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Ordinance No. 13,033ORDINANCE NO. 13 ,033 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS , APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND KIT PROFESSIONALS, INC., FOR THE BAWA SEDIMENTATION BASINS 1-3 RE-RATING EVALUATION PROJECT IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND AND N0/100 DOLLARS ($30 ,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas , hereby approves the Professional Services Agreement between the Baytown Area Water Authority and KIT Professionals , Inc., for the BAWA Sedimentation Basins 1-3 Re-Rating Evaluation Project in an amount not to exceed THIRTY THOUSAND AND N0/100 DOLLARS ($30,000.00). A copy of such agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes . Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. / INTRODUCED , READ and PASSED by the affirmaf. e 1vote of the City Council of the City of Baytown this the 16th day of November, 2015 . s APPROVED AS TO FORM : R :\Karen\Fi les\City Council\Ordina nces\2 0 15\November 16\Approve BA W AKIT A greem ent.doc Exhibit "A" AGREEMENT FOR PROFESSIONAL SERVICES STATE OF TEXAS COUNTY OF HARRIS § § § This Agreement for Professional Services (this "Agreement") entered into by and between KIT Professionals, Inc., (hereinafter the "Professional") and the Baytown Area Water Authority, located in Harris and Chambers Counties, Texas ("BA W A"). 1. Scope of Services/Professional Fees This Agreement auth ~· e P o.fi ional to perform engineering services for the BA W A Sedimentation Basis 1-7-ing Evaluation Project (the "Work") for and on behalf of BAWA. The compensation for Pro essional shall not exceed THIRTY THOUSAND AND N0/100 DOLLARS ($30,000.00) and shall be on the basis described in Exhibit "A." The time schedules for the Work are attached as Exhibit "B." The scope of the work is as denoted in Exhibit "C." Each of these Exhibits "A" through "C" is incorporated into this Agreement by reference for all purposes. 2. Progress Reports Professional shall provide written progress reports to BA W A regarding the Work and oral reports as requested. Such progress report shall identify the projected time and cost required by the Professional to complete the remaining phases of the Work required under this Agreement. 3. Personnel of the Professional a. Professional's Project Manager Professional shall designate Trent Slovak, P .E., to serve as Project Manager for the Work performed under this Agreement. Any change of Project Manager shall require thirty days' advance written approval from BA W A's Representative. b . Licensed and Registered Engineers Professional shall keep a full-time registered engineer licensed in the state of Texas on staff and assigned to the Work for the duration of its performance of the Work. c. Data on Professional's Employees Prior to commencement of the Work, Professional shall forward to BA W A a detailed resume of the personnel that will be assigned to the Work. Such personnel shall include, but not be limited to, engineers. d. Rejection of Professional's Employees BAWA reserves the right to approve or reject from the Work any employees of the Professional. 4. Designation and Duties of BA W A's Representative a. BA W A's Director of Engineering or his designee shall act as BA W A's Representative. b. BA W A's Representative shall use his best efforts to provide nonconfidential BA W A records for Professional's usage on the Work and to provide access to BA W A's property and easements. However, BA W A does not guarantee the accuracy or correctness of the documents so provided. Nothing contained herein shall be construed to require BA W A to provide such records in any certain format. The format in which the existing data and documentation will be provided shall be at the sole discretion of BA W A. 5. Standards of Performance a. The Professional shall perform all services under this Agreement with the care and skill ordinarily used by members of Professional's profession practicing under the same or similar circumstances, time and locality. Professional shall be responsible for the technical accuracy of its services and documents resulting therefrom, and BA W A shall not be responsible for discovering deficiencies therein. Professional shall correct such deficiencies without additional compensation. b. Codes and Standards (1) All references to codes, standards, environmental regulations and/or material specifications shall be to the latest revision, including all effective supplements or addenda thereto, as of the date that the order for any necessary equipment is made by BA W A or that the construction specified is bid byBAWA. (2) If any such equipment is specially manufactured, it shall be identified to BA W A, and the Contractor and the Seller shall present sufficient data to BA W A to support the design and the suitability of the equipment. (3) All materials furnished on any BAWA project shall be in accordance with ASTM, ACI, TxDOT, and AASHTO specifications, and with other recognized standards. Proprietary material or other materials for which no generally recognized standards exist may be used provided there has been at least five years of proven experience in the field, and such satisfactory documentation has been approved by BA W A's Representative. ( 4) The Work shall be designed and furnished in accordance with the most current codes and/or standards adopted by city, state, or federal government or in general custom and usage by the profession. ~----------------------------------------- ( 5) The codes and standards used in the profession set forth mtmmum requirements. These may be exceeded by the Contractor or the Professional if superior methods are available for successful operation of equipment and/or for the construction project on which the Work is performed. Any alternative codes or regulations used shall have requirements that are equivalent or better than those in the above listed codes and regulations. The Professional shall state the alternative codes and regulations used. ( 6) Professional agrees the services it provides as an experienced and qualified engineer will reflect the professional standards, procedures and performances common in the industry for this project. Professional further agrees that any analysis, reports, preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel and the performance of other services under this contract will be pursuant to the standard of performance common in the profession. (7) Professional shall promptly correct any defective analysis caused by Professional at no cost to BA W A. BA W A's approval, acceptance, use of or payment for all or any part of Professional's services hereunder or of the Work itself shall in no way alter Professional's obligations or BA W A's rights under this Agreement. As applicable, Professional shall provide BA W A with record "as-built" drawings relating to the work, in an electronic format that is acceptable to BA W A. BA W A shall be in receipt of record drawings, if applicable, prior to fmal payment. 6. Schedule Professional shall not proceed with the Work or any stage thereof until written notice to proceed is provided by BA W A's Representative. 7. Instruments of Service Upon execution of this Agreement, Professional grants to BA W A an ownership interest in the Instruments of Service. Professional shall obtain similar interests from BA W A and Professional's consultants consistent with this Agreement. As noted in Articles 5 & 11, Professional shall be required to tender to BA W A all Instruments of Service. With such ownership interest, it is expressly understood by the parties hereto that BA W A may use the Instruments of Service for any purposes which BA W A sees fit, including, but not limited to, subsequent construction, reconstruction, alteration, and/or repairs of the Work. As a condition to BAWA's use of the Instruments of Service, BA W A hereby expressly agrees to remove Professional's name and all references to Professional and its consultants from the Documents. Provided that this Agreement is not terminated for cause by BA W A, BA W A shall release any and all claims which BA W A could make arising out of or in connection with any reuse of the documents by BA W A. 8. Insurance Professional shall procure and maintain at its sole cost and expense for the duration of the Agreement, insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of the Work hereunder by Professional, its agents , representatives , volunteers, employees or subconsultants . a. Professional's insurance coverage shall be primary insurance with respect to BA W A, its officials, employees and agents. Any insurance or self-insurance maintained by BA W A, its officials, employees or agents shall be considered in excess of Professional's insurance and shall not contribute to it. Further, Professional shall include all subconsultants, agents and assigns as additional insureds under its policy or shall furnish separate certificates and endorsements for each such person or entity. All coverages for subconsultants and assigns shall be subject to all of the requirements stated herein. The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: 1. Commercial General Liability • General Aggregate: $2,000,000 • Products & Completed Operations Aggregate: $2,000,000 • Personal & Advertising Injury: $1,000,000 • Per Occurrence: $1,000,000 • Fire Damage $500,000 • Coverage shall be broad form CGL. • No coverage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance. • Waiver of Subrogation required. 2 . Business Automobile Policy • Combined Single Limits: $1,000,000 • Coverage for ''Any Auto " • Waiver of Subrogation required. 3 . Errors and Omissions • Limit: $1,000,000 for this project. • For all architects, engineers, and/or design companies • Claims-made form is acceptable • Coverage will be in force for one (1) year after completion of the Work. 4 . Workers' Compensation • Statutory Limits • Employer's Liability $1,000,000 • Waiver of Subrogation required . b. The following shall be applicable to all policies of insurance required herein. 1. Insurance carrier for all liability policies must have an A.M. Best Rating ofB+:VIII or better. 2. Only insurance carriers licensed and admitted to do business in the State . of Texas will be accepted. 3. Liability policies must be on occurrence form. Errors and Omissions can be on claims-made form. 4 . Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to BA W A. 5 . BA WA, its officers, agents and employees are to be added as Additional Insureds to all liability policies, with the exception of the Workers Compensation and Errors and Omissions Policies required herein. 6. Upon request and without cost to BA W A, certified copies of all insurance polices and/or certificates of insurance shall be furnished to BA W A. 7. Upon request and without cost to BA W A, loss runs (claims listing) of any and/or all insurance coverages shall be furnished to BA W A. 8. All insurance required herein shall be secured and maintained in a company or companies satisfactory to BA W A, and shall be carried in the name of Professional. Professional shall provide copies of insurance policies and endorsements required hereunder to BA W A on or before the effective date of this Agreement. 9. Indemnification and Release PROFESSIONAL AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND BA WA, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREAFTER REFERRED TO AS "BA W A") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR DAMAGES TO ANY PERSONS OR PROPERTY TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY PROFESSIONAL OR PROFESSIONAL'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH PROFESSIONAL EXERCISES CONTROL (COLLECTIVELY PROFESSIONAL'S PARTIES). IT IS THE EXPRESSED INTENTION OF THE PAR IES HERETO, BOTH PROFESSIONAL AND BAWA, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY PROFESSIONAL TO INDEMNIFY AND PROTECT BA WA FROM THE CONSEQUENCES OF PROFESSIONAL'S PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE AS WELL AS PROFESSIONAL'S PARTIES' INTENTIONAL TORTS, INTELLECTUAL PROPERTY INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM TilE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF ANY PERSON OTHER THAN PROFESSIONAL'S PARTIES. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST BA WA FROM WHICH BA WA IS INDEMNIFIED, PROFESSIONAL FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO BA WA. THE INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS AGREEMENT. By this Agreement, BA W A does not consent to litigation or suit, and BA W A hereby expressly revokes any consent to litigation that it may have granted by the terms of this Contract or any other contract or agreement, any charter, or applicable state law. Nothing herein shall be construed so as to limit or waive BAWA's sovereign immunity. Professional assumes full responsibility for its work performed hereunder and hereby releases, relinquishes and discharges BA W A, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with Professional's work to be performed hereunder. This release shall apply with respect to Professional's work regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. 10. Subcontractors and Subconsultants Professional shall receive written approval of BA W A's Representative prior to the use of any subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or subcontractors shall be given to BA W A before execution of such contracts. 11. Termination of Professional BA W A, besides all other rights or remedies it may have, shall have the right to terminate this Agreement without cause upon ten (10) days' written notice from BAWA's General Manager to Professional of BA W A's election to do so. Furthermore, BA W A may immediately and without notice terminate this Agreement if Professional breaches this Agreement. A breach of this Agreement shall include, but not be limited to, the following: (a) failing to pay insurance premiums, liens, claims or other charges; (b) failing to pay any payments due BA W A, state, or federal government from Professional or its principals, including, but not limited to, any taxes, fees, assessments, liens, or any payments identified in this Agreement; (c) the institution of voluntary or involuntary bankruptcy proceeding against Professional; (d) the dissolution of Professional; (e) refusing or failing to prosecute the Work or any separable part, with the diligence that will ensure its completion within the time specified in this Agreement; (f) failing to complete work wthin the time period specified in this Agreement; and/or (g) the violation of any provision of this Agreement. Upon delivery of any notice of termination required herein, Professional shall discontinue all services in connection with the performance of the Agreement. Within ten (10) days after receipt of the notice of termination, Professional shall submit a final statement showing in detail the services satisfactorily performed and accepted and all other appropriate documentation required herein for payment of services. At the same time that the final statement is tendered to BA W A, Professional shall also tender all of Professional's work product, whether complete or not, in an acceptable form and format to BA W A's Representative. No fmal payment will be made until all work product is so tendered. If this Agreement is terminated for cause, Professional shall be liable for any damage to BA W A resulting therefrom. This liability includes any increased costs incurred by BA W A in completing Professional's work. The rights and remedies of BA W A in this section are in addition to any other rights and remedies provided by law or under this Agreement. 12. Records Within ten days of BA W A's request and at no cost to BA W A, BA W A will be entitled to review and receive a copy of all documents that indicate work on the project that is subject to this Agreement. 13 . Supervision of Professional Professional is an independent contractor and BA W A neither reserves nor possesses any right to control the details of the Work performed by Professional under the terms of this Agreement. 14. Billing BA W A shall have thirty (30) days to pay Professional's bills from the date of receipt of such bills. All bills must identify with specificity the work or services performed and the date( s) of such work or services . In the event of a disputed or contested invoice, the parties understand and agree that BA W A may withhold the portion so contested, but the undisputed portion will be paid. The Professional shall invoice BA W A for work performed no more than once a month. 15. Reputation in the Community Professional shall retain a high reputation in the community for providing professional engineering and testing services. Professional shall forward a copy of any current petition or complaint in any court of law which (a) asserts a claim for $50,000 or more for errors or omissions in providing engineering services and/or (b) seeks to deny the Professional the right to practice engineering services or to perform any other services in the state of Texas. 16. Payroll and Basic Records a. Professional shall maintain payrolls and basic payroll records during the course of the work performed under this Agreement and shall preserve them for a period of three years from the completion of the work called for under this Agreement for all personnel working on such work. Such records shall contain the name and address of each such employee, social security number, correct classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions made and actual wages paid. b. Professional shall make the records required to be maintained under the preceding subsection (a) of this section available at no cost to BAWA for inspection, copying or transcription or its authorized representatives within fifteen days of BA W A's request therefor. Professional shall permit such representatives to interview Professional's employees during working hours on the job. 17. Governing Law This Agreement has been made under and shall be governed by the laws of the state of Texas. The parties further agree that performance and all matters related thereto shall be in Harris County, Texas. 18. Notices Unless otherwise provided in this Agreement, any notice provided for or permitted to be given must be in writing and delivered in person or by depositing same in the United States mail, postpaid and registered or certified, and addressed to the party to be notified, with return receipt requested , or by delivering the same to an officer of such party. Notice deposited in the mail as described above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of three (3) days after it is so deposited. For the purpose of notice, the addresses of the parties shall be as follows unless properly changed as provided for herein below: ForBAWA: BAYTOWN AREA WATER AUTHORITY Attn: General Manager P. 0. Box424 Baytown, Texas 77522-0424 F~:281-420-6586 For the Professional : KIT PROFESSIONALS, INC. 2000 West Sam Houston Pkwy South, Suite 1400 Houston, Texas 77042 F~: 713-783 -8747 Each party shall have the right from time to time at any time to change its respective address and each shall have the right to specify a new address, provided that at least fifteen (15) days' written notice is given of such new address to the other party. 19. No Third Party Beneficiary This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit Professional and BA W A only. 20. No Right to Arbitration Notwithstanding anything to the contrary contained in this Agreement, BA W A and Professional hereby agree that no claim or dispute between BA W A and Professional arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S .C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that BA W A is subjected to an arbitration proceeding notwithstanding this provision, Professional consents to be joined in the arbitration proceeding if Professional's presence is required or requested by BA W A of complete relief to be recorded in the arbitration proceeding. 21. Waiver No waiver by either party to this Agreement of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 22. Complete Agreement This Agreement represents the entire and integrated agreement between BA W A and Professional in regard to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either whether written or oral, on the subject matter hereof. This Agreement may only be amended by written instrument approved and executed by both of the parties. BA W A and Professional accept and agree to these terms. 23. No Assignment Professional may not sell or assign all or part interest in this Agreement to another party or parties without the prior express written approval of BAWA's General Manager of such sale or assignment. BA W A may require any records or fmancial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of BA W A. 24. Headings The headings used in this Agreement are for general reference only and do not have special significance. 25. Severability All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 26. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 27. Authority The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the _ day of 2015, the date of execution by BA W A's General Manager. BAYTOWN AREA WATER AUTHORITY RICHARD L. DAVIS, General Manager ATTEST : LETICIA BRYSCH, Assistant Secretary APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., General Counsel STATE OF TEXAS § § COUNTY OF HARRIS § KIT PROFESSIONALS, INC . ~~ ..,..-~ V .& IC--- (Printed Name) ~'bC v.G.4. {Title) Before me pn_ thi s day pers na ll y appeared \YeM t 5lo \ta.{L , in his/her capacity as ';:.?Vt'yy (i(" V, L(.., Pft-Sf' J.h;,. t of KIT Professionals, Inc., on behalf of such corporation, __ known to me; __ proved to me on the oath of · or ~ proved to me through his/her current __,P~l-;;.;._ ____________ _ (check one) {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person} to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Notary Public in and for · R:\Karen\Files\Engineering\Engineering Agreements\KIT Professionals\BA WA SWfP Sed Basin I 2 3\Agreement.doc EXHIBIT A COMPENSATION Services of Professional required under this Agreement shall not exceed THIRTY THOUSAND AND N0/100 DOLLARS ($30,000.00) based upon the rate schedule, which is attached hereto and incorporated herein as Appendix I to this exhibit, and shall not exceed the following for any task of the project: Invoices will be prepared in accordance with BAWA's standard processing practices and will be submitted to BA W A monthly via mail or email by the Professional. The Professional shall supply detailed back-up information along with each invoice in order for BA W A to effectively evaluate the fees and charges. The amount billed in each invoice will be calculated in accordance with the above-referenced rate schedule. Invoices shall be received by BA W A not later than sixty ( 60) days from the date the Professional and/or its subconsultants perform the services or incur the expense. Failure by the Professional to comply with the requirements herein in a timely manner with this requirement shall result in the Professional's request for payment being denied and the Professional waives any right to receive payment for invoices not timely submitted. Additional Services Professional will perform additional services, if any, at a price agreed upon by the parties in writing prior to the performance of such services. BA W A shall not be responsible or liable for any additional services performed by the Professional unless such additional services have been approved in writing prior to the performance of the same. APPENDIX 1 TO EXHIBIT A RATE SCHEDULE Staff at gory H urly Rate Princ ipal .......................................................... $240.00 Project Manager .............................................. $216.00 Project Engineer .............................................. $135.00 Biller/ Admin. Assistant .................................... $ 69 .00 EXHIBITB SCHEDULE OF WORK The Professional shall perform all of the services required herein and submit the draft Sedimentation Basins Re-rating Pilot Study Report and the draft Updated CT Study Report within eighty (80) calendar days of receipt of a written notice to proceed issued by BA W A. The Professional shall submit the final Sedimentation Basins Re- rating Pilot Study Report and the final Updated CT Study Report within ten (10) days after receipt of comments from BA W A on the same. A. Generally: EX HIBIT C SCOPE OF WORK The Baytown Area Water Authority (BA WA) Fritz Lanham Surface Water Treatment Plant (SWTP) has a design capacity of 26 million gallons per day (MOD) per the basis of design of the most recent plant expansion. However, this rated capacity assumes that the sedimentation basins 1-3 are operated at a surface overflow rate (SOR) of 0.9 gallons per minute per square foot (gpm/sf). The Texas Commission on Environmental Quality (TCEQ) requires that basins for straight-flow or up-flow sedimentation of coagulated waters shall provide either a theoretical detention time of at least six hours in the flocculation and sedimentation chambers or a maximum surface overflow rate of 0.6 gprnlsf of surface area in the sedimentation chamber, when operated at their design capacity (§290.42(d)(10)(C)(i)). The sedimentation basins 1-3 have to be re-rated from 0.6 gprnlsf to 0.9 gprnlsf for maintaining the plant rated capacity of 26 MOD. Re-rating the sedimentation basins requires approval by the TCEQ and must be performed per the agency's specific protocol. The Professional shall provide BA W A professional engineering services outlined in the scope of services below, to perform a re-rating study, and assist BA WAin obtaining TCEQ approval for higher SOR for the sedimentation basins 1-3. B. Basic Services: The scope of services will include tasks required to perform the re-rating study tasks and to provide a technical memorandum as a deliverable. Task 1 -Data Collection and Review Professional will coordinate a project kickoff meeting to confmn the scope, schedule and deliverables. Prior to the kickoff meeting, Professional will prepare and submit a data/information needs list to BA W A. Deliverables: ~ Data needs list. ~ Kick-off meeting minutes. Ta k 2 -Prepa ration f edimentat ion Basin Re-rating Pilot tudy P lan Professional will prepare a Sedimentation Basins Re-rating Pilot Study Test Plan. The test plan will describe the number of pre-treatment systems and sedimentation basins that would be operated at the desired SOR and it will include: ~ TCEQ requirements for re-rating of the sedimentation basins, );;> Process and water quality monitoring parameters and their monitoring frequency, ~ Log sheets to collect and record the field and online monitoring data, ~ Quality assurance and quality control protocols, and ~ Roles and responsibilities for BA W A and PROFESSIONAL staff. Professional will coordinate a workshop to review the draft pilot test plan with BA W A staff and address comments/questions related to the test protocols. Professional will finalize and submit the signed and sealed pilot test plan to TCEQ after addressing comments from BA W A. Professional will coordinate a conference call with TCEQ to confmn that the proposed testing and monitoring will meet TCEQ requirements for re-rating of the sedimentation basins. Deliverables: ~ Sedimentation Basins Re-rating Pilot Study Plan. ~ Templates or logs to document operations and water quality data. ~ Test plan review workshop minutes. ask 3 -onduct edimentation Ba in Re-rating Pilot · tudy With BA W A staff assistance, Professional will conduct a trial run of the candidate sedimentation basin(s) and pretreatment units to confirm ability to operate at the higher SOR. Based on the findings of the trial run, Professional in discussions with BA W A, will establish the conditions and timeline for the 30-day full-scale pilot study. Professional will provide the necessary oversight and support during the 30-day test period. Scope assumes that the BA W A staff will collect the necessary operations and water quality data per the test plan. BA W A will provide the test data to Professional on a periodic basis. Professional will review, analyze, and summarize the data to include in the test report. Deliverables : ~ Interim summary tables/plots of test results for discussion purposes. Professional will prepare a request to TCEQ on behalf of BA W A for a higher capacity rating of the SWTP sedimentation basins based on results from the pilot testing. This request will include a summary of the test results, any pertinent capacity information of processes impacted from high rating of the sedimentation basins, and a revised disinfection CT study that supports the re-rating. Professional will submit the draft request to BA W A for review and schedule a meeting to obtain comments. Professional will finalize the request after addressing comments from BA W A and submit signed and sealed copies of the report to TCEQ for review. Deliverables: );;-Sedimentation Basins Re-rating Pilot Study Report (draft and final). ;... Updated CT Study Report (draft and final). Professional's services under this agreement will be considered complete on the date when the final copies of the deliverables have been delivered to and accepted by BA W A. C. Additional Services: BA W A shall not be responsible or liable for any additional services performed by the Professional unless such additional services have been approved in writing prior to the performance of the same. Professional will perform additional services at a price agreed upon by the parties in writing prior to the performance of such services based upon the rate schedule indicated in Exhibit "A." Client#· 157279 KITPROFE ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 10/28/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certifica te holder Is an ADDITIONAL INSURED,t he policy(les) must be endorsed. If SU BROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ~f:I~cr USI Southwest r11g,N:o ~): 713 490-4600 Ftfc N9)1. 713-490-4700 Three Memorial City E·MAIL 840 Gessner, Suite 600 .@DRESS: --- INSURER(S) AFFORDING COVERAGE NAICf# Houston, TX 77024 INSURER A : Hartford Lloyds Insurance Compa 38253 INSURED INSURER a : Hartford Underwriters Insurance 30104 KIT Professionals, Inc. INS~RER c : Starr Surplus Lines Insurance C 13604 2000 W Sam Houston Pkwy S, Suite 1400 INSURERD : Houston, TX 77042 INSURERE : I INSURERF : COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . ~,tR _ TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP __ IN~ ~WVD 1---POLICY NUMBE:.:_R ___ ,lllloi/00/YYYY) lMMIDD/UIYlr....J------LIMITS A ~NERAL LIABILITY 61S8APA9174 ~4/08/2015 04/08/201E EACH OCCU RR EN_CE s1,000,000 X COMMERCIAL GENERAL LIABILITY I--~ ClAIMS -MADE ~ OCCUR ~~~f!~J~~J~P nco)_ s300 0=00~-- GEN'L AGGREGATE LIMIT APPLIES PER : l-f-J POLICY J x l ~S: c. LOC A AUTOMOBILE LIABILITY ,_ ,_ ANYAUTO ALL OWNED ,_AUTOS ,-SCHEDULED AUTOS --·-61SBAPA9174 MED EXP IAnv one oerson) s1 0.000 PE.B§S>NAL & ADV INJURY $1,000,000_ GENERAL AGGREG~ ~,000,000 PRODUCTS· COMP/OP AGG $2,000,000 $ -W 08/2015 04io8t201 E ff.~~~Dif t NGL~~ ~1.000_,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ - .. __! HIRED AUTOS X NON-OWNED ~ AUTOS ~ROPERTY .~AMAGE $ --IPeraccidenll __ _ __ A ,_! UMBRELLA LIAB L OCCUR I 61SBAPA9174 EXCESS LIAB ClAIMS-MADE OED I X R ETE NTIONS10000=---+-~'--+-----·- B WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY y f N ANY PROPRIETOR/PARTNER/E X ECUTIVE~ OF ICE MEMBER EXCLUDED? L.!fJ N I A (M nditory n NH) If yes, describe under _ DESCRIPTION OF OPERATIONS below _ --- 61WECAE0401 ----- C Professional SLSLPR026229115 Liability $ -----~4/08/2015 04/08/201E EACHOCCURRENCE S10.000,000 AGGREGATE s10.000.000 $ ~1/19/2015 o1/19/201E x . ~~ .. ~~~~~.;:~ 1 l nH·~-------t E L EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE S1 000 000 1---E..L DISEASE -..f.Qb.ICY LIMIT S1.000,000 ~3/20/2015 03/20/201E $2,000,000 per claim $4,000,000 annl aggr. DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES (AU.ch ACORD 101, Additional Remarlta Schedule, If more epacele required) RE: BAWA Fritz Lanham SWTP Sedimentation Basins 1-2 Re-ratlng Evaluation Project. The General Liability and Auto Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder, only when there is a written contract or written agreement between the named Insured and the certificate holder that requires such status, and only (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Baytown Area Water Authority SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: General Manager ACCORDANCE WITH THE POLICY PROVISIONS. PO Box424 Baytown, TX n522-0424 AUTHORIZED REPRESENTATIVE I a;rA~-~ ..cf.f - / © 1988·2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S16562915/M14711486 KZMZP DESCRIPTIONS (Continued from Page 1) with regard to work performed on behalf of the named insured. All policies provide a Blanket Waiver of Subrogation when required by written contract, except as prohibited by law. The General Liability and Auto Liability policies contain an endorsement with "Primary and Noncontributory" wording with respects to the sole negligence of the named insured, when required by written contract. When required by written contract, the General Liability and Auto Liability policies Include a blanket endorsement providing that 30 days notice of cancellation for reasons other than non payment of premium and 10 days notice of cancellation for non payment of premium will be given to the Certificate Holder by the Insurance Carrier. SAG ITT A 25.3 (201 0/05) 2 of 2 #S16562915/M14711486