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Ordinance No. 14,644
ORDINANCE NO. 14,644 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH CAROLLO ENGINEERS INC., FOR THE SOUTH MAIN DRAINAGE IMPROVEMENTS PHASE 2 PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED EIGHTY-FOUR THOUSAND THREE HUNDRED NINETY-SEVEN AND NO..' 100 DOLLARS ($484,397.00); 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 and the City Clerk to attest to a Consulting Services Agreement with Carollo Engineers Inc., for the South Main Drainage Improvements Phase 2 Project. A copy of said agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Carollo Engineers Inc., in an amount not to exceed FOUR HUNDRED EIGHTY-FOUR THOUSAND THREE HUNDRED NINETY-SEVEN AND NO 100 DOLLARS ($484,397.00) for professional services in accordance with the agreement authorized in Section 1 hereinabove. Section 3: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO,100 DOLLARS ($50,000.00) or less, provided that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent (25° 0)• 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 of e vote of the Cit Council of the City of Baytown this the 14" day of January, 2021. BRANDON CAPETILLCk Mayor 11C � L. HORNER, City Attorney ' o e u s ° °e L1'.� o 'Z f✓�`✓i0J.A�``�1 R: Karen Horner\Documents Files City Council Ordinances\202I Vanuary 14 CarolloEngineersPSASouthMaindrainagelmproementsPhase2Project.doc EXHIBIT "A" AGREEMENT FOR CONSULTING SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This Agreement (this "Agreement") entered into by and between Carollo Engineers, Inc. (hereinafter "Consultant") and the City of Baytown, a home -rule municipality located in Harris and Chambers Counties, Texas (the "City"). 1. Scope of Services/Consultant Fees This Agreement authorizes Consultant to perform consulting services services for South Main Drainage PH. 2 CDBG MIT (the "Work") for and on behalf of the City. The scope of the Work is detailed in Exhibit "A." The compensation and professional fees for Consultant and its subconsultants is more particularly described in Exhibit "B" and shall not exceed FOUR HUNDRED EIGHTY-FOUR THOUSAND THREE HUNDRED NINETY-SEVEN AND 00.'100 DOLLARS ($484,397.00). The time schedules for the Work are specified in Exhibit "C." Each of these Exhibits "A" through "C" are incorporated into this Agreement by reference for all purposes. 2. Compensation and Professional Fees a. The City shall pay Consultant in installments based upon monthly progress reports and detailed invoices submitted by the Consultant based upon the following: 1. Design Phase Services (Lump Sum)................................................$420,657.00 2. Bid Phase Services (Hourly Not to Exceed)......................................$11,412.00 3. Construction Phase Services (Hourly Not to Exceed).......................$52,328.00 4. Additional Services (Lump Sum)..............................................................$0.00 (These services require independent and specific advance, written authorization) 5. Reimbursable Expenses (Not to Exceed)....................................................$0.00 6. Total................................................................................................$484,397.00 b. For an agreed contract amount identified as "Lump Sum," "Not to Exceed" and "Reimbursable," Consultant shall not exceed the fixed contractual amount without written authorization in the form of a Contract amendment. C. Reimbursable Expenses, as shown in Exhibit "B" are itemized by work category. Reimbursable Expenses shall be invoiced AT COST, without subsequent markup by Consultant. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per allowable category. (1) Allowable reimbursable Expenses include: (a) Hard copy reproductions, copies, and/or binding costs; (b) Postage; Agreement for Consulting Services. Page 1 (c) Mileage, for travel from Consultant's local office (within a 25-mile radius) to meetings the City or job -site. Mileage shall be charged at the current IRS rates; (d) Travel Expenses, mileage from local office to State or federal regulatory agency office beyond I00miles; and (e) Lodging expenses for destinations beyond 100 miles from Consultant's local office AND when business hours exceed eight hours within one business day OR when Consultant's services require more than one eight -hour day at the destination; provided such expenses has been approved in writing by the City. (2) Disallowed Expenses include travel expenses for professional expertise traveling into the Greater Houston Area from Consultant's office outside the Greater Houston Area. d. Consultant shall invoice based upon total services actually completed during the applicable month. Invoices and all required or requested backup information shall be tendered no more often than once a month. Consultant shall not invoice the City for services or expenses that were incurred more than sixty (60) days before the date of the invoice. Failure to timely invoice the City for services or expenses shall result in Consultant's invoice being denied. e. In the event of a disputed or contested invoice, the City may withhold from payment that portion so disputed or contested, and the undisputed portion will be paid. 3. Personnel of Consultant a. Consultant's Project Manager Consultant shall designate Heather Harris, P.E., 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 Architects/Engineers Consultant shall keep a full-time registered architects and or engineers 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 Consultant's Employees Prior to commencement of the Work, Consultant 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, architects and/or engineers as applicable. Agreement for Professional Services, Page 2 d. Rejection of Consultant's Employees The City reserves the right to approve or reject from the Work any employees of Consultant. 4. Designation and Duties of the City's Representative a. The City's Director of Public Works and Engineering or his designee shall act as the City's Representative. b. The City's Representative shall use his best efforts to provide nonconfidential City records for Consultant'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. Notwithstanding the foregoing, Professional shall be entitled to use and rely upon information provided by the City in performing the services required under this Agreement only to the extent and level specified by the City in writing for each document provided. Nothing contained herein shall be construed to require the City to provide such records in any certain format. The format in which the existing data and documentation will be provided shall be at the sole discretion of the City. Standards of Performance a. Consultant shall perform all services under this Agreement with the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances, time and locality. Opinion of probable cost shall be based upon the consultant's experience and represent its best judgement as an experienced and qualified professional. Each submittal of opinion of probable cost shall be commensurate with the project design. Consultant 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. Consultant 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. Agreement for Professional 3ervices, Page 3 (3) All materials specified on any City project shall be in accordance with City, ASTM, ACI, and AASHTO specifications, and 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 and shall comply Texas Department of Licensing and Regulation's rules and regulations, including the Texas Accessibility Standards. (5) The codes and standards used in the profession set forth minimum requirements. These may be exceeded by the Contractor or Consultant 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. Consultant shall state the alternative codes and regulations used. (6) Consultant agrees the services it provides as an experienced and qualified architect/engineer will reflect the professional standards, procedures and performances common in the industry for this project. Consultant 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) Consultant shall promptly correct any defective analysis caused by Consultant at no cost to City. The City's approval, acceptance, use of or payment for all or any part of Consultant's services hereunder or of the Work itself shall in no way alter Consultant's obligations or the City's rights under this Agreement. As applicable, Consultant 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. (8) Consultant has no control over the cost of labor, materials, equipment or services furnished by others, other than its subconsultants. Data projections and estimates are based upon Consultant's opinion based on experience and judgment. Consultant cannot and does not guarantee that actual costs and/or quantities realized will vary from the data projections and estimates prepared by Consultant. Agreement for Professional Services, Page 4 (9) 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 versions 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 PDF TIF format. 6. Schedule Consultant shall not proceed with the Work or any stage thereof until written notice to proceed is provided by the City's Representative. Consultant's obligation to render services specified in Exhibit B will be for the entire period necessary for the final completion of the construction of the Work. If the Consultant contributes to any delay in the schedule, Consultant will have no right to seek and shall not be entitled to any additional compensation. 7. Instruments of Service Upon execution of this Agreement, Consultant grants to the City an ownership interest in the Instruments of Service. Consultant shall obtain similar interests from the City and Consultant's consultants consistent with this Agreement. As noted in Articles 5 & 11, Consultant 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 Consultant's name and all references to Consultant 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 Consultant shall procure and maintain at its sole cost and expense for the duration of the Agreement, insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, volunteers, employees or subconsultants. a. Consultant'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 Consultant's insurance and shall not contribute to it. Further, Consultant 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: Agreement for Professional Services, Page 5 1. Commercial General Liability ■ General Aggregate: $2,000,000 ■ Products & Completed Operations Aggregate: $2,000,000 ■ Personal & Advertising Injury: $1,000,000 ■ Per Occurrence: $1,000,000 ■ Fire Damage $500,000 ■ Waiver of Subrogation required. ■ Coverage shall be broad form. ■ 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: $1,000,000 ■ Coverage for "Any Auto" ■ Waiver of Subrogation required. 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 one (1) year after completion of the Project. ■ Waiver of Subrogation required. 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 for all liability policies 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. 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 thirty (30) days' prior written notice by mail, return receipt requested, has been given to the City. Agreement for Professional Services, Page 6 5. The City, its officers, agents and employees are to be added as Additional Insureds to all liability policies, with the exception of the Workers Compensation and Errors and Omissions Policies required herein. 6. Upon request and without cost to the City, certified copies of all insurance policies 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 Consultant. Consultant shall provide copies of insurance policies and endorsements required hereunder to the City on or before the effective date of this Agreement. 9. Indemnification and Release CONSULTANT 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 TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE PROFESSIONAL OR THE CONSULTANT'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE CONSULTANT EXERCISES CONTROL (COLLECTIVELY CONSULTANT'S PARTIES). IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH CONSULTANT AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONSULTANT TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF CONSULTANT'S PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE AS WELL AS THE CONSULTANT'S PARTIES' INTENTIONAL Agreement for Professional Services, Page 7 TORTS, INTELLECTUAL PROPERTY INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. 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 ANY PERSON OTHER THAN THE CONSULTANT'S PARTIES. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY FROM WHICH THE CITY IS INDEMNIFIED, CONSULTANT FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE TERMINATION AND/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. Nothing herein shall be construed so as to limit or waive the City's sovereign immunity. Consultant assumes full responsibility for its services 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 Consultant's services to be performed hereunder. This release shall apply with respect to Consultant's services regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. 10. Subcontractors and Subconsultants Consultant 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 Consultant The City, besides all other rights or remedies it may have, shall have the right to terminate this Agreement without cause upon written notice from the City Manager to Consultant of the City's election to do so. Furthermore, the City may immediately and without notice terminate this Agreement if Consultant breaches this Agreement. A breach of this Agreement shall include, but not be limited to, the following: Agreement for Professional Services, Page 8 (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 Consultant 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 Consultant; (d) the dissolution of Consultant; (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 within 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, Consultant shall discontinue all services in connection with the performance of the Agreement. Within ten (10) days after receipt of the notice of termination, Consultant 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, Consultant shall also tender to the City's Representative all of Consultant's instruments of service, including all drawings, special provisions, field survey notes, reports, estimates, and any and all other documents or work project generated by Consultant under this Agreement, whether complete or not, in an acceptable form and format together with all unused materials supplied by the City. No final payment will be made until all such instruments of service and materials supplied are so tendered. If this Agreement is terminated for cause, Consultant shall be liable for any damage to the City resulting therefrom. This liability includes any increased costs incurred by the City in completing Consultant's services. 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 subject to this Agreement. 13. Supervision of Consultant Consultant is an independent contractor and the City neither reserves nor possesses any right to control the details of the Work performed by Consultant under the terms of this Agreement. 14. Billing The City shall have thirty (30) days to pay Consultant's invoices from the date of receipt of such invoices and necessary backup information. All invoices 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. Consultant shall invoice the City for work Agreement for Professional Services, Page 9 performed no more than once a month and may not invoice the City for work not performed. Invoices shall be received by the City no later than sixty calendar (60) days from the date Consultant and/or its subconsultants perform the services or incur the expense. Failure by Consultant to comply with this requirement shall result in Consultant's invoice being denied and the City being relieved from any liability for payment of the late invoice. 15. Indebtedness. If Consultant, at any time during the term of this Agreement, incurs a debt, as the word is defined in section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately notify the City's Director of Finance in writing. If the City's Director of Finance becomes aware that Consultant has incurred a debt, the City's Director of Finance shall immediately notify Consultant in writing. If Consultant does not pay the debt within 30 days of either such notification, the City's Director of Finance may deduct funds in an amount equal to the debt from any payments owed to Consultant under this Agreement, and Consultant waives any recourse therefor. 16. No Boycott Israel. Consultant agrees that it will not boycott Israel during the term of this Agreement. As used in this section, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. 17. Reputation in the Community Consultant shall retain a high reputation in the community for providing professional architectural engineering services. Consultant 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 architectural/engineering services and/or (b) seeks to deny Consultant the right to practice architecture/engineering or to perform any other services in the state of Texas. 18. Payroll and Basic Records a. Consultant 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. Consultant 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. Consultant shall permit such representatives to interview Consultant's employees during working hours on the job. Agreement for Professional Services, Page 10 19. 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. 20. 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 United 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 Consultant: CITY OF BAYTOWN Attn: City Manager P. O. Box 424 Baytown, Texas 77522-0424 Carollo Engineers, Inc. Attn: Meera Victor 10375 Richmond Avenue, Ste. 1625 Houston, TX 77042 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. 21. No Third -Party Beneficiary This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit Consultant and the City only. No person or entity not a signatory to this Agreement shall be entitled to rely on Professional's performance of its services hereunder, and no right to assert a claim against Professional by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Professional's services hereunder. 22. No Right to Arbitration Notwithstanding anything to the contrary contained in this Agreement, the City and Consultant hereby agree that no claim or dispute between the City and Consultant 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 Agreement for Professional Services, Page 11 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, Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. 23. 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. 24. Complete Agreement This Agreement represents the entire and integrated agreement between the City and Consultant 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 Consultant accept and agree to these terms. 25. No Assignment Consultant may not sell or assign all or part interest in this Agreement 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. 26. Headings The headings used in this Agreement are for general reference only and do not have special significance. 27. Severability 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. 28. 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. 29. 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 day of , 2020, the date of execution by the City Manager of the City of Baytown. Agreement for Professional Services, Page 12 ATTEST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: KAREN L- HORNER, City Attorney Meera Victor Vice President STATE OF TEXAS CITY OF BAYTOWN RICHARD L. DAVIS, City Manager CONSULTANT: c.yol ID t V► i vv-" n c Firm Name (Company Name) (Printed Name) - (Title) COUNTY OF HARRIS § M e,era V1 �,''r � Before `�eon th' day personally appeared W-e44h r E]_ lJ at" rK , in his/her capacity as V i C.e.. rPs ide ial of , Carollo Engineers , on behalf of such corporation/ other, known to me; ❑ proved to me on the oath of ❑ proved to me through his/her current {description of identification card Agreement for Professional Services, Page 13 or or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person} (check one) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this 5111XL day of late �t drW 20�4 Notary Public in and for the St& of Texas %%COBFSOr\L.cgal\Karen%Filcs\Enginecdng\Engincering AgrcementsTm w 20MAgeement. =o� r ° ¢ EDNA MAURV Notary ID #6443743 " My C01nn1ltslon Expires r January 28, 2024 Agreement for Professional Services_ Page 14 EXHIBIT "A" SCOPE OF WORK SOUTH MAIN STREET DRAINAGE IMPROVEMENTS PHASE 2 BACKGROUND The area along South Main Street, from West Texas Avenue to East Republic Avenue, is often subject to localized flooding during storm events. The flooding affects access to public and private property and has caused property damage. The City of Baytown (City) initiated a project to address the flooding; the resulting preliminary engineering report (PER) is dated October 21, 2019. The City is currently in the construction phase for Phase 1 of the project identified in the PER, which contains South Main Street from West Texas Avenue to West Gulf Avenue. Phase 2 improvements include South Main Street from the Phase 1 project limits (West Gulf Avenue) to East Republic Avenue, as well as drainage improvements associated with a Harris County Flood Control District (HCFCD)-owned drainage channel 0101-01-00, or Jailhouse Ditch, to approximately Lee Street. The current Phase 2 concept as proposed also includes detention storage to reduce peak flows to the drainage system, although the location of the detention has not been finalized. The Phase 2 project described herein includes the evaluation and confirmation of the PER, detailed design efforts, and bid phase and construction administration services to implement a solution to the localized flooding challenges. DESIGN ENGINEERING SERVICES Task 1. Data Collection and Review This task includes reviewing available data relevant to the project; identifying data gaps required to conduct a more detailed investigation; and collecting the additional data. Note that, priorto contacting any property owners regarding necessary rights of entry (ROE) for data collection, the City will convey information about the project and the upcoming request for ROE via letters or door hangers, or both. Following, the Consultant will initiate the necessary ROE and will alert the City to any challenges as soon as is possible. The Consultant will review existing project documentation, particularly the hydrologic and hydraulic (H&H) model developed as part of the previous preliminary engineering effort and the Phase 1 as -built drawings. Based on an initial review, the existing H&H model (in XPSWMM) is populated for the drainage area east of S. Main Street but has little information for the area west of S. Main Street. Therefore, this effort will focus on information relevant to the area west of S. Main Street. Topographic survey data acquisition will occur in two stages. The first stage will include data collection in the project area that is already established. To reduce costs, the project team will collect data in the area selected for detention in a second stage, once the modeling effort has informed that decision. The Consultant will acquire topographic survey data and subsurface utility data consistent with the City and HCFCD Design Guidelines. All data gathered will be tied into the Texas Coordinate System of 1983, south central zone Tropical Storm Allison Flood Recovery Project (TSARP) benchmarks and vertical elevations provide in NAVD88, 2001 adjustment, with an additional reference for conversion to Geoid12A1, as required by HCFCD. The following is a summary of the first stage of survey activities: — From right of way to right of way along South Main Street from 25-feet north of West Gulf Street and heading south to 200-feet south of East Republic Avenue, including 100 feet east and west at West/East Gulf Street and East Republic Avenue; flow lines and sizes of existing storm sewer along the alignment and intersecting the existing storm sewer; and other significant features along the project limits. Surveyor will incorporate all trees 18-inches and larger as measured from 18-inches from ground level. Approximate right of way and property lines will be shown. (Approximately 1,045 LF) — Along the Union Pacific Railroad (UPRR) property from Lee Drive to South Pruett Street, then from the northeast corner of George Washington Carver Elementary to the west property line of the City of Baytown tract (109 South Main Street), from the centerline of the railroad tracts to the south property line of the UPRR property. Incorporate the full limits of the existing ditch. Include the flowline elevation and sizes of all culverts and inlets and outfalls where the ditch connects with or has inflow from the storm sewer, incorporate the outfall at Lee College, and indicate the size of pipe and flowline elevation. Approximate property lines will be shown. (Approximately 2,000 LF) For validation purposes, survey in storm manholes and inlets and acquire rim elevation of manholes, flowline and top of inlet elevations, inverts and sizes of 10% of the accessible storm manholes and inlets for the area incorporated into the hydraulic model; approximate boundaries include Main Street to the west, Briarwood Drive to the south, S. Alexander Drive to the east, and E Wright Street to the north. This will not include any topographic route surveying and the control will not be included in the survey control maps. (Approximately 20-25 structures with inverts and sizes) The following is a summary of the second stage of survey activities: — Survey of the selected detention location, including SO'grid across property and at all grade changes. — Perform subsurface utility engineering to verify existing utility information at up to 5 locations identified by the Consultant. ' The GEOID12A model is intended to transform between NAD 83 (2011/PAll/MA11) and the respective vertical datums for the different regions. Source: https://www.ngs.noaa.gov/GEOID/GEOID12A/ Survey Control Maps will be developed along the project. These mapping products will be provided in PDF and AutoCAD format with layers and line types, etc. to meet HCFCD requirements (note design drawings in subsequent tasks will be provided in MicroStation format). Additionally, the Consultant will prepare line work for all utilities along the project limits in plan and profile for incorporation into the plan and profile sheets for the project and will locate bore hole locations used for the geotechnical data collection effort. All collected points will be reflected on the topographic survey. • Geotechnical data collection efforts have already occurred for Phase 1 of the project in and along South Main Street, resulting in existing, geotechnical recommendations related to the proposed roadway repaving and storm sewer installation (e.g, concrete pavement thickness, including subgrade stabilization for the street pavement construction; bedding and backfill; and excavation trench stability and groundwater control for storm sewer installation and construction considerations). For Phase 2, specific to the project area in and along South Main Street, the Consultant will not collect additional geotechnical data and will provide a design consistent with the Phase 1 recommendations. The geotechnical data collected during Phase 1 will also be used to estimate depth to groundwater in the project area for use in developing detention concepts. Additional geotechnical data will be collected once the detention location and the extent of the Jailhouse Ditch modifications have been established for more accurate depth to groundwater and specific slope recommendations. The following is a summary of the geotechnical data collection effort: — Drilling and sampling four, 20-foot borings along Jailhouse Ditch and three, 20-foot borings within the proposed detention location. The sampling will be continuous at 2- foot intervals from ground surface to the explored depth. — Utilizing traffic control devices and personnel as appropriate during coring and drilling to maintain safety of the drilling crew and the public. — Repairing all boreholes consistent with native material. — Performing appropriate laboratory tests on selected representative samples to develop the engineering properties of the soil. — Performing engineering analyses to develop geotechnical recommendations for safe side slopes for the proposed Jailhouse Ditch improvements and the proposed detention location. — Submitting an updated geotechnical investigation report summarizing the methodologies used and resulting recommendations. The level of effort associated with the geotechnical data collection effort does not include site clearing, methods to address limited access, or erosion control devices. For the data collection efforts, as necessary, the Consultant will obtain utility clearance by calling Lone Star 811, referencing street name and Key Map block number, and marking the boring locations with paint and coordinating with representatives of utility companies; the Consultant will also contact the City's Public Works and Engineering Department (PWE) to reduce the risk to City utilities, as well. Deliverables • Hard copies of the completed utility base profile (upon request) and final, signed and sealed versions of all survey deliverables • Updated AutoCAD topographic base plan of the full survey. • Updated utility base plan of the survey, as well as a preliminary set of survey control maps. • A digital, pdf copy of the draft geotechnical data report, to be included with the 30% design submittal. • A digital, pdf copy of the final geotechnical data report, to be included with the 90% design submittal. Task 2. Hydrologic and Hydraulic Model Verification and Update Using the data collected in the previous tasks, as well as 2018 LIDAR topographic contours, digital elevation model (DEM) and aerial information, and subdivision drainage and storm sewer plans where necessary and available, the Consultant will update the existing model to develop a baseline, existing conditions 2D H&H model. The Consultant will then develop three flow regimes for the existing conditions, one to simulate each of the 10-, 25-, and 100-year storm events, consistent with the requirements aligned with each type of conveyance2. The Consultant will develop a series of five, proposed conditions H&H models for each of the three flow regimes modeled in the existing conditions scenario (i.e., 10-, 25-, and 100- year storm events). XPSWMM will be used to estimate flood impacts and level of service for each alternative for the 10-, 25-, and 100-year frequency storm events. Should there be any downstream base flood (100-year event) or water surface level increases that affect property owners other than the City, the design concept will be revised if and where possible such that this is not the case. The Consultant will model the proposed conditions based on the scenarios summarized in the following paragraphs; these scenarios may be tweaked based on the data collected in the previous tasks or other factors and can be refined as needed. — Scenario No.1: Increased Conveyance with Upsized Culvert. The Consultant will model a proposed 5-foot by 3-foot box culvert along South Main street. The additional conveyance will be modeled with general parameters of length, slope, depth, and material. The Consultant will perform a sensitivity analysis to understand the 2 Phase 1 is designed for the 10-year storm event; thus the proposed, underground conveyance should be hydraulically consistent. Separately, the City requires open channels be designed for a 25-year storm event. magnitude of changes in the system when the size of the modified conveyance is altered. — Scenarios 2, 3, and 4: Detention Basin Alternatives. The Consultant will model proposed detention at three locations; the Consultant will collaborate with City staff prior to selection of the alternative locations. The locations will be based on the existing conditions model, the previous preliminary engineering effort, professional judgement, and City input. The detention will be modeled with general parameters of achievable length, width, and depth and proposed outlet structure. — Scenario 5: Revised Harris County Flood Control Ditch. The Consultant will model the effectiveness of an upsized HCFCD ditch (i.e., Jailhouse Ditch) that is parallel to the UPRR, west of S. Main Street to approximately Lee Drive (at the culvert that directs the water under Lee College). The increased capacity of the ditch will be modeled with general parameters such as achievable width, depth, and slope. The Consultant will make assumptions as necessary at ditch crossings where survey information is unattainable. Deliverables • Existing conditions H&H model for so-, 25-, and ioo-year storm events • Five, proposed conditions H&H models for s0-, 25-, and soo-year storm events Geographical Information System (GIS) data generated for the project, including hydraulic cross sections, in a GIS shapefile format. Task 3. Alternatives Analysis and 30 Percent Design • The Consultant will conduct an alternatives analysis, integrating information gleaned from previous tasks, to select one preferred alternative. The Consultant will use the following criteria in terms relative to the other alternatives: — Schedule differentiators related to design, construction and permitting. — Cost differences based on a Class 4 opinion of probable construction cost (OPCC), as defined by the Association for the Advancement of Cost Engineering, International (AACEI). Class 4 is considered accurate to +5o to —3o percent and will be based upon a so percent design level. — Maintenance requirements/recommendations. — Aesthetics. — Constructability, including easement acquisition. — Permitting constraints. • Upon selection of the preferred alternative, the Consultant will provide a summary of efforts to date in a Technical Memorandum (TM) and will prepare a 3o% design submittal. All design documents will be prepared in accordance with HCFCD standards. For the 30% design milestone, the Consultant will provide: a. Drawings consistent with a 30% level of design, including plan and profile sheets and topographic survey b. An OPCC updated to a Budget Level or Class 3 cost estimate as defined by the AACEI. Class 3 is considered accurate to +30 to -20 percent and will be based upon a 30% design level. c. A working project schedule through construction completion in MS Project format or equal d. Draft specifications table of contents e. Draft geotechnical report f. Utility coordination/conflict inventory g. Draft TM describing the modeling effort and alternatives analysis The 30 percent design submittal will be submitted to the City for review and comment, and comments will be provided at or subsequent to a design review workshop held at a standard project progress meeting. Deliverables • Electronic copy of 3o% design submittal package Task 4. Detailed Design • The Consultant will prepare a 6o% design submittal based on data and feedback collected in response to the 30% submittal and through coordination with pertinent City staff. Specifically, the Consultant will request input from the City's PWE Operations staff so that maintenance is considered during design, resulting in proper access and straight -forward practices. One meeting has been included in this scope of work for that purpose. Additionally, the Consultant will initiate contractor outreach at this stage to obtain valuable feedback and to encourage high -quality contractors to bid the project. For the 6o% design milestone, the Consultant will provide: a. Response to comments on 3o% design deliverables b. Drawings consistent with a 6o% level of design, including site plan sheets; grading plans; proposed, modified cross sections and profiles; and detail sheets showing typical details c. And OPCC updated to a budget level or Class 3 estimate as defined by the AACEI. It is considered accurate to +30 to -20 percent, based upon a 6o% design deliverable d. Updated project schedule through construction completion e. Specifications f. Geotechnical report g. Updated utility coordination/conflict inventory h. Documentation appropriate for permitting needs at this level of design The Consultant will prepare a go% design submittal based on data and feedback collected in response to the 6o% submittal. Upon receipt of City comments, the Consultant will initiate the preparation of final bid documents. Contractor outreach will continue through final design as necessary and appropriate. For the go%/final design milestones, the Consultant will provide: a. Response to comments on the 600/o/90% design submittals b. Drawings consistent with a go%/final level of design c. An OPCC updated to a Control Level or Class z estimate as defined bythe AACEI. It is considered accurate to +20 to -15 percent, based upon a go/too percent design deliverable d. Updated project schedule through construction completion e. Specifications f. Final (signed and sealed) geotechnical report g. Updated utility coordination/conflict inventory h. Verification of submittal to other agencies for necessary approvals (e.g., HCFCD, UPRR, etc.) Each of the design packages will be submitted to the City for review and comment, and comments will be provided at or subsequent to a design review workshop held at a standard project progress meeting. The level of effort is based on open cut construction methods for any pipeline design and City -standard erosion control stabilization vegetation. Deliverables • Agenda, meeting materials, and meeting summary for the meeting with PWE Operations staff • Electronic copy of 6o% design submittal package • Electronic copy of the go% design submittal • Electronic copy of the final design submittal Task 5. Stakeholder Coordination and Outreach The Consultant will initiate communication with impacted utilities early in (and maintain communication throughout) the design process to address any concerns and associated requirements. The following private utility companies will be contacted: AT&T, Centerpoint Energy, PS Lightwave, Phonoscope, Comcast, and Kinder Morgan, as well as any other private entity that is identified during data collection. Any required private company relocations will be implemented by the private utility in a manner consistent with the proposed construction schedule. If City -owned utility relocation is required, the Consultant will include the associated design effort with the design packages. The associated level of effort is based on the existing, up to 8-inches in diameter water and wastewater pipelines; the level of effort does not include relocation of electric utilities. 0 The Consultant will provide support for the City's public outreach effort, which will take place through the existing Baytown Engage platform (https://www.baytownengage.com/). Support for public outreach will be similar to the effort currently seen on the Neighborhood Street Reconstruction website, which includes background information, frequently asked questions (and answers), and a PowerPoint presentation. The Consultant anticipates participation in and content development for one, online public outreach meeting. Deliverables • Copies of correspondence with utilities, including proof of design submittals (as appropriate). • Utility coordination/conflict inventory at each design milestone. • Design documents (plans and specifications) associated with City -owned utility relocation, incorporated in the project plan set. • Content forthe website and public outreach meeting that meets the standard and format provided. Task 6. Permitting Support The Consultant will assist the City in determining the extent of the regulatory requirements associated with the project via data collection and agency coordination. To reduce costs, we are recommending a proactive approach to coordination with certain agencies early in the project planning process. Initial communication with agency staff will aid in determining jurisdictional boundaries. A complete list of agencies to contact will be developed in cooperation with the City; we expect this list will include (but not be limited to) the United States Army Corps of Engineers (USACE), Texas Commission on Environmental Quality (TCEQ), UPRR, and HCFCD. Based on professional experience, we anticipate the following will be necessary (and has been included in the level of effort): — Delineation of the jurisdictional sections of any proposed drainage improvements within the project area for the purpose of due diligence. The level of effort is based on a finding of no associated USACE (Section 404 of the Clean WaterAct) permit needs beyond a preconstruction notification. — High-level review of site -specific historical and cultural resources information to ascertain whether additional, in-depth studies may be required for project implementation. — Review of state and federal databases to evaluate the potential presence and impact to threatened and endangered species of concern within and near the project area, as well. — Submittal of the summary of results of the desktop analyses to the Texas Historical Commission (THC),Texas Parks and Wildlife Department (TPWD), and the United States Fish and Wildlife Service (USFWS) via written correspondence (i.e., letters). The level of effort is based on no required efforts beyond notification. — Phase 1 Environmental Site Assessment for the applicable portions of the project, specifically the selected detention site. — Registration of the project with the Texas Department of Licensing and Regulation (TDLR) and review of the 90% design documents with respect to the Texas Accessibility Standards (TAS).The level of effort does not include additional design components to address anyTAS compliance needs (e.g., handrail, etc.) beyond a sidewalk. — Compliance with theTCEQ'sTexas Pollution Discharge Elimination System (TPDES) Construction General Permit via preparation the SWPPP (this effort is included with the design deliverables). The construction stormwater monitoring and reporting required byTCEQ and all other activities required for compliance with theTPDES program will be the responsibility of the contractor. — Population and submittal for the City's stormwater permitting process — Collaboration with/approvals from UPRR or HCFCD. The estimated level of effort is based on obtaining a letter of no objection from HCFCD and no need for HCFCD- specific permitting. Additionally, the level of effort is based on no necessary floodplain revisions, achievement of "no impact" (thus no Floodplain Administrator permit requirements), and no necessary critical habitat or presence/absence surveys. Deliverables • TPDES-compliant SWPPP (to be included in the design package). • Copies of letters submitted to THC, TPWD and USFWS. • Jurisdictional waters of the U.S. delineation. • Phase i Environmental Site Assessment • Documentation of the investigation efforts related to historical and cultural resources and threatened and endangered species Task 7. Bid Phase Services Bid phase services will include support services associated with facilitating contractor bidding of the project. The Consultant will develop a bid proposal and provide the Notice to Bidders (NTB) and list of bid items to the City's project manager in electronic form. The Consultant will attend one pre -bid conference and document/ answer questions received from prospective bidders. The Consultant will also assist the City in responding to pre -bid inquiries, issuing addenda (if necessary). The Consultant will also provide a Consultant's Recommendation of Award Letter that includes the following: a. Check for math errors and reconcile any mathematical discrepancies b. Review for unbalanced bid items c. Certify bid tabulation, including engineer's estimate d. Review of contractor's financial standing and references e. Explain any discrepancies between the engineer's estimate and the bids f. Recommend award The Consultant will document any substantial changes that affect the design (drawings and specifications) through red -line markups. These markups will be used to develop conformed documents after the bid is awarded. Upon selection of a contractor, the Consultant will produce and transmit five sets of the conformed design package (contract manual and full size drawings) in hard copy and one electronic format copy to the City's project manager in a format ready for execution with the City's Notice of Intent to Award (NOI). Deliverables • Attendance at one pre -bid conference. • Responses to questions in addenda form. • Engineer's Recommendation of Award Letter. • Conformed documents. Task 8. Construction Administration Services The Consultant will provide construction administration services for the duration of the construction phase; this effort will include the following: a. Attend pre -construction meeting to provide information and answer questions b. Attend monthly progress meetings with construction manager and contractor c. Review and comment on contractor's requests for information (RFIs) and requests for change orders (RCOs), including coordination with the City's construction manager on change directives and change orders d. Review and approve monthly pay applications, coordinating with construction manager e. Provide interpretations and guidance for the contractor and the City's construction manager in resolution of problems f. Support delivery of the project in accordance with design documents. g. Provide ongoing, monthly construction oversight reports detailing the status of construction for the project. h. Review all contractor submittals to ensure compliance with design documents and provide recommendations to the City. i. Provide on -site supervision and oversight of construction activities at a minimum on a bi- weekly basis. j. Coordinate with construction manager to review progress of work for substantial completion, including production of punch list and, following, substantiation that items are completed. Issue both certificate of substantial completion and final acceptance. k. Issue letter to the City recommending acceptance and release of final payment. I. Provide record drawings from contractor's as-builts in electronic format Further detail is provided in the subsequent paragraphs. Site Visits, Progress Meetings and Reports The Consultant will attend a pre -construction meeting with the City and contractor. Following, the Consultant will attend monthly progress meetings with the contractor through the construction phase of the project to receive the Contractor's report on the progress of construction, anticipated problems, and schedule for future work. The Consultant will prepare meeting summaries of each of these meetings. Additionally, The Consultant will perform bi- weekly on -site supervision, during which The Consultant will review the construction site and provide any recommendations to the City deemed necessary. The Consultant will submit monthly construction oversight reports to the City. Requests for Information (RFI) The Consultant will review and respond in writing to RFIs submitted by the contractor for compliance with the plans, specifications, and bid documents. Review of Change Orders Due to the nature of construction projects, site conditions may change from the time the project is designed to the time construction begins and/or may be different from what was previously believed. Therefore, the Consultant has included time to review and provide recommendations to the City for contractor -generated change orders over the course of construction. Contractor Submittals The Consultant team staff will review and comment on technical contractor submittals for compliance with the design documents. Possible submittals include the following: shop drawings, material data (e.g. concrete mixes), and product data. All submittals will be submitted to the Consultant project manager for distribution to the review team; all reviews will be provided to the City's project manager for distribution to the contractor and project team members affected by the review. The Consultant will keep a record of the approved submittals that will be submitted to the City as part of the record drawings submittal. The Consultant's review of all shop drawings, samples and submittals will be for general conformance with the design concept and general compliance with the requirements of the contract for construction. Incomplete submittals will be rejected. Pay Application The Consultant will review work in progress monthly with the contractor to determine status of work for payment purposes. The Consultant will review the contractor's draft pay request, request any additional documentation needed, and ensure that work status is accurately reflected in the progress payment request. The Consultant will document review of pay request and provide a written recommendation to the City indicating the amount to be paid. The Consultant will also indicate any irregularities or challenges that require resolution. Substantial Completion Walk -Through and Final Completion Walk Through The Consultant will lead a walk-through of the substantially completed project with the City and the contractor. During the walk-through, the Consultant will prepare a walk-through punch -list of items needing correction to comply with the design documents. Upon notification by the contractor that the discrepancies from the walk-through punch -list have been completed, the Consultant will schedule and participate in a final walk-through with the contractor and the City as required. The Consultant will provide a written summary of punch - list items that have been completed in accordance with the plans and specifications. Upon completion of the punch -list items, the Consultant will issue letter to the City recommending acceptance and release of final payment. Record Drawings The contractor will provide red -line mark ups of the final design plans based on construction and submit for use in developing record drawings. The contractor will be required to provide a certified survey of the new facilities, especially the water control elevations of new structures. The City's inspector and the Consultant will review and approve these markups and request any necessary corrections from the contractor; the Consultant will incorporate the approved markups in the final record drawings. The Consultant will submit an electric version of the marked -up construction drawings as record drawings to the City. Deliverables • Attendance at pre -construction meeting • Attendance at monthly construction progress meetings and construction meeting summaries • Responses to contractor submittals, RFIs, and requests for change order • Pay application review notes, and recommendations to pay • Monthly construction oversight reports • Record drawings in electronic format • Walk-through punch -list • Certificate of substantial completion • Final Acceptance letter Task 9. Project Management Team coordination and management (including all subconsultants) will take place through a combination of client meetings, status reporting, and regular phone and e-mail communications with key project personnel. The project team will review project management protocols, discuss deliverables and the project schedule, and address project concerns throughout the project. The Consultant will be responsible for submitting monthly invoices and accompanying status reports, as well as providing informal status updates via email and conducting regular project meetings. Two, virtual meetings will occur prior to the start of Task 1: the Consultant internal team kickoff meeting and the external team kickoff meeting, which will include key personnel from both the Consultant and the City and will establish project expectations, create a communication plan, identify a schedule of activities, and refine the scope of work, if necessary. Following the initiation of the project and to ensure open and active communication regarding project -related items, the Consultant will lead monthly project meetings, alternating who attends monthly meetings in person and who attends virtually. These meetings will serve to communicate project status and maintain momentum and may serve as a vehicle for deliverable review and comment. Informal status updates will also be provided to the City via phone call or email when appropriate. Monthly invoices submitted through the Detailed Design task (i.e., through Task 6) will include a percent complete for labor (including subconsultant charges) by task, based on a lump sum contract. Monthly invoices submitted forthe bid and construction phase assistance tasks (Tasks 7 and 8) will include a summary of hours by labor category by task (including subconsultant charges), based on an hourly not to exceed contract. The Consultant will submit invoices for reimbursable expenses based on a fee not to exceed contract. All monthly invoices will include a written project status update, which will support City reporting to HCFCD. The total duration of this effort is expected to be approximately 20 months, divided as follows: • Task s, Data Collection and Review: total of approximately 6 months, occurring simultaneously with other tasks • Task 2, Hydrologic and Hydraulic Model Verification and Update: 1 month • Task 3, Alternatives Analysis and 30 Percent Design: total of approximately 4 months, occurring simultaneously with other tasks • Task 4, Detailed Design: approximately 5 months • Task 5, Stakeholder Coordination and Outreach: approximately 5 months • Task 6, Permitting Support: total of approximately 8 months, occurring simultaneously with other tasks • Task 7, Bid Phase Services: 2 months • Task 8, Construction Administration Services: 6 months Deliverables Monthly progress reports and invoices External project team kickoff meeting presentation and summary Meeting minutes summarizing the progress meetings $ Ma n st oo nage Impm.ame—holed. Phase 2 EXHIBIT "B" LEVEL OF EFFORT ® I •Original fees submitted for each subconsulram are as follows. ACI:$1,150 Gooch: $35,500 Geotest:$71,968 Arroyo:$18,750 Survey: $63,311 ,Task ID Name Duration Sian Finish Number (Task _ NTP 0days Men 211121 Mon 2/1/21 3 Data Collection and Review 120 days Tue 2/9/21 Mon 7/26/22 2 Alternatives Analysis and 30 Percent 8S days Tue S/4/21 Mon 8/30/21 Design Alternatives Analysis 10 days Tue 5/4/21 Mon S/17/21 3 30 Percent Design 35 days Tue 7/13/21 Mon 8/30/21 e Detailed Design 100 days Tue 8/31/21 Thu 2/3/22 60 Percent Design 1S days Tue 8/31/21 Mon 11/1/21 90 Percent bes,gn 3S days Tue 11/2/21 Thu 1/6/22 Final Design 20 days Fri 1/7/22 Thu 2/3/22 5 Stakeholder Coord!natron and Outreact 100 days Tue 8/31/21 Thu 2/3/22 [• Permit ng Support 33 wkt Tue 4/6/21 Mon 11/22/21 7 Bid Phase Assistance Services 2 moos Fr 2/4 22 Thu 3/31/22 8 Construction Phase Assistance Services 6mons Fr 4/1 22 Thu 9/15/22 9 Project Management 420 days Mon 2/1/21 Wed 9/28/22 EXHIBIT "C' MFrm Apnl May June July Awyn Sepi-k Ouetrr Ny._emd Decempt lanwry Febrvar;MWh April May line July August I"1 z lah -eallealilit ProlM sanmary —.17atk C - 1 Stan-r* E Dea W Project: SMainStDrainagePh2_S spirt .. .. mxlne Tact Duration -arty = Finhb-may s Nog, - Date: Wed 12/30/20 Mi4none a-1— M re — 11-4 summary Rotup Ealemal Tasks w Marwal N.,-, summary Summary T Al-1 summary �1 Enernal M.lertorm Page 1 ACOR 7 0 CC CERTIFICATE OF LIABILITY INSURANCE 7-4;2021 DATE(MM/DD/YYYY) 9/28/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 CONTACT PHONE FAX A/C No E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Company 16535 INSURED CAROLLO ENGINEERS, INC. 1472613 2795 MITCHELL DR. INSURER B : American Guarantee and Liab. Ins. Co. 26247 INSURER C : Continental Casualty Company 20443 INSURER D : WALNUT CREEK CA 94598-1601 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 17019601 REVISION NUMBER: XXXXXXX 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. POLICY EXP INSR TYPE OF INSURANCE INSD WVD SUER POLICY NUMBER MM/L UY/YYYY MM/DD/YYYY LIMITS LTR A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE EJ OCCUR Y Y GLO 9730569 7+4.2020 7/4/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY ECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY y y BAP 9730571 7/4/2020 7/4/2021 COMBINED SINGLE LIMIT Ea accident $ 2 000 000 BODILY INJURY (Per person) $ XXXXXXX X ANY AUTO OWNED AUTOS ONLY AUTOSULED BODILY INJURY (Per accident) $ XXXXXXX P.rr accidPROPERenDAMAGE $ XXXXXXX HIRED X AUTOS ONLY Ix AUTOS ONLDY DED: COMP/COLL $ 1,000 UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX EXCESS LIAR CLAIMS -MADE DED I I RETENTION $ $ XXXXXXX A � AND EMPLOYERS' LIABILITY WORKERS COMPENSATION Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N ,(Mandatory In NH) N / A Y WC 9730570 7/4/2020 7/4/2021 X STATUTE I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C PROFESSIONAL N N AEH 288354410 7/4/2020 7/4/2021 EACH CLAIM: $1,000,000; LIABILITY AGGREGATE: $1,000,000 UNLIMITED PRIOR ACTS DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) South Main Street Drainage Improvements Phase 2: DR2002 - Funded by Harris County Flood Control District under Agreement No. 2020-133 - RFQ 20-0826. City of Baytown, its officers, agents and employees are additional insureds as respects general liability and auto liability, and these coverages are primary and non-contributory, as required by written contract. (SEE ATTACHED.) GtK I IrIGA I L MULUtK GANGtLLA I IUN See Artacnments 17019601 City of Baytown SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2123 Market St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Baytown TX 77520 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED 01988L2015 ACORD CORPORATION. All riahts reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CONTINUATION DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS (Use only if more space is required) Waiver of subrogation applies to general liability, auto liability and workers compensation/employer's liability where allowed by state law and as required by written contract. ACORD 25 (2016103) Certificate Holder ID: 17019601 Attachment Code: D573119 Certificate ID: 17019601 INSURED: Carollo Engineers, Inc. POLICY: AEH 288354410 PROFESSIONAL LIABILITY AND POLLUTION INCIDENT LIABILITY INSURANCE POLICY NOTICE ENDORSEMENT - CANCELLATION OR NON -RENEWAL EFFECTIVE: 7/4/2020 We agree with you that your Policy is amended to include the following additional provisions. 1. Your Policy will not be: Canceled by us until we provide at least: 10 days prior written notice if we cancel your Policy for Non-payment of Premiums; 30 days prior written notice if we cancel your Policy for the following reasons: any reason other than non-payment of premiums ----- Non -renewed by us until at least entity named in 2 below. 2. Person or Entity: days prior written notice is given to the person or All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated insurers, takes effect on the effective date of said Policy at the hour stated in said Policy and expires concurrently with said Policy unless another effective date is shown above. Attachment Code: D573121 Certificate ID: 17019601 Notification to Others of Cancellation, Nonrenewal or Reduction of Insurance Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. BAP 9730571 7/4/2020 7/4/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non -renewal: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation or non -renewal, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If coverage afforded by this Coverage Part is reduced or restricted, except for any reduction of Limits of Insurance due to payment of claims, we will mail or deliver notice of such reduction or restriction: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below. D. If notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) / Organizations : Number of Days Notice: All certificate holders where notice of cancellation is required by written contract with the Named Insured 60 All other terms and conditions of this policy remain unchanged. U-CA-811-A CW (05/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Attachment Code: D573122 Certificate ID: 17019601 Notification to Others of Cancellation, Nonrenewal or Reduction of Insurance Policy No. I Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. AddT Prem Return Prem. LO 9730569 7/4/2020 7/4/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Liquor Liability Coverage Part Products/Completed Operations Liability Coverage Part A. If we cancel or non -renew this Coverage Part(s) by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non -renewal: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation or non -renewal, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part(s) by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If coverage afforded by this Coverage Part(s) is reduced or restricted, except for any reduction of Limits of Insurance due to payment of claims, we will mail or deliver notice of such reduction or restriction: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below. D. If notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) / Organ izations : Number of Days Notice: All certificate holders where notice of cancellation is required by written contract with the Named Insured 60 All other terms and conditions of this policy remain unchanged. U-GL-1447-A CW (05/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Attachment Code: D573124 Certificate ID: 17019601 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 NOTIFICATION TO OTHERS OF CANCELLATION, NONRENEWAL OR REDUCTION OF INSURANCE ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX CONDITIONS A. If we cancel or non -renew this policy by written notice to you for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non -renewal to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the cancellation or non -renewal, as advised in our notice to you, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this policy by written notice to you for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If coverage afforded by this policy is reduced or restricted, except for any reduction of Limits of Liability due to payment of claims, we will mail or deliver notice of such reduction or restriction to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below. D. If notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) I Or anization s : Number of Days Notice: All certificate holders where notice of cancellation is required by written contract with the Named Insured 60 All other terms and conditions of this policy remain unchanged. 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. WC 9730570 Insured CAROLLO ENGINEERS, INC. Insurance Company Zurich American Insurance Company Endorsement No. Premium $ WC 99 06 34 (Ed. 05-10) Includes copyrighted material of National Council on Compensation Insurance, Inc. with its permission. Page 1 Of 1 Attachment Code: D573125 Certificate ID: 17019601 POLICY NUMBER: BAP 9730571 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: American Guarantee and Liab. Ins. Co. Endorsement Effective Date: 7/4/2020 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization to whom or which you are required to provide additional insured status or additional insured status on a primary, non-contributory basis, in a written contract or written agreement executed prior to loss, except where such contract or agreement is prohibited by law. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 4810 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTM Attachment Code: D573120 Certificate ID: 17019601 POLICY NUMBER: BAP 9730571 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: American Guarantee and Liab. Ins. Co. Endorsement Effective Date: 7/4/2020 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization to whom or which you are required to provide additional insured status or additional insured status on a primary, non-contributory basis, in a written contract or written agreement executed prior to loss, except where such contract or agreement is prohibited by law. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the 'loss" under a contract with that person or organization. CA 04 4410 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTM Attachment Code: D573129 Certificate ID: 17019601 POLICY NUMBER: GLO 9730569 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS 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 mark 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 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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, 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 the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 Wolters Kluwer Financial Services I Uniform FormsTM Attachment Code: D573129 Certificate ID: 17019601 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © ISO Properties, Inc., 2004 CG 20 37 07 04 13 Attachment Code: D573181 Certificate ID: 17019601 POLICY NUMBER: GLO 9730569 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) I 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 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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, 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 above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 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 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. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 Wolters Kluwer Financial Services I Uniform FormsTM Attachment Code: D573181 Certificate ID: 17019601 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 Attachment Code: D579070 Certificate ID: 17019601 ZURICH Other Insurance Amendment — Primary And Non -Contributory Policy No. Eff. Date of Pol. Exp. Date of Pol. LEM Date of End. Producer No. AddT Prem Return Prem. LO 9730569 7/4/2020 7/4/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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. U-GL-1327-B CW (04/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Waiver Of Subrogation (Blanket) Endorsement Policy No. GLO 9730569 Eff. Date of Pol. 7/4/2020 Exp. Date of Pol. 7/4/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights applies only with respect to the above contract(s) and shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-A CW (12/97) Page 1 of 1 Attachment Code: D573128 Certificate ID: 17019601 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (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 Any person or organization you are required to waive your rights of recovery in a written contract, agreement or permit with the Named Insured. 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. WC 9730570 Endorsement No. Insured CAROLLO ENGINEERS, INC. Premium $ Insurance Company Zurich American Insurance Company Countersigned by WC124 (4-84) WC000313