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Ordinance No. 15,354 ORDINANCE NO. 15,354 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH KIT PROFESSIONALS, INC., FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE RENEWAL OF THE TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES) PERMIT ISSUED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) FOR THE EAST, WEST, AND CENTRAL DISTRICT WASTEWATER TREATMENT PLANTS;AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTY-FIVE THOUSAND EIGHT HUNDRED FIFTY AND NO100 DOLLARS ($65,850.00); MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown,Texas,hereby authorizes and directs the City Manager to execute and the City Clerk to attest to a Consulting Services Agreement with KIT Professionals, Inc., for professional services associated with the renewal of the Texas Pollutant Discharge Elimination System(TPDES)Permit issued by the Texas Commission on Environmental Quality(TCEQ) for the East,West,and Central District Wastewater Treatment Plants. A copy of said agreement is attached hereto as Exhibit"A"and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to KIT Professionals, Inc., in an amount not to exceed SIXTY-FIVE THOUSAND EIGHT HUNDRED FIFTY AND NO. DOLLARS ($65,850.00) for professional services in accordance with the agreement authorized in Section 1 hereinabove. Section 3: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO.'100 DOLLARS ($50,000.00)or less. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 26`'day of January,2023. 6pYT0!ya� ON CAPETILLO,Ma or ATTEST: p4 n,aooe�vae� ,oTF 0 0 ANGELA J N, Cityle APPROVED S TX SCOTT LEM ND,City Attorney R:Karen Anderson ORDINANCES\2023\2023.01.26\PSAwithKlTProfessionals-TPDESPenmit.docx EXHIBIT "A" AGREEMENT FOR CONSULTING SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This Agreement (this "Agreement") is entered into by and between KIT Professionals Inc. (hereinafter "Consultant") and the City of Baytown, a home-rule municipality located in Harris and Chambers Counties, Texas(the "City"). 1. Scope of Services/Consultant Fees This Agreement authorizes Consultant to perform engineering services for the development of City of Baytown's TPDES permit renewal applications (the "Work") for and on behalf of the City. The scope of the Work is detailed in Exhibit "A." The time schedules for the Work are specified in Exhibit "B." The compensation and professional fees for Consultant and its subconsultants is more particularly described in Exhibit "C" and shall not exceed SIXTY-FIVE THOUSAND EIGHT HUNDRED FIFTY AND 00.;100 DOLLARS ($65,850.00). Each of these Exhibits "A" through "C" are incorporated into this Agreement by reference for all purposes. 2. Compensation and Professional Fees a. The City shall pay Consultant in installments based upon monthly progress reports and detailed invoices submitted by the Consultant based upon the following: 1. Communication, Correspondence, and Meetings.....................................$8,760 2. Prepare TCEQ TPDES Administrative Reports.....................................$13,140 3. Prepare TCEQ TPDES Technical Reports .............................................$23,400 4. Submit and Process TCEQ Permit Application Documents...................$13,680 5. Reimbursable Expenses (Not to Exceed)..................................................$6,870 6. Total.......................................................................................................$65,850 b. For an agreed contract amount identified as "Lump Sum," "Not to Exceed" and "Reimbursable," Consultant shall not exceed the fixed contractual amount without written authorization in the form of a Contract amendment. C. Reimbursable Expenses, as shown in Exhibit "B," are itemized by work category. Reimbursable Expenses shall be invoiced AT COST, without subsequent markup by Consultant. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per allowable category. (1) Allowable reimbursable Expenses include: (a) Hard copy reproductions, copies, and/or binding costs; (b) Postage; (c) Mileage, for travel from Consultant's local office (within a 25-mile radius)to meetings at the City or jobsite. Mileage shall be charged at the current IRS rates; Agreement for Consulting Services.Page 1 (d) Travel Expenses, mileage from local office to state or federal regulatory agency office beyond 100 miles; and (e) Lodging expenses for destinations beyond 100 miles from Consultant's local office AND when business hours exceed eight hours within one business day OR when Consultant's services require more than one eight-hour day at the destination; provided such expenses has been approved in writing by the City. (2) Disallowed Expenses include travel expenses for professional expertise traveling into the Greater Houston Area from Consultant's office outside the Greater Houston Area. d. Consultant shall invoice based upon total services actually completed during the applicable month. Invoices and all required or requested backup information shall be tendered no more often than once a month. Consultant shall not invoice the City for services or expenses that were incurred more than sixty (60) days before the date of the invoice. Failure to timely invoice the City for services or expenses shall result in Consultant's invoice being denied. e. In the event of a disputed or contested invoice, the City may withhold from payment that portion so disputed or contested, and the undisputed portion will be paid. 3. Personnel of Consultant a. Consultant's Project Manager Consultant shall designate Dr. Justin Bartlet, to serve as Project Manager for the Work performed under this Agreement. Any change of Project Manager shall require thirty(30) days advance written approval from the City's Representative. b. Licensed and Registered Architects/Engineers Consultant shall keep full-time registered architects and/or engineers licensed in the State of Texas on staff and assigned to the Work for the duration of its performance of the Work. C. Data on Consultant's Employees Prior to commencement of the Work, Consultant shall forward to the City a detailed resume of the personnel that will be assigned to the Work. Such personnel shall include, but not be limited to, architects and.or engineers as applicable. d. Rejection of Consultant's Employees The City reserves the right to approve or reject from the Work any employees of Consultant. Agreement for Professional Services,Page 2 4. Designation and Duties of the City's Representative a. The City's Director of Public Works and Engineering or their designee shall act as the City's Representative. b. The City's Representative shall use his best efforts to provide nonconfidential City records for Consultant's usage on the Work and to provide access to City's property and easements. However, the City does not guarantee the accuracy or correctness of the documents so provided. Notwithstanding the foregoing, Professional shall be entitled to use and rely upon information provided by the City in performing the services required under this Agreement only to the extent and level specified by the City in writing for each document provided. Nothing contained herein shall be construed to require the City to provide such records in any certain format. The format in which the existing data and documentation will be provided shall be at the sole discretion of the City. 5. Standards of Performance a. Consultant shall perform all services under this Agreement with the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances, time and locality. Opinion of probable cost shall be based upon the Consultant's experience and represent its best judgment as an experienced and qualified professional. Each submittal of opinion of probable cost shall be commensurate with the project design. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and the City shall not be responsible for discovering design errors, omissions, or deficiencies therein. Consultant shall correct such design errors,omissions, or deficiencies without additional compensation. b. Codes and Standards (1) All references to codes, standards, environmental regulations and/or material specifications shall be to the latest revision, including all effective supplements or addenda thereto, as of the date that the order for any necessary equipment is made by the City or that the construction specified is bid by the City. (2) If any such equipment is specially manufactured, it shall be identified to the City, and the Contractor and the Seller shall present sufficient data to the City to support the design and the suitability of the equipment. (3) All materials specified on any City project shall be in accordance with City, ASTM,ACI, and AASHTO specifications, and with other recognized standards. Proprietary material or other materials for which no generally recognized standards exist may be used provided there has been at least five (5) years of proven experience in the field, and such satisfactory documentation has been approved by the City's Representative. Agreement for Professional Services,Page 3 (4) The Work shall be designed and furnished in accordance with the most current codes and/or standards adopted by city, state, or federal government or in general custom and usage by the profession and shall comply with Texas Department of Licensing and Regulation's rules and regulations, including the Texas Accessibility Standards. (5) The codes and standards used in the profession set forth minimum requirements. These may be exceeded by the Contractor or Consultant if superior methods are available for successful operation of equipment and;or for the construction project on which the Work is performed. Any alternative codes or regulations used shall have requirements that are equivalent or better than those in the above-listed codes and regulations. Consultant shall state the alternative codes and regulations used. (6) Consultant agrees the services it provides as an experienced and qualified architect/engineer will reflect the professional standards, procedures and performances common in the industry for this project. Consultant further agrees that any analysis, reports, preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel and the performance of other services under this contract will be pursuant to the standard of performance common in the profession. (7) Consultant shall promptly correct any design or analytical errors, omissions, or deficiencies caused by Consultant at no cost to City. The City's approval, acceptance, use of or payment for all or any part of Consultant's services hereunder or of the Work itself shall in no way alter Consultant's obligations or the City's rights under this Agreement. As applicable, Consultant shall provide the City with record "as-built" drawings relating to the Work in an electronic format that is acceptable to the City. City shall be in receipt of record drawings, if applicable, prior to final payment. (8) Consultant has no control over the cost of labor, materials, equipment or services furnished by others, other than its subconsultants. Data projections and estimates are based upon Consultant's opinion based on experience and judgment. Consultant cannot and does not guarantee that actual costs and/or quantities realized will vary from the data projections and estimates prepared by Consultant. (9) Consultant shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software versions used shall be compatible to current City standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the City in PDF/TIF format. Agreement for Professional Services,Page 4 6. Schedule Consultant shall not proceed with the Work or any stage thereof until written notice to proceed is provided by the City's Representative. Consultant's obligation to render services specified in Exhibit "B" will be for the entire period necessary for the final completion of the construction of the Work. If the Consultant contributes to any delay in the schedule, Consultant will have no right to seek and shall not be entitled to any additional compensation. 7. Instruments of Service Upon execution of this Agreement, Consultant grants to the City an ownership interest in the Instruments of Service. Consultant shall obtain similar interests from the City and Consultant's consultants consistent with this Agreement. As noted in Articles 5 and 11, Consultant shall be required to tender to City all Instruments of Service. With such ownership interest, it is expressly understood by the parties hereto that the City may use the Instruments of Service for any purposes which the City sees fit, including, but not limited to, subsequent construction, reconstruction, alteration, and/or repairs of the Project. As a condition to the City's use of the Instruments of Service, the City hereby expressly agrees to remove Consultant's name and all references to Consultant and its consultants from the Documents. Provided that this Agreement is not terminated for cause by the City, the City shall release any and all claims which the City could make arising out of or in connection with any reuse of the documents by the City. 8. Insurance Consultant shall procure and maintain at its sole cost and expense for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, volunteers, employees or subconsultants. a. Consultant's General and Automobile insurance coverage shall be primary insurance with respect to the City, its officials, employees and agents. Any insurance or self-insurance maintained by the City, its officials, employees or agents shall be considered in excess of Consultant's insurance and shall not contribute to it. Further, Consultant shall include all subconsultants, agents and assigns as additional insureds under its umbrella 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 ■ Waiver of Subrogation required ■ Coverage shall be broad form ■ No coverage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance. Agreement for Professional Services.Page 5 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 Proj ect. ■ Waiver of Subrogation required. 4. Workers'Compensation ■ Statutory Limits ■ Employer's Liability$500,000 ■ Waiver of Subrogation required. b. The following shall be applicable to all policies of insurance required herein. 1. Insurance carrier for all liability policies must have an A.M. Best Rating of A(-): VII 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 canceled in coverage or in limits except after thirty (30) days prior written notice by mail, return receipt requested, has been given to the City. 5. The City, its officers, agents and employees are to be added as Additional Insureds to all liability policies, with the exception of the Workers' Compensation and Errors and Omissions Policies required herein. 6. Upon request and without cost to the City, certified copies of all insurance policies and/or certificates of insurance shall be furnished to the City. 7. Upon request and without cost to the City, loss runs (claims listing) of any and/or all insurance coverages shall be furnished to the City. 8. All insurance required herein shall be secured and maintained in a company or companies satisfactory to the City, and shall be carried in the name of Consultant. Consultant shall provide copies of insurance policies and endorsements required hereunder to the City on or before the effective date of this Agreement. Agreement for Professional Services,Page 6 9. Indemnification and Release (For architectural and engineering services ONLY) CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO AS THE "CITY") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY HIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE PROFESSIONAL OR THE CONSULTANT'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE CONSULTANT EXERCISES CONTROL (COLLECTIVELY, CONSULTANT'S PARTIES). IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH CONSULTANT AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONSULTANT TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF CONSULTANT'S PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE AS WELL AS THE CONSULTANT'S PARTIES' INTENTIONAL TORTS, INTELLECTUAL PROPERTY INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF ANY PERSON OTHER THAN THE CONSULTANT'S PARTIES. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY FROM WHICH THE CITY IS INDEMNIFIED, CONSULTANT FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS Agreement for Professional Services.Page 7 AGREEMENT, SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE SECTION 271.904 AND TEXAS CIVIL PRACTICE AND REMEDIES CODE SECTION 130.002. By this Agreement, the City does not consent to litigation or suit, and the City hereby expressly revokes any consent to litigation that it may have granted by the terms of this Contract or any other contract or agreement, any charter, or applicable state law. Nothing herein shall be construed so as to limit or waive the City's sovereign immunity. Consultant assumes full responsibility for its services performed hereunder and hereby releases, relinquishes and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with Consultant's services to be performed hereunder. This release shall apply with respect to Consultant's services regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. 10. Subcontractors and Subconsultants Consultant shall receive written approval of the City's Representative prior to the use of any subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or subcontractors shall be given to the City before execution of such contracts. 11. Termination of Consultant The City, besides all other rights or remedies it may have, shall have the right to terminate this Agreement without cause upon written notice from the City Manager to Consultant of the City's election to do so. Furthermore, the City may immediately and without notice terminate this Agreement if Consultant breaches this Agreement. A breach of this Agreement shall include, but not be limited to, the following: (a) failing to pay insurance premiums, liens, claims or other charges; (b) failing to pay any payments due the city, state, or federal government from Consultant or its principals, including, but not limited to, any taxes, fees, assessments, liens, or any payments identified in this Agreement; (c) the institution of voluntary or involuntary bankruptcy proceeding against Consultant; (d) the dissolution of Consultant; (e) refusing or failing to prosecute the Work or any separable part with the diligence that will ensure its completion within the time specified in this Agreement; (f) failing to complete Work within the time period specified in this Agreement; and/or (g) the violation of any provision of this Agreement. Agreement for Professional Services.Page 8 Upon delivery of any notice of termination required herein, Consultant shall discontinue all services in connection with the performance of the Agreement. Within ten(10) days after receipt of the notice of termination, Consultant shall submit a final statement showing in detail the services satisfactorily performed and accepted and all other appropriate documentation required herein for payment of services. At the same time that the final statement is tendered to the City, Consultant shall also tender to the City's Representative all of Consultant's instruments of service, including all drawings, special provisions, field survey notes, reports, estimates, and any and all other documents or work product generated by Consultant under this Agreement, whether complete or not, in an acceptable form and format together with all unused materials supplied by the City. No final payment will be made until all such instruments of service and materials supplied are so tendered. If this Agreement is terminated for cause, Consultant shall be liable for any damage to the City resulting therefrom. This liability includes any increased costs incurred by the City in completing Consultant's services. The rights and remedies of the City in this section are in addition to any other rights and remedies provided by law or under this Agreement. 12. Records Within ten (10) days of the City's request and at no cost to the City, the City will be entitled to review and receive a copy of all documents that indicate work on the Project that is subject to this Agreement. 13. Supervision of Consultant Consultant is an independent contractor, and the City neither reserves nor possesses any right to control the details of the Work performed by Consultant under the terms of this Agreement. 14. Billing The City shall have thirty (30) days to pay Consultant's invoices from the date of receipt of such invoices and necessary backup information. All invoices must identify with specificity the work or services performed and the date(s) of such work or services. In the event of a disputed or contested invoice, the parties understand and agree that the City may withhold the portion so contested, but the undisputed portion will be paid. Consultant shall invoice the City for work performed no more than once a month and may not invoice the City for work not performed. Invoices shall be received by the City no later than sixty (60) calendar days from the date Consultant and/or its subconsultants perform the services or incur the expense. Failure by Consultant to comply with this requirement shall result in Consultant's invoice being denied and the City being relieved from any liability for payment of the late invoice. 15. Indebtedness If Consultant, at any time during the term of this Agreement, incurs a debt, as the word is defined in section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately notify the City's Director of Finance in writing. If the City's Director of Finance becomes aware that Consultant has incurred a debt, the City's Director of Finance shall immediately notify Consultant in writing. If Consultant does not pay the debt within thirty (30) days of either such notification, the City's Director of Finance may deduct funds in an amount equal to the debt from any payments owed to Consultant under this Agreement, and Consultant waives any recourse therefor. Agreement for Professional Services,Page 9 16. Verifications The Consultant makes the following verifications in accordance with Chapters 2271 and 2274 of the Texas Government Code: a. the Consultant does not boycott Israel and will not boycott Israel during the term of the contract to be entered into with the City of Baytown; b. the Consultant does not boycott energy companies and will not boycott energy companies during the term of the contract to be entered into with the City of Baytown; and c. the Consultant does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association. 17. Reputation in the Community Consultant shall retain a high reputation in the community for providing professional architecturalengineering services. Consultant shall forward a copy of any current petition or complaint in any court of law which (a) asserts a claim for $50,000 or more for errors or omissions in providing architectural.engineering services and/or(b) seeks to deny Consultant the right to practice architecture,'engineering or to perform any other services in the state of Texas. 18. Payroll and Basic Records a. Consultant shall maintain payrolls and basic payroll records during the course of the work performed under this Agreement and shall preserve them for a period of three(3) years from the completion of the work called for under this Agreement for all personnel working on such work. Such records shall contain the name and address of each such employee, social security number, correct classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions made and actual wages paid. b. Consultant shall make the records required to be maintained under the preceding subsection (a) of this section available at no cost to the City for inspection, copying or transcription or its authorized representatives within fifteen (15) days of the City's request therefor. Consultant shall permit such representatives to interview Consultant's employees during working hours on the job. 19. Governing Law This Agreement has been made under and shall be governed by the laws of the State of Texas. The parties further agree that performance and all matters related thereto shall be in Harris County, Texas. 20. Notices Unless otherwise provided in this Agreement, any notice provided for or permitted to be given must be in writing and delivered in person or by depositing same in the United States mail, postpaid and registered or certified, and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party. Notice deposited in the mail as Aereement for Professional Services,Page 10 described above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of three (3)days after it is so deposited. For the purpose of notice, the addresses of the parties shall be as follows unless properly changed as provided for herein below: For the City: CITY OF BAYTOWN Attn: City Manager P. O. Box 424 Baytown, Texas 77522-0424 For Consultant: KIT PROFESSIONALS INC. Attn: Justin Bartlett, PhD, PE 2000 W Sam Houston Pkwy S. Suite 1400 Houston,TX 77042 Each party shall have the right from time to time at any time to change its respective address and each shall have the right to specify a new address, provided that at least fifteen (15) days written notice is given of such new address to the other party. 21. No Third-Party Beneficiary This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit Consultant and the City only. No person or entity not a signatory to this Agreement shall be entitled to rely on Professional's performance of its services hereunder, and no right to assert a claim against Professional by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Professional's services hereunder. 22. No Right to Arbitration Notwithstanding anything to the contrary contained in this Agreement, the City and Consultant hereby agree that no claim or dispute between the City and Consultant arising out of or relating to this Agreement shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. 23. Waiver No waiver by either party to this Agreement of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. Aereement for Professional Services,Page 11 24. Complete Agreement This Agreement represents the entire and integrated agreement between the City and Consultant in regard to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either whether written or oral, on the subject matter hereof. This Agreement may only be amended by written instrument approved and executed by both of the parties. The City and Consultant accept and agree to these terms. 25. No Assignment Consultant may not sell or assign all or part interest in this Agreement to another party or parties without the prior express written approval of the City Manager of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City. 26. Headings The headings used in this Agreement are for general reference only and do not have special significance. 27. Severability All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 28. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 29. Authority The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the 26th day of January, 2023, the date of execution by the City Manager of the City of Baytown. CITY OF BAYTOWN ATTEST: JASON E. REYNOLDS, City Manager ANGELA JACKSON, City Clerk Aereement for Professional Services.Page 12 APPROVED AS TO FORM: SCOTT LEMOND, City Attorney Agreement for Professional Services,Page 13 CONSULTANT: KIT Professionals,Inc. (Company ame) .�.A l (Signature) i Sunil N. Kommineni (Printed Name) President (Title) STATE OF TEXAS § COUNTY OF HARRIS § Before me on this day personally appeared Sunil N. Kommineni in his/her capacity as President _ of KIT Professionals,Inc., on behalf of such, ® known to me; ❑ proved to me on the oath of ; or ❑ proved to me through his/her current {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} (check one) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this 13 day of January ,202 Marilyn Maclnnes Q�4 Notary Public in and for the tat f Texas CV; MARILYN H MACINNES Notary ID...95073831 My Commission Expires August 10, 2025 Agreement for Professional Services,Page 14 Exhibit A City of Baytown WWTP TPDES Permit Renewal Services Scope of Services November 3, 2022 Introduction KIT Professionals, Inc. (KIT) proposes to provide the City of Baytown (City) wastewater treatment plant (WWTP) Texas Pollutant Discharge Elimination System (TPDES) permit renewal services for the City's West District, Central District, and East District WWI-Ps. The existing TPDES permits issued by the Texas Commission on Environmental Quality (TCEQ) for these facilities are set to expire in late October to early November 2023, and the City requested that KIT assist in the development and submittal of permit renewal applications. For this effort, KIT proposes the following scope of services: Scope of Services Tasks 1. Communication, Correspondence, and Meetings — Conduct kick-off meeting and one progress conference call to review draft application packages. Provide meeting/call minutes. Coordinate with the City regarding permit application signatures, submittals, and Public Notices, and attend public meeting, if required by the TCEQ. 2. Prepare TCEQ TPDES Administrative Reports — Task includes development of the TCEQ Administrative Report (TCEQ Form 10053) and the TCEQ Core Data Form (TCEQ Form 10400) for each of the three listed WWTPs. These forms convey to the TCEQ administrative information regarding the utility, the permitted facility, and the proposed permit application type. KIT will obtain data from the City and complete these forms, which will be included in the permit amendment application package to the TCEQ. 3. Prepare TCEQ TPDES Technical Reports — Task includes development of the TCEQ Technical Report (TCEQ Form 10054). This form contains detailed information regarding WWTP flows, treatment processes, wastewater quality, and effluent discharge approach, and outfall location. These data information the quantitative aspects of the permit limit calculations and are specific to each facility. KIT will obtain data from the City and complete these forms, which will be included in the permit amendment application package to the TCEQ. 4. Submit and Process TCEQ Permit Application Documents — Task includes assembling the final permit amendment application package and submitting all required documents to the TCEQ. KIT will address any regulatory comments and provide permit application support throughout the permit review process. Support services will include translation of public notices into Spanish, if required by the TCEQ, and review of draft permit language and requirements. Page 1 Exhibit A cont. City of Baytown I WWTP TPDES Permit Renewal Services Scope of Services November 3, 2022 Assumptions This Scope of Work assumes the following: • The TPDES permit applications will be for routine permit renewals with no process modifications or proposed construction, and the listed application fee is based on this application type. Proposed process modification, changes in permitted discharges, or proposed construction significantly increase the TCEQ data requirements and associated level of effort and would therefore require additional funding. • The City will provide the 2018 TPDES Permit renewal applications to be used as reference during 2023 permit application development. KIT already has copies of the approved TCEQ permits for these facilities. • The City will collect and provide all necessary facility infrastructure, operations, and laboratory analytical data to complete the permit applications within three weeks of kickoff meeting. • KIT will provide alternative language (i.e., Spanish)translation of TCEQ public notification language. However, the City will coordinate the publication of these notices in local newspapers directly with publishers. It is further anticipated that each permit renewal will require the following components from the application checklist: • TCEC Administrative Report o Administrative Report 1.0 o TCEQ Core Data Form o Labeled USGS Topographic Map o Supplemental Project Information Form (SPIF) and Map • TCEQ Technical Report o Technical Report 1.0 o Worksheet 2.0 o Worksheet 4.0 o Worksheet 5.0 o Worksheet 6.0 o Process Flow Diagram o Site Drawing(s) o Laboratory Reports o Pass Through Events, if any It is assumed that unlisted worksheets, including Administrative Report 1.1, Technical Report 1.1, and associated attachments (e.g., Affected Landowners Map, landowner address labels, site plan map and original photographs, Buffer Zone Map, Wind Rose Map, and Solids Management Plan), will not be required. Page;2 City of Baytown I VANTP TPDES Permit Renewal Services Scope of Services November 3,2022 Schedule The permit application preparation services are anticipated to be performed over a period of approximately 3 months from the date of notice to proceed. However, the TCEQ indicates that the application review process can take as long as 180 calendar days from acceptance of a completed application.A proposed schedule for the various tasks is shown as follows: WWfP TPDE3 Pemit Rnrnal Sedras — — �� Td/lertr ^ S i� 1 r�0 I IWLArI —t IObt IDil I�l]N) L Y I se. Oe I p R W WTP MM P—M Renewal 213 days Wed Tw Selkes 1/4/23 10/31/23 t 4IR ssws. haeed gst1 s.4 Odrys Wed IAn3 Wed Van& (A--d NTP) 114 7- R kaeO a hcded eeyell LWtwe s de Wed 1/4/23 Tw MOM 3 R Tas11.CO-n-AM00% 210 drys Trw 1/10/23 Ta COerePOrdente.and Ahethrw 10/31123 Pr9lerr Mkal MMFa O drys T.1/IOM Tw 1110M ►moles 1/10 3 R ft*e Corrtmrmka1h k Apparatbn 2104rys Wed Tee Cmnfirwb andho)etCertvels 1/11/73 10/31/23 6 t Ta k 2.Pnpara TCEQ TPOES 40 days W W Tw 3/7/23 AdmMhnatlw Opens 1/11/23 T R Dau COMctbn 15 darn W W lw u3ln3 JII in1/33 a R DOMW TCEQ Core Da s 2Pmn 10 days Wed 2/1/23 Tw 2/1e/23 9 R Dereldp TCEQAdmeastrahv 25 days Wed 2/1/23 Tw 1/2/23 Rlpo 10 R TCEQ AdmkdW.U.Report 0 days T.3/7/23 Tw 3/T/23 TCEQ RapOre tt R lsdh 1.prepare TCEQ TPOES Tededral 3S days Wed 2/1/23 Tw 3/2I/23 Repents tt R Desf400 TClO Technwo Reo" 35 drys wed l/1/13 Tw3/21/23 13 R TC(Q7KIV*al Reports 0days Tw 3/21/23 Tw 3/21/23 f TC[Q Teehetkl Report 7R1 la 1 R lash d.SubtM ed haws TCEQ 132 Gas Wed Thu Permit ApPOtatbn Doeemerm 3/22/23 10/19/23 IS R Cay 0-1—ud Conanaa 10dan Wed 3/2212)Ta 4JC/23 My Redw to ! R FNWe ed Suartn Paint Padape 10 drys Wed aAnl T-a/1M3 I IT R P—At Appl.U— Odays Tw 4/18/23 Tw4/I8/23 Parch Applkadeas a'e/Ia to R TCEQ RrAM P—ss 131drys Wed V19n)rhu IOIIW23 r 19 -1 TCEQ P—MI Re—Is(Es,1 0 days Thu Th. IQ/19/23 10/19/21 TCEQ Perms Rerarab(En.)4110/19 Page;3 City of Baytown I WWTP TPDES Permit Renewal Services Scope of Services November 3,2022 Proposed Fee Schedule and Fee KIT proposes to perform the above-described Scope of Services on a task-specific,lump-sum basis per the below schedules. More detailed cost information is provided in Attachment 1. Fee Schedule DescriptionTask 1 Communication,Correspondence,and Meetings $8,760 2 Prepare TCEQ TPDES Administrative Reports $13,140 3 Prepare TCEQ TPDES Technical Reports $23,400 4 Submit and Process TCEQ Permit Application Documents $13,680 Subtotal Labor Cost $58,980 TCEQ Permit Renewal Fees $6,045 Delivery and Postage $600 Supplies(binders,reproduction costs,USGS Quadrangle maps) $225 Subtotal Non-Labor Cost $6,870 Total Estimated Cost 1 $65,850 KIT Rate Schedule(Fully Loaded) Position Hourly Rate Project Manager $225.00 Project Engineer $135.00 Graduate Engineer $120.00 Administrative Assistant $75.00 Page 4 Exhibit C cont. CITY OF BAYTOWN,TEXAS _,-__--_- WWTP TPDES PERMIT RENEWAL SERVICES QWTIWI LEVEL OF EFFORT AND FEE ESTIMATE Task Raw $75 $45 $40 $25 Billing Rate 3 0 X Cost Rate $225 $135 $120 $75 Project Role Project Manager Engineer ll Engineer) GIS Analyst/ Admin.Asst. Hour Cost Hour Cost Hour Cost Hour Cost Hours Cost 1 Communication,Correspondence,and Meetings A Kickoff and Progress Meeting 8 $1,800 16 $2 160 - 24 $3,960 B Project coordination and correspondence with City 8 $1,800 - - 8 $1,800 C lRoutine Project Controls(monthly invoices and progress reports) 10 $2,2S0 - 30 $750 20 $3,000 Communication,Correspondence,and Meetings 26 1 $5,850 16 2,160 - - 10 $7S0 52 $8,760 2 Prepare TCEQ TPDES Administrative Reports A West District WWTP TPDES Administrative Report 4 $900 8 $1,080 20 $2,400 - 32 $4,380 B Central District WWTP TPDES Administrative Report 4 $900 8 $1,080 20 $2,400 32 $4,380 C East District WWTP TPDES Administrative Report 4 $900 8 $1,080 20 $2,400 - 32 $4,380 Prepare TCEQTPDES Administrative Reports 12 $2,700 24 $3,240 60 $7,200 - - 96 $13,140 3 Prepare TCEQ TPDES Technical Reports A West District WWTP TPDES Technical Report 8 $1,800 16 $2,160 32 $3,840 - 56 $7,800 B Central District WWTP TPDES Technical Report 8 $1,900 16 $2,160 32 $3,840 - 56 $7,900 C East District WWTP TPDES Technical Report 8 $1,00 16 $2,160 32 $3,840 - 56 $7,800 Prepare TCEQ TPDES Technical Reports 24 $5,400 48 $6,480 96 1 $11520 - - 168 $23,400 4 Submit and Process TCEQPermlt Applcation Documents A West District WWTP TPDES Submittal and Processing 8 $1,800 4 $540 16 $1,920 4 $300 32 $4,560 B Central District WWTP TPDES Submittal and Processing 8 $1,800 4 $540 16 $1,920 4 $300 32 $4,560 C East District W WTP TPDES Submittal and Processing 8 $1,800 4 $540 16 $1,920 4 $300 32 $4,560 Submit and Process TCEQ Permit Application Documents 24 $S,400 12 $1,620 48 $5,760 12 $900 96 $13,680 WWTP TPDES Permit Renewal Services labor Total 86 1 $19,350 100 1 $13,500 1 204 1 $24,490 22 1 $1,650 412 1 $58,980 Other Direct Costs Unit City Unit Expense Cost Cost Item No. Expense Item 1 TCEQ Application Fees for TPDES Renewal 3 $2,01S $6,045 2 Delivery and Postage 3 $ 200 $600 3 Supplies(binders,reproduction costs,etc) 3 $ 75 $225 Other Direct Costs Subtotal $6,870 WWTP TPOES Permit Rerrowal Services Tots $65,g50 11/1/2022 Page 1 of 1 R KIT AGREEMENT FOR CONSULTING SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This Agreement (this "Agreement") is entered into by and between KIT Professionals Inc. (hereinafter "Consultant") and the City of Baytown, a home-rule municipality located in Harris and Chambers Counties, Texas (the "City"). 1. Scope of Services/Consultant Fees This Agreement authorizes Consultant to perform engineering services for the development of City of Baytown's TPDES permit renewal applications (the "Work") for and on behalf of the City. The scope of the Work is detailed in Exhibit "A." The time schedules for the Work are specified in Exhibit "B." The compensation and professional fees for Consultant and its subconsultants is more particularly described in Exhibit "C" and shall not exceed SIXTY-FIVE THOUSAND EIGHT HUNDRED FIFTY AND 00/100 DOLLARS ($65,850.00). Each of these Exhibits "A" through "C" are incorporated into this Agreement by reference for all purposes. 2. Compensation and Professional Fees a. The City shall pay Consultant in installments based upon monthly progress reports and detailed invoices submitted by the Consultant based upon the following: 1. Communication, Correspondence, and Meetings.....................................$8,760 2. Prepare TCEQ TPDES Administrative Reports.....................................$13,140 3. Prepare TCEQ TPDES Technical Reports .............................................$23,400 4. Submit and Process TCEQ Permit Application Documents...................$13,680 5. Reimbursable Expenses (Not to Exceed)..................................................$6,870 6. Total.......................................................................................................$65,850 b. For an agreed contract amount identified as "Lump Sum," "Not to Exceed" and "Reimbursable," Consultant shall not exceed the fixed contractual amount without written authorization in the form of a Contract amendment. C. Reimbursable Expenses, as shown in Exhibit "B," are itemized by work category. Reimbursable Expenses shall be invoiced AT COST, without subsequent markup by Consultant. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per allowable category. (1) Allowable reimbursable Expenses include: (a) Hard copy reproductions, copies, and/or binding costs; (b) Postage; (c) Mileage, for travel from Consultant's local office (within a 25-mile radius) to meetings at the City or jobsite. Mileage shall be charged at the current IRS rates; Agreement for Consulting Services Page I (d) Travel Expenses, mileage from local office to state or federal regulatory agency office beyond 100 miles; and (e) Lodging expenses for destinations beyond 100 miles from Consultant's local office AND when business hours exceed eight hours within one business day OR when Consultant's services require more than one eight-hour day at the destination; provided such expenses has been approved in writing by the City. (2) Disallowed Expenses include travel expenses for professional expertise traveling into the Greater Houston Area from Consultant's office outside the Greater Houston Area. d. Consultant shall invoice based upon total services actually completed during the applicable month. Invoices and all required or requested backup information shall be tendered no more often than once a month. Consultant shall not invoice the City for services or expenses that were incurred more than sixty (60) days before the date of the invoice. Failure to timely invoice the City for services or expenses shall result in Consultant's invoice being denied. e. In the event of a disputed or contested invoice, the City may withhold from payment that portion so disputed or contested, and the undisputed portion will be paid. 3. Personnel of Consultant a. Consultant's Project Manager Consultant shall designate Dr. Justin Bartlet, to serve as Project Manager for the Work performed under this Agreement. Any change of Project Manager shall require thirty(30) days advance written approval from the City's Representative. b. Licensed and Registered Architects/Engineers Consultant shall keep full-time registered architects and/or engineers licensed in the State of Texas on staff and assigned to the Work for the duration of its performance of the Work. C. Data on Consultant's Employees Prior to commencement of the Work, Consultant shall forward to the City a detailed resume of the personnel that will be assigned to the Work. Such personnel shall include, but not be limited to, architects and/or engineers as applicable. d. Rejection of Consultant's Employees The City reserves the right to approve or reject from the Work any employees of Consultant. Aereement for Professional Services,Page 2 4. Designation and Duties of the City's Representative a. The City's Director of Public Works and Engineering or their designee shall act as the City's Representative. b. The City's Representative shall use his best efforts to provide nonconfidential City records for Consultant's usage on the Work and to provide access to City's property and easements. However, the City does not guarantee the accuracy or correctness of the documents so provided. Notwithstanding the foregoing, Professional shall be entitled to use and rely upon information provided by the City in performing the services required under this Agreement only to the extent and level specified by the City in writing for each document provided. Nothing contained herein shall be construed to require the City to provide such records in any certain format. The format in which the existing data and documentation will be provided shall be at the sole discretion of the City. 5. Standards of Performance a. Consultant shall perform all services under this Agreement with the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances, time and locality. Opinion of probable cost shall be based upon the Consultant's experience and represent its best judgment as an experienced and qualified professional. Each submittal of opinion of probable cost shall be commensurate with the project design. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and the City shall not be responsible for discovering design errors, omissions, or deficiencies therein. Consultant shall correct such design errors,omissions, or deficiencies without additional compensation. b. Codes and Standards (1) All references to codes, standards, environmental regulations and/or material specifications shall be to the latest revision, including all effective supplements or addenda thereto, as of the date that the order for any necessary equipment is made by the City or that the construction specified is bid by the City. (2) If any such equipment is specially manufactured, it shall be identified to the City, and the Contractor and the Seller shall present sufficient data to the City to support the design and the suitability of the equipment. (3) All materials specified on any City project shall be in accordance with City, ASTM, ACI, and AASHTO specifications, and with other recognized standards. Proprietary material or other materials for which no generally recognized standards exist may be used provided there has been at least five (5) years of proven experience in the field, and such satisfactory documentation has been approved by the City's Representative. Agreement for Professional Services Page 3 (4) The Work shall be designed and furnished in accordance with the most current codes and/or standards adopted by city, state, or federal government or in general custom and usage by the profession and shall comply with Texas Department of Licensing and Regulation's rules and regulations, including the Texas Accessibility Standards. (5) The codes and standards used in the profession set forth minimum requirements. These may be exceeded by the Contractor or Consultant if superior methods are available for successful operation of equipment and/or for the construction project on which the Work is performed. Any alternative codes or regulations used shall have requirements that are equivalent or better than those in the above-listed codes and regulations. Consultant shall state the alternative codes and regulations used. (6) Consultant agrees the services it provides as an experienced and qualified architect/engineer will reflect the professional standards, procedures and performances common in the industry for this project. Consultant further agrees that any analysis, reports, preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel and the performance of other services under this contract will be pursuant to the standard of performance common in the profession. (7) Consultant shall promptly correct any design or analytical errors, omissions, or deficiencies caused by Consultant at no cost to City. The City's approval, acceptance, use of or payment for all or any part of Consultant's services hereunder or of the Work itself shall in no way alter Consultant's obligations or the City's rights under this Agreement. As applicable, Consultant shall provide the City with record "as-built" drawings relating to the Work in an electronic format that is acceptable to the City. City shall be in receipt of record drawings, if applicable, prior to final payment. (8) Consultant has no control over the cost of labor, materials, equipment or services furnished by others, other than its subconsultants. Data projections and estimates are based upon Consultant's opinion based on experience and judgment. Consultant cannot and does not guarantee that actual costs and/or quantities realized will vary from the data projections and estimates prepared by Consultant. (9) Consultant shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software versions used shall be compatible to current City standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the City in PDF/TIF format. Agreement for Professional Services,Page 4 6. Schedule Consultant shall not proceed with the Work or any stage thereof until written notice to proceed is provided by the City's Representative. Consultant's obligation to render services specified in Exhibit "B" will be for the entire period necessary for the final completion of the construction of the Work. If the Consultant contributes to any delay in the schedule, Consultant will have no right to seek and shall not be entitled to any additional compensation. 7. Instruments of Service Upon execution of this Agreement, Consultant grants to the City an ownership interest in the Instruments of Service. Consultant shall obtain similar interests from the City and Consultant's consultants consistent with this Agreement. As noted in Articles 5 and 11, Consultant shall be required to tender to City all Instruments of Service. With such ownership interest, it is expressly understood by the parties hereto that the City may use the Instruments of Service for any purposes which the City sees fit, including, but not limited to, subsequent construction, reconstruction, alteration, and/or repairs of the Project. As a condition to the City's use of the Instruments of Service, the City hereby expressly agrees to remove Consultant's name and all references to Consultant and its consultants from the Documents. Provided that this Agreement is not terminated for cause by the City, the City shall release any and all claims which the City could make arising out of or in connection with any reuse of the documents by the City. 8. Insurance Consultant shall procure and maintain at its sole cost and expense for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, volunteers, employees or subconsultants. a. Consultant's General and Automobile insurance coverage shall be primary insurance with respect to the City, its officials, employees and agents. Any insurance or self-insurance maintained by the City, its officials, employees or agents shall be considered in excess of Consultant's insurance and shall not contribute to it. Further, Consultant shall include all subconsultants, agents and assigns as additional insureds under its umbrella 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 ■ Waiver of Subrogation required ■ Coverage shall be broad form ■ No coverage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance. Ap,reement for Professional Services,Page 5 2. Business Automobile Policy ■ Combined Single Limits: $1,000,000 ■ Coverage for "Any Auto" ■ Waiver of Subrogation required. 3. Errors and Omissions ■ Limit: $1,000,000 for this project ■ For all architects, engineers, and/or design companies ■ Claims-made form is acceptable ■ Coverage will be in force for one (1) year after completion of the Project. ■ Waiver of Subrogation required. 4. Workers' Compensation ■ Statutory Limits ■ Employer's Liability$500,000 ■ Waiver of Subrogation required. b. The following shall be applicable to all policies of insurance required herein. 1. Insurance carrier for all liability policies must have an A.M. Best Rating of A(-): VII 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 canceled in coverage or in limits except after thirty (30) days prior written notice by mail, return receipt requested, has been given to the City. 5. The City, its officers, agents and employees are to be added as Additional Insureds to all liability policies, with the exception of the Workers' Compensation and Errors and Omissions Policies required herein. 6. Upon request and without cost to the City, certified copies of all insurance policies and/or certificates of insurance shall be furnished to the City. 7. Upon request and without cost to the City, loss runs (claims listing) of any and/or all insurance coverages shall be furnished to the City. 8. All insurance required herein shall be secured and maintained in a company or companies satisfactory to the City, and shall be carried in the name of Consultant. Consultant shall provide copies of insurance policies and endorsements required hereunder to the City on or before the effective date of this Agreement. Agreement for Professional Services,Page 6 9. Indemnification and Release(For architectural and engineering services ONLY) CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO AS THE "CITY") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY HIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE PROFESSIONAL OR THE CONSULTANT'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE CONSULTANT EXERCISES CONTROL (COLLECTIVELY, CONSULTANT'S PARTIES). IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH CONSULTANT AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONSULTANT TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF CONSULTANT'S PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE AS WELL AS THE CONSULTANT'S PARTIES' INTENTIONAL TORTS, INTELLECTUAL PROPERTY INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF ANY PERSON OTHER THAN THE CONSULTANT'S PARTIES. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY FROM WHICH THE CITY IS INDEMNIFIED, CONSULTANT FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS Agreement for Professional Services,Page 7 AGREEMENT, SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE SECTION 271.904 AND TEXAS CIVIL PRACTICE AND REMEDIES CODE SECTION 130.002. By this Agreement, the City does not consent to litigation or suit, and the City hereby expressly revokes any consent to litigation that it may have granted by the terms of this Contract or any other contract or agreement, any charter, or applicable state law. Nothing herein shall be construed so as to limit or waive the City's sovereign immunity. Consultant assumes full responsibility for its services performed hereunder and hereby releases, relinquishes and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with Consultant's services to be performed hereunder. This release shall apply with respect to Consultant's services regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. 10. Subcontractors and Subconsultants Consultant shall receive written approval of the City's Representative prior to the use of any subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or subcontractors shall be given to the City before execution of such contracts. 11. Termination of Consultant The City, besides all other rights or remedies it may have, shall have the right to terminate this Agreement without cause upon written notice from the City Manager to Consultant of the City's election to do so. Furthermore, the City may immediately and without notice terminate this Agreement if Consultant breaches this Agreement. A breach of this Agreement shall include, but not be limited to, the following: (a) failing to pay insurance premiums, liens, claims or other charges; (b) failing to pay any payments due the city, state, or federal government from Consultant or its principals, including, but not limited to, any taxes, fees, assessments, liens, or any payments identified in this Agreement; (c) the institution of voluntary or involuntary bankruptcy proceeding against Consultant; (d) the dissolution of Consultant; (c) refusing or failing to prosecute the Work or any separable part with the diligence that will ensure its completion within the time specified in this Agreement; (f) failing to complete Work within the time period specified in this Agreement; and/or (g) the violation of any provision of this Agreement. Agreement for Professional Services,Page 8 Upon delivery of any notice of termination required herein, Consultant shall discontinue all services in connection with the performance of the Agreement. Within ten (10) days after receipt of the notice of termination, Consultant shall submit a final statement showing in detail the services satisfactorily performed and accepted and all other appropriate documentation required herein for payment of services. At the same time that the final statement is tendered to the City, Consultant shall also tender to the City's Representative all of Consultant's instruments of service, including all drawings, special provisions, field survey notes, reports, estimates, and any and all other documents or work product generated by Consultant under this Agreement, whether complete or not, in an acceptable form and format together with all unused materials supplied by the City. No final payment will be made until all such instruments of service and materials supplied are so tendered. If this Agreement is terminated for cause, Consultant shall be liable for any damage to the City resulting therefrom. This liability includes any increased costs incurred by the City in completing Consultant's services. The rights and remedies of the City in this section are in addition to any other rights and remedies provided by law or under this Agreement. 12. Records Within ten (10) days of the City's request and at no cost to the City, the City will be entitled to review and receive a copy of all documents that indicate work on the Project that is subject to this Agreement. 13. Supervision of Consultant Consultant is an independent contractor, and the City neither reserves nor possesses any right to control the details of the Work performed by Consultant under the terms of this Agreement. 14. Billing The City shall have thirty (30) days to pay Consultant's invoices from the date of receipt of such invoices and necessary backup information. All invoices must identify with specificity the work or services performed and the date(s) of such work or services. In the event of a disputed or contested invoice, the parties understand and agree that the City may withhold the portion so contested, but the undisputed portion will be paid. Consultant shall invoice the City for work performed no more than once a month and may not invoice the City for work not performed. Invoices shall be received by the City no later than sixty (60) calendar days from the date Consultant and/or its subconsultants perform the services or incur the expense. Failure by Consultant to comply with this requirement shall result in Consultant's invoice being denied and the City being relieved from any liability for payment of the late invoice. 15. Indebtedness If Consultant, at any time during the term of this Agreement, incurs a debt, as the word is defined in section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately notify the City's Director of Finance in writing. If the City's Director of Finance becomes aware that Consultant has incurred a debt, the City's Director of Finance shall immediately notify Consultant in writing. If Consultant does not pay the debt within thirty (30) days of either such notification, the City's Director of Finance may deduct funds in an amount equal to the debt from any payments owed to Consultant under this Agreement, and Consultant waives any recourse therefor. Agreement for Professional Services,Page 9 16. Verifications The Consultant makes the following verifications in accordance with Chapters 2271 and 2274 of the Texas Government Code: a. the Consultant does not boycott Israel and will not boycott Israel during the term of the contract to be entered into with the City of Baytown; b. the Consultant does not boycott energy companies and will not boycott energy companies during the term of the contract to be entered into with the City of Baytown; and c. the Consultant does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association. 17. Reputation in the Community Consultant shall retain a high reputation in the community for providing professional architectural/engineering services. Consultant shall forward a copy of any current petition or complaint in any court of law which (a) asserts a claim for $50,000 or more for errors or omissions in providing architectural/engineering services and/or (b) seeks to deny Consultant the right to practice architecture/engineering or to perform any other services in the state of Texas. 18. Payroll and Basic Records a. Consultant shall maintain payrolls and basic payroll records during the course of the work performed under this Agreement and shall preserve them for a period of three(3) years from the completion of the work called for under this Agreement for all personnel working on such work. Such records shall contain the name and address of each such employee, social security number, correct classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions made and actual wages paid. b. Consultant shall make the records required to be maintained under the preceding subsection (a) of this section available at no cost to the City for inspection, copying or transcription or its authorized representatives within fifteen (15) days of the City's request therefor. Consultant shall permit such representatives to interview Consultant's employees during working hours on the job. 19. Governing Law This Agreement has been made under and shall be governed by the laws of the State of Texas. The parties further agree that performance and all matters related thereto shall be in Harris County, Texas. 20. Notices Unless otherwise provided in this Agreement, any notice provided for or permitted to be given must be in writing and delivered in person or by depositing same in the United States mail, postpaid and registered or certified, and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party. Notice deposited in the mail as Agreement for Professional Services,Page 10 described above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of three (3) days after it is so deposited. For the purpose of notice, the addresses of the parties shall be as follows unless properly changed as provided for herein below: For the City: CITY OF BAYTOWN Attn: City Manager P. O. Box 424 Baytown, Texas 77522-0424 For Consultant: KIT PROFESSIONALS INC. Attn: Justin Bartlett, PhD, PE 2000 W Sam Houston Pkwy S. Suite 1400 Houston, TX 77042 Each party shall have the right from time to time at any time to change its respective address and each shall have the right to specify a new address, provided that at least fifteen (15) days written notice is given of such new address to the other party. 21. No Third-Party Beneficiary This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit Consultant and the City only. No person or entity not a signatory to this Agreement shall be entitled to rely on Professional's performance of its services hereunder, and no right to assert a claim against Professional by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Professional's services hereunder. 22. No Right to Arbitration Notwithstanding anything to the contrary contained in this Agreement, the City and Consultant hereby agree that no claim or dispute between the City and Consultant arising out of or relating to this Agreement shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. 23. Waiver No waiver by either party to this Agreement of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. Agreement for Professional Services,Page 11 24. Complete Agreement This Agreement represents the entire and integrated agreement between the City and Consultant in regard to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either whether written or oral, on the subject matter hereof. This Agreement may only be amended by written instrument approved and executed by both of the parties. The City and Consultant accept and agree to these terms. 25. No Assignment Consultant may not sell or assign all or part interest in this Agreement to another party or parties without the prior express written approval of the City Manager of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City. 26. Headings The headings used in this Agreement are for general reference only and do not have special significance. 27. Severability All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 28. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 29. Authority The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the .6tC day of January, 2023, the date of execution by the City Manager of the City of Baytown. CITY OF BAYTOWN ATTEST: 5JASE. REYN S, City Manager Oc.BAY7(1�b;.• `�Q • Il ANGEL. JACKSON, City Cler 0S ° OF 1 Ajzreement for Professional Services,Page 12 -' APPROVED AS TO FORM: �b SCOTT LE OND, City Attorney Agreement for Professional Services Page 13 CONSULTANT: KIT Professionals,Inc. (Company . ame) (Signature) Sunil N. Kommineni (Printed Name) President (Title) STATE OF TEXAS § COUNTY OF HARRIS § Before me on this day personally appeared Sunil N. Kommineni in his/her capacity as President _of KIT Professionals,Inc., on behalf of such, ® known to me; ❑ proved to me on the oath of ; or ❑ proved to me through his/her current {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} (check one) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this 13 day of January , 2p2 Marilyn Maclnnes VA*\ - Notary Public in and for the tat f Texas ;O<1�Y ALp� MARILYN N MACINNES Notary M.a5073831 My Commission Expires ''Focttit August 10, 2025 Agreement for Professional Services,Page 14 City of Baytown WWTP TPDES Permit Renewal Services Scope of Services November 3, 2022 Introduction KIT Professionals, Inc. (KIT) proposes to provide the City of Baytown (City) wastewater treatment plant (WWTP) Texas Pollutant Discharge Elimination System (TPDES) permit renewal services for the City's West District, Central District, and East District WWTPs. The existing TPDES permits issued by the Texas Commission on Environmental Quality (TCEQ) for these facilities are set to expire in late October to early November 2023, and the City requested that KIT assist in the development and submittal of permit renewal applications. For this effort, KIT proposes the following scope of services: Scope of Services Tasks 1. Communication, Correspondence, and Meetings — Conduct kick-off meeting and one progress conference call to review draft application packages. Provide meeting/call minutes. Coordinate with the City regarding permit application signatures, submittals, and Public Notices, and attend public meeting, if required by the TCEQ. 2. Prepare TCEQ TPDES Administrative Reports — Task includes development of the TCEQ Administrative Report (TCEQ Form 10053) and the TCEQ Core Data Form (TCEQ Form 10400) for each of the three listed WWTPs. These forms convey to the TCEQ administrative information regarding the utility, the permitted facility, and the proposed permit application type. KIT will obtain data from the City and complete these forms, which will be included in the permit amendment application package to the TCEQ. 3. Prepare TCEQ TPDES Technical Reports — Task includes development of the TCEQ Technical Report (TCEQ Form 10054). This form contains detailed information regarding WWTP flows, treatment processes, wastewater quality, and effluent discharge approach, and outfall location. These data information the quantitative aspects of the permit limit calculations and are specific to each facility. KIT will obtain data from the City and complete these forms, which will be included in the permit amendment application package to the TCEQ. 4. Submit and Process TCEQ Permit Application Documents — Task includes assembling the final permit amendment application package and submitting all required documents to the TCEQ. KIT will address any regulatory comments and provide permit application support throughout the permit review process. Support services will include translation of public notices into Spanish, if required by the TCEQ, and review of draft permit language and requirements. Page 1 City of Baytown I WWTP TPDES Permit Renewal Services Scope of Services November 3, 2022 Assumptions This Scope of Work assumes the following: • The TPDES permit applications will be for routine permit renewals with no process modifications or proposed construction, and the listed application fee is based on this application type. Proposed process modification, changes in permitted discharges, or proposed construction significantly increase the TCEQ data requirements and associated level of effort and would therefore require additional funding. • The City will provide the 2018 TPDES Permit renewal applications to be used as reference during 2023 permit application development. KIT already has copies of the approved TCEQ permits for these facilities. • The City will collect and provide all necessary facility infrastructure, operations, and laboratory analytical data to complete the permit applications within three weeks of kickoff meeting. • KIT will provide alternative language (i.e., Spanish)translation of TCEQ public notification language. However, the City will coordinate the publication of these notices in local newspapers directly with publishers. It is further anticipated that each permit renewal will require the following components from the application checklist: • TCEC Administrative Report Administrative Report 1.0 TCEQ Core Data Form o Labeled USGS Topographic Map o Supplemental Project Information Form (SPIF) and Map • TCEQ Technical Report o Technical Report 1.0 o Worksheet 2.0 o Worksheet 4.0 o Worksheet 5.0 o Worksheet 6.0 o Process Flow Diagram o Site Drawing(s) Laboratory Reports Pass Through Events, if any It is assumed that unlisted worksheets, including Administrative Report 1.1, Technical Report 1.1, and associated attachments (e.g., Affected Landowners Map, landowner address labels, site plan map and original photographs, Buffer Zone Map, Wind Rose Map, and Solids Management Plan), will not be required. Page 12 City of Baytown I WWTP TPDES Permit Renewal Services Scope of Services November 3,2022 Schedule The permit application preparation services are anticipated to be performed over a period of approximately 3 months from the date of notice to proceed. However, the TCEQ indicates that the application review process can take as long as 180 calendar days from acceptance of a completed application.A proposed schedule for the various tasks is shown as follows: W WTP TPDES Permit Roomal Semicas 8 d Tus Nrry 'Ovaaen furl TND1 QYLmlt �Ovklan Oat E4tl al.All o ai WWTp riDES PerrtRl Rertewal xis days wed Tue - '� 5 kes 1/4/23 10/31/23 + ----s-•--••� 1 i fa k.sea—e IEslme M Odrys Wed 1/4/23 WsA 114123 (Assumed NIP) 114 2 t SNMuk P"W"tkkod MM" 5dry0 Wed 1/4123 Tue 1/10n3 3 f4 Task 1.Cp rdndee, 210 days Tut 1/10/23 Tue Crlrcespoeder Mat Metdnis 10/31/23 4 ft Prolecl s%W mwft Odap Tue l/{Qry3 he 1/30Q3 Prufeal Rid 2t MteWp T/3p S �[ Project C—unketkp Apphcrtbn 210 dap Wed Tut Caprdtlatks4 and Project Controh 1/11/23 10/31/33 6 R Task 2.Pmpt TC1Q TPOES 40 dap Wait Tue 3/7/23 Adminhtrathv Reports 1/12/23 7 -4 W.Coaactbn 1S days Wad Tue 1/31123 1/13R3 E R Develop TCEQ Cose OM EW111f 10 dap Wed 2/1/23 Tut 1/14123 Develop TCEQ AdmtNssradve 2S dap Wed 211123 Tut 3/7/23 Reports so -a TCEQ Admbhussin Reports Oda, Tue 3M23 Tue 3/7123 TCEQ Admbl61ra4:n Raj- 11 a; Tad 3.Propose TCEQ TPDES Ttchr kal 35 drys Wed 2/3/23 Tue 3121M Reports 12 e4 Dlvelpa TClQTednky Reports 35 dap WW2A/23 Tue3/21/23 13 44 TCEQT¢Inkal Reports 0dap Tue 3/21/23 Toe 3/21/23 TCEQ T-bnk.1 Ropprts 3/21 14 aak Task A.SUWMt and Psesess TCEQ 1S2 dap Wed Thu ►ermtt AOpikadols DPslsmtnts 3/22/13 10/19/23 -. 15 1 Coy bWre Cammmt 10 drys WN V22/23 T-1/103 my vwN10 16 a4 Nnabe W SubM Isms[Parlape 10 dory Wed4/Sn3 Tue4/t3n3 17 R Portrait Appkatro s 0days Tue 4/12/23 Tue 4/13123 PMMt AppOratlerls a;4/ia to f4 rao RF Pre[ns 132 days Wed4/19/23 Thu 1N39n3 41 t9 elk TCEQ Permh ReneWah(Est I Oda" Thu Thu 10/19/23 10/19121 TCEQ P—ail Rar—ft(Est) totit Page 3 Coy of Baytown I VW TP TPDES Permit Renewal Services Scope of Services November 3,2022 Proposed Fee Schedule and Fee KIT proposes to perform the above-described Scope of Services on a task-specific,lump-sum basis per the below schedules.More detailed cost information is provided in Attachment 1. Fee Schedule DescriptionTask 1 Communication,Correspondence,and Meetings $8,760 2 Prepare TCEQ TPDES Administrative Reports $13,140 3 Prepare TCEQ TPDES Technical Reports $23,400 4 Submit and Process TCEQ Permit Application Documents $13,680 Subtotal Labor Cost $58,980 TCEQ Permit Renewal Fees $6,045 Delivery and Postage $600 Supplies(binders,reproduction costs,USGS Quadrangle maps) $225 Subtotal Non-Labor Cost $6,870 Total Estimated Cost $65,850 KIT Rate Schedule(Fully Loaded) Position Hourly Rate Project Manager $225.00 Project Engineer $135.00 Graduate Engineer $120.00 Administrative Assistant $75.00 Page 14 CITY OF BAYTOWN,TEXAS WWTP TPDES PERMIT RENEWAL SERVICES BAYS LEVEL OF EFFORT AND FEE ESTIMATE Task Raw $75 $45 $40 $25 Bilhng Rate(3 OX Cost Rate) $225 $135 $120 $75 Project Role Project Manager Engineer ll Engineer GIS Analyst/ Admin.Asst. Hour Cost Hour Cost Hour Cosl H- C..ni Hours Cost 1 Communication,Correspondence,and Meetings A Kickoff and Progress Meeting 8 $1,800 16 $2.160 - 24 $3,960 B Project coordination and correspondence with City 8 $1,800 8 $1,800 C Routine Project Controls(monthly invoices and progress reports) 10 $2,250 10 $750 1 20 $3,000 Communication,Correspondence,and Meetings 26 $5,850 16 J it,c' to $750 1 52 $8,760 2 Prepare TCEQ TPDES Administrative Reports A West District WWTP TPDES Administrative Report 4 $900 8 $1,080 20 $2,400 - 32 $4,380 B Central District WWTP TPDES Administrative Report 4 $900 8 $1,080 20 $2,400 - 32 54,380 C East District WWTP TPDES Administrative Report 4 $900 8 $1,080 20 $2,400 32 $4,380 Prepare TCEQTPDES Administrative Reports 12 $2,700 24 $3,240 60 1 $7,200 1 96 $13,140 3 Prepare TCEQ TPDES Technical Reports A West District WWTP TPDES Technical Report 8 $1,800 16 $2,160 32 $3,940 - 56 $7,800 B Central District WWTP TPDES Technical Report 8 $1,800 16 $2,160 32 $3,840 56 $7,800 C East District WWTP TPDES Technical Report 8 $1,800 16 $2,160 32 $3,840 55 $7,800 Prepare TCEQ TPDES Technical Reports 24 $5,400 48 $6,480 96 $11,520 168 $23,400 4 Submit and Process TCEQ Permit Application Documents A West District WWTP TPDES Submittal and Processing 8 $1,800 4 $540 16 $1,920 4 $3r0 32 $4,560 B Central District WWTP TPDES Submittal and Processing 8 $1,800 4 $540 16 $1,920 4 $300 32 $4,560 C East District WWTP TPDES Submittal and Processing 8 $1,80D 4 $540 16 $1,920 1 4 $300 32 $4,560 Submit and Process TCEQ Permit Application Documents 24 $5,400 12 $1,620 48 $5,760 1 12 $900 96 $13,680 W WTP TPDES Permit Renewal Services labor Total 86 1 $19,350 1 100 1 $13,500 204 1 $24,430 22 1 $1,650 1 412 1 $58,980 Other Direct Costs Unit City Unit Expense Cost Item No. Expense Item 1 TCEQ Application Fees for TPDES Renewal 3 $2,015 $6,045 2 Delivery and Postage 3 $ 200 $600 3 Supplies(binders,reproduction costs,etc.) 3 $ 75 $22S Other Direct Costs Subtotal $6,870 WWTP TPDES Permit Renewal Services Totaq $65,350 11/1/2022 Page 1 of 1 K KI T