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R2018-226 2018-11-26 RESOLUTION NO. R2018-226 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Enprotec/Hibbs & Todd, Inc., for design services, associated with the Bailey Water Plant Project, in an amount not to exceed $372,460.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for engineering design services associated with the Bailey Water Plant Project, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for engineering design services associated with the Bailey Water Plant Project. PASSED, APPROVED and ADOPTED this the 26th day of November, A.D., 2018. TeL TOM REID MAYOR ATTEST: Y• /f G Lei , T C 6 Y. 11 SEC' TARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY R2018-226 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Enprotec/Hibbs & Todd("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Bailey Water Plant Improvements ("PROJECT"). (Project#WA1901) SECTION I -SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall perform engineering services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule.The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook)considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes,reports,estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors Design 1 of 6 D2.Revised 2018 and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage.Prior to commencing services under this CONTRACT,CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage,conditions,and limits required by this CONTRACT are in full force and effect. G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees,harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT,his officers, employees,agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. Design 2 of 6 D2 Revised 2018 SECTION II-PERIOD OF SERVICE This CONTRACT will be binding upon execution and end July 31, 2021. SECTION III-CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1. Basic Services (Lump Sum) $208,450.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Hourly Not to Exceed): $37,260.00 3. Bid Phase Services (Hourly Not to Exceed) $20,720.00 4. Construction Phase Services (Hourly Not to Exceed) $106,030.00 5. Reimbursable Expenses (Not to Exceed) 6. Total: $372,460.00 C. The CITY shall make payments to the CONSULTANT within thirty(30)days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub- consultant(s) or in any way affect the CONSULTANT'S status as an independent contractor of the CITY. Design 3 of 6 D2 Revised 2018 SECTION V-TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason-- with or without cause--by delivering written notice to CONSULTANT personally or by certified mail at 402 Cedar Street, Abilene, Texas 79601. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty(60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum,the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. Design 4 of 6 D2 Revised 2018 SECTION VI—ENTIRE AGREEMENT • This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person,other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability,and in its discretion,may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission,percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. 11 ‘44.------- /1,2_ge,0 CIT gn F PE• '4 AND,TEXAS DATE i _ . . I1'' bar Ia dol? CO P ANT DATE Design 5 of 6 D2 Revised 2018 House Bill 89 Verification I, JOIIL,I S• 1111305 (Person name), the undersigned representative (hereafter referred to as "Representative") of Lir �c RAM eTode9, Tnc. 1 (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18)years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean 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. / , J SIGNATU j OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this I(2'- day of No-ve ber- , 20 . JUDY DRINNON rrlier Notary Public,State of Tens NOTMYID"'25716974 NotaryPublic „E� ,,,.'i,;,mmission Exp U$09•u Design 6 of 6 D2 Revised 2018 eHT Enprotec/Hibbs&Todd November 8, 2018 Via Email City of Pearland 3519 Liberty Drive Pearland,TX 77581 Attn: Mr. Robert Upton, P.E.—Director of Engineering and Capital Projects Re: Bailey WTP Improvements Project Scope of Services Dear Mr. Upton: Enprotec / Hibbs & Todd, Inc. (eHT) is pleased to submit our design, bidding and construction phase Project Proposal for the Bailey WTP Improvements Project. Included with this letter you will find our scope of services, compensation, and preliminary project schedule. Should you require any additional information, please let me know. We look forward to working with the City of Pearland as this project moves into the design phase. Sincerely, Enprotec I Hibbs&Todd, Inc. 904 Jordan S. Hibbs, P.E. Associate Vice President Attachment: Exhibit A-Scope of Services Exhibit B-Compensation Rate Schedule Preliminary Project Schedule c: Project File P:1Contract Forms\Client Engineering Contracts1Peariand\Bailey WTP1Peadand Bailey Proposal Letter.docx Environmental,Civil&Geotechnical Engineers Abilene Office Lubbock Office Granbury Office 402 Cedar 6310 Genoa Avenue,Suite E 1310 Weatherford Hwy,Suite 116 Abilene,Texas 79601 Lubbock,Texas 79424 Granbury,Texas 76048 P.O.Box 3097 806.794.1100 1806.794.0778 fax 682.498.6000 1682.498.6293 fax Abilene,Texas 79604 325.698.5560 1325.690.3240 fax www.e-ht.com PE Firm Registration No.1151 PG Firm Registration No.50103 RPLS Firm Registration Nos.10011900&10007300 EXHIBIT"A" SCOPE OF SERVICES CITY OF PEARLAND—BAILEY WATER TREATMENT PLANT IMPROVEMENTS Consultant(or"Engineer')shall evaluate and design improvements for the Bailey Water Treatment Plant(WTP) Improvements Project. Engineer shall prepare plans, specifications, and contract documents for the purpose of acquiring a qualified contractor to install and construct the proposed improvements. Engineer shall assist with bidding of the project, and shall provide construction administration services. The full scope of services to be provided by the Engineer is set forth below. I. Basic Services-Preliminary Design Phase A. Once authorized by the City, the Engineer shall: 1. Attend Kick-Off meeting with the City to review available information and establish project goals and schedule. 2. Conduct a week-long pilot study with up to three(3)different media. Coordinate up to 3 sampling events during the pilot study to establish baseline water quality parameters from both the Bailey well and the Magnolia well along with treated effluent water quality. 3. Based on the results of the pilot study, evaluate up to three (3) different treatment alternatives for removal of iron,manganese and dissolved hydrogen sulfide in the well water. The treatment system for both of the wells will be located at the Bailey WTP site. 4. Evaluate location and provide preliminary drawings for a new prestressed concrete finished water storage tank to be located at the Bailey WTP site. 5. Provide preliminary demolition plans for the existing steel tank to be demolished once the new concrete tank has been placed into service. 6. Determine lift station sizing and preliminary routing for force main to transfer backwash waste to the City's sanitary sewer system. Provide schematic level drawings. 7. Develop preliminary CT analysis of proposed treatment impacts. 8. Engineer will provide the civil,piping and instrumentation designs for the water quality improvements system to be implemented at the Bailey WTP site as selected by the City. Provide schematic level process drawings. 9. Coordinate with the City's preferred SCADA vendor to design performance-based SCADA improvements for the Bailey WTP. Pearland Bailey WTP Improvements Exhibit A Page 1 of 7 10. Develop Preliminary Opinion of Probable Construction Cost(OPCC). 11. Document the tasks performed under the Preliminary Design Phase in a Preliminary Engineering Report (PER) and provide a DRAFT copy of the document for City review. 12. Address any comments generated by the City and submit up to two (2) final hard copies and an electronic copy of the Preliminary Design Phase Documents to the City. B. Engineer's Services under the Preliminary Design Phase will be considered complete on the date when the final copies of the Preliminary Design Phase Documents required above have been delivered to the City. II. Basic Services-Final Design Phase A. Once authorized by the City, the Engineer shall: 1. Prepare final Drawings indicating the scope, extent,and character of the Work to be performed and furnished by Contractor. Specifications will be prepared, where appropriate, in general conformance with the 16-division format of the Construction Specifications Institute. Contract documents will be prepared using the City's standard documents. Engineer will use City's standard technical specifications where applicable and appropriate. Drawings shall be submitted for City review at 60%and 90% milestones. 2. Building to include lab, single restroom, electrical room and main operations/mechanical room. 3. Provide an updated Opinion of Probable Construction Cost to the City. 4. Furnish the Design Phase documents to and review them with City at both the 60% and 90% milestones. Make any final modifications or changes as requested by the City. 5. Submit design documents to regulatory agencies, as required, for review and approval. 6. Submit up to two (2) hard copies and an electronic copy of the final Design Phase Documents to the City. B. Engineer's Services under the Final Design Phase will be considered complete on the date when the final copies of the Design Phase Documents required above have been delivered to the City. III. Basic Services-Bidding Phase A. After acceptance by City of the final Design Phase Documents and the most recent Opinion of Probable Construction Cost as determined in the Final Design Phase, Engineer shall: Pearland Bailey WTP Improvements Exhibit A Page 2 of 7 1. Assist City in preparing the project for advertisement and bidding. 2. Attend a pre-Bid conference. 3. Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents. 4. Consult with City as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by Contractor for those portions of the Work as to which such acceptability is required by the Bidding Documents. 5. Prepare Engineer's Recommendation of Award Letter that includes a certified bid tabulation, a review of contractor's qualifications, explanation of reasoning for recommendation, and any other relevant information. 6. Attend City Council Meeting when recommendation of award is considered. 7. Produce and transmit to selected contractor up to five (5) sets of plans and project manuals in hard copy and electronic format. B. The Bidding Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractors. IV. Basic Services- Construction Phase A. Upon successful completion of the Bidding Phase, Engineer shall: 1. General Administration of Construction Contract. Consult with City and act as City's representative as provided in the General Conditions. The extent and limitations of the duties, responsibilities and authority of Engineer as assigned in said General Conditions shall not be modified,except as Engineer may otherwise agree in writing. All of City's instructions to Contractor will be issued through Engineer,who shall have authority to act on behalf of City in dealings with Contractor to the extent provided in this Agreement and said General Conditions except as otherwise provided in writing. 2. Pre-Construction Conference. Participate in a Pre-Construction Conference prior to commencement of Work at the Site. 3. Visits to Site and Observation of Construction. In connection with observations of Contractor's work in progress while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the Work. Such visits and observations by Engineer,and the Project Inspector,if any, are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress or to involve detailed inspections of Contractor's work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but Pearland Bailey WTP Improvements Exhibit A Page 3 of 7 rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment as assisted by the Project Inspector,if any. Based on information obtained during such visits and such observations, Engineer will determine in general if Contractor's work is proceeding in accordance with the Contract Documents, and Engineer shall keep City informed of the progress of the Work. b. The purpose of Engineer's visits to, and representation by the Project Inspector,if any,at the Site,will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase,and,in addition,by the exercise of Engineer's efforts as an experienced and qualified design professional, to provide for City a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. Engineer shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work,nor shall Engineer have authority over or responsibility for the means, methods,techniques,sequences,or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 4. Defective Work. Recommended to City that Contractor's work be disapproved and rejected while it is in progress if,on the basis of such observations,Engineer believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 5. Clarifications and Interpretations; Field Orders. Issue necessary clarifications and interpretations of the Contract Documents to allow the orderly completion of the Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Engineer may issue Field Orders through the City's representative,authorizing minor variations from the requirements of the Contract Documents. 6. Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives to the City, as appropriate, and support the City in the preparation of Change Orders and Work Change Directives as required. 7. Shop Drawings and Samples. Review and take appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and Pearland Bailey WTP Improvements Exhibit A Page 4 of 7 compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such reviews or other action will not extend to means,methods,techniques,sequences or procedures of construction or to safety precautions and programs incident thereto. Engineer has an obligation to meet any Contractor's submittal schedule that has earlier been acceptable to Engineer. 8. Substitutes and"or-equal."Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by contractor, but subject to a reasonable number of substitution requests. 9. Inspections and Tests. Require such special inspections or tests of Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections,tests, and approvals required by Laws and Regulations or the Contract Documents. Engineer's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections,tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 10. Disagreements between City and Contractor. Render formal written decisions on all claims of City and Contractor relating to the acceptability of contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of Contractor's work. In rendering such decisions, Engineer shall be fair and not show partiality to City or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 11. Applications for Payment. Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer's representation to City, based on such observations and review, that,to the best of Engineer's knowledge,information and belief,Contractor's work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe Contractor's work. In the case of unit price work, Engineer's recommendations of payment will include final determinations of quantities and classifications of Contractor's work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in this paragraph are expressly subject to the limitations set forth in subparagraph b.below and other express or general limitations in Pearland Bailey WTP Improvements Exhibit A Page 5 of 7 this Agreement and elsewhere. b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer's review of Contractor's work for the purposes of recommending payments nor Engineer's recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor's work in progress or for the means, methods, techniques,sequences,or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progress, materials,or equipment has passed to City free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between City and Contractor that might affect the amount that should be paid. 12. Contractor's Completion Documents. a. Receive and review maintenance and operating instructions,schedules,and guarantees. b. Receive certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved as specified, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. The extent of such Engineer's review will be limited as stated. c. Engineer shall transmit these documents to City. d. Review Contractor's as-built drawings. e. Provide Record Drawings, based on Contractor's As-Built Drawings, in electronic format to the City. 13. Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with City and Contractor,conduct an inspection to determine if the Work is Substantially Complete. 14. Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that Engineer may recommend,in writing, final payment to Contractor. Accompanying the recommendation for final payment,Engineer shall also provide a"Notice of Acceptability of Work"that the Work Pearland Bailey WTP Improvements Exhibit A Page 6 of 7 is acceptable to the best of Engineer's knowledge,information,and belief and based on the extent of the services provided by Engineer under this Agreement. B. Duration of Construction Phase. The Construction Phase will commence with the execution of the Construction Agreement for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractor. C. Limitation of Responsibilities. Engineer shall not be responsible for the acts or omissions of any Contractor,or of any of their subcontractors,suppliers,or of any other individual or entity performing or furnishing any of the Work. Engineer shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. V. Basic Services-Post-Construction Phase A. Engineer, during the Post-Construction Phase, shall: 1. Provide assistance in connection with the testing and adjusting of Project equipment or systems. 2. Together with City, visit the Project to observe any apparent defects in the Work, assist City in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of Defective Work, if present. 3. In company with City, provide an inspection of the Project within one month before the end of the Correction Period to ascertain whether any portion of the Work is subject to correction. 4. Preparing and furnishing to Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor. B. The Post-Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this Exhibit A, will terminate at the end of the Correction Period. VI. Additional Services A. Upon execution of this agreement the Engineer shall be authorized to complete the following tasks: 1. Provide design and easement acquisition surveying for the WTP site and waste line. For easements, Engineer shall provide necessary survey information to the City. City shall develop easement language and shall be responsible for all easement negotiations. 2. Develop Plan of Operations manual for the new treatment facility. 3. Assist with facility start-up and check-out. Pearland Bailey WTP Improvements Exhibit A Page 7 of 7 EXHIBIT "B" PAYMENT Payment for Items I — II in Exhibit A shall be Lump Sum with a total of$208,450.00. Payment for Items III - VI in Exhibit A shall be on a time and materials basis with a not-to-exceed total of$164,010.00, payable per the attached Schedule of Charges. Invoices for payment shall be submitted on a monthly basis, and are subject to written acceptance by City's Project Representative. No mechanic, contractor, subcontractor, materialman or other person can or will contract for or in any other manner have or acquire any lien upon any building or work covered by the contract or the land upon which the same is situated. SCHEDULE FOR LUMP SUM ITEMS: I. Preliminary Design: $101,360.00 II. Final Design: $107,090.00 SCHEDULE FOR TIME AND MATERIALS ITEMS (PER ATTACHED SCHEDULE OF CHARGES): III. Bidding: $20,720.00 IV. Construction Phase Services: $78,290.00 V. Post Construction Phase Services: $27,740.00 VI. Additional Services a. Surveying: $21,500.00 b. Plan of Operations Manual: $4,680.00 c. Start-Up and Commissioning Assistance: $11,080.00 Pearland Bailey WTP Improvements Exhibit B Enprotec 1 Hibbs &Todd, Inc. CURRENT HOURLY CHARGES FOR PROFESSIONAL SERVICES Charges include all salaries, salary expense, overhead, and profit. Principal $200.00 per hour Senior Project Manager 170.00 per hour Project Manager 145.00 per hour Senior Engineer/Geologist 135.00 per hour Project Engineer/Geologist 125.00 per hour Staff Engineer I /Geologist 115.00 per hour Staff Engineer II /Geologist 95.00 per hour RPLS I 145.00 per hour RPLS II 90.00 per hour Operations Specialist/Regulatory Compliance Specialist 130.00 per hour Engineering Technician I 130.00 per hour Engineering Technician II 105.00 per hour Field Technician I 95.00 per hour Field Technician II 85.00 per hour CMT Tech I 60.00 per hour CMT Tech II 55.00 per hour Survey Tech I 75.00 per hour Survey Tech II 55.00 per hour CAD I 100.00 per hour CAD II 90.00 per hour Administrative 65.00 per hour Survey Party Conventional 185.00 per hour-3 man 150.00 per hour-2 man Robotic/GPS Survey Party 170.00 per hour Expense Items Consultants, Contractors&Supplies Cost plus 10% Travel (out of town only) Current IRS rate per mile Lodging and meals (out of town trips) Actual cost 01/03/18 P:1Forms\HRLY CHG.wpd City of Peal-land-Bailey WTP Imrovements Project Development Schedule TASK I2018 2019 2020 2021 J ' FM�A M J 1 AIS OIN D J F'M AIM J 1 A S OINID J F M A'M 1 1 A S O'N D°J F M AIM J J A S O N D Preliminary Design ' i 11111 j ' Piloting and Sampling Clearwell Bid Package I Owner Review Final Design II Easement Acquisition TCEQ Review-Clearwell j TCEQ Review-WTP Improvements I Bid&Award-Clearwell Bid&Award-WTP Improvements Construction-Clearwell Construction-WTP Improvements f Startup and Commissioning I Water Production t Bailey WTP Improvements City ofar Pd by:and JSH Prepared by:JSH Date: 11/12/2018 Budget Hours Construction/ Project Sr.Project Project GPS Staff Commissioning Engineering Admin. Electrical Structural Budgeted Principal, Manager Mana er Survey Crew Engineer Manager CAD 1 CAD 2 Technician Assistant Engineer Architect Engineer Expenses Task Cost Rates $200 $170 $145 $170 $115 $130 $100 $90 $130 $65 1.1 1.1 1.1 1.0 ENGINEERING TASKS 1 Preliminary Design $101,360.00 1.1 Prepare for and attend Kick-Off Meeting 12 12 $2,000 $5,780.00 1.2 Piloting and Sampling Events 20 50 60 - 24 $15,000 $35,670.00 1.3 Evaluate Treatment Alternatives 8 20 24 $7,020.00 1.4 Preliminary Clearweil and Demo Drawings 16 8 16 $5,320.00 1.5 Preliminary Lift Station Drawing and Waste Line Routing - 40 40 8 $11,120.00 1.6 CT Analysis 32 4 8 $7,060.00 1.7 Schematic Level Design Drawings and Specs 4 4 32 40 8 32 6 $1,600 _ $16,390.00 1.8 Preliminary SCADA Design w/City's Vendor - 12 - 24 $4,500.00 1.9 Develop Preliminary OPCC 2 4 6 $1,610.00 1.10 Prepare PER to Document Preliminary Design Tasks 16 32 6 $500 $6,890.00 2 Final Design $107,090.00 2.1 Prepare Final Drawings 8 40 60 8 50 $25,000 $15,000 $15,000 $79,860.00 2.2 Prepare Final Specifications 20 32 10 $1,200 $1,000 $1,000 $10,750.00 2.3 60%and 90%Review 2 8 30 30 - $1,000 $1,000 $1,000 $2,000 $14,860.00 2.4 TCEQ Review and Coordination 8 4 $1,620.00 3 Bidding _ $20,720.00 3.1 Bidding Document Development 16 16 $4,160.00 3.2 Pre-Bid Meeting and City Council Meeting 24 $2,000 $5,480.00 3.3 Addenda and Questions 20 32 12 $600 $600 600 $9,340.00 3.4 Evaluation and Recommendation 12 $1,740.00 4 Construction Phase Services - - - $78,290.00 4.1 Pre-Construction Conference 10 10 _ $1,000 $3,600.00 4.2 Construction Administration 90 100 $3,000 $27,550.00 4.3 Review Submittals and RFI5 10 60 $2,600 $2,000 $2,000 $1,000 $18,610.00 4.4 Review Draft O&M Manuals 4 16 $500 $2,920.00 4.5 Construction Status Meetings 90 40 $1,200 $1,200 $1,200 $6,000 $27,610.00 5 Post Construction Phase Services $27,740.00 5.1 Operator/Owner Assistance 60 $1,200 $9,000.00 5.2 Site Inpsection 16 l $1,000 $3,320.00 _ 5.3 Develop Record Drawings 8 12 60 2 20 $1,000 $800 $1,000 $15,420.00 6 Additional Services _ _ $37,260.00 6.1 Surveying 40 14 40 40 - $4,500 $21,500.00 6.2 Plan of Operations Manual 24 ' 12 $4,680.00 6.3 Start-Up and Commissioning Assistance 24 40 $2,400 $11,080.00 j Total Hours' 6 [ 94 j 628 I 40 I 646 I 192 j 32 I 150 I 92 I 34 I $32,600 I $21,600 I $21,800 i $43,700 = • ACCPREP CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/12/2018 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 pollcy(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 ACT NAME: Skylar Romines MHBT,a Marsh&McLennan Agency, LLC company PHONE FAX 8144 Walnut Hill Lane, 16th FIwe No,Ext):972-770-1631 (arc,No):972 404-5532 Dallas TX 75231 ADDRESS: skylar romines@mhbt.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Texas Mutual Insurance Company 22945 INSURED ENPROHIB INSURER B:Ohio Security Insurance Company 24082 E02 Cedar St. &Todd, Inc. INSURER C:Ohio Casualty Insurance Company 24074 402 Cedar St. Abilene TX 79601 INSURER D:Continental Casualty Company 20443 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1270916589 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IVSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) B X COMMERCIAL GENERAL LIABILITY BZS56561774 4/2/2018 4/2/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 _ POLICY PRO- JECT RO X LOC PRODUCTS-COMP/OP AGG $2,000,000 JECT _ _ OTHER: $ B AUTOMOBILE LIABILITY BAS56561774 4/2/2018 4/2/2019 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) _ C X UMBRELLA LIAB X OCCUR USO56561774 4/2/2018 4/2/2019 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$1 ft ruin $ A WORKERS COMPENSATION 0001141768 1/30/2018 1/30/2019 PER AND EMPLOYERS'LIABILITY STATUTE OTH- ER Y N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N 1 A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Prof,Pollution,Protective AEH591899237 4/2/2018 4/2/2019 Each Claim $5,000,000 &Technology LiabilityAggregate $5,000,000 SIR-Per Claim $100,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Additional Insured form#BP7996 edition 09/16 applies to the General Liability policy. Waiver of subrogation form#BP0497 edition 01/06 applies to the General Liability policy. Primary&Non-Contributory General Liability form#BP7002 edition 01/01. Additional Insured form#CA8810 edition 01/10 applies to the Automobile Liability policy. Waiver of subrogation form#CA8810 edition 01/10 applies to the Automobile Liability policy. Waiver of subrogation form#CU6495 edition 12/07 applies to the Umbrella Liability policy. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Pearland 3519 Liberty Drive AUTHORIZED REPRESENTATIVE Pearland TX 77581 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: ENPROHIB LOC#: • AR U ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED MHBT,a Marsh&McLennan Agency,LLC company Enprotec/Hibbs&Todd, Inc. 402 Cedar St. POLICY NUMBER Abilene TX 79601 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Waiver of subrogation form#WC420304B edition 06/14 applies to the Workers Compensation policy. The General Liability policy includes a blanket additional insured endorsement to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy contains an endorsement with"Primary and NonContributory"wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The General Liability policy contains a blanket waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Automobile Liability policy contains language that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The Automobile liability policy includes waiver of subrogation wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Umbrella Liability policy contains a blanket waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Worker's Compensation policy includes a waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. Umbrella Policy is Follow Form RE: Bailey WTP Improvements Project ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 2 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-424720 Enprotec/Hibbs&Todd, Inc. Abilene,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/12/2018 being filed. City of Pearland,Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Engineering Services Bailey Water Treatment Plant Improvements Nature of Interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling 1 Intermediary Benham,CPA,Bob Abilene,TX United States X Evans, PE,Perry Lubbock,TX United States X Curnutt,PE,Fred Lubbock,TX United States X Kindle,PE,Keith Aledo,TX United States X Todd,PE,David Abilene,TX United States X Diller,PE,Sage Abilene,TX United States X Berryhill,PE,Joshua Abilene,TX United States X Hay,PE,Christopher Granbury,TX United States X Hay,PE,Scott Abilene,TX United States X Hibbs,PE,Scott Abilene,TX United States X Hibbs,PE,Jordan Abilene,TX United States X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2 of 2 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-424720 Enprotec/Hibbs&Todd, Inc. Abilene,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/12/2018 being filed. City of Pearland,Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Engineering Services Bailey Water Treatment Plant Improvements 4 Nature of Interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only If there Is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Bob Benham , and my date of birth is 03/12/1955 My address Is 18 Augusta Drive Abilene Tx 79606 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Taylor Texas 12 November 18 County, State of on the day of 20 / (month) (year) i Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711