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Home My WebLink AboutR2023-048 2023-03-06DocuSign Envelope ID: 2FF1 F313-1 DA6-4BE9-B3C7-F76906610774 RESOLUTION NO. R2023-48 A Resolution of the City Council of the City of Pearland, Texas, awarding a contract for Ditch Cleaning Services to Texas Drainage Inc., in the estimated amount of $294,444.00, for the period of March 7, 2023 through March 6, 2024. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids were obtained for ditch cleaning services. Section 2. That the City Council hereby awards a contract to Texas Drainage, Inc., in the estimated amount of $294,444.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the purchase of ditch cleaning services. Reconstruction Project. PASSED, APPROVED and ADOPTED this the 6th day of March, A.D., 2023. DocuSigned by: rL T IFL E MAYOR ATTEST: ,-DocuSigned by: rrouct-s gliAiLcur �gEC22631 FFF416... FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: DocuSigned by: 6-A - E93CA�?9Sg&1 F4BG DARRIN NIT.COKER CITY ATTORNEY DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 City of Pearland 3519 Liberty Drive Pearland, TX 77581 SERVICE CONTRACT NO. ITB0722-19 Ditching Excavation Services THIS CONTRACT ("Contract") is entered into by and between the City of Pearland, a Texas home - rule municipal corporation ("City") and Texas Drainage Inc ("Contractor"), and consisting of the following parts: I. Summary of Contract Terms II. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Description of Services: Contract Amount: Effective Date: End Date: Renewals: Resolution No/Bid No: 11. Signatures Texas Drainage Inc. 29215-1 Waller Spring Creek Rd Waller, TX 77484 Contractor will provide City of Pearland ditch excavation services, as needed, in accordance with specifications of Bid #0722-19. $294,444.00 March 7, 2023 March 6, 2024 Not applicable 82023- 48 , ITB 0722-19 c-CITY,451EPEARLAND CON I�r. J TOR 7- In �Va (ft 7(u11 3/14/2023 19:38 AM CDT Purchasing Officer Date DocuSigned by: C F03 12 C74 423 Title: 3/14/2023 17:43 AM Pgate: Signed by: Date Superintendent/Manager Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority: ekcs - Zl - 23 Superintendent/Manager— up to $10,000 Director - $10,001 - $30,000 City Manager/Deputy/Assistant City Manager - $30,001 + City Council Resolution over $50,000 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 1 of 7 DocuSign Envelope ID: 2B2771DD-878A-4732-9278-FA97028B4713 III. Standard Contract Provisions WHEREAS, Contractor has bid to provide Services ("Services") in response to Request for Bid/Proposal No. ITB 0722-19 ("Solicitation"), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Services in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Contract is for one (1) year, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to zero (0) additional one-year periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Contract is for an estimated amount of $294,444.00 subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayable@pearlandtx.gov 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Contract is as follows: Name: TAMMY SUE AKIF Department: Engineering & Public Works Phone: 281.652.1826 Email: TAKIF@PEARLANDTX.GOV 5. Insurance; Bonds. (A) Before performance can begin under this Contract, the Contractor must deliver a Certificate of Insurance ("COI"), as proof of the required insurance coverages, to the City's Contract Administrator. Additionally, the COI must state that the City shall be provided no less than thirty (30) days' advance written notice of cancellation, material Service Contract Standard Form Page 2 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 2B2771DD-878A-4732-9278-FA97028B4713 change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within ten (10) days of the City Manager or his designee's written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B) Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Contract. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract. 6. Purchase Release Order. For multiple -release purchases of Services provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Services shall not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re- working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment D, the entirety of which, is attached to this is incorporated into this Contract. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Service Contract Standard Form Page 3 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 282771 DD-878A-4732-9278-FA97028B4713 Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors unless the subcontractors were identified in the bid/quote/proposal or approved by the Contract Administrator. 13. Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Pearland Attn: DANTE PRESCOD Title: ROW SUPERINTENDENT Address: 2016 OLD ALVIN ROAD, PEARLAND TX 77581 Phone: 281.652.1907 IF TO CONTRACTOR: TEXAS DRAINAGE INC. Attn: ROSEMARY SELVIDGE Title: Office Manager Address: 29215-1 Waller Spring Creek Rd Waller, TX 77484 Phone: 832.683.3443 17. Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR'S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL OR COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE PERFORMANCE OF THIS CONTRACTOR THAT PROVIDES FOR CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT. EXCEPT WHERE AN ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE CITY PROVIDES OTHERWISE, EACH PARTY TO THIS CONTRACT IS RESPONSIBLE FOR DEFENDING AGAINST AND LIABLE FOR PAYING ANY CLAIM, SUIT, OR JUDGMENT FOR DAMAGES, LOSS, OR COSTS ARISING FROM THAT PARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF Service Contract Standard Form Page 4 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 2B2771DD-878A-4732-9278-FA97028B4713 THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. THIS PROVISION DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO IS SUED BY A THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACT AS A THIRD - PARTY DEFENDANT AS ALLOWED BY LAW. 18. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator's fees. 19. Attorney's Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney's fees or other costs relating to the suit. 20. Termination. (A) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City's own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (B) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default shall provide the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract pursuant this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. 21. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 22. Limitation of Liability. The City's maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 23. Assignment. No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 24. Severability. Each provision of this Contract is considered to be severable and, if, for any reason, any provision or part of this Contract is determined to be invalid and contrary to Service Contract Standard Form Page 5 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 2B2771DD-878A-4732-9278-FA97028B4713 applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 25. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Contract (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 26. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Contract if required by said statute for items approved by the City Council. 27. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Brazoria County, Texas. 28. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 29. Public Information Act Requirements. This paragraph applies only to Contracts that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 30. Entire Agreement. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV. Special Terms and Conditions. None V. Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Service Contract Standard Form Page 6 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 2B2771DD-878A-4732-9278-FA97028B4713 Incorporated by Reference Only: Exhibit 1: RFB/RFP/Quote No. ITB 0722-19 Exhibit 2: Contractor's Bid/Proposal Response Service Contract Standard Form Page 7 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 2B2771DD-878A-4732-9278-FA97028B4713 ATTACHMENT A - SCOPE OF WORK Scope of services provided shall consist of ditch excavation services for the City of Pearland, as needed, per the specifications of Bid # ITB 0722-19. SCOPE OF WORK 1.0 The City of Pearland (City) seeks competitive bids for excavation and removal of excess material from ditches and from around fixtures within the limits of the excavation_ Reshape ditches in conformance with the lines, grades, and typical cross -sections located within the City right of way. Dispose of excess material in accordance with applicable federal, state, and local regulations_ Maintain ditch drainage during cleaning and reshaping work_ All work shall be in a first-class workmanlike manner acceptable to the City in all respects. 1.1 Cleanup of ditches to re-establish proper grade and remove vegetation and excess material. Valid Dig Ticket1811 must be submitted and completed before excavation takes place. t2 Grades need to be established and maintained in the ditches and between culvert ends_ Existing and proposed elevation survey to be submitted electronically to City of Pearland_ 1.3 Clean and expose culvert ends_ Upon cleaning Culverts or enclosed conduit, a vacuum truck or another method of cleaning will be used to collect all debris and sediment (and any water used in the jetting process) at the end of the culvert or pipe. Contractor is to properly dispose of all accumulated debris, sediment, and water from the worksite to an appropriate disposal site. t4 To ensure water flow in the drainage ditch, the minimum desired lengthwise slope is 1.0%_ It should never be less than 0.5%. The maximum for an unlined ditch is 5%., to the best of the contractor's ability based on location circumstances_ 1.5 Contractor shall furnish all signs, cones and flagmen to maintain proper traffic control and all traffic control measures that may be required. All traffic control must adhere to Texas Manual on Uniform Traffic Control Devices requirements and regulations_ 1.6 Supply of all tools, equipment and fuel_ 1.7 Assumption of Prime Contractor status including responsibility of all workplace safety and compliance with all applicable health and safety legislation. DocuSign Envelope ID: 2B2771DD-878A-4732-9278-FA97028B4713 ATTACHMENT B - BID/PRICING SCHEDULE Sid rk ITU 8722-14 Title Drainage Maintenance Contract Specification Responses Line Description UQM OTY Unit Price Extended 1 Ditch Regrade 76560 LF $3.65 $274,444.00 2 Culvert besilting (up to 36") BOO LF 512.50 $10,806.00 3 Hydro- Mulch Seeding 1000 SQFT S5.00 $5,000.00 Grand Total Extended Pnca 294,444,90 DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 ATTACHMENT C - INSURANCE REQUIREMENTS Purchasing Department City of Pearland 281.652.1775 3519 Liberty Drive ebidspearlandtx.qov Pearland, TX 77581 Contractor Insurance Requirements & Agreement Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractors policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers' Compensation Employers' Liability (WC) Statutory Limits $1,000,000 per occurrence For WC, CGL, and BAL, the City is to be provided a WAIVER OF SUBROGATION. CGL and BAL. City to be listed as additional insured and provided 30 - day notice of cancellation or material change in coverage. WC, CGL and BAL, City shall be provided 30 -day notice of cancellation or material change in coverage. CGL will include a non-contributory addendum. 2. Commercial General (Public) Liability (CGL) to include coverage for: a) Premises/Operations b) Products/Completed Operations c) Independent Contractors d) Personal Injury e) Contractual Liability Personal Injury - $1,000.000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - $2,000.000 3. Business Auto Liability (BAL) to include coverage for: a) Owned/Leased vehicles b) Non -owned vehicles c) Hired vehicles Combined Single Limit - $1,000,000 If the contract involves a professional service, the contractor will also be required to provide the City with professional lability insurance in an amount of at least $1,000.000. Certificate of Insurance forms may be emailed to: Purchasing Department at ebids(a pearlandtx.gov. Questions regarding required insurance should be directed to City of Pearland Purchasing Department. at ebids(pearlandtx. qov. This form must be signed and returned with your bid/quotation. You are stating that you do have the required insurance and if selected to perform work for the City, will provide a certificate of insurance. and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Bid # Company: DITCH CLEANING AND EXCAVATION SERVICES ITB-0722-19 TEXAS DRAINAGE,INC. Signature and Printed Name: autI_ ouc r fie. DocuSign Envelope ID: 2B2771DD-878A-4732-9278-FA97028B4713 ATTACHMENT D — WARRANTY Services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. DocuSign Envelope ID: 2B2771DD-878A-4732-9278-FA97028B4713 / ® CERTIFICATE OF LIABILITY INSURANCE A�o DDIYYYY) 1 DATE ((1MM/M/ 023 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 Marsh & McLennan Agency LLC 2500 City West Blvd., Suite 2400 Houston TX 77042 CONTACT Laura Oliver PHONE FAX (A/C, No, Ext): 713-780-6138 (A/C, No): 212-948-6342 ADDRESS: laura.oliver@marshmma.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: BITCO General Insurance Corporation 20095 INSURED DRAIN -3 Texas Drainage, Inc. Debbie Lippingwell 29215-1 Waller Spring Creek Rd Waller TX 77484 INSURER B : Texas Mutual Insurance Company 22945 INSURER c : Travelers Property Casualty Co of Amer 25674 INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 126688997 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 TYPE OF INSURANCE INSD DDL NSD SWUBR VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y CLP3719623 7/21/2022 7/21/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES ' PER: LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED x SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y Y CAP3719624 7/21/2022 7/21/2023 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y Y CUP2S16754322NF 7/21/2022 7/21/2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTION $ $10 000 $ g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A Y 0001226577 7/21/2022 7/21/2023 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Leased/Rented Equipment CLP3719623 7/21/2022 7/21/2023 Per Item Aggregate Deductible $100,000 $500,000 $1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability, Auto Liability and Umbrella Liability policies include a blanket automatic additional insured endorsement that provides additional insured status when there is an executed written contract that requires such status. The General Liability, Auto Liability, Umbrella Liability and Workers' Compensation policies include a blanket automatic waiver of subrogation endorsement that provides this feature only when there is an executed written contract that requires it. The General Liability policy contains a special endorsement with "Primary and Noncontributory" wording The City of Pearland is included as Additional Insured per attached Blanket Additional Insured endorsements. CERTIFICATE HOLDER CANCELLATION The City of Pearland 3519 Liberty Drive Pearland, TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Brett Herrington © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 Policy Number: CLP3719623 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LAND IMPROVEMENT CONTRACTORS EXTENDED UABIUTY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UABIUTY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of an of such provision. A X I Partnership and Joint Venture Extension B. X I Contractors Automatic Additional Insured Coverage — Ongoing Operations C. X I Automatic Waiver of Subrogation D. I X I Extended Notice of Cancellation, Nonrenewal E. I X I Unintentional Failure to Disclose Hazards F. X I Broadened Mobile Equipment G. X I Personal and Advertising Injury - Contractual Coverage H. X I Nonemployment Discrimination I. I X I Liquor Liability J. I X l Broadened Conditions K X l Automatic Additional Insureds — Equipment Leases L X I Insured Contract Extension - Railroad Property and Construction Contracts X I in the box next to the caption M. X I Construction Project General Aggregate Limits N. X Fellow Employee Coverage O. X I Care, Custody or Control P. X I Electronic Data Liability Coverage Q. X l Consolidated Insurance Program Residual Liability Coverage R I X I Automatic Additional Insureds — Managers or Lessors of Premises S. I X I Automatic Additional Insureds — State or Governmental Agency or Political Subdivisions — Permits or Authorizations T. I X I Contractors Automatic Additional Insured Coverage — Completed Operations U. I X I Additional Insured — Engineers, Architects or Surveyors A PARTNERSHIP AND JOINT VENTURE EXTENSION The following provision is added to SECTION II - WHO IS AN INSURED The last full paragraph which reads as follows: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you are an insured, but only with respect to liability arising out of "your work" on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for "your work" in connection with your interest in such partnership or joint venture. GL -3088 (10/19) -1- DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE - ONGOING OPERATIONS SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. Al work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance al l be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV - COMIVERCIAL GENERAL UABIUTY CONDITIONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of "your work" for that person or organization. D. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL Item A2.b. of the COMVION POLICY CONDITIONS , is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. GL -3088 (10/19) -2- DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 Item 9. of SECTION IV - CONINERCIAL GENERAL UABIUTY CONDITIONS , is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty (60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a above. E UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPNENT Item 12.b. of SECTION V - DEFINITIONS , is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you owl, rent or occupy. G. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL COVERAGE Exclusion 2.e. of SECTION I, COVERAGE B is deleted. H. NONEMPLOYNENf DISCRIINNAITON Unless "personal and advertising injury" is excluded from this policy: Item 14. of SECTION V - DEFINITIONS , is amended to include: "Personal and advertising injury" also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss, which is caused by "discrimination." SECTION V - DEFINITIONS , is amended to include: "Discrimination" means the unlawful treatment of individuals based on race, color, ethnic origin, age, gender or religion. Item 2. Exclusions of SECTION I, COVERAGE B , is amended to include: "Personal and advertising injury" arising out of "discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured; "Personal and advertising injury" arising out of "discrimination" by or at your, your agents or your "employees" direction or with your, your agents or your "employees" knowledge or consent; GL -3088 (10/19) -3- DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 "Personal and advertising injury" arising out of "discrimination" directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any dwelling, permanent lodging or premises by or at the direction of any insured; or Fines, penalties, specific performance or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of "discrimination." I. UQUOR UABIUTY Exclusion 2.c. of SECTION I, COVERAGE A , is deleted. J. BROADENED CONDITIONS Items 2.a and 2.b. of SECTION IV - COMVERCIAL GENERAL UABIUTY CONDITIONS, are deleted and replaced with the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: a You must see to it that we are notified of an "occurrence" or an offense which may result in a claim as soon as practicable after the "occurrence" has been reported to you, one of your officers or an "employee" designated to give notice to us. Notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Record the specifics of the claim or "suit" and the date received as soon as you, one of your officers, or an "employee" designated to record such information is notified of it; and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "employee" you designate to give us such notice learns of the claims or "suit." Item 2.e. is added to SECTION IV - CONIVERCIAL GENERAL UABIUTY CONDITIONS : 2.e. If you report an "occurrence" to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such "occurrence" to us at the time of "occurrence" shall not be deemed in violation of paragraphs 2.a, 2.b., and 2.c. However, you shall give written notice of this "occurrence" to us as soon as you are made aware of the fact that this "occurrence" may be a liability claim rather than a workers compensation claim. K AUTOMATIC ADDITIONAL INSUREDS - EQUIPMENT LEASES SECTION II - WHO IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, at least in part, by your maintenance, operation, or use by you of the equipment leased to you by such person or organization, subject to the following additional exclusions. The insurance provided to the additional insured does not apply to: 1. "Bodily injury" or "property damage" occurring after you cease leasing the equipment. 2. "Bodily injury" or "property damage" arising out of the sole negligence of the additional insured. GL -3088 (10/19) -4- DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 3. "Property damage" to: a Property owned, used or occupied by or rented to the additional insured; or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. L INSURED CONTRACT EXTENSION - RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS Item 9. of SECTION V - DEFINITIONS , is deleted and replaced with the following. 9. "Insured Contract" means: a A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; a An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. GL -3088 (10/19) -5- DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 M. CONSTRUCTION PROJECT GENERAL AGGREGATE IJIVITS This modifies SECTION III - UR/ITS OF INSURANCE A. For all sums which can be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C : 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard," and for medical expenses under COVERAGE C regardless of the number of: a Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C : 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. Payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E The provisions of SECTION III - UNITS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. GL -3088 (10/19) -6- DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 N. FELLOW EMPLOYEE COVERAGE Exclusion 2.e. Employers Liability of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.e. 'Bodily injury' to (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract"; or (2) Liability arising from any action or omission of a co -"employee" while that co -"employee" is either in the course of his or her employment or performing duties related to the conduct of your business. Item 2.a (1)(a) of SECTION II - WHO IS AN INSURED , is deleted and replaced with the following: 2.a (1)(a) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company), or to your "volunteer workers" while performing duties related to the conduct of your business. O. CARE, CUSTODY OR CONTROL Exclusion 2.j.4 of SECTION I, COVERAGE A. is deleted and replaced with the following: 2.j.4 Personal property in the care, custody or control of the insured. However, for personal property in the care, custody or control of you or your "employees," this exclusion applies only to that portion of any loss in excess of $25,000 per occurrence, subject to the following terms and conditions: (a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless of the number of occurrences. (b) This provision does not apply to "employee" owned property or any property that is missing where there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION III - UNITS OF INSURANCE is changed accordingly. (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. GL -3088 (10/19) -7- DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 (e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, including the loss of use of that property, as a result of each "occurrence." Our limit of liability under the endorsement as being applicable to each "occurrence" shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the event of "occurrence," claims or "suit" apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. P. ELECTRONIC DATA UABIUTY COVERAGE A. Exclusion 2.p. of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE UABIUTY in SECTION I — COVERAGES is replaced by the following: 2. Exclusions This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data -Related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury'. B. The following is added to Paragraph 2. EXCLUSIONS of SECTION I — COVERAGE B — PERSONAL AND ADVERTISING INJURY UABIUTY: 2. Exclusions This insurance does not apply to: Aces Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. GL -3088 (10/19) -8- DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 C. The following definition is added to Section V— DEFINITIONS : "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CAROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purposes of this coverage, the definition of "property damage" in SECTION V — DEFINITIONS is replaced by the following: "Property damage" means: a Physical injury to tangible property, including all resulting loss of use of that property. Al such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. Al such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. Al such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. Q CONSOUDAT ED INSURANCE PROGRAM RESIDUAL UABIUTY COVERAGE With respect to "bodily injury', "property damage", or `personal and advertising injury' arising out of your ongoing operations; or operations included within the "products -completed operations hazard", the policy to which this coverage is attached shall apply as excess insurance over coverage available to "you" under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a "residential project" or any deductible or insured retention, specified in the Consolidated Insurance Program. The following is added to Section V — Definitions "Residential project" means any project where 30% or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). A "residential project" does not include military owned housing, college/university owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons. Al other terms, provisions, exclusions and limitations of this policy apply. R AUTOMATIC ADDITIONAL INSUREDS - MANAGERS OR LESSORS OR PREMSES SECTION II —WHO IS AN INSURED is amended to include: Any person or organization with whom you agree in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises, designated in the written contract or written agreement, that is leased to you and subject to the following additional exclusions: GL -3088 (10/19) -9- DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance wi l l be excess. S. AUTOMATIC ADDITIONAL INSUREDS — STATE OR GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISIONS — PERMTS OR AUTHORIZATIONS SECTION II — WHO IS AN INSURED is amended to include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to: 1. "Bodily injury', "property damage" or "personal and advertising injury' arising out of operations performed for the federal government, state or municipality; or 2. "Bodily injury' or "property damage" included within the "products -completed operations hazard". This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. T. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE — CONPLEfED OPERATIONS SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the project designated in the contract, performed for that additional insured and included in the "products -completed operations hazard". This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance wi l l be excess. GL -3088 (10/19) -10- DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 U. ADDITIONAL INSURED - EN(NEERS, ARCHITECTS OR SURVEYORS SECTION II - WHO IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually required to be added as an additional insured to your policy. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury', "property damage" or "personal and advertising injury' arising out of the rendering of or the failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or 2. Supervisory, inspection or engineering services. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance wi I I be excess. GL -3088 (10/19) -11- DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 Policy Number: CLP3719623 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVANCE NOTICE OF CANCELLATION OR COVERAGE REDUCTION OR RESTRICTION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY POLICY POLLUTION LIABILITY COVERAGE PART SCHEDULE Number of Days Advance Notice: 30 If this policy is cancelled for any reason other than nonpayment of premium, or we make a material change that reduces or restricts the insurance afforded by a coverage part or policy (except for any reduction in the Units of Insurance due to claims payments), we will mail advance notice to any person or organization to whom you have agreed in a written contract to provide such notice, but only if: 1. The agent of record sends a written request to us to provide such notice, including the name and address of such person or organization, and 2. We receive such written request from the agent of record, including name and address, at least 14 days before the beginning of the applicable number of advance notice days shown above. All terms and conditions of this policy apply unless modified by this endorsement. GU -5059 (01/17) DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 BITCO GENERAL INSURANCE CORPORATION BITCO NATIONAL INSURANCE COMPANY Policy Number: CLP3719624 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROADENED COVERAGE - AUTOMOBILES The following modifies insurance provided under: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. 1 - Broad Form Named Insured 2 - Automatic Waiver of Subrogation 3 - Automatic Additional Insured 4 - Primary and Noncontributory - Other Insurance Condition 5 - Unintentional Failure to Disclose Hazards 6 - Extended Notice of Cancellation, Non -Renewal 7 - When We Do Not Renew 8 - Notice of Knowledge of Accident or Loss 9 - Employees as Insured 1. BROAD FORM NAKED INSURED 10 - Employee Hired Autos 11 - Bodily Injury Extension 12 - Hired Auto Physical Damage 13 - Enhanced Supplementary Payments 14 - Fellow Employee Coverage for Designated Positions 15 - Physical Damage — Transportation Expenses 16 - Rental Reimbursement Coverage 17 - Loan/Lease Gap Coverage 18 - Accidental Air Bag Discharge Coverage SECTION II. A. 1. - WHO IS AN INSURED - Paragraph d. is added: d. Any organization you newly acquire or form, except for a partnership, joint venture or limited liability company, and over which you maintain majority ownership or interest (51% or more) or for which you have assumed the active management, will qualify as a Named Insured if there is no other similar insurance available to that organization. However, coverage under this provision is only afforded until the end of the policy period or the 12 -month anniversary of the policy inception date, whichever is earlier. 2. AUTOMATIC WAIVER OF SUBROGATION Section IV — Business Auto Conditions, Paragraph A.5., Transfer of Rights of Recovery Against Others to Us , is deleted and replaced with the following: a If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for damages under this coverage form. AP -0402 (10/17) -1- DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 3. AUTOMATIC ADDITIONAL INSURED SECTION II - WHO IS AN INSURED, Paragraph Al, is amended to include as an "insured" any person or organization who is required by written contract or agreement to be an additional insured on your policy, but only with respect to liability arising out of operations performed by you or on your behalf for the additional insured. 4. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance - Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". 5. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 6. EXTENDED NOTICE OF CANCELLATION, NON -RENEWAL The CONNION POLICY CONDITIONS , Item A2.b. is deleted and replaced with the following: A2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. 7. WHEN WE DO NOT RENEW SECTION IV - BUSINESS AUTO CONDITIONS , is amended to add Item B.9.: a If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a above, it is agreed that you may extend the period of this policy for a maximum additional sixty (60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one-time sixty-day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a above. a NOTICE OF KNOWLEDGE OF ACCIDENT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Item A2.a is deleted and replaced with the following: 2. Duties in the Event of Accident, Claim Suit or Loss: a You must scc to it that we are notified of an "accident", "claim", "suit" or "loss" which may result in a claim as soon as practicable after the "occurrence" has been reported to you, a partner, a member, an officer, or an employee designated to give notice to us. Notice should include: (1) How, when and where the "accident" or "loss" occurred; AP -0402 (10/17) -2- DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. 9. EMPLOYEES AS INSURED The following is added to the Section II - Covered Autos Liability Coverage, Paragraph Al. Who Is An Insured provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. 10. EMPLOYEE HIRED AUTOS A Changes In Covered Autos Liability Coverage The following is added to the Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. B. Changes In General Conditions Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph 5.f. of the Other Insurance - Primary And Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow, and 2. Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". 11. BODILY INJURY EXTENSION SECTION V - DEFINITIONS , Paragraph C. is deleted and replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these, at any time. Mental anguish means any type of mental or emotional illness or disease. 12. HIRED AUTO PHYSICAL DAMAGE SECTION III.A.4. - Coverage Extensions - Paragraph c. is added: c. Hired Auto Physical Damage If Comprehensive, Specified Causes of Loss or Collision coverage is provided under this policy, then Hired Auto Physical Damage is provided for that coverage part subject to the following: (1) The most we will pay for any one "accident" or "loss" under this Hired Auto Physical Damage Coverage is the lesser of: (a) The any one "Accident" or "Loss" amount of $100,000; AP -0402 (10/17) -3- DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 (b) The actual cash value; or (c) Cost of repair. Our obligation to pay for a loss in c.(1) above will be reduced by a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. The deductible will be waived for "loss" caused by fire or lightning. (2) Subject to paragraph c.(1). above, we will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown in the declarations. (3) When you are required by written contract to indemnify a lessor for actual financial loss because of loss of use of a hired "auto" resulting from a covered "accident" or "loss", we will cover that financial loss subject to the limit specified in paragraph c.(1). 13. ENHANCED SUPPLEIVENTARY PAYMENTS SECTION II.A2.a COVERAGE EXTENSIONS, Supplementary Payments (2) and (4) are replaced by the following: (2) Up to $2,500 for the cost of bail bonds (including bonds for related traffic laws violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $350 a day because of time off from work. 14. FELLOW EMPLOYEE COVERAGE FOR DESIGNATED POSITIONS The Fellow Employee Exclusion contained in Section II.B.5. does not apply to the following positions or job titles: foreman, supervisor, manager, officer, partner or other senior level "employee". Coverage is excess over all other collectible insurance. 15. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES SECTION III.A4.a Transportation Expenses , is replaced by the following: a Transportation Expenses We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto". We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Cause of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expirations, when the covered "auto" is returned to use or we pay for its "loss". For autos provided with temporary transportation expense, the following physical damage coverage will apply: (1) The most we will pay for any one "accident" or "loss" under the temporary transportation expense physical damage coverage is the lessor of: (a) The any one "Accident" or "Loss" amount of $100,000; (b) The actual cash value; or (c) Cost of repair. Our obligation to pay for a loss in a.(1) above will be reduced by a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. The deductible will be waived for "loss" caused by fire or lightning. AP -0402 (10/17) -4- DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 (2) Subject to paragraph a.(1). above, we will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown in the declarations. (3) When you are required by written contract to indemnify a lessor for actual financial loss because of loss of use of a hired "auto" resulting from a covered "accident" or "loss", we will cover that financial loss subject to the limit specified in paragraph a.(1). 16. RENTAL REJNBURSEIVENT COVERAGE SECTION III.A.4. - Coverage Extensions - Paragraph d. is added. d. If you carry Comprehensive, Specified Causes of Loss or Collision coverage for the damaged covered "auto" as provided under this policy, then Rental Reimbursement Coverage is provided for that coverage part subject to the following: 1. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" other than theft, to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. 2. We will only pay for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto"; or, (b) 30 days. (c) Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred; or (2) $50 per day. 17. LOAWLEASE GAP COVERAGE Physical Damage Coverage is amended by the addition of the following: In the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the loan/lease, not to exceed $2,500 for any one vehicle or $25,000 annually in aggregate. For the purposes of this endorsement, "outstanding balance" means the amount you owe on the loan/lease at the time of loss less any amounts representing taxes, overdue payments, penalties, interest or charges resulting from overdue payments, additional mileage charges, excess wear and tear charges or lease termination fees, costs for extended warranties, credit Life Insurance; Health, Accident or Disability Insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 18. ACCIDENTAL AIR BAG DISCHARGE COVERAGE SECTION III.B.3.a - Exclusions . This exclusion does not apply to the accidental discharge of an air bag. AP -0402 (10/17) -5- DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 Policy Number: CLP3719624 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVANCE NOTICE OF CANCELLATION OR COVERAGE REDUCTION OR RESTRICTION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY POLICY POLLUTION LIABILITY COVERAGE PART SCHEDULE Number of Days Advance Notice: 30 If this policy is cancelled for any reason other than nonpayment of premium, or we make a material change that reduces or restricts the insurance afforded by a coverage part or policy (except for any reduction in the Units of Insurance due to claims payments), we will mail advance notice to any person or organization to whom you have agreed in a written contract to provide such notice, but only if: 1. The agent of record sends a written request to us to provide such notice, including the name and address of such person or organization, and 2. We receive such written request from the agent of record, including name and address, at least 14 days before the beginning of the applicable number of advance notice days shown above. All terms and conditions of this policy apply unless modified by this endorsement. GU -5059 (01/17) DocuSign Envelope ID: 2B2771DD-878A-4732-9278-FA97028B4713 TexasMutual® WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY WC420304B Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 7/21/22 at 12:01 a.m. standard time, forms a part of: Policy no. 0001226577 of Texas Mutual Insurance Company effective on 7/21/22 Issued to: TEXAS DRAINAGE INC This is not a bill NCCI Carrier Code: 29939 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com I (800) 859-5995 I Fax (800) 359-0650 Authorized representative 7/14/22 WC 42 03 04 B DocuSign Envelope ID: 2B2771DD-878A-4732-9278-FA97028B4713 TexasMutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. WC 42 06 01 Insured copy In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 7/21/22 at 12:01 a.m. standard time, forms a part of: Policy no. 0001226577 of Texas Mutual Insurance Company effective on 7/21/22 Issued to: TEXAS DRAINAGE INC This is not a bill NCCI Carrier Code: 29939 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com I (800) 859-5995 I Fax (800) 359-0650 Authorized representative 7/14/22 WC 42 06 01 DocuSign Envelope ID: 2B2771DD-878A-4732-9278-FA97028B4713 Tammy Akif From: Reno Wilkins Sent: Thursday, January 12, 2023 6:10 PM To: Dante Prescod Cc: Tammy Akif Subject: FW: Texas Drainage Insurance Certificate Attachments: Certificate.pdf APPROVED !. Reno Wilkins Risk Manager I Human Resources 3519 Liberty Dr I Pearland, TX 77581 P: 281.652.18331 M: 281.740.2364 From: Dante Prescod <DPrescod@pearlandtx.gov> Sent: Thursday, January 12, 2023 11:25 AM To: Reno Wilkins <rwilkins@pearlandtx.gov> Cc: Tammy Akif <takif@pearlandtx.gov> Subject: RE: Texas Drainage Insurance Certificate Reno, Thanks for reviewing. I reached out to the vendor for the corrected copy (Attached) please advise on your acceptance at your earliest convenience. Thanks Dante Prescod ROW Superintendent I Engineering & Public Works 2016 Old Alvin Rd I Pearland, TX 77581 P: 281.652.1907 I M: 281.824.2352 From: Reno Wilkins <rwilkins@pearlandtx.gov> Sent: Tuesday, January 10, 2023 11:15 AM To: Dante Prescod <DPrescod@pearlandtx.gov> Cc: Tammy Akif <takif@pearlandtx.gov> Subject: FW: Texas Drainage Insurance Certificate Good morning, Missing: Certificate Holder: City of Pearland 1 DocuSign Envelope ID: 2B2771DD-878A-4732-9278-FA97028B4713 3519 Liberty Dr. Pearland, TX 77581 Reno Wilkins Risk Manager I Human Resources 3519 Liberty Dr I Pearland, TX 77581 P: 281.652.1833 I M: 281.740.2364 From: Dante Prescod <DPrescod@pearlandtx.gov> Sent: Tuesday, January 10, 2023 11:06 AM To: Tammy Akif <takif@pearlandtx.gov>; Reno Wilkins <rwilkins@pearlandtx.gov> Subject: FW: Texas Drainage Insurance Certificate Reno, Attached is the Certificate of Insurance received from Texas Drainage. At your earliest convenience please advise on its acceptance. Our plan is to present this contract to Council at the February Meeting. Thanks in advance Dante Prescod ROW Superintendent I Engineering & Public Works 2016 Old Alvin Rd I Pearland, TX 77581 P: 281.652.19071 M: 281.824.2352 From: Zane Hayes <zane@texasdrainage.com> Sent: Tuesday, January 10, 2023 10:47 AM To: Dante Prescod <DPrescod@pearlandtx.gov> Subject: Fwd: Texas Drainage Insurance Certificate [EXTERNAL EMAIL] This email is from outside the COP organization. DO NOT CLICK links or OPEN attachments unless you recognize the sender and know the content is safe. Sent from my iPhone Begin forwarded message: From: Zane Hayes <zane@texasdrainage.com> Date: December 21, 2022 at 9:10:17 AM CST To: Dante Prescod <dprescod@pearlandtx.gov> Subject: Fwd: Texas Drainage Insurance Certificate 2 DocuSign Envelope ID: 2B2771DD-878A-4732-9278-FA97028B4713 Sent from my iPhone Begin forwarded message: From: John George <iohngeorge@texasdrainage.com> Date: December 21, 2022 at 8:48:40 AM CST To: Zane Hayes <zane@texasdrainage.com> Subject: Texas Drainage Insurance Certificate Zane, Forward this to the City. Sorry for the error. John John George General Manager Texas Drainage Inc. 29215-1 Waller Spring Creek Rd Waller TX 77484 Phone: 281-798-9948 cell Email: iohngeorge@texasdrainage.com DocuSign Envelope ID: 2B2771DD-878A-4732-9278-FA97028B4713 SCOPE OF WORK 1.0 The City of Pearland (City) seeks competitive bids for excavation and removal of excess material from ditches and from around fixtures within the limits of the excavation. Reshape ditches in conformance with the lines, grades, and typical cross -sections located within the City right of way. Dispose of excess material in accordance with applicable federal, state, and local regulations. Maintain ditch drainage during cleaning and reshaping work. All work shall be in a first-class workmanlike manner acceptable to the City in all respects. 1.1 Cleanup of ditches to re-establish proper grade and remove vegetation and excess material. Valid Dig Ticket/811 must be submitted and completed before excavation takes place. 1.2 Grades need to be established and maintained in the ditches and between culvert ends. Existing and proposed elevation survey to be submitted electronically to City of Pearland. 1.3 Clean and expose culvert ends. Upon cleaning Culverts or enclosed conduit, a vacuum truck or another method of cleaning will be used to collect all debris and sediment (and any water used in the jetting process) at the end of the culvert or pipe. Contractor is to properly dispose of all accumulated debris, sediment, and water from the worksite to an appropriate disposal site. 1.4 To ensure water flow in the drainage ditch, the minimum desired lengthwise slope is 1.0%. It should never be less than 0.5%. The maximum for an unlined ditch is 5%., to the best of the contractor's ability based on location circumstances. 1.5 Contractor shall furnish all signs, cones and flagmen to maintain proper traffic control and all traffic control measures that may be required. All traffic control must adhere to Texas Manual on Uniform Traffic Control Devices requirements and regulations. 1.6 Supply of all tools, equipment and fuel. 1.7 Assumption of Prime Contractor status including responsibility of all workplace safety and compliance with all applicable health and safety legislation. DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 ITB 0722-19 PURCHASING DIVISION INVITATION TO BID (ITB) ITB 0722-19 Issued: July 27, 2022 OFFERS SUBMISSION DEADLINE: *** Thursday. August 18. 2022 by 2:00PM CST *** NO LATE OFFERS SHALL BE ACCEPTED RESPONSES SHALL BE SUBMITTED TO: Bid document: Bidders should upload required, completed documents (signature lines must be signed; electronic signature is acceptable) as attachments under the "Response Attachments" tab on the https://pearland.ionwave.net website. If submitting by hard copy (electronic response is preferred). Pre -Proposal Conference shall be held: Wednesday, August 3, 2022 at 3:00 P.M. (CST) In Person or Virtual Option: See Bid Solicitation for information ********************************************* FOR ADDITIONAL INFORMATION All questions regarding this RFP should be submitted via email to ebids@peariandtx.gov. Questions and answers will be distributed by addendum via the e -bid website https://pearland.ionwave.net. Questions should be submitted in writing no later than 5:00 PM Monday, August 8, 2022 to ebids@pearlandtx.gov ********************************************** RETURN THIS COVER SHEET WITH RESPONSE: RESPONSES SHALL BE MAILED OR DELIVERED City of Pearland Attn. City Secretary's Office ITB 0722-19 3519 Liberty Drive Pearland, TX 77581 NAME AND ADDRESS OF COMPANY SUBMITTING PROPOSAL: TEXAS DRAINAGE, INC. 29215 -1 WALLER SPRING CREEK ROAD WALLER, TEXAS 77484 Contact Person: ROSEMARY SELVIDGE Title: OFFICE MANAGER Phone: ( ) 832-683-3443 Fax: ( ) 832-201-8442 Email: admi texasdrainage.com Signature: ] MerrY1 Printed Name: Rosemary Sefvidge Shall contract be available for Cooperative Agreement use? (See Section 11, page 10) Yes )( No Acknowledgment of Addenda: #1 X #2 X #3 X #4 #5 Page 3 of 35 Bid # Title Specification Responses Line Description UOM QTY Unit Price Extended 1 Ditch Regrade 76560 LF s 3. b5- 27'0'9 2 Culvert Desilting (up to 36") 800 LF t 17. • SO 6 10 OOO 3 Hydro- Mulch Seeding 1000 SQFT .1 5.00 S S 000. Grand Total Extended Price , 1+41.if. DO Drainage Maintenance Contract DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 0O .00 ao DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 'lire. HARTFORD Bid Bond Surety Department Bond No.nla KNOW ALL MEN BY THESE PRESENTS, That we, Texas Drainage, Inc. as Principal, hereinafter called the Principal, and the Hartford Fire Insurance Company , a corporation created and existing under the laws of the State of Connecticut , whose principal office is in Hartford, Connecticut , as Surety, hereinafter called the Surety, are held and firmly bound unto City of Pearland, Texas as Obligee, hereinafter called the Obligee, in the sum of ten percent (10%) of greatest amount bid Dollars ( $ 10% G.A.B. ), for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid for ITB 0722-19 Ditch Cleaning and Excavation Services NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the biddings or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 25th day of August A.D. 20 22. Witness (If Individual) By Attest (If Corporation) Attest caurn ourtney ' eec iSe146C Form S-3266-4 Printed in U.S.A. 12-70 Texas Drainage, Inc. ord Fire Insurance Company e -in-Fact (Title) (SEAL) tSEAL (SEAL) (SEAL) (SEAL) DocuSign Envelope ID: 2B2771DD-878A-4732-9278-FA97028B4713 Shelby Wiggins, Assistant Secretary ss. Lake Mary POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: Agency Code: Direct inquiries/Claims to: THE HARTFORD BOND, T-11 One Hartford Plaza Hartford. Connecticut 06155 Bond.Clalmsaailtheh artford.com call: 888.266.3488 or fax: 860-757-5835 MARSH & MCLENNAN AGENCY LLC 61-610074 X X [x Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby up to the amount of Unlimited : Sharon Cavanaugh, C.W. Adams, Roxanne G. Brune, Sharen Groppc•11, David R. Francine Hay, Beverly A. Ireland, Edward L. Moore, Kurt A. Risk, James W. Gloria Villa of HOUSTON, Texas make, constitute and appoint, Groppell, Tomforde, their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Joelle L. LaPierre, Assistant Vice President STATE OF FLORIDA COUNTY OF SEMINOLE} On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and wh ch executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of D rectors of said corporations and that (s)he signed hislher name thereto by like authority. Jessica Ciccone My Commission Hlt 122260 Expires June 20, 2025 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 25.2022 Signed and sealed in Lake Mary, Florida. Keith D. Dozois, Assistant Vice President DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your Agent. You may call The Hartford's Consumer Affairs toll -free telephone number for information or to make a complaint at: 1-800-451-6944 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdr.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the (agent) (company) (agent or the company) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ./TX4275-1 DocuSign Envelope ID: 2B2771DD-878A-4732-9278-FA97028B4713 THE HARTFORD Claims Inquiries Notice Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southwest Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford' s underwriting companies to the following: Phone Number: Fax — Claims E-mail Mailing Address : 888-266-3488 860-757-5835 or 860-221-3965 bond.claims rr,thehartford.com The Hartford BOND, T-12 One Hartford Plaza Hartford, CT 06155 Claims Inquiries Notice 2003 DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being tiled in accordance with Chapter 176. Local Government Code. by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1). Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006. Local Government Code. An offense under this section is a misdemeanor. OFFICE USE ONLY Date Received I Name of vendor who has a business relationship with local governmental entity. NA that you file an updated day after the date on which J Check this box if you are filing an update to a previously filed questionnaire. (The law requires filing later than the 7th business completed questionnaire with the appropriate authority not you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. NA Name of Officer Describe each employment or other business relationship with the local government officer, officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with Complete subparts A and B for each employment or business relationship described. Attach CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely other than investment income. from the vendor? or a family member of the the local government officer. additional pages to this Form to receive taxable income, income. from or at the direction income is not received from the Yes X No B. Is the vendor receiving or likely to receive taxable income. other than investment of the local government officer or a family member of the officer AND the taxable local governmental entity? Yes X No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. NONE J of the officer one or more gifts Check this box if the vendor has given the local government officer or a family member as described in Section 176.003(a)(2)(B). excluding gifts described in Section 176.003(a-1). J (g -2z- 2012 - Signature of ven ing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11.30.2015 DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 CITY OF PEARLANI) LOCAL BIDDER PREFERENCE CLAIM FORM Sections 271.905 and 271.9051 of the Texas Local Government Code authorize a municipality to consider a vendor's location in the determination of a bid award if the lowest bid received is from a business outside the municipality and contracting with a local bidder would provide the best combination of price and other economic benefits to the municipality. The City of Pearland has determined that the allowable preference shall be applied to local vendor's bids for the purposes of evaluation when requested in writing by local bidder and when determined to be in the best interest of the City to do so. This request form and any supporting documentation must be submitted with bid in order to be considered by the City of Pearland. Questions should be addressed to the Purchasing Department at 281-652-1790. Exclusions to the local preference include expenditures of $3,000 or less, and those purchases which are: sole -source, emergency, federally -funded, cooperative contracts, or via interlocal agreement. The local preference status will expire one year from the date of this form; for any subsequent requests for preference during this period, the applicant need only complete and submit section 3 of this form. The City Council requires the following information for consideration of a local bidder preference (information may be submitted in an attachment to this form): 1. Locations' Eligibility: Principal place of business in Pearland, Texas? Principal place of business is defined herein as any business which owns or leases a commercial building within the City limits and uses the building for actual business operations. a. If yes, identify name of business/DBA, address, and business structure: sole proprietorship, partnership, corporation, or other. b. Name and city of residence of owner(s)/partners/corporate officers; as applicable. 2. General Business Information: a. Year business established (Pearland location). b. Most recent year property valuation (if owned); real and personal property. c. Annual taxable sales (originating in Pearland). d. Is business current on all property and sales taxes at the time of this application? e. Total number of current employees and number of Pearland-resident employees. 3. Economic Development benefits resulting from award of this contract: a. Number of additional jobs created or retained for Pearland resident -employees'? b. Amount of additional City of Pearland ad valorem and/or sales taxes anticipated? Please explain how the amount has been determined. c. Local subcontractors utilized, if applicable: name, location and contract value for each. d. Other economic development benefit deemed pertinent by applicant. DocuSign Envelope ID: 2B2771DD-878A-4732-9278-FA97028B4713 Local Bidder Preference Claim Form, page 2 Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. City Bid No./Quote for which the local preference is requested: NA (Name of BBiidder) / V (Date) (Signature) (Print) THE STATE OF TEXAS § COUNTY OF Appeared before me the above -named IV A pP , known to me to be the same, and swore that the information provided in response to the foregoing questions are true and correct to the best of his/her knowledge and belief, this day of , 20_. wA NOTARY PUBLIC, STATE OF TEXAS Printed Name: Commission Expires: DocuSign Envelope ID: 2B2771DD-878A-4732-9278-FA97028B4713 ITB 0722-19 Addendum 3 Ditching Maintenance Issue Date: 7/27/2022 Response Deadline: 8/25/2022 02:00 PM (CT) City of Pearland Texas Contact Information Contact: Vanessa Elam Address: City Hall Annex 3523 Liberty Drive Pearland, TX 77581 Phone: (281) 652-1790 Email: velam@pearlandtx.gov Page 1 of 4 pages Deadline: 8/25/2022 02:00 PM (CT) ITB 0722-19 Addendum 3 DocuSian Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 Event Information Number: ITB 0722-19 Addendum 3 Title: Ditching Maintenance Type: ITB-Sealed Issue Date: 7/27/2022 Response Deadline: 8/25/2022 02:00 PM (CT) Notes: Non -Mandatory Pre -Bid Meeting will be held in person at City Council Chambers or via WebEx on Wednesday August 10, 2022 @ 3:00 PM Join from meeting link: https://pearlandtx.webex.com/pearlandtx/j.php? MTID=m4e6970ebaa254574136782bebb927431 Join from meeting number: 408-418-9388 Meeting number (access code): 2551 444 6068 Meeting password: 2RsjdGe9i6p Bid Opening/Closing: Thursday August 25, 2022 @ 2:00 PM In Person: City Council Chambers Call In: #281-652-1955 Meeting: 1790# Code: 0971# Billing Information Address: City Hall Annex 3523 Liberty Drive Pearland, TX 77581 Phone: 281 (652) 1751 Email: ebids@pearlandtx.gov Bid Attachments ADDENDUM NO_(3) Questions and Answers.pdf ADDENDUM NO_(3) Questions and Answers Addendum No 2.pdf Addendum No 2 Addendum No 1.pdf Addendum No. 1 ITB 0722-19 BID Solicitation.pdf BID Solicitation Exhibit A - Scope of Work.pdf Exhibit A - Scope of Work Exhibit B - BID line items.xlsx Exhibit B - BID Line Items Download Download Down load Download Download Download Page 2 of 4 pages Deadline: 8/25/2022 02:00 PM (CT) ITB 0722-19 Addendum 3 DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 CAIIIUIL v - Jd111f.JIC l.v�fL�CIGt.�.lu� Download Exhibit D - Sample Contract Local Bidder Preference.pdf Local Bidder Preference Insurance Requirements Form 2022.pdf Insurance Requirements Conflict of Interest.pdf Conflict of Interest Contractor Questionnaire.pdf Contractor Questionnaire Non -Collusion Statement.pdf Non -Collusion Statement House and Senate Bill Forms.pdf House and Senate Bill Forms Vendor References.pdf Vendor References Bid Lines Download Download Download Download Download Download Download 1 Grand Total Extended Price Quantity: 1 UOM: TOTAL Supplier Notes: Unit Price: Total: 1$191, H4fL,4O,6 No bid Additional notes (Attach separate sheet) Page 3 of 4 pages Deadline: 8/25/2022 02:00 PM (CT) ITB 0722-19 Addendum 3 DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 Supplier Information Company Name: TEXAS DRAINAGE, INC. Contact Name: ROSEMARY SELVIDGE Address: 29215 - 1 WALLER SPRING CREEK ROAD WALLER, TEXAS 77484 Prone: 832-683-3443 Fax: 832-201--8442 Email: admin@texasdrainage.com Supplier Notes By submitting your response, you certify that you are authorized to represent and • ind . u c. pany. PAUL DOUCETTE- PRESIDENT Print Name Signature Page 4 of 4 pages Deadline: 8/252022 02:00 PM (CD ITS 0722-19 Addendum 3 DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 ADDENDUM NO. 1 ADDENDUM TO THE REQUEST FOR PROPOSAL DITCHING MAINTENANCE DATE ISSUED: July 28, 2022 INVITATION TO BID (ITB): 0722-19 ORIGINAL PROPOSAL SUBMISSION DATE: August 18, 2022 (changed) August 25, 2022 Addendum No. 1, dated July 28, 2022, is hereby amended to the following: 1. Page 16 of 35 Section 20.0 Tentative Schedule of Events to be replaced in its entirety to read as follows are hereby incorporated, in full text 20.0 TENATIVE SCHEDULE OF EVENTS: ITB Release Date: Wednesday July 27, 2022 PM Pre -Bid Meeting: Wednesday, August 10, 2022 3:00 PM Deadline for Questions: Monday, August 15, 2022, at 5:00 PM ITB Due Date: Thursday August 25, 2022, at 2:00 PM Evaluations: August 2022 Mayor & Council Consideration: September 2022 Contract Effective (anticipated): TBD 2. ORIGINAL PROPOSAL SUBMISSION DATE: August 18, 2022 (changed) August 25, 2022 A. This Addendum shall be considered part of the bid documents for the above - mentioned project as though it had been issued at the same time and shall be incorporated integrally therewith. Where provisions of the following supplementary data differ from those of the original bid documents, this Addendum shall govern and take precedence. BIDDERS MUST SIGN THE ADDENDUM AND SUBMIT IT WITH THEIR BIDS. B. Proposers are hereby notified that they shall make any necessary adjustments in their estimates as a result of this Addendum. It will be construed that each bidder's proposal is submitted with full knowledge of all modifications and supplemental data specified herein. All other terms and conditions remain unchanged. All other terms and conditions remain the unchanged. Vanessa Elam v� E>, Contract Administrator COMPANY NAME: SIGNATURE: TEXAS DRAINAGE, INC. NOTE: Company name and signature must be the same as on the bid documents. DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 ADDENDUM TO THE INVITATION TO BID Ditching Maintenance (Changed) Ditch Cleaning and Excavation Services ADDENDUM NO. 2 DATE ISSUED: JULY 29,2022 INVITATION TO BID (ITB): 0722-19 ORIGINAL PROPOSAL SUBMISSION DATE: August 18, 2022 (Changed) August 25, 2022 Addendum No. 2, dated July 29, 2022, is hereby amended to the following: 1. ITB 0722-19 Ditching Maintenance changed in its entirety to read as ITB 0722-19 Ditch Cleaning and Excavation Services 2. lonwave Bidding System dates are updated in its entirety to read as follows. Close Date and Time August 25, 2022 @ 2:00 (CST) Pre -Bid Meeting, Wednesday, August 10, 2022, @ 3:00 PM (CST) Bid Opening/Closing, Thursday August 25, 2022 @ 2:00 PM (CST) A. This Addendum shall be considered part of the bid documents for the above -mentioned project as though it had been issued at the same time and shall be incorporated integrally therewith. Where provisions of the following supplementary data differ from those of the original bid documents, this Addendum shall govern and take precedence. BIDDERS MUST SIGN THE ADDENDUM AND SUBMIT IT WITH THEIR BIDS. B. All other terms and conditions remain unchanged. Sheila Baker ,`.2z3 PURCHASING OFFICER COMPANY NAME: SIGNATURE: TEXAS DRAINAGE,INC. NOTE: Company name and signature must be the same as on the bid documents. ITB-0722-19, Ditch Cleaning and Excavation Services DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 ITB 0722-19 Ditch Cleaning and Excavation Services QUESTIONS AND ANSWERS ADDENDUM TO THE INVITATION TO BID DITCH CLEANING AND EXCAVATION SERVICES ADDENDUM NO. 3 DATE ISSUED: August 18,2022 INVITATION TO BID (ITB): 0722-19 Ditch Cleaning Excavation Services ORIGINAL PROPOSAL SUBMISSION DATE: August 18, 2022 (changed) August 25, 2022 Addendum No. 3, dated (August) 18, 2022 is hereby amended to the following: 1. Questions and Answers received via City of Pearland e -bid system are hereby incorporated, in full text, pages 2 This Addendum shall be considered part of the bid documents for the above - mentioned project as though it had been issued at the same time and shall be incorporated integrally therewith. Where provisions of the following supplementary data differ from those of the original bid documents, this Addendum shall govern and take precedence. BIDDERS MUST SIGN THE ADDENDUM AND SUBMIT IT WITH THEIR BIDS. All other terms and conditions remain the unchanged. VANESSA ELAM CONTRACT ADMINISTRATOR COMPANY NAME: TEXAS D INAGE, INC. SIGNATURE: NOTE: Company name and signature must be the same as on the bid documents. DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 ITB 0722-19 Ditch Cleaning and Excavation Services QUESTIONS AND ANSWERS 1. Please give clarification on 21.0 BIDS and 21.6 A completed Bidder Response to requirements, Exhibit D completed in Excel file and uploaded to a USB. (Hard Copy Submittals) 1 Please see answers in detail below. 2. Please clarify what is needed in the {Completed Bidders Response to Requirements} uu, page 16 of 35 Sections 21.0 "BIDS" will provide all instructions for electronic submittals and hard copy submittals. 3. Please clarify: (Exhibit D completed in Excel file and uploaded to USB} is that a mistake? Exhibit D is the Sample Contract and is not an Excel file, did you mean instead, Exhibit B which is an Excel file? y u: p,ige 16 of 35, Section 21.0 "BIDS" 21.6 should have read "For hard copy ONLY 4. Also, if we submit all BID documents electronically, do you still need scanned copy of documents on a USB? A- On page 6 of 35, Section 5.0 "Submission of Bids" 5.1 and 5.2 will explain how to submit BID response. 5. What percentage of the Bid should the Bid Bond be for? A- On ,_ 35 Section Bidder: ; where the Bond information is located for reference and information only. On Exhibit A "Scope of Work" there is no mention of bond. DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 ITB 0722-19 SECTION IV EXHIBIT A - Scope of Work (See Attachment) Exhibit A Texas Drainage,Inc. agrees to provide The City of Pearland with the requirements and services as listed on the the documents headed "Scope of Work" 1.0 through 1.7 Page 34 of 35 DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 3 0722-19 Yes X NO X X X X X X X X X a Contractor Questionnaire 1 Has the City of Pearland or other governmental entity incurred costs as a result o` contested change orders; from the undersigned company? 2 has the City of Peariand or other governmental entity been involved in litigation reiatrve to contract performance with the undersigned company? 3 Has the undersigned company failed to meet bid specifications or time limits on other contracts? = has the undersigned company abandonec a contract or refused to perform without -egal cause after submitting a bid? 5 Has the undersigned company had bidding errors or omissions in two or more bid submissions within a thirty six (36) month period? 6 Has the undersigned company failed to perform or performed unsatisfactory on two or more contracts within a thirty six (36) month period? 7 Does the undersigned company have adequate equipment, personnel and expertise to complete the proposed contract? C Does the undersigned company have a -eccrd of safety violations in two or more contracts within a thirty six 136; month period? 9 Does the uncersigned have a criminal offense as an incident to obtaining or attempting to obtain a public or private contractor subcontract, or in the performance of such a contract or suocontract :ritnin a ten tip; year period 10. Has tine undersigned company been convicted or a criminal offense within a ten I so; year period of embez_lement, theft. briber?. falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which might affect -esponsbrlity as a municipal contractor? 11. Has the undersigned company been convicted of state or federal antitrust statutes within a ten lip; year period arising out of submission of bids o proposals? 12. Has the undersigned company been disbarred or had a similar proceeding by another governmentt entity? If you answered 'yes" to Items 1.6 or S-12 or answered "no" to Item 7 please attach a full explanation to this questionnaire TEXAS DRAINAGE, INC. Company Name Address Name 29215- 1 WALLER SPRING CREEK RD, WALLER, TEXAS 77484 PAUL DOUCETTE - _ PRESIDENT - OWNER Signature :Licte e;:e F• 8-'2,2-2022 Page 25 of 35 DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 City of Pearland 3519 Liberty Drive Pearland, TX 77581 Purchasing Department 281.652.1775 ebidsApearlandtx.gov Contractor Insurance Requirements & Agreement Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers' Compensation Employers' Liability (WC) Statutory Limits $1,000,000 per occurrence For WC, CGL, and BAL, the City is to be provided a WAIVER OF SUBROGATION. CGL and BAL, City to be listed as additional insured and provided 30 - day notice of cancellation or material change in coverage. WC, CGL and BAL, City shall be provided 30 -day notice of cancellation or material change in coverage. CGL will include a non-contributory addendum. 2. Commercial General (Public) Liability (CGL) to include coverage for: a) Premises/Operations b) Products/Completed Operations c) Independent Contractors d) Personal Injury e) Contractual Liability Personal Injury - $1,000,000 per person: Property Damage - $1,000,000 per occurrence; General Aggregate - $2.000.000 3. Business Auto Liability (BAL) to include coverage for: a) Owned/Leased vehicles b) Non -owned vehicles c) Hired vehicles Combined Single Limit - $1,000,000 If the contract involves a professional service, the contractor will also be required to provide the City with professional liability insurance in an amount of at least $1,000,000. Certificate of Insurance forms may be emailed to: Purchasing Department at ebids(a pearlandtx.gov. Questions regarding required insurance should be directed to City of Pearland Purchasing Department. at ebids(r�pearlandtx. qov. This form must be signed and returned with your bid/quotation. You are stating that you do have the required insurance and if selected to perform work for the City, will provide a certificate of insurance. and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Bid # DITCH CLEANING AND EXCAVATION SERVICES ITB-0722-19 Company: TEXAS DRAINAGE,INC. , /, Signature and Printed Name: auk. 1_. ouce-� DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 3 0722-19 REFERENCES FOR: TEXAS DRAINAGE, INC. Offeror must furnish, with this Bid, a list of three references from customers with a similar or larger operation as the City of Pearland. This document, or a similar version issued by your company, must be included with your Bid. Company Name: City of Bridge City 2615 Caulder Avenue Suite 500 Beaumont, Tx. 77702 Company Address: Manuel Mendoza - Project Manager Contact Name: Phone Number: Email Address: 409-833-3363 mmendoza@lja.com Description of Project/Work: Road Side Ditch and Culvert Cleaning and Repair Project TXDOT Houston District - Galveston County Company Name: RMC 6345-35-001 Company Address: 5407 Gulf Freeway , LaMarque, Tx. Contact Name: Jeffery Thompson - Supervisor Phone Number: 281-782-2358 Email Address: www.txdot.gov Ditch Cleaning and Reshaping on various highways in Description of Project/Work: Galveston County Page 27 of 35 DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 3 0722-19 References for: Texas Drainage, Inc. Company Name: TXDOT Lufkin District - Houston County RMC 6353-46-001 Company Address: 1123 East Loop 304 Crockett Tx. 75835 Contact Name: Darrell Neely - Supervisor Phone Number: Email Address: 436-544-2266 www.txdot.gov Description of Project/Work: Cleaning and Reshaping Ditches and Cleaning Culverts on various roads in Houston County. Page 28 of 35 DocuSign Envelope ID:2B2771DD-878A-4732-9278-FA97028B4713 B 0722-19 STATE OF TEXAS - SENATE BILL 13 VERIFICATION I, PAUL DOUCETTE the undersigned representative of (Person name) TEXAS DRAINAGE, INC. (Company or Business name) hereafter referred to as company, with at least 10 fulltime employees and if entering into a contract for more than $100,000 paid partially or fully with public funds, do hereby certify the above -named company, under the provisions of Subtitle A, Title 8, Government Code Chapter 809: 1 Does not boycott energy companies currently; and 2 Will not boycott energy companies during the term of the contract for goods or services with the above -named Company, business, or individual with City of Pearland. Pursuant to Section 2270.001, Texas Government Code: 3 "Boycott Energy Company" means, without an ordinary business purpose, 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 with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A) 4. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 3-aa-Zo2z PRESIDENT - OWNER DATE POSITION /TITLE SIGNATURE OF COMPAIV5-REPRESENTATIVE Page 32 of 35 DocuSign Envelope ID:2B2771DD-878A-4732-9278-FA97028B4713 B 0722-19 STATE OF TEXAS - SENATE BILL 2116 VERIFICATION PAUL DOUCETTE , the undersigned representative of (Person name) TEXAS DRAINAGE, INC. (Company or Business name) hereafter referred to as company, being an adult over the age of eighteen (18) years of age, do hereby certify the above -named company, under the provisions of Subtitle F, Title 10, Government Code Chapter 2274: 1 Will not grant direct or remote access to or control of critical infrastructure in this State, excluding access specifically allowed by the governmental entity for product warranty and support purposes; and 2. Is not owned by or the majority of stocks or other ownership interest of the company is held or controlled by: (i) individuals who are citizens of China, Iran, North Korea, Russia or a designated country; or (ii) a company or other entity, including a government entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia or a designated country; or headquartered in China, Iran, North Korea, Russia or a designated country. Regardless of whether the company's or its parent company's securities are publicly traded; or the company or its parent company is listed on the New York Stock Exchange as: a Chinese, Iranian, North Korean or Russian company; or a company of a designated country. Pursuant to Section 2274, Texas Government Code: 3 "Critical Infrastructure" means a communication infrastructure system, cybersecurity system, electrical grid, hazardous waste treatment system, or water treatment facility. 4. "Cybersecurity" means" the measures taken to protect a computer, computer network, computer system, or other technology infrastructure against unauthorized use or access. 5. "Designated Country" means a country designated by the Governor as a threat to the critical infrastructure under Section 113.003. S - 22-2022 PRESIDENT - OWNER DATE POSITION /TITLE II � SIGNATURE OF"COMPANY REPRESENTATIVE Page 31 of 35 DocuSign Envelope ID:2B2771DD-878A-4732-9278-FA97028B4713 B 0722-19 STATE OF TEXAS - SENATE BILL 19 VERIFICATION l PAUL DOUCETTE , the undersigned representative of TEXAS DRAINAGE, INC. (Person name) (Company or Business name) hereafter referred to as company, with at least 10 fulltime employees and if entering into a contract for more than $100,000 paid partially or fully with public funds, do hereby certify the above -named company, under the provisions of Subtitle F, Title 10, Government Code Chapter 2274: 1 Does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and 2. Will not discriminate during the term of the contract against a firearm entity or firearm trade association. Pursuant to Section 2274.001, Texas Government Code: 3 "Firearm" means a weapon that expels a projectile by the action of explosive or expanding gases. 4. "Firearm accessory" means a device specifically designed or adapted to enable an individual to wear, carry store or mount a firearm on the individual or on a conveyance and an item used in conjunction with or mounted on a firearm that is not essential to the basic function of the firearm. The term includes a detachable firearm magazine. 5. "Firearm entity" means (a) a firearm, firearm accessory, or ammunition manufacturer, distributer, wholesaler, supplier, or retailer; and (b) a sport shooting range as defined by Section 250.02 of the Local Government Code. 6 "Firearm trade association" means any person, corporation, unincorporated association, federation, business league, or business organization that; (a) is not organized or operated for profit and for which not of its net earnings inures to the benefit of any private shareholder or individual; (b) has two or more firearm entities as members; and (c) is exempt for federal income taxation under Section 501 (a), Internal Revenue Code of 1986, as an organization described by Section 501 (c) of thatcode. V- 22-2o22. PRESIDENT- OWNER DATE j POSITION /TITLE SIGNATURE OF COMPANY REPRESENTATIVE Page 30 of 35 DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 B 0722-19 STATE OF TEXAS - HOUSE BILL 89 VERIFICATION PAUL DOUCETTE the undersigned representative of (Person name) TEXAS DRAINAGE, INC. (Company or Business name) hereafter referred to as company, being an adult over the age of eighteen (18) years of age, do hereby certify the above -named company, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1 Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract for goods or services with the above -named Company, business or individual with City ofPearland. Pursuant to Section 2270.001, Texas Government Code: 3 "Boycott Israel" means 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; and 4. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 5- AA- ?02D. DATE PRESIDENT - OWNER POSITION /TITLE r SIGNATURE OF COMPANY REPRESENTATIVE Page 29 of 35 DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 B 0722-19 USE FOR FEDERALLY FUNDED PROCUREMENTS ONLY CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, Oran employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 foreach suchfailure. (3) The Contractor, TEXAS DRAINAGE, INC. , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C„ 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official PAUL DOUCETTE - PRESIDENT Name and Title of Contractor's Authorized Official g- 22-2o 22 Date Page 33 of 35 DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 B 0722-19 NON -COLLUSION STATEMENT "The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this Bid in collusion with any other Bidder, and that the contents of this Bid as to prices, terms or conditions of said Bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this Bid." TEXAS DRAINAGE. INC. Vendor Address 29215 - 1 WALLER SPRING CREEK RD. WALLER TX. 77484 Phone Number 832-683-3443 Fax Number 832-201-8442 Email Address admin@texasdrainage.com Bidder (Signature) Position with Company PRESIDENT - OWNER Signature of Company Official Authorizing This Bid A 2 - - Company Official (Printed Name) HOLTEN DOUCETTE Official Position VICE PRESIDENT Page 26 of 35 DocuSign Envelope ID: 2B2771 DD-878A-4732-9278-FA97028B4713 ITB 0722-19 SECTION IV EXHIBIT A - Scope of Work (See Attachment) Exhibit A Texas Drainage,Inc. agrees to provide The City of Pearland with the requirements and services as listed on the the documents headed "Scope of Work" 1.0 through 1.7 Page 34 of 35