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R2007-055 2007-04-09 RESOLUTION NO. R2007 -55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE FM 1128 WATERLINE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for engineering services associated with the FM 1128 Waterline, a copy of which is attached hereto as Exhibit lOA" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for engineering services associated with the FM 1128 Waterline Project. PASSED, APPROVED and ADOPTED this the gthday of April, A.D., 2007. = ~J2w TOM REID MAYOR ATTEST: ~~("'fu~ ~o.. A ~^ SONIA BLAIR DEPUTY CITY SECRETARY APPROVED AS TO FORM: ~~~ DARRIN M. COKER CITY ATTORNEY R2007 -55 File No. 07 -0025 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on Apri 1 16, 2007 , 2007 by and between the City of Pearland ("CITY") and Pate Engineers, Inc.. ("CONSULTANT"). The CITY engages the CONSULTANT to perform Engineering Design Services for the 16" waterline for FMl128 from Bailey Rd. to Fite Rd. (Project # W42065) 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 provide Final Engineering Design Phase, Construction Phase and Additional Phase services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall he submitted in digital and hard copy fonn in the Microsoft Project for Windows fonnat. 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 tennination of a CITY employee: Any fraud, forgery, misappropriation of funds. receiving payment for services not perfonned 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 fOlmat. 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 tiles shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to propel1y. or any errors and omissions relating to the perfonnanee 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 lnsurance in an amount not less than $1.000.000 in the agf,'regate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of anyone person. S 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, \vith minimum limits of $1,000,000 for injury or death of anyone person, $1.000.000 for each occurrence, and S 1 ,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended. voided, canceled. and/or reduced in coverage or in limits ("'Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with wlitten 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 Cel1ificates of Insurance. or formal endorsements as required by this CONTRACT. issued by CONSULTANTS insurer(s), as evidence that policies providing the required coverage. conditions. and limits required by this CONTRACT are in full force and cffect. 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 arc 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 perfonning services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is perfonned. The CONSU LTANT is not to be considered an agent or employee of the CITY. SECTION II - PERIOD OF SERVICE This C01\TRACT will be binding upon execution and end upon completion of project. SECTION III - CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is not to exceed fee. Total compensation for the services perfom1ed shall be the sum of $53,600.00. B. The CITY shaH pay the CONSULTANT in installmems based upon monthly progress reports and detailed invoices submitted by the CONSULT ANT. 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. SECrIOl\' IV - THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the te1111 oi'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 pe11aining thereto, to minimize delay in the progress of the CONSULTANT'S work. The elr{ will keep the CONSULTANT advised conceming the progress of the CITY'S review of the work. The CONSULTANT agrees that the ClTY'S inspection, review. acceptance or approval of CONSUL TANT'S work shall not relieve CONSULTANT'S responsibility for enors 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 fc)r any reason - - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 13333 Northwest Freeway. Suite 300. Houston, Tx., 77040. Immediately after receiving such written notice. the C01\SULTANT shall discontinue providing the services under this CONTRACT. .., -.) - B. If this CONTRACT is te11l1inated. CONSULTANT shall deliver to the CITY all drawing~. ~peeial provisions. field survey notes. reports, estimates and any and all other documents or work product generated hy the CO]\; S U L T /\ NT under the CONTRACT entirely or partially completed. together \vith all unused materials supplied hy the eTT'Y" on or before the 15th day ri)llowing te11l1ination of the CONTRACT. C. In the event of such termination. the CONSULTANT shall he paid l(lr services perf 01111 cd prior to receipt of the written notice of tennination. 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 \vork product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based lIpon a tixed fee or ddinitely ascertainable sum, the portion of such sum payable shall be propOliionate to the percentage of serviccs completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is tellninated. the CITY shall have the option uf completing the work. or entering into a CONTRACT with another party t(1J' the completion of the work. F". If the CITY terminates this CONTRACT till' cause and/or if the CONTRACTOR breaches any provision of this CONTRACT. then the CITY shall have all rights and remedies in la\'/ and/or equity against CONSULTAT\T. Venue till' 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 pm1y 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. CONSL L T ANT and CITY desire an expeditIOUS means to resolve any disputes that may arisc between under this CONTRACT. To accomplish this. the parties agree to mediation as li>llows: It' a dispute arises out of or relates to this CONTRACT. or the hreach thcreol~ and if the dispute cannot be settled through negotiation. then the pmiics agree tirst to try in good t~iith, and hct()re pursuing any legal remedies, to settle the dispute hy mediation of a third pariy who will be selected by agreement of the parties. SECTIOJ\ VI - ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the ClT'y' and the CO"iSU LTAT\T and supersedes all prior negotiations. representations, or contracts. either written or oral. This CONTRACT may be amended only by written instrument signed by both pmiies. -4- SECTION VlI- COVENANT AGAINST CONTINGENT FEES The CONSULTANT affinns that he has not employed or retained any company or person, other than a bona fidc 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 brcaeh or violation of this clause, the CITY may tem1inate 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 fcc, gift. or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This COl\iTRACT shall not be assib,'11able except upon the written consent of the parties hereto. The parties have executed this CONTRi\CT this _J_~~~ davof Apri 1 . 2007. --~ - CITY OF PEARLAND, TEXAS Bill Eisen, City Manager / ./ /i/;".; /' /IIL ~. /7~-' (~-6 N SIZlt1~m- ......... / . -)- . PATE. ENGINEERS March 7. 2007 Mr. Trent Epperson Director or Capital Projects City or Pearland 3519 Liherty Drive Pearl and. TX 77581 Proressional Services for Design or a 16-inch Waterline Along FM IllS (Manvel Road) - Bailey Road to Fite Road PWIl-2007-P-06: PATE .Ioh No. 1717-001-00 Reference: Dear Mr. Epperson: Patc Engineers. Ine. (PATE) is pleased to present this proposal 1'01' the preparation of design documents 1'01' the ahove referenced project as requested hy the City or Pearl and (CC W). The PATE design efrort will he hased upon work previously done hy another consultant and P ATI-: will endeavor to use this information 1'01' the henefit ofthe COP. The Scope 1'01' I:ngineering Services 1'01' the preparation or Design Documents and Construction Phase Services shall include the rollowing: Final Design Phase 1. Update detailed construction drawings and technical specifications as needed for the 16-inch proposed waterline alignment. Construction drawings will he prepared on 24-inch hy 36-inch sheets at 1:40 horizontal and 1:4 vertical scales in accordance with the ("OP Design Manual. Update existing hase sheets as necessary to accommodate changes to existing conditions that have occurred in the time elapsed since the original topographic survey was performed. Provide input as needed to t~lCilitate coordination hetvveen agencics. and neccssary exhihits as needed to t~lcilitate Right-of-Entry Agreements. Provide review suhmittals. tinal construction drawings. contract documents and technical specifications to the COP in accordance with the COP Design Manual. Suhmit construction drawings and technical specitications as required to ohtain review and approval rrom reviewing agencies. Prepare and provide hid documents using standard COP !'(mllat as detailed in ("OP's Design Manual. J " .). 4. 5. 6. 7. 8. Bid documents will he sold to prospective hidders. Prepare Fngineer"s estimate of construction cost hased on recent similar projects hid tahs and known quantities. Attend progress meetings to report on project status and discuss design and other projcct- related issucs. Prepare meeting minutes documenting topics discLlssed during thesc meetings. 9. 10. llpon approval or the constrLlction plans. provide a CI) \vith an electronic ("ADI) tile orthe HOUSTON. 13333 Northwest Freeway Suite 300 . Houslon. Texas 77040 . T: 713.462.31/8 F: 7 i 3.462.1631 Toll Free: 866.533.PATE (7283) www.pateeng.com Mr. Trent Lflperson City or Pearl and March 7.2007 Page :2 final base dnl\vings for use with the COp's GIS website. The CD shall contain a strip map of the base plan view as well as all sheets contained in the plan set (including the plan and profile sheets) in .PDF formal. Construction Phase Services 1. At the request of the Program Manager. participate in a pre-bid conference. pre-construction conference and monthly construction progress meetings. J Provide design clarifications and recommendations to assist the Program Manager in resolving field problems relating to construction. 3. Revievv and take appropriate action upon shop dra\vings being furnished by the construction contractor and submitted to the Engineer by the Program Manager. The Engineer shall determine if shop drawings. samples and other submittals arc in general conformance with the requirements of the contract documents. The Engineer shall notify the Program Manager of any non-conformance issues associated with such submittals within fourteen (14) calendar days of receipt of submittals from the Program Manager. 4. Prepare revisions to the contract documents (i.e.. change orders) \vhen such change orders are required to make claritications. correct discrepancies. errors or omissions to thc contract documents. 5. When requested by the Program Manager. evaluate contractor changes and cost proposals and recommend action to the Program Manager. 6. Make monthly site visits to the project site (to be coordinated with monthl:, construction progress meetings) to observe the progress and quality of the executed work. Such site visits are to be coordinated with the Program Manager and a site visit report shall be submitted to the Program Manager after each such site visit. indicating observations related to the executed work. PATE observers do not control the means and methods of the contractor. but will report whether or not the project is constructed in accordance with the plans and speci fications. 7. Attend final Project walk-through. 8. Prepare "record drawings" indicating changes to the contract drawings and showing signi ticant changes made to the work during the construction of the ProjecL Such changes will be based upon marked-up "as-built dra\vings" furnished to the Engineer by the Program Manager from the construction contractor. Additional Services 1. Coordinate with Brazoria County Drainage District #4 regarding the crossing of Mary's Creek. , Coordinate with the Pearl and Independent School District to include existing/proposed site/utility improvements that may impact waterline design. Coordination with TxDOT regarding the intersection olTM 1128 and Mockingbird I .ane that will require the ]()-inch waterline to be located in TxDCYf's ROW. and the preparation of 1 .) . HOUSTON. 13333 Northwest Freewoy Suite 300 . Houslol1 Texm 77040 . T: 713462.3178 F: 713462.1631 Toll Free: 866033.PATE (7283) www.pClteerlg.col1l Mr. Trent Lpperson City of Pearl and March 7. 2007 Page 3 documents and exhibits to apply for I xl)uT permits. Services Provided by City of Pcarland I. Update right-of-way and topographic survey that includes verifying the existing horizontal and vertical control set by others. establishing intermediate control. locating existing right-of- ways. intersecting streets. and casements along the approved route. 2. Provide full survey fj.Ot11 proposed WSE to 100 feet west of the terminus of the existing waterline north of Northfork Dr. for a proposed waterline connection to the existing waterline. 3. Provide electronic AutoCAD drawings originally preparcd by othcrs with the understanding that these drawings will be updated. 4. Advertise the project. 5. Provide final Geotechnical Report for the project. 6. Provide the following sets of record drawings: a. Existing 16-inch waterline north of Fite Road. b. Existing j 2-inch waterline on west side of Fite Road north and south of FM 1128. c. Roadway widening and traffic signalization along FM 1128 and Bailey Road to Fite Road. d. Pearland ISD schools within the project limits utility drawings. e. All easements. The conceptual construction cost estimate for thc project is $1.100.000 for the waterline yyork. We propose to perform the above Scopc of Services for Final Design Phase. Construction Phase Services and Additional Services (listed below) for a not to exceed fee 01'$53.600 as shown below: 1. ! Final Design Phase Construction Phase Services Additional Services (see below) Total $ 35.300 $ 11.200 $ 7.100 $ 53.600 I:ee Fcc lIourly -, .) . We propose to perform the above Scope of Services identified in Additional Services for the following fees. Time is of the essence in this assignment. Therefore. we request the notiee-to- proceed include authorization for Additional Services Items 1-3 as shown below: 1. Miscellaneous. Mileage. Reproduction $ 3.500 Ilourly ! Coordination with Brazoria County DD4 $ 1.200 Ilourlv -, Coordination with Pearl and ISD $ 1.200 Ilourly .) . 4. Coordination with TxDOT $ 1.200 Ilourly Total Additional Services $ 7.100 As directed hy the COP there will he no MWBL': requirements Illf this project. Enclosed is a detailed man hour esti mate. HOUSTON. 13333 Northwest Freeway Suite 300 . Houston. Tcxm 77040 . T: 713462 178 F: 7 r 3462. I {J3 r Toll Free: 866.533.PATE (7283) www.poiccnq.c:orn Mr.rrent Epperson City of Pearl and March 7, 2007 Page 4 We appreciate the opportunity to present this proposal to the COP. If you need additional information in support of this proposal. please do not hesitate to call either Josh Lverett or Jell Ross at 713-462-3178. Very truly yours. PATE ENGINEERS, INC. Enclosure :~~v~tC~ J(~sh L. heretL P.L r~oject Manager J -/ // < .' f / ./ /; L ( ;,. r ) /;1/ "~ Je1Je Ross.P.E. Senior Vice President J:\171111\.1717()(111I1I ('il\ oJ'l)carland Ih Inch WI I.M 112X.21111 I)R()J M(iMT:()1I l'ro[1o,ali'il\ oJ'l)carland II) in WI -l-11I-1I7.doc HOUSTON' 13333 Norlhwml Freeway. Suite 300 . Houstoll. Texas 77040 . T: 713.462.:,178 F: 713.462.1631 Toll Free: 866.533.PATE (7283) www.poteellg.com 1'\1 1128 ]6-1:\("11 WHEI{ LII\iE !\1\:\IIOIR ESTI'I,HE PHE EV;I:\EERS, I:\C. 17 17()()]()() I>ATE: ()212I/07 'Iulli ~ 3.31 rE<L-- -~-- -- I I I I I I '\on- rOT.\L Rl"imh. PRI:\ 1'\1 1)\1 In: I)ES IIOIRS I~~)('ns('s COST Final Design - Frr I CO\l.:1" Shl'l'l I I, . S7()'1 , SIH.'L'\ IndL''\ I I 1 (, 'b(lli) , Construction "otL'S I I , .. S71'l .~ ----'-- - 1 5 1_;I\tlll1 Shl'd I , I I' II, SIJ)(l() h 7 ('onstfllcllnn ('ontrul \-lap I , , I' 17 SUW2 \Valef I 11112 [)Jan 8.: I)rollk( 1.()(I() I I X 1-;;;' ShCL'lO I" .111'1- 1\1 I 12X I I X X h() 7X_ f--- SX.1i75 - Waler 1,lllL' 1)1<111 8: [)nlfill.' (I" 11i'1- 1\1 II, II/X CrossIng I I I , II, 'I S2.2:'') 17 I X S\\ Illll) , , X I' 1----- S 1.2~q -, I" SWPll]l Iklails I 1 1 (, S() It) --- 'Ii rranic ('()lltrol Illall - (1L'Ill'ral '\Oks , I ~ - sr,.;;;' 'I 11 I'ranic ('()lltml [)Ians I I ~ X 17 S I.X~X 1---- 2, 2.\ Stalld~l['d \\all'r I ktaib I , , X I: SI,.III~ ,- 1---.- -- I'RO.If:CI \1.\:\1\1. / \IEETI:-'<;S --- Pn)ject \kl'tintls ~ I X .~ Project \lanagclllcllt ~ I S()XlJ .- .-, Sitl' \'iSl1 , I ~ ~~ --- --~ ~- 1:l"onl-I-'nd [)OCUlllL'llts , 1 II, S2:..~ SpL'L'i!lL'ations , ~ 1<, 11 '1;2.173 Co~t 1--.;tilllak , ~ , -~ 1 ti1it~ Rcsc<ln.:h ~ , (, -~ , , --- \L';;77 Re-,;pl1Ilsl' III Rc\ h.'\\ ( '01l1111Cnh I ~ I I' \pprO\ ,ds 1 ~ S1(,~ Inkrnal ()\'()C --.-- 2 , 12 ~ ~() S2.-1l) I rotal lIours 13 18 7() 32 159 32 316 rotal Produ(,tioll ('ost S2,23'1 $2.'181 S8,11.J S3,3'11 S 15,7'18 S2,7,6 -- ~--, S3,.311(1 PATE Production Cost S3,,31111 \dditional St.'rvin.' - lIourly \lJ('nn-- ('oordination \'li-.;ccll,lIll'(lll-';. \lika~l>. Rqll\h.luclil)Jl -- -- --- f----- S.',,"i(j(J Hra/(lri,l (nullt\ Draill<l!:,-l' District 1 ,--- ( 'oordinatitHl l'crlllIl I I 1 ~ III \L~()() COllrdinatillll \\ ------- l'ISIl I I I 1 III S 1.2()() ]\:I)( n CoordinatIon I'l'rlnit -.-....- 2 I 1 III S 1_2un Sub-Total Ilours 2 4 12 12 30 S7,11I1I ---f--. --...-- Sub-Total .\~('n('y ('oordination Cost S3.J.J SlJlJ2 SI,391 S I, 1 92 S7,11I1I Final n('sign Total ('ost ,- S2,,83 $3,6.J3 S9,SOS S3,391 SI(l,'J91 S2,7S6 S.J2,.J1I1I - -- ( 'onstrudion Phas(' Rc\ il'\\ SImp Dnl\\ing.s , - I' ~ IS S' JI;>SO Rc\ ic\\ C()I{ I'I"R I.r , -~---=-- , 12 I l() S2,l11 Rc\ Il'\\ 1),1) I'slimaks , ---'-- \2 11 S 1.7_,-'" Sill' \isih , \ll IS S2.1 qq Prl'paring Rc-cmd [)nl\\lllg>., 2 , , , -- ~.._--_.- ----._---- I" '.1 S'"l.7()i) Suh Totalllour's 10 4 54 2 16 8 94 rotal ('ollstru(,tion Phas(' ('ost .--.- -- -- S 1.722 $662 S6,2611 S212 SI,S90 S6S9 Sll ,21111 rot.al Ilours 25 26 136 34 _~7_ 40 440 .--- --------.-- TOT\!. I'RO.IE<'T (OSI $53,600 J r:M FV PrE' ~'aqe 1 of 1 ACl<~C/MARSH 701 Mark~L SL , Ste. St. Louis MO 63101 Phone 800-338-1391 1100 QP 10 CH PNTB-Ol 04 11 07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ACOBf)~ CERTIFICATE OF LIABILITY INSURANCE i>r,OG~Jcr_r; Fax 888-621-3173 INSURERS AFFORDING COVERAGE NAIC# jNSlH-\ED~ HJl,l't:t::O::ct Accidei'rt & ItH:L A+ Pate Engineers, Inc. GP 0111-veynrs ~~~~~o~o~ih773~0~t.or~ay #300 THE ."',NY REOUIREMENT TERM OR COND1T!O'-.l or At'-JY CO~->JTRAcr en OTHen DCCLJMcr-,rr 'vViH fttZPCCITO \tJlHCl-l 11: li$ cCnrFICA.T[ \{A,Y DC i~33UCD OR MAY PERTt.JN. THE !NSLR!\NCE /\FFCRDED BV' THE?OLlCiCG: DESCRiBED HEREIN lS SUBJECT TO ALL THE. TERr,,~G EXCUJ$lONS iV'H) C-CN(YTiONS OF SUCH POLICiES, AGGREGATE U~.-11r;5 SHO\'VNi'.!1AY HAVE BEeN REDUCED BV PAlD CLA~r'AS A 84 my(;)\,Ttj 6 'I') 11/01/07 L.'MlTS l'OLley x 11/01/06 000 000 1 000 000 10.000 1,000.000 :;> 000 000 2,000.000 GENERAL UAfilLTV x X CONTRACTUAl, l,lAB A x 84UEGRF1583 n/01/06 n/01/07 1,000 000 ~ ....1'; te.(~l-- ! I.."" I! , I Y A 84XHGYH082l 11/01/06 L1/01/07 JiX:CiO;>j;.UMnr<:~L_tl' ~.j;'FlIU'" x J\. wnm-u:ru; CCMrrNz:..no~ 4NO !=~''iriO-''~P;>;' IlkFi< lTV 84NBGTA3342 11/01/06 11101/07 000 000 000 000 000 000 9.... PROJECT: #H42065 CITY OF PEARLAlID IS INCLUDED AS ADDITIONAL INGUHED ON ALL POLH~lF:S !<~XCFPT H/C. I CERTIFICATE HOLDER CANCELLATION CTYPEliR ~hO\JLO MH Of THE. ABOVE Of~tft:SEo- f'OUCT~ BE CANCELED- 8~JO,t;;_f -HE fX/",R,A,:'CN nA"'!'E""Hfl't~Ol". THe I5-SUING ll~SURER \"JJLLENO(<:i.';,OR TO ,0 D_,~'1':i WI'tITI!:N NOTice TO 'HE: c.eR1if,GATf '~GLDER NAMED TD Tnt' 8,f; f.;el.lLVf'(f "f0 O(J ~i'.l 9'i.!':<.-L I ACORD 25 (2001/08) CITY OF l'B1UUA.ND TRENT EPPERSON 3519 LIBERTY DRIVE PEARLAND TX 7758.1 1!'M>~)!:iE NO U&UCAllnN O"'.ll}~H!U~Y G~ KNI" '.....iNn "Jl">)N ::H~ ;N~; ft.!'::"- .o;>.,r:"';~' GS Ritt'!(e~ENj'AnVES A(./fHOJll2{fO CL \\ @ACORDCORPORATION 198B ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) 04/11/2007 PRODUCER 713 - 463 - 4550 FAX 713-463-4590 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bell Insurance Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4544 Post Oak Place, Suite 320 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston, TX 77027 Rebecca Hunter INSURERS AFFORDING COVERAGE NAIC# INSURED Pate Engineers, Inc INSURER A Continental Casualty Co. 20443 13333 Northwest Freeway INSURER B Suite 300 INSURER C Houston, TX 77040 INSURER D INSURER E COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS I~t'~ ~R,~f TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE PQ~I$~Y EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ - DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $ - =:J CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ - GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COM PlOP AGG $ I 'nPRO- n POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I--- $ ANY AUTO (Ea accident) l---- ALL OWNED AUTOS BODILY INJURY l---- $ SCHEDULED AUTOS (Per person) - HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR 0 CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION AND I WCSTATU- I IOJ!;!- EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E,L. DISEASE - EA EMPLOYE $ Ify eS,de scribe under SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT $ OTH~ AEH254059392 04/30/2006 04/30/2007 Pro essional Liability A Each Claim $5,000,000 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,T HE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Pearland ~ DAYS WRITIEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Trent Epperson BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3519 Liberty Drive OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Pearland, TX 77581 AUTHORIZED REPRESENTATIVE /~~ Bvron Johnson/RH ACORD 25 (2001/08) FAX: (281)652 -1706 @ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08)