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Ordinance No. 15,390 ORDINANCE NO. 15,390 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH ARDURRA GROUP, INC., FOR PROFESSIONAL ENGINEERING SERVICES FOR THE EAST DISTRICT WASTEWATER TREATMENT PLANT REHABILITATION PHASE 2 PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE MILLION THREE HUNDRED SEVENTY-FIVE THOUSAND EIGHT HUNDRED SEVENTY-SEVEN AND NO•'100 DOLLARS ($3,375,877.00); 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 Professional Services Agreement with Ardurra Group, Inc., for professional engineering services for the East District Wastewater Treatment Plant Rehabilitation Phase 2 Project. 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 Ardurra Group, Inc., in an amount not to exceed THREE MILLION THREE HUNDRED SEVENTY-FIVE THOUSAND EIGHT HUNDRED SEVENTY-SEVEN AND NO.'l00 DOLLARS ($3,375,877.00) 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 9'h day of March,2023. NDON CAPETILLO, ayor 4` % l ANGELA J �KSON i °Clete e`� APPROVED TO OR aF S LEM ,City Attorney R:.Karen Anderson.ORDINANCES1202312023.03.091PSAwithArdunraGroup-EDWTPRehabPhase2Project.docx EXHIBIT "A" AGREEMENT FOR CONSULTING SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This Agreement (this "Agreement") is entered into by and between Ardurra Group, 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 professional engineering services for Hurricane Disaster Recovery Contract. D201-040 Improvements at East District Wastewater Treatment Plant Project PH. 2 (the "Work") for and on behalf of the City. a. This Agreement shall commence on the date of execution by the City Manager and shall terminate the earlier of: (a) completion of the Work in accordance with this Agreement, including Exhibits; (b) Fifty-five months?One Thousand Six Hundred Fifty Two days (55 monthsi1,652 days) months:`days following execution by the City Manager; or(c) Termination of this Agreement under Paragraph 1 I. b. The scope of the Work is detailed in Exhibit "A." C. Compensation and professional fees are detailed in Exhibit "B." d. The time schedules for the Work are specified in Exhibit "C." e. Consultant understands and agrees that the Work shall be funded in whole, or in part, with Community Development Block Grant CDBG-MIT ("CDBG-MIT") funds and, therefore, the Work and this Agreement are subject to the laws and regulations of the CDBG-MIT program, including, but not limited to, 2 CFR Part 200 and 24 CFR Part 570. f. Consultant shall comply with all federally-required contract terms including, but not limited to, the following: i. Certifications and Representations of Offerors, Non-Construction Contract (Form HUD-5369-C), attached as Exhibit "D;" and ii. General Conditions for Non-Construction Contracts (From HUD-5370-C), attached as Exhibit "E." Where context warrants, the terms "Authority," "Housing Authority," andror "HA" shall mean the City. Agreement for Consulting Services,Page l g. Each of these Exhibits "A" through "E" is 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. Preliminary Engineering Design Service ........................................$628,807.00 2. Final Design Phase Services.........................................................$1,666,339.00 3. Bid Phase Services.............................................................................$62,881.00 4. Construction Phase Services............................................................$786,009.00 5. Specialized Services.........................................................................$231,841.00 6. Total.............................................................................................$3,375,877.00 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 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. i. Allowable Reimbursable Expenses include: (a) Hard copy reproductions, copies, and1or 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; (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 have been approved in writing by the City. ii. 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 Agreement for Professional Services,Page 2 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 Yue Sun, P.E. 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 andior 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 andr+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. 4. Designation and Duties of the City's Representative a. The City's Director of Public Works and Engineering or his 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, Consultant 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. Agreement for Professional Services,Page 3 I. 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 deficiencies therein. Consultant shall correct such deficiencies without additional compensation. b. Codes and Standards i. 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. ii. 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. iii. 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. iv. 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. V. 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 to or better than those in the above-listed codes and regulations. Consultant shall state the alternative codes and regulations used. Agreement for Professional Services,Page 4 vi. 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 Agreement will be pursuant to the standard of performance common in the profession. vii. Consultant shall promptly correct any defective analysis 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. viii. 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. ix. 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?`1'IF format. 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 Paragraphs 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 Agreement for Professional Services,Page 5 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. S. 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 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 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: i. 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 ii. Business Automobile Policy ■ Combined Single Limits: $1,000,000 ■ Coverage for "Any Auto" ■ Waiver of Subrogation required iii. Errors and Omissions ■ Limit: $1,000,000 for this project ■ For all architects, engineers, and/or design companies ■ Claims-made form is acceptable Agreement for Professional Services,Page 6 ■ Coverage will be in force for one (1) year after completion of the Project ■ Waiver of Subrogation required iv. 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. i. Insurance carrier for all liability policies must have an A.M. Best Rating of A:V I I l or better. ii. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. iii. Liability policies must be on occurrence form. Errors and Omissions can be on claims-made form. iv. Each insurance policy shall be endorsed to state that coverage shall not be suspended,voided,canceled or reduced in coverage or in limits except after thirty (30) days prior written notice by mail, return receipt requested, has been given to the City. V. 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. vi. 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. vii. 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. viii. 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. 9. Indemnification and Release CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES HEREINAFTER REFERRED TO AS THE Aereement_for Professional Services,Page 7 "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 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 CONSULTANT 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-, SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE SECTION 271.904 AND TEXAS CIVIL PRACTICE AND REMEDIES CODE SECTION 130.002. Agreement for Professional Services,Page 8 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 Agreement 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. Upon delivery of any notice of termination required herein, Consultant shall discontinue all services in connection with the performance of the Agreement. Within ten (l 0) 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 Agreement for Professional Services,Page 9 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. 16. Verifications If Consultant has ten (10) or more full-time employees and Consultant's total compensation under this Agreement has a value of One-Hundred Thousand Dollars ($100,000.00) or more, Consultant makes the following verifications in accordance with Chapters 2271 and 2274 of the Texas Government Code: Agreement for Professional Services,Page 10 a. 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. 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. 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 architecturaliengineering 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 arch itectureiengi neeri ng 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. Should the City request copies of the records, Consultant may redact employee social security numbers and!or addresses. 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 Agreement for Professional Services,Page t t and registered or certified, and addressed to the party to be notified,with return receipt requested, or by delivering the same to an officer of such party. Notice deposited in the mail as described above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of three (3) days after it is so deposited. For the purpose of notice, the addresses of the parties shall be as follows unless properly changed as provided for herein below: For the City: CITY OF BAYTOWN Attn: City Manager P. O. Box 424 Baytown, Texas 77522-0424 For Consultant: Ardurra Group, Inc. Yue Sun P. E. 3115 Allen Parkway, Suite 300 Houston, Texas 77019 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 Consultant's performance of its services hereunder,and no right to assert a claim against Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Consultant'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 12 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, 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_day of , 20_, the date of execution by the City Manager of the City of Baytown. Agreement for Professional Services,Page 13 CITY OF BAYTOWN JASON E. REYNOLDS, City Manager ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: SCOTT LEMOND, City Attorney CONSULTANT: Ardurra Group, Inc. (Signature) Yue Sun (Printed Name) Project Director (Title) Agreement for Professional Services,Page 14 STATE OF TEXAS § COUNTY OF HARRIS § Before me on this day personally appeared Yue Sun , in his/her capacity as . Pr iier_t nirPrtnr —of of Arrlurra Gmup., Inc- on behalf of such Corp6ration , known to me; ❑ proved to me on the oath of ; or C 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 hel'she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this 24 day of February , 2023. .�'� .++++► E10R01HY ItNMOGENE HI;ALY ,%.lN otery PuMe.state of Taxes Notary Public in and for the State of Texas '�4 h Cwnrtr.E>rytt W24.2025 �Y.i `� Notary ID 133353155 Agreement for Professional Services,Page 15 EXHIBIT A SCOPE OF SERVICES BACKGROUND The City of Baytown (City) East District Wastewater Treatment Plant(ED WWTP)was inundated by Hurricane Harvey flood waters in 2017. Flooding caused extensive damage to various process areas and infrastructure and resulted in operational interruptions. The general scope of the ED WWTP Phase 2 improvements include the following components: ■ A. Belt Press Building:A new belt press building will be constructed, with the belt presses and polymer equipment located on the second floor,above the flood level.This building will integrate a new maintenance shop and an electrical room for electrical equipment above the flood level. ➢ Evaluate anew sludge dewatering system including belt press, polymer storage and feed system, booster pump system, and sludge cake conveyance and distribution system. ■ B. Chemical Feed Building:A new chemical feed&storage building will be constructed,with all chemical storage and feed equipment and electrical equipment located on the second floor above the flood level. ➢ Evaluate option of using bulk sodium hypochlorite for chlorination to replace existing gas chlorine system. ➢ Evaluation option of using on-site hypochlorite generator system for chlorination. ➢ Bulk sodium bisulfite for dichlorination to replace existing sulfur dioxide system. ■ C.Grit Pumps&Panels: Existing grit pumps will be replaced with new pumps that work with an immersible motor that can be submerged. New control panels and electrical equipment, conduit,and cables will be installed above the flood level. ➢ Evaluate the capacity and hydraulics for the new pumps. ■ D. Plant-wide Electrical System:All damaged electrical equipment,switchboard,and motor control centers(MCC)will be demolished and replaced with new.The new switchboard and MCCs will be installed in an elevated new Electrical Building.Control panels for Clarifier RAS and WAS pumps,grit pumps, belt filter presses&conveyors,sludge transfer pumps, chemical system and other affected equipment process areas will be replaced with new NEMA 4X stainless steel panels. ■ E.Influent Lift Station :A new wet-well influent lift station will be constructed to the west of the existing treatment unit#3, bringing it outside of the 500-year flood plain.This lift station will replace the current dry-pit lift station No. 1 as well as existing lift station No. 2.The lift station auto sensory control system will be replaced with a new stand-alone control panel house with Rockwell Automation Compact Logic PLC,local HMI, pump Protection replays, A-1 timers, control relays and Ethernet switch for plant network SCADA to monitor all system levels, equipment status,and alarms. ➢ Preliminary engineering evaluation of this scope item has been completed. No further evaluation will be made. ■ F. Blower Building:The blower building MCC and all electrical components,conduits, and power and control cables will be replaced. Each aeration blower will be provided with a new stand-alone NEMA 12 local control panel.A new stand-alone NEMA 12 Master blower control panel will be installed.The Mater control panel shall include Rockwell Automation Compact Logic PLC, local HMI surge arresters,control relays, Ethernet switch for communication with plant network SCADA and each aeration blower control panel.The master blower control panel will monitor and maintain total air requirements and control blowers 4,5,6,7,8 on a daily routine per system requirements. Each digester blower will be provided with a new stand- alone NEMA 12 local control panel. ➢ No improvements or upgrade are anticipated on the blower equipment. ■ G.Plant Lighting system: Luminaires will be removed and replaced with LED lam and explosion proof type fixtures. Existing rusted light poles will be replaced with new. ■ H.Sludge Pumps&Motors:The sludge transfer pumps that feed the belt presses will be replaced with new pumps located on top of the digester basins, above the flood level. Remove and replace all conduits and power/control cables for the pump motors. Reinstall the existing Junction box mounted on a rack above the required 500-year flood elevation. Panels and MCC-1 will be replaced with new NEMA U panels. ➢ Evaluate the capacity and hydraulics for the new pumps. ■ I.WAS Pumps:WAS pumps at clarifier 1 will be replaced with new pumps.All electrical equipment and associated conduits and cables will be replaced and installed above flood elevation. i- Evaluate the capacity and hydraulics for the new pumps. ■ J.Aeration Basins Railings: Damaged railings at the aeration basins will be replaced. Structural separation will be repaired. ■ K.Perimeter Security:The entire perimeter fence will be replaced along with the main gate with new access gates, ■ L. Effluent Pipe to Outfall :The outfall structure will be replaced with a new winged head wall and re-stabilized with erosion control measures. ■ M.Site Erosion Issues:The east side of the plant,approximately 209,000 square feet will be regraded from the middle of the plant to the creek edge. ■ N. Miscellaneous Process Structures:The top of the treatment units,which include flow splitter box, aeration basins, clarifiers,and chlorine contact basins complex,and digester, are below the 500-yr+1 level.The perimeter walls of these process structures will be extended A-2 up to above the flood elevation.This will encompass the WAS& RAS pumps,which require replacement. The sum total of these effort will bring the major process areas of the plant above the 500-yr flood plain level by at least one foot and protect the plant in the future against severe damage such as that seen during Hurricane Harvey in 2017. The project is funded through CDBG-MIT program of the Texas General Land Office (GLO). Ardurra Group (Engineer)will perform necessary tasks to complete preliminary design engineering services for proposed improvements as defined in this scope document.The work associated with these engineering services is separated into the following tasks: PART 1-BASIC SERVICES 1.01 General Project Management and Coordination 1.02 Preliminary Design Phase (PER) 1.03 Final Design Phase 1.04 Bidding Phase 1.05 Construction Phase PART 2—SPECIALIZED SERVICES 2.01 Critical Structure Elevation Survey 2.02 Geotechnical investigation 2.03 Detention and Drainage Study 2.04 ACI-ADA Review 2.05 Other Special Service as required (To be defined in final design phase) PART 1-BASIC SERVICES 1.01 General Project Management and Coordination ENGINEER shall: 1. Attend a project kick-off meeting with City staff.The project kick-off meeting will discuss project objectives, expectations, schedule,deliverables and confirm project goals. Engineer will make a request to the City at the project kick-off meeting for obtaining plant record drawings and other operation data in electronic format. 2. Conduct bi-monthly progress meetings during the project phase with City staff to review work completed to date, project schedule,and other issues.These meetings will be approximately 1- hour in duration. It is assumed a maximum of six(6) project progress/coordination meetings will be held. 3. Coordinate with project team to complete project tasks and meet project objectives. 4. Perform quality assurance/quality control (QA/QC) procedures during the project phase.Those procedures will include a technical review of Preliminary Engineering Design. 5. Coordinate client review meetings in accordance with City procedures. Reviews are anticipated �1-3 at Preliminary Design completion. City review meetings will be held in conjunction with monthly progress meetings. Engineer will review, consolidate and prepare written response to City's review committee. 6. Coordinate external regulatory review with the TCEQ. Meet requirements for notification and submission to the TCEQ for review/approval of documents and design. 7. Coordinate with grant administrator. It is estimated that up to six(6) coordination meetings will be conducted. 8. Perform miscellaneous project management and coordination duties throughout the project, maintain and update project schedule,tracking budget, and prepare invoicing and progress reports. 1.02 Preliminary Design Phase 1. Plant Data Research, Record Drawing Review,and Site Visits ENGINEER will obtain historical operation data from ED WWTP with assistance from City as applicable.The data request will include all Record Drawings,current and upcoming WWTP discharge permits, plant flows, plant performance data as available (influent and effluent TSS, GODS,ammonia,TKN, pH,SVI, etc), electrical power billing records, disinfection and dechlorination chemical usage, solids handling and sludge production, previous studies pertinent to the plant improvements/expansion,and etc. ENGINEER will review and analyze the data received and develop a basis of design for the improvements. 2. Site Topographic Survey Subconsultant AGS will conduct a site topographic survey of project improvements area to locate existing utilities, structure elevations,and locate geotechnical borings on the topographic survey maps.The site topographic survey will comprise of the following: Horizontal&Vertical Control: Horizontal and Vertical Datum will be based on Harris County Floodplain Reference Markers: ■ Horizontal Datum:Texas South Central 4204(NAD83), 2001 Adj. ■ Vertical Datum: North American Vertical Datum(NAVD88), 2001 Adjustment Topographic Survey: The boundary survey will substantially comply with the current Texas Society Standards and Specifications for a Category 6,Condition li. ■ Utility research of record maps of the public and private utilities(Storm, Sanitary,Water, Electric,Gas,Telephone,Cable, Fiber Optic)will be obtained from both public and private entities. We will also contact the 811,or like request all underground utilities be marked along the access road of Trammel Fresno Road prior to initiating the field survey. ■ Detail topographic survey of the existing Influent Lift Station and Buildings within the 1.3 acres A-f1 ■ 50'Grid including grade breaks and improvements Survey field crews will coordinate on site with ENGINEER to capture details of the improvements within the existing WWTP are to be survey. Probing or any excavation work to obtain utility information is beyond the scope of project and communication manholes will not be opened under the scope of this project.The information on electric and communication cable/conduit lines are typically shown based on the available record drawings. The survey deliverable will be an AutoCAD drawing of the topographic survey. The drawing will be complying to the City of Baytown requirements. 3. Preliminary Design Evaluation The Preliminary Engineering Design Phase will provide a 30%complete design of the project. It will include the Preliminary Engineering Report and 30%complete level drawings. The work under this phase will include the following items: ■ Develop design criteria for individual scope items listed above ■ Develop facility sizing and produce equipment data ■ Evaluate geotechnical findings relative to the proposed improvements ■ Perform hydraulic analyses as applicable to individual scope items listed above ■ Conduct building code analysis as applicable to individual scope items listed above ■ Develop improvement power loads and produce electrical one-line diagram ■ Develop plant SCADA system architecture ■ Develop preliminary specifications table of contents ■ AACE Class 3 Level Opinion of Probable Construction Cost ■ Preliminary Project Construction Schedule 4. Sub-discipline preliminary design support to address site civil,structural, architectural, HVAC pluming and fire protection,electrical, instrumentation and control modifications associated with the scope items listed above. ■ Civil and Site Work,SWPPP and Environmental Permitting—PER will address grading, paving, drainage, stormwater mitigation, SWPPP and environmental permitting requirements during construction. ■ Structural Design—PER will identify building codes that will apply to the design and develop structural design for various process structures. ■ Architectural Design—PER will address the architectural design of the new buildings and modifications required. Plan views and representative sections for the facilities will be included in the PER.Anticipated new buildings include Sludge Dewatering Building, Chemical Building,and Main Electrical Building. ■ HVAC, Plumbing, and Fire Protection—PER will address the HVAC, plumbing and fire protection requirements for various buildings on site.Anticipated new buildings include Sludge Dewatering Building, Chemical Building, and Main Electrical Building. A-5 ■ Electrical Design—PER will discuss the power requirements for proposed improvements, develop electrical load list and one-line diagrams. ■ Instrumentation,Control,and SCADA Design—PER will present instrumentation and control design supports for the proposed improvements and develop the preliminary process and instrumentation diagrams and SCADA system architecture. Evaluate SCADA HMI for the plant. 5. ENGINEER will perform constructability reviews to identify construction concerns, site constraints, and associated temporary system if needed. ENGINEER will identify overall construction activities in sequence, and address maintenance of plant operations to minimize impacts during construction. 6. ENGINEER will prepare a quantity take-off and preliminary opinion of construction cost estimate (OPCC)for recommended improvements identified above in accordance with AACE Class 3. The cost estimating assumptions and cost summaries will be included in the PER. 7. ENGINEER will prepare a Preliminary Engineering Report(PER) and submit to City for Review. The PER will include proposed design criteria, proposed list of new major equipment, preliminary layouts of facilities,structures and buildings,and site plan layouts. 8. Deliverables: ■ Electronic submittal of Preliminary Engineering Reports 1.03 Design Phase 1. Plans and Specifications: a) ENGINEER and Subconsultants,will prepare complete contract documents (plans and specifications)for constructing the proposed improvement work. Plans and specifications will be developed at 60%,90%, and Final Bid-Ready Documents. b) ENGINEER and Subconsultants,will use a combination of City and Ardurra's standard specifications modified as necessary to accommodate local conditions.Specification format will be Ardurra standard format. 2. Cost Estimate: ENGINEER and Subconsultants will develop a quantity take-off and prepare an opinion of probable construction cost(OPCC)and include it with each submittal. 3. Coordinate with City Building Permitting review. 4. Subconsultant design support to address architectural,structural, HVAC plumbing and fire protection,site civil improvements, and electrical, instrumentation control and SCADA, required for the project. 5. Deliverables: ■ Three (3) 11"x17" (half-size)copies of the submittal drawings,Technical Specifications,and OPCC for each deliverable A-6 ■ One electronic copy containing the Plans,Technical Specifications and OPCC in PDF format for each design milestone A1.04 Bidding Phase 1. ENGINEER and Subconsultants will provide electronic copy of bid-ready set to the city.The City is responsible for bid advertising. Engineer will attend the pre-bid meeting and site walkthrough and bid opening. 2. ENGINEER and Subconsultants will respond in writing to questions from bidders, prepare and issue addenda, including drawings and specifications and necessary interpretations and clarifications of the Contract Documents,coordinate with City, as necessary. 3. ENGINEER will prepare bid tabulation, evaluate bids, and submit a letter of recommendation of award. The evaluation will include: a) Check for math errors and reconcile any mathematical discrepancies b) Review for unbalanced bid items c) Certified Bid Tabulation including Engineers estimate d) Review of contractor's financial standing and references e) Explanation of discrepancies between the Engineer's estimate and bids f) Recommendation to award 4. ENGINEER and Subconsultants will prepare conformed documents.Conformed Documents including ■ Three half size set of plans and specifications ■ Two full size sets of plans and specifications * One electronic copy of plans and specifications 5. ENGINEER will attend Council Meeting and Recommendation for award of Construction Contract. A1.05 Construction Phase 1. ENGINEER will attend pre-construction meeting to provide information &answer questions. 2. ENGINEER will attend monthly construction progress meetings and site visits. It is assumed that construction duration will include thirty four(34) months from start to substantial completion, and two (2) more months to final acceptance. Construction Management and field inspection services will be provided by the City.Construction material testing will be provided by others. 3. In conjunction with monthly progress meeting, ENGINEER will make site visits to observe,as an experienced and qualified design professional,the progress and quality of the various aspects of Contractor's work.Such visits and observations by ENGINEER are to include spot checking, A_7 selective review, and similar methods of general observation of the work based on Engineer's exercise of professional judgment. Based on information obtained during such visits and such observations, ENGINEER shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and Engineer shall keep City informed of the progress of the work. 4. ENGINEER will Review and approve contractor pay applications coordinating with City Construction manager. 5. Perform project management and contract administration duties similar to those in the previous phases,throughout construction. 6. Submittal, RFI,and RCO Review a) ENGINEER and Subconsultants will review and comment on Contractors submittals, RFIs, RCOs including coordination with the City on Change Directives and Change Orders. b) ENGINEER and Subconsultants will provide interpretive guidance for Contractor and City in resolution of problems. 7. Substantial Completion and Final Acceptance a) ENGINEER and Subconsultants will review progress of work for Substantial Completion(in the form of a Substantial Completion walkthrough inspection);with production of punch list; substantiation that items are completed; and issue Certificate of Substantial Completion with concurrence of the City. b) ENGINEER and Subconsultants will conduct a final inspection to substantiate that the completed work of Contractor is acceptable to certify work completion and issue Certificate of Final Acceptance with concurrence of the City. 8. Record Drawings a) ENGINEER will coordinate with general contractor and sub-contractors to obtain complete record of As Built"redlines". b) ENGINEER and Subconsultants will prepare Record Drawings from Contractor's As Built "redlines" in electronic format&hard copy format. c) Deliverables; ■ One half-size hard copy and one electronic copy of Record Drawings, PART 2—SPECIALIZED SERVICES 2.01 Critical Structure Elevation Survey t. Limited survey will be performed by Subconsultant AGS to verify critical structure elevations of existing treatment structures.The survey will identify required elevation adjustments to address different datum used between various record drawing sets in order to determine new elevations required to meet the flood protection requirements. A-8 2.02 Geotechnical Investigation 1. Perform Geotechnical investigation to explore the subsurface conditions at the proposed WWTP improvements areas and to develop geotechnical recommendations pertinent to the design and construction of the proposed structures.This task will be performed once the locations of new Electrical Building, Chemical Feed Building and Belt Press Sludge Dewatering Building are identified. The scope of services consists of the following. ■ Provide utilities clearance for new boring locations. It includes: • All Texas 811 referencing with street name and Key Map block number; and • Mark the borings location and coordinate with representative of utility companies as well as plant representatives to clear the marked boring locations. • Drill and sample a total seven (7) borings to depths ranging from 20 to 70 feet. • Convert one (1)boring into a piezometer for steady state long term water level measurements.The proposed boring/piezometer program is shown in Table 1. ■ Perform laboratory tests on selected representative soil samples to determine the engineering properties of the soils and to select design soil parameters. ■ Perform engineering analyses to develop geotechnical recommendations including, foundation recommendations for new lift station, electrical building and operation building, equivalent soil lateral pressures, bedding and backfill for underground utilities,trench safety, corrosion potential for piping, pavement recommendations including structural fill and general earthwork recommendations. ■ Prepare a geotechnical report including boring logs and test data,groundwater conditions, generalized subsurface conditions,site seismic classification and recommendations outlined as above. Table 1 Proposed Boring/Piezometer Program Approximate Proposed Boring Piezometer Boring e Depth Below Depth Footage Depth Footage Description Number p g Number p g Grade,ft (feet) (feet) (feet) (feet) New Electrical At Grade 2 25 50 Building 2 50 100 Chemical Feed Building At Grade Sludge 10 2 60 120 Dewatering 20 1 70 70 1 70 70 Building A-9 2.03 Detention and Drainage Study Subconsultant AGS will perform the following: 1. Perform a hydraulic impact analysis to determine required drainage improvements due to proposed development and increase in impervious cover. 2. Prepare supporting documents to analyze existing storm water drainage system and develop an updated storm water drainage plan for the proposed improvements.This is coupled with preparation and submission the storm water drainage permit, and water quality report to City Building Permit, Harris County Flood Control District inclusive of all supporting studies as required to facilitate permits review and approval. 2.04 ACI-ADA Review 1. ENGINEER will coordinate with Texas Department of Licensing Regulation(TDLR) and prepare and submit required design documents for ADA compliance review for proposed improvements. Other Specialized Services Other specialized services may be identified upon completion of the PER phase.Authorization for those additional specialized services will be made at a later time in future tasks. -10 I L Exhibit B Level of Effort AArA-Rtsponslbls for NVAC,Plumbing,and Fin Protection "MI an aala[/ T.6-1 S•-+dmn TMaI RACE Subt"l+br PW- Prr<pN sft"55 S,EM FITF .1 Sr DraRw3 OnNr,l Adm.I Skit NWry fml KALE SAWUI Ae $ 211M S MOO S 1NIf0 S W lox. loco Q. 5 Noo It9 I51 'SI at4 6taA Tnk Dertrlplbn�� IAI.C01111 L MONCf MANA M „r 1 PN.t KIck."MeM Ipnllnft l 1 l t i LS,w S EWQC and Technical■skew pn=L Tel-Waft.learn 3 -In1e+w4Chenwwk,1,—teamf■ul a �r 2 L472A0 S I1I72 Do- } CiIY RfriM PEAJ Cem!n Review/■. ] 2 a 1 t Lw2Ao S 3AE2 w b h'ttlf Inrong6ConlrxlAdmRti3lrrtNn ! IJ 1 2oi2.bp 3 2p22M EMENf AND l2 {3 1 }devisiL -vie Out docunenuuon { _{ a i 535880 S S.M.eo i Omtt Dev■n Narmive wl conceptual duwbp(Wp of d, 3 Pelwn OPCC, len cal:vlauonl,abb,.WM d n1 15 w W to ■ Draft Tech Meino,CiN Kfwifw�CO--Mlf lniplloraUOR and IM 3 IS.9o3.oD S 15,90.f oo 6 Fuul Tech Memo 6 11 6 59100 S 3 591 DO l.�l.►IIEIIMINA■M DESIGN/VASE St f�E7I} Eahihit s Lwal of Effort AGS-Responsible for Site CMI.TGpegraphle Survey,Mtentlon and Drainage Study AGS EnMn1M Mann AGS- Prgerlin4nrtr 1Ptrron WaYwte lnpnen MI—I TWI AGS 5.b," InrKNal SI.PMI[nYl {CnY3 MLS SPrvayp Son Tt Swv—C,— IOrl lC.el CAGTth Mrnum,n3 OW— or Itlfsrl AGS SUMo1M xRN S 71175 S lie.W 3 ]a]SO 3 151160 3 I" S 135w S IIM S Im" S 6a90 iHr[i I MI I1 rrk ark TrILOAIrIWbn .e.Gr IMLKOJECTMAN mimowmPCHIParKm 1 YrPlri[Ma nt/AtlP�--1trAWae Ip AGS ! 6 6 S 637 S 07.20 S Af+�P✓•: A S 135.7p 3 )35M .0 OI lCTMWAGFMGCE ANp[o8abH61trp4 Y E P i 7 l,lEIAE N Prrlarr En(ilrtr'ry Rtppt{PERT(!G%OulenxTeNnnl 1 MemOl 7a a N W ] 135 S ]iaW1G 3 ll,/EG_ip 7 SYrT 3PAx SwveY a M 60 E ll7 3 13.lixw S 11.3120 M ■ 31 Iffl3 S11.10 7G1 I JEk.—S-n SVPnvin 12 m W a 116 S ]a WDe S Km 2.03 I JDVW—jj Olen 151[dr 16 7a S 16 S fd 5 9.1]a,9C 3 1.1/a.5p AI WI[•SRClAO2ED i 7* H p 6SS S 3"n" } SWeaP Exhibit B Level of Effort Gupta.Responsible for Electrical,Instrumantatlon and Control GAIEatimatad Maranon Sr.E'*.— Sr fn,; a r Sr Deilgner ft VMIoum Twra SAWA tabs Pmeion P_m_[lr al Sr.PM 4fVicil [IgCI GG Anti- con Final 0 5 95 Ra $ 27500 S 199.00 S Iss.0 1 .00 S 90.00 .DO (Hn) tip IS) T Subt.* T.awwl 1 Pmjea Kickeff Meeting,Agenda and Meeting Minutes 2 I 2 a S 1.200.00 S L20o,00 2 .Bi-monthly Progress Meeting Minutes 16 meetings) a a a tnternal Prolect Team[o0rtlination and Meetings a a a ii S a 700.00 S a,2oo.Do _ is S_ 7700-00 3.200w a QAIQC and Technical Review(30%) e a e 71 S poo.ao S S a0G00 City Review[30%)and Submittal Comments Imorporation,Comments• S to se Pre aratien a a a Pralecl Xhedule,Filing,Immicing,Progress Report S Contract aF S L700.00 S 7,700,00 7 drlmin ur.h— a yf s 7700.00 € a30000 l.01 GENERAE PRO N EMEHT ANIR 1.02 1mEUMtNARY F/ESIGN PHASE Plant Data Research Record Dray.iry Re ieW,A Site Vnits a S 5 70 S 3.300.00 S 3,70D,00 2i R4 at"'LWtr reasi buddml Evaivalion and Recomrnendatiun 16 12 6 20 56 S B900.00 $ 990o00 2B Chemical Buildi Ewluation and A—rnmend.t 1e 12 a 20 56 s a 9W-00 e.S00.00 2C Headwork IGrit inc v Evaluai0nantl Recommendation 6 a B 20 3a S S_e00.00 S 5,400,00 20 Electrical MCC Build Evaluation and Recom Adatien Is 16 1a 70 71 5 12.000.Do S 1zooD.ao 2E Ult Station 1R2 coordination o S $ 2F Bi—,Evaluatwn and Recommendaticn 6a 10 12 36 1 S S Ito,00 S S.BOO,00 26 Site tiny Evaluation and eecemmendation B s to l2 36 s S.a00.DO S S DO 2H SlutWe Pump Station Evaluation and Recommendation B g 10 12 36 s s a0G00 S S.1100,00 21 WAS CPordinatw _ a 1 10 10 la t S.soaao S Sr00A0 a Cwstructabilily Review and CPnstruai0n Set uence Plan a 6 12 2a S S-sw Do S S.$00.00 5 Preliminary l onstrvcti0n Cost i Mon JA a 1 16 1 aP 56 S 9900.00 s 9.9m 00 6 PER 30%OraRSubminal?NmISubmittal J•i 2a !a log Is 17.20D.00 1 S 17 00.00 A3.02 PRELI ftARY DESIGN PHASE 116 Paa.4 r 1 Exhibit B Level of Effort Geotest-Responsible for Geotechnical Investigation Geotest Estimatse Man-tta Wa Support Personnel,Word Position Sr PM I Sr Engineer Staff Engineer pro,aslin Q"Mthpfl onr bnh Rrts Geotest subtotal Rate, $ 210.00 S 170.00 S 11300 $ s+ ISI ISI lart 5ublask Task 0";dplion 2.�2 eotechnical lnvesu tu•, - Fleld Investigation Mob.&Demob.,Truck Mounted Drilling Rig.,Water Truck. trees 1 Ls $ 400.00 S 400.00 Orilli and Continuous Samplinj from 0 to 20 ft 140 is S 20.00 $ 2,800.00 Drilling and Intermittent Sampl in 1,from 2010 50 It 160 It S 24,00 5 3.840.00 Orillingand intermittent Samplinil.hom 50to 100 ft 40 k S 24,0o S 960.00 Field Coordination and 6tilily Clearance for Boring Locations and Markin Bono s 1 19 hr, S 85#-. $ 1,615.00 Pierometer Installation 70 it S is F. $ 11250oo Pietometer,Abandonment 70 ft $ 16,#. S L120M Water Leve l Readin p In Piezometersi24•hr and 30�Dayj a hr 5 85.00 S 6111M Vehicle Char a 23 hr S 9.#.L S 20700 Groutihj and Bareholes Cement-Berriwite Grout 270 it S 8.w S 2 16000 _ 1L.IsiarattiCETion - 5 U uid and Mastic timits 0 ea $ 68.00 S 2 312.00 Percent oassida the 8200 sieve 34 S S2.00 S 1,769.00 Sieve analysis through No.200 Sieve 4 a $ 62.00 S 243.00 Moisture Content 110 S 20.00 S 1,100.00 Unconsolidateddlndrained triaxial cam r4Tes 36 o S 62.00 S 2,346.00 _ Specific G 2 e4 S soon $ 180.00 M1 Cons u�datio 2 ea $ am00 5 1,600.00 --essMtVT 2 ea S 200.00 S 400.00 En lneerl: Services 3+ sun 16 293 hr3 5 20,148.00 TOTAL SPECIALfZEO It I451ee00 ++tr Sur L tAk c B.Y.— LL AGREEMENT FOR CONSULTING SERVICES STATE OF TEXAS COUNTY OF HARRIS § This Agreement (this "Agreement") is entered into by and between Ardurra Group, 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 professional engineering services for Hurricane Disaster Recovery Contract. D201-040 Improvements at East District Wastewater Treatment Plant Project PH. 2 (the "Work") for and on behalf of the City. a. This Agreement shall commence on the date of execution by the City Manager and shall terminate the earlier of: (a) completion of the Work in accordance \with this Agreement, including Exhibits; (b) Fifty-five months/One Thousand Six Hundred Fifty Two days (55 months/1,652 days) months/days following execution by the City Manager; or(c) Termination of this Agreement under Paragraph 11. b, The scope of the Work is detailed in Exhibit "A." C. Compensation and professional fees are detailed in Exhibit "B." d. The time schedules for the Work are specified in Exhibit "C." e. Consultant understands and agrees that the Work shall be funded in whole, or in part, with Community Development Block Grant CDBG-MIT ("CDBG-MIT") funds and, therefore, the Work and this Agreement are subject to the laws and regulations of the CDBG-MIT program, including, but not limited to, 2 CFR Part 200 and 24 CFR Park 570. f. Consultant shall comply with all federally-required contract terms including, but not limited to, the following: i. Certifications and Representations of Offerors, Non-Construction Contract (Form HUD-5369-C), attached as Exhibit "D;" and ii. General Conditions for Non-Construction Contracts (From HUD-5370-C), attached as Exhibit "E." Where context warrants, the terms "Authority," "Housing Authority," and/or "HA" shall mean the City. Agreement for Consulting Services, Page l g. Each of these Exhibits "A" through "E" is 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. Preliminary Engineering Design Service ........................................$628,807.00 2. Final Design Phase Services.........................................................$1,666,339.00 3. Bid Phase Services.............................................................................$62,881.00 4. Construction Phase Services............................................................$786,009.00 5. Specialized Services.........................................................................$231,841.00 6. Total .............................................................................................$3,375,877.00 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 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. i. 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; (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 have been approved in writing by the City. ii. 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 Agreement for Professional Services,Page 2 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 Yue Sun, P.E. 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. 4. Designation and Duties of the City's Representative a. The City's Director of Public Works and Engineering or his 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, Consultant 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. Aereement for Professional Services,Page 3 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 deficiencies therein. Consultant shall correct such deficiencies without additional compensation. b. Codes and Standards i. 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. ii. 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. iii. 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. iv. 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. V. 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 to or better than those in the above-listed codes and regulations. Consultant shall state the alternative codes and regulations used. Agreement for Professional Services. Page 4 vi. 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 Agreement will be pursuant to the standard of performance common in the profession. vii. Consultant shall promptly correct any defective analysis 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. viii. 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. ix. 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. 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 Paragraphs 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 Agreement for Professional Services, Page 5 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 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 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: i. 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 ii. Business Automobile Policy ■ Combined Single Limits: $1,000,000 ■ Coverage for "Any Auto" ■ Waiver of Subrogation required iii. Errors and Omissions ■ Limit: $1,000,000 for this project ■ For all architects, engineers, and/or design companies ■ Claims-made form is acceptable Agreement for Professional Services, Page 6 ■ Coverage will be in force for one (1) year after completion of the Project ■ Waiver of Subrogation required iv. 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. i. Insurance carrier for all liability policies must have an A.M. Best Rating of A:VIII or better. ii. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. iii. Liability policies must be on occurrence form. Errors and Omissions can be on claims-made form. iv. Each insurance policy shall be endorsed to state that coverage shall not be suspended,voided,canceled or reduced in coverage or in limits except after thirty (30) days prior written notice by mail, return receipt requested, has been given to the City. V. 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. vi. 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. vii. 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. viii. 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. 9. Indemnification and Release CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES HEREINAFTER REFERRED TO AS THE Agreement for Professional Services, Page 7 "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 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 CONSULTANT 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-, SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE SECTION 271.904 AND TEXAS CIVIL PRACTICE AND REMEDIES CODE SECTION 130.002. Agreement for Professional Services. Page 8 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 Agreement 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. 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 Agreement for Professional Services,Page 9 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. 16. Verifications If Consultant has ten (10) or more full-time employees and Consultant's total compensation under this Agreement has a value of One-Hundred Thousand Dollars ($100,000.00) or more, Consultant makes the following verifications in accordance with Chapters 2271 and 2274 of the Texas Government Code: Agreement for Professional Services,Page 10 a. 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. 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. 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. Should the City request copies of the records, Consultant may redact employee social security numbers and/or addresses. 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 Agreement for Professional Services, Page I I and registered or certified, and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party. Notice deposited in the mail as described above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of three (3) days after it is so deposited. For the purpose of notice, the addresses of the parties shall be as follows unless properly changed as provided for herein below: For the City: CITY OF BAYTOWN Attn: City Manager P. O. Box 424 Baytown, Texas 77522-0424 For Consultant: Ardurra Group, Inc. Yue Sun P. E. 3115 Allen Parkway, Suite 300 Houston, Texas 77019 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 Consultant's performance of its services hereunder,and no right to assert a claim against Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Consultant'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 12 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, 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 deerned to be an origin I, but all of which shall constitute but one and the same Agreement on the W—May of 20,;)the date of execution by the City Manager of the City of Baytown. Agreement for Professional Services,Page 13 CITY OF BAYTOWN 9JO�N E. City Manager Al 8pYT011;V :etfl e N A GELA J KSO ft C r y APPROVED TO FO SCOTT LE OND, City Attorney CONSULTANT: Ardurra Group, Inc. (Signature) Yue Sun (Printed Name) Project Director (Title) Asreement for Professional Services,Page 14 STATE OF TEXAS § COUNTY OF HARRIS � '§ Yue Sun Before me on this day personally appeared in his/her capacity as Prniart nirartor of Arriurra GrnuR Inc on behalf of such Corporation 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 24 day of February , 2023. `""""'• DOflpiHY IMM06ENE HEALY `"''4t'• NotaryPublic in and for the State of Texas e Notary Public.State of Texas ' •. :°.-' Comm.Expires 09.24-2025 Notary 10 133353155 Agreement for Professional Services,Page 15 EXHIBITA SCOPE OF SERVICES BACKGROUND The City of Baytown (City) East District Wastewater Treatment Plant(ED WWTP)was inundated by Hurricane Harvey flood waters in 2017. Flooding caused extensive damage to various process areas and infrastructure and resulted in operational interruptions. The general scope of the ED WWTP Phase 2 Improvements include the following components: • A. Belt Press Building:A new belt press building will be constructed, with the belt presses and polymer equipment located on the second floor, above the flood level,This building will integrate a new maintenance shop and an electrical room for electrical equipment above the flood level. Evaluate a new sludge dewatering system including belt press, polymer storage and feed system, booster pump system, and sludge cake conveyance and distribution system. • B. Chemical Feed Building:A new chemical feed &storage building will be constructed,with all chemical storage and feed equipment and electrical equipment located on the second floor above the flood level. ➢ Evaluate option of using bulk sodium hypochlorite for chlorination to replace existing gas chlorine system. ➢ Evaluation option of using on-site hypochlorite generator system for chlorination. ➢ Bulk sodium bisulfite for dichlorination to replace existing sulfur dioxide system. • C.Grit Pumps& Panels: Existing grit pumps will be replaced with new pumps that work with an immersible motor that can be submerged. New control panels and electrical equipment, conduit,and cables will be installed above the flood level. ➢ Evaluate the capacity and hydraulics for the new pumps. • D. Plant-wide Electrical System:All damaged electrical equipment, switchboard,and motor control centers (MCC)will be demolished and replaced with new.The new switchboard and MCCs will be installed in an elevated new Electrical Building. Control panels for Clarifier RAS and WAS pumps,grit pumps, belt filter presses&conveyors,sludge transfer pumps, chemical system and other affected equipment process areas will be replaced with new NEMA 4X stainless steel panels. • E. Influent Lift Station :A new wet-well influent lift station will be constructed to the west of the existing treatment unit#3, bringing it outside of the 500-year flood plain.This lift station will replace the current dry-pit lift station No. 1 as well as existing lift station No.2.The lift station auto sensory control system will be replaced with a new stand-alone control panel house with Rockwell Automation Compact Logic PLC, local HMI, pump Protection replays, A-1 timers, control relays and Ethernet switch for plant network SCADA to monitor all system levels, equipment status, and alarms. ➢ Preliminary engineering evaluation of this scope item has been completed. No further evaluation will be made. • F. Blower Building:The blower building MCC and all electrical components, conduits, and power and control cables will be replaced. Each aeration blower will be provided with a new stand-alone NEMA 12 local control panel.A new stand-alone NEMA 12 Master blower control panel will be installed.The Mater control panel shall include Rockwell Automation Compact Logic PLC, local HMI surge arresters, control relays, Ethernet switch for communication with plant network SCADA and each aeration blower control panel.The master blower control panel will monitor and maintain total air requirements and control blowers 4,5,6,7,8 on a daily routine per system requirements. Each digester blower will be provided with a new stand- alone NEMA 12 local control panel. ➢ No improvements or upgrade are anticipated on the blower equipment. • G. Plant Lighting system: Luminaires will be removed and replaced with LED lam and explosion proof type fixtures. Existing rusted light poles will be replaced with new. • H.Sludge Pumps&Motors:The sludge transfer pumps that feed the belt presses will be replaced with new pumps located on top of the digester basins, above the flood level. Remove and replace all conduits and power/control cables for the pump motors. Reinstall the existing Junction box mounted on a rack above the required 500-year flood elevation. Panels and MCC-1 will be replaced with new NEMA 4X panels. Evaluate the capacity and hydraulics for the new pumps. • I. WAS Pumps:WAS pumps at clarifier 1 will be replaced with new pumps.All electrical equipment and associated conduits and cables will be replaced and installed above flood elevation. ➢ Evaluate the capacity and hydraulics for the new pumps. • J. Aeration Basins Railings : Damaged railings at the aeration basins will be replaced. Structural separation will be repaired. • K. Perimeter Security:The entire perimeter fence will be replaced along with the main gate with new access gates. • L. Effluent Pipe to Outfall :The outfall structure will be replaced with a new winged head wall and re-stabilized with erosion control measures. • M. Site Erosion Issues:The east side of the plant, approximately 209,000 square feet will be regraded from the middle of the plant to the creek edge. • N. Miscellaneous Process Structures:The top of the treatment units, which include flow splitter box, aeration basins, clarifiers, and chlorine contact basins complex,and digester, are below the 500-yr+ 1 level.The perimeter walls of these process structures will be extended A-2 up to above the flood elevation.This will encompass the WAS& RAS pumps,which require replacement. The sum total of these effort will bring the major process areas of the plant above the 500-yr flood plain level by at least one foot and protect the plant in the future against severe damage such as that seen during Hurricane Harvey in 2017. The project is funded through CDBG-MIT program of the Texas General Land Office (GLO). Ardurra Group (Engineer)will perform necessary tasks to complete preliminary design engineering services for proposed improvements as defined in this scope document.The work associated with these engineering services is separated into the following tasks: PART 1-BASIC SERVICES 1.01 General Project Management and Coordination 1.02 Preliminary Design Phase (PER) 1.03 Final Design Phase 1.04 Bidding Phase 1.05 Construction Phase PART 2—SPECIALIZED SERVICES 2.01 Critical Structure Elevation Survey 2.02 Geotechnical Investigation 2.03 Detention and Drainage Study 2.04 ACI-ADA Review 2.05 Other Special Service as required (To be defined in final design phase) PART 1-BASIC SERVICES 1.01 General Project Management and Coordination ENGINEER shall: 1. Attend a project kick-off meeting with City staff.The project kick-off meeting will discuss project objectives, expectations,schedule, deliverables and confirm project goals. Engineer will make a request to the City at the project kick-off meeting for obtaining plant record drawings and other operation data in electronic format. 2. Conduct bi-monthly progress meetings during the project phase with City staff to review work completed to date, project schedule, and other issues.These meetings will be approximately 1- hour in duration. It is assumed a maximum of six(6) project progress/coordination meetings will be held. 3. Coordinate with project team to complete project tasks and meet project objectives. 4. Perform quality assurance/quality control (QA/QC) procedures during the project phase.Those procedures will include a technical review of Preliminary Engineering Design. 5. Coordinate client review meetings in accordance with City procedures. Reviews are anticipated A-3 at Preliminary Design completion. City review meetings will be held in conjunction with monthly progress meetings. Engineer will review, consolidate and prepare written response to City's review committee. 6. Coordinate external regulatory review with the TCEQ. Meet requirements for notification and submission to the TCEQfor review/approval of documents and design. 7. Coordinate with grant administrator. It is estimated that up to six(6) coordination meetings will be conducted. 8. Perform miscellaneous project management and coordination duties throughout the project, maintain and update project schedule, tracking budget, and prepare invoicing and progress reports. 1.02 Preliminary Design Phase 1. Plant Data Research, Record Drawing Review, and Site Visits ENGINEER will obtain historical operation data from ED WWTP with assistance from City as applicable.The data request will include all Record Drawings, current and upcoming WWTP discharge permits, plant flows, plant performance data as available (influent and effluent TSS, BODS, ammonia,TKN, pH,SVI, etc),electrical power billing records, disinfection and dechlorination chemical usage, solids handling and sludge production, previous studies pertinent to the plant improvements/expansion, and etc. ENGINEER will review and analyze the data received and develop a basis of design for the improvements. 2. Site Topographic Survey Subconsultant AGS will conduct a site topographic survey of project improvements area to locate existing utilities,structure elevations, and locate geotechnical borings on the topographic survey maps.The site topographic survey will comprise of the following: Horizontal &Vertical Control: Horizontal and Vertical Datum will be based on Harris County Floodplain Reference Markers: • Horizontal Datum:Texas South Central 4204(NAD83), 2001 Adj. • Vertical Datum: North American Vertical Datum (NAVD88),2001 Adjustment Topographic Survey: The boundary survey will substantially comply with the current Texas Society Standards and Specifications for a Category 6, Condition II. • Utility research of record maps of the public and private utilities (Storm, Sanitary, Water, Electric, Gas,Telephone, Cable, Fiber Optic)will be obtained from both public and private entities. We will also contact the 811,or like request all underground utilities be marked along the access road of Trammel Fresno Road prior to initiating the field survey. • Detail topographic survey of the existing Influent Lift Station and Buildings within the 1.3 acres A-4 • 50' Grid including grade breaks and improvements Survey field crews will coordinate on site with ENGINEER to capture details of the improvements within the existing WWTP are to be survey. Probing or any excavation work to obtain utility information is beyond the scope of project and communication manholes will not be opened under the scope of this project.The information on electric and communication cable/conduit lines are typically shown based on the available record drawings. The survey deliverable will be an AutoCAD drawing of the topographic survey. The drawing will be complying to the City of Baytown requirements. 3. Preliminary Design Evaluation The Preliminary Engineering Design Phase will provide a 30%complete design of the project. It will include the Preliminary Engineering Report and 30% complete level drawings. The work under this phase will include the followingitems: • Develop design criteria for individual scope items listed above • Develop facility sizing and produce equipment data • Evaluate geotechnical findings relative to the proposed improvements • Perform hydraulic analyses as applicable to individual scope items listed above • Conduct building code analysis as applicable to individual scope items listed above • Develop improvement power loads and produce electrical one-line diagram • Develop plant SCADA system architecture • Develop preliminary specifications table of contents • AACE Class 3 Level Opinion of Probable Construction Cost • Preliminary Project Construction Schedule 4. Sub-discipline preliminary design support to address site civil,structural, architectural, HVAC pluming and fire protection, electrical, instrumentation and control modifications associated with the scope items listed above. • Civil and Site Work,SWPPP and Environmental Permitting—PER will address grading, paving, drainage,stormwater mitigation,SWPPP and environmental permitting requirements during construction. • Structural Design—PER will identify building codes that will apply to the design and develop structural design for various process structures. • Architectural Design—PER will address the architectural design of the new buildings and modifications required. Plan views and representative sections for the facilities will be included in the PER.Anticipated new buildings include Sludge Dewatering Building, Chemical Building, and Main Electrical Building. • HVAC, Plumbing, and Fire Protection—PER will address the HVAC, plumbing and fire protection requirements for various buildings on site.Anticipated new buildings include Sludge Dewatering Building, Chemical Building, and Main Electrical Building. A-5 • Electrical Design—PER will discuss the power requirements for proposed improvements, develop electrical load list and one-line diagrams. • Instrumentation, Control, and SCADA Design—PER will present instrumentation and control design supports for the proposed improvements and develop the preliminary process and instrumentation diagrams and SCADA system architecture. Evaluate SCADA HMI for the plant. 5. ENGINEER will perform constructability reviews to identify construction concerns, site constraints, and associated temporary system if needed. ENGINEER will identify overall construction activities in sequence, and address maintenance of plant operations to minimize impacts during construction. 6. ENGINEER will prepare a quantity take-off and preliminary opinion of construction cost estimate (OPCC) for recommended improvements identified above in accordance with AACE Class 3. The cost estimating assumptions and cost summaries will be included in the PER. 7. ENGINEER will prepare a Preliminary Engineering Report(PER) and submit to City for Review. The PER will include proposed design criteria, proposed list of new major equipment, preliminary layouts of facilities,structures and buildings, and site plan layouts. 8. Deliverables: Electronic submittal of Preliminary Engineering Reports 1.03 Design Phase 1. Plans and Specifications: a) ENGINEER and Subconsultants,will prepare complete contract documents(plans and specifications)for constructing the proposed improvement work. Plans and specifications will be developed at 60%, 90%, and Final Bid-Ready Documents. b) ENGINEER and Subconsultants, will use a combination of City and Ardurra's standard specifications modified as necessary to accommodate local conditions. Specification format will be Ardurra standard format. 2. Cost Estimate: ENGINEER and Subconsultants will develop a quantity take-off and prepare an opinion of probable construction cost(OPCC)and include it with each submittal. 3. Coordinate with City Building Permitting review. 4. Subconsultant design support to address architectural, structural, HVAC plumbing and fire protection,site civil improvements, and electrical, instrumentation control and SCADA, required for the project. 5. Deliverables: Three(3) 11"x17" (half-size) copies of the submittal drawings,Technical Specifications, and OPCC for each deliverable A-6 One electronic copy containing the Plans,Technical Specifications and OPCC in PDF format for each design milestone A1.04 Bidding Phase 1. ENGINEER and Subconsultants will provide electronic copy of bid-ready set to the city.The City is responsible for bid advertising. Engineer will attend the pre-bid meeting and site walkthrough and bid opening. 2. ENGINEER and Subconsultants will respond in writing to questions from bidders, prepare and issue addenda, including drawings and specifications and necessary interpretations and clarifications of the Contract Documents, coordinate with City,as necessary. 3. ENGINEER will prepare bid tabulation, evaluate bids, and submit a letter of recommendation of award.The evaluation will include: a) Check for math errors and reconcile any mathematical discrepancies b) Review for unbalanced bid items c) Certified Bid Tabulation including Engineer's estimate d) Review of contractor's financial standing and references e) Explanation of discrepancies between the Engineer's estimate and bids f) Recommendation to award 4. ENGINEER and Subconsultants will prepare conformed documents. Conformed Documents including • Three half size set of plans and specifications • Two full size sets of plans and specifications • One electronic copy of plans and specifications 5. ENGINEER will attend Council Meeting and Recommendation for award of Construction Contract. A1.05 Construction Phase 1. ENGINEER will attend pre-construction meeting to provide information &answer questions. 2. ENGINEER will attend monthly construction progress meetings and site visits. It is assumed that construction duration will include thirty four(34) months from start to substantial completion, and two (2) more months to final acceptance. Construction Management and field inspection services will be provided by the City.Construction material testing will be provided by others. 3. In conjunction with monthly progress meeting, ENGINEER will make site visits to observe,as an experienced and qualified design professional,the progress and quality of the various aspects of Contractor's work. Such visits and observations by ENGINEER are to include spot checking, A-7 selective review, and similar methods of general observation of the work based on Engineer's exercise of professional judgment. Based on information obtained during such visits and such observations, ENGINEER shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and Engineer shall keep City informed of the progress of the work. 4. ENGINEER will Review and approve contractor pay applications coordinating with City Construction manager. 5. Perform project management and contract administration duties similar to those in the previous phases,throughout construction. 6. Submittal, RFI, and RCO Review a) ENGINEER and Subconsultants will review and comment on Contractor's submittals, RFls, RCOs including coordination with the City on Change Directives and Change Orders. b) ENGINEER and Subconsultants will provide interpretive guidance for Contractor and City in resolution of problems. 7. Substantial Completion and Final Acceptance a) ENGINEER and Subconsultants will review progress of work for Substantial Completion (in the form of a Substantial Completion walkthrough inspection);with production of punch list; substantiation that items are completed; and issue Certificate of Substantial Completion with concurrence of the City. b) ENGINEER and Subconsultants will conduct a final inspection to substantiate that the completed work of Contractor is acceptable to certify work completion and issue Certificate of Final Acceptance with concurrence of the City. 8. Record Drawings a) ENGINEER will coordinate with general contractor and sub-contractors to obtain complete record of As Built"redlines". b) ENGINEER and Subconsultants will prepare Record Drawings from Contractor's As Built "redlines" in electronic format& hard copy format. c) Deliverables: One half-size hard copy and one electronic copy of Record Drawings. PART 2—SPECIALIZED SERVICES 2.01 Critical Structure Elevation Survey I. Limited survey will be performed by Subconsultant AGS to verify critical structure elevations of existing treatment structures.The survey will identify required elevation adjustments to address different datum used between various record drawing sets in order to determine new elevations required to meet the flood protection requirements. A-8 2.02 Geotechnical Investigation 1. Perform Geotechnical investigation to explore the subsurface conditions at the proposed WWTP improvements areas and to develop geotechnical recommendations pertinent to the design and construction of the proposed structures.This task will be performed once the locations of new Electrical Building, Chemical Feed Building and Belt Press Sludge Dewatering Building are identified. The scope of services consists of the following. • Provide utilities clearance for new boring locations. It includes: • All Texas 811 referencing with street name and Key Map block number; and • Mark the borings location and coordinate with representative of utility companies as well as plant representatives to clear the marked boring locations. • Drill and sample a total seven (7) borings to depths ranging from 20 to 70 feet. • Convert one (1) boring into a piezometer for steady state long term water level measurements.The proposed boring/piezometer program is shown in Table 1. • Perform laboratory tests on selected representative soil samples to determine the engineering properties of the soils and to select design soil parameters. • Perform engineering analyses to develop geotechnical recommendations including, foundation recommendations for new lift station,electrical building and operation building, equivalent soil lateral pressures, bedding and backfill for underground utilities,trench safety, corrosion potential for piping, pavement recommendations including structural fill and general earthwork recommendations. • Prepare a geotechnical report including boring logs and test data,groundwater conditions, generalized subsurface conditions,site seismic classification and recommendations outlined as above. Table 1 Proposed Boring/Piezometer Program Approximate Proposed Boring Piezometer Boring Below Description Depth Depth Footage Depth Footage Grade,ft Number Number (feet) (feet) (feet) (feet) New Electrical At Grade 2 25 50 Building 2 50 100 Chemical Feed Building At Grade Sludge 10 2 60 120 Dewatering 20 1 70 70 1 70 70 Building A-9 2.03 Detention and Drainage Study Subconsultant AGS will perform the following: 1. Perform a hydraulic impact analysis to determine required drainage improvements due to proposed development and increase in impervious cover. 2. Prepare supporting documents to analyze existing storm water drainage system and develop an updated storm water drainage plan for the proposed improvements.This is coupled with preparation and submission the storm water drainage permit,and water quality report to City Building Permit, Harris County Flood Control District inclusive of all supporting studies as required to facilitate permits review and approval. 2.04 ACI-ADA Review 1. ENGINEER will coordinate with Texas Department of Licensing Regulation (TDLR) and prepare and submit required design documents for ADA compliance review for proposed improvements. Other Specialized Services Other specialized services may be identified upon completion of the PER phase.Authorization for those additional specialized services will be made at a later time in future tasks. 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S IfITI(IW "OlM �rme UW va SW . 4 S s 1.. s say. s ..m 3 Spage.M s m s 16m s Date t "in, m its 1,01.GE t Fall MANAGEMENT AND COOROWR 0 tAL4HIFMl'/RpIfQMRXAOFMEMµXIYpR01M4110H o 0 0 3 N Y' eDLplm W MMVOEf10XPNNE Enelnn.rn ap�.�RI+I IS�.O..iill.�.rirr mol^s n eALpREIyyXRIX:Sre be as W H 3 l p 3 ,at IsS 303 anddrainage ne, S pubsee.3... s 1 42 Is 7a 1 al0 Op 4 E.hiba 8 Level of Effort Gupta-Responsible for Electrical,Instrumentation and Control Gal mated Muuaeun Sr.ma—, N.Fupnrtr IEe uvner Pc-gA'—nl T" SUMolal laM vrropal Sr PM mmnon n.CI 1Z ing xmn Can m 5 111. 5 W 5 165W $ TAT 1 NGo Ix61 I5) 15) Para mean na petmmmn A]:W.4FNEAADPRW FGTMANA451P 1 11.1111 Mi[a-o 11 Mccl,AA.41rea a dM[elmg Minutes 1 2 } } 5 I,ROW $ 1.3WW 3 6i ma nlnly er.,s Mee ung Minutes i6 meen ngal g 1 24 5 4Fm0W $ a,]M.Gp 3 Inlemal Proje[I Team Coardlnalion and Meelln gs g A is $ T'Taaco $ 3}ODW d 0 QC aM Technical Review(3m6) g B g 32 1 s,YOW $ $.W. Ciry Review IT.)-a sudmilln Commena5ln[arponlion,Cammems- 5 Peswnm lag PreoanIA. 4 is5 oa 5To !,1'P 1 m g.Nng....Rcn m t 6 Com.an I ApECTMANAG X u a4 5 E,30P 00 I]do On Al,O1.OEHfMLPRDIECi MANAGEMENT AND C0ORDINAl10H I0 Sg S6 S6 -.-, .30 110 5 Ia.10DW $ 11.SW.00, 01.01.PRA UMINARY DESIGN PIIASE III 1 Plant Daly Nesear[0.Remld Otawin Reviaw,&1,11 Visxe S6 . 5 6 s 3.3W.W 5 2A Dewatenn belt resdtritli Fvalual�on antl Pe[ommendalion 6 la 55 1 g.9W.W 5 1. 3B UPmI(al Bulldl Fwluatipn irb Re[Ommendalian a AT 56 5 W. 5 }C xeadworl 1.1.1.n[luom)Evalualion are Remmmendalion 20 $ SAW.W 5 ]D Elfetn[al MCC Ruildin Evaluation and Recommendation Ia 30 12 $ 1a..an $ 2E Lifl Sol—lBl 1-1d.coon 0 $ $ 2F Blower Fv alu au0n antl Re...Mdation 10 1} 36 5 S.Aad 5 3G Site Leht,n Evaluation and R[Wmmentanan 10 12 36 $ I.6WW 5 3x Sludge Pump Maten Enuation and Re[ammeMaton l0 1} 36 5 sand an 5 21 WAS C...d—lion 10 10 3f 1 S.6W.anConnru[ubl Review antl Construction Se u cePlan U 5 S,SW.W 55 Prelimma Commumer Cast Opinion 16 10 116 9.9W.0a 5 6 ]PER OM Drafts mftul AFnd Submlhal 20 Ie >B ]a 5 I1.}WW 5 A3.0:'PR91M[NMYCFSI -'tn as 7 'Ltlum $ Pay.Jars Exhibit 8 Level of Effort Busiest-Responsible for Geotechnical Investigation Gitlin Isuminirl.—F... ppo t Pn ann.1,WordPmltlan Sr.PM 5r Engineer Sall Engineer Pmcrsvm, divisions, Unit Unit Rate Geotmt sidional But. 5 23000 5 170M 5 133M $ 68.W (51 15) sink SUMaaM Taak Onniptlon 2 02 Gevle[M1niol lnvesti atian Field Investigation Mob.&Oemab.,T[u[k Mounted Drilling Rig.,W.WT/u[k, Clew 1 0 5 UFM 5 a0a.0o Drilling and Continuous Sampling from 0 to 20 it 140 I, $ 2000 5 2.800.00 Or0ling and Intermittent Sampling.from 20 to 50 it Use is S 24.Po 5 3.Be0.Po Dr-11mg and lntermlnenL Sampiin.from 501.last is Q it S 24W 5 960,00 Field Coordination and Utility Clearance for Boring Locations and Markin Bmin s 1 19 na $ 85.00 $ 1,615 DO Plerometer Installation 30 It 5 lg.W 5 1R60.00 Pisoometer Abandonment 70 It $ 16W 5 1.120.W Water Level Readings In Pieaametets l24-br and 30 Day) 8 M $ BS.00 $ 6W.W V¢M1I[Ie Chd/8e 23 M1r $ 9.g0 $ 30)60 Grouting and Bommoles-Cement-Bemanite Grout 220 h S $.an S 2.160.00 laberatoryTest $ Llauld and Plastic Limits 34 S 68.00 S 2,31300 Per¢nt pats in the 82W sieve 34 5 s2.W $ 1.768. Sieve analysis through No.200 Sieve e $ 6E00 $ 248.00 Moisture Cunt" sin $ IOW 5 "Lou- Wwnsolidaled-UndnNed trianal compression 3a $ 69.W $ 2.3G6W 5oacili[Gran 2 S MLW $ 190Po Cimmilda000 Tell 2 $ 800.W 5 3.6W.W Aggressivity Tciting 3 S 3W.W $ <W.W Engineering SnWces 8 SC IPo 16 199 bi S 20,I48W TOTALSPELIALRED IS a9.IN.00 Page 10l l LlryLnl4Lunn 1u1 OhMn W uuxxx Tnumm��4n1�Fu.l MNxsa.a�.N