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Ordinance No. 13,431ORDINANCE NO. 13,431 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PROFESSIONAL SERVICE AGREEMENT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND KIT PROFESSIONALS, INC., FOR THE BAYTOWN AREA WATER AUTHORITY CHEMICAL FACILITIES IMPROVEMENTS PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. **************************************************************************************** WHEREAS, the Baytown Area Water Authority's enabling legislation requires that the City Council approve the contract before Baytown Area Water Authority (`BAWA") enters into the same; and WHEREAS, on March 15, 2017, the Board of Directors of BAWA met and approved a the Professional Service Agreement with KIT Professionals, Inc., for the Baytown Area Water Authority Chemical Facilities Improvements Project; and WHEREAS, the City of Baytown desires to approve such construction contract; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the recitals set forth hereinabove are hereby found to be true and correct and are hereby adopted. Section 2: That the City Council of the City of Baytown, Texas, hereby approves the Professional Service Agreement between the Baytown Area Water Authority and KIT Professionals, Inc., for the Baytown Area Water Authority Chemical Facilities Improvements Project in an amount not to exceed TWO HUNDRED TWENTY-THREE THOUSAND FIVE HUNDRED FORTY-FIVE AND N01 100 DOLLARS ($223,545.00). Section 3: This ordinance shall take effect immediatelym and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmat l �te of the City Council of the City of Baytown this the 23`d day of March, 2017. 1-101 STEPHEN H. DONCARLOS, Mayor ATTEST: C� epYTOryH TICIA BRYSCH, City rk Z N APPROVED AS TO FORM: Nj,�� .N��..•�'.f� P FpF-�E NACIO RAMIREZ, SR, ityAttorney 1lcobfs011legallKarenlFileACity Counci rdinances1201'TMarch 23WpprovingBAWAProfessionalServicesAgreeementwithKrr.doc Exhibit "A" STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS AGREEMENT effective as of the_ day of _ , 2017 ("Effective Date'). Between Baytown Area Water Authority ("OWNER") and KIT Professionals, Inc. ("ENGINEER") OWNER intends to contract with ENGINEER to provide professional engineering design and associated services for the Chemical Facilities Improvements Project (the "Project") for and on behalf of OWNER. The Project includes addressing the following items ofconcern: 1. Chemical System Capacity and Condition Evaluation. OWNER has requested that the capacity of the existing chemical storage, feed, and ancillary equipment systems be evaluated to determine if the systems can support the plant operation at its 26 -million gallons per day (mgd) re -rated capacity. Many of the chemical storage, piping, feed, and power and control system components have exceeded their service life are operating at reduced capacity, are unreliable, and are in need of rehabilitation or replacement. 2. Lime System Addition. OWNER is interested in the addition of lime storage and feed system for pH and alkalinity adjustment for treatment performance, corrosion control, and chemical cost savings over the current use of sodium hydroxide. 3. Aqueous Ammonia (Liquid Ammonium Suljale) System Addition. Gaseous anhydrous ammonia is currently fed for chloramine formation at the plant. The anhydrous ammonia system is reaching the end of its service life and is a concern due to the chemical being a hazardous gas. OWNER is interested in converting from an ammonia gas system to a liquid ammonium sulfate system, which has significant operational and safety advantages. 4. Forebay Dike Leaks. The forebay dike on the south side of the impoundment is leaking, possibly due to loss of integrity of the Hypalon liner. The leak has resulted in water constantly standing in an area adjacent to the south dike that tacks positive drainage. Discharge piping from the transfer pump station has corroded as the result of being immersed in the stagnant water. 5. Chemical Optimization Evaluation. OWNER has expressed interest in a treatment chemical optimization study to identify potential opportunities to maximize treatment and distribution system performance and minimize chemical usage and costs, as such an assessment has not recently been performed. The assessment will consider chemicals currently used and possible alternatives, as well as application locations, sequencing, and timing. The effectiveness and efficiency of the existing rapid mix system will be evaluated and options to improve mixing provided. ENGINEER'S services shall include final design, bid phase, and construction phase services in support of the Project. OWNER and ENGINEER in consideration of their mutual covenants as set forth herein agree as follows: Standard Form of Agreement Between Owner and Engineer for Professional Services Page I of 12 TABLEOPCONTEWS bla Ak0KLE I~SERVICES OF ENGINEER .... ... ........... .... ...... -.............. -..... ~^~^..... ..... _^.-.-^_.~~_.-..^~..3 1^01 ~... ...... -.... _... _- ARTICLE 2~OWNBWS RESPONSIBILITIES ........ ... ~~~.-...... ..... ~.'....... 3 2.01 General .......... ^._.................... _~^.^...... -............ ~~,~.�--.--_-_-.---_--.'_.-.-.^.-__.-_-~'^~� ARTICLE 3 -TIMES FOR RENDERING sERvICES _.~..,^_.~__-~~.�~`--.._'3 3.01 General .... �� ----.-~.',.__~_-.~^.~.^...-.-.. ......... _........... .......... �--_.... -... ...... ...... ............... 3 ARTICLE 4`PAYMENTS ToENGINEER -._............ .'^,-~.^^._........... .--.......................... ^^..~_~.-.^.~~...~,~�3 4-81 MethodonfP&yowgnj for SeW&ftmnd RCUubwmAje Enmwnsupf EhH�IlNEEN_.--'_~'.~_-._.~_^_.''3 4��x`w��m��wm�r��Ummum�...,_....... _......... ^,,~,^.__-___-.,..^...................... ................ 3 ARTICLE 5 -OPINIONS OF cosT -..... ---'..... ~~......... '-'~`-`^~'^'—^-~~^~�—~---~^~.-�.---_.�-4 5.01 102 Ki��. -------'----'--'- ' 5.03�*fl�l�v�u��e�w --- ^~--^-~-- ARTICLE 6'GENERAL C~~~~~=A"^~"`=�^~~.... ~'~~�~~...... ---~'~^------_~~.__~~4 6,01 studam& of Pearmmm ..... '~~~... ........... ~^-~-... ............. '~~'^^`''~-^'~~''~~-^^^---~-'-...-.'�4 �O2Audmw$��qjm Rc�� x��m5 6.01I3tmign-=MouK�u�n��u��m�� ' . --.-.-.^~^._..^____..-.~~~.-.--__-~~~.�---__-'� 6,04Use mf Documewm ......... ... ~..... ................. .............................................. .... 5 6.05 Insurance ..... _~...... ~^~~...... .... __'_~.^._...� �� ._.~...-~.~_-----^.....-.,....'^.-~_.~~'� 6.07 Cmmmo�h�k�� ' .-,---'~__,---___..^.~~..--_..-.-'~.~'~^-_-__-^~^..,_'__-'_,~.^.~-.~'� �0QSm�en� As __._.-_~-..°._.--�_-_.~.°_-._�-_~'-~__.~~_~.--~~�^ DiWft 6.09~~~_.___,,~_,_______._,________-_.,.,_---_` ' 6.10 flammd�wEnx�nnmmm�^w��6wm_.---~-.--_.--~~~.' 6.11 Allocation of0iy�' ----'-' ' o�[3No�ws--.....`~.. '-------�-'--'--- ��l3�m��w�~-�.~~. �..~~^~----'^--~-~-~--� -----------'-~-~~~ --'-----~-v~�-~~-^-^-"^...._.B �15 W�� ~^~�-^^~~~~~'^~�'^^~~--~-~~~^'~°^~'`~''-`'~',^~.~.~0 0'}8HeW��/ -__. ARTICLE 7- D£FINITION&~ ...... -..^'-~...... .~... ....... ...... 8 7,01 0hefimulTmnm, ......... ...... '~.,,................ .... ..... ..... ... _..... .___^___^.,~~______~^.,`._ ARTICLE 8^EXHIBITS AND SPECIAL P$OVISI0NS--~... -......... .'...... _....... ............ __-_-..-___-_.&X 8.0 1 Exhibits included `~^-...... .............................. '-~.~-.-._._-^...��--_--.~~~^It 8.01. Tat4l Asmeuwmt--' Standard Form of Agreement Between Owner and Engineer for Professional Services Page 2wf 12 ARTICLE 1 - SERVICES OF ENGINEER 1.01 Scope A. ENGINEER shall provide the Basic and Additional Services set forth herein and in Exhibit A. B. (modified) Upon issuance of a notice to proceed by the OWNER, ENGINEER is authorized to begin Basic Services as set forth in Exhibit A. C. (Deleted). ARTICLE 2 - OWNER'S RESPONSIBILITIES 2.01 General A. OWNER shall have the responsibilities set forth herein and in Exhibit B. ARTICLE 3 -TIMES FOR RENDERING SERVICES 3.01 General A. (Modified) ENGINEER's services and compensation under this Agreement have been agreed to for the design of the Project together with other services specified in Exhibit A. ENGINEER's obligation to render services hereunder will be for whatever period necessary for the final completion of said services. B. (Deleted). C. (Modified) For purposes of this Agreement the term "day" means a calendar day of 24 hours. 3.02 Suspension A. (Deleted) B. (Modified) If ENGINEER's services arc delayed or suspended in whole or in part by OWNER, ENGINEER may be entitled to equitable adjustment of rates and amounts of compensation provided for elsewhere in this Agreement to reflect, reasonable costs incurred by ENGINEER in connection with, among other things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised, unless such delay or suspension is caused in whole or in part by the ENGINEER, its officers, agents, or employees. If ENGINEER causes or contributes to the delay or suspension. ENGINEER shall have no right to seek additional compensation. ARTICLE 4 - PAYMENTS TO ENGINEER 4.01 Methods or Payment for Services and Reimbursable Expenses of ENGINEER A. For Basic Services. OWNER shall pay ENGINEER for Basic Services performed or furnished under Exhibit A, Part 1, as set forth in Exhibit C. B. For Additional Services. OWNER shall pay ENGINEER for Additional Services performed or furnished under Exhibit A, Part 2, as set forth in Exhibit C. C. (Modified) For Reimbursable Expenses. In addition to payments provided for in paragraphs 4.01.A and 4.01.8, OWNER shall pay ENGINEER for Reimbursable Expenses incurred by ENGINEER and ENGINEER's Consultants as set forth in Exhibit C. However, all expenses associated with meals and lodging must be approved in writing by OWNER prior to ENGINEER incurring any expense associated therewith; otherwise, the parties hereto agree and understand that OWNER shall not be liable and ENGINEER shall not make a claim against OWNER for any such expenses. 4.02 Other Provisions Concerning Payments A. Preparation of Invoices, Invoices will be prepared in accordance with OWNER's standard processing practices and will be submitted to OWNER monthly via mail or email by ENGINEER, unless otherwise agreed. ENGINEER shall supply detailed back-up information along with each invoice in order for the OWNER to effectively evaluate the fees and charges. The amount billed in each invoice will be calculated as set forth in Exhibit C. Invoices shall be received by the OWNER not later than sixty (60) days from the date the ENGINEER and/or its subconsultants perform the services or incur the expense. Failure by ENGINEER to comply with the requirements herein in a timely manner with this requirement shall result in the ENGINEER'S invoice being denied. B. (Modified) Payment ojlmtiices. Invoices are due and payable within 30 days after the receipt of the invoice and the necessary backup information. IfOWNER fails to make any payment due ENGINEER for services and expenses within 30 days after receipt of ENGINEER's invoice and the required backup documentation therefor, the amounts due ENGINEER will accrue interest at the tate set forth in Section 2251.025 of the Texas Government Code (or the maximum rate of interest permitted by law, if less) after the Standard Form of Agreement Between Owner and Engineer for Professional Services Page 3 of 12 30th day. ENGINEER may after giving seven days' written notice to OWNER suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses, and other related charges. However, it is expressly understood and agreed that ENGINEER will not charge any interest or penalty as set forth herein on any portion of an invoice that is disputed and/or withheld in accordance with paragraph 4.02 and that ENGINEER will not suspend services under the agreement on account of a disputed invoice or on account of monies withheld. All payments will be credited first to principal and then to interest. C. Disputed Invoices. In the event of a disputed or contested invoice, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. D. Payments Upon Termination. In the event of any termination under section 6.06, ENGINEER will be entitled to invoice OWNER and will be paid in accordance with Exhibit C for all services performed or hunished and all Reimbursable Expenses incurred through the effective date of termination provided all instruments of service have been tendered to the OWNER. 2. (Deleted) E. (Modified) Records of ENGINEER's Costs. Records of ENGINEER's costs pertinent to ENGINEER's compensation under this Agreement shall be kept in accordance with generally accepted accounting practices. Copies of such records will be made available to OWNER upon request at no cost to OWNER. F. Legislative Actions. In the event of legislative actions after the Effective Date of the Agreement by any level of government that impose taxes, fees, or costs on ENGINEER's services or other costs in connection with this Project or compensation therefor, such new taxes, fees, or costs shall be invoiced to and paid by OWNER as a Reimbursable Expense to which a Factor of 1.0 shall be applied. Should such taxes, fees, or costs be imposed, they shall be in addition to ENGINEER's estimated total compensation. ARTICLE 5 - OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. ENGINEER's opinions of probable Construction Cost provided for herein am to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced and qualified professional generally familiar with the industry. However, since ENGINEER has no control over the cost of labor, materials, equipment, or services famished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, ENGINEER cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by ENGINEER. If OWNER wishes greater assurance as to probable Construction Cost, OWNER shall employ an independent cost estimator as provided in Exhibit B. 3.02 Designing to Construction Cost Limit A. (Deleted). 5.03 Opinions of Total Project Costs A. (Deleted) ARTICLE 6 - GENERAL CONSIDERATIONS 6.01 Standards of Performance A. (Modified) The standard of care for all professional engineering and related services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar circumstances at the same time and in the same locality. B. (Modified) ENGINEER shall be responsible for the technical accuracy of its services and documents resulting therefrom, and OWNER shrill not be responsible for discovering deficiencies therein. ENGINEER shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in OWNER -furnished information upon which ENGINEER is authorized to rely as provided in Section 6.0I.E. C. ENGINEER shall perform or furnish professional engineering and related services in all phases of the Project to which this Agreement applies. ENGINEER shall serve as OWNER's prime professional for the Project. Such professionals shall be appropriately licensed and/or registered to practice in the State of Texas. ENGINEER may employ such ENGINEER's Consultants as ENGINEER deems necessary to assist in the performance or famishing of the services. ENGINEER shall not be required to employ any ENGINEER's Consultant unacceptable to ENGINEER. D. ENGINEER and OWNER shall comply with applicable Laws or Regulations and OWNER -mandated Standard Form of Agreement Between Owner and Engineer for Professional Services Page 4 of 12 standards. This Agreement is based on these requirements as of its Effective Date. Changes to these requirements after the Effective Date of this Agreement may be the basis for modifications to OWNER's responsibilities or to ENGINEER's scope of services, times of performance, or compensation. E. (Modified) OWNER shall be responsible for, and ENGINEER may rely upon, the accuracy and completeness of all rcquiremenK Programs, instructions, reports, data, and Other information furnished by OWNER to ENGINEER Pursuant to this Agreement, unless expressly stated or communicated otherwise by OWNER. ENGINEER may use such requirements, reports, data, and information in performing or famishing services under this Agreement. F. OWNER shall make decisions and carry out its other responsibilities in a timely manner and shall bear all costs incident thereto so as not to delay the services of ENGINEER. G. Prior to the commencement of the Construction Phase, OWNER shall notify ENGINEER of any variations from the language indicated in Exhibit E. ~Notice of Acceptability of Work," or of any other notice or certification that ENGINEER will be requested to provide to OWNER or thind parties in connection with the Project. OWNER and ENGINEER shall reach agreement on the terms of any such requested notice or certification, and OWNER shall authorize such Additional Services as are necessary to enable ENGINEER to provide the notices or certifications requested. H. (Modified) ENGINEER shall not be required to sign any documents, no matter by whom requested, that would result in ENGiNEER's having to certify, guarantee or warrant the existence of conditions whose existence ENGINEER cannot ascertain; provided, that ENGINEER has exercised due diligence and was not otherwise required to certify, guarantee or warrant the existence of such conditions. 1. During the Construction Phase, ENGINEER shall not supervise, direct, or have control over Contractor's work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and Programs incident to the Contractor's work in progress, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. J. (Modified) ENGINEER neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work in accordance with the Contract Documents, However, nothing contained in this paragraph shall be construed so as to absolve ENGINEER from liability for any such failure about which ENGINEER knew or should have known existed in the exercise of ENGINEER's services under this Agreement. K (Modified) ENGINEER shalt not be responsible for the acts or omissions of any Contractor(s), subcontractor or supplier, or of any of the Contractor's agents or employees or any other persons (except ENGINEER's own employees and its consultants for which it is legally liable) at the Site or otherwise furnishing or performing any of the Contractor's work; or for any decision made on interpremdons or clarifications of the Contract Documents given by OWNER without consultation and advice of ENGINEER. L. (Modified) The General Conditions for any construction contract documents prepared hereunder are to be the Standard Form of Agreement between Owner and Contractor and as approved by OWNER in writing. 6.02 Authorized Project Representatives A. Contemporaneous with the execution of this Agreement. ENGINEER and OWNER shall designate specific individuals to act as ENGINEER's and OWNER's representatives with respect to the services to be performed or furnished by ENGINEER and responsibilities of OWNER under this Agreement. Such individuals shall have authority to transmit instructions, receive information, and render decisions relative to the Project on behalf of each respective pay. 6.03 Design without Construction Phase Services (Deleted) 6.04 Use of Documents A. (Modified) Upon execution of this Agreement, the ENGINEER grants to the OWNER an ownership interest in the Instruments of Service, The ENGINEER shall obtain similar interests from the OWNER and the ENGINEER's consultants consistent with this Agreement. Within seven days of any termination or expiration of this Agreement, the ENGINEER shall be required to tender to OWNER all Instruments of Service; provided OWNER has paid all monies, excluding any disputed amount, due and owing to ENGINEER in accordance with this Agreement. With such ownership interest, it is expressly understood by the parties hereto that the OWNER may use the Instruments of Service for any purposes which the OWNER sees fit, including, but not limited to, subsequent construction, reconstruction, alteration, and/or repairs of the Project. As a condition to the Standard Form of Agreement Between Owner and Engineer for Professional Services Page 5 of 12 OWNER's use of the Instruments of Service, the OWNER hereby expressly agues to remove the ENGINEER's name and all references to the ENGINEER, and its consultants from the Documents. The OWNER hereby releases any and all claims which the OWNER could make arising out of or in connection with any reuse of the documents by the OWNER. This release of claims for the matters covered in this Paragraph 6.04.A shall be for the benefit of the ENGINEER, its officers, and employees and sub -consultants, as well as their successors and assigns. B. (Modified) Copies of OWNER -furnished data that may be relied upon by ENGINEER are limited to the printed copies that are delivered to ENGINEER pursuant to Exhibit B unless otherwise expressly stated or communicated by OWNER. Files in electronic media format of text, data, graphics, or of other types that are furnished by OWNER to ENGINEER are only for convenience of ENGINEER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. C. Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of outer types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. D. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. The party delivering the electronic files will correct any errors detected within the 60 -day acceptance period. ENGINEER shall not be responsible to maintain documents stoned in electronic media format afler acceptance by OWNER. E. When transferring documents in electronic media format, ENGINEER makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of this Project. F. (Modified) Any use of the Documents on any extension of the Project or on any other project shall be at OWNER's sole risk and OWNER hereby releases ENGINEER from any liability associated solely with the reuse of the Documents. G. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. H. Any verification or adaptation of the Documents for extensions of the Project or for any other project will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 6.05 Insurance A. ENGINEER shall procure and maintain insuhance as set forth in Exhibit G, "insurance." B. Not used. C. Not used. D. Not used. E. Not used. F. At any time, OWNER may request that ENGINEER, at OWNER's sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. If so requested by OWNER, with the concurrence of ENGINEER, and if commercially available, ENGINEER shall obtain and shall require ENGiNEEWs. Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by OWNER, and Exhibit G will be supplemented to incorporate these requirements. 6.06 Termination A. (Modified) The obligations hereunder may be terminated: I. Forcause, a. (Modified) By either party upon 30 days' written notice in the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party; or b. By ENGINEER upon seven days written notice if ENGINEER is being requested by OWNER to famish or perform services contrary to ENGINEER's responsibility as a licensed professional. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of such substantial failure if the party receiving such notice Standard Form of Agreement Between Owner and Engineer for Professional Services Page 6 of 12 begins, within seven days of receipt of such notice, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof, provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same then the cure period provided for herein shall extend up to, but in no case more than 60 days after the date of receipt of the notice. 2. For convenience by OWNER effective upon the receipt of notice by ENGINEER. B. Not used. 6.07 Controlling Law A. This Agreement is to be governed by the law of the state in which the Project is located. Venue for all purposes shall be in Harris County, Texas. 6.08 Successors, Assigns, and Beneficiaries A. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 6.08.8 the assigns of OWNER and ENGINEER) arc hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and Obligations of this Agreement. B. Neither OWNER nor ENGINEER may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise in this Agreement: I. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by OWNER or ENGINEER to any Contractor, Contractor's subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. The OWNER agrees that the substance of the provisions of this paragraph 6.08.0 shall appear in the Contract Documents. 6.09 Not Used. 6.10 Hazardous Environmental Condition A. OWNER represents to ENGINEER that to the best of its knowledge a Hazardous Environmental Condition does not exist. B. (Modified) OWNER has disclosed to the best of its knowledge and belief to ENGINEER the existence of all Asbestos, PCB's, Petroleum, Hazardous Waste, or Radioactive Material located at or near the Site, including type, quantity and location. C. (Modified) If a Hazardous Environmental Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER an or before the next business day of the same. D. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Environmental Condition. in the event ENGINEER or any other party encounters a Hazardous Environmental Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until OWNER: (i) relains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (ii) warrants that the Site is in full compliance with applicable Laws and Regulations. E. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger;' "operator,'" "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1490 (CERCLA), which are or may be encountered at or near the Site in connection with ENGINEER's activities under this Agreement. F. If ENGINEER's services under this Agreement cannot be performed because of a Hazardous Environmental Condition, the existence of the condition shall justify ENGINEER's terminating this Agreement for cause on 30 days notice. Standard Form of Agreement Between Owner and Engineer for Professional Services Page 7 of 12 6.11 Allocation of Risks A. (Modified) Indemnification. See Exhibit K- B. B. (Added) Notwithstanding anything to the contrary contained in this Agreement, the OWNER and ENGINEER hereby agree that no claim or dispute between the OWNER and ENGINEER arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that the OWNER is subjected to an arbitration proceeding notwithstanding this provision, ENGINEER consents to be joined in the arbitration proceeding if ENGINEER'S presence is required or requested by the OWNER for complete relief to be recorded in the arbitration proceeding. 6.12 Notices A. (Modified) Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, or by registered or certified mail postage prepaid, or by a commercial courier service. Additionally, notices may be given via facsimile or by electronic mail if such notice is also given personally, or by registered or certified mail or by a commercial courier service. All notices shall be effective upon the date of receipt 6.13 Survival A. (Modified) All express representations, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 6.14 Severability A. Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and ENGINEER, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 6.15 Waiver A. Non -enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 6.16 Pleadings A. The headings used in this Agreement are for general reference only and do not have special significance. ARTICLE 7 - DEFINITIONS 7.01 Defined Terms A. Wherever used in this Agreement (including the Exhibits hereto) and printed with initial or all capital letters, the terns listed below have the meanings indicated, which are applicable to both the singular and plural thereof: 1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Documents. 2. Additional Services—The services to be performed for or furnished to OWNER by ENGINEER in accordance with Exhibit A, Part 2 of this Agreement. 3. Agreement --This "Standard Form of Agreement between OWNER and ENGINEER for Professional Services," including those Exhibits listed in Article 8 hereof 4. Application for Payment—The form acceptable to ENGINEER which is to he used by Contractor in requesting progress or final payments for die completion of its Work and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 5. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 6. Basic Services --The services to be performed for or furnished to OWNER by ENGINEER in accordance with Exhibit A, Part 1, of this Agreement. 7. Bid—The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. S. Bidding Documents—The advertisement or invitation to Bid, instructions to bidders, the Bid form and attachments, the Bid bond, if any, the proposed Contract Documents, and all Addenda, if any. Standard Form of Agreement Between Owner and Engineer for Professional Services Page 8 of 12 9. Change Order—A document recommended by ENGINEER, which is signed by Contractor and OWNER to authorize an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Construction Agreement. 10, Construction Agreement—The written instrument which is evidence of the agreement, contained in the Contract Documents, between OWNER and Contractor covering the Work. 11. Construction Contract—The entire and integrated written agreement between the OWNER and Contractor concerting the Work. 12. Construction Cost --The cost to OWNER of those portions of the entire Project designed or specified by ENGINEER. Construction Cost does not include costs of services of ENGINEER or other design professionals and consultants, cost of land, rights-of-way, or compensation for damages to properties, or OWNER's costs for legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project, or the cost of other services to be provided by others to OWNER pursuant to Exhibit B of this Agreement. Construction Cost is one of the items comprising Total Project Costs. 13. (Modified) Contract Documents—Documents that establish the rights and obligations of the parties engaged in construction and include the Construction Agreement between OWNER and Contractor and all documents referenced therein, Addenda (which pertain to the Contract Documents), Contractor's Bid (including documentation accompanying the Bid and any post -Bid documentation submitted prior to the notice of award) when attached as an exhibit to the Construction Agreement, the notice to proceed, the bonds, appropriate certifications, insurance documents the General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Construction Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Construction Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. 14. Contract Price—The moneys payable by OWNER to Contractor for completion of the Work in accordance with the Contract Documents and as stated in the Construction Agreement. IS. Contract Thnes—The numbers of days or the dates stated in the Construction Agreement to. (i) achieve Final Completion, and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment. 16. Contractor --An individual or entity with whom OWNER enters into a Construction Agreement. 17. Correction Period The time after Final Completion during which Contractor must correct, at no cost to OWNER, any Defective Work, normally one year after the date of Final Completion or such longer period of time as may be prescribed by taws or Regulations or by the tetras of any applicable special guarantee or specific provision of the Contract Documents. i8. Defective—An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty, or deficient, in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENG I NEER's recommendation of final payment. 19. Documents—Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by ENGINEER to OWNER pursuant to this Agreement. 20. Drawings—That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings are no Drawings as so defined. 21. Effective Date of the Construction Agreement—The date indicated in the Construction Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Construction Agreement is signed and delivered by the last of the two parties to sign and deliver. 22. Effective Date of the Agreement—The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 23. ENGINEER's Consultants—Individuals or entities having a contract with ENGINEER to furnish services with respect to this Project as ENGINEER's independent professional associates, consultants, subcontractors, or Standard Form of Agreement Between Owner and Engineer for Professional Services Page 9 of 12 vendors. The term ENGINEER includes ENGINEER's Consultants. 24. Field Order—A written order issued by ENGINEER which directs minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 25. Final Completion shall mean that all work has been completed, all final punch list items have been inspected and satisfactorily completed, all payments to subcontractors have been made, all documentation and warranties have been submitted, all closeout documents have been executed and approved by the OWNER, and the Project has been finally accepted by the OWNER. 26. General Conditions shall mean that part of the Contract Documents which sets forth terms, conditions, and procedures that govern the Work to be performed or famished by Contractor with respect to the Project. 27. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCB's, Petroleum, Hazardous Waste, or Radioactive Materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 28. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 29. Laws and Regulations, • Laren or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, standards, and orders of any and all governmental bodies, agencies, authorities, and courts having jwisdictiom 30. PCB's—PolvchWnated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline. kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Radioactive Materials—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 33. Record Drawings—The Drawings as issued for construction on which the ENGINEER, upon completion of the Work, has shown changes due to Addenda or Change Orders and other information which ENGINEER considers significant based on record documents furnished by Contractor to ENGINEER and which were annotated by Contractor to show changes made during construction. 34. Reimbursable Expenses—The expenses incurred directly by ENGINEER in connection with the performing or furnishing of Basic and Additional Services for the Project for which OWNER shall pay ENGINEER as indicated in Exhibit C. 35. Resident Pmject Representative—The authorized representative of ENGINEER, if any, assigned to assist ENGINEER at the Site during the Construction Phase. The Resident Project Representative will be ENGINEER's agent or employee and under ENGINEER's supervision. As used herein, the term Resident Project Representative includes any assistants of Resident Project Representative agreed to by OWNER. The duties and responsibilities of the Resident Project Representative are as set forth in Exhibit D. 36. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 37. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to ENGINEER to illustrate some portion of the Work. 38. Site—Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands furnished by OWNER which arc designated for use of Contractor. 39. Specifications—That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 40. Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER. the Work (or a specified part thereol) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete' and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. Standard Form of Agreement Between Owner and Engineer for Professional Services Page 10 of 12 41. Supplementary Conditions --That part of the Contract B. Exhibit B. •'OWNER's Responsibilities," consisting Documents which amends or supplements the General of two (2) pages. Conditions. 42. (Modified) Total Project Costs—The sum of the Construction Cosi, allowances for contingencies, the total costs of services of ENGINEER or other design professionals and consultants, cost of land, rights-of-way, compensation for damages to properties, OWNER's costs for legal, accounting, insurance counseling or auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to OWNER pursuant to Exhibit B of this Agreement. 43. Work—The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents with respect to this Project Work includes and is the result of performing or furnishing labor, services, and documentation necessary to produce such construction and furnishing, installing, and incorporating all materials and all equipment into such construction, all as required by the Contract Documents, 44. Ifork Change Directive—A written directive to Contractor issued on or after the Effective Date of the Construction Agreement and signed by OWNER upon recommendation of the ENGINEER, ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be perforated or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Tithes but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 45. Written Amendment—A written amendment of the Contract Documents signed by OWNER and Contractor on or after the Effective Date of the Construction Agreement and normally dealing with the non -engineering or non-technical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 8 - EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits included A. Exhibit A. "ENGINEER's Services," consisting of three (3) pages. C. Exhibit C, "Payments to ENGINEER for Services and Reimbursable Expenses," consisting of two (2) pages. D. Exhibit D, "Duties, Responsibilities and Limitations of Authority of Resident Project Representative," is not used. E. Exhibit E. "Notice of Acceptability of Work," is not used. F. Exhibit F, "Construction Cost Limit," is not used. G. Exhibit G. "Insurance," consisting oftwo (2) pages. H. Exhibit H, "Dispute Resolution," is not used. 1. Exhibit 1, "Allocation of Risks," is not used. J. Exhibit J, "Special Provisions;' is not used. K. (Added) Exhibit K, "Indemnification," consisting of two (2) pages. 8.02 Total Agreement A. This Agreement (consisting of pages I to 12 inclusive, together with the Exhibits identified above) constitutes the entire agreement between OWNER and ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. This Agreement along with the exhibits shall be read and construed as the same Agreement. Standard Form of Agreement Between Owner and Engineer for Professional Services Page 1 I of 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. OWNER: BAYTOWN AREA WATER AUTHORITY Signature: Printed Name: Richard L. Davis Title: General Manager Date Signed: Address for giving notices: P.O. Box 424 Baytown, Texas 77522 Designated Representative (paragraph 6.02.A): Name., lose A. Pastrana, P.E. Title: Director of Engineering Phone Number. (281) 420-7154 Facsimile Number: (281) 420-6586 E -Mail Address: iose.p1stranafn�beytown org ENGINEER: KITPROF IONAL , Printed Name: �! Date Signed: �Y Address for giving notices: 2000 W. Sam Houston Pkwy S., Suite 1400 Houston, Texas 77042 Designated Representative (paragraph 6.02.A): Name: Stint Slovak P.E.. BCEE Title: Senior Vice President Phone Number: (713) 972-6618 Facsimile Number: (713) 783-8747 E -Mail Address: gaktsukitnrots.carn Standard Form of Agreement Between Owner and Engineer for Professional Services Page 12 of 12 This is EXHIBIT A, consisting of 3 pages, referred to in and part of the Agreement between OWNER and ENGINEER for !Professional Services dated Initial: OWNER ENGINEER ENGINEER's Services Article I of the Agreement is amended and supplemented to include the following agreement of the parties. ENGINEER shall provide Basic and Additional Services as set forth below. PARI' 1 — BASIC SERVICES (Modified) A1.01 Preliminary Design Phase A. ENGINEER shall: I- (Modified) Consult with OWNER to define and clarify OWNER's requirements for the Project and to gather operational information on the existing facilities. 2. (Modified) Advise OWNER as to the necessity of OWNER's providing data or services of the types described in Exhibit B, which are not part of ENGINEER's Basic Services, and assist OWNER in obtaining such data and services, Develop a data needs list for submittal to Owner. 3. (Modified) Identify, consult with, and analyze requirements of OWNER and all other governmental authorities having jurisdiction to issue permit or to approve the portions of the Project designed or specified by ENGINEER, including, but not limited to, mitigating measures identified in the environmental assessment (if any). 4. Identify and evaluate potential solutions available to OWNER; and, after consultations with OWNER, recommend to OWNER those solutions which in ENGINEER's judgment meet OWNER's requirements for the Project. 5. (Modified) Attend meetings with OWNER to receive input into OWNER'S requirements for the Project and evaluation of potential solutions available to OWNER and to discuss and finalize design criteria and acquire pertinent information regarding the Project. 6. (Modified) Perform or provide the following additional Preliminary Design Phase tasks or deliverables: a. Project Initiation and Basis of Design Development TConduct and coordinate a project kick-off meeting to discuss project goals and objectives. Prepare list of data needs. i Collect and analyze historical plant data and develop profiles/trends for key plant performance and water quality indicators. Facilitate meetings/workshops with plant operations and maintenance staff to discuss operational experiences and institutional knowledge. Review plant operations and performance during water quality stressed conditions such as high turbidity events. Identify data gaps and prepare list of required data or information. > Review existing finished water and distribution system water quality goals. Based on findings, update current and future water quality goals. Coordinate and conduct a workshop (Workshop No. 1) to discuss the draft current and future water quality goals. Based on the stakeholder input, finalize the water quality goals to be used in the basis of design. Page 1 of 3 Pages (EXHIBIT A - Scope of Work) i Identify and summarize all applicable local, state, and federal regulatory requirements and parameters for project, including requests for variances. b. Chemical System Capacity and Condition Evaluation Inventory and list existing chemical storage, containment, piping, pumping, application, and ancillary equipment and system components and, based on best available information, identify actual capacities. Chemical facility capacities required to support operation of the SWT? at 26 mgd in compliance with current regulatory requirements will be established and actual capacities compared with required capacities. The chemical system evaluations will be based on adequacy of capacity per current Texas Commission on Environmental Quality (TCEQ) requirements. If the existing systems do not have adequate capacity, provide recommendations for improvements. "r Assess the physical and functional condition of chemical storage, piping, pumping, electrical, instrumentation, and control systems. Current operational status and maintenance history will be documented, and a determination made relative to expected remaining service life. Structures will be visually assessed for overall condition. Electrical equipment will be assessed for operability, reliability, maintenance history, and current electrical code compliance. Existing plant control system will be assessed for performance, maintainability, quality of trends and reports, and operator functionality and recommendations for improvements developed. 1: Develop a plan or strategy to integrate chemical injection system components into the future SCADA system. c. Lime System Addition ". Review the current basis for alkaline chemical addition practices (use of sodium hydroxide) such as chemical sequence and dosages to develop a plan for use of lime. Review BAWA bench -scale test data for lime addition. Conduct bench -scale tests to confirm optimal long- term lime addition strategy. Results of bench -scale tests will be used as the basis of design evaluation for candidate lime system alternatives. Bench -scale testing to be performed at BAWA SWTP process laboratory with support and assistance of BAWA stats. • Perform desktop alternative analysis of three candidate systems for addition of lime as pretreatment chemical at SWTP. Results of the alternative analysis will be described in the applicable section of the Technical Memorandum deliverable that will describe the basis of design/analysis assumptions, alternatives, findings, recommendations, schematic diagrams, and conceptual -level cost estimates for capital and life -cycle costs for alternatives. d. Liquid Ammonium Sulfate System Addition i Review the current basis for ammonia chemical addition practices such as chemical injection locations and dosages to develop a plan for use of liquid ammonium sulfate. Review BAWA SWTP data for ammonia addition and chloramine residuals. Conduct bench -scale tests to confirm optimal long-term liquid ammonia sulfate addition strategy. Results of bench -scale tests will be used in the basis of design. Bench -scale testing will be performed at BAWA SWTP process laboratory with support and assistance of OWNER. (Modified) Prepare a preliminary engineering report (the "Report") documenting the findings, the alternatives available for the Project, the results of the workshop, and the recommendations for inclusion in the Final Design of the Project. The report will include, but not be limited to, an introduction summary of the background information and project objectives, a description of approach used for project including the basis of design, and the description of results and findings including alternatives analysis with life cycle costs. The Report will, as appropriate, contain schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate the agreed -to requirements, considerations involved, and those alternate solutions available to OWNER which ENGINEER recommends. ENGINEER will prepare an Association for Advancement of Cost Engineering (RACE) Engineers Class 4 Opinion of Probable Construction Costs (EOPCC) for the Project. Page 2 of 3 Pages (EXHIBTP A - Scope of Work) S. Furnish three (3) review copies of the draft Report plus one (1) electronic copy to OWNER within one hundred twenty (120) calendar days of authorization to begin services and review the preliminary design submittal with OWNER. 9. Furnish three (3) final copies of the preliminary design submittal plus one electronic copy to OWNER within thirty (30) calendar days after reviewing the draft of such submittal with OWNER. B. (Modified) ENGINEER's services under the Preliminary Design Phase will be considered complete on the date when the final copies of the preliminary design submittal has been delivered to and accepted by OWNER. A1.02 Final Design Phase Not Included A1.03 Ridding or Negotiating Phase Not Included A 1.04 Construction Phase Not Included PART 2 — ADDITIONAL SERVICES A2.01 Additional Services Requiring OWNER's Wttitten Authorization in Advance. ENGINEER shall. only after receiving a written authorization specifically for each aspect listed below, perform the following: A. Forebay Leaks. Develop plan for the future inspection of forebay and raw water pumping and piping systems by others and maintenance of plant operation during future inspections. Identify and evaluate solutions to address standing water issue near the transfer pump station piping on site. B. Chemical Optimization Evaluation. Review the current basis for treatment chemical practices such as chemical purpose and type, location of application, sequencing, and dosages. Evaluate current practices and assess chemical compatibilities, potential inefficiencies, conflicts or interferences, and identify options for optimization. Review information on current corrosion control strategies for SWTP and distribution system, including review of any past corrosion control studies, standard operating procedures for corrosion control systems, and water quality targets (such as pH, alkalinity, and corrosion control inhibitor dosages). Conduct bench -scale testing to assess performance and validate options. Results from bench -scale tests will be used to determine the best protocols (both from a water quality and cost perspective) for chemical application. C. Pilot or demonstration scale tests of alternative treatment chemicals, sequencing, and feed locations, as required for TCEQ approvals and/or process optimization. Includes obtaining TCEQ approval. D. Analysis performed by contract laboratory. E. Professional electrical engineer. F. Surveying. G. Geotechnical and materials testing. A2.02 Required Additional Services Not Included Page 3 of 3 Pages (EXHIBIT A - Scope of Work) This is EXHIBIT B, consisting of 2 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated Initial: OWNER 'S Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties B2.01 In addition to other responsibilities of OWNER as set forth in this Agreement, OWNER shall: A. Provide ENGINEER with all criteria and full information as to OWNER's requirerwrits for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the Drawings and Specifications; and hunish copies of OWNER's standard forms, conditions, and related documents for ENGINEER to include in the Bidding Documents, when applicable. B. Furnish to ENGINEER any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. Nothing contained in this Exhibit or in this Agreement shall be construed to require the OWNER to provide such records in any certain format. The format in which the existing data and documentation will be provided shall be at the sole discretion of the OWNER. C. (Modified) Following ENGINEER's assessment of initially -available Project information and data and upon ENGINEER's written request, furnish or otherwise make available such additional available Project related information and data as is reasonably required to enable ENGINEER to complete its Basic and Additional Services. 1. (Deleted). 2. (Deleted). 3. (Deleted). 4. (Deleted). 5. (Deleted). 6. (Deleted). D. (Deleted). E. (Modified) Authorize ENGINEER to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as the OWNER determines is necessary. F. (Modified) Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under the Agreement. G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as OWNER deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. Page 1 oft Pages (Exhibit B — OWNER's Responsibilities) H. (Deleted), 1. (Deleted). J. Advise ENGINEER of the identity and scope of services of any independent consultants employed by OWNER to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructability review. K (Deleted). L. (Deleted). M. (Deleted). N. (Deleted), Page 2 of 2 Pages (Exhibit B--OWNER's Responsibilities) This is EXHIBIT C, consisting of 2 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated Initial: OWNER ENGINEE Payments to ENGINEER for Services and Reimbursable Expenses Article 4 of the Agreement is amended and supplemented to include the following agreement of the parties: ARTICLE 4 -- PAYMENTS TO THE ENGINEER C4.01 For Basic Services Having A Determined Scope -Cost not to Exceed Method of Payment A. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit A as follows: 1. (Modified) A cost not to exceed amount of $106.945.00based upon the rate schedule, which is attached as Appendix I of Exhibit C and incorporated herein for all intents and purposes. This amount does not include those ENGINEER'S Consultant's charges as provided below in this Article 4, Subparagraph 04.05, and will be distributed at the completion of the preliminary design phase. 2. Deleted. 3. The cost not to exceed includes compensation for ENGINEER's services and services of ENGINEER's Consultants (with the exception of those outlined in paragraph C4.05), if any. Appropriate amounts have been incorporated in the cost not to exceed to account for labor, overhead, and profit. 4. Deleted. 5. The portion of the amount billed for ENGINEER's services will be based upon total services actually completed during the billing period, which shall be a calendar month. Invoices shall be tendered no more often than once a month for all of the services performed during the applicable month. C4.02 For Basic Services Having An Undetermined Scope — Direct Labor Costs Times a Factor Method of Payment A. (Not Used). 04.03 For Additional Sendces A. OWNER shall pay ENGINEER for Additional Services as follows: 1. General. For services of ENGINEER's employees engaged directly on the Project pursuant to paragraph A2.01 or A2.02 of Exhibit A of the Agreement, except for services as a consultant or witness under paragraph A2.0l.A.13, an amount based upon the actual hours worked and the rate schedule, which is attached as Appendix I of Exhibit C and incorporated herein for all intents and purposes plus Reimbursable Expenses. Additional Services shall not be performed without the prior written consent of the OWNER and if requested, shall not exceed the following: Forebay Leak Evaluation .............................$10,000 Chemical Optimization Evaluation ..............$18,600 Pilot or Demonstration Testing ....................$10,000 Laboratory Services .....................................$25,000 Electrical Engineer .......................................$30,000 Topographic Surveying ................................$10,000 Geotechnical Investigation...........................S10,000 C4.04 For Reimbursable Erpenses A. (Modified) When not included in compensation for Basic Services under paragraph 04.01, OWNER shall pay ENGINEER for Reimbursable Expenses as the rate set forth in Appendix 2 of this Exhibit C. Before the OWNER shall be liable for any reimbursable expenses, the ENGINEER must obtain prior written approval of the OWNER of any expense that exceeds $1,000 for which the ENGINEER seeks Page 1 oft Pages (Exhibit C - Basic Services With Determined Scope — Cost not to exceed Method) reimbursement. Reimbursable Expenses shall not exceed the following for each phase: a. Preliminary Design Phase..............$3,000.00 B. (Modified) Reimbursable Expenses include the following categories: mileage, parking tolls, long distance, reproduction of Drawings, Specifications, Bidding Documents, and similar Project -related items in addition to those required under Exhibit A, and, if authorized in advance by OWNER. C. The amounts payable to ENGINEER for Reimbursable Expenses will be the Project -related internal expenses actually incurred or allocated by ENGINEER, plus all invoiced external Reimbursable Expenses allocable to the Project, the latter multiplied by a Factor of 0.101. Travel, meals, mileage, rental cars, and like expenses are not subject to the 1.10 Factor. D. Deleted. E. (Added) The OWNER must approve all travel expenses before the same are incurred. If such approval is not obtained, the OWNER shall not be liable for such travel expenses. C4.05 For ENGINEER'sConsultant's Charges A. (Deleted) C4.06 Direct Labor Costs A. Direct Labor Costs means salaries and wages paid to ENGINEER's employees but does not include payroll related costs or benefits. B. (Deleted). 4.07 Factors (Deleted) C4.08 Other Provisions Concerning Payment A. Progress Payments. The portion of the amounts billed for ENGINEER's services which are identified in paragraphs C4.01 and C4.03, will be based on the Direct Labor Costs for the cumulative hours charged to the Project during the billing period by all of ENGINEER's employees, plus Reimbursable Expenses and ENGINEER's Consultant's charges, if any. APPENDIX 1 OF EXHIBIT C— HOURLY RATES Page 2 of 2 Pages (Exhibit C - All Other Services/Charges — Cost not to Exceed Method of payment) Hourly Rates for ENGINEER'S Staff: All services are to be billed on an hourly basis based on time and materials and based upon the following rates: �K*16110116 Principal/ Technical Advisor 5263.50 Project Mana $213.90 Design Manager $179.80 Project Engineer If $170.50 Project Engineer 1 5124.00 Graduate Engineer $108.50 Senior CADD 5108.50 CADD $93.00 Site Representative 585.00 Admin Assistant 577.50 Page 1 of 1 pages (Appendix 1 of Exhibit C -• Hourly Rates) APPENDIX 2 OF EXHIBIT C— REIMBURSEMENT OF COSTS External Reproduction and Deliveries: Cost plus 10% Internal expenses: Cost Mileage: IRS Rate Travel: Cost Page 1 of 1 Pages (Appendix 2 of Exhibit C Reimbursement of Costs) This is EXHIBIT G, consisting of 2 pages, referred to in and Part of the Agreement between OWNER and ENGINEER for Professional Services dated Initial: OWNER ENGINEER Insurance Paragraph 6.05 of the Agreement is amended and supplemented to include the following agreement of the parties G6.05 Insurance Throughout the term of this Agreement, the ENGINEER at its own expense shall purchase, maintain and keep in force and effect insurance against claims for injuries to or death of persons or damages to property which may arise out of or result from the ENGINEER's operations and/or performance of the work under this Agreement, whether such operations and/or performance be by the ENGINEER, its agents, representatives, volunteers, employees or subcontractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The ENGINEER's insurance coverage shall be primary insurance with respect to the OWNER, its officers, agents and employees. Any insurance or self-insurance maintained by the OWNER, its officials, agents and employees shall be considered in excess of the ENGINEER's insurance and shall not contribute to it. Further, the ENGINEER shall include all subcontractors as additional insureds under its commercial general liability policies or shall fumish separate certificates and endorsements for each subcontractor. All coverage for subcontractors 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 contract: Commercial General Liability (CGL) General Aggregate: 32,000,000 Products & Completed Operations: $1,000,000 Personal & Advertising Injury: 51,000,000 Per Occurrence: $1,000,000 a. Coverage shall be broad form CGL. b. No coverage shall be excluded from standard policy without notification of individual exclusions being attached for review and acceptance. C. Waiver of Subrogation required. Business Automobile Policy (BAP) Combined Single Limits: 52,000,000 a. Coverage for "Any Auto." b. Waiver of Subrogation required. Workers' Compensation insurance Statutory Limits Employer's Liability 51,000,000 Waiver of Subrogation required. Errors & Omissions (E&O) Limit: 52,000,000 a. For all engineers, and/or design companies. Page I of 2 Pages (Exhibit G - Insurance) b. Claims-made form is acceptable. c. Coverage will be in force for three (3) years after project is completed. Upon execution of this contract, ENGINEER shall file with the OWNER valid Certificates of Insurance and endorsements acceptable to the OWNER. Such Certificates shall contain a provision that coverage afforded under the policies will not be canceled, suspended, voided, or reduced until at least thirty (30) days' prior written notice has been given to the OWNER via certified mail, return receipt requested. The ENGINEER shall also file with the OWNER valid Certificates of Insurance covering all subcontractors. The following are general requirements applicable to all policies: a. AM Best Rating of A-:VII or better. b. Insurance carriers licensed and admitted to do business in State of Texas will be accepted. c. Liability policies will be on occurrence form E & O can be on claims-made form. d. OWNER, its officers, agents and employees are to be added as Additional Insured to the commercial general liability and business automobile policies. e. Upon request of and without cost to OWNER, certified copies of all insurance policies and/or certificates of insurance shall be furnished to OWNER's representative. Certificates of insurance showing evidence of insurance coverage shall be provided to OWNER's representative prior to execution of this agreement. f. Upon request of and without cost to OWNER, loss runs (claims listing) of any and/or all insurance coverage shall be furnished to OWNER's representative. Page 2 of 2 Pages (Exhibit G - Insurance) This is EXHIBIT K, consisting of I pages, referral to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated Initial: OWNER ENGINEE .�� •--- lndemniflcation ENGINEER AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND OWNER, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREAFTER REFERRED TO AS THE "CITY") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR DAMAGES TO ANY PERSON(S) 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 ENGINEER OR ENGINEER'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH ENGINEER EXERCISES CONTROL (COLLECTIVELY ENGINEER'S PARTIES). IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH ENGINEER AND OWNER, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY ENGINEER TO INDEMNIFY AND PROTECT OWNER FROM THE CONSEQUENCES OF ENGINEER'S PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE AS WELL AS ENGINEER'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 THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF ANY PERSON OTHER THAN ENGINEER'S PARTIES. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE OWNER FROM WHICH THE OWNER IS INDEMNIFIED, ENGINEER FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE OWNER. THE INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS AGREEMENT. By this Agreement, the OWNER does not consent to litigation or suit, and the OWNER 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 OWNER'S sovereign immunity. ENGINEER assumes full responsibility for its work performed hereunder and hereby releases, relinquishes and discharges OWNER, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character for any injury to or death of any person and/or any loss of or damage to any property that is caused by or alleged to be caused by, arising out of, or in connection with ENGINEER's work to be performed hereunder. This release shall apply with respect to ENGINEER's work regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. The protections afforded to OWNER in this Exhibit K shall control and supersede any apportionment of liability or release of liability contained elsewhere in the Contract Documents. Furthermore, the provisions contained in this Exhibit "K" shall survive the termination and/or expiration of this AgEeement. Cllant/t: 157279 KiTPROFE ACORD. CERTIFICATE OF LIABILITY INSU ANCEDATEJUMDOMYYY) 2/28/2017 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(SI, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder In an ADDITIONAL INSURED, the policy(Ias) must be endorsed. If SUBROGATION IS WAIVED, subject to the firma and conditions of the policy, certain policies may require an andomement. A statement an this certificate does not confer rights to the certificate holder in lieu of such andomement(s). PRODUCER I LIEft USI Southwest 9811 Katy Freeway, Suite 500 N , ; 713 490.4600713-490�►700 No . w B MMAtL Houston, TX T7024 T13 4904608 INSUR2ft AFFOR MG COVERAGE wATc e WSUMRA: Hartford Lloyds insurance Co. !38253 NSURED KIT Professionals, Inc. 2000 W Sam Houston Pkwy S, Suite 1400 Houston, TX 77042 -gmsuRgR a; Hartford Underwriters Insurance 130104 a,c, Starr Surplus Lines insuranceCo A13604 INsuRERD; MBUR ER E + COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN i)T.WED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR 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 am LTR TYPE OF ML RANCa ° POLICY NUMBER YVM9A I LIEft A X cOMMERCIALwfiml—umuury CLAIMS -MAW _XJOCCUR 61SBAPAS174 DQ88i2016 04/0812017 EACNOCCURRENCE S11,000,000 TED ENamirrwel s300000 MED EXP y mywawwn) s10 000 PERSONAL -& ADV INJURY 31 O OOO GENt AGGREGATE LIMIT APPLIES PER: 7v PRO- POLICY 1_ ^J JEGT E I LOC GENERAL AGGREGATE s2F �,000&20 PRODUCTS • COMPIDP AGO s2,000,000 s OTHER. A AUTOMOSMUASLJY SISSAPA9174 0812016 041081201 =OSINGLE5110001000 BODILY INJURY (Per pa m) S ANY AUTO X ALLCWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X MONO tlNED BODILY INJURY (Per acMer9l S PAUTOS PROPERTY DAMAGI s S p► X uoteRELLALIAe„ [X OCCUR 81SSAPA9174 0812016 041011120117.EACNOCCURRENCE 510 .000,000 F�aCL5611Aa CLAIMS -MAW AGGREGATE S10.000,000 o X RIT;NTIONx10000000 S I B ANY PROPMETORMARTNERMECUTWfWASIUTY �NIEL.EACHACC93ENT OFFICERIMEMBEREXCLUD907 N (MyyaaMf. MIary In NRl DIt ESCAPTI0,OFOPERATENSbelow i NIA 61WECAE0401 1/19/2017 01/19/201 X PER �” $1000000 E.L. DISEASE EA EMPLOYE$ $1.000.001) E -L -. DISEASE - POI JCY.LIMR 51000.000 C ;Professional LSPRO26229116 03120120116�0:n 2,000,000 per clalm 1 Liability $4,000,000 annl aggr. DESCRWTNTN OF OPERATWNS 1 LOCATIONS I VRM%= (ACGRD 141, Ad@UmA Ramafrs SdW*0Is. maybe allwhed IT nays aoam M mwftQ RE SAWA Chemical Facilities Improvements Project. The General Liability and Auto Uability 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 with regard to work performed on behalf of the named insured. All policies provide a Blanket Waiver of (See Attached Descriptions) Baytown Area Water Authority PO Box 424 Baytown, TX 77522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE m 1908.2014 ACORD CORPORATION_ All elahts rosarved ACORD 23 (2414101) 1 of 2 The ACORD name and logo are registered marks of ACORD #519968787IM19646140 ATKZP S R1PTldN ..,ate r Subrogation when required by written contract, except as prohibited by law. The General Liability and Auto Liability poilcles 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. a0wi l m iea..i tcuiaru-1l z oT a NS19966Tf3?tM19646140 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete No& i - a and 6 if drere are interested parties OIrF#CE USE ONLY Complete Nos, 1, 2, 3, Sr and 6 if there are no -nterested patties. CERTIFICATION OF FILING Certificate Number: Z Name of business entity filing form, and the city, stats and country of the business entity's place of business. 2017-173235 KIT Professionals, Inc. Houston, TX United Stales pate tiled: 0310112017 90i—W govsrrtme or stats agency M s a parry to the contract r onn is being filed. Baytown Area Water Authority Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract, and provide a description of the services, goods, or other property to be provided under the contract Chem Facilities Impr. Project Professional Engineering Services 4 Name of Interested Party City, State, Country (place of business) Nature of Interest (check applicable) ControllLng Irftirmedinry 5 Check only Hthere Is NO interested Party. X fi DEREK LIANG I swear, at affirm, under penalty of perjury, that the above disclosure is true and correct � IVotzE-y PubL'c, State of Texas Comm; Empires 04-29-2020 'o Nofary 10 128965538 ■'' gnattxe of ed ag nt co smess entity AFFIX NOTARY STAMP d SEAL ABOVE Sworn to and subscribed before me, by the said _'�" _ rs � this the 2t3-, to certify which, witness my hand and seal of office , day of t a Silrd%Te officer admin g oath Prfffied name ofiffic& admin"nste " Title of officer administering oath Forms provided5y Texas Ethics Comtn)ssiori _ Twwuir.ethlcssfate.tx.us - -- _ - -- __- - - Version V1.0.277 Orig. Dept.: File./1.D. No.: INSTRUCTION: ENTITIES USING AN ASSUMED NAME SHOULD DISCLOSE SUCH FACT TO AVOID REJECTION O!' THE AFFIDAVIT THE FOLLOWING FORMAT IS RECOMMFrNDF:I): CORPORATE/LEGAL NAME DBA ASSUMED NAME. STATE OF texas AFFIDAVIT OF OWNERSHIP OR CONTROL COUNTY OF Harris BEFORE ME, the undersigned authority, on this day personally appeared Sudhakar Kalaga [)MULL NAME] (hereinafter "Affiant"), Pregd-eiff[STATE TITLE/CAPACITY WITH CONTRACTING ENTITY] of KIT Professionals, Inc. _ � [CONTRACTING ENTITY'S CORPORATE/LEGAL NAME] ("Contracting Entity"), who being by me duly sworn on oath stated as follows: I. Affiant is authorized to give this affidavit and has personal knowledge of the facts and matters herein stated. 2. Contracting Entity seeks to do business with the City in connection with Chemical Facilities Improvements Pra)ects [DESCRIBE PROJECT OR mA7TER] which is expected to be in an amount that exceeds $50,000. 3. The following information is submitted in connection with the proposal, submission or bid of Contracting Entity in connection with the above described project or matter, 4. Contracting Entity is organized as a business entity as noted below (check box as applicable). FOR PROFIT ENTITY: NON-PROFIT ENTITY: [ J SOLE PROPRIETORSHIP [ J NON-PROFIT CORPORATION [XJ CORPORATION [ ] UNINCORPORATED ASSN. [) PARTNERSHIP [ ] LIMITED PARTNERSHIP [ ] JOIN I" VENTURE [ ] LIMITED LIABILITY COMPANY [ ] O ITIER (Specify type in space below): S. The information shown below is true and correct for the Contracting Entity and all owners of 5% or more of the Contracting Entity and, where the Contracting Entity is a non-profit entity, the required information has been shown for each officer. [NOTE? IN ALL CASES, USE EULL NAMES, LOCAL BUSINESS AND RESIDENCE ADDRESSiS AND TELEPHONE A idavit of Owners i=LwtrQI Page i Orig. Dept.: _ File/I.D. No.: NUMBERS. DO MI USE POST OFFICE BOXES FOR ANY ADDRESS. INCLUSION OF E-MAIL: ADDRESSES IS OPTIONAL, BUT RECOMMENDED ATTACK ADDITIONAL SHEETS AS NEEDED.] Contracting Entity Name: KIT Professionals, Inc. Business Address [NO./STREET] 2000 W Sam Houston Pkwy. S., STE 1400 [CITY/STATE/ZIP CODE) Houston, Texas 77042__ Telephone Number i 7i2J 783-8700 Email Address [OPTIONAL] skalaga@kitprofs.eom Residence Address [NOJSTREET] 10 Ellicoit Way (CITYISTATE/ZIP CODE Sugar Land, Texas 77479 Telephone Number [OPTIONAL] C713_) ) 443.6431 Email Address [OPTIONAL] skalaga®kitprors.com 5% or More Owners)/Officers of Non -Profit Corporation (IF NONE, SPATE °'NONE.") Name; Mr. Sudhakar Kalaga, PE Business Address [NO.ISTREtr'T] 2000 W Sam Houston Pkwy. S., STE 1400 [CITYISTATE/ZIP CODE] Houston, Texas 77042 Telephone Number 7( 13 ) 783-8700 Email Address [OPTIONAL] skalagagkitprofs.com Residence Address NOJSTREET 10 Ellicoft Way [CITY/STATE/ZIP CODE] Sugar Land, Texas 77479 Telephone Number [OPTIONAL] (.72_) 443"6431 Email Address [OPTIONAL] skalaga�Iprofs.com 6. Optional information Contracting Entity and/or [NANIE OF Affidavit o[Ownership or Caoaml, Page Orifi. Dept.: Fitdt.D. No.: OWNER OR NON-PROFIT OFFICER] is actively protesting, challenging or appealing the accuracy andi'or amount of taxes levied against [CONTILACTMG ENTITY, OWNER OR NON-PROFIT OFFICER] as follows: Name of Debtor: Type of Debt: Account Nos.: Case or File Nos.: Attorney/Agent Name: Attorney/Agent Phone No.:_____ Delinquent Years/Months: Status of Appeal Affiant certifies that he or she is duly authorized to submit the above information on behalf of the Contracting Entity, that Affiant is associated with the Contracting Entity in the capacity noted above and has personal knowledge of the accuracy of the information provided herein, and that the ittfertrtation provided herein is we and c t to die of Affiants knowledge and belief. 1 A int.....-.._.,.. SWORN TO AND SUBLSQR&EQ,bdi a me this _ � day of,,,,, , 20,.7 06014" DEREK LIANG (Seal) .�� y'� e P.'�� p��Notary Public, State of Texas , Comm. Expires 04-29-2020 - 3r,M�irR; Notary 1D 128965530 No ! tt nd Cor the le of NOTE: This affidavit constitutes a government record as defined by Section 37.01 of the Texas Penal Code. Submission of a false government record is punishable as provided in Section 37.10 of the Texas Penal Code. Attach additional pages if needed to supply the required names and addresses. Ct of Uwricrskip ur Control dine A vitQf �►wnersitlA Q - Control. Page 3