Ordinance No. 9,578ORDINANCE NO. 9578
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH DE OPLOSSING, INC., TO
PERFORM A MICROBIAL INVESTIGATION AS WELL AS TO PERFORM RE -BID
SOLICITATION AND CONSTRUCTION MANAGEMENT SERVICES FOR THE
BAYTOWN COURT AND JAIL FACILITY; AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN IN AN AMOUNT NOT TO EXCEED EIGHTEEN THOUSAND TWO
HUNDRED SIXTY AND N01100 DOLLARS ($18,260.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the
City Manager to execute a professional services agreement with de Oplossing, Inc., to perform a microbial
investigation as well as to perform re -bid solicitation and construction management services for Baytown Court
and Jail Facility. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for
all intents and purposes. Each phase of the work shall be performed on the basis of a notice to proceed. The
notice to proceed for the re -bid solicitation and construction management services shall not be issued until all
condition precedents in the construction contract with Firemen Construction Co., Inc., have been performed as
determined by the City Attorney.
Section 2: That the City Council of the City of Baytown authorizes payment to de Oplossing,
Inc., in an amount not to exceed EIGHTEEN THOUSAND TWO HUNDRED SIXTY AND NO 1100
DOLLARS ($18,260.00) for professional services in accordance with the contract.
Section 3: That the City Manager is hereby granted general authority to approve a decrease or an
increase in costs by TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent (25 %).
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 23`d day of June, 2003.
PETE C. ALFARO, May
ATTEST:
G Y . SMITH`City Clerk
APPROVED AS TO FORM:
edqACIO RAMIREZ, SR. C Attorney
FAKaren\Files\City Councillordinanccs%de0p ossingAgr"nicnt.doc
® AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This Agreement (this "Agreement ") entered into by and between de Oplossing, Inc. (hereinafter
"the. Professional ") and the City of Baytown, a home -rule municipality located in Harris and
Chambers Counties, Texas (the "City").
I . Scope of Services /Professional Fees
This Agreement authorizes Professional to perform a microbial investigation as well as to
perform re -bid solution and construction management services for the Baytown Court and Jail
Facility (the "Work ") for and on behalf of the City. The compensation for Professional shall be
on the basis described in Exhibit "A," with reimbursement of costs on the basis described in
Exhibit "B." The time schedules for the Work are attached as Exhibit "C." The scope of the
work and projection of costs of the construction project is as denoted in Exhibit "D." Each of
these Exhibits "A" through "D" is incorporated into this Agreement by reference for all purposes.
2. Progress Reports
Professional shall provide written progress reports to the City regarding the Work and oral
reports as requested. At least one progress report shall be made at the time that approximately
seventy percent (70 %) of any phase as outlined in Exhibit "C" is completed. Such progress
report shall identify the projected time and cost required by the Professional to complete the
remaining phases of the Work required under this Agreement.
3. Personnel of the Professional
a. Professional's Project Manager
Professional shall designate Allen Shirley to serve as Project Manager for the
Work performed under this Agreement. Any change of Project Manager shall
require thirty days' advance written approval from the City's Representative.
b. Licensed and Registered Engineers
Professional shall keep a full -time registered engineer licensed in the state of
Texas on staff and assigned to the Work for the duration of its performance of the
Work.
C. Data on Professional's Employees
Prior to commencement of the Work, Professional shall forward to the City a
detailed resume of the personnel that will be assigned to the Work. Such
personnel shall include, but not be limited to, engineers.
EXHIBIT A
® d. Rejection of Professional's Employees
The City reserves the right to approve or reject from the Work any employees of
the Professional.
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4. Designation and Duties of the City's Representative
a. The City's Director of Engineering or his designee shall act as the City's
Representative.
b. This City's Representative shall use his best efforts to provide nonconfidential City
records for Professional's usage on the Work and to provide access to City's
property and easements. However, the City does not guarantee the accuracy or
correctness of the documents so provided.
5. Standards of Performance
a. The Professional shall perform all services under this Agreement with the care and
skill ordinarily used by members of Professional's profession practicing under the
same or similar circumstances, time and locality.
Professional shall be responsible for the technical accuracy of its services and
documents resulting therefrom, and the City shall not be responsible for discovering
deficiencies therein. Professional shall correct such deficiencies without additional
compensation.
b. Codes and Standards
(1) All references to codes, standards, environmental regulations and/or
material specifications shall be to the latest revision, including all effective
supplements or addenda thereto, as of the date that the order for any
necessary equipment is made by the City or that the construction specified
is bid by the City.
(2) If any such equipment is specially manufactured, it shall be identified to the
City, and the Contractor and the Seller shall present sufficient data to the
City to support the design and the suitability of the equipment.
(3) All materials furnished on any City project shall be in accordance with all
recognized standards. Proprietary material or other materials for which no
generally recognized standards exist may be used provided there has been
at least five years of proven experience in the field, and such satisfactory
documentation has been approved by the City's Representative.
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® (4) The Work shall be designed and furnished in accordance with the most
current codes and/or standards adopted by city, state, or federal government
or in general custom and usage by the profession.
(5) The codes and standards used in the profession set forth minimum
requirements. These may be exceeded by the Contractor or the Professional
if superior methods are available for successful operation of equipment
and/or for the construction project on which the Work is performed. Any
alternative codes or regulations used shall have requirements that are
equivalent or better than those in the above listed codes and regulations.
The Professional shall state the alternative codes and regulations used.
(6) Professional agrees the services it provides as an experienced and qualified
construction consultant will reflect the professional standards, procedures
and performances common in the industry for this project. Professional
further agrees that any analysis, reports, preparation of drawings, the
designation or selection of materials and equipment, the selection and
supervision of personnel and the performance of other services under this
contract, will be pursuant to the standard of performance common in the
profession.
(7) Professional shall promptly correct any defective analysis caused by
Professional at no cost to City. The City's approval, acceptance, use of or
payment for all or any part of Professional's services hereunder or of the
Work itself shall in no way alter Professional's obligations or the City's
rights under this Agreement. Professional shall provide the City with
record "as- built" drawings relating to the work in an electronic format that
is acceptable to the City. City shall be in receipt of record drawings, if
applicable, prior to final payment.
6. Schedule
Professional shall not proceed with the Work or any stage thereof until written notice to proceed
is provided by the City's Representative.
7. Instruments of Service
Upon execution of this Agreement, Professional grants to the City an ownership interest in the
Instruments of Service. Professional shall obtain similar interests from the City and Professional's
consultants consistent with this Agreement. As noted in Articles 5 & 11, Professional shall be
required to tender to City all Instruments of Service. With such ownership interest, it is expressly
understood by the parties hereto that the City may use the Instruments of Service for any purposes
which the City sees fit, including, but not limited to, subsequent construction, reconstruction,
alteration, and/or repairs of the Project. As a condition to the City's use of the Instruments of
Service, the City hereby expressly agrees to remove Professional's name and all references to
Professional, and its consultants from the Documents. Provided that this Agreement is not
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® terminated for cause by the City, the City shall release any and all claims which the City could
make arising out of or in connection with any reuse of the documents by the City.
8. Insurance
Professional shall procure and maintain at its sole cost and expense for the duration of the
Agreement, insurance against claims for injures to person or damages to property which may
arise from or in connection with the performance of the Work hereunder by Professional, its
agents, representatives, volunteers, employees or subconsultants.
a. Professional's insurance coverage shall be primary insurance with respect to the
City, its officials, employees and agents. Any insurance or self - insurance
maintained by the City, its officials, employees or agents shall be considered in
excess of Professional's insurance and shall not contribute to it. Further,
Professional shall include all subconsultants, agents and assigns as additional
insureds under its policy or shall furnish separate certificates and endorsements for
each such person or entity. All coverages for subconsultants and assigns shall be
subject to all of the requirements stated herein.
The following is a list of standard insurance policies along with their respective
minimum coverage amounts required in this Agreement:
1. Commercial General Liability
• General Aggregate: $1,000,000
• Products & Completed Operations Aggregate: $1,000,000
• Personal & Advertising Injury: $1,000,000
• Per Occurrence: $500,000
• Fire Damage $50,000
■ Coverage shall be at least as broad as ISO CG 00 01 10 93
• No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for review and
acceptance.
2. Business Automobile Policy
• Combined Single Limits: $500,000
• Coverage for "Any Auto"
3. Errors and Omissions
• Limit: $1,000,000 for this project.
• For all architects, engineers, and/or design companies
• Claims -made form is acceptable
• Coverage will be in force for three (3) years after construction of
the Project is completed.
4. Workers' Compensation
■ Statutory Limits
■ Employer's Liability $500,000
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® ■ Waiver of Subrogation required.
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b. The following shall be applicable to all policies of insurance required herein.
1. Insurance carrier must have an A.M. Best Rating of ANIII or better.
2. Only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
3. Liability policies must be on occurrence form. Errors and Omissions can
be on claims -made form.
4. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except
after sixty (60) days' prior written notice by certified mail, return receipt
requested, -has been given to the City.
5. The City, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Errors and
Omissions Policy required herein.
6. Upon request and without cost to the City, certified copies of all insurance
polices and/or certificates of insurance shall be furnished to the City.
7. Upon request and without cost to the City, loss runs (claims listing) of any
and/or all insurance coverages shall be furnished to the City.
8. All insurance required herein shall be secured and maintained in a
company or companies satisfactory to the City, and shall be carried in the
name of Professional. Professional shall provide copies of insurance
policies required hereunder to the City on or before the effective date of
this Agreement.
9. Indemnification and Release
PROFESSIONAL AGREES TO AND SHALL INDEMNIFY AND
HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO
AS THE "CITY ") FROM AND AGAINST ANY AND ALL
CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS
AND LIABILITY OF EVERY KIND, 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 FOR ANY
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BREACH OF CONTRACT, ARISING OUT OF, OR IN
CONNECTION WITH THE WORK DONE BY PROFESSIONAL
UNDER THIS CONTRACT CAUSED BY THE SOLE OR JOINT
NEGLIGENCE OF PROFESSIONAL AND ANY OTHER PERSON
OR ENTITY. IT IS THE EXPRESSED INTENTION OF THE
PARTIES HERETO, BOTH PROFESSIONAL AND THE CITY,
THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH
IS INDEMNITY BY PROFESSIONAL TO INDEMNIFY AND
PROTECT THE CITY FROM THE CONSEQUENCES OF
PROFESSIONAL'S OWN NEGLIGENCE, WHETHER THAT
NEGLIGENCE IS THE SOLE OR A CONCURRING CAUSE OF
THE RESULTING INJURY, DEATH OR DAMAGE. SUCH
INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY
ARISING FROM THE PERSONAL INJURY, DEATH, OR
PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR
RESULTS FROM THE NEGLIGENCE OF THE CITY. IN THE
EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT
AGAINST THE CITY FROM WHICH THE CITY IS
INDEMNIFIED, PROFESSIONAL FURTHER AGREES AND
COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY
LEGAL COUNSEL ACCEPTABLE TO THE CITY. THE
INDEMNITY PROVIDED FOR IN THIS ARTICLE IX SHALL
SURVIVE THE TERMINATION OR EXPIRATION OF THIS
AGREEMENT.
By this Agreement, the City does not consent to litigation or suit, and the City
hereby expressly revokes any consent to litigation that it may have granted by the
terms of this Contract or any other contract or agreement, any charter, or
applicable state law. Professional assumes full responsibility for its work performed
hereunder and hereby releases, relinquishes and discharges the City, its officers,
agents, and employees from all claims, demands, and causes of action of every kind
and character, including the cost of defense thereof, for any injury to or death of
any person (whether they be either of the parties hereto, their employees, or other
third parties) and any loss of or damage to property (whether the property be that
of either of the parties hereto, their employees, or other third parties) that is caused
by or alleged to be caused by, arising out of, or in connection with Professional's
work to be performed hereunder. This release shall apply with respect to
Professional's work regardless of whether said claims, demands, and causes of
• action are covered in whole or in part by insurance.
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• 10. Subcontractors and Subconsultants
Professional shall receive written approval of the City's Representative prior to the use of any
subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or
subcontractors shall be given to the City before execution of such contracts.
11. Termination of Professional
The City, besides all other rights or remedies it may have, shall have the right to terminate this
Agreement without cause upon ten (10) days' written notice from the City Manager to
Professional of the City's election to do so. Furthermore, the City may immediately and without
notice terminate this Agreement if Professional breaches this Agreement. A breach of this
Agreement shall include, but not be limited to, the following:
(a) failing to pay insurance premiums, liens, claims or other charges;
(b) failing to pay any payments due the city, state, or federal government from
Professional or its principals, including, but not limited to, any taxes, fees,
assessments, liens, or any payments identified in this Agreement;
(c) the institution of voluntary or involuntary bankruptcy proceeding against
Professional;
(d) the dissolution of Professional;
(e) refusing or failing to prosecute the Work or any separable part, with the
diligence that will ensure its completion within the time specified in this
Agreement;
(f) failing to complete work wthin the time period specified in this
Agreement; and/or
(g) the violation of any provision of this Agreement.
Upon delivery of any notice of termination required herein, Professional shall discontinue all
services in connection with the performance of the Agreement. Within ten (10) days after receipt
of the notice of termination, Professional shall submit a final statement showing in detail the
services satisfactorily performed and accepted and all other appropriate documentation required
herein for payment of services. At the same time that the final statement is tendered to the City,
Professional shall also tender all of Professional's work product, whether complete or not, in an
acceptable form and format to the City's Representitive. No final payment will be made until all
work product is so tendered.
If this Agreement is terminated for cause, Professional shall be liable for any damage to the City
resulting therefrom. This liability includes any increased costs incurred by the City in
completing Professional's work. The rights and remedies of the City in this section are in
addition to any other rights and remedies provided by law or under this Agreement.
12. Records
Within ten days of the City's request and at no cost to the City, the City will be entitled to review
and receive a copy of all documents that indicate work on the project that is the subject of this
Agreement.
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• 13. Supervision of Professional
Professional is an independent contractor and the City neither reserves nor possesses any right to
control the details of the Work performed by Professional under the terms of this Agreement.
14. Billing
The City shall have thirty (30) days to pay Professional's bills from the date of receipt of such
bills. All bills must identify with specificity the work or services performed and the date(s) of
such work or services. In the event of a disputed or contested invoice, the parties understand and
agree that the City may withhold the portion so contested, but the undisputed portion will be
paid.
15. Reputation in the Community
Professional shall retain a high reputation in the community for providing professional
engineering services. Professional shall forward a copy of any current petition or complaint in
any court of law which (a) asserts a claim for $50,000 or more for errors or omissions in
providing engineering services and/or (b) seeks to deny the Professional the right to practice
engineering services or to perform any other services in the state of Texas.
16. Payroll and Basic Records
a. Professional shall maintain payrolls and basic payroll records during the course of
the work performed under this Agreement and shall preserve them for a period of
three years from the completion of the work called for under this Agreement for
all personnel working on such work. Such records shall contain the name and
address of each such employee, social security number, correct classification,
hourly rates of wages paid, daily and weekly number of hours worked, deductions
made and actual wages paid.
b. Professional shall make the records required to be maintained under the preceding
subsection (a) of this section available at no cost to the City for inspection,
copying or transcription or its authorized representatives within fifteen days of the
City's request therefor. Professional shall permit such representatives to interview
Professional's employees during working hours on the job.
17. Governing Law
This Agreement has been made under and shall be governed by the laws of the state of Texas.
The parties further agree that performance and all matters related thereto shall be in Harris
County, Texas.
18. Notices
Unless otherwise provided in this Agreement, any notice provided for or permitted to be given
must be in writing and delivered in person or by depositing same in the Unites States mail,
postpaid and registered or certified, and addressed to the party to be notified, with return receipt
requested, or by delivering the same to an officer of such party. Notice deposited in the mail as
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® described above shall be conclusively deemed to be effective, unless otherwise stated in this
Agreement, from and after the expiration of three (3) days after it is so deposited.
For the purpose of notice, the addresses of the parties shall be as follows unless properly changed
as provided for herein below:
For the City:
For the Professional:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522 -0424
DE OPLOSSING, INC.
Attn: President
358 Roswell Street, Suite 1200
Marietta, GA 30060
Each party shall have the right from time to time at any time to change its respective
address and each shall have the right to specify a new address, provided that at least fifteen (15)
days' written notice is given of such new address to the other party.
19. No Third Party Beneficiary
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit Professional and the City only.
20. No Right to Arbitration
Notwithstanding anything to the contrary contained in this Agreement, the City and Professional
hereby agree that no claim or dispute between the City and Professional arising out of or relating
to this Agreement shall be decided by any arbitration proceeding including, without limitation,
any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1 -14), or any applicable
State arbitration statute, including, but not limited to, the Texas General Arbitration Act,
provided that in the event that the City is subjected to an arbitration proceeding notwithstanding
this provision, Professional consents to be joined in the arbitration proceeding if Professional's
presence is required or requested by the City of complete relief to be recorded in the arbitration
proceeding.
21. Waiver
No waiver by either party to this Agreement of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
® same term or condition.
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22. Complete Agreement
This Agreement represents the entire and integrated agreement between the City and Professional
in regard to the subject matter hereof and supersedes all prior negotiations, representations or
agrcerneats, either whether written or oral, on the subject matter hereof. This Agreement may
only be amended by written instrument approved and executed by both of the parties. The City
and Professional accept and agree to these terms.
23. No Assignment
Professional may not sell or assign all or part interest in the transport of the materials to another
party or parties without the prior express written approval of the City Manager of such sale or
assignment_ The City may require any records or financial stalcrnenis necessary in its opinion to
ensure such sale or assignment will be in the best interest of the City.
24. li cadings
The heudings used in this Agreement are for general reference only and do not have special
significance.
2S. Sevcrability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any outer term of this Agreement, which shall
continue in full force and effect.
26. Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or aguinst any party hereto on the basis that such party did or did not author cite same.
27. Authority
The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he/she represents.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an original, but al2o03, thetdate of execution by the
and the same Agreement on the _ day of
City Manager of the City of Baytown.
IN INC
DE Ol'LOSS G,
(Signature)
(Printed Namc)
(Title)
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Jun 19 03 02:32p
JUN- 19- 4NH(THU) 13:10 CITY OF 9AYTM
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ATTEST:
GARY W. SM=, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMiREZ, SR., City Attorney
(FA���814206�86
CITY OE BAYTOWN
GARY JACKSON, City Manager
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STATE OF TEXAS §
§
COUNTY OF HARRIS §
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Before me on this day personally appeared Lv► hi
capacity as S'h 1-i:l f �; 3 fhnv:: ` of �'' `J -� i �' G �� on behalf of
such company,
1% known to ale;
proved to me on the oath of ; or
proved to me through his current
{description of identification card or other doeament issued by the federal
government or any state government that contains the photograph and signaton of
the aclmowledging person)
(check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideratioonfn therein ex AND SWORN before me this; -LA f 200'
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EXHIBIT A
Compensation
Services required under this contract, including all costs for reimbursable expenses, shall
be a fee not to exceed the following for each phase of service based upon time and materials at
the standard hourly rates detailed hereinbelow
Events
Cost - Not -To- Exceed
Microbial investigation
$ 4,500.00
Re -Bid Solicitation Services
4,920.00
Construction Management Services
6,840.00
TOTAL NOT TO EXCEED
$16,260.00
RATE SCHEDULE
Personnel:
Construction Specialist
Mechanical Engineering Specialist
90.00 per hour
90.00 per hour
pli
EXHIBIT B
REIMBURSABLE EXPENSES
All costs for reimbursable expenses shall be a fee not to exceed TWO THOUSAND AND
NO /100 DOLLARS ($2,000.00), based upon the actual cost to the Professional for such
expenses.
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EXHIBIT C
TIME SCHEDULE
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The following is a time schedule in which the Professional shall perform the services
required in this Agreement. Each event listed below shall not exceed the time limit stated and
the time shall be calculated based upon the date of the notice to proceed issued by the City for
each phase of services:
Microbial investi ation
Ru -Bid Solicitation Services
Construction Maaagcmcnt S
Calcndar
Until Completion of the
EXHIBIT D
SCOPE OF WORK
The Professional shall perform a microbial investigation as well as perform re -bid solution and
construction management services for the Baytown Court and Jail Facility for and on behalf of the
City:
1. Microbial investigation
The Professional, through Moisture Technology Corporation (M/TEC), will collect air
samples as necessary to gather information about indoor air quality within two (2) interior
areas where microbial activity is suspected
Exterior base -line sampling will also be performed. Further, one air sample will be taken
from each of the two wall cavities in question. Last, two wall sections will be removed
and physical sampling will be performed within each wall cavity. Both diagnostic and
prescriptive data will be developed and the City will receive the information in a written
report containing a presentation of in situ conditions that actually exist. This same report
will present an opinion concerning whether or not a need for remediation exists, or specific
recommendations for further testing that will identify the problem(s) involved. The
Professional's design recommendations will be totally governed by the requirements of
each assembly, without prejudice toward any specific product or methodology.
Additionally, the scope of services shall include the following:
1. M/TEC will conduct a detailed study of two (2) interior areas where microbial
activity is suspected. This will include air sampling and physical sampling of the
two specific areas.
2. M/TEC will conduct two base -line air samples, two interior air quality samples, two
concealed wall cavity samples and two bulk samples within wall cavities. Wall
cavity sampling includes cutting of observation ports, removal of trash and debris
and post sample containment until permanent repairs can be made by others.
3. M/TEC will issue a written report pertaining to the interior environmental
conditions in question. This report will contain the following information:
a. Inspection observations, technical data, and photographs, including a critique
designed to bring all of these various elements into correct perspective,
reflecting conditions that actually exist.
b. Recommendations identifying the remedial work that should be performed.
c. This same report will present an opinion conceming whether or not a need for
remediation exists, or specific recommendations for further testing that will
® identify the problems involved.
2. Re -Bid Solicitation Services
Utilizing the re -bid solicitation documents prepared by the Professional, as amended based
upon the results of the microbial investigation and as otherwise amended by the City, the
Professional shall monitor and manage the process of re- bidding the individual re -bid
packages to qualified contractors to ensure the City of Baytown receives a quality project
when complete.
I Construction Management Services
Upon awarding the contract(s), the Professional will provide construction management
services to assist the City with the successful bidder(s). These services will include, but not
be limited to, the following:
a. Weekly job site observations,
b. Periodic pay application reviews, and
C. Final project review upon completion of all phases of work.
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This Agreement (this "Agreement") entered into by and between de Oplossing, Inc. hereinafter
"the Professional") and the City of Baytown, a home -rule municipality located in Harris and
Chambers County, Texas (the "City").
1. Scope of Services/Professional Fees
This Agreement authorizes Professional to perform Review, Investigative and Close Out services
for Baytown Courts and Jail Facility (the "Work") for and on behalf of the City. The
compensation for Professional shall be on the basis described in Exhibit "A," with
reimbursement of costs on the basis described in Exhibit "B." The time schedules for the Work
are attached as Exhibit "C." The scope of the work and projection of costs of the construction
project is as denoted in Exhibit "D." Each of these Exhibits "A" through "D" is incorporated into
this Agreement by reference for all purposes.
2. Progress Reports
Professional shall provide written progress reports to the City regarding the Work and oral
reports as requested. At least one progress report shall be made at the time that approximately
seventy percent (70%) of any phase as outlined in Exhibit "C" is completed. Such progress
report shall identify the projected time and cost required by the Professional to complete the
remaining phases of the Work required under this Agreement.
3. Personnel of the Professional
a. Professional's Project Manager
Professional shall designate Allen Shirley to serve as Project Manager for the
Work performed under this Agreement. Any change of Project Manager shall
require thirty days' advance written approval from the City's Representative.
b. Licensed and Registered Engineers
Professional shall keep a full-time registered engineer licensed in the state of
Texas on staff and assigned to the Work for the duration of its performance of the
Work.
c. Data on Professional's Employees
Prior to commencement of the Work, Professional shall forward to the City a
detailed resume of the personnel that will be assigned to the Work. Such
personnel shall include, but not be limited to, engineers.
d. Rejection of Professional's Employees
The City reserves the right to approve or reject from the Work any employees of
the Professional.
4. Designation and Duties of the City's Representative
a. The City's Director of Engineering or his designee shall act as the City's
Representative.
b. This City's Representative shall use his best efforts to provide nonconfidential
City records for Professional's usage on the Work and to provide access to City's
property and easements. However, the City does not guarantee the accuracy or
correctness of the documents so provided.
5. Standards of Performance
a. The Professional shall perform all services under this Agreement with the care and
skill ordinarily used by members of Professional's profession practicing under the
same or similar circumstances, time and locality.
Professional shall be responsible for the technical accuracy of its services and
documents resulting therefrom, and the City shall not be responsible for discovering
deficiencies therein. Professional shall correct such deficiencies without additional
compensation.
b. Codes and Standards
(1)
All references to codes, standards, environmental regulations and/or
material specifications shall be to the latest revision, including all effective
supplements or addenda thereto, as of the date that the order for any
necessary equipment is made by the City or that the construction specified
is bid by the City.
(2) If any such equipment is specially manufactured, it shall be identified to
the City, and the Contractor and the Seller shall present sufficient data to
the City to support the design and the suitability of the equipment.
(3)
All materials furnished on any City project shall be in accordance with
ASTM specifications, or with other recognized standards. Proprietary
material or other materials for which no generally recognized standards
exist may be used provided there has been at least five years of proven
experience in the field, and such satisfactory documentation has been
approved by the City's Representative.
(4) The Work shall be designed and furnished in accordance with the most
current codes and/or standards adopted by city, state, or federal
government or in general custom and usage by the profession.
(5) The codes and standards used in the profession set forth minimum
requirements. These may be exceeded by the Contractor or the Professional
2
if superior methods are available for successful operation of equipment
and/or for the construction project on which the Work is performed. Any
alternative codes or regulations used shall have requirements that are
equivalent or better than those in the above listed codes and regulations.
The Professional shall state the alternative codes and regulations used.
(6) Professional agrees the services it provides as an experienced and qualified
construction consultant, will reflect the professional standards, procedures
and performances common in the industry for this project. Professional
further agrees that any analysis, reports, preparation of drawings, the
designation or selection of materials and equipment, the selection and
supervision of personnel and the performance of other services under this
contract, will be pursuant to the standard of performance common in the
profession.
(7)
Professional shall promptly correct any defective analysis caused by
Professional at no cost to City. The City's approval, acceptance, use of or
payment for all or any part of Professional's services hereunder or of the
Work itself shall in no way alter Professional's obligations or the City's
rights under this Agreement. Professional shall provide the City with
record "as -built" drawings relating to the work, in an electronic format that
is acceptable to the City. City shall be in receipt of record drawings, if
applicable, prior to final payment.
6. Schedule
Professional shall not proceed with the Work or any stage thereof until written notice to proceed
is provided by the City's Representative.
7. Instruments of Service
Upon execution of this Agreement, Professional grants to the City an ownership interest in the
Instruments of Service. Professional shall obtain similar interests from the City and Professional's
consultants consistent with this Agreement. As noted in Articles 5 & 11, Professional shall be
required to tender to City all Instruments of Service. With such ownership interest, it is expressly
understood by the parties hereto that the City may use the Instruments of Service for any purposes
which the City sees fit, including, but not limited to, subsequent construction, reconstruction,
alteration, and/or repairs of the Project. As a condition to the City's use of the Instruments of
Service, the City hereby expressly agrees to remove Professional's name and all references to
Professional, and its consultants from the Documents. Provided that this Agreement is not
terminated for cause by the City, the City shall release any and all claims which the City could
make arising out of or in connection with any reuse of the documents by the City.
8. Insurance
Professional shall procure and maintain at his sole cost and expense for the duration of the
Agreement, insurance against claims for injures to person or damages to property which may
arise from or in connection with the performance of the Work hereunder by Professional, his
agents, representatives, volunteers, employees or subconsultants.
3
a. Professional's insurance coverage shall be primary insurance with respect to the
City, his officials, employees and agents. Any insurance or self-insurance
maintained by the City, his officials, employees or agents shall be considered in
excess of Professional's insurance and shall not contribute to it. Further,
Professional shall include all subconsultants, agents and assigns as additional
insureds under its policy or shall furnish separate certificates and endorsements for
each such person or entity. All coverages for subconsultants and assigns shall be
subject to all of the requirements stated herein.
The following is a list of standard insurance policies along with their respective
minimum coverage amounts required in this Agreement:
1. Commercial General Liability
• General Aggregate: $1,000,000
• Products & Completed Operations Aggregate: $1,000,000
• Personal & Advertising Injury: $1,000,000
• Per Occurrence: $500,000
• Fire Damage $50,000
• Coverage shall be at least as broad as ISO CG 00 01 10 93
• No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for review and
acceptance.
2. Business Automobile Policy
• Combined Single Limits: $500,000
• Coverage for "Any Auto"
3. Errors and Omissions
• Limit: $1,000,000 for this project.
• For all architects, engineers, and/or design companies
• Claims -made form is acceptable
• Coverage will be in force for three (3) years after construction of
the Project is completed.
4. Workers' Compensation
• Statutory Limits
• Employer's Liability $500,000
• Waiver of Subrogation required.
b. The following shall be applicable to all policies of insurance required herein.
1. Insurance carrier must have an A.M. Best Rating of A:VIII or better.
2. Only insurance carriers licensed and admitted to do business in the State
of Texas will be accepted.
4
3. Liability policies must be on occurrence form. Errors and Omissions can
be on claims -made form.
4. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except
after sixty (60) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
5. The City, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Errors and
Omissions Policy required herein.
6. Upon request and without cost to the City, certified copies of all insurance
polices and/or certificates of insurance shall be furnished to the City.
7. Upon request and without cost to the City, loss runs (claims listing) of any
and/or all insurance coverages shall be furnished to the City.
8. 8. All insurance required herein shall be secured and maintained in a
company or companies satisfactory to the City, and shall be carried in
the name of Professional. Professional shall provide copies of insurance
policies required hereunder to the City on or before the effective date of
this Agreement.
9. Indemnification and Release
PROFESSIONAL AGREES TO AND SHALL INDEMNIFY AND
HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO
AS THE "CITY") FROM AND AGAINST ANY AND ALL
CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS
AND LIABILITY OF EVERY KIND, 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 FOR ANY
BREACH OF CONTRACT, ARISING OUT OF, OR IN
CONNECTION WITH THE WORK DONE BY PROFESSIONAL
UNDER THIS CONTRACT CAUSED BY THE SOLE OR JOINT
NEGLIGENCE OF PROFESSIONAL AND ANY OTHER PERSON
OR ENTITY. IT IS THE EXPRESSED INTENTION OF THE
PARTIES HERETO, BOTH PROFESSIONAL AND THE CITY,
THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH
IS INDEMNITY BY PROFESSIONAL TO INDEMNIFY AND
PROTECT THE CITY FROM THE CONSEQUENCES OF
5
PROFESSIONAL'S OWN NEGLIGENCE, WHETHER THAT
NEGLIGENCE IS THE SOLE OR A CONCURRING CAUSE OF
THE RESULTING INJURY, DEATH OR DAMAGE. SUCH
INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY
ARISING FROM THE PERSONAL INJURY, DEATH, OR
PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR
RESULTS FROM THE NEGLIGENCE OF THE CITY. IN THE
EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT
AGAINST THE CITY FROM WHICH THE CITY IS
INDEMNIFIED, PROFESSIONAL FURTHER AGREES AND
COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY
LEGAL COUNSEL ACCEPTABLE TO THE CITY.THE
INDEMNITY PROVIDED FOR IN THIS ARTICLE VII SHALL
SURVIVE THE TERMINATION OR EXPIRATION OF THIS
AGREEMENT.
By this Agreement, the City does not consent to litigation or suit, and the City
hereby expressly revokes any consent to litigation that it may have granted by the
terms of this Contract or any other contract or agreement, any charter, or
applicable state law. Professional assumes full responsibility for its work performed
hereunder and hereby releases, relinquishes and discharges the City, its officers,
agents, and employees from all claims, demands, and causes of action of every kind
and character, including the cost of defense thereof, for any injury to or death of
any person (whether they be either of the parties hereto, their employees, or other
third parties) and any loss of or damage to property (whether the property be that
of either of the parties hereto, their employees, or other third parties) that is caused
by or alleged to be caused by, arising out of, or in connection with Professional's
work to be performed hereunder. This release shall apply with respect to
Professional's work regardless of whether said claims, demands, and causes of
action are covered in whole or in part by insurance.
10. Subcontractors and Subconsultants
Professional shall receive written approval of the City's Representative prior to the use of any
subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or
subcontractors shall be given to the City before execution of such contracts.
11. Termination of Professional
The City, besides all other rights or remedies it may have, shall have the right to terminate this
Agreement without cause upon ten (10) days' written notice from the City Manager to
Professional of the City's election to do so. Furthermore, the City may immediately and without
notice terminate this Agreement if Professional breaches this Agreement. A breach of this
Agreement shall include, but not be limited to, the following:
(a) failing to pay insurance premiums, liens, claims or other charges;
6
(b) failing to pay any payments due the city, state, or federal government from
Professional or its principals, including, but not limited to, any taxes, fees,
assessments, liens, or any payments identified in this Agreement;
(c) the institution of voluntary or involuntary bankruptcy proceeding against
Professional;
(d) the dissolution of Professional;
(e) refusing or failing to prosecute the Work or any separable part, with the
diligence that will ensure its completion within the time specified in this
Agreement;
(f) failing to complete work wthin the time period specified in this
Agreement; and/or
(e) the violation of any provision of this Agreement.
Upon delivery of any notice of termination required herein, Professional shall discontinue all
services in connection with the performance of the Agreement. Within ten (10) days after receipt
of the notice of termination, Professional shall submit a final statement showing in detail the
services satisfactorily performed and accepted and all other appropriate documentation required
herein for payment of services. At the same time that the final statement is tendered to the City,
Professional shall also tender all of Professional's work product, whether complete or not, in an
acceptable form and format to the City's Representitive. No final payment will be made until all
work product is so tendered.
If this Agreement is terminated for cause, Professional shall be liable for any damage to the City
resulting therefrom. This liability includes any increased costs incurred by the City in
completing Professional's work. The rights and remedies of the City in this section are in
addition to any other rights and remedies provided by law or under this Agreement.
12. Records
Within ten days of the City's request and at no cost to the City, the City will be entitled to review
and receive a copy of all documents that indicate work on the project that is the subject of this
Agreement.
13. Supervision of Professional
Professional is an independent contractor and the City neither reserves nor possesses any right to
control the details of the Work performed by Professional under the terms of this Agreement.
14. Billing
The City shall have thirty (30) days to pay Professional's bills from the date of receipt of such
bills. All bills must identify with specificity the work or services performed and the date(s) of
such work or services. In the event of a disputed or contested invoice, the parties understand and
agree that the City may withhold the portion so contested, but the undisputed portion will be
paid.
15. Reputation in the Community
Professional shall retain a high reputation in the community for providing professional
engineering services. Professional shall forward a copy of any current petition or complaint in
any court of law which (a) asserts a claim for $50,000 or more for errors or omissions in
7
providing engineering services and/or (b) seeks to deny the Professional the right to practice
engineering services or to perform any other services in the state of Texas.
16. Payroll and Basic Records
a. Professional shall maintain payrolls and basic payroll records during the course of
the work performed under this Agreement and shall preserve them for a period of
three years from the completion of the work called for under this Agreement for
all personnel working on such work. Such records shall contain the name and
address of each such employee, social security number, correct classification,
hourly rates of wages paid, daily and weekly number of hours worked, deductions
made and actual wages paid.
b. Professional shall make the records required to be maintained under the preceding
subsection (a) of this section available at no cost to the City for inspection,
copying or transcription or its authorized representatives within fifteen days of the
City's request therefor. Professional shall permit such representatives to interview
Professional's employees during working hours on the job.
17. Governing Law
This Agreement has been made under and shall be governed by the laws of the state of Texas.
The parties further agree that performance and all matters related thereto shall be in Harris
County, Texas.
18. Notices
Unless otherwise provided in this Agreement, any notice provided for or permitted to be given
must be in writing and delivered in person or by depositing same in the Unites States mail,
postpaid and registered or certified, and addressed to the party to be notified, with return receipt
requested, or by delivering the same to an officer of such party. Notice deposited in the mail as
described above shall be conclusively deemed to be effective, unless otherwise stated in this
Agreement, from and after the expiration of three (3) days after it is so deposited.
For the purpose of notice, the addresses of the parties shall be as follows unless properly changed
as provided for herein below:
For the City:
For the Professional:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522-0424
de Oplossing, Inc.
8
358 Roswell Street, Suite 1200
Marietta, GA 30060
Each party shall have the right from time to time at any time to change its respective
address and each shall have the right to specify a new address, provided that at least fifteen (15)
days' written notice is given of such new address to the other party.
19. No Third Party Beneficiary
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit Professional and the City only.
20. No Right to Arbitration
Notwithstanding anything to the contrary contained in this Agreement, the City and Professional
hereby agree that no claim or dispute between the City and Professional arising out of or relating
to this Agreement shall be decided by any arbitration proceeding including, without limitation,
any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable
State arbitration statute, including, but not limited to, the Texas General Arbitration Act,
provided that in the event that the City is subjected to an arbitration proceeding notwithstanding
this provision, Professional consents to be joined in the arbitration proceeding if Professional's
presence is required or requested by the City of complete relief to be recorded in the arbitration
proceeding.
21. Waiver
No waiver by either party to this Agreement of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
22. Complete Agreement
This Agreement represents the entire and integrated agreement between the City and Professional
in regard to the subject matter hereof and supersedes all prior negotiations, representations or
agreements, either whether written or oral, on the subject matter hereof. This Agreement may
only be amended by written instrument approved and executed by both of the parties. The City
and Professional accept and agree to these terms.
23. No Assignment
Professional may not sell or assign all or part interest in the transport of the materials to another
party or parties without the prior express written approval of the City Manager of such sale or
assignment. The City may require any records or financial statements necessary in its opinion to
ensure such sale or assignment will be in the best interest of the City.
24. Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
25. Severability
9
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
26. Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same.
27. Authority
The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he/she represents.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one
and the same Agreement on the t? day of RP,,,,.,Q , 2003, the date of execution by the
City Manager of the City of Baytown.
ATTEST:
G • Y W. SMITH, City Clerk
APPROVED AS TO FORM:
GNACIO RAMIREZ/S Z., City Attorney
(Signature)
Allen Shirley
(Printed Name)
Sr. Project Manager
(Title)
CITY OF BAYTOWN
GARY JAC S i N, City Manager
10
STATE OF TEXAS
COUNTY OF HARRIS
Befor a onthis day appeared
capacity as �,`ry?,L� of
such company, C1 Q
V known to me;
(� one)
proved to me on the oath of
proved to me through his current
{description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person}
✓ i/ /
in his
•aar.•�.. , on . -half of
; or
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this 2q day, f Q Q 2003.
N : ary ' ublic in and for the as
1
BORTINEI. HIGGINS I
NOTARY PU6UO
State of UM
Coss. eij1/-/A-4i
11
Exhibit "A"
Subject: Baytown Courts and Jail Facility
Re: Client Matter # 5004-1
The contents of the Exhibit include:
• Cost Proposal
• Scope of Work
• Number of hours to complete our scope of work
• Reimbursement of costs
1. Utilizing the punch list documents provided with your letter dated 4/2/03, perform an
onsite review and inspection for the purpose of verifying the punch list and warranty
work needed at the facility. To the extent we are able to identify additional items
requiring correction during our site review and inspection, we will add such items to
a comprehensive and consolidated list of remedial and/or corrective work.
Kelly Sirmon — Construction Specialist
24 Hours @ $90 per hour =
Airline @ $600 =
Jeff Setzer — Mechanical Specialist
24 Hours @ $90 per hour =
Airline @ $600 =
Subtotal
$2160.00
600.00
$2160.00
600.00
$5520.00
2. To prepare one or more bid packages for performance of the work, with a view
towards providing the City of Baytown with the most efficient and cost effective
method of performing the corresponding work items.
Our recommendation would be to break these packages into 3 groups, one for the
locks, etc., one for HVAC, and one for everything else, which are mostly cosmetic in
nature.
Allen Shirley — Construction Specialist
Package 1 — Locks, etc. 16 Hours @ $90 per hour = $1440.00
Package 2 — Cosmetics 16 Hours @ $90 per hour = 1440.00
Jeff Setzer — Mechanical Specialist
Package 3 — HVAC 16 Hours @ $90 per hour = $1440.00
Subtotal $4320.00
3. Conduct a review of the contract documents, project manual and close out documents
provided by the contractor to determine what, if any, deficiencies exist in the
contractor's submission of close out documents.
We recommend that this analysis determine the following:
• The status of warranties and whether extended warranties will need to be
purchased.
• The status of as-builts and whether or not as-builts need to be drawn.
Rx Date/Time JU4-18-2003(WED) 14:32 P.003
' Juri 18 ' 03 02:32p
p.3
• The required inspection reports as to reinforcing, etc. and whether or not
additional testing is required.
• An analysis of the HVAC drawings and what is in place.
• The actual floor elevations, as compared to contract requirements, completed
through an independent surveyor.
Certification of Elevation
Allen Shirley — Construction Specialist
24 Hours at S90 =
Jeff Setzer — Mechanical Specialist
24 Hours at S90 =
Airline @ $600
Subtotal
$ 600.00
$2160.00
$2160.00
600.00
$5520.00*
*Please note this subtotal or contract total does not include the following:
• Printing cost of bid documents or other materials necessary to complete this
contract
• Mailing cost of bid documents or other materials necessary to complete this
contract
• Accounting cost to prepare invoices
Note: Exhibits B, C and D are not applicable to this contract. -Afl iiiw�ca u�� u t 30 days.
-ProyErsecl-fertat - $15,360.00
Can- pcT P
ALl4r-11 f5;3//7o
Rx"Date/Time JUN-18-2003(WED) 14:32
Jun 18 03 02:32p
Date: 6/12/03 09:49 AM
Sender's Fax ID Corporate Insurance
P. 002
p.2
Page 2 of 3
ACORD CERTIFICATE OF LIABILITY INSURANCE
01010 RS
DEOPINC
PROWLER
KDC / Corporate Risk Advisors,
Roselle Wilkinson
358 Roswell Street
Marietta GA 30060
Phone: 770-509-9878 Fax: 770-509-5459
DATE IMM/DO/YY TY)
06/05/03
THIS CERTIFICATE 15 1SSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC
INSURED
de Oplossing' Inc.
3939 RoswellRoad, Suite 350
Marietta GA 30062
COVERAGES
SURERA CNA
MSURER £:
18313
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 WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POL CIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAC CLAIMS.
TNSR
LTR
min
NERD
TYPE OF INSURANCE
POLICY NUMBER
- POLICY EFFECTIVE
DATE (MNVDO/YY)
POLICY EXPIRATION
DATE (MM/DOTYY)
1*1RS
A
GENERAL
X
WBIUTY
COMMERCIAL GENERAL LLABIurY
TCP 2066471153
11/01/02
11/01/03
EACH OCCURRENCE
51,000,000
MAWGE ruHENMEU
PREMISES IEa xcun:me)
5 100, 000
CLAIMS MADE n OCCUR
MED EP'(Arm one person)
5 10,000
GENT
7
PERSONAL B ACV INJURY
51,000,000
GENERAL AGGREGATE
52,000,000
AGGREGATE LIMI I AYVLAS PER
POLICY —I J 1 r Loc
PROOUC TS • COMP/OP AGG
52,000,000
Emp Ben.
1,000,000
A
AUTOMOBILE
X
Z
Z
Z
WBU7Y
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRtOAU10S
NONOWNED AUTOS
Hired Car Phy Dam
BUA 2066471234
11/01/02
11/01/03
CONETINEDSNGI-FL DAT
(r'xnaem)
51, 000, 000
OODILY INJURY
(Per semen)
S
BODILY INJURY
(Pa nNCItlenEl
S
PROPERTY DAMAGE
(Pe/ a rIPenr•
4
GARAGE
.—._._
UABILIrY
ANY AUTO
AUTO ONLY. EA ACCIDENT
5
OTHER THAT. EA ACC
5
AUTO ONLY
AGO
5
A
EXCESS/UMBRELLAUABILRY
Z
X
OCCUR MAIMSTAADE
DEDUCTIBLE
RETENTION 410,000
CUP 2066471279
11/01/02
11/01/03
EACHOOCURRFNCE
55,000,000
AGGREGATE
55,000,000
5
$
5
A
WORKERS COMPENSATION AND
EMP:OYERS'LIABRIrY
ANY ,ROPRIETOR/PAR TNER/EIECUTIVE
OFFICER/MEMBER OlCLUOEO?
II yes, 0¢srfbe VMer
SPE CALPROVTJIDNS bolas
WC 2066471198
11/01/02
02/01/03
WC SIAI G OM
A. TORY UNITS I Z ER
EL EACH ACCIDENT
5500,000
E.L. DISEASE- EA EMPLOYEE
5500,000
E.L. DISEASE -POLICY UNIT
5 500, 000
A
OTHER
Property Insurance
TCP 2066471234
11/01/02
11/01/03
Contents
210,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES /EXCLUSIONS ADDEO BY ENDORSEMENT/ SPECIAL PROVISIONS
The City, its officers, agents and employees are named as additional insured
on the above mentioned liability policies for the ongoing operations of the
named insured, with coverage afforded on a primary basis, as required by
written contract. The City is afforded a waiver of subrogation on Workers
Compensation Coverage.
CATEHOLDER
CANCELLATION
CITYBAY
City of Baytown
P. O. Sox 424
Baytown TX 77522-0424
SHOULD ANY OF ME ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. TIE 'SEWN° INSURER WILL ENDEAVOR Nd 0000C 60 DAYS murrEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 0011531=COMOCX
IMPOSE NO °ROGATION OR LIABILITY OF ANY NIND UPON THE INSURER, 1T5 AGENTS 0R
REPRESENTATIVES.
AUTO° 0 EPREjj'TIVE /
O r8 yf�nK1�!
ACORD 25 (2001108)
0 ACORD CORPORATION 1988