Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
R2024-045 2024-03-25
RESOLUTION NO. R2024-45 A Resolution of the City Council of the City of Pearland, Texas, authorizing a professional service contract with R.G. Miller Engineers, for engineering services associated with the Wooten Road Lift Station Decommissioning Project, in the estimated amount of $65,710.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for professional services associated with the Wooten Road Lift Station Decommissioning Project, a copy of which is attached hereto as Exhibit “A” and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for professional services associated with the Wooten Road Lift Station Decommissioning Project. PASSED, APPROVED and ADOPTED this the 25th day of March, A.D., 2024. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 0CD57C40-DC40-4143-AD02-00EC7FD2A8FE Design 1 of 8 D2. Revised 04/2019 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and R.G. Miller Engineers, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Wooten Road Lift Station Decommissioning ("PROJECT"). (Project #WW2407 Contract #P0324-12 ) SECTION I - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A.The CONSULTANT shall render the following professional engineering services: Basic service, bid phase services, construction phase services, additional services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B.The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C.The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D.The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E.The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 Design 2 of 8 D2 Revised 04/2019 F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers’ Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers’ Compensation. The CONSULTANT shall agree to waive its Right to Subrogation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits (“Change in Coverage”) except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT’S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 Design 3 of 8 D2 Revised 04/2019 own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end March 25, 2025. SECTION III - CONSULTANT'S COMPENSATION A.The total compensation for the services performed shall not exceed the total noted in Section B. B.The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1.Basic Services (Not to Exceed)$37,650.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Not to Exceed): $6,912.00 3. Bid Phase Services (Hourly Not to Exceed)$5,430.00 4. Construction Phase Services (Hourly Not to Exceed) $14,718.00 5. Reimbursable Expenses (Not to Exceed)$1,000.00 6.Total:$65,710.00 C.The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. D.CONSULTANT shall invoice for work performed during the preceding thirty day period (“Billing Period”). The Billing Period shall run from the 26th day to the 25th day of each consecutive month. Invoices shall be submitted to CITY not more frequently than once every 30 days. CONSULTANT shall be responsible for timely submittal of all invoices and CONSULTANT shall not be entitled to payment for invoices in arrears. All invoices shall reflect most recent single Billing Period only and represent the true, correct and accurate account of work performed during the Billing Period. E.For an agreed contract amount identified as “Lump Sum”, Not to Exceed” and “Reimbursable” the CONSULTANT shall not exceed the fixed contractual amount without written authorization in the form of a Contract Amendment. CONSULTANT shall provide 45 days prior notice to the CITY in the event contract DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 Design 4 of 8 D2 Revised 04/2019 fees may exceed the fixed contract amount. CONSULTANT shall be responsible for ensuring that such authorization is complete and executed by all parties performing any work or submitting any invoices for work that exceeds the fixed contract amount under any expense category. F.Allowable Reimbursable Expenses CONSULTANT shall identify and include in the proposal any anticipated Reimbursable Expenses, and shall itemize Reimbursable Expenses by work category. Reimbursable Expenses shall be invoiced AT COST without subsequent markup by the CONSULTANT. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per the allowable category. Allowable Reimbursable Expenses include: •Hard copy reproductions, copies and/ or binding costs •Postage •Mileage, for travel from Consultant’s local office (within a 25 mile radius) to meetings at the City or job-site. Mileage shall be charged at the current IRS rates. •Travel expenses, mileage from local office to State or federal regulatory agency office beyond 100 miles. •Lodging expenses, for destinations beyond 100 miles from the Consultant’s local office AND when business hours exceed eight hours within one business day OR requires more than one eight hour day. F.2. Disallowed Expenses Disallowed Expenses include travel expenses for professional expertise traveling into the greater Houston area from Consultant offices outside of the greater Houston area. SECTION IV - THE CITY'S RESPONSIBILITIES A.The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B.The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 Design 5 of 8 D2 Revised 04/2019 responsibility for errors or omissions of the CONSULTANT or its sub- consultant(s) or in any way affect the CONSULTANT’S status as an independent contractor of the CITY. SECTION V - TERMINATION A.The CITY, at its sole discretion, may terminate this CONTRACT for any reason -- with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 16340 Park Ten Place, Suite 350 Houston, TX 77084. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B.If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C.In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D.If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E.In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 Design 6 of 8 D2 Revised 04/2019 F.If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney’s fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 ____________________________ CONSULTANT DATE SECTION VI – ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII – COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. ____________________________ CITY OF PEARLAND, TEXAS DATE Design 7 of 8 D2 Revised 04/2019 03/04/2024 DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 3/27/2024 | 10:17 AM CDT DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 16340 Park Ten Place, Suite 350 - Houston, Texas 77084 - 713/461-9600 - fax 461-8455 February 22, 2024 Jasmine Acero, PMP Project Manager City of Pearland Engineering & Public Works 2016 Old Alvin Rd Pearland, TX 77581 RE: Wooten Road Lift Station Decommissioning Dear Ms. Acero: R. G. Miller Engineers, Inc. (RGM) respectfully submits this Scope of Work (SOW) and Fee regarding professional engineering services for the above referenced project. The SOW for this project can be seen in the attachment Exhibit A – Utilities Scope of Services for Wooten Road Lift Station Decommission. Feasibility of the construction of a gravity line for the decommissioning of the lift station is included in the scope of work under the Preliminary Design Phase Services task. If a gravity line solution is determined as infeasible, the City of Pearland will be informed immediately for further consideration. This proposal does not include design services in the event a gravity sanitary sewer is infeasible and a new sanitary sewer lift station and forcemain are needed. The Total Fee for the above described Scope of Work is $65,710.00 as outlined in the attached Summary Sheet. These fees are based on the attached Level of Effort Fee Estimates and Schedule for the project area. If you have any questions or require further information regarding the above, please do not hesitate to contact me. Sincerely, R. G. Miller Engineers, Inc. Alberto Espinoza, P.E. Project Manager AE/ki ATTACHMENTS M:\05164.000 Wooten Road Lift Station Decommissioning\Contracts\Proposal\Working Docs\COP Wooten Road LS Decommissioning.doc DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 Design 1 of 5 D13. Revised 2016 EXHIBIT A UTILITIES SCOPE OF SERVICES FOR WOOTEN ROAD LIFT STATION DECOMMISSIONING WW2407 DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 Design 2 of 5 D13. Revised 2016 1. BASIC SERVICES: The Consultant shall render the following professional engineering services to the OWNER in connection with the design of the Project. A) Project Management 1. Project Meetings a) 30% Submittal review and minutes b) 60% Submittal review and minutes c) 90% Submittal review and minutes d) Technical Review Committee (TRC) meeting and minutes 2. Invoicing to be completed using City’s project management system to include progress report and receipts for reimbursables. B) Preliminary Design Phase Services 1. Data Collection a) Attend Design Kick-Off meeting with City. i. Review City informational resources and make arrangements to obtain these. ii. Discuss objectives of project and adjacent projects. b) Procure such additional data as required through other services and/or sub consultants. 2. Feasibility Analysis a) Calculate necessary fall between existing wet well and nearby possible sanitary sewer outfalls and determine design feasibility. b) Determine proposed gravity line size based on existing inflow usage. 3. TCEQ Coordination/Approval a) Prepare letter to provide to TCEQ detailing project and obtaining No Objection for lift station decommissioning. DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 Design 3 of 5 D13. Revised 2016 C) Design Phase Services 1. Construction Plans a) Prepare Construction Plans and Specifications i. Submit for review detailed construction plans at 30%, 60%, 90%, & TRC. ii. Provide Traffic Control Plan and SWP3 plans and specifications, if required. iii. Submit plans for City Engineer’s signature. iv. Prepare Bid Set for distribution via the City’s e-bid system. b) Cost Estimates Submit for review detailed construction cost estimates at 60%, 90%, TRC, & Bid Set. 2. Project Manual a) Submit for review Draft Project Manual which includes bid form & completed “front end documents” at 90%. b) Submit Final Project Manual for TRC and Bid Set. 2. Bid Phase Services A) Provide Notice to Bidders (NTB) and list of bid items to the Project Manager in an electronic form appropriate for the e-bid system format. City is responsible for advertising. B) Provide electronic copy of bid-ready plans to the Project Manager for the e-bid system. C) Chair pre-bid meeting and attend Bid Opening D) Respond in writing to questions from bidders and prepare addenda, coordinate with Project Manager as necessary. E) Assist with design of Bid Proposal* F) Prepare Engineer’s Recommendation of Award Letter that includes the following required content: 1. Check for math errors and reconcile any mathematical discrepancies 2. Review for unbalance bid items DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 Design 4 of 5 D13. Revised 2016 3. Certified Bid Tabulation including Engineer’s estimate 4. Review of contractor’s financial standing and references provided 5. Explanation of discrepancies between the Engineer’s estimate and bids 6. Recommendation to award G) Attend City Council meeting and recommendation for award of Contract for Construction. H) Produce and transmit to selected contractor four (4) sets of plans and project manuals in hard copy, and one electronic format copy to Project Manager, in a format ready for execution with City’s Notice of Intent to Award (NOI). *This is the use of bid strategies to attain lowest possible prices for work, use of alternatives, etc. 3. Construction Phase Services A) Construction Administration 1. Attend pre-construction meeting to provide information & answer questions 2. Attend monthly progress meetings with Construction Manager, Contractor & City of Pearland 3. Review & comment on Construction’s submittals, RFIs, RFPs including coordination with Construction Manager on Change Directives & Change Orders using the City of Pearland’s project management system 4. Review & approve monthly pay applications coordinating with Construction Manager using the City of Pearland’s project management system 5. Provide interpretive guidance for Contractor, Construction Manager in resolution of problems 6. Coordinate with Construction Manager to review progress of work for Substantial Completion; with production of punch list; substantiation DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 Design 5 of 5 D13. Revised 2016 that items are completed; and issue both Certificate of Substantial Completion & Final Acceptance 7. Issue letter to City recommending acceptance & release of final payment 8. Coordinate contracts, CM/CI to provide complete record of As-Builts 9. Provide Record Drawings from Contractor’s As-Builts in electronic format & hard copy format to include shape file for GPS location of underground utilities in accordance with the City’s Engineering Design Criteria Manual. Definition: 1) As-Builts “redlines”: Contractor’s record of field changes to the work in line, grade & elevation 2) Record Drawings: Engineer’s incorporation of contractor’s As-Builts DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 February 22, 2024Revision: 03Summary of Contract AmountTaskBasic Task Type1.0 BASIC SERVICES (NOT TO EXCEED) 37,650.00$ Lump Sum2.0 BID PHASE SERVICES (HOURLY NOT TO EXCEED) 5,430.00$ Hourly3.0 CONSTRUCTION PHASE SERVICES (HOURLY NOT TO EXCEED) 14,718.00$ Hourly4.0 ADDITIONAL SERVICES (NOT TO EXCEED) 6,912.00$ Lump Sum5.0 REIMBURSABLE EXPENSES (NOT TO EXCEED) 1,000.00$ Time and MaterialTotal65,710.00$ Wootens Road Lift Station DecommissioningPage 1 of 1DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 February 22, 2024Revision: 03DIRECT LABOR COST 85$ 65$ 40$ 30$ 29$ 25$ HOURLY RATE INCLUDING MULTIPLIER ( 3X ) 255$ 195$ 120$ 90$ 87$ 75$ 1. BASIC SERVICESA) Project Management1. Project Meetingsa) 30% Submittal review and minutes 3 4 4 0 0 0 11 2,025.00$ b) 60% Submittal review and minutes 3 4 4 0 0 0 11 2,025.00$ c) 90% Submittal review and minutes 3 4 4 0 0 0 11 2,025.00$ d) Technical Review Committee review and minutes 3 4 4 0 0 0 11 2,025.00$ 2. Monthly Invoicing0 2 0 0 0 4 6 690.00$ Subtotal Hours12 18 16 0 0 450Subtotal Fee3,060.00$ 3,510.00$ 1,920.00$ -$ -$ 300.00$ 8,790.00$ B) Preliminary Design Phase Services1. Data Collectiona) Design Kick-off meeting with Cityi. Review of record drawings and city data 1 4 4 0 0 0 9 1,515.00$ ii. Discuss project objectives and adjacent projects 3 3 0 0 0 1 7 1,425.00$ b) Subconsultant coordination 1 4 0 0 0 2 7 1,185.00$ 2. Feasibility Analysisa) Calculate fall and determine feasibility 0 2 3 0 0 0 5 750.00$ b) Determine sewer size based on inflow usage 1 2 3 0 0 0 6 1,005.00$ 3. TCEQ Coordination/Approval1 3 4 0 0 2 10 1,470.00$ Subtotal Hours7181400544Subtotal Fee1,785.00$ 3,510.00$ 1,680.00$ -$ -$ 375.00$ 7,350.00$ Total CostFINAL DESIGN BASIC SERVICES LEVEL OF EFFORT (LOE) FEE ESTIMATEWootens Road Lift Station DecommissioningPrincipal / Managing DirectorGraduate Engineer ISenior CADD OperatorAdmin / ClericalTotal HoursCADD TechnicianProject ManagerPage 1 of 2DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 February 22, 2024Revision: 03DIRECT LABOR COST 85$ 65$ 40$ 30$ 29$ 25$ HOURLY RATE INCLUDING MULTIPLIER ( 3X ) 255$ 195$ 120$ 90$ 87$ 75$ Total CostFINAL DESIGN BASIC SERVICES LEVEL OF EFFORT (LOE) FEE ESTIMATEWootens Road Lift Station DecommissioningPrincipal / Managing DirectorGraduate Engineer ISenior CADD OperatorAdmin / ClericalTotal HoursCADD TechnicianProject ManagerC) Design Phase Services1. Construction Plansa) Prepare Construction Plans and Specificationsi. Submit 30%, 60%, 90% & TRC construction plans 6 16 27 20 19 0 88 11,343.00$ ii. Submit Traffic Control and Storm Water Pollution Prevention plans and specifications0 2 6 0 16 0 24 2,502.00$ iii. Submit plans for City Engineer's signature 0 1 1 0 0 0 2 315.00$ iv. Prepare Bid Set for distribution via the City's e-bid system 0 2 2 0 0 0 4 630.00$ b) Cost Estimate at 60%, 90%, TRC & Bid Set 2 6 6 4 0 0 18 2,760.00$ 2.. Project Manuala) Submit Draft Project Manual at 90% 1 4 4 0 0 2 11 1,665.00$ b) Submit Final Project Manual for TRC and Bid Set 1 6 6 0 0 2 15 2,295.00$ Subtotal Hours10 37 52 24 35 4162Subtotal Fee2,550.00$ 7,215.00$ 6,240.00$ 2,160.00$ 3,045.00$ 300.00$ 21,510.00$ TOTAL BASIC SERVICES HOURS29 73 82 24 35 13 256TOTAL BASIC SERVICES FEE7,395.00$ 14,235.00$ 9,840.00$ 2,160.00$ 3,045.00$ 975.00$ 37,650.00$ Page 2 of 2DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 February 22, 2024Revision: 03DIRECT LABOR COST 85$ 65$ 40$ 30$ 29$ 25$ HOURLY RATE INCLUDING MULTIPLIER ( 3X ) 255$ 195$ 120$ 90$ 87$ 75$ 2. BID PHASE SERVICESA) Prepare Notice to Bidders and list of Bid Items for e-bid system0 2 2 0 0 1 5 705.00$ C) Pre-Bid Meeting and Bid Opening0 3 3 0 0 1 7 1,020.00$ D) Respond to questions from bidders and prepare addenda0 3 3 0 0 2 8 1,095.00$ E) Assist with design of Bid ProposalF) Prepare Engineer's Recommendation of Award Letter1. Check for math errors and reconcile any mathematical discrepancies0 0 1 0 0 2 3 270.00$ 2. Reivew for unbalanced items0 0 0 0 0 1 1 75.00$ 3. Certified Bid Tabulation including Engineer's estimate0 1 0 0 0 2 3 345.00$ 4. Review of contractor's financial standing and references provided0 1 1 0 0 0 2 315.00$ 5. Explanation of discrepancies betweeen the Engineer's estimate and bids0 1 0 0 0 0 1 195.00$ 6. Recommendation to award0 1 0 0 0 0 1 195.00$ G) Attend City Council Meeting0 3 3 0 0 0 6 945.00$ H) Produce and transmit to selected contractor four (4) sets of plans and project manuals in hard copy and one electronic format copy to Project Manager0 0 1 0 0 2 3 270.00$ TOTAL BID SERVICES HOURS01514001140TOTAL BID SERVICES FEE-$ 2,925.00$ 1,680.00$ -$ -$ 825.00$ 5,430.00$ Total CostFINAL BID PHASE SERVICES LEVEL OF EFFORT (LOE) FEE ESTIMATEWootens Road Lift Station DecommissioningPrincipal / Managing DirectorProject ManagerGraduate Engineer ISenior CADD OperatorCADD Technician Admin / ClericalTotal HoursPage 1 of 1DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 February 22, 2024Revision: 03DIRECT LABOR COST 85$ 65$ 40$ 30$ 29$ 25$ HOURLY RATE INCLUDING MULTIPLIER ( 3X ) 255$ 195$ 120$ 90$ 87$ 75$ 3. CONSTRUCTION PHASE SERVICESA) Construction Administration1. Attend pre-construction meeting03 3 0006945.00$ 2. Attend Monthly Progress Meetings and prepare site inspection reports (4 @ 3 hrs each)0 8 16 0 0 4 28 3,780.00$ 3. Review and comment on Constractor's submittals (estimate 10), RFIs (estimate 5), and RFPs including coordination on Change Directives and Change Orders (estimate 2)2 11 15 0 0 0 28 4,455.00$ 4. Review and approve monthly pay applications02 0 0002390.00$ 5. Provide interpretive guidance for Contractor and Construction Manager in resolution of problems03 3 0006945.00$ 6. Substantial Completion review with punch list, substantiation that items are completed, and issue Certificate of Substantial Completion & Final Acceptance0 8 10 0 0 0 18 2,760.00$ 7. Issue letter recommending acceptance & release of final payment11 0 0002450.00$ 8. Coordinate contracts, CM/CI to provide complete record of As-builts01 0 0001195.00$ 9. Provide Record Drawings from Contractor's As-builts1 1 0 0 4 0 6 798.00$ TOTAL CONSTRUCTION PHASE SERVICES HOURS4384704497TOTAL CONSTRUCTION PHASE SERVICES FEE1,020.00$ 7,410.00$ 5,640.00$ -$ 348.00$ 300.00$ 14,718.00$ Total Hours Total CostFINAL CONSTRUCTION PHASE LEVEL OF EFFORT (LOE) FEE ESTIMATEWootens Road Lift Station DecommissioningPrincipal / Managing DirectorProject Manager Graduate Engineer ISenior CADD OperatorCADD Technician Admin / ClericalPage 1 of 1DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 February 22, 2024Revision: 03DESCRIPTIONFeeEstimate8% Mark UpAdditionalServices FeeTOPOGRAPHIC SURVEY 6,400.00$ 512.00$ 6,912.00$ SUBTOTAL6,400.00$ 512.00$ 6,912.00$ Total Additional Services Fee6,912.00$ FINAL DESIGN ADDITIONAL SERVICES LEVEL OF EFFORT (LOE) FEE ESTIMATEWootens Road Lift Station DecommissioningPage 1 of 1DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE American Guarantee and Liability Ins.Co Zurich American Insurance Company Evanston Insurance Company 2/28/2024 Propel Insurance 1201 Pacific Avenue; Suite 1000 COM Middle Market Tacoma, WA 98402-4321 Aaron Leavitt 800 499-0933 866 577-1326 aaron.leavitt@propelinsurance.com R G Miller Engineers, Inc DCCM LLC 16340 Park Ten Pl, Ste 350 Houston, TX 77084 26247 16535 35378 A X X X BI/PD Ded:2,000 X X GLO872027300 06/30/2023 06/30/2024 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 B X X X BAP87202400 06/30/2023 06/30/2024 1,000,000 A X X SXS808437600 06/30/2023 06/30/2024 10,000,000 10,000,000 B N WC872027200 06/30/2023 06/30/2024 X 1,000,000 1,000,000 1,000,000 C Professional, Pol MKLV7PL0006013 08/06/2023 06/30/2024 $5,000,000 Clm. $10,000,000 Agg. Project: Wooten Road LS Decommissioning City of Pearland 2016 Old Alvin Rd Pearland, TX 77581 1 of 1 #S6439925/M6090076 DCCMLLCClient#: 189537 SXH02 1 of 1 #S6439925/M6090076 DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 This page has been left blank intentionally. DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 U-GL-2168-A CW (02/19) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Additional Insured – Owners, Lessees Or Contractors – Completed Operations THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO872027300 Effective Date: 06.30.2023 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION, OTHER THAN AN ARCHITECT, ENGINEER OR SURVEYOR, WHOM YOU ARE REQUIRED TO ADD AS AN ADDITIONAL INSURED UNDER THIS POLICY UNDER A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS. ANY LOCATION OR PROJECT, OTHER THAN A WRAP-UP OR OTHER CONSOLIDATED INSURANCE PROGRAM LOCATION OR PROJECT FOR WHICH INSURANCE IS OTHERWISE SEPARATELY PROVIDED TO YOU BY A WRAP-UP OR OTHER CONSOLIDATED INSURANCE PROGRAM Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in such Schedule, performed for that additional insured and included in the "products-completed operations hazard". All other terms, conditions, provisions and exclusions of this policy remain the same. DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 U-GL-2169-A CW (02/19) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Additional Insured – Owners, Lessees Or Contractors – Scheduled Person Or Organization THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO872027300 Effective Date: 06.30.2023 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION, OTHER THAN AN ARCHITECT, ENGINEER OR SURVEYOR, WHOM YOU ARE REQUIRED TO ADD AS AN ADDITIONAL INSURED UNDER THIS POLICY UNDER A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS. ANY LOCATION OR PROJECT, OTHER THAN A WRAP-UP OR OTHER CONSOLIDATED INSURANCE PROGRAM LOCATION OR PROJECT FOR WHICH INSURANCE IS OTHERWISE SEPARATELY PROVIDED TO YOU BY A WRAP-UP OR OTHER CONSOLIDATED INSURANCE PROGRAM A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, 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 location(s) designated in such Schedule. B. 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. All 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 DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 U-GL-2169-A CW (02/19) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 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. All other terms, conditions, provisions and exclusions of this policy remain the same. DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 Other Insurance Amendment – Primary And Non- Contributory U-GL-1327-B CW (04/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem. GLO872027300 6.30.2023 6.30.2024 6.30.2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part 1. The following paragraph is added to the Other Insurance Condition of Section IV – Commercial General Liability Conditions: This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV – Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 COMMERCIAL GENERAL LIABILITY CG 24 53 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 53 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Wolters Kluwer Financial Services, Inc. | Uniform Forms WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) – AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 POLICY NUMBER:GLO872027300 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 Wolters Kluwer Financial Services | Uniform FormsTM DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medi- cal 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 Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which cannot be at- tributed only to ongoing operations at a single designated construction project shown in the Schedule above: 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 Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section III – Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 U-CA-424-H CW (10/21) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Coverage Extension Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. BAP872027400 Effective Date: 6.30.2023 This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II – Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any “employee” of yours is also 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. Anyone volunteering services to you is an "insured" while using a covered "auto" you don’t own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance – Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment – Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II – Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law 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 $500 a day because of time off from work. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II – Covered Autos Liability Coverage does not apply. DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 U-CA-424-H CW (10/21) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II – Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in B. Exclusions of Section III – Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in B. Exclusions of Section IV – Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" that is a "private passenger type", light truck or medium truck is disabled. However, the labor must be performed at the place of disablement. As used in this provision, "private passenger type" means a private passenger or station wagon type "auto" and includes an "auto" of the pickup or van type if not used for business purposes. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage – Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 U-CA-424-H CW (10/21) Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III – Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV – Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III – Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV – Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 U-CA-424-H CW (10/21) Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Temporary Substitute Autos – Physical Damage 1. The following is added to Section I – Covered Autos: Temporary Substitute Autos – Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos – Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. N. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured’s" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. O. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 U-CA-424-H CW (10/21) Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. P. Employee Hired Autos – Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph 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 under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official’s duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". Q. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. R. Hired Auto – World Wide Coverage Paragraph 7.b.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere else in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, S. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. T. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II – Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. U. Physical Damage – Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III – Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes 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 expiration, when the covered "auto" is returned to use or we pay for its "loss". DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 U-CA-424-H CW (10/21) Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. V. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. W. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered “auto” is stolen and recovered, we will pay the cost of transport to return the “auto” to you. We will pay only for those covered “autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 U-GL-107-A CW (10/16 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Blanket Notification To Others Of Cancellation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO872027300 Effective Date: 06.30.2023 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification that such Coverage Part has been cancelled to each person or organization shown in a Schedule provided to us by the First Named Insured. Such Schedule: 1. Must be initially provided to us within 15 days: a. After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to policy; 2. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3. Must be in an electronic format that is acceptable to us; and 4. Must be accurate. Such Schedule may be updated and provided to us by the First Named Insured during the policy period. Such updated Schedule must comply with Paragraphs 2. 3. and 4. above. B. Our delivery of the electronic notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. Delivery of the notification as described in Paragraph A. of this endorsement will be completed as soon as practicable after the effective date of cancellation to the first Named Insured. C. Proof of e-mailing the electronic notification will be sufficient proof that we have complied with Paragraphs A. and B. of this endorsement. D. Our delivery of electronic notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date; 2. Negate the cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. E. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs A. and B. of this endorsement. All other terms, conditions, provisions and exclusions of this policy remain the same. DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 WC124 (4-84) Page 1 of 1 WC 00 03 13 Copyright 1983 National Council on Compensation Insurance, Inc. Uniform FormsTM WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. WC872027200 Endorsement No. Insured DCCM LLC Premium $ Insurance Company Countersigned by Zurich American Insurance Company DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Page 1 of 1 WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA 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 06.30.2023 at 12:01 A.M. standard time, forms a part of (DATE) Policy No.WC872027200 Endorsement No. of the Zurich American Insurance Company (NAME OF INSURANCE COMPANY) issued to DCCM LLC Premium (if any) $ Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers’ compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Blanket Waiver of Subrogation Job Description DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 WC 42 03 04 B © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Page 1 of 1 (Ed. 06-14) Wolters Kluwer Financial Services | Uniform FormsTM WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) 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: 3. Premium: The premium charge for this endorsement shall be 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: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06.30.2023 Policy No. WC872027200 Endorsement No. Insured Premium Insurance Company Countersigned by DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 This page has been left blank intentionally. DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156 Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 02/28/2024 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. R.G. Miller Engineers, Inc. Houston, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 City of Pearland Wooten Road LS Decommissioning - Professional Engineering Services WW2407 2024-1129365 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING Miller, Jack XHouston, TX United States Gehringer, Mark XHouston, TX United States 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state) (zip code) (country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V3.5.1.9000c47fwww.ethics.state.tx.usForms provided by Texas Ethics Commission Mark A. Gehringer 06/09/1974 16340 Park Ten Place, Suite 350 Houston TX 77084 USA TexasHarris 28 February 24 DocuSign Envelope ID: E0F0C1B4-47D3-4650-B3AC-2A49B82BC156