engineer/Geologist/Environmental Scientist $ 115 Project Engineer/Geologist/Environmental Scientist $ 120 Senior Staff Engineer/Geologist/Environmental Scientist $ 105 Staff Engineer/Geologist/Environmental Scientist $ 95 GIS Analyst $ 75 Technical Illustrator/CAD Operator $ 50 Field Staff Special Inspector(Concrete, Masonry,Structural Steel,Welding,and Fireproofing) $ 120 Nondestructive Examination Technician(UT, MT,LP) $ 120 Certified Asbestos/Lead Technician $ 115 Field Operations Manager $ 80 Supervisory Technician $ 70 Senior Technician $ 55 Technician $ 50 Administrative Staff Geotechnical/Environmental/Laboratory Assistant $ 40 Information Specialist $ 40 Data Processor $ 40 .Other Charges Concrete Coring Equipment(includes technician) $ 190/hr Anchor Load Test Equipment(includes technician) $ 190/hr GPR Equipment $ 180/hr Inclinometer $ 100/hr Hand Auger Equipment $ 80/hr Rebar Locator(Pachometer) $ 25/hr Vapor Emission Kit $ 65/kit Nuclear Density Gauge $ 12/hr X-Ray Fluorescence $ 70/hr PID/FID $ 25/hr Air Sampling Pump $ 10/hr Field Vehicle $ 10/hr Expert Witness Testimony $ 400/hr Direct Expenses Cost plus 15% Special equipment charges will be provided upon request. Notes For field and laboratory technicians and special inspectors,overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday and Sunday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day and on holidays. Field technician and special inspection hours are charged at a 4-hour minimum,and 8-hour minimum for hours exceeding 4 hours. Invoices are payable upon receipt.A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days. The terms and conditions are included in Ninyo&Moore's Work Authorization and Agreement form. Ninvo&Moore I McHard Road Trunk Sewer and Phase 2 Waterline,Pearland,Texas 1 700930001 1 June 5,2019 TX2 Schedule of Fees for Laboratory Testing SOILS CONCRETE Atterberg Limits,D 4318 $ 65 Compression Strength,C 39 $ 17 California Bearing Ratio(CBR),D 1883,per point $ 215 Flexural Test,C 78 or C 293 $ 27 One Dimensional Consolidation,D 2435 $ 360 Splitting Tensile Strength,C 496 $ 110 Consolidation Additional Increments,D 2435 $ 50 Time of Setting of Cement by Vicat Needle,C 191 $ 250 Hydrometer Analysis,D 422 $ 120 Concrete Laboratory Mix Verification,Excluding cylinders $ 300 Double Hydrometer Analysis,D 4221 $ 175 Concrete Core Compressive Strength,Includes Prep,C 42 $ 90 Moisture Content,D 2216 $ 9 Concrete Core Measurement,C 174 $ 15 Moisture and Density,D 2937 $ 50 Concrete Coring Minimum Charge $ 350 Permeability,D 2434 $ 300 Concrete Coring—4"Diameter to 6-inch depth $ 110 Specific Gravity,D 854 $ 60 Concrete Coring Additional Thickness 6"to 12"depth $ 10/n Standard Proctor Density,D 698 $ 200 Concrete Coring Additional Thickness over 12"depth $ 15/in Modified Proctor Density,D 1557 $ 215 Compressive Strength Lt.Wt.Insulating Concrete,C 495 $ 30 (Rock corrections add$70) Unit Weight of Lt.Wt.Insulating Concrete,C 495 $ 25 Sieve Analysis,D 422 $ 60 Sieve Analysis,200 Wash,D 1140 $ 60 FIREPROOFING Swell Test,D 4546 $ 290 Density of SFRM,E 605 $ 40 Triaxial Shear,U.U.,D 2850 per point $ 75 Cohesion/Adhesion of SFRM,E 736 $ 30 Unconfined Compression,D 2166 $ 45 Pinhole Dispersion Test,D 4647 $ 285 ASPHALT Crumb Test Dispersion Test,D 4647 $ 40 Asphalt Mix Design Review,Job Spec $ 220 Lime Determination,PI Method $ 260 Asphalt Mix Design,5 points $ 1,700 Lime Determination,pH Method,D 62765 $ 240 Extraction,%Asphalt,including Gradation,Tex 210F $ 205 Compressive Strength Cement Stabilized Sand,D 1633 $ 65 Hveem Stability,Tex 208F $ 95/set Standard Proctor Density Treated Soils,D 698 $ 225 Bulk Density Lab Molded Samples,Tex 207F $ 55/set Modified Proctor Density Treated Soils,D 1557 $ 240 Bulk Density Core,Tex 207F $ 50 Molding Specimens,Tex 206F $ 65/set MASONRY Measurement of Asphalt Cores $ 15 Brick Absorption,24-hour submersion,C 67 $ 70 Asphalt Coring Minimum Charge $ 400 Brick Absorption,5-hour boiling,C 67 $ 70 Asphalt Coring—4"Diameter to 6-inch depth $ 95 Brick Absorption,7-day,C 67 $ 70 Concrete Coring Additional Thickness over 6"depth $ 10/in Brick Compression Test,C 67 . $ 35 Maximum Theoretical Unit Weight,Tex 227F $ 90 Brick Moisture as received,C 67 $ 35 Brick Measurement,C 67 $ 55 AGGREGATES CMU Block Compression Test,8x8x16,C 140 $ 90 Clay Lumps and Friable Particles,C 142 $ 50 CMU Block Unit Weight and Absorption,C 140 $ 85 Los Angeles Abrasion,C 131 or C 535 $ 200 CMU Block Moisture Content,C 140 $ 80 Organic Impurities,C 40 $ 50 CMU Block Measurement,C 140 $ 30 Sieve Analysis,Coarse Aggregate,C 136 $ 75 Compressive Strength,Grout prism,C 1019,each $ 50 Sieve Analysis,Fine Aggregate,C 136 $ 75 Compressive Strength,Mortar Cube,C 109,each $ 30 Decantation,C 117 $ 45 Specific Gravity,Coarse,C 127 $ 120 Specific Gravity,Fine,C 128 $ 135 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo&Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. Ninon R,Mnnra I TY I ahnratnry Tastinn Table 1 Breakdown of Estimated Fee (Trunk Sewer) Earthwork Engineering Technician 80 days @ 8 hours/day @ $ 50.00 /hour $ 32,000.00 Sample Pick Ups 3 days @ 4 hours/day @ $ 50.00 /hour $ 600.00 Engineering Technician (OT) 20 days @ 2 hours/day @ $ 75.00 /hour $ 3,000.00 Engineering Technician (OT) 5 days @ 8 hours/day @ $ 75.00 /hour $ 3,000.00 Vehicle Usage Charge 732 hours @ $ 10.00 /hour $ 7,320.00 Nuclear Density Gauge 720 hours @ $ 12.00 /hour $ 8,640.00 Laboratory Testing Standard Proctor Density, D 698 4 samples @ $ 200.00 /sample $ 800.00 Standard Proctor Density Treated Soils, D 698 2 samples @ $ 225.00 /sample $ 450.00 200 Wash 4 samples @ $ 55.00 /sample $ 220.00 Atterberg Limits 4 samples @ $ 65.00 /sample $ 260.00 CSS Compressives 80 samples @ $ 65.00 /sample $ 5,200.00 Subtotal $ 61,490.00 Asphalt Testing Engineering Technician Field Services 5 days @ 6 hours/day @ $ 50.00 /hour $ 1,500.00 Vehicle Usage Charge 30 hours @ $ 10.00 /hour $ 300.00 Nuclear Density Gauge 30 hours @ $ 12.00 /hour $ 360.00 Laboratory Testing Extraction/Gradation 5 each @ $ 205.00 /each $ 1,025.00 Hveem Stability 5 each @ $ 95.00 /each $ 475.00 Bulk Density Lab Molded Samples 5 sets @ $ 55.00 /set $ 275.00 Molding Specimens 5 sets @ $ 65.00 /set $ 325.00 Maximum Theoretical Unit Weight 5 each @ $ 90.00 /each $ 450.00 Subtotal $ 4,710.00 Engineering Review, Consultation and Data Processing Principal Engineer 8 hours @ $ 165.00 /hour $ 1,320.00 Project Manager 50 hours @ $ 80.00 /hour $ 4,000.00 Data Processor 50 hours @ $ 40.00 /hour $ 2,000.00 Subtotal $ 7,320.00 TOTAL ESTIMATED FEE $73,520.00 Nlnyo&Moore I McHard Road Trunk Sewer and Phase 2 Waterline,Pearland,Texas I 700930001 I June 5,2019 1 Table 1 - Breakdown of Estimated Fee (Waterline) , • Earthwork ° ° ' ., . °° Engineering Technician 60 days @ 8 hours/day @ $ 50.00 /hour $ 24,000.00 Sample Pick Ups 2 days @ 4 hours/day @ $ 50.00 /hour $ 400.00 Engineering Technician (OT) 20 days @ 2 hours/day @ $ 75.00 /hour $ 3,000.00 Engineering Technician (OT) 5 days @ 8 hours/day @ $ 75.00 /hour $ 3,000.00 Vehicle Usage Charge 568 hours @ $ 10.00 /hour $ 5,680.00 Nuclear Density Gauge 560 hours @ $ 12.00 /hour $ 6,720.00 Laboratory Testing Standard Proctor Density, D 698 4 samples @ $ 200.00 /sample $ 800.00 Standard Proctor Density Treated Soils, D 698 1 sample @ $ 225.00 /sample $ 225.00 200 Wash 4 samples @ $ 55.00 /sample $ 220.00 Atterberg Limits 4 samples @ $ 65.00 /sample $ 260.00 CSS Compressives 20 samples @ $ 65.00 /sample $ 1,300.00 Asphalt Testing . T Subtotal $ 45,605.00 Engineering Technician Field Services 5 days @ 6 hours/day @ $ 50.00 /hour $ 1,500.00 Vehicle Usage Charge 30 hours @ $ 10.00 /hour $ 300.00 Nuclear Density Gauge 30 hours @ $ 12.00 /hour $ 360.00 Laboratory Testing Extraction/Gradation 5 each @ $ 205.00 /each $ 1,025.00 Hveem Stability 5 each @ $ 95.00 /each $ 475.00 Bulk Density Lab Molded Samples 5 sets @ $ 55.00 /set $ 275.00 Molding Specimens 5 sets @ $ 65.00 /set $ 325.00 Maximum Theoretical Unit Weight 5 each @ $ 90.00 /each $ 450.00 Subtotal $ 4,710.00 Engineering Review,°'Consultation and Data Processing, . ' • , • ° Principal Engineer 8 hours @ $ 165.00 /hour $ 1,320.00 Project Manager 30 hours @ $ 80.00 /hour $ 2,400.00 Data Processor 30 hours @ $ 40.00 /hour $ 1,200.00 Subtotal $ 4,920.00 TOTAL ESTIMATED FEE , $55,235.00 Ninyo&Moore I McHard Road Trunk Sewer and Phase 2 Waterline,Pearland,Texas 1700930001 I June 5,2019 1 A!'®® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/30/2019 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 CONTACT Dealey, Renton&Associates PHONE FAX P. O. Box 12675 (A/C,No.Eat):510-465-3090 (A/C,No):510-452-2193 Oakland CA 94604-2675 E-MAILDSS: certificates@dealeyrenton.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Co of Ameri 25674 INSURED NINYOMOORI INSURER B:American Automobile Ins.Co. 21849 Ninyo&Moore Geotechnical& Environmental Sciences Consultants INSURER c:Evanston Insurance Company 35378 2313 W.Sam Houston Parkway N.Suite 119 INSURER D: Houston TX 77043 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1229057741 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 LTR TYPE OF INSURANCE NSD Wap POLICY NUMBER POLICY POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYVYI A X COMMERCIAL GENERAL LIABILITY Y Y 6308986R247 10/3/2018 10/3/2019 EACH OCCURRENCE $1,000,000 DAMAGE CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $1,000,000 X Contractual Liab MED EXP(Any one person) $10,000 _ X OCP PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: _ $ A AUTOMOBILE LIABILITY Y V 8108986R247 10/3/2018 10/3/2019 COMBaccidINEDent)SINGLE LIMIT $1,000,000 (Ea X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS y HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) A X UMBRELLA LIAB X_ OCCUR V V CUP9J428527 10/3/2018 10/3/2019 EACH OCCURRENCE $9,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $9,000,000 DED RETENTION$ $ B WORKERS COMPENSATION V SCW0089731901 5/1/2019 5/1/2020 X AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional Liab. Y MKLV7PL0003340 10/3/2018 4/3/2020 $5,000,00 per Claim &Contractor's $5,000,000 Annl Aggr Pollution Liab. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIS CERTIFICATE SUPERCEDES CERTIFICATE ISSUED 4/26/2019. REF: Project#700930001.COP/MCHARD ROAD TRUNK SEWER&PHASE 2 WATERLINE/COP PROJECT NO.WW1406/WA1601.GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED:City of Pearland,its officers,agents and employees are named as Additional Insured as respects General Liability and Auto Liability as required per written contract or agreement.General Liability is Primary/Non-Contributory per policy form wording.Waiver of Subrogation applies to Commercial General Liability,Automobile Liability and Workers Compensation.30 Day Notice of Cancellation. CERTIFICATE HOLDER CANCELLATION 30 Day NOC/10 Day for NonPay of Prem 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:Jaime Dino 3519 Liberty Drive AUTHORIZED REPRESENTATIVE Pearland TX 77581 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 6308986R247 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS INDUSTRYEDGE SM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage for any injury,damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured M. Who Is An Insured • Newly Acquired Or B. Incidental Medical Malpractice Formed Organizations C. Reasonable Force . Bodily Injury Or Property N. Injury To Co-Employees And Co-Volunteer Damage . Workers D. Non-Owned Watercraft.N Increased To Up To O. Medical Payments Limit 75 feet P. Knowledge And Notice Of Occurrence, Or E. Aircraft Chartered With Pilot Offense F. Extension Of Coverage • Damage To Q. Other Insurance Condition Premises Rented To You R. Unintentional Omission G. Personal Injury.Assumed by Contract S. Waiver Of Transfer Of Rights Of Recovery H. Increased Supplementary Payments Against Others To Us When Required By Contract I. Additional Insured • Owner, Manager Or Lessor Of Premises T. Amended Bodily Injury Definition J. Additional Insured Lessor Of Leased Equip- U. Amended Insured Contract Definition 1 Rail- ment road Easement K. Additional Insured State Or Political . V. Additional Definition • Written Contract Re- Subdivisions.Permits Relating To Premises quiring Insurance L. Additional Insured • State Or Political Subdivisions.Permits Relating To Operations PROVISIONS ever, coverage for any such additional organiza- A. BROADENED NAMED INSURED 1 UNNAMED tion will cease as of the. date, if any, during the SUBSIDIARIES , policy period, that you no longer are the sole owner of, or maintain the majority ownership in- The Named Insured in Item 1. of the Declarations terest in, such organization. is amended as follows: B. INCIDENTAL MEDICAL MALPRACTICE The person or organization named in Item 1. of the Declarations and any organization, other than 1. The following is added to the definition of"oc- a partnership, joint venture, limited liability corn- currence" in the DEFINITIONS Section: pany or trust, of which you are'the sole owner or Unless you are in the business or occupation in which you maintain the majority ownership in- of providing professional health care services, terest on the effective date of the policy. How- "occurrence" also means an act or omission CG D4 15 05 08(Rev.10-08) ©2008 The Travelers Companies, Inc. Page 1 of 8 COMMERCIAL GENERAL LIABILITY committed by any of your"employees" who is for "bodily injury" that arises out of providing employed by you as a registered nurse, Ii- or failing to provide "incidental medical ser- censed practical nurse, emergency medical vices" or "Good Samaritan services", except technician or paramedic, in providing or failing for insurance purchased specifically by you to to provide "incidental medical services" or apply in excess of the Limits of Insurance "Good Samaritan services"to a person. shown in the Declarations for this,Coverage 2. The following is added to the DEFINITIONS Part. Section: 6. The following is added to Paragraph 5. of a. "Incidental medical services" means SECTION III LIMITS OF INSURANCE: medical, surgical, dental, laboratory, x-ray For the purposes of determining the applica- or nursing service, treatment, advice or ble Each Occurrence Limit, all related acts or instruction; the related furnishing of food omissions committed by any of your "employ- or beverages; the furnishing or dispens- ees" in providing or failing to provide "inciden- ing of drugs or medical supplies or appli- tal medical services" or"Good Samaritan ser- ances; or first aid. vices"to any one person will be deemed to be b. "Good Samaritan services" means those one "occurrence". medical services rendered or provided in C. REASONABLE FORCE PROPERTY DAMAGE an emergency and for which no remu- EXCEPTION TO EXPECTED OR INTENDED IN- neration is demanded or received. JURY EXCLUSION 3. The following is added to Paragraph 2.a.(1) The following replaces Exclusion a., Expected Or of SECTION ll•WHO IS AN INSURED Intended Injury, in Paragraph 2. of SECTION 1�. Paragraphs (1) (a), (b), (c) and (d) above do COVERAGES • COVERAGE A BODILY IN- not apply to any of your"employees"who are JURY AND PROPERTY DAMAGE LIABILITY: employed by you as a registered nurse, Ii- a. Expected Or Intended Injury Or Damage censed practical nurse, emergency medical technician or paramedic but only while per- "Bodily injury" or"property damage" expected forming the services described in Paragraph or intended from the standpoint of the in- 1. above and while acting within the scope of sured. This exclusion does not apply to "bod- their employment by you. Any such "employ- ily injury" or "property damage" resulting from ees" rendering "incidental medical services" the use of reasonable force to protect any or"Good Samaritan services" will be deemed person or property. to be acting within the scope of their employ- D. NON-OWNED WATERCRAFT. INCREASED ment by you. TO UP TO 75 FEET 4. The following exclusion is added to Para- 1. The following replaces Paragraph (2) of Ex- graph 2. Exclusions of SECTION I • COV- clusion g., Aircraft, Auto Or Watercraft, in ERAGES • COVERAGE A BODILY INJURY Paragraph 2. of SECTION I COVERAGES AND PROPERTY DAMAGE LIABILITY: • COVERAGE A BODILY INJURY AND Sale of Pharmaceuticals PROPERTY DAMAGE LIABILITY: "Bodily injury" or "property damage" arising (2) A watercraft you do not own that is: out of the willful violation of a penal statute or (a) Less than 75 feet long; and ordinance relating to the sale of pharmaceuti- (b) Not being used to carry any person or cals committed by or with the knowledge or property fora charge. consent of the insured. 2. The following is added to SECTION II•WHO 5. The following is added to Paragraph 4.b., Ex- IS AN INSURED: cess, Insurance, of SECTION IV • COM- MERCIAL GENERAL LIABILITY CONDI- Any person who, with your expressed or im- TIONS: plied consent, either uses or is responsible for the use of a nonowned watercraft that is less This insurance is excess over any valid and than 75 feet and not being used to carry per- collectible "other insurance", whether primary, son or property for a charge is included as an excess, contingent or on any other basis,-that insured under this Coverage Part. is available to you or any of your"employees" Page 2 of 8 ©2008 The Travelers Companies, Inc. CGD415 05 08(Rev.10-08) COMMERCIAL GENERAL LIABILITY E. AIRCRAFT CHARTERED WITH PILOT of the owner,caused by: fire; explosion; light- The following is added to Exclusion g., Aircraft, ring; smoke resulting from such fire, explo- Auto Or Watercraft, in Paragraph 2. of SECTION sion, or lightning; or water. The Damage To I COVERAGES . COVERAGE A BODILY IN- Premises Rented To You Limit will apply to all JURY AND PROPERTY DAMAGE LIABILITY: "property damage" proximately caused by the same "occurrence", whether such damage This exclusion does not apply to an aircraft that results from: fire; explosion; lightning; smoke Is: resulting from such fire, explosion, or light- (a) Chartered with a pilot to any insured; and ping; or water; or any combination of any of (b) Not owned by any insured. these causes. F. EXTENSION OF COVERAGE DAMAGE TO The Damage To Premises Rented To You PREMISES RENTED TO YOU Limit will be the higher of: 1. The following replaces the last paragraph of a. $300,000; or SECTION I.COVERAGES•COVERAGE A b. The amount shown for the Damage To BODILY INJURY AND PROPERTY DAM- Premises Rented To You Limit in the AGE LIABILITY: Declarations for this Coverage Part.. Exclusions c. through n. do not apply to dam- 4. The following replaces Paragraph a. of the age to premises while rented to you, or tem- definition of "insured contract" in the DEFINI- porarily occupied by you with permission of TIONS Section: the owner, caused by: a. A contract for a lease of premises. How- a. Fire; ever, that portion of the contract for a lease of premises that indemnifies any b. Explosion; person or organization for damage to c. Lightning; premises while rented to you, or tempo- d. Smoke resulting from such fire, explosion, rarily occupied by you with permission of or lightning; or the owner, caused by: fire; explosion; e. Water. lightning; smoke resulting from such fire, explosion, or lightning; or water is not an A separate limit of insurance applies to this "insured contract"; coverage as described in SECTION III. LIM- G. PERSONAL INJURY • ASSUMED BY CON- ITS OF INSURANCE TRACT 2. The insurance under this Provision F. does The following replaces Exclusion e:, Contractual not apply to damage to premises while rented Liability in Paragraph 2. of SECTION I COV- to you, or temporarily occupied by you with ERAGES COVERAGE B PERSONAL AND permission of the owner, caused by: ADVERTISING INJURY LIABILITY:, a. Rupture, bursting, or operation of pres- "Advertising injury" for which the insured has as- sure relief devices; sumed liability in a contract or agreement. This b. Rupture or bursting due to expansion or exclusion does not apply to liability for damages swelling of the contents of any building or that the insured would have in the absence of the structure, caused by or resulting from wa- contract or agreement. ter;,or H. INCREASED SUPPLEMENTARY PAYMENTS" c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS . COVER- 3. The following replaces Paragraph 6. of SEC- AGES A AND B of SECTION I COVER- TION III.LIMITS OF INSURANCE AGES: Subject to 5. above, the Damage To Prem- b. Up to $2,500 for cost of bail bonds re- ises Rented To You Limit is the most we will quired because of accidents or traffic law pay under Coverage A for the sum of all violations arising out of the use of any damages because of "property damage" to ' vehicle to which the Bodily Injury Liability any one premises while rented to you, or , Coverage applies. We do not have to fur temporarily occupied by you with permission ' nish these bonds. CG D4 15 05 08(Rev.10-08) ©2008 The Travelers Companies, Inc. Page 3 of 8 COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 1.d. of performed by or on behalf of such SUPPLEMENTARY PAYMENTS • COVER- additional insured; or AGES A AND B of SECTION I " COVER- (3) Any premises for which coverage is AGES: excluded by another endorsement to d. All reasonable expenses incurred by the this Coverage Part. insured at our request to assist us in the 3. This Provision I. does not apply on any basis investigation or defense of the claim or to any person or organization for which cov- "suit", including actual loss of earnings up erage as an additional insured specifically is to $500 a day because of time off from added by another endorsement to this Cover- work. age Part. I. ADDITIONAL INSURED m OWNER, MANAGER J. ADDITIONAL INSURED 1 LESSOR OF LEASED OR LESSOR OF PREMISES EQUIPMENT 1. The following is added to SECTION II•WHO 1. The following is added to SECTION II WHO IS AN INSURED: IS AN INSURED: Any person or organization that you have Any person or organization that you have agreed in a "written contract requiring insur- agreed in a "written contract requiring insur- ance" to include as an additional insured on ance" to include as an additional insured on this Coverage Part is an insured, but: this Coverage Part is an insured, but: a. Only with respect to liability for "bodily in- a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or jury" or "property damage" that occurs, or "personal injury" caused by an offense "personal injury" caused by an offense committed, after you have entered into committed, after you have entered into that"written contract requiring insurance"; that "written contract requiring insurance"; and and b. Only if the "bodily injury", "property dam- b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in age" or "personal injury" is caused, in whole or in part, by acts or omissions of whole or in part, by acts or omissions of you or any person or organization per- you or any person or organization per- forming operations on your behalf, and forming operations,on your behalf, in the arises out of the ownership, maintenance maintenance, operation or use of equip- or use of that part of any premises leased ment leased to you by such additional in- to you under that "written contract requir- sured. ing insurance". in- 2. The insurance provided to such additional in- 2. The insurance provided to such additional sured under this Provision J. is subject to the sured under this Provision I. is subject to the following provisions: following provisions: a. The limits of insurance afforded to such a. The limits of insurance afforded to such additional insured shall be the limits additional insured shall be the limits which you agreed to provide in the "writ- which you agreed to provide in the "writ- ten contract requiring insurance", or the ten contract requiring insurance", or the limits shown in the Declarations for this limits shown in the Declarations for this Coverage Part,whichever are less; and Coverage Part, whichever are less; and b. The insurance afforded to such additional b. The insurance afforded to such additional insured does not apply to: insured does not apply: 1 Any "bodilyinjury" or " ro"property dam- (1) To any "bodily injury" or "property ' Op p y damage" that occurs, or "personal in- age" that occurs, or "personal injury" jury" caused by an offense commit- caused by an offense committed, af- ted, after the equipment lease ex- ter you cease to be a tenant in that pires; or premises; (2) Any structural alterations, new con- (2) If the equipment is leased with an operator. struction or demolition operations Page 4 of 8 ©2008 The Travelers Companies, Inc. CG D4 15 05 08(Rev.10-08) COMMERCIAL GENERAL LIABILITY • 3. This Provision J. does not apply on any basis hod, whichever is earlier. Any such newly ac- to any person or organization for which coy- quired or formed organization that you report erage as an additional insured specifically is in writing to us within 180 days after you ac- added by another endorsement to this Cover- quire or form the organization will be covered age Part. under this provision until the end of the policy K. ADDITIONAL INSURED STATE OR POLITI- period, even if there are more than 180 days CAL SUBDIVISIONS IN PERMITS RELATING TO remaining until the end of the policy period. PREMISES N. INJURY TO CO-EMPLOYEES AND CO- The following is added to SECTION II " WHO IS VOLUNTEER WORKERS AN INSURED: . The following is added to SECTION II " WHO IS Any state or political subdivision that has issued a AN INSURED: permit in connection with premises owned or oc- 1. Your "employees" are insureds with respect cupied by, or rented or loaned to, you, is an in- to "bodily injury" to a co-"employee" in the sured, but only with respect to "bodily injury", course of the co-"employee's" employment by "property damage", "personal injury" or "advertis- you, or to your"volunteer workers" while per- ing injury" arising out of the existence, ownership, forming duties relatedto the conduct of your use, maintenance, repair, construction, erection business, provided that this coverage for your or removal of advertising signs, awnings, cano- "employees" does not apply to acts outside pies, cellar entrances, coal holes, driveways, the scope of their employment by you or while manholes, marquees, hoist away openings, side- performing duties unrelated to the conduct of walk vaults, elevators, street banners or decora- your business. tions for which that state or political subdivision 2. Your "volunteer workers" are insureds with has issued such permit. respect to "bodily injury" to 'a co"volunteer L. ADDITIONAL INSURED " STATE OR POLITI- worker" while performing duties related to the CAL SUBDIVISIONS 1 PERMITS RELATING TO conduct of your business, or to your "employ- OPERATIONS ees" in the course of the "employee's" em- The following is added to SECTION II u WHO IS ployment by you, provided that this coverage AN INSURED: for your "volunteer workers" does not apply while performing duties unrelated to the con- Any state or political subdivision that has issued a duct of your business. permit is an insured, but only with respect tobod- ily injury", "property damage", "personal injury" or 3. Subparagraphs 2.a.(1)(a), (b) and (c) and "advertising injury" arising out of operations per- 3.a. of SECTION II WHO IS AN INSURED formed by you or on your behalf for which that do not apply to "bodily injury" for which insur-' state or political subdivision has issued such ance is provided by paragraph 1: or 2. above. permit. However, no such state or political subdi- O. MEDICAL PAYMENTS LIMIT vision is an insured for: The following replaces paragraph 7. of SECTION 1. "Bodily injury", "property damage", "personal III 1 LIMITS OF INSURANCE: injury" or"advertising injury" arising out of op- Subject to 5. above, the Medical Expense Limit is erations performed for that state or political the most we will pay under Coverage C for all subdivision; or medical expenses because of "bodily injury" sus- 2. "Bodily injury" or "property damage" included tained by any one person,and will be the higher within the "products • completed operations of: hazard". a. $10,000; or M. WHO IS AN INSURED • NEWLY ACQUIRED b. The amount shown on the Declarations OR FORMED ORGANIZATIONS for Medical Expense Limit. The following replaces Paragraph 4.a. of SEC- P. KNOWLEDGE AND. NOTICE OF OCCUR- TION II"WHO IS AN INSURED: RENCE OR OFFENSE - a. Coverage under this provision is afforded only The following is added to Paragraph 2. Duties In until the 180th day after you acquire or form The Event of Occurrence, Offense, Claim Or the organization or the end of the policy pe- CG D4 15 05 08(Rev. 10-08) ©2008 The Travelers Companies, Inc. Page 5 of 8 COMMERCIAL GENERAL LIABILITY Suit of SECTION IV.COMMERCIAL GENERAL ance" by the method described in c. LIABILITY CONDITIONS: below. Notice of an "occurrence" or of an offense which b. Excess Insurance may result in a claim must be given as soon as This insurance is excess over any of practicable after knowledge of the "occurrence" or the "other insurance", whether pri- offense has been reported to you, one of your mary, excess, contingent or on any "executive officers" (if you are a corporation), one other basis: of your partners who is an individual (if you are a (1) That is Fire, Extended Coverage, partnership), one of your managers (if you are a Builder's Risk, Installation Risk, limited liability company), one of your trustees or similar coverage for "your who is an individual (if you are a trust), or an work"; "employee" (such as an insurance, loss control or (2) That is Fire insurance for prem- risk manager or administrator) designated by you. ises rented to you or temporarily to give such notice. occupied by you with permission Knowledge by any other"employee" of an "occur- of the owner; rence" or offense does not imply that you also (3) That is insurance- purchased by have such knowledge. you to cover your liability as a Notice of an "occurrence" or of an offense which tenant for "property damage" to may result in a claim will be deemed to be given premises rented to you or tempo- as soon as practicable to us if it is given in good rarily occupied by you with per faith as soon as practicable to your workers' corn- mission of the owner;or pensation, accident, .or health insurer. This ap- (4) If the loss:arises out of the main- plies only if you subsequently give notice of the tenance or use of aircraft, "occurrence" or offense to us as soon as practi- "autos", or watercraft to the ex- cable after you, one of your"executive officers" (if tent not subject to Exclusion g. of you are a corporation), one of your partners who Section I • Coverage A• Bodily is an individual (if you are a partnership), one of Injury And Property Damage Li- your managers (if you are a limited liability corn- ability; or pany), one of your trustees who is an individual (if (5) That is available to the "insured you are a trust),.or an "employee" (such as an in- when the insured is an additional surance, loss control or risk manager or adminis- insured under any other policy, trator) designated by you to give such notice dis- including any umbrella or excess covers that the "occurrence" or offense may in- policy. volve this policy. When this insurance isexcess, we Q. OTHER INSURANCE CONDITION will have no duty under Coverages A or B to defend the insured against 1. The following replaces Paragraph 4., Other any "suit" if any provider of "other in- Insurance of SECTION IV 1 COMMERCIAL surance" has a duty to defend the in- GENERAL LIABILITY CONDITIONS: sured against that "suit". If no pro- 4. Other Insurance vider of "other insurance" defends, If valid and collectible "other insurance" is we will undertake to do so, lout we will available to the insured for a loss we be entitled to the insured's rights cover under Coverages A or B of this against all those providers of "other Coverage Part, our obligations are limited insurance". as follows: When this insurance is excess over a. Primary Insurance "other insurance", we will pay only our share of the amount of the loss, if This insurance is primary except when b. below applies. If this insur- any, that exceeds the sum of: ance is primary, our obligations are (1) The total amount that all such not affected unless any of the "other "other insurance" would pay for insurance" is also primary. Then, we the loss in the absence of this in- will share with all that "other insur- surance; and Page 6 of 8 ©2008 The Travelers Companies, Inc. CG D4 15 05 08(Rev.10-08) COMMERCIAL GENERAL LIABILITY (2) The total of all deductible and Insurance shown on the Declarations of self-insured amounts under that this Coverage Part. "other insurance". R. UNINTENTIONAL OMISSION We will share the remaining loss, if 1. The following is added to Paragraph ph6. Rep- any, with any"other insurance" that is not described in this Excess Insur- resentations of SECTION IV . COMMER- ance provision. CIAL GENERAL LIABILITY CONDITIONS: c. Method Of Sharing The unintentional omission of, or uninten- tional error in, any information provided by If all of the "other insurance" permits you which we relied upon in issuing this policy contribution by equal shares, we will shall not prejudice your rights under this in- follow this method also. Under this surance. approach each provider of insurance contributes equal amounts until it has 2. This Provision R. does not affect our right to paid its applicable limit of insurance collect additional premium or to exercise our or none of the loss remains, which- right of cancellation or nonrenewal in accor- ever comes first. dance with applicable insurance laws or regu- If any of the "other insurance" does lations. not permit contribution by equal S. WAIVER OF TRANSFER OF RIGHTS OF RE- shares, we will contribute by limits. COVERY AGAINST OTHERS TO US WHEN Underthis method, the share of each REQUIRED BY CONTRACT provider of insurance is based on the The following is added to Paragraph 8. Transfer ratio of its applicable limit of insur- of Rights of Recovery Against Others to Us of ance to the total applicable limits of SECTION IV COMMERCIAL GENERAL LI- insurance of all providers of insur- ABILITY CONDITIONS: ance. 2. The following definition is added to SECTION We waive any rights of recovery we may have V 1 DEFINITIONS: against any person or organization because of payments we make for "bodily injury", "property "Other insurance": damage", "personal injury" or "advertising injury" a. Means insurance, or the funding of arising out of: losses, that is provided by, through or on 1. Premises owned by you, temporarily occu- behalf of: pied by you with permission of the owner, or (1) Another insurance company; leased or rented to you; (2) Us or any of our affiliated insurance 2. Ongoing operations performed by you, or on companies, except . when the Non your behalf, under'a contract or agreement cumulation of Each Occurrence Limit with that person or organization; section of Paragraph, 5. of LIMITS OF INSURANCE (Section III) or the Non 3. "Your work"; or cumulation of Personal and Advertis- 4. "Your products". ing Injury limit sections of Paragraph We waive these rights only where you have 4. of LIMITS OF INSURANCE (Sec- agreed to do so as part of a "written contract re- tion III) applies; quiring insurance" entered into by you before, and (3) Any risk retention group; in effect when, the "bodily injury" or "property (4) Any self-insurance method or pro- damage" occurs, or the "personal injury" offense gram, other than any funded by you or"advertising injury"offense is committed. and over which this Coverage Part T. AMENDED BODILY INJURY DEFINITION applies; or The following replaces the definition of "bodily (5) Any similar risk transfer or risk man- injury" in the DEFINITIONS Section: agement method. b. Does not include umbrella insurance, or "Bodily injury" means bodily injury, mental an- excess insurance, that you bought spe- guish, mental injury, shock, fright, disability, hu- cifically to apply in excess of the.Limits of miliation, sickness or disease sustained by a per- CG D4 15 05 08(Rev. 10-08) ©2008 The Travelers Companies, Inc. Page 7 of 8 COMMERCIAL GENERAL LIABILITY son, including death resulting from any of these at "Written contract requiring insurance" means that any time. part of any written contract or written agreement U. AMENDED INSURED CONTRACT DEFINITION under which you are required to include a person RAILROAD EASEMENT or organization as an additional insured on this Coverage Part, provided that the "bodily injury" 1. Subparagraph c. of the definition of "insured and "property damage" occurs, and the "personal contract" in the DEFINITIONS Section is re- injuryisca sed by an offense committed: placed by the following: a. After the signing and execution of the contract c. Any easement or license agreement; or agreement by you; 2. Subparagraph f.(1) of the definition of "in- b. While thatart of the contract or agreement is sured contract" in the DEFINITIONS Section p g in effect; and is deleted. V. ADDITIONAL DEFINITION • WRITTEN CON- TRACT c. Before the end of the policy period. REQUIRING INSURANCE The following definition is added to the DEFINI- TIONS Section: Page 8 of 8 ©2008 The Travelers Companies, Inc. CG D4 15 05 08(Rev. 10-08) 8108986R247 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties,and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II—COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II—COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions. However, any"auto"that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered"auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured"against, and investigate or set- s any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is d us adv An Insured, of SECTION II—COVERED AUTOS vised of all proceedings and ac tions. LIABILITY COVERAGE: Any "employee" of yours is an "insured"while us- (ii) Neither you nor any other involved "insured" will make any settlement ing a covered "auto"you don't own, hire or borrow without our consent. in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED (iii) We may, at our discretion, participate LIMITS in defending the "insured" against, or in the settlement of, any claim or 1. The following replaces Paragraph A.2.a:(2), "suit". of SECTION II—COVERED AUTOS LIABIL- (iv)We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II—COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS. ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be with our consent for your investiga- cause of time off from work. tion of such claims and your defense F. HIRED AUTO — LIMITED WORLDWIDE COV- of the "insured" against any such ERAGE—INDEMNITY BASIS "suit", but only up to and included within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI-. LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Coy- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members to 'es and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one "loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident". (c) A member (if you are a limited liability corn- !. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE: tice of the"accident" or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto"of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tentWe will payupto $400 for "loss" to wearinga required of you by a written contract p signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the"accident" or"loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc.with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver of Subrogation as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 05/01/2019 Policy No. SCW0089731901 Endorsement No. Insured Ninyo&Moore Geotechnical&Environmental Sciences Consultants Premium Insurance Company American Automobile Insurance Company Countersigned by WC 00 03 13 (Ed.4-84) 1 of 1 ®1983 National Council on Compensation Insurance.