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R-2015-013 2015-01-26
RESOLUTION NO. R2015-13 A Resolution of the City Council of the City of Pearland, Texas, awarding a design build contract for design engineering and construction services, associated with the Reflection Bay Water Reclamation Facility Project (temporary package plant), to CDM Constructors, Inc., in the amount of $10,789,470.00., and authorizing necessary budget appropriations from future water and sewer bonds. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That pursuant to Section 252.022 of the Texas Local Government Code the City has determined that a temporary package plant is necessary to preserve and protect the public health and safety of the City's residents. Section 2. That the City Council hereby awards a design build contract to CDM Constructors, Inc., in the total amount of $10,789,470.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the construction of the Reflection Bay Water Reclamation Facility Project, and to make necessary budget appropriations from future water and sewer bonds. PASSED, APPROVED and ADOPTED this the 26th day of January, A.D., 2015. ATTEST: ITY SE RETARY APPROVED AS TO FORM: DARRFN M. COKER CITY ATTORNEY TOM REID MAYOR • • 431'0 II et AGREEMENT BETWEEN OWNER AND DESIGNER/BUILDER FOR REFLECTION BAY WATER RECLAMATION FACILITY PACKAGE PLANT EXPANSION This Agreement is made and entered into the dI!* day of J , 20 IS by and between City of Pearland (OWNER) and CDM Constructors Inc. (DESIGNER/BUILDER). In consideration of the mutual covenants and agreements set forth herein, OWNER and DESIGNER/BUILDER agree as follows: ARTICLE 1 - THE PROJECT TEAM AND EXTENT OF AGREEMENT The DESIGNER/BUILDER agrees to furnish or arrange for the engineering and construction services set forth herein and agrees to furnish project management and administration and superintendence, and to use its best efforts to complete the Project in an expeditious and economical manner consistent with the interests of the OWNER. 1.1. The Project Team. The DESIGNER/BUILDER, the OWNER and the DESIGNER/BUILDER's consultants and subcontractors, collectively called the "Project Team," shall work cooperatively from the beginning of design through construction completion. 1.2. Extent of Agreement. The Contract Documents represent the entire agreement between the OWNER and the DESIGNER/BUILDER and supersede all prior negotiations, representations or agreements. This Agreement shall not be superseded by any provisions of the documents for construction and may be amended only by written instrument signed by both OWNER and DESIGNER/BUILDER. While the OWNER may issue separate purchase orders to DESIGNERBUILDER to satisfy OWNER's purchasing requirements, the terms and conditions of any such purchase orders issued after the date of this Agreement shall be deemed to be void and the terms and conditions of this Agreement shall be deemed substituted therefor. 1.3. Definitions. 1.3.1. The Project is defined as the design and construction of a One Million Gallon per Day (MGD) package wastewater treatment plant expansion to the Reflection Bay Water Reclamation Facility (RB WRF) to be located on property of OWNER situated in Pearland, Texas as referenced in Exhibit A, Scope of Work. 1.3.2. The Work is the design and/or construction services required to complete the Project. 1.3.3. Substantial Completion is the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete so that Owner can occupy and use the Project or a portion thereof for its intended purposes. ARTICLE 2 - DESIGNERBUILDER'S RESPONSIBILITIES 2.1 DESIGNER/BUILDER's Services. DESIGNER/BUILDER shall furnish through its own employees or engage subcontractors or subconsultants to furnish the following services for execution and completion of the Agreement, which shall constitute the "Work." 2.1.1. DESIGNER/BUILDER shall provide the engineering and design for the Project in accordance with the laws of the state in which the Project is located. The design shall be performed with the skill and care which would be exercised by comparable qualified professional engineers performing similar services at the time such services are performed and under similar conditions. The Project Team will work together closely to see that the design is accomplished in accordance with this Agreement and any written revisions thereto. Constructors/Owner/Non-Nazardous/6/12/02 (JPM version 1/14/15) Page 1 Page 1 of 53 2.1.2. The DESIGNERBUILDER will secure on behalf of the OWNER any construction building permits necessary for the construction of the Project. 2.1.3. The DESIGNERBUILDER will provide the OWNER with a preliminary schedule for the estimated design and construction of the Project. This Schedule shall indicate the dates for the starting and completion of the various stages of the design and construction, and shall contain the necessary information to allow the OWNER to monitor the progress of the Work. The Schedule shall be revised monthly with each invoice/pay estimate as required by the conditions of the Work and for those conditions and events which are beyond the DESIGNERBUILDER's control. 2.1.3.1. The DESIGNERBUILDER will be responsible only for an express contractual commitment to a contract price. Where DESIGNERBUILDER has not expressly agreed herein to design and build the project for a specified price, or for a sum not to exceed a specified price, then DESIGNER/BUILDER assumes no responsibility for the accuracy ofopinions or estimates of probable construction costs or project costs. DESIGNERBUILDER's opinions of probable construction cost are made on the basis of DESIGNERBUILDER's experience and qualifications and represent DESIGNERBUILDER's best judgment and experience as a qualified design builder generally familiar with the construction industry. However, since DESIGNER/BUILDER has no control over competitive bidding or market conditions, DESIGNER/BUILDER cannot and does not guarantee that proposals, bids or actual construction cost will not vary from opinions of probable construction cost prepared by DESIGNERBUILDER. If OWNER wishes greater assurance as to probable construction cost, OWNER shall employ an independent cost estimator to advise it. 2.1.3.2. The DESIGNERBUILDER will not be liable to the OWNER for any special, indirect or consequential damages whatsoever, and the DESIGNERBUILDER's total liability to the OWNER for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way relating to the Project, the site, DESIGNERBUILDER's services or work, or this Agreement, from any cause or causes, including but not limited to the DESIGNERBUILDER's negligence, errors, omissions, breaches of warranty or contract or strict liability shall not exceed the total amount paid by the OWNER to the DESIGNERBUILDER under this Agreement. 2.1.4. The DESIGNER/BUILDER will provide all materials and equipment, supervision, inspection, testing, labor, tools, construction equipment and specialty items necessary to execute and complete construction of the Project. 2.1.5. The DESIGNERBUILDER shall take necessary precautions for the safety of its employees on the Work, and shall comply with all applicable provisions of federal, state and municipal safety laws. DESIGNERBUILDER shall include provisions in all subcontracts which require its subcontractors to be responsible for the safety of their employees on the Work, and to comply with all applicable provisions of federal, state and municipal safety laws. It is agreed that the DESIGNER/BUILDER shall have no responsibility for the abatement of safety hazards resulting from work at the job site carried on by the OWNER's separate contractors, or by the OWNER or persons for whom the OWNER is responsible. OWNER will comply with, and agree to cause any such separate contractors or persons to comply fully with all applicable provisions of federal, state and municipal safety laws and regulations. 2.1.6. The DESIGNERBUILDER shall keep the premises of the Project free from accumulation of waste materials caused by the DESIGNERBUILDER's operations. At the completion of the Work, the DESIGNERBUILDER shall remove from the Project the DESIGNERBUILDER's tools, surplus materials, construction equipment, and machinery. 2.1.7. The DESIGNERBUILDER shall prepare Change Orders for the OWNER's approval and execution in accordance with this Agreement. Constructors/Owner/Non-Hazardous/6/12/02 ()PM version 1/14/15) Page 2 Page 2 of 53 2.1.8. The DESIGNER/BUILDER shall maintain in good order at the site one record copy of the drawings, specifications, product data, samples, shop drawings, Change Orders and other Modifications, marked currently to record changes made during construction. These shall be delivered to the OWNER upon completion of the Project and final payment. 2.1.9. The DESIGNER/BUILDER's scope of services is set forth in Exhibit A attached hereto and made a part of this Agreement. 2.1.10. The DESIGNER/BUILDER's services shall not include expressly or by implication any analysis, determination or opinion as to whether the OWNER is in compliance with federal, state or local laws, statutes, ordinances or regulations. 2.1.11. Unless expressly stated otherwise herein, the DESIGNER/BUILDER's services shall not include directly or indirectly storing, arranging for or actually transporting, disposing, treating or monitoring hazardous substances, hazardous materials, hazardous waste or hazardous oils. 2.2. Standards and Completion. 2.2.1. The DESIGNER/BUILDER agrees that all materials and equipment furnished under this Agreement will be new, unless otherwise specified, and that all construction work will be of good quality, free from improper workmanship and defective materials. DESIGNER/BUILDER will not be responsible, however, for defects caused by OWNER modifications, abuse, and/or improper maintenance or operation. The DESIGNERBUILDER agrees to correct all work performed by it under this Agreement which proves to be defective in material or workmanship within a period of one (1) year after completion of the Work as defined in Paragraph 2.2.1.1 provided that OWNER furnishes written notice of such defect within such one (1) year period. DESIGNERBUILDER provides no warranty, express or implied, for OWNER -furnished equipment or equipment, accessories and parts manufactured by others. However, any warranty or guarantee obtained by DESIGNER/ BUILDER from any such manufacturer shall be deemed to have been obtained for the benefit of OWNER and will be assigned to OWNER. The foregoing standards and warranties are the sole warranties extended by DESIGNER/BUILDER and are in lieu of all other warranties express or implied, including but not limited to, the implied warranties of merchantability and fitness for purpose. 2.2.1.1. Unless otherwise expressly noted, the term completion in this Agreement shall mean substantial completion. Substantial completion is the stage of progress when the Work or a designated portion thereof is sufficiently complete in accordance with this Agreement so that the OWNER can occupy or utilize the Work for its intended use. The contract time is the time within which the DESIGNERBUILDER is to achieve substantial completion of the Work, subject to adjustments as set forth in this Agreement. 2.2.2. The DESIGNER/BUILDER will secure required certificates of inspection, testing or approval required for building construction and deliver them to the OWNER. 2.2.3. The DESIGNERBUILDER will not be responsible for any errors or omissions contained in or omitted from any certificates and/or independent analyses of work conducted by and/or information provided by independent laboratories or other independent contractors retained by the DESIGNER/ BUILDER in connection with the DESIGNER/BUILDER's services provided to the Owner. 2.2.4. The DESIGNER/BUILDER will collect all equipment manuals and deliver them to the OWNER. Constructors/Owner/Non-Hazardous/6/12/02 (JPM version 1/14/15) Page 3 Page 3 of 53 ARTICLE 3 - OWNER'S RESPONSIBILITIES 3.1. The OWNER shall provide full information regarding its requirements for the Project. 3.2. The OWNER shall designate a representative who shall be fully acquainted with the Project and have full authority to promptly approve changes in the scope of the Project, promptly render approvals and decisions, and furnish information expeditiously and in time to meet the dates set forth in the Schedule. The OWNER's designated representative is Ms. Andrea Dekam Brinkley, Project Manager. 3.3. The OWNER shall furnish, for the site of the Project, topographical surveys describing the physical characteristics; soils reports and subsurface investigations; legal limitations; utility locations; and a legal description, including a property survey and Project benchmark. The OWNER agrees to assume responsibility for personal and/or property damage due to DESIGNERBUILDER's interference with subterranean structures such as pipes, tanks and utility lines that are not correctly shown on the documents or that are not contained in written information provided by OWNER to DESIGNER/BUILDER prior to the commencement of the Work. 3.4. The OWNER shall secure and pay for necessary approvals, easements, assessments and charges required for the construction, connection, use, or occupancy of permanent structures or for permanent changes in existing facilities. 3.5. The OWNER shall furnish such legal services as may be necessary for providing the items set forth in Paragraph 3.4., and such auditing services as may be required. 3.6. If the OWNER becomes aware of any fault or defect in the Work or nonconformance with the Drawings or Specifications, it shall give prompt written notice thereof to the DESIGNER/BUILDER. 3.7. OWNER shall bear the cost of any bonds that it may require DESIGNER/BUILDER to maintain in connection with the Project. DESIGNERBUILDER shall provide such payment, performance, and warranty bonds as required by law. 3.8. The services and information required by the above paragraphs shall be furnished with reasonable promptness at OWNER's expense. The DESIGNERBUILDER shall be entitled to rely upon the accuracy and the completeness of all such information provided by the OWNER. 3.9. The OWNER shall furnish reasonable evidence satisfactory to the DESIGNERBUILDER, prior to signing this Agreement, or upon written request of the DESIGNERBUILDER from time to time thereafter, that sufficient funds are available and committed to pay for DESIGNER/BUILDER's total estimated charges for the Work. Whether or not the DESIGNER/BUILDER elects to proceed with work without having received such evidence, DESIGNERBUILDER may thereafter stop work upon fifteen (15) days' prior written notice if such evidence has not been furnished within a reasonable time after any such request. 3.10. The OWNER shall have no contractual obligation to the DESIGNERBUILDER's subcontractors and subconsultants and shall communicate with such subcontractors and subconsultants only through the DESIGNERBUILDER. 3.11. The OWNER shall pay for all utility connection fees and special facility charges rendered by utilities for connection of permanent utility services to the Project. 3.12. The OWNER shall be responsible for the Tong -term storage and disposal of waste materials generated as a result of sampling, pilot testing, and/or monitor well construction and development. DESIGNERBUILDER shall place such waste materials in containers for temporary storage on site consistent with industry practice. 3.13. The OWNER shall sign any and all required manifests relating to the generation, transportation, storage, treatment and disposal of all wastes arising out of or related to the Project and/or the Work. Constructors/Owner/Non-Hazardous/6/12/02 (1PM version 1/14/15) Page 4 Page 4 of 53 ARTICLE 4 - SUBCONTRACTS 4.1. Selection of Subcontractors. All portions of the Work that the DESIGNER/BUILDER does not perform with its own forces shall be performed under subcontracts. The DESIGNER/BUILDER shall select competent Subcontractors and shall be responsible for the management of the Subcontractors' performance of their work. ARTICLE 5 - CONTRACT TIME SCHEDULE AND SUBSTANTIAL COMPLETION 5.1. Contract Time. 5.1.1. The Work to be performed under this Agreement shall be performed in accordance with the Schedule provided pursuant to Paragraph 2.1.3. 5.1.2. The term "day" as used in this Agreement shall mean calendar day, unless otherwise specifically designated. 5.2 Delays. 5.2.1. If the DESIGNER/BUILDER is delayed at any time in the progress of the Project by any act of the OWNER, or any separate contractor employed by the OWNER or by the action of any governmental agency or regulatory body, or by change orders in the Project, or by labor disputes, fire, unusual delay in transportation, unusual delay in issuance of building permits or zoning or utility services, unusual delay or shortages in material supplies, adverse weather conditions not reasonably anticipatable, unavoidable casualties, acts of God, or any other causes beyond the DESIGNERBUILDER's reasonable control, then the time within which the Work is to be completed shall be adjusted accordingly. Except as provided in Section 5.2.2. below, time is the sole remedy and no general conditions, overhead, or profit shall be applied to the time adjustment. 5.2.2. If DESIGNERBUILDER is delayed by any act of OWNER or by any separate contractor employed by OWNER or for any other cause for which the OWNER is responsible, then in addition to an extension of the contract time, DESIGNERBUILDER will be compensated for all costs which it incurs as a result of such delay, and a change order will be issued therefore. 5.2.3. Liquidated Damages. DESIGNERBUILDER understands that if Substantial Completion of Phase I and/or Phase II is not attained by the scheduled Phase I Substantial Completion date (the "Phase I LD Date") or Phase II Substantial Completion date (the "Phase II LD Date") respectively, OWNER will suffer damages which are difficult to determine and accurately specify. DESIGNER/BUILDER agrees that DESIGNER/BUILDER shall pay OWNER the following amounts as liquidated damages for each day that Phase I or Phase II Substantial Completion remains unattained after the Phase I LD Date or Phase II LD Date, respectively (as those dates may be adjusted pursuant to the terms hereof): From the Phase I LD Date to four days after the Phase I LD Date: $0.00 per day From the fifth day after the Phase I LD Date to the twenty-ninth day after the Phase I LD Date: $500.00 per day From the thirtieth day after the Phase I LD Date until Substantial Completion of Phase I is achieved: $12,500.00 plus $1,000.00 per day From the Phase II LD Date to four days after the Phase II LD Date: $0.00 per day Constructors/Owner/Non-Hazardous/6/1 2/02 (JPM version 1/14/15) Page 5 Page 5 of 53 From the fifth day after the Phase II LD Date to the twenty-ninth day after the Phase II LD Date: $250.00 per day From the thirtieth day after the Phase II LD Date until Substantial Completion of Phase II is achieved: $6,250.00 plus $500.00 per day The liquidated damages provided herein shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by OWNER which are occasioned by any delay in achieving Substantial Completion of Phase I or Phase II. 5.2.4. Early Completion Incentive. As additional incentive to attain Substantial Completion on or before the scheduled Phase I and Phase II Substantial Completion dates, if Substantial Completion of Phase 1 and/or Phase II is attained on or before the Phase I LD Date or Phase II LD Date, as applicable, OWNER shall pay DESIGNERBUILDER the following amounts at the time of final payment as an early completion incentive for each day that Substantial Completion is attained prior to the Phase I LD Date or the Phase II LD Date, respectively, up to a maximum total amount of One Hundred Thousand Dollars ($100,000.00): From the Phase 1 LD Date to four days before the Phase I LD Date: $0.00 per day From the fifth day before the Phase 1 LD Date to the twenty-ninth day before the Phase I LD Date: $500.00 per day From the thirtieth day before the Phase I LD Date: $12,500.00 plus $1,000.00 per day From the Phase II LD Date to four days before the Phase II LD Date: $0.00 per day From the fifth day before the Phase II LD Date to the twenty-ninth day before the Phase II LD Date: $250.00 per day From the thirtieth day before the Phase II LD Date: $6,250.00 plus $500.00 per day ARTICLE 6 - CHANGES IN THE PROJECT 6.1. Change Orders. 6.1.1. Any work not contained in the scope of work set forth in Exhibit A shall be a change and shall be performed by DESIGNERBUILDER only pursuant to a written Change Order to this Agreement signed by OWNER and DESIGNERBUILDER. Such a Change Order may increase or decrease the Work within the general scope of this Agreement. If this Change Order causes an increase in the cost of the Work, or of the time required for the performance of the Work, DESIGNERBUILDER shall be paid a lump sum acceptable to both parties and/or shall be granted an extension of the contract time. 6.1.2. The proposal document may identify specific items which are not included in the Contract Price. The Work included in this Agreement shall be limited to that work specifically set forth in Exhibit A. The performance or furnishing of any such items by DESIGNER/BUILDER that are not included in the scope of work set forth in Exhibit A shall be pursuant to a Change Order issued in accordance with Paragraph 6.1.1. Constructors/Owner/Non-Hazardous/6/12/02 (JPM version 1/14/15) Page 6 Page 6 of 53 6.1.3. In the event OWNER requests DESIGNER/BUILDER to develop information necessary for the consideration of a change in the Project, and such a change is not adopted, OWNER shall reimburse DESIGNER/BUILDER for the costs which it incurs in connection with such efforts. 6.2. Concealed Conditions. If concealed or unknown conditions that affect the performance of the Work are encountered, which conditions are not ordinarily found to exist or which differ materially from those generally recognized as inherent in work of the character provided for under this Agreement, notice by the observing party shall be given promptly to the other party and, if possible, before conditions are disturbed, and upon claim made by the DESIGNER/BUILDER, the Contract Price and Schedule shall be equitably adjusted by Change Order to reflect additions and/or deductions to the cost and time required which result from such concealed or unknown conditions. 6.3. Regulatory Changes. The DESIGNER/BUILDER shall be compensated for changes in the Work necessitated by the enactment or revision of codes, laws or regulations subsequent to the date of this Agreement. ARTICLE 7 - PAYMENTS TO THE DESIGNERBUILDER 7.1. Payments 7.1.1. The type and form of compensation for DESIGNER/BUILDER shall be as specified in Exhibit A. 7.1.2. DESIGNERBUILDER shall submit to the OWNER monthly invoices covering the period ending on the last day of the preceding month which shall indicate the total amount due to the DESIGNER/ BUILDER for work performed for the preceding month. The OWNER shall have the right of inspection and verification of DESIGNERBUILDER's invoice and shall have ten (10) days within which to approve the invoice. With each invoice, DESIGNERBUILDER shall include a partial release of lien covering the amount stated on the invoice. 7.1.3. If the OWNER fails to make any payment due DESIGNERBUILDER for services and expenses within thirty (30) days after receipt of DESIGNERBUILDER's statement therefor, the amount due DESIGNERBUILDER shall include an additional charge of one (1%) percent per month of all amounts due but not paid after said thirtieth day. As an additional remedy, DESIGNERBUILDER may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until DESIGNERBUILDER has been paid in full for all amounts due for services, expenses and charges. 7.2. Title Free of Liens. The DESIGNER/BUILDER agrees that title to all Work, including materials and equipment incorporated in the Project covered by any invoice will pass to the OWNER upon receipt of payment of the full amount of DESIGNERBUILDER's invoice therefor, free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to as Liens. DESIGNERBUILDER, at its own expense, shall indemnify, defend and save harmless OWNER against Liens filed on the property of OWNER by subcontractors, material men or suppliers of DESIGNERBUILDER for amounts due them from DESIGNER/BUILDER for Work, the cost of which has been paid by OWNER to DESIGNERBUILDER. 7.3. Waiver of Claims. The making of final payment shall constitute a waiver of all claims by OWNERexoeptthose arising from: 7.3.1. Unsettled liens. 7.3.2. Defects in materials or workmanship appearing after final inspection. 7.3.3. Any breach of continuing obligations in this Agreement on the part of DESIGNER/BUILDER. ARTICLE 8 - INDEMNITY AND INSURANCE Constructors/Owner/Non-Hazardous/6/12/02 (JPM version 1/14/15) Page 7 Page 7 of 53 8.1. Indemnity. 8.1.1. The DESIGNER/BUILDER shall indemnify, defend and hold the OWNER harmless from all claims and suits for damages arising from personal injuries, including death, injury or destruction of tangible property (other than the Work itself), including loss of use resulting therefrom to the extent caused by the sole negligence of the DESIGNER/BUILDER, and from all judgments recovered therefor, and from all expenses for defending claims or suits, including court costs and attorney's fees, resulting therefrom. DESIGNER/BUILDER shall have no duty to indemnify OWNER hereunder against claims arising as a result of OWNER's sole or contributing negligence or the sole or contributing negligence of any other party. In no event shall DESIGNER/BUILDER be responsible, under this paragraph or otherwise, for any indirect, special or consequential damages of any kind. 8.1.2. Upon and after final completion of the Project, and to the extent allowed by law, OWNER shall indemnify, defend and hold the DESIGNER/BUILDER harmless from all claims and suits for damages arising from personal injuries or damage to property, and from all judgments recovered therefor, and from all expenses for defending such claims or suits resulting from the OWNER's sole or contributing negligence, including but not limited to court costs and attorney's fees, which result from the OWNER's negligent use, operation or maintenance of the facilities, equipment or materials provided by DESIGNER/BUILDER under this Agreement. 8.2. DESIGNER/BUILDER's Insurance. The DESIGNER/BUILDER shall purchase and maintain the following insurance to cover DESIGNER/BUILDER's performance under this Agreement: 8.2.1. Workers' Compensation insurance in full compliance with workers' compensation laws of the states within which any part of the work is to be performed, together with employer's liability coverage with minimum limits of liability in the amount of $1,000,000 for each occurrence. 8.2.2. Commercial Automobile Liability Insurance covering all owned, hired and non -owned vehicles with the following minimum limits of liability: Combined single limit - $1,000,000 each occurrence and $2,000,000 aggregate 8.2.3. Commercial General Liability Insurance including Independent Contractor's coverage with the following minimum limits of liability: Combined single limit - $1,000,000 each occurrence and $2,000,000 aggregate The DESIGNERBUILDER's Commercial General Liability Policy shall also include blanket contractual liability coverage. 8.2.4. Builder's Risk insurance. 8.3. Professional Liability Insurance. The DESIGNERBUILDER shall maintain Professional Liability Insurance coverage for errors and omissions for the design portion of the work. The following limits of liability shall apply: $5,000,000 aggregate. 8.4. Certificates. DESIGNERBUILDER shall furnish to OWNER promptly following the execution of this Agreement, certificates evidencing the maintenance of said insurance. The certificates shall provide that thirty (30) days' written notice shall be given to OWNER before the insurance policies noted herein are changed or canceled. Insurance certificates shall be attached as Exhibit(s) B hereto. 8.5. OWNER's Liability Insurance. The OWNER shall be responsible for purchasing liability insurance to protect the OWNER against claims which may arise from operations under this Project. Constructors/Owner/Non-Hazardous/6/12/02 (JPM version 1/14/15) Page 8 Page 8 of 53 ARTICLE 9 - TERMINATION OF THE AGREEMENT 9.1 Termination by OWNER for Cause. If the DESIGNER/BUILDER persistently fails or neglects to carry out the Work in accordance with this Agreement, the OWNER may give written notice that the OWNER intends to terminate this Agreement. If the DESIGNER/BUILDER fails to correct or to take steps to correct the defaults, failure or neglect cited by the OWNER in such notice within seven (7) days after being given such notice, the OWNER may then give a second written notice and, after an additional seven (7) days if the DESIGNER/BUILDER fails to correct or to take steps to correct as aforesaid, the OWNER may make good such deficiencies and may deduct the cost thereof from payments due the DESIGNER/BUILDER or, at the OWNER's option, may terminate the employment of the DESIGNER/BUILDER, take possession of the site and finish the Work by whatever method the OWNER may deem expedient. 9.2. Termination by OWNER Without Cause. In addition to termination under Article 9.1, OWNER may terminate this Agreement without cause upon thirty (30) days' written notice to DESIGNER/BUILDER. Upon such termination, OWNER shall reimburse the DESIGNER/BUILDER for any unpaid portions of the Contract Price due it under Article 7 for the Work to date of termination. In addition, OWNER shall also pay to the DESIGNER/BUILDER fair compensation, either by purchase or rental at the election of the OWNER, for any equipment retained. In case of such termination of this Agreement, the OWNER shall further assume and become liable for obligations, commitments and unsettled claims that the DESIGNER/ BUILDER has previously undertaken or incurred in good faith in connection with said Work, actual cancellation penalties for outstanding contracts and undelivered materials or equipment on orders, and any demobilization costs. The DESIGNER/ BUILDER shall, as a condition of receiving the payments referred to in this Article, execute and deliver all such papers and take all such steps, including the legal assignment of its contractual rights, as the OWNER may require for the purpose of fully vesting in the OWNER the rights and benefits of the DESIGNER/ BUILDER under such obligations or commitments. 9.2.1. Permanent Abandonment. In the event of permanent abandonment of the Project, the OWNER may terminate this Agreement upon thirty (30) days' prior written notice to the DESIGNER/BUILDER. In such event, the OWNER shall pay DESIGNER/BUILDER for all amounts due him under Article 7 for work performed or labor, materials or equipment furnished, and for any proven loss or damages sustained by DESIGNER/BUILDER including but not limited to loss upon materials, equipment, tools and construction equipment and machinery. 9.2.2. Termination by DESIGNER/BUILDER. If the OWNER fails to make payment when due, in addition to any other remedies in this Agreement or provided by law, DESIGNER/BUILDER may give written notice of its intent to terminate this Agreement for non-payment. If the DESIGNER/ BUILDER fails to receive full payment of amounts due within seven (7) days after such notice to the OWNER, then DESIGNER/BUILDER may give a second written notice that the Agreement will terminate in seven (7) days if the DESIGNER/BUILDER does not receive payment in full for all amounts due prior to the expiration of such seven (7) day period. In the event of such termination, the-DESIGNER/BUILDER may recover from the OWNER payment for all work executed and for proven losses sustained, including but not limited to losses upon materials, equipment, tools and construction equipment and machinery. ARTICLE 10 - DISPUTE RESOLUTION 10.1. Mediation. The OWNER and the DESIGNER/BUILDER agree that they shall first submit any and all disputes and other matters in question between them arising out of or relating to this Agreement or the breach thereof to non-binding mediation in accordance with the Construction Mediation Rules of the American Arbitration Association in Boston, Massachusetts, prior to either of them initiating a lawsuit or other legal remedies against the other. Participaiion in such mediation shall be a condition precedent to any lawsuit unless mediation is waived in a writing executed by both parties. 10.2. Continuing Obligations. Unless otherwise agreed in writing, DESIGNER/BUILDER shall carry on the Work Constructors/Owner/Non-Hazardous/6/12/02 (JPM version 1/14/15) Page 9 Page 9 of 53 and maintain its progress during any mediation proceedings, and the OWNER shall continue to make payments to the DESIGNERBUILDER in accordance with the Contract Documents. 10.3. Survival of Provisions. This Article 10 shall survive the performance or termination of this Agreement. ARTICLE 11 - MISCELLANEOUS 11.1. Successors and Assigns. This Agreement shall be binding on the successors, assigns, and legal representatives of the OWNER or DESIGNERBUILDER. Neither party shall assign, sublet or transfer an interest in the Agreement without the written consent of the other. 11.2. Use of Documents. The drawings, specifications and other documents furnished by the DESIGNER/ BUILDER are instruments of service and, except by written agreement executed by the DESIGNER/ BUILDER relating to use, liability and compensation therefor, shall not be used by the OWNER on other projects, for additions to this Project or for completion of this Project by others unless the DESIGNER BUILDER is terminated for cause under this Agreement. 11.3. Status of DESIGNERBUILDER. Nothing contained in this Agreement shall be construed or interpreted as requiring DESIGNERBUILDER to assume the status of a generator, Storer, operator, transporter, treater, or disposal facility as those terms appear within the Resource Conservation Recovery Act, 42USCA, Section 6901, et seq. (RCRA), or within any other federal or state statute of similar effect governing the treatment, storage, transportation or disposal of waste. 11.4. Copyrights. Submission or distribution of documents to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the DESIGNERBUILDER's common law copyrights or other reserved rights. 11.5. Reporting Requirements. To the extent required by law, OWNER shall promptly report regulated conditions, including without limitation, the discovery of releases of hazardous substances, at the site to the appropriate public authorities in accordance with applicable law. 11.6. Governing Law. This Agreement shall be govemed by the law in effect at the location of this Project. 11.7. Notices. Except as written elsewhere in this Agreement, all written communications to OWNER and DESIGNERBUILDER shall be sent with distribution to the recipient as set out below. WNER DE_SIGNERBUILDER City of Pearland CDM Constructors Inc. 3159 Liberty Drive Pearland, TX 77581-5416 (281)652-1797 3050 Post Oak Blvd, Suite 300 Houston, TX 77056 713-423-7300 Attn: Ms. Andrea Brinkley Attn: Jeffrey S. Peters, P.E., BCEE 11.8. Mutual Waiver of Consequential Damages Notwithstanding any other provision of this Agreement to the contrary, neither party shall be liable totheother for lost profits or any special, indirect, incidental, or consequential damages in any way arising out of this Agreement however caused under a claim of any type or nature based on any theory of liability (including, but not limited to: contract, tort, or warranty) even if the possibility of such damages has been communicated. 11.9. UNPAID INVOICES If OWNER, for any reason, fails to make payment due DESIGNERBUILDER for services and expenses within Constructors/Owncr/Non-Hazardous/6/12/02 (JPM version 1/14/15) Page 10 Page 10of53 thirty days after receipt of DESIGNERBUILDER's invoice therefor, the amounts due DESIGNERBUILDER will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day; and, in addition, DESIGNERBUILDER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until DESIGNERBUILDER has been paid in full all amounts due for services, expenses and charges. Payments will be credited first to interest and then to principal. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. OWNER agrees to pay DESIGNERBUILDER all costs of collection including but not limited to reasonable attorneys' fees, collection fees and court costs incurred by DESIGNER/BUILDER to collect from the OWNER properly due payments. 11.10. Partial Invalidity. The invalidity of any part or portion of this Agreement shall not affect or impair in any way the validity, enforceability or effect of the remaining provisions hereof. In the event any provision herein is found to be invalid, then such provision shall be deemed to be deleted and all other provisions in the Agreement will remain in full force and effect. 11.11. Entire Agreement. The documents which comprise the entire Agreement between OWNER and DESIGNERBUILDER concerning the Work (referred to herein as the Contract Documents) consist of the following: 1. This Agreement (pages 1 to 12 inclusive). 2. Exhibits: A. Scope of work and compensation B. Cost Estimate C. Schedule D. Project Site Layout E. City of Pearland — Incorporated Items F. Insurance Certificates There are no documents other than those listed above in this Article 11.11. This Agreement may only be amended, modified, or supplemented by written agreement duly executed by OWNER and DESIGNERBUILDER. Constructors/Owner/Non-Hazardous/6/12/02 (JPM version 1/14115) Page 11 Page 11 of 53 IN WITNESS WHEREOF, the parties hereto have read the foregoing, understand completely these terms and conditions, and willingly enter into this Agreement..r WITNESS our hands and seals this �('''day ofJ411 , 20 IS . OWNER DESIGNER/BUILDER City of P I . CDM Constructors Inc. yr Print Name: ay Pearson, Print Name: Chitra Foster, City Manager Vice President Constructors/Owner/Non-Hazardous/6/12/02 (JPM version 1/14/15) Page 12 Page 12of53 Exhibit A Scope of Work, Time and Schedule, Compensation and Invoicing for Reflection Bay Water Reclamation Facility Design -Build PROJECT January 20, 2015 1.0 Scope of Work This scope of work is predicated on construction of the 1.0 million gallon per day (MGD) package wastewater treatment plant expansion to the Reflection Bay Water Reclamation Facility (RB WRF) for the City of Pearland being managed by CDM Constructors Inc. (herein referred to as Design -Builder). Design -Builder shall provide for OWNER a 1.0 MGD package wastewater treatment plant designed to meet current discharge permit limit standards, integrate with the existing plant facilities, and be compatible with the future expansion currently under final design. 1.1 The work covered in this scope includes design and construction for the Project known as REFLECTION BAY WATER RECLAMATION FACILITY DESIGN BUILD PROJECT 1.2 This scope of work was based on conceptual design documents. The final construction work to be executed in the field will be based on final designs and Issued for Construction (IFC) drawings and performance specifications. Based on these documents and subsequent discussions with the design group, the elements of scope of work, key exclusions, and a definition of design deliverables are generally described as follows: 1. Constructability and Value Engineering (VE). The 100 percent design packages will provide details to allow the issuance of building permits and construction by the Design -Builder of the civil, mechanical, structural and electrical elements of the project. 2. Design -Builder for all facilities, as shown on the drawings, including furnishing all materials, installation of equipment, and site work. 3. Post -Construction Services. This includes startup assistance and individual process equipment vendor Operations and Maintenance manuals for each piece of new equipment. Design -Builder will also provide training and startup assistance and oversight of process equipment startup and training. Overall plant startup assistance is not provided in this contract - only startup for individual pieces of new equipment that have been provided under this contract. 4. Permitting activities. All permits are to be applied for and paid by OWNER. Key Clarifications: • OWNER will provide temporary power and water for construction, and assume consumption costs. OWNER will provide adequate water for hydro testing of structures and pipelines. 1th Page 13 of 53 Exhibit A Design -Builder assumes all test water will be processed though the treatment plant and will not require 3rd party disposal. • OWNER had agreed to waive ALL permits costs. • No permanent security system and/or services are provided under this contract. • Design -Builder will not be responsible for preparation of an overall operations and maintenance manual for the plant, only for vendor O&M manuals for specific equipment. • Construction will only be performed up to the perimeter of the site marked on the drawings. No offsite utilities will be provided. • Design -Builder will supply for its own use temporary construction trailers and sanitary facilities, for the duration of the construction activities. • Testing services (e.g. soil compaction tests and concrete cylinder testing) are provided and paid for by the OWNER. The Design -Builder will coordinate the services of the OWNER's independent, appropriately certified, third party testing laboratory to perform the needed on- site testing. The Design -Builder will be responsible for the safety of its employees and subcontractors and will be to OSHA standards. The Design -Builder will produce a Health and Safety Plan prior to mobilization that outlines project -specific health and safety protocols. Design -Builder has not included any cost for NOISE CONTROL. Design -Builder has not included any cost for finished landscaping or irrigation work. Design -Builder has not included any cost for relocation of any existing utility line. Design -Builder has not included any costs for handling, removal, or remediation of any contaminated material, asbestos, or other special wastes that may be encountered during construction. Should such materials be knowingly encountered, the OWNER will be notified immediately for a decision on how to proceed. • Design -Builder has not included any cost for installing and third party monitoring of Surface Monitoring Points (SMP) and/or Deformation Monitoring Points (DMP). 2.0 Design Deliverables All Design Documents issued for construction must be stamped, sealed and labeled "Issued for Construction" (IFC) and provided by the Design -Builder. The work associated with these Design services is separated into the following tasks (for purpose of clarity, the Design Builder is responsible for all design deliverables. This section refers to the team role of the Designer. The Designer is inherently part of the Design -Builder): • Preliminary and Final Design Services • Procurement Phase Services • Design Services During Construction CDMsm ith Page 14 of 53 Exhibit A 2.1 Preliminary and Final Design Services 2.1.1 General A. Final design services will be only for the package plant expansion and improvements identified below for the addition of 1 MGD average daily flow (ADF) and 4 MGD peak of package plant capacity. B. Designer will conduct monthly progress meetings during the design phase with City staff to review work completed to date, project schedule, and other issues. These meetings will be approximately 2 -hours in duration. C. Designer will perform project management duties through the project duration, including tracking budget and schedule and meeting with City staff as required. D. Designer will perform quality assurance/quality control procedures during the design phase. E. Designer will coordinate client reviews in accordance with City procedures. Designer will review, consolidate and prepare written response to City's review committee. 2.1.2 Plans and Specifications A. The Designer will prepare documents (plans and specifications as necessary) for use in constructing the work associated with the package plant expansion project. Plans and specifications will be prepared in multiple packages as necessary to accommodate an expedited schedule and obtain third party pricing (subcontractors). Anticipated components include the following: B. Headworks: The existing headworks will be modified to provide a proportional flow split between the existing SBRs and the proposed package plant through the following: • Two (2) new mechanical automatic bar screens to screen channels 2 and 3 including local control panels. • Structural modifications to channel 3 to accommodate a new discharge pipe to convey flow to the package plant • Piping and/or gates and/or valves(s) for proper flow split. 2.2 Package Plant A. Design package plant to accommodate 1 MGD ADF and 4 MGD Peak flow including the following: • Package plant splitter box • Aeration tankage and air diffusers Secondary clarifiers Aeration blower system, piping and controls Return sludge tank, pumping system and controls Waste sludge tank, pumping system and controls • Return sludge force main from the package plant to the package plant splitter box Smith Page 15 of 53 Exhibit A • Waste sludge force main from the package plant to the existing aerated sludge holding tanks • Scum tank, pumping system and controls ■ RAS/WAS pump foundation design - Temporary tertiary filtration: Design three (3) package filters to accommodate 12 MGD total combined peak flow including the following: Demolition of existing filter structure and piping Three (3) new cloth -disk filter basins (fabricated carbon steel) with associated back - washing pumps, piping and controls. Two filter units to be located adjacent to the existing SBRs and one filter unit to be located adjacent to the proposed package plant Package filter foundation design Backwash pump slab design - Site Work/Civil/Yard Piping: Various site work elements including the following: Construction access driveway, gate, and road Traffic control plan(s) Site roadways, drainage and grading including new/augmented storm drainage system Contractor lay down area Package plant foundation Temporary piping from the existing headworks to the proposed package plant Temporary piping from the existing SBR's to the proposed temporary filters and/or from the proposed temporary filters to the existing UV disinfection system. Temporary piping from the package clarifiers to either the package filter or proposed permanent filter RAS/WAS piping system Electrical: Design temporary electrical system for the package plant including the following: Additions/Modifications to MCC's D, E, and F to accommodate the Package Plant Local control panels for various process equipment items such as the aeration blowers, RAS/WAS pumps, etc...that are not provided in the process equipment manufacturer's scope of work Interconnecting power and control wiring Smith Page 16 of 53 Exhibit A Site lighting for the package plant • Designer will meet the requirements for notification and submission to the TCEQ for review/approval of documents and design. • Designer will submit plans for City Designer's signature as/if necessary. • Designer will provide electronic versions of plans and specifications. • Designer will complete and incorporate record drawings from this project into the permanent plant expansion drawing set. B. Deliverable • Designer will provide status updates of various drawing packages to City staff as the design drawings continue to evolve. Deliverables include monthly status/review sets, final construction set, and Record Drawings. 2.3 Procurement Services A. Designer will assist with equipment procurement and provide value Engineering Services to ensure project quality and try and maintain project budget and schedule including review of alternate construction proposals, equipment evaluation, and review of subcontractor and vendor proposals. 2.4 Design Services - During Construction A. General • Designer will attend monthly construction progress meetings with the City of Pearland. Up to 12 total meetings will be attended. • Designer shall make visits to the site at intervals appropriate to the various stages of construction as Designer deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of work. Such visits and observations by Designer are to include spot checking, selective review and similar methods of general observation of the work based on Designer's exercise of professional judgment. Based on information obtained during such visits and such observations, Designer shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and Designer shall keep City informed of the progress of the work. • Designer will perform project management duties similar to those in the previous phases, throughout construction. B. Submittal Review • Designer will review submittals, RFIs, RCOs including coordination with Construction Manager on Change Directives and Change Orders using the City of Pearland's Pro Trak system • Designer will attend witness factory tests for equipment and factory acceptance tests (FATs) for control systems as required by the design documents. Smith Page 17 of 53 Exhibit A C. Deliverable ■ Designer will utilize City's Pro Trak system for all construction documentation, in lieu of hard copy deliverables. 2.5 Schedule A. The Designer shall initiate each phase of work described herein immediately upon the execution of the Agreement and upon issuance by City of Notice to Proceed. B. Designer shall complete procurement documents for the Package Wastewater Treatment Plant and tertiary filters within 21 days after receiving Notice to Proceed. C. Designer shall complete the final design of the remaining facilities described above within 56 days after receiving Notice to Proceed. 2.6 Cost A. A summary of hourly proposed fees is shown in Table A-1 and the fee schedule and breakdown is shown in Tables A-2 and A-3. 2.7 Payment Schedule A. Designer shall invoice lump sum portions monthly based on the percentage of the task that has been completed. B. Payment for additional services shall be for reimbursable costs accrued at the time of each invoice, in accordance with the billing rates shown in Table A-1. 2.8 Clarifications and Exclusions A. It is assumed that package plant expansion will be confined within the existing property and no work will be done outside of the plant fence with the exception of the new construction entrance drive. B. Designer assumes that storm water detention requirement shall be met off-site and no design of detention structures shall be required. Also, Designer assumes no separate report shall be required for documentation of storm water management plan. C. Record Drawings will be provided in both PDF format and AutoCAD compatible single -layer format, with the exception of standard details, which will be provided in PDF format only. 3.0 Detailed Description of Design -Builder's Tasks (Construction Related) 3.1 Bonding Requirements Design -Builder will provide the following bonds within 10 days of contract execution. Bonds will be in the standard City of Pearland format as provided in Exhibit E — City of Pearland Incorporated Items. • Performance Bond • Payment Bond Smith Page 18 of 53 Exhibit A 3.2 Constructability and VE Services to Design Ongoing meetings, discussions and design reviews will be provided as design develops in order to provide the most cost-effective, constructible and efficient design. This will consist of drawing reviews and participation in design milestone meetings. 3.3 Permitting and Approval Activities Actual fees for all permits, reviews, and approvals, as charged by the permitting agencies, are not included. These costs will be waived by the OWNER. • Stormwater Pollution Prevention Plan • Building Permit - Submit plans and performance specifications to Pearland City Building Department for the Facility. - Coordinate with OWNER as needed to respond to Building Department requests for additional information as needed. • Other Permits by OWNER - TCEQ Authorization to Construct 3.4 Construction Deliverables Quantities listed here are for qualitative purposes, for actual quantities and basis of contract, reference the final TimberlineTM estimate included in Exhibit B which is incorporated to the Main Agreement. • Site work Construction of a 20 ft. wide temporary road. - Construction of the Laydown area. - Construction of the wastewater treatment plant foundation using TxDOT Flex Base as select fill. - All excavated material will be hauled off site. • Electrical - Furnish and install one (01) 800A 480V MCC section to existing MCCD with 800A circuit breaker. Furnish and install temporary overhead power poles and conductors from MCCD electrical building to temporary blower main control panel. - Furnish all labor, equipment and supervision to energize the temporary wastewater treatment plant. • Yard Piping Smith Page 19of53 Exhibit A Since this work is considered a temporary construction, all of the below temporary pipelines have zero inch of cover. Furnish and install of approx. 1,185 ft. of 42" HDPE DR 17. Furnish and install of approx. 750 ft. of 20" HDPE DR 17. Furnish and install of approx. 240 ft. of 30" HDPE DR 17. Furnish and install of approx. 400 ft. of 6" HDPE DR 17 (WAS Line). The average trench depth is 4'-0". Dewatering for the trenching operation of the above pipeline is not included. Based on the subsurface exploration program, it is assumed that groundwater will not be encountered. - Grading work to provide adequate drainage. • Modification to the Existing Headworks - Furnish and install two new mechanical screens. - Modification to the concrete structure to accommodate mechanical screens and new 20" DI discharge pipe. Furnish and install of 20" DI pipe (above ground). - For the above ground pipe only, all pipe Joints are fully restraints (flanges). - Bypass of the current flow is not necessary. - Dumpster to be provided by OWNER. ■ Demolition of Existing ABW Filter Furnish labor, equipment and supervision to demolish the existing ABW Filter. The demolition work includes the removal of all process equipment, grating, handrail, supports, lighting and conduits. - All salvage material/items from this work will belong to the demolition subcontractor. • 1.0 MGD Pre -Engineered Wastewater Treatment Plant Furnish and installation of the following equipment: (4) each 32' Clarifiers (16) each 52'x12'x12'-2" Aeration Basins (1) each 10'x10'x10' Effluent Splitter Tank (1) each Headwork Tower (5) each Centrifugal Blowers • Process Piping CSP" Page 20 of 53 Exhibit A - Furnish and install of all process piping for the 1.0 MGD Pre -Engineered Wastewater Treatment Plant. - All process piping is above ground. - All process piping is PVC schedule 80 with the exception of the air line that is carbon steel. - For the process piping, pipe joints are not restrained. • Temporary Filters - Furnish and install of 3 each Five Start Disk Filter Model FSDF-6D84D-CS units placed in a carbon steel tank. • SCADA & System Control - No included in this proposal. • Instrumentation - No included in this proposal. - All equipment will be manual (on/off). 3.5 Post -construction Services When the processes are ready for operation, startup assistance will be scheduled and provided by the Design -Builder, including two (2) days of on-site training of OWNER personnel by an operational specialist for each major process equipment element, or group of processes as needed. This training will supplement the required startup training provided by the equipment suppliers on their specific equipment. It will feed into the facility O&M manual to be prepared by the Design -Builder. Four (4) copies of the equipment manuals will be prepared, in a format approved by the OWNER, including an overview of the entire treatment process, a description of the operation and maintenance instructions for each plant component, safety and emergency response procedures, and recommended staffing requirements. Final Record Drawings will be provided to the OWNER. 3.6 Ownership and Warranties Warranties on construction and all installed equipment will commence at the date of substantial completion for this project or as a structure/process is placed into commission by the OWNER. Substantial completion can be defined for an individual process/structure or for a group of processes, or for the entire construction, as commissioned by the OWNER. The date of substantial completion will be established after the following events occur: Substantial Completion shall comprise the completion of all work associated with this scope of work for the completion of Pearland Reflection Bay Water Reclamation Facility so that the new facility is operating properly and functioning as designed. Work that can be completed between Substantial Completion and Final Completion includes finish work such as cleanup, finish painting, and final documentation. Design -Builder shall provide equipment training and manufacturer certifications, and submit spare parts and final vendor O&M Data for Substantial Completion to be deemed complete by OWNER. The OWNER will then issue a letter of substantial completion, effective the date of letter, to Design -Builder. Page 21 of 53 Exhibit A Some minor non-essential construction work may not be completed by the substantial completion date. All construction and equipment shall be installed and completed prior to Design -Builder's written submittal of request for final inspection. Final acceptance by OWNER and final payment shall not occur until final inspection is held and OWNER and Design -Builder determine that there are no punch list items requiring remedy. If there are any punch list items, they shall be promptly corrected by Design -Builder to OWNER's satisfaction before a final acceptance letter is issued by OWNER. Warranties on all equipment are for one year from the time that the warranties commence. OWNER will assume ownership of the plant and facilities at the time of substantial completion and will also begin to operate the facility. The warranty will be for a period of twelve (12) months following Substantial Completion of each process equipment unit, and provided that the unit/equipment is properly operated and maintained in accordance with the instructions, manuals and training provided by the Design -Builder to the designated OWNER operations staff. 3.7 Time and Schedule The work under of this Agreement shall commence within 15 calendar days following issuance of the Notice to Proceed and the TCEQ Authorization to Construct, whichever comes later. TCEQ Authorization to construct must be secured within forty-five (45) days of Notice to Proceed. The work under this Agreement shall be completed in accordance with the schedule presented in Exhibit C. Warranties for essential equipment shall commence and plant ownership shall transfer to the OWNER on the date of substantial completion established by the procedure described in Article 1 above. The date of substantial completion for each phase shall be in accordance with the schedule presented in Exhibit C. Full closeout of the project, including completion of all other non-essential construction, and commencement of all other associated warranties, shall be in accordance with the schedule presented in Exhibit C. The preliminary Critical Path Method (CPM) schedule for final design and construction activities will be provided within 30 days of the commencement of work. The schedule is based on the Design -Build approach, which will include preparation of several design and construction packages, with the intent being that parts of the project are under construction while other parts are being designed. The OWNER will be the reviewing agency for this project and will issue the appropriate permits to construct the design packages. The OWNER may also inspect the work. The Design -Builder agrees that the schedule contemplates up to 40 weather impact days (calendar days) per calendar year. The number of impact days for specific milestones tied to liquidated damages shall be pro -rated. Impact days shall be defined as climatic conditions, possible rain days and adverse wet conditions caused by precipitation, and industrial conditions prevailing in this locality that impede planned work progress. The Design -Builder will track the impacts due to weather impact delays and reserves the right to submit a Time Impact Analysis (TIA) in the event that weather conditions warrant additional time. Extensions to the contract time will be granted only after the initial 40 weather impact days per calendar year have been accounted for. Remedy for extension of contract time shall be non -compensatory, i.e. extension of contract time only. Smith Page 22 of 53 Exhibit A 3.8 Change Management A. Change orders will be allowed that will adjust the Target Price to reflect conditions that occur after further refinement of the design or that unexpectedly arise as a result of the actual construction. The components of work to be included have been detailed in Section 1 above. Items that constitute changes that warrant adjustment to the Target Price include such items as: • Any additions to scope or substantive changes to scope; • OWNER -initiated substitutions on materials, equipment or subcontractors - that is, if the OWNER elects to use a more expensive alternative material, equipment or subcontractor even though the lowest price option selected by the DESIGN -BUILDER meets the specifications and best -value criteria; • Force majeure. • Unanticipated site conditions which incur costs beyond contingency amount. Unanticipated site conditions are defined as follows: If Design -Builder believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Section 1.2 above is materially inaccurate; or is of such a nature as to require a change in the Contract Documents; or • differs materially from that shown or indicated in the Contract Documents; or Is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. B. Change order work will be on a lump -sum basis. 3.9 Compensation and Invoicing A. The total Target Price for the scope of work identified in this Exhibit A is Ten Million, Seven Hundred Eighty Nine Thousand Four Hundred Seventy Dollars ($10,789,470.00) broken down as follows. The Design Team Fee is Six Hundred Eighty Seven Thousand Dollars ($687,000.00). The Target Price for Construction is Ten Million One Hundred Two Thousand Four Hundred Seventy Dollars ($10,102,470). Target Price shall be defined as the price for Design, materials, equipment, labor and construction administration (All Direct and Non -Direct costs) that are current with market conditions as of the date of Exhibit A. A schedule of values will be prepared by the Design -Builder and submitted to OWNER for approval within 30 days of commencement of work. The Schedule of Values comprises of the following line items: General Conditions; Direct Costs summarized in Line Items; Lump Sum Contingency; Lump Sum Fee. Costs are estimated in detail in Exhibit B. The mutually -agreed schedule of values will form the basis for monthly invoicing, which will be based on the costs of the work performed. The OWNER's representative will review these Smith Page 23 of 53 Exhibit r1 monthly payment requests with the Design -Builder and recommend payment of the request to the OWNER. B. Design Fees A summary of proposed hourly fees is shown in Table A-1. Design -Builder shall invoice lump sum portions monthly based on the percentage of the task that has been completed. If prior authorized by the City of Pearland, payment for additional services shall be reimbursable, accrued at the time of each invoice, in accordance with the billing rates shown in Table A-1. C. Direct Costs - Cost Reimbursable Schedule of Values Direct Costs include equipment, materials, labor and incidentals required in the execution of the work, including Sub -Contractor Work or Self -Performance Work associated in the execution of specific trade or discipline activities such as electrical, piping, civil, earthwork, demolition, painting, etc... Actual payment will be based on actual reimbursable costs presented in a monthly invoice. It is understood that actual direct costs may differ from line items detailed therein and that the Target Price will remain fixed regardless of actual direct costs. There will be no maximum price guarantees by line item. The Target Price will be based on the total of the Schedule of Values. The total estimated Direct Costs Conditions as shown in Exhibit B (less any amounts that are used for work as agreed and described above) will be retained in their entirety by the OWNER. D. General Conditions General conditions costs include Construction Management Labor and Expenses, and Direct Field Costs. Construction Management Labor includes sufficient project staff to properly supervise, manage, direct, document, account and execute the overall project. Payment for construction management labor shall be reimbursable, accrued at the time of each invoice, in accordance with the billing rates shown in Table A-4. Direct Field Costs (Designer -Builder's Equipment) as shown in Exhibit B include job specific safety equipment and supplies, field trailer and supporting utilities, communications, field furniture, surveying, and construction equipment for general site maintenance. Direct field costs shall be reimbursable, accrued at the time of each invoice, and subject to a 12% Fixed Fee as described in 3.8.E below. The total estimated General Conditions (Construction Management and Expenses and Direct Field Costs) shall not be exceeded without prior authorization from OWNER or a change in scope. The total estimated General Conditions as shown in Exhibit B (less any amounts that are used for work as agreed and described above) will be retained in their entirety by the OWNER. E. Fixed Fee (Overhead and Profit) The total percentage Fixed Fee for the scope of work identified in this Exhibit A has been mutually agreed at 12% (7% Audited Overhead and 5% Historic Corporate Profit) of Direct Costs. Direct Costs include the costs described above in 3.8.0 and the direct field costs described in 3.8.D. F. Contingency The contingency amount has been mutually agreed as Four Hundred Ninety Two Thousand Two Hundred Fifty Four Dollars ($481,070) and will be listed as a separate line item on the Schedule of CSmith Page 24 of 53 Exhibit A Values. This amount is to be used by the Design -Builder, with the express written consent of the OWNER, in the event that a cost is incurred that is not addressed in a specific line item and does not qualify for an increase in the contract price. Appropriate General Conditions and Fixed Fee will be added to work completed under the Contingency. The following are examples of items that fall into the contingency category: • OWNER preference to choose optional or additional items that are beyond the basis anticipated in the estimate as mutually agreed with Design -Builder not to be defined as change order; • Trade buyouts which are not as favorable as estimated; • Rework as a result of non -negligent errors; • Overtime or schedule acceleration costs that may be mutually agreed to be implemented and would not be reimbursable through a change order. • Unanticipated site conditions, as defined in Section 3.0 above. The contingency amount (less any amounts that are used for work as agreed and described above) will be retained in their entirety by the OWNER (100%) with no amount due to the Design -Builder (0%). G. Terms of Payment for all the Package Plant and Package Filters only: • 25% of the total on approval of submittals • 12.5% at completion of fabrication of Phase I • 12.5% after delivery of Phase I • 12.5% after installation and testing of Phase 1 • 12.5% at completion of fabrication of Phase II • 12.5% after delivery of Phase II • 12.5% after installation and testing of Phase II H. Retainage - OWNER will retain 5% of monthly invoice, the sum to be paid to DESIGN -BUILDER in Final Invoice. I. Invoicing - Designer -Builder will use the OWNER'S construction management integrated technology system (Pro -Trak) for project documentation and invoicing including submittals, RFI's, and monthly billing. Designer -Builder will be prepare a draft form and review with the OWNER'S field or project management personnel prior to submitting in final form to the OWNER. Payment terms will be NET Thirty (30) days. j• Liquidated Damages/Early Completion Incentive - Relative to 5.2.3 and 5.2.4 of the Contract, the Phase I Liquidated Damages/Early Completion Incentive time shall commence on the date of the Notice to Proceed and shall end at the completion of Phase 1 as shown in the schedule in Exhibit C. The Phase II Liquidated Damages/Early Completion Incentive time shall commence at the completion of Phase I and continue until the Phase II completion milestone is achieved. csmith Page 25 of 53 Exhibit A Liquidated Damages/Early Completion Incentive durations shall be discrete and independent per phase and shall not overlap. 3.10 Communications & Oversight All RFI's, Shop Drawings, Submittals and construction correspondence regarding all components of design will be addressed to the Design -Builder. The Design -Builder will distribute these items as required. The OWNER will be responsible for day to day site inspections as warranted. All Design Documents issued for construction must be stamped, sealed and labeled "Issued for Construction" (IFC) and provided by the Design -Builder to the OWNER with a transmittal sheet. The Design -Builder will be responsible for maintaining a drawing log. There shall be weekly construction meetings at the job site. These construction meetings will include Design -Builder construction management personnel, OWNER personnel, and Design -Builder's engineering staff as required; Design -Builder's engineering representatives may call-in to meetings as needed. Design -Builder's engineer representatives shall make visits to the site at intervals appropriate to the various stages of construction, at least twice per month. OWNER will have the opportunity to provide input/discussion on equipment selection offerings including pricing options. Each equipment and/or proposal selection for subcontract work will be sent to the OWNER for review and approval. 3.11 Terms and Provisions in Conflict If the provisions set forth in the main Agreement are in conflict to this Exhibit A, the provisions of this Exhibit shall govern. Acceptance of the terms of this Exhibit is acknowledged by the following authorized signatures of the parties to the Agreement. OWNER Pearland City, TX lath DESIGN -BUILDER CDM Constructors Inc. k-c.r---- By 'CC-"1.".Chitra Foster, Vice President 1 --Lt : o x3tJ ACL 7'N. P Page 26 of 53 Exhibit A TABLE A-1 CITY OF PEARLAND Reflection Bay Water Reclamation Facility Package Plant For Design Services HOURLY LABOR RATES LABOR CATEGORY Hourly Rate Principal/Project Director $225.00 Sr. Tech Specialist (QA/QC) $225.00 Sr. Project Manager $200.00 Discipline Manager $175.00 Designer 7 $185.00 Designer 5/6 $175.00 Designer 3/4 $150.00 Designer 1/2 $135.00 Cost Estimator $125.00 Senior Designer/Drafter $135.00 Designer/Drafter $110.00 Sr. GIS Technician $135.00 GIS Technician $100.00 Senior Administrative Personnel $110.00 Administrative Accounting $90.00 Administrative Assistant $75.00 Smith Page 27 of 53 Exhibit A TABLE A-2 CITY OF PEARLAND Reflection Bay Water Reclamation Facility Package Plant Design Services (Lump Sum) TASK NO. TASK DESCRIPTION AMOUNT Basic Services I. Preliminary and Final Design (Lump Sum) $420,000 A. Pre -Construction Design Services $41,000 B. Monthly Meetings (3) $11,000 C. Final Plans and Specifications $360,000 D. Coordination with Regulatory Agencies $8,000 II. Procurement Services (Lump Sum) $164,000 A. Coordination with Contractor, Subs & Manufacturers $65,000 B. Value Engineering $76,000 C. Conformed Drawings $23,000 III. Design Services During Construction (Lump Sum) $103,000 A. Monthly Meeting $21,000 B. Review Shop Drawings/Submittals $49,000 C. Evaluate RFIs $23,000 D. Inspections/Walkthroughs/Startups $10,000 Total Contract Value $687,000 Smith Page 28 of 53 $!- }§! k!£ 5z. !e! !z- �!; .;. zz. } A2- |z. %§! !-!•2 ;!«■ ,■a2! 11!11■| §§#■ §§§§# «5!111 ■!e! 115551 _ ;!!! ■■■! !§!!R •-. !!|!| \}§| ||! a ■ § ■ R.O.K ■ ■ ■ R.O. 2 _ ■ aas /§| . . | 22. _ E7 . of 7 .°; , 0 00 in !2 »ad 22 | .771 .02 2 V. §s2 | |)| )22| | .02 2 A.2 ...a !.n # 40 • R± ■ E ■,! _"» | A©! ! -_. 822! ■■■K! n2■� 221;5 8532 2[�k | ?8#! _,s_! ■!§■■ #1111 3111!■ I::■ !!■ aza! ar —§ 2aa9 ;,A_! , Ms! |!!§| | _72 :r.,. §■##k §§■■§■|■ .2§,! !„! ,[ | e=¥,E ;;.! 299<2 ■ Page 29 of 53 TABLE A-4 CITY OF PEARLAND Reflection Bay Water Reclamation Facility Package Plant For Construction Management HOURLY LABOR RATES LABOR CATEGORY Hourly Rate Operation Manager/Area Manager $180.00 Health and Safety Manager $135.00 Sr. Project Manager $165.00 Project Manager $145.00 Construction Specialist $80.00 Procurement Specialist $130.00 General Superintendent $120.00 Chief Estimator $135.00 Estimator Specialist $100.00 Project Control Specialist $125.00 Scheduler $125.00 Construction Project Administrator $65.00 Contract Administrator $90.00 Smith Exhibit A Page 30 of 53 Exhibit B Cost Estimate CITY OF PEARLAND — REFLECTION BAY WRF TEMPORARY PACKAGE PLANT FACILITIES Purchased Equipment Package Plant $2,976,882 Filters $725,000 Valves $214,422 RAS/WAS Pumps $96,000 Bar Screens $160,000 SUB TOTAL $4,172,304 Sitework Piping & Rock Base $1,281,151 Electrical $737,955 Demo Filter $318,000 Other (Sitework, Concrete, etc.) $106,956 Installation $644,377 Bonds & Insurance $295,824 Design -Builder's Equipment (Direct Field Costs - NTE) $291,558 SUB TOTAL $3,675,821 DIRECT COST TOTAL 57,848,125 Audited Contractor Overhead (7%) $549,369 Contractor Profit (5%) $392,406 SUB TOTAL 58,789,900 Design -Builder Construction Management Labor (Reimbursable -NTE) $831,500 SUB TOTAL $9,621,400 Contingency (5%) $481,070 TOTAL CONSTRUCTION COST $10,102,470 Design (Lump Sum — NTE) $687,000 GRAND TOTAL $10,789,470 Smith Page 31 of 53 Ls;en, cnu,'�. ualivrv. Opinion of Probable Cost Page 1 Emergency Temp Treatment 1/16/2015 9:53 AM City of Pearland Emergency Temporary Treatment Plant OPTION 1 Project name Emergency Temp Treatment Pearland TX Estimate Type Cost « Fixed Fee OH and 12% Contingency 5 % Estimator DN Notes Assumptions. No rock excavation is required. Only nominal dewatering is needed. No consideration for contaminated soils or hazardous materials is included (i.e. asbestos. lead. etc). Based on a normal 40 hour work week with no overtime. All Excavated Spoils will be Hauled Offsite. Imported Fill for all backfill. Patch concrete Paving Demo with Y of Asphalt. Temp Construction Gate at new Construction Entrance. Concrete Drive at New Entrance. Package Plant will be installed in 2 Phases. Demo Existing Filters after Phase 1 is complete. All boned pipe is HDPE All Above grade pipe will be PVC except for Blower piping. Blower Piping will be painted Carbon Steel. ALL HDPE PIPE WILL BE DR 17. PER ENGINEER Page 32 of 53 2,978,882 725,000 3,701,882 3,701.882 3,701,882 7,145 28,247 17,861 17,861 25,006 48,108 2,923 2,92311 2,923 2,923 1.00 Is 2,976,882 1.00 Is 11.00 wk 11.00 wk 3.00 trip 1.00 Is 1.00 Is 3.00 ea 7,082.00 gal 1.00 Is 18,462 18,462 18,462 1,400.00 If 3,570 2.00 ea 1,904 200.00 If 3,570 1.00 Is 952 11.00 wk 1.00 Is 476 1.00 Is 2,856 14.00 wk 650.00 If 4,760 16,086 1b 1181' 725,000 725,000 2,976,882 725,000 2.976,882 725,000 2,976,882 8,500 6,500 8,800 2,641 2,641 6,500 6,500 7,578 7,578 7,578 7,578 2,641 35,506 63,109 31.176 31,176 29.515 29,515 10,407 10,407 41,583 29,515 71,098 1,400 2,046 7.016 2,590 874 3,087 8,455 4,700 2,216 10,486 591 1,543 15,423 15,423 273 749 6,529 9,385 17,861 17,861 32,700 2,955 40,415 41,390 874 50,981 111,333 41,390 874 92,564 29,515 182,431 1,419.00 gal 5,914 5,914 5,914 5,914 500.00 cy 1,944 1,773 3,717 500.00 cy 760 2,020 10,636 13,416 500.00 cy 4,760 30,262 5.454 40,476 7,464 30,262 2,020 17,863, 57,609 Paw 33 of Smith Spreadsheet Level Opinion of Probable Cost Page 2 Emergency Temp Treatment 1/16/2015 9:53 AM Takeoff Quantity 1 Labor Amount 1 Material Amount Sub Amount Equip Amount Other AmountTotal Amount 02 PROCUREMENT (TREATMENT EQUIPMENT) 10 Package Treatment Plant Equipment 11000 EQUIPMENT 11000.0600 Package Treatment Equipment - AUC Group 11000.0601 Five Star Filtration - Filters 11000 EQUIPMENT 10 Package Treatment Plant Equipment 02 PROCUREMENT (TREATMENT EQUIPMENT) 03 SITE / CML 05 Field Management Staff 01420 Field Staff 01420.0600 Project Supervisor 01420.0601 Field Staff Per Diem 01420 Field Staff 01450 Travel & Subsistance 01450.0600 Travel/Rotations 01450 Travel & Subsistance 01560 Construction Equipment & Small Tools 01560.0800 Misc. Small Tools 01560 Construction Equipment & Small Tools 01610 Survey 01610.0600 Layout & Surveying 01610 Survey OS Feld Management Staff 15 Erosion & Sedimentation Control 01561 Rental Equipment 01100.0601 Mob / Demob 01561.0600 Rental Equipment Fuel 01561.0601 Equipment Roundoff 01561 Rental Equipment 02000 Sitework 02000.0601 Silt Fence 02000.0602 Construction Entrance (50' x 20') 02000.0603 Drainage Pipe - 15" RCP 02000.0604 Grading of Ditch 02000.0605 Street Sweeping (Main Access Road) 02000.0607 Remove Pipe Bollards 02000.0608 Site Grading 02000.0609 Water Truck 02000.0610 18" Strom Sewer Pipe & Inlets 02000 Sitework 15 Erosion & Sedimentation Control 20 Temporary Road 01561 Rental Equipment 01561.0600 Rental Equipment Fuel 01561 Rental Equipment 02300 Earthwork 02300.0600 Strip Topsoil (670' x 20' x 12" deep) 02300.0601 Haul -off Topsoil 02300.0602 Placement of 12" Al Road Base & Goo Fabric 02300 Earthwork 0T112n t:.,.et..9 53 215,000 215,000 215.000 103,000 105.000 318,000 2,285 6.517 215,000 103,000 103,000 318,000 318,000 1,829 10,531 2205 10,631 rage 34 of 53 Smith listen. think deliver. Opinion of Probable Cost Page 3 1/16/2015 9:53 AM Emergency Temp Treatment Spreadsheet Luy.I I Takeoff Quantity 02820.0600 New Construction Entrance Gate 1.00 Is 02820 Fencing 20 Temporary Road 25 Package Plant Foundation 01561 Rental Equipment 01561.0600 Rental Equipment Fuel 2,728.00 gal 01561 Rental Equipment 02300 Earthwork 02300.0603 Strip Topsoil (39,000 sf) 1,445.00 cy 02300.0604 Haul -off Topsoil 1,445.00 cy 02300.0605 Placement of 36" Al Road Base & Goo Fabric 4,335.00 cy 02300 Earthwork 25 Package Plant Foundation 30 Lay Down & Staging Area 01561 Rental Equipment 01561.0600 Rental Equipment Fuel 1,170.00 gal 01561 Rental Equipment 02300 Earthwork 02300.0606 Strip Topsoil (25,800 sf) 02300.0607 Haul -off Topsoil 02300.0608 Placement of 12" Al Road Base & Geo Fabric 02300 Earthwork 30 Lay Down & Staging Area 70 Temp Filters @ SBRs 01561 Rental Equipment 01561.0600 Rental Equipment Fuel 758.00 gal 01561 Rental Equipment 02300 Earthwork 02300.0612 Strip Topsoil (600 sf) 02300.0613 Haul -off Topsoil 02300.0614 Placement of 36" Al Road Baso & Goo Fabric 02300 Earthwork 70 Temp Fitter ® SBRs 03 SITE / CML 04 DEMO SUB (EXISTING FILTERS) 35 Demo Subcontractor Quote 02220 Demolition 02220.0601 Demo Existing Concrete Filter Structure - Sub Quote (Bowen) 1.00 Is 02220 Demolition 02300 Earthwork 02300.0615 Placement of Backfill - Sub Quote (Bowen) 1.00 Is 02300 Earthwork 35 Demo Subcontractor Ouoh. 04 DEMO SUB (EXISTING FILTERS) 05 CONCRETE 40 Concrete Pads 02750 Concrete Paving 02750.0600 New Concrete Entry Drive 134.00 sy 02750 Concrete Paving 03000 CONCRETE 03000.0600 Blower Pad (30' x 12' x 2�jncluded in Bowen Quote) 27.00 cy Labor Amount 1,495 1,495 8.959 Material Amount 9,026 9,026 39, 21311 2,430 1,520 11,900 254,509 15,850 254,509 15,850 254,509 956.00 cy 1,620 956.00 cy 608 956.00 cy 3,808 57,879 r.0m: 57,879 57.879 Sub Amount 2,020 5,838 5,838 5.838 3,862 3,862 3,862 Equip Amount 1 Other Amount i Total Amount 2,344 12,864 2,344 12,864 20,207 5,914 76,387 2,216 21,271 13,635 37.123 37,123 1,478 8,508 4,363 14,349 14,349 11,389 11,369 11,369 11,369 11.369 4,646 28,629 280,044 313,320 324,689 4,878 4,876 4,876 4,876 4,876 3,098 12,979 66,050 82,126 87,003 3,159 3,159 3,159 3,159 25.00 cy 648 591 1,239 25.00 cy 304 101 4,254 4,659 67.00 cy 2,856 3,933 3,272 10,062 3.802 3 333 101 8,118 15,960 1.30,: 101 8,11E 3.159 19,119 71,203 403,499 12,695 175,001 90,339 752,737 22 12,668 65 92,602 32 91,820 32 1,290 712 35,000 152 234,093 2,750 999,176 34,352 5,025 6,369 5,025 6,369 5,025 Page 35 of 53 cspmith IIstsn-tldnk. deliver. Opinion of Probable Cost Emergency Temp Treatment Page 4 1/16/2015 9:53 AM Spreadsheet Level 03000.0601 RAS Pump Pad (20' x 20' x 24") (Included in Bowen Quote) 03000.0602 Splitter Box Pad (12' x 12' x 24") (Included in Bowen Quote) 03000.0608 Blower Pipe Discharge Concrete Slab (30' x 12' x 24") 03000.0610 Backwash Pump Pad (20' x 20' x 24") 03000 CONCRETE 40 Concrete Path 05 CONCRETE 06 PROCESS MECHANICAL 45 Yard Piping 01570 Safety 01570.0602 Trench Box (42" Tie-in) 01570 Safety 02220 Demolition 02220.0604 Saw Cut Road for 6" WAS 02220 Demolition 02240 Dewatering 02240.0601 Dewatering for 42" Pipe Tie-in (Well Point System) 02240 Dewatering 02730 Aggregate Surfacing 02730.0600 Temporary Asphalt 02730 Aggregate Surfacing 03000 CONCRETE 03000.0605 20" HDPE - Concrete Thrust Block 03000 CONCRETE 15000 PROCESS MECHANICAL 15000.0600 20" HDPE DR 17 (Existing HW to Temp HW Tower) 15000.0601 30" HDPE DR 17 (SBRs to SBR Temp Filters) 15000.0602 42" HDPE DR 17 (SBR Temp Filters to Existing 42") 15000.0603 42" HDPE DR 17 (Temp Filter to Existing 42") 15000.0604 6" HDPE DR 17 (WAS Line) 15000.0627 30" SBR Decant Tie-in 15000.0628 30" SBR Decant Pipe Removal 15000.0629 42" DIP Hot Tap (42" Temp Filter Tie-in) 15000 PROCESS MECHANICAL 15100 VALVES 15100.0600 20" Gate Valves 15100.0601 30" Gate Valves 15100.0602 42" Gate Valves 15100.0603 6" WAS Gate Valves 15100.0604 1" WAS Air Release Valves 15100.0611 42" Insertion Valve 15100 VALVES 45 Yard Piping 50 Package Plant Piping 15000 PROCESS MECHANICAL 15000.0605 10" PVC - Sch. 80 (HW Tower to Splitter Box) 15000.0606 8" PVC - Sch. 80 (A -Basin to Line 8) 15000.0607 10" PVC - Sch. 80 (Line 6 & 7 to Clarifier 1) 15000.0608 8" PVC - Sch. 80 (A -Basin to Line 11) 15000.0609 10" PVC - Sch. 80 (Line 9 & 10 to Clarifier 2) 15000.0610 8" PVC - Sch. 80 (A -Basin to Line 14) Takeoff Quantity Labor Amount Material Amount t Sub Amount I Equip Amount Other Amount Total Amount 30.00 cy 11.00 cy 27.00 cy 4,294 7,711 105 90 56 12,256 30.00 cy 4,571 8,520 116 92 63 13,361 8,866 16,230 221 182 119 25,617 11,151 22,747 221 2,011 119 36,248 11,151 22,747 221 2,011 119 36,248 1.00 Is 300.00 If 5,400 5,400 1.00 Is 27,820 13,702 1,045 27,420 13,702 1.043 3,789. 3,789 3,789 3,789 5,400 5,400 42,567 42,567 500.00 sy 99 3,844 281 356 4,580 39 3,344 231 356 4,580 3.00 ea 635 1,200 035 1,200 1,835 1,835 750.00 If 22,087 61,358 3,217 22,050 325 109,037 240.00 If 8,993 49,907 2,966 10,424 650 72,940 1.100.00 If 34,721 229,654 7,250 61,464 325 333,414 85.00 If 6,261 37,843 2,047 10,596 650 57,396 400.00 If 6,999 5,762 2,553 11,308 650 27,271 4.00 ea 7,753 42,460 2,025 52,238 1.00 Is 3,652 964 4,6171 1.00 Is 50,000 50,000 00,465 426.033 63,034 1C,:l31 Z,_f9::, 706,911 2.00 ea 647 12,000 6.00 ea 2,538 90,000 3.00 ea 1,788 90,000 2.00 ea 308 950 2.00 ea 212 500 1.00 Is 35,000 5,492 193,450 35,000 124,511 639,178 109,761 180.00 If 5,242 29,110 40.00 If 984 4,041 20.00 If 677 5,692 40.00 If 984 4,041 20.00 If 677 5,692 40.00 If 984 4,041 122,976 Smith listen. think. deliver. Spreadsheet Level 15000.0611 10" PVC - Sch. 80 (Line 12 & 13 to Clarifier 3) 15000.0612 8" PVC - Sch. 80 (A -Basin to Line 17) 15000.0613 10" PVC - Sch. 80 (Line 15 & 16 to Clarifier 4) 15000.0614 4" PVC - Sch. 80 (Clarifier to Scum Tanks) 15000.0615 6" PVC - Sch. 80 (Scum Tanks to RAS/WAS Pumps) 15000.0616 6" PVC - Sch. 80 (RAS Pump to Headworks Tower) 15000.0617 4" PVC - Sch. 80 (Clarifier to WAS/Scum Tank) 15000.061810" PVC - Sch. 80 (Clarifier to Lino 40) 15000.0619 18" PVC - Sch. 80 (Disk Filter to Disinfection Unit) 15000.0620 4" PVC Sch. 80 (Disk Filter/Scum to Existing Manhole) 15000.0621 4" PVC Sch. 80 (Disk Filter to Existing HW/Line 51) 15000.0622 12" Carbon Steel Pipe w/ Insulation (Blower Piping) 15000.0623 24" Carbon Steel Pipe w/ Insulation - Hoador (Blower Piping) 15000 PROCESS MECHANICAL 15060 Hangers & Supports 15060.0600 Concrete Pier w/ Steel Pipe Supports (Blower Piping Supports) 15060.0601 Concrete Pier w/ Steel Pipe Supports (Headworks Piping Supports) 15060.0602 Concrete Pier w/ Steel Pipe Supports (A -Basin Piping Supports) 15060.0603 Pipe Hangers/Supports 15060 Hangers. 8 Supports 15100 VALVES 15100.0606 4" Gate Valve 15100.0607 6" Gate Valve 15100.0608 8" Gate Valve 15100.0609 10" Gate Valve 15100.0610 12" Gate Valve 15100 VALVES 50 Package Plant Piping 75 Process Equipment Installation 11000 EQUIPMENT 11000.0602 Install AUC Furnished Blowers 11000.0603 Furnish & Install New WAS/RAS Pumps 11000 EQUIPMENT 75 Process Equipment Installation BO Hradworks Modifications 01070 Satoh' 01570.0600 Scissorlift for Headworks Mods 01570.0601 Confined Space Entry 01570 Safety 02220 Demolition 02220.0600 Sawcut Elevated Concrete Slab - SUB 02220.0603 Demo Manual Bar Screen & Grating 02220 Demolition 03000 CONCRETE 03000.0603 Patch/Dowel Sawcut Opening 03000.0606 Grout Bar Screen Channels 03000.0607 Concrete Pipe Supports/Sleepers (at Grade) 03000 CONCRETE 05500 Metal Fabrications 05500.0600 Grating 05500 Metal Fabrications 11110 Serono inn Systems Opinion of Probable Cost Page 5 1/16/2015 9:53 AM Emergency Temp Treatment LTakeoff Quantity L Labor Amount 1 Material Amount Sub Amount 20.00 If 677 5,692 40.00 If 984 4,041 20,00 If 677 5,692 180.00 If 2,094 8,374 30.00 If 557 2,787 210.00 If 2,972 14,415 80.00 If 1,164 4,824 80.00 If 2,448 17,677 180.00 If 6,560 60,575 160.00 If 2,171 8,908 170.00 If 2,202 8,985 90.00 If 9,769 12,633 110.00 If 13,715 29,084 55.537 236,307 Equip Amount Other Amount Total Amount 6,369 5,025 6,369 10,468 3,344 17,386 5,988 20,125 67,135 11,078 11,187 600 23,002 1,616 44,415 2,216 '4,057 24.00 ea 2,210 6,103 5.341 16 13,670 6.00 ea 650 829 5,341 16 6,837 4.00 ea 433 552 3,227 11 4,223 30.00 ea 2,157 1,110 3,267' 5,451 8,595 13.962 44 27,998 12.00 ea 845 3,068 4.00 ea 399 1,266 8.00 ea 1,091 3,668 14.00 ea 2,335 9,544 4.00 ea 764 3,425 3.433 29,972 13,908 2,260 3,913 1.665 4,760 11,880 4,189 26,407 348,461 5.00 ea 10,093 6,841 3,031 19,964 3.00 ea 6,751 96,000 2,068 3,053 107,872 16,144 96.000 8,909 6,084 127,836 8,909 6,084 127,836 1.00 Is 1.00 Is 5,413 5,413 5,002 5,002 5,413 5,002 10,415 2.00 ea 4,000 1.00 Is 2,989 799 2,900 1,000 799 1.00 cy 2,500 1,106 1,200 621 3.00 ea 3,000 1.106 1.200 5.500 10.00 sf 231 950 231 950 621 4,000 3,788 7,788 2,500 2,927 3,000 8,427 1,181 1,181 53 cspmith listen. think. deliver. Opinion of Probable Cost Emergency Temp Treatment Page 6 1/16/2015 9:53 AM Spreadsheet Level Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount 11330.0600 New Mechanical Bar Screeens 11330 Screening Systems 15000 PROCESS MECHANICAL 15000.0624 20" Ductile Iron Pipe Flanged (Above Grade) 15000.0625 20" DIP - Pipe Support/Hangers (Verticle) 15000 PROCESS MECHANICAL 80 Headworks Modifications 06 PROCESS MECHANICAL 07 ELECTRICAL 55 Temporary Power 16000 Electrical Allowance/Miscellaneous 16000.0600 Temporary Electrical Power 16000 Electrical Allowance/Miscellaneous 55 Temporary Power 07 ELECTRICAL 2.00 ea 7,737 160,000 7,737 160,000 8,167 8,167 1,927 177,831 1,927 177,831 40.00 9 5,099 21,876 1,991 28,966 1.00 Is 840 3,000 3,840 5,939 24,876 1,991 32,806 18,002 187,026 9,500 16,990 6,929 238,447 225,781 1,188,074 133,169 151,135 15,762 1,713,920 1.00 Is 737,955 737,955 737,955 737,955 737,955 737,955 737,955 737,955 Page 37 of 53 csmith listen. think. deliver. Opinion of Probable Cost Emergency Temp Treatment Estimate Totals Description Amount Totals Hours Rate Labor 308.135 9,878 hrs Material 2.339.320 Subcontract 4.178,921 Equipment 328.147 5.451 hrs Other 106.221 Subtotal Direct Cost 7,260,744 7.260,744 Bldr's Risk Ins l% total cost) Gen Lob Ins (% total cost) GC Bonds (% total cost) Subtotal Prior to OH&P 50,512 151.537 93,775 295,824 7,556,568 GC General Conditions 1,123,058 Contractor Total OH&P 941,775 Subtotal with OH&P 2,064,833 9,621,401 Construction Contingency 481.070 Total Cost at: 481,070 10,102,471 Escalation to Mid Pont Constr Based on 3% per year 10,102,471 Total 10,102,471 "This Opinion of Probable Construction Cost is produced in accordance with CDM Smith's Firmwide Quality policies and best practices as described in CDM Smith's Estimating Manual Dated 01/03/12 Section 10 titled Quality Control. I hereby attest that the Cost Estimating policies and procedures were followed in preparation of the Opinion of Probable Cost - Lead EN w. r L44y - DN Data 1/7/201: Page 7 1/16/2015 9:53 AM Page 38 of 53 Project Name: Perland Reflection Bay Water Reclamation Facility Date: 1/6/2015 TOO •_ ` Gabor Labor AMI Labor Moa taborAtamall Equip yu4Amoutt Other Moo OIMrAmauM Taw Unk Nala 4rf3 V Fa i ^ . : � away Von Mn ProduolMp Mos Coatlal GENERAL CONDITIONS Tow Amount S 1,158,045 Protect Permits 10,000 Penults 10.000.00 5 1 1 1.001-10.0001 1 00 /5 10,000 Protect Management 43,200 Operation Manager- Construction 65.00 wk 65 1.000 mh/wk 180.00 /mh 11,700 180.00 /wk 11.700 Area Manager- Construction 65.00 wk 130 2.000 mh/wk 180.00 /mh 23.400 360.00 /wk 23,400 Health 4 Safety Manager 60.00 wk 60 1.000 mh/wk 135 00 /mh 8,100 135.00 /wk 8.100 Field Staff 666,469 Project Manager 1- Construction 67.00 wk 1.340 20.000 mh/wk 145.00 /mh 194,300 11 39 15.263 3.127.80 /wk 209,563 Construction Specialist 65.00 wk 1.430 22.000 mh/wk 80.00 /mh 114,400 1.760.00 /wk 114.400 Procurement Specialist 10.00 wk 60 6.000 mh/wk 130.00 /mh 7,800 780.00 hvk 7.800 General Superintendent 63.00 wk 2.520 40.000 mh/wk 120.00 /mh 302,400 12 82 32.306 5,312.80 M4 334.706 Project Estimating 7,500 Regional Chief Estimator 2.00 wk 20 10.000 mh/wk 135 00 /mh 2.700 1.350.00 Mk 2.700 Estimator Specialist 4.00 wk 48 12.000 mh/wk 100 00 /mh 4.800 1,200.00 hMc 4.800 Project Controls 29,250 Project Control Specialist 64.00 wk 160 2.500 mhiwk 125.00 /mh 20.000 312.50 Mk 20.000 Schedule Development 2.00 wk 64 32.000 mh/wk 125 00 /mh 8,000 4,000.00 /wk 8,000 Schedule Printing 10.00 ea 125.00 1,250 125.00 /ea 1,250 Clerical Staff 133,900 Construction Project Administrator 67.00 wk 1.340 20.000 mh/wk 65-00 /mh 87.100 1.300.00 /wk 87,100 Contract Administrator 85.00 wk 520 8.000 mhlwk 90.00 /mh 46,800 720.00 Mvk 46.800 Training 8 Orientation 0 Pre-Hire/Testing/Orientation ea 0 mh/ea /mh 01 1 1 0.001 01 0.00 /ea 0 OSHA 10 Hour Training ea 0 mh/ea /mh INCLUDED IN LABOR HOURS SHOWN ABOVE ma - 0 Excavation/Trenching Training ea 0 mh/ea /mh 0 0.00 0 0.00 /ea 0 Temp. Water Service 10,200 Bottled Water Hot/Cold 20.00 u/mo 300.00 6,000 300.00 lu/mo 6.000 Ice/ Machine 1.00 ea 400.00 400 400.00 /ea 400 Field- Drinking Water/Ice 10.00 wino 300.00 3,000 300.00 /u/mo 3,000 Construction Water Connect 1.00 ea 500.00 500 500.00 /ea 500 Construction Water Usage 12.00 mo 25.00 300 25.00 /mo 300 Temp. Sanitary Service 9,500 Sanitary Sewer Storage/Holding Tank 2.00 ea 0 1,250.00 2,500 1,250.00 lea 2,500 Sanitary Sewer Storage/Holding Service 12.00 mo 100.00 1,200 100.00 /mo 1.200 Portable Toilets 24.00 u/mo 115.00 2.760 115.00 /u/mo 1760 Hand washing Stations 24.00 u/mo 85.00 2.040 85.00 /u/mo 2,040 Temporary Emergency Eyewash 1.00 ea 1.000.00 1.000 1,000.00 /ea 1,000 Page 39 oI 53 Oescrlptlon Project Name: Perland Reflection Bay Water Reclamation Facility Date: 1/6/2015 Takeoff NNt Labor Labor /Unit Labor Price /Unit Labor Amount Equip Equip Amount Other Price Other Amount Total Quantity WOO; Productivity Price CostfUnit /Unit Total Amount $ 1,158,045 Temporary Power _ 8,300 Electrical 1.00 ea 3.500.00 /ea 3,500 Local Utlllty Service Drop 1.00 ea 4,100.00 /ea 4,100 Distribution/Connection to Office Trailers 2.00 ea 700.00 /ea 700 Temp. Telephone & Comm. Telephone Co. Connecti & Distribute Fees 1.00 ea 350.00 350 350.00 /ea 350 Telephone Monthly Charge 15.00 Umo 150.00 2,250 150.00 /Elmo 2.250 Telephone Demobilization 1.00 ea 550.00 /ea 550 HI -Speed Internet Connection 1.00 ea 150.00 150 150.00 /ea 150 HI -Speed Internet Monthly Charges 15.00 u/mo 100.00 1.500 100.00 /u/mo 1.500 PERSONNEL PHONE CHARGES (w/Pro/act Stag)-- type /type Cell Phone 5,613.00 hr 0.80 4.490 0.80 /hr 4.490 Air Card 5,613.00 hr 0.80 4.490 0.80 /hr 4.490 CDM Field Offices 18,800 CDM Mobile Office Trailer 12x60 13.00 u/mo 1,000.00 13.000 1.000.00 /u/mo 13.000 ffice Trailer 12x60- Deliver/Set-up/Tie-Down/Demobl 1.00 ea 5,800.00 5,800 5.800 00 /ea 5.800 CDh1 Field Office Equlp,Supply 55,400 CDM Office Furn & Equip - Lump Sum 7,000.00 5 1.00 7.000 1.00 /$ 7,000 CDM Network Copier/Printer 1.00 ea 1,500.00 1.500 1.500.00 /ea 1.500 CDM Large Copy Machine 13.00 mo 2,500.00 32.500 2.500.00 /mo 32,500 CDM Two -Way Radios 2.00 ea 400.00 800 400.00 /ea 800 CDM Radio Charger 8 Accessories 2.00 ea 600.00 1.200 600.00 /ea 1,200 CDM Monthly Office Supplies 12.00 mo 500.00 6.000 500,00 /mo 6.000 CDM Monthly Postage 8 Courier Services 6.00 mo 250.00 1,500 250.00 /mo 1.500 CDM Drinking Water Monthly Service 14.00 mo 150.00 2,100 150.00 /mo 2,100 CDM Janitorial Service- Vendor 14.00 mo - 200.00 2.800 200.00 /mo 2.800 Const Equip 78.000 All Terrain Forklift 6000Ibs 53.00 wk 52,000 981.13 /wk 52,000 Self Propelled Pavement Broom 96' 85HP 24.00 wk 26.000 1,083.33 /wk 26.000 Page 40 of 53 Project Name: Perland Reelection Bay Water Reclamation Facility Date: 1/6/2015 Description Takeoff /Unit Labor Labor /Unit Labor Price /Unit Labor Amount Equip Equip Amount Other PNU Other Amount Total Quantity Man Firs Productivity Price COsWUnit IUnft Total Amount GENERAL CONDITIONS $ 1,158,045 Sofcly 34,152 Recruit Drug Test Clinic 1.00 ea 500.00 500 500.00 /ea 500 Drug Testing 4.00 ea 155.00 lea 620 Project Safety Plan 1.00 ea 500.00 500 2.000.00 /ea 2.000 Safety Signs (package of 10) 3.00 ea 150.00 450 150.00 /ea 450 First Aid Kit- #100 2.00 ea 400.00 800 400.00 /ea 800 First Aid Re -Supply 15.00 mo 50.00 750 50.00 /mo 750 Hard Hats 10.00 ea 11.00 110 11.00 /ea 110 Safety Glasses 30.00 ea 8.00 240 8.00 lea 240 Gloves 10.00 ea 18.00 180 18.00 /ea 180 Earplugs 10.00 ea 26.00 260 26.00 /ea 260 Earmuffs 10.00 ea 19.00+ 190 19.00 /ea 190 Tyvek Coveralls w/Hood & Booties 15.00 ea 10.00 150 10.00 /ea 150 Rubber Overboots 6.00 ea 66.00 396 66.00 /ea 396 Dust Masks (Box of 50) 5.00 ea 23.00 115 23.00 /ea 115 Temporary Safety Fencing 500.00 If 34.00 17.000 34.00 /If 17.000 Fall Protection Harness & Lanyards 3.00 ea 290.00 870 290.00 /ea 870 Retractable Safety Lines 3.00 ea 400.00 1.200 400.00 /ea 1.200 Temporary Ladders x 15' 2.00 ea 113.00 226 750.00 lea 1.500 Safety Labor/Fire Watch etc. 1.00 mh 100.00 /mh 100 Half Mask Respirator 5.00 ea 40.00 200 40.00 /ea 200 Emergency Escape Respirator 2.00 ea 661.00 1.322 661.00 lea 1.322 onfined Space Rescue System- Tripod & Hoist 350# 1.00 ea 5,199.00 5,199 5.199.00 /ea 5,199 Project Signs 7,600 Project Signs, 4'x 8' 2.00 ea 500.00 1,000 1,300.00 /ea 2.600 Project Signs, 8'x 8' 1.00 ea 1,000.00 1.000 1,800.00 /ea 1.800 Miscellaneous Site Signage 6.00 ea 100.00 600 500.00 /ea 3.000 A Frame Barricades 5.00 ea 20.00 100 40.00 /ea 200 Survey 11,000 Initial Survey & Layouts- Registered Surveyor 5.00 Is 1,000.00 5.000 1.000.00 /Is 5.000 Site/Laser Level- Rental 12.00 u/mo 200.00 2.400 200.00 /u/mo 2.400 Total Station & Target 1.00 ea 3.000.00 3.000 3.000.00 /ea 3.000 Rod/Tripod 1.00 ea 600 600 /ea 600 Project Close-out 2,500 As Built Drawings & Records 1.00 Is 250.00 250 1.500.00 /Is 1.500 Closeout Submittals 1.00 is 1000 1.000 1000 /Is 1.000 Textura 2,000 Textura Acounting- Project Fee 1.00 Is 2000 2000 2,000.00 /Is 2000 SUB TOTALS $ 831,500 $ 125,569 $ 165,989 TOTAL LABOR $ 831,500 DIRECT COSTS $ 291,558 12% OH&P $ 34,986.94 $ 1,158,045 Page 41 of 53 Exhibit C Schedule Page 42 of 53 tivity 11) Activity Nun City of Pearland, Texas Ong Ihtr Sart Finish TE 2015 C M moth listen. think. deliver. 2016 t)ir 1 Dec RclIection Bay Nater Reclamation Facility Package Plant 540 274an-15 i 19 101-16 n Project Administration Project:Milestones PA -G-0000 PA-LOE-01 PA -G-1000 PA-LOE-02 PA -SC -01 PA -SC -02 PA -(i-9999 Contract Award/NTP Project Duration Start Constmction Construction Duration Substantial Completion Phase 1 Substantial Completion Phase 11 Project Complete Performance.. I'a\ mend Bonds PA -PPB• 110 Provide Subcontractor Bond and CIO Design & Engineering DS -FD -100 DS -FD -210 DS -FD -220 DS -FD -200 Prepare Final Design Bid Package (WWTP Package) Prepare Final Design Design Rcvicw Meeting with Owner Final resign Complete Pre -Construction Project Schedule PR-SCII-100 Prepare & Submit Project Schcdulc PR-SCH-200 OWncr Rcvicw of Project Schedule Health & Safety Plan PR -HSP -I00 Permits Prepare & Submit Health & Safety Plan F:ucroach'tient Permit PT -ENP -100 PT -ENP -210 PT -TCP -210 Procurement Prepare & Submit Encrochment Plan Owner Rcvicw and Approval of Encroachment Plan Pre -Construction Meeting with Owner IID I't- Piping PR -ESP -100 PR -ESP -110 PR -ESP -120 Prcparc & Submit Shop Drawings - HDPE Piping DOR Rcvicw &Approvc Shop Drawings - HDPE Piping Fabricate - HDPE Piping 1111'7 l' Package Phase 1 PR-WTP-100 PR-WTP-200 PR-WTP-220 PR-WTP-240 Procure Subcontractor Agreement - WWTPPackage Prepare & Submit Shop Drawings - WWTPPackage DOR Rcvicw & Approve Shop Drawings - WWTP Package Fabncation - WWTP Package Phase I 540 227 -Jon -15 19-1uI-16 gar) _'.Jan -IS 0 540 0 447 0 0 0 10 57 24 33 0 25 27 -Jan -I5 27 -Jan -I 5 03 -Apr -I 5 03 -Apr -15 27 -Jan -15 2740n -I5 27 -Jan -15 20-Fcb-15 20 -Mar -I 5 10 -Feb -15 lu-Dui-Ih U 0 19 -Jul -16 0 0 27 0 18 0 22 -Jun -16 23 -Dee -15 22 -Jun -16 19 -Jul -I6 09 -Feb -15 24 -Mar -15 19 -Feb -15 24 -Mar -I 5 20 -Mar -1 5 24 -Mar -15 06 -Mar -15 30 0 0 0 4 0 61 10 -Feb -15 06-X1at-l5 e1 10 10 -Feb -1S 24 -Feb -15 43 10 25-Fcb-15 06 -Mar -I5 61 .0 -1c., -I S _4.I 10 10 -Feb -15 24 -Feb -15 51 16 10 -Feb -15 25 -Feb -15 36 16 ` 10 -Feb -15 •c-I.L-Ie 14 1 303 21 15 30 7 20 15 100 10 -Feb -15 12 -Feb -15 13 -Feb -15 20-Fcb-15 11 -Feb -15 25-Fcb-I 5 13 -Feb -15 19 -Dec -15 a,.l 5 _u -.\;,i • 20 -Feb -I 5 13 -Mar -15 28 -Mar -15 20 -Feb -I 5 27 -Feb -I 5 19 -Mar -15 03 -Apr -15 12 -Mar -15 27 -Mar -15 26 -Apr -I 5 26 -Feb -15 18 -Mar -15 02 -Apr -15 11 -Jul -15 25 36 33 75 Start Date: Finish Date: Page: 1 of 3 27 -Jan -15 19 -Jul -16 Actual Work • Remaining Work • IMM Critical Wutk Remain LOF. ♦ SMS Cttawl Sun Milestone ♦ FMS Critical Finast Milestone ._ Summary 10 10 10 Jan 1 Feb j Mar • • 01r 2 Qu 3 Dir 4 Qtr Apr 1 May I Jun I Jul 1 Aug I Sep Oct rNov I Dec Jan 1 e 1 Mar RcllcctionBayWater eclamationFacility Package Plant r2 Apr 1 May 1 Jaa ata Jul IAug 1Sep Oir 4 Project Administration Project Milestones Contract Award/NTT crfonnan :c =tart Construction 4r4fiubstanual Cnntplenon Phase I Payment Bondi Provide Suboontractor Bond and (10 Des Sn & Enl(ircenn I Pic3tac Fir al Design Bid Package (WWTP Package) Pre tare Final Design Design .Review Meeting with (Tuner Final Design Complete onstm :t on ed-tle pare & Submit Project Schedule Oucncr Rcvicw of Project Schedule Heal Safety 'tan Pnzrrc & Submit Health & Safety Plan emits c Innen( Permit Prepaid & Stbirtit Encrochment Plan Owner Review and Approval of Encroachment Plan Prc-Catsim :tion Meeting with Owner Procurement HD '1 Piping hepatic lt. Subnnt Shop Drawings - HDPE Piping DOR Review & Approve Shop Drawings - HDPE Piping Fabricate - HDPE Piping WWrb Package Phase 1 Pio urc $conlractorAgrecmcnl-i WWTP Package Prep irC & Submit Shop Drawings - WWTP Package Mit Review & Approvc Shop Drawings - WWTP Packt gc ..4•10111=1111 Fabncation - WWTP Package Plane I 'roject Duration aonstruction Duration LaiWuhstahtial Completion Phase M°ruject Complete Reflection Bay Water Reclamation Facility Package Plant Proposal Schedule Pape 43 o153 ,v' _ ,," City of Pearland, Texas CDM. Smuth listen. think. deliver. livity ID Activity Nana Clog Dur Start Finish J F 2015 2016 On I Qv 2 Qtr tQtr 4 Uu I Q r 2 Qtr 1 Qu 4 Dec Jan 1 Feb I .liar A r 1 May 1 Jun Jul Aug' Sep Oct Ij v I Dec Jan 1 Feb J Mar Apt 1 May 1 Jun Jul Aug 1 Sep net Fr PR-WTP-260 fainting and Delivery - W Wi PPackage Phase 1 30 12-Jul-I5 10-Aug-15 1 Painting and Delivery 0.0.11'PackagePhaseII _ P'rinting.and - is t Package Phase - WWTPPackagc my - Hiram cal Screen cchanical I Phase!! Delivery - WWTP Package PI Package Screen • ase 11 \\'\11'I'Package Phase11 PR-WTP-250 Fabrication - WWTPPackage Phase I1 100 12-Aug-I5 19-Nov-I5 75 PR-WrP-270 Painting and Delivery - WWTPPackage Phase 11 30 20-Nov-15 19-Dec-l5 75 Fatrrcanon Filters Package Filters Package d_ �_ Prepare & Submi Shop Drawings - FiltersPackage DOR Revicw&ApproveShopDrawings- FlienPackage bell PR-FTR-300 Prepare & Submit Shop Drawings -Filters Package 42 27-Mar-15 07-May-15 23 PR-FTR-310 DOR Rcvicw&Approvc Shop Drawings - Filters Packagc 15 08-May-15 22-May-I 5 23 PR-FCR-320 Fabncation and Delivery - Filters Package 120 23-May-15 19-Sep-15 23 -Mechanical Screen • J Fabrication and Mechanical SCITC11 ..� 1� .�.r...•... _ Prepare & Saran Shop F rawrngs [X)R Review & Appmve Shop Fat - Mechanical Sween Drawings - Mc•han Dclieen PR-ITR-330 Prepare & Submit Shop Drawings - Mechanical Screen 30 27-Mar-15 25-Apr-15 75 PR-FCR-340 DOR Review&Approve Shop Drawings - Mechanical Screen 15 26-Apr-15 10-May-15 75 PR-ITR-350 Fabrication and Delivery - Mechanical Screen 100 11-May-l5 18-Aug-15 75 rication and Const met so Construction 447 03-Apr-15 22-Jun-16 0 11 Oral it recti Work 1. (,etlertli :4 1 03-:\pr-15 06-0iay-I` Pt SA 0Utilities -Erin re-Construction Video :Set-up laydown Arc Set-up Temporary (. L t-up Temporary Pt t.a Potholing- EntireSile Suryeying - Entitt Yard Piping ire rid Temporary structaon ver Zile Access Road Trailers and Sanit C-UGU-I 10 USAUGUtilities- EntireSite 1 03-Apr-I5 03-Apr-15 0 C-UGU-130 Pre-Construction Video 1 06-Apr-15 06-Apr-15 0 C-MOB-100 Set-up Laydown Area and Temporary Access Road 10 07-Apr-I 5 20-Apr-15 0 C-MOB-200 Set-up Temporary Construction Trailers and Sanitary 5 2I-Apr-15 27-Apr-15 0 C .MOB-210 Set-up Temporary Power 5 21-.Apr-I5 27-Apr-15 0 C-UGU-I20 Potholing -Entire Site 7 28-Apr-IS 06-May-15 0 C-SRV-I00 Surveying - Entire Site 7 28-Apr-15 06-May-I 5 0 Yard Piping :. 07-Ma>-I2 2:-1rJ-: 2 0 20" HDPE from Headworks to Splitter Box 15 07-May-15 28-May-15 0 CN-YP-550 F.xcavatc/Install/Backfill 15 07-May-I 5 28-May-15 0 42" HDPE from SBR to UV Bldg 4 29-May-15 03-Jun-15 0 CN-YP-510 Excavatc/Install/Backfill 4 29-May-I 5 03-Jun-15 n Connection to Exist. 42" Line (Hot Tap) 24 07-May-15 I0-Jun-15 0 CN-YP-515 Install Dewatering 3 07-May-15 11-May-15 1 CN-YP-518 Initial Drawdown and Dcwalcr 15 12-May-15 02-Jun-15 1 CN-YP-520 Excavate/Install/Backlill 5 04-Jun-15 I0-Jun-15 0 20" HDPE fro 42" 11 Connection eadworks10 Splitiee Excavateilnrti • m SRR to UV Bldg Excavate/in t t. 42" Line (Ilot 3nx IliBncl all/Backfill Tap) fill 30" Connection 42" ata - ' ,m HDPE lio 1 Dcwatcrirg Initial Dtav Excavate SBR to Conner Temp AS Mbdif.ationt.tHeadwork diwn lastalUB New ian Filter ExsvatcflnstalliBackfill L tie Litcavato/Install/Backfill and Temp Filters to 42" Dcwatcr ick fill me nstall Mechanical St Modification of Concreac 30" Connection from SBR to New Temp Filters 6 11-Jun-15 18-Jun-15 0 CN-YP-500 Connection 6 1I-Jun-15 I0-Jun-]5 11 42" HDPE from Temp Fater to 42" Line 15 19-Jun-15 10-Jul-15 0 CN-YP-530 Excavate/Install/Backtill 15 19-Jun-I5 10-Jul-15 0 WAS Line 10 13-Jul-15 24-Ju1-15 0 CN-YP-54(1 Excavate/lnstalUBackfill 10 13-Jul-IS 24-Jul-15 0 Motlilication to Heatluorl: 19•Aug-I2 09-Sep-15 CN-HW-780 Install Mechanical Screen 10 19-Aug-15 01-Scp-15 51 CN-HW-790 Modification orConcreteWork 5 02-Sep-15 09-Sep-IS 51 Stan Date: 27-Jan-15 Finish Date: 19-Jul-16 Page: 2 of 3 Reflection Bay Water Reclamation Facility Package Plant Proposal Schedule Actual wbrk Remain l.Or: • SMS Critical • Remaining Work Start Milestone ♦ FMS Critical Critical Work A Finish Milestone •••••91 Summary Page 44 of 53 Activity Nano City of Pearland, Texas CN -SW -600 CN -SW -620 CN -PP -700 CN -PP -740 CN -PM -740 CN -FR -770 CL -WH -999 CN -PP -710 CN-SCPI -760 Install W WTP Phase I - Foundation Inwoll WWTP Phase 1 Concrete Pads Installation of Phase 1 Installation of Electrical System Phase I Install Piping Phase I Install Filter Package Equipment Commissioning Checkout & Mfg Cenilication Testing of Phase! Substantial Completion Phase I Oi,g Stan Fnit Dui TP c M myth listen. think dellvtr. 2016 2 0103 D ee Jan 1 May 1 Jun 5 27 -Jul -15 31-1ul-15 7 03 -Aug -15 I1 -Aug -15 40 12 -Aug -15 20Sep-15 47 12 -Aug -15 19 -Oct -I5 20 21 -Sep -I5 19.Oct-IS 5 21-Scp-15 25Sep-IS 24 20 -Oct -15 23 -Nov -15 30 24 -Nov -I5 23 -Dec -I5 O 23 -Dec -15 0 0 0 0 15 0 0 Demolition of:\H\\ Hite' -15 ! OR.I. CN -DM -760 Demolition of ABW Filter 30 24 -Dec -I5 0R -Feb -16 %%11 TP I'achaic Phase 11 CN -PP -715 CN -PP -725 CN -PP -735 CN -PP -720 CN -PP -750 CN -PM -750 CL-WII-1009 CN -PP -730 CN-SCP2-760 Closeout CL-S(JB-500 CL-INSP-200 CL-INSP-210 CL -MOB -900 CL -SUB -900 Rc-Muhlh/a1Wn Backfill and Subgmde Prep (ABW Filter) Instals WWTP Phase 11 -Foundation Installation of Phase 11 Installation ofElectncal System Phasc II Install Piping Phase II Equipment Commissioning Checkout & Mfg Certification Testing of Phase 11 Substantial Completion Phase 11 Prepare & Submit As -But Its Drawings & W'amniies Conduct Final Inspection Punchliw Demobilization CDM Smith Project Closeout Stan Date: Finish Date: Page: 3 of 3 27 -Jan -15 19 -Jul -16 5 09 -Feb -16 16-Fcb-16 0 7 17 -Feb -16 25 -Feb -I6 0 5 26-Fcb-16 03 -Mar -16 0 40 04 -Mar -16 12 -Apr -16 0 45 04 -Mar -16 I0 -May -l6 0 20 13 -Apr -16 10 -May -16 0 9 II -May -16 23 -May -16 0 30 24 -May -16 22 -Jun -16 0 O 22 -Jun -16 0 26 I3 -Jun -16 19 -Jul -16 0 10 13 -Jun -16 24 -Jun -16 6 1 23 -Jun -16 23 -Jun -16 0 5 24 -Jun -16 30 -Jun -16 0 2 01 -Jul -16 05 -Jul -16 0 10 06 -Jul -16 19 -Jul -16 0 Actual Wink • Remaining Work • Critical think • Remain 1.OF ♦ SMS Critical Sian Mueuone ♦ FMS Critical A Fuush MJeaone I/gff► Sunarmry 101 S Install Inst Oct v I Dec ckagePhasc prf 2 Qu d Jan 3 Feb 1 Mar Apr 1 1Sae ug I sq, kt 'WTP Phase E- Fountain n 1 W WTP Phase I - Count c Pads 1,,t,illatiap of Planet nsaallatio i of;Ievtrical System Phase I n. 11 Pip ng Ihasc I I ❑tall Ft ter Pat kagi Equipment Comni sawmng Checkout & Mfg Ct nific eating of Fjtase 1 +i,4ubstanlial Completion Phase 1 Demolition ofABW?Filter [;emol,tion of ABW Filler W W -IP Package Phase 11 IRe-Mobilization Backfill and Subgradc Pre) IAB Instal I W WTP Phase 11- Pun Installation of Plase initiation of stall Piping 'Equipment ton Filter) ton ectncal System Phase sell mmissioning Chcckoi of Phase 11 tial Completion Phase & Submit As-BuiIts 1, t Final Inspection list bdization DM Smith Project Cle Reflection Bay Water Reclamation Facility Package Plant Proposal Schedule Papa 450153 77 77 17 0 e s+ 61 .'8 SW-/ 4, ! f: \ 4x1 1.4 - NPW CHEMICAL FEED/ ELECTRICAL BUILDMG NPW STORAGE TANK NPW PUMPS e e N9624'42T 857.00' a' wr6-0 E D. 56.00 BELT PRESS FEED PUMP STATION AERATED SLUDGE NO' -DWG TANK NO 2 AERATED SLUDGE MOLDING TANK 240 1 - - (2) a' WAS -01 1 Et 56.00 e 2401E 1 4 CAPPED LINES 84 TN15 AREA 10' AND 12' a El 51.00-5200 AN0 1e' Q EL 5550 -5100 - INFLUENT PENT STATION ELECTRICAL WADING t(NrfRPIM+r In• I'?R.r1 f 4RT 000 " MY'(1S (5(1 E1 pow E EL 40.00 EATERS 0 0 MI! ,6-.11 Ku PRESSES) (NEW PUMPS) Oad. 4186 10MAS-p T • L 24 1.1-1>I " 24'NL-0 10' xx0 5- 0. * AS -D II NN Ila SEQUENCING BATCH REACTORS 0' MIS -P 24. 1S.- N06 NO 5 NO 4 NO3 /14' 01 L 10 MAS BEOI.EMCIS. • — 8470i REAC700 rleg eVcarREaTE4G 4 BAGKf:OW PREKVI(R PAD ( i X#MR YAD 00' 4(f(S5 (SN'r/ 6 • /W1/// / —50' R5 -DI a EL 52.75 24' 145-5 1 R 52.10 e' RS -D E El 52.20 HEADWORK c. c" " E. (4) (EVTURE) 5r \ JJ �._.._--._ �sBTC _ \ W FACILITY e r^�atr«rE'-1 t e t e5ea'SI'aeY 8,846', 20 wA1CR AW1 10' ...Am Miry 45440 Woo cmr(44-8 x 9400.50 s V1 Gaff 0 5traB art No.81.01 4044 Smith ----52 MO Mo.. �a.1„ x1/w.YN7ltxq CITY OF PEARLAND. TEXAS REFLECTION BAY WATER RECLAMATION FACILITY EXPANSION PROJECT 212. 3(24(0 C 55 F.4'r ( 1 0.20'4;'19' .20 4.208 75 • CB -507!0')511 CO -20;64• - (NP Of 01EN• 52070 .1240 ACC/55 (5M1 200 40 SCALE M ELFT 1.0 MGD Package Plant Infrastructure EXHIBIT D PLANT SITE LAYOUT nay O 10 KMVOOS&Or OCOM walk ounporr OrM 0e44 418-04 1.1.• x ri..s op: 10 olio too COt5MKr.o. xaS[24dM w Pagoct 440 6Mq-mass (0062006 0.0 EXHIBIT D *w Exhibit E City of Pearland — Incorporated Items • SECTION 00610 - PERFORMANCE BOND (completed within 10 days of contract execution) • SECTION 00611 - PAYMENT BOND (completed within 10 days of contract execution) • SECTION 00615 - PARTIAL WAIVER OF LIEN (completed with each monthly pay application) Iflth Pepe 47 of 53 CITY OF PEARLAND PERFORMANCE BOND Section 00610 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That of the City of , County of , and State of Texas, as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of $ for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the day of , 20_, (the "Contract") to commence and complete the construction of certain improvements described as follows: Reflection Bay Water Reclamation Facility Package Plant Expansion [Project limits] City of Pearland, Texas COP PN: [X##### (Obtain from City Project Manager)] BID NO.: [??-??? Obtain from City Purchasing Officer)] which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 12/2007 00610 - 1 of 2 Page 48 of 53 CITY OF PEARLAND PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 20 . Principal: Surety: By: By: Title: Title: Address: Address: Telephone: Telephone: Fax: Fax: NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 12/2007 00610 - 2 of 2 Page 49 of 53 CITY OF PEARLAND PAYMENT BOND Section 00611 PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That of the City of , County of , and State of Texas, as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of $ for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the day of , 20_, (the "Contract") to commence and complete the construction of certain improvements described as follows: Reflection Bay Water Reclamation Facility Package Plant Expansion [Project limits] City of Pearland, Texas COP PN: [X##### (Obtain from City Project Manager)] BID NO.: [??-??? (Obtain from City Purchasing Officer)] which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said Contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 07/2006 00611 - 1 of 2 Page 50 of 53 CITY OF PEARLAND PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 20_ Principal: Surety: By: By: Title: Title: Address: Address: Telephone: Telephone: Fax: Fax: NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 00611 - 2 of 2 Page 51 of 53 CITY OF PEARLAND PARTIAL WAIVER OF LIEN Section 00615 PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT The undersigned contracted with City of Pearland to furnish in connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: In consideration of Pay Estimate No. in the amount of $ the undersigned, on oath, states that all persons and firms who supplied labor and materials to the undersigned in connection with said Project will be fully paid within 30 days of the date of this document by the undersigned for such work through In consideration of the payment herewith made, the undersigned does fully and finally release and hold harmless the City of Pearland and its surety, if any, through the above date from any and all claims, liens, or right to claim or lien, arising out of this Project under any applicable bond, law or statue. It is understood that this affidavit is submitted to induce payment of the above sum and for use by the City of Pearland in assuring the Owner and others that all liens and claims relating to the said Project furnished by the undersigned are paid. State of County of Subscribed and sworn to, before me, this My Commission Expires: Signature Printed Name & Title Company Name day of , 20 Notary Public 5-12-12 Page 52 of 53 Exhibit F Insurance Certificates (to be provided within 10 days of contract execution) illith Page 53 of 53