Ordinance No. 15,474 ORDINANCE NO. 15,474
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO
ENGINEERS, INC., FOR DESIGN SERVICES FOR THE TEXAS AVENUE LIFT
STATION IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN IN AN AMOUNT NOT TO EXCEED NINE HUNDRED TWENTY-
TWO THOUSAND FIVE HUNDRED SEVENTY-TWO AND NO.1100 DOLLARS
($922,572.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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 Carollo
Engineers, Inc., for design services for the Texas Avenue Lift Station Improvements 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 Carollo
Engineers, Inc., in an amount not to exceed NINE HUNDRED TWENTY-TWO THOUSAND FIVE
HUNDRED SEVENTY-TWO AND NO. 100 DOLLARS ($922,572.00) 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 22nd day of June,2023.
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SCOTT LEMVND, City Attorney
R:\Karen Anderson ORDINANCES\2023\2023.06.22\PSA-TexasAvenueLiftStationlmprovementsProject.docx
EXHIBIT "A"
AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") is entered into by and between Carollo Engineers, Inc.,
(hereinafter "Consultant") and the City of Baytown, a home-rule municipality located in Harris
and Chambers Counties, Texas(the "City").
1. Scope of Services/Consultant Fees
This Agreement authorizes Consultant to perform Engineering services for preliminary and final
design including, preparation of drawings, specifications, opinion of probable construction costs,
and bidding services for the construction of a new Texas Avenue Lift Station(the "Work")for and
on behalf of the City.
a. This Agreement shall commence on the date of execution by the City Manager and
(if not terminated in accordance with paragraph 11) shall terminate:
❑ upon completion of the Work in accordance with this Agreement, including
Exhibits;
® Eighteen months i Five Hundred and Forty-Eight days(18 monthsi548 days))
/following execution by the City Manager;
❑ the earlier of (a)completion of the Work in accordance with this Agreement,
including Exhibits; (b) number of months.days (spelled out) (number of
months/days [numerical]) months/days following execution by the City
Manager.
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. Each of these Exhibits "A" through "C" 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. Design Phase Services (Lump Sum)................................................$890,615.00
2. Bid Phase Services(Hourly Not to Exceed)......................................$25,580.00
3. Construction Phase Services (Hourly Not to Exceed)................................$0.00
4. Additional Services(Lump Sum)...............................................................$0.00
(These services require independent and specific advance,written authorization)
Agreement for Consulting Services,Page 1 Rev.06 01 2023
5. Reimbursable Expenses (Not to Exceed).............................................$6,377.00
6. Total................................................................................................$922,572.00
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.
(1) Allowable Reimbursable Expenses include:
(a) Hard copy reproductions, copies, and/or binding costs;
(b) Postage;
(c) Mileage, for travel from Consultant's local office (within a 25-mile
radius) to meetings at the City or jobsite. Mileage shall be charged
at the current IRS rates;
(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.
(2) Disallowed Expenses include travel expenses for professional expertise
traveling into the Greater Houston Area from Consultant's office outside the
Greater Houston Area.
d. Consultant shall invoice based upon total services actually completed during the
applicable month. Invoices and all required or requested backup information shall
be tendered no more often than once a month. Consultant shall not invoice the City
for services or expenses that were incurred more than sixty (60) days before the
date of the invoice. Failure to timely invoice the City for services or expenses shall
result in Consultant's invoice being denied.
e. In the event of a disputed or contested invoice,the City may withhold from payment
that portion so disputed or contested, and the undisputed portion will be paid.
3. Personnel of Consultant
a. Consultant's Project Manager
Consultant shall designate Neil Barnsdale,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.
Agreement for Professional Services,Page 2
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.
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.
Agreement for Professional Services,Page 3
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 and/or Manufacturer 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 or better than those in the above-listed codes and regulations.
Consultant shall state the alternative codes and regulations used.
(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
Agreement for Professional Services,Page 4
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 Articles 5 and 11, Consultant shall be
required to tender to City all Instruments of Service. With such ownership interest, it is expressly
understood by the parties hereto that the City may use the Instruments of Service for any purposes
which the City sees fit, including, but not limited to, subsequent construction, reconstruction,
alteration,and/or repairs of the Project. As a condition to the City's use of the Instruments of Service,
the City hereby expressly agrees to remove Consultant's name and all references to Consultant and
its consultants from the Documents. Provided that this Agreement is not terminated for cause by the
City, the City shall release any and all claims which the City could make arising out of or in
connection with any reuse of the documents by the City.
8. Insurance
Consultant shall procure and maintain at its sole cost and expense for the duration of the
Agreement, insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the Work hereunder by Consultant, its agents,
representatives, volunteers, employees or subconsultants.
a. Consultant's 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
Agreement for Professional Services,Page 5
or shall furnish separate certificates and endorsements for each such person or
entity. All coverages for subconsultants and assigns shall be subject to all of the
requirements stated herein.
The following is a list of standard insurance policies along with their respective
minimum coverage amounts required in this Agreement:
1. Commercial General Liability
■ General Aggregate: $2,000,000
■ Products & Completed Operations Aggregate: $2,000,000
■ Personal &Advertising Injury: $1,000,000
■ Per Occurrence: $1,000,000
■ Fire Damage $500,000
■ Waiver of Subrogation required
■ Coverage shall be broad form
■ No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for review and
acceptance.
2. Business Automobile Policy
■ Combined Single Limits: $1,000,000
■ Coverage for"Any Auto"
■ Waiver of Subrogation required
3. Errors and Omissions
■ Limit: $1,000,000 for this project
■ For all architects, engineers, and/or design companies
■ Claims-made form is acceptable
■ Coverage will be in force for one (1) year after completion of the
Project
■ Waiver of Subrogation required
4. Workers' Compensation
■ Statutory Limits
■ Employer's Liability$500,000
■ Waiver of Subrogation required
b. The following shall be applicable to all policies of insurance required herein:
1. Insurance carrier for all liability policies must have an A.M. Best Rating of
A:VIII or better.
2. Only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
3. Liability policies must be on occurrence form. Errors and Omissions can
be on claims-made form.
Agreement for Professional Services,Page 6
4. Each insurance policy shall be endorsed to state that coverage shall not be
suspended,voided,canceled or reduced in coverage or in limits except after
thirty (30) days prior written notice by mail, return receipt requested, has
been given to the City.
5. The City, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Workers'
Compensation and Errors and Omissions Policies required herein.
6. Upon request and without cost to the City, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to the City.
7. Upon request and without cost to the City, loss runs (claims listing) of any
and/or all insurance coverages shall be furnished to the City.
8. All insurance required herein shall be secured and maintained in a company
or companies satisfactory to the City, and shall be carried in the name of
Consultant. Consultant shall provide copies of insurance policies and
endorsements required hereunder to the City on or before the effective date
of this Agreement.
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
"CITY") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF
EVERY HIND, INCLUDING ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR
DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR
FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING
OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE,
INTENTIONAL TORT, INTELLECTUAL PROPERTY
INFRINGEMENT,OR FAILURE TO PAY A SUBCONTRACTOR OR
SUPPLIER COMMITTED BY THE 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
Ar-reement for Professional Services,Page 7
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.
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.
Agreement for Professional Services,Page 8
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
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.
Ap-reement for Professional Services,Page 9
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:
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,
Agreement for Professional Services,Page 10
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
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:
Carollo Engineers, Inc.
Attn: Neil Barnsdale, P.E.
10375 Richmond Avenue, Suite 1625
Houston,TX 77042
Each party shall have the right from time to time at any time to change its respective address
and each shall have the right to specify a new address, provided that at least fifteen (15) days
written notice is given of such new address to the other party.
21. No Third-Party Beneficiary
This Agreement shall not bestow any rights upon any third party,but rather, shall bind and benefit
Consultant and the City only. No person or entity not a signatory to this Agreement shall be
entitled to rely on Consultant's performance of its services hereunder,and no right to assert a claim
Ay-reement for Professional Services,Page 11
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.
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.
Ap-reement for Professional Services,Page 12
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.
CITY OF BAYTOWN
JASON E. REYNOLDS, City Manager
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND, City Attorney
CONSULTANT: CONSULTANT:
Carollo Engineers, Inc.
Carollo Engineers, Inc.
Signature) (Signature)
Neil Barnsdale Scott P. Hoff
(Printed Name) (Printed Name)
Associate Vice President Senior Vice President
(Title) (Title)
A_,greement for Professional Services,Page 13
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared Neil Barnsdale in his/her
capacity as Associate Vice President of Carollo Engineers. 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 2nd day of June , 2023.
•►aY°oe =AkAURY _4
Ms Notary Public in and for a State of Texas
R:\Karen Anderson CONTRACTS TEMPLATES\Architectural or Engineering Services Agreement Template(Fillable).docx
Agreement for Professional Services,Page 14
10375 Richmond Avenue,Suite 1625
Houston,Texas 77042
/� P.281.872.4512/F.346-201-3543
14OWj aslo carollo.com
April 28, 2023
Mr. Michael Leech,Assistant Director
City of Baytown, Public Works& Engineering Department
2123 Market Street
Baytown,TX 77522
Subject: Proposal to Provide Professional Engineering Services
Texas Avenue Lift Station
Dear Mr. Leech:
Carollo Engineers, Inc. is pleased to provide this proposal for design of the Texas Avenue Lift Station.Attached,
you will find our proposed Scope of Services(Exhibit A),the Estimated Level of Effort(Exhibit B), and a Project
Schedule(Exhibit Q.
The Scope of Services consists of preliminary design,final design, including preparation of drawings,
specifications, and opinion of probable construction cost, and bidding assistance.
Compensation and Professional Fees are based on the estimated Level of Effort,which is summarized below.
1. Design Phase Services (Lump Sum).........................................................................$890,615.00
2. Bid Phase Services(Hourly, Not to Exceed)............................................................$25,580.00
3. Construction Phase Services(Hourly, Not to Exceed)...................................................$0.00
4. Additional Services (Lump Sum)...........................................................................................$0.00
5. Reimbursable Expenses (Not to Exceed)...................................................................$6,377.00
6. Total...................................................................................................................................$922,572.00
The Project Schedule and Level of Effort are based on a project duration of 18 months.
We appreciate the opportunity to continue serving the City of Baytown. Please don't hesitate to contact us with
any questions.
Sincerely,
CAROLLO ENGINEERS, INC.
TBPE Firm No. 882
,VQ�—W.t, &Wk� YKJ
Neil Barnsdale, PE Amber Batson, PE
Project Manager/Associate Vice President Associate Vice President
Enclosures: Exhibit A—Scope of Services
Exhibit B—Estimated Level of Effort
Exhibit B.1—Hourly Rate Schedule
Exhibit C—Project Schedule
202117/2023-04-28 Tx Ave Cover Letter.docx
Exhibit A—Scope of Services
Texas Avenue Lift Station
BACKGROUND
The City of Baytown (City)selected Carollo Engineers,Inc. (ENGINEER)to perform engineering services
associated with the replacement of the existing Texas Avenue Lift station which serves the City's Central service
area and is approaching the end of its useful service life.The existing Texas Avenue Lift station is a wet well/dry
well configuration,with four 4,200-gpm pumps.The original design capacity was 16,800 gpm (24 mgd)with a
firm capacity of 12,600 gpm (18 mgd).The existing lift station has no flow meter and the actual capacity in its
current condition in unknown.
PROJECT UNDERSTANDING
This improvement project(the Project)will include the following:
• A new lift station with all associated mechanical piping and valving,wetwell structure and equipment
pads, odor control, pre-engineered/prefabricated electrical building, backup generator,and
instrumentation and controls. It is anticipated the new lift station will generally be configured as a
circular wetwell with four submersible pumps,for a total firm capacity of 18 mgd. Based on recent
modeling by Carollo, 18 mgd is adequate to pump the future, build-out flows.This capacity will be
confirmed during the preliminary design phase.
• Structural,architectural,mechanical, plumbing,and site civil design required to construct the lift station
and ancillary systems.
• Electrical design to support the lift station including,switchgear, motor control center, pump controls,
backup generator,automatic transfer switch and related equipment.
• Discharge piping,yard piping and connection to the existing 30"forcemain.
• Site lighting, landscaping, irrigation,concrete panel perimeter wall and access gates.
• The Project delivery method will be design,bid,and build (DBB).This scope of services includes
preliminary and final design services, and bidding phase services.
SCOPE OF SERVICES
TASK 100—PROJECT MANAGEMENT
ENGINEER will perform various project management and monitoring activities throughout the design phase,as
delineated in the following tasks and subtasks.
ENGINEER will administer quality control procedures to provide plans and specifications that meet the standard
of care for public works construction. Documents will be subject to ENGINEER's standard quality management
procedures for planning, coordination, checking, reviewing, and scheduling the work.Specific quality
management tasks will include:
• Detailed review of project submittals by project design team.
• Identification of a project review team, consisting of qualified individuals not directly involved in the
design or supervision of the work.
• Discipline checks on design calculations,drawings specifications,cost estimates and reports.
• A multidiscipline design review (check), by the project review team, before final submittal, to provide
coordination and avoid conflicts between disciplines.
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• Constructability review by a construction manager employed by the ENGINEER.
101 Project Management and Administration
Project management services include project setup,day-to-day management of the project team,
ongoing project cost control, project staffing,coordination with stakeholders,subconsultant
management,and schedule management. ENGINEER will prepare a monthly invoice and progress report
throughout the term of the project.The design phase duration is expected to be 18 months.
Deliverables: Monthly Invoices, Progress Reports,and Schedule Updates
102 Project Meetings and Client Coordination
Facilitate meetings both internally and with the City throughout the design phase.A kickoff meeting will
be held to confirm the goals,design criteria,expectations,schedule,and deliverables for the project.
Periodic meetings will be held with City staff to present progress,discuss upcoming activities,and
review City expectations.Anticipated meetings include:
• Kickoff Meeting
• Periodic Progress Meetings with the City
• Internal Design Team Coordination Meetings
Design workshops associated with various design milestones will be conducted separately as delineated
in subsequent tasks. ENGINEER will develop and maintain project logs documenting key decisions and
action items throughout the project duration.
Deliverables: Meeting Agendas,Meeting Minutes,and Related Project Documentation
103 Biweekly Coordination Calls
Schedule and facilitate informal coordination calls between the City Project Manager and ENGINEER's
Project Manager throughout the design phase to discuss progress, upcoming activities,schedule,and
budget.
Deliverables: Meeting summary via email
TASK 200—PRELIMINARY ENGINEERING AND STUDIES
ENGINEER will establish preliminary sizing, layouts, connections,and other general requirements,which will be
incorporated into the Basis of Design Memorandum,as defined herein.The following tasks will be executed to
define the following elements of the project during the Preliminary Design phase of the Project.
201 Lift Station Facility Development
• Preliminary Site Layout—Develop a site layout illustrating the facility location,grading limits,
driveways,wetwell,valve pads,flow meter,electrical building and generator.
• Preliminary Wetwell Configuration—Prepare and plan and sections illustrating the wetwell and
mechanical piping.
• Hydraulics Analysis and Pump Selections-Perform a detailed hydraulics analysis, including pump
and system curves. Make preliminary pump selections. Note that a surge analysis is not included in
this scope of services.
• Backup power analysis—Define electrical loads and size the generator accordingly.
• Utility Service Coordination—Coordination with the applicable utility providers will be initiated.
Anticipated utilities include Center Point gas and electric.
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202 Survey,Subsurface Utility Engineering(SUE),and Topographic Mapping
ENGINEER will provide survey for the project including control surveying whereby horizontal and vertical
control will be established for the project including necessary temporary benchmarks;topographic
survey including surface features in the project area, invert elevations in manholes in the project area,
and spot elevations on a 50-ft grid including location of all swales. ENGINEER will conduct record
drawing research to identify existing utilities within the project area. ENGINEER will field locate utilities
in accordance with SUE Level C and/or pothole in accordance with SUE Level A for up to 4 pothole
locations.
It is not anticipated that a boundary survey will be required as the entirety of the project limits will be
located within the City's existing property and thus is excluded from this scope of services. Further,this
scope does not include any land acquisition support for the same reason.
Deliverables: Signed and Sealed Topographic Survey with Controls,(electronic PDF version only).
203 Geotechnical Investigation
ENGINEER will conduct a geotechnical investigation to support the design efforts.This includes three soil
borings ranging from 75 to 85 ft deep in the approximate footprint of the lift station site,for a total
drilling footage of 235 feet. ENGINEER will install a piezometer to 40 foot depth to monitor groundwater
levels at the site.Soil sample laboratory testing is anticipated to include moisture contents,Atterberg
limits, percent passing No. 200 sieve,sieve analysis, unconfined compression,and unconsolidated-
undrained triaxial tests. Recommendations will be developed for (i) installation of lift station, including
mat foundation allowable bearing capacity, lateral earth pressure parameters;discussions for feasible
method of caisson sinking: dry and/or wet construction methods; (ii) requirements for site fill, including
material properties,compaction,slope stability analyses for the side slope,and site settlement due to
fill placement; (iii)foundation recommendations for the elevated generated platform, including depth
and bearing capacity, uplift resistance,and I-Pile parameters;(iv) pavement thickness design and
subgrade preparation for the access road; (v)foundations,axial capacity, and LPile parameters for the
privacy wall;and (vi)construction and groundwater control recommendations for the proposed
improvements. Findings and recommendations will be presented in a draft and final engineering report.
Deliverables: Draft and Final Geotechnical Report(electronic PDF submittals only).
204 Environmental Site Assessment
ENGINEER will conduct necessary environmental due diligence investigations to support the Project.This
includes wetland delineation field survey and report identifying any probable jurisdictional wetlands in
the project area,a desktop evaluation of the potential for threatened and endangered species,a
desktop Phase I Environmental Site Assessment(ESA) in accordance with ASTM E1527-21,and a cultural
resources constraints analysis in accordance with federal and state requirements.
It is assumed that the project will not require USACE permitting, nor will it require any species-specific
surveys or permitting approvals through USFWS and/or TPWD. Further, it is also assumed the project
will not require a more detailed Phase II ESA or intensive archeologic survey. If the initial environmental
due diligence identifies that any of these services are required,either ENGINEER will amend this scope
of services to add these tasks or City may authorize the services via Task 1006 for City-Directed Special
Services.
Deliverables: Draft and Final Wetland Delineation Report,Threatened and Endangered Species
Assessment Report,Phase I ESA Report,and a Cultural Resources Constraints Analysis
Report
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205 Preliminary Design Workshop
ENGINEER will facilitate a preliminary design workshop to discuss City preferences for the various
project elements, review preliminary sizing recommendations,and discuss the proposed site plan.The
workshop will be conducted prior to preparation of the draft Basis of Design Memorandum. Decisions
made during the workshop will be incorporated into the draft Basis of Design Memorandum.
Deliverables: Workshop Agenda, Meeting Minutes,and Related Documentation
206 Basis of Design Memorandum
The Basis of Design Memorandum will include a discussion of the proposed lift station configuration,
design criteria,applicable codes, regulatory requirements, project elements, and major equipment data
sheets. ENGINEER will document all preliminary engineering for the lift station including:
• Pump and system hydraulic analysis
• Pump selection including capacity and pump type
• Site layout development and coordination
• Site civil,structural, architectural, mechanical,electrical, and instrumentation and controls
preliminary design
• Coordination with the utility companies
• Identification of permitting and approval requirements
• Operations and controls strategy
The Basis of Design Memorandum will be submitted in draft format to the City for review. ENGINEER will
obtain comments from the City and incorporate into the Final Basis of Design Memorandum.The Final
Basis of Design Memorandum will be suitable for use in permitting with Texas Commission on
Environmental Quality(TCEQ).
Deliverables: Draft&Final Basis of Design Memorandum (electronic PDF submittals only)
207 Basis of Design Review Discussion
Facilitate a meeting with the City to discuss review comments on the Basis of Design Memorandum.
Deliverables: BODM Review Comments&Response Log
TASK 300—30%DESIGN PHASE
301 30%Design-Drawings, Project Manual and OPCC
The design will be advanced to the 30% level of completion.The drawings prepared will include the
preparation of the General, Demolition,Civil and Mechanical drawings.
• The General drawings will include vicinity and location maps, list of drawings,construction
notes,abbreviations,symbols, design criteria, hydraulic profile,survey control plan, and
geotechnical boring logs.
• The Demolition drawings will illustrate the extents of demolition of existing facilities.
• The Civil drawings will illustrate the topographic site features,general site configuration, lift
station location,yard piping,driveways,gates,grading limits and drainage design.
• The Mechanical drawings will illustrate the plan and section viewed of the lift station mechanical
piping, pumps,valves,and flow meter.
The Project Manual will include the cover and project-specific table of contents, listing the organization
of procurement documents,general requirements,and technical specification Divisions 1 through 16.
The Opinion of probable Construction Cost(OPCC)will be a Class 4 estimate as defined by the
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Association for the Advancement of Cost Engineering(AACE),which has an expected accuracy of-15%to
-30%on the low range and+20%to+50%on the high range.
Deliverables: 30%Drawings,30%Project Manual,Class 5 OPCC(PDF Deliverable)
302 30%Design Review Workshop
Facilitate a workshop with the City to discuss comments on the 30%Design submittal.Topics to be
covered in the workshop include a summary of the design development to the 30% level of completion,
review current project alignment with the City's expectations, discuss City review comments, identify
opportunities to increase dependability and facility longevity, and discuss opportunities to reduce facility
cost.
Deliverables: Meeting Agenda, Minutes,Review&Response Log, Decisions Log,Action Items Log,
and Related Meeting Documentation(PDF Deliverable)
TASK 400—60%DESIGN PHASE
401 60%Design—Drawings,Project Manual and OPCC
The design will be advanced to the 60%level of completion.The drawings prepared will include the
preparation of the General, Demolition,Civil,Structural, Mechanical, Plumbing, Electrical,and
Instrumentation drawings.
• The General, Demolition, Civil,and Mechanical drawings will be as described above,with the
additional of detail sheets. In addition,the following disciplines will be intergraded not the
design.
• The Structural drawings will illustrate plan and sections views of structures and foundations,
including wall and slab thickness,and reinforcing steel.The structural design will be based on
values and recommendation made in the geotechnical report.
• The Plumbing drawings will illustrate the onsite plumbing utilities,such as domestic water and
natural gas.
• The Electrical drawings will illustrate the existing and proposed site plans, lift station sections,
platform and building sections,existing and proposed one-line diagrams,and MCC elevations.
• The Instrumentation drawings will illustrate process and instrumentation diagrams,SCADA
system block diagram and interface plan, pump control interface, and control panel schematics.
The Project Manual will include the sections identified above,the bid schedule will be added to Division
00,and the technical specifications Divisions 1 through 16.
The Opinion of probable Construction Cost(OPCC)will be refined a Class 3 estimate as defined by the
Association for the Advancement of Cost Engineering(AACE),which has an expected accuracy of-10%to
-20%on the low range and+10%to+30%on the high range.
Deliverables: 30%Drawings,30%Project Manual,Class 3 OPCC(PDF Deliverable)
402 60%Design Review Workshop
Facilitate a workshop with the City to discuss comments on the 60% Design submittal.Topics to be
covered in the workshop include a summary of the design development to the 60% level of completion,
review current project alignment with the City's expectations,discuss City review comments, identify
opportunities to increase dependability and facility longevity, and discuss opportunities to reduce facility
cost.
Deliverables: Meeting Agenda, Minutes, Review&Response Log, Decisions Log,Action Items Log,
and Related Meeting Documentation(PDF Deliverable)
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TASK 500—90%DESIGN PHASE
501 90%Design-Drawings,Project Manual and OPCC
The design will be advanced to the 90%level of completion.The drawings prepared will include the
preparation of the General, Demolition, Civil, Landscape and Irrigation,Structural, Mechanical,
Plumbing, Electrical, and Instrumentation.
• The General, Demolition,Civil, and Structural, Mechanical, and Plumbing drawings will be as
described above,with the additional of detail sheets. In addition,the following disciplines will be
intergraded not the design.
• The Landscape and Irrigation drawings will include a planning plan and details,as well as an
irrigation plan and details.
The Project Manual will include the procurement documents(Division 00), General Requirements
(Division 01),technical specification Divisions 1 through 16, including approved equipment
manufacturers and model numbers.
The Opinion of probable Construction Cost(OPCC)will be refined a Class 2 estimate as defined by the
Association for the Advancement of Cost Engineering(AACE),,which has an expected accuracy of-5%to
-15%on the low range and+5%to+20%on the high range.
Deliverables: 30%Drawings,30% Project Manual,Class 2 OPCC(PDF Deliverable)
502 90%Design Review Workshop
Facilitate a workshop with the City to discuss comments on the 90%Design submittal.Topics to be
covered in the workshop include a summary of the design development to the 90%level of completion,
review current project alignment with the City's expectations,discuss City review comments, identify
opportunities to increase dependability and facility longevity,and discuss opportunities to reduce facility
cost.
Deliverables: Meeting Agenda, Minutes,Review&Response Log,Decisions Log,Action Items Log,
and Related Meeting Documentation (PDF Deliverable)
TASK 600—100%DESIGN PHASE(Bid Ready)
601 100%Design-Drawings,Project Manual and OPCC
The design will be advanced to the 100%level of completion.The drawings prepared will include the
preparation of the General, Demolition,Civil, Landscape and Irrigation,Structural, Mechanical,
Plumbing, Electrical, and Instrumentation.All disciplines will be prepared as described above,with
additional detail and refinement.The Drawings will be signed and sealed by the Engineers of Record.
The 100% Project Manual will be signed and sealed by the Engineers of Record.
The 100% Drawings and Project Manual will be labeled "Issued for Bidding."
The Opinion of probable Construction Cost(OPCC)will be refined a Class 1 estimate as defined by the
Association for the Advancement of Cost Engineering(AACE),which has an expected accuracy of-3%to-
10%on the low range and+3%to+15%on the high range.
Deliverables: 100%(Bid Ready) Drawings and Project Manual,and Class 1 OPCC(PDF Deliverable)
602 Permitting Support
Engineer will assist with permitting for the project,which will include the following:
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• TCEQ-Engineer will prepare and submit the summary transmittal letter in accordance with 30 TAC
Chapter 217 notifying TCEQ prior to the start of construction that the plans and specifications are
available. Upon request from TCEQ, Engineer will provide applicable design documents as needed
and will respond to any requests for information for the project. Engineer will also notify TCEQ at
the completion of construction.
• CenterPoint—Engineer will coordinate with CenterPoint for both natural gas service and electrical
service for the new lift station facilities.This includes submittal of applications for service to
CenterPoint for both utilities needed for the new lift station.
• Floodplain Development Permit—Engineer will develop and submit the permit application and
relevant supporting documents to support the construction of the new lift station within the existing
floodplain.
No other permit acquisition or land acquisition services are included in this Scope of Work. If additional
coordination is needed such as acquiring letters of no objection (LONOs)from other utilities, ENGINEER
shall be eligible for additional compensation. Permit application fees are anticipated to be paid by the
City.
TASK 700—BID PHASE
The following tasks will be completed to support the City during the bidding and contract award process. It is
anticipated that the City will use QuestCDN to distribute bid documents, maintain a list of bidders,distribute
Addenda, and related communications. Engineer will provide the following service.
701 Biding Support
• Pre-Bid Conference—Facilitate a pre-bid conference, including a presentation to describe the major
project elements, answer questions.
• Contractor's Questions—City will collect all Contractor questions.City will respond to Division 00
Procurement questions. Engineer will respond to questions related to the design intent,
construction drawings,General Requirements and technical specifications.
• Addenda—Engineer will prepare up to three Addenda, if necessary,to change or clarify the contract
documents.The City will be responsible for issuance of addenda.
702 Bid Evaluation and Recommendation
City will be responsible for the collection of bids and forwarding bids to the Engineer for evaluation. City
will review bids for compliance with Division 00(Procurement). Engineer will tabulate bids,contact
references,and make a written recommendation for award to the lowest responsible, responsive
bidder.
703 Preparation of Conforming Contract Documents
Engineer will update the Drawings and Project Manual to conform with addenda issued during bidding.
Conformed documents will be labeled"Issued for Construction."
Deliverables: Pre-Bid Conference Agenda and Meeting Minutes
Summary of Bidder Questions and Answers
Contract Recommendation of Award Letter
Conformed Contract Documents
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ASSUMPTIONS
ENGINEER shall be entitled to use and rely upon information provided by the City in performing the services
required under this Assignment only to the extent and level specified by the City in writing for each document
provided.
Engineer has no control over the cost of labor, materials, equipment,or services furnished by others,over the
incoming water quality and/or quantity,or over the way City's plant and/or associated processes are operated
and/or maintained. Data projections and estimates are based on Engineer's opinion based on experience and
judgment. Engineer cannot and does not guarantee that actual costs and/or quantities realized will not vary
from the data projections and estimates prepared by Engineer.
No person or entity not a signatory to this Assignment shall be entitled to rely on Engineer's performance of its
services hereunder, and no right to assert a claim against Engineer by assignment of indemnity rights or
otherwise shall accrue to a third party as a result of this Assignment or the performance of ENGINEER's services
hereunder.
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EXHIBIT B
ESTIMATED LEVEL OF EFFORT
CITY OF BAYTOW N-TEXAS AVENUE LIFT STATION
Labor Hours ODCs,OP
Task Task Name lifiridpalfTech vrglen pmed, SD,Mursl Total Hours Labor Cost Subconsultant Markup,PIECE Total Cost
Advisor Manager East-,5 Engb,ter6 ClAftgb,e4, [ngNeerZ Sr CAD Adran support
$310 $295 SZ20 S23S $20D SIDS $175 $110
100 Task 100-Project Management 20 168 36 0 0 0 0 0 Z24 S 6%680 $ $ 3,773 $ 67,453
101 Project and Quality Management 20 80 100 $ 29,800 $ $ 1,698 $ 31,498
102 Project Meetings and Coordination 64 24 88 $ 24,160 $ $ 1,474 $ 25,634
103 Biweekly Coordination Calls 24 12 36 $ 9,720 $ $ 601 $ 10,321
200 Task 200-Preliminary Engineering and Studies 2 18 68 14 8 72 56 16 ZS4 $ 49,220 S 92,798 $ 13,328 $ 1SS,346
201 Facility Development 1 8 36 8 8 40 40 141 $ 27,670 $ $ 2,251 $ 29,921
202 Survey.SUE,Topographic Mapp ng Subconsultanl 0 $ $ 32,235 S 3,224 $ 35,459
203 Geotechnical Investigation Subconsultanl 0 $ S 47,663 $ 4,766 $ 52,429
204 Environmental Site Assessment Subconsultanl 0 $ $ 12,900 $ 1,290 S 14,190
205 Prel imi nary Design Workshop 2 8 2 4 16 $ 3.480 S $ 259 S 3,739
206 Basis of Design Memorandum IBODMI 1 4 16 4 24 16 12 77 $ 14,030 $ $ 1,218 $ 15,248
207 BODM Review Workshop with City 4 8 4 4 20 $ 4,040 $ $ 320 S 4,360
300 Task 300.30%Design Phase 4 28 112 66 32 76 29S 4 1 617 $ 120,655 $ 30,069 $ 12,851 $ 163,S76
3011 30%Design Drawings 4 20 80 60 32 60 295 551 $ 106,765 IS 30,069 S 11,789 1 5 148,623
3012 30%Project Manual(Outline,TOCI 4 8 4 4 4 24 $ 4,980 $ S 386 S 5,366
3013 OPCC 2 16 8 26 $ 5,430 $ $ 418 $ S,848
302 Des:gn Review Workshop 2 8 2 4 16 $ 3,480 S $ 259 $ 3,739
400 Task 400.60%Design Phase 4 32 1 122 70 1 24 64 1 295 16 627 S 122,735 $ 30,069 $ 13,012 $ 165,796
401160%De:!gn Drawings 4 20 90 52 24 40 295 525 S 102,185 S 30,069 $ 11,379 $ 143,633
4012 60%Project Manual 8 8 16 12 16 60 $ 11,620 $ $ 956 S 12,576
4013 OPCC 2 16 8 26 $ 5,430 $ $ 418 $ 5,948
402 Des•n Review Workshop 2 8 2 4 1 16 $ 3,480 $ $ 259 $ 3,739
500 Task 500.90%Design Phase 2 32 120 78 16 84 295 24 651 $ 126,115 I$ 30,069 $ 13,382 1$ 169.566
501190%Design Drawings 2 20 80 60 16 60 295 533 $ 102,945 $ 30,069 $ 11,498 5 144,513
501.2 90%Project Manual 8 8 16 12 24 68 $ 12,500 $ $ 1,077 $ 13,577
501.3 OPCC 2 24 8 34 $ 7,190 $ $ 548 $ 7,738
502 Design Review Workshop 2 1 8 2 1 4 16 $ 31480 $ $ 259 $ 3,739
600 Task 600.100%Design Phase 2 56 120 76 12 64 300 26 656 $ 129,720 $ 30,069 $ 13,498 S 173,277
601.1100%Design Drawings 2 40 80 60 12 40 3D0 534 $ 105.620 $ 30,069 5 11,539 $ 147,228
601.2 100%Project Manual 8 8 16 12 24 68 S 12,500 $ $ 1,077 $ 13,577
601.3 OPCC 2 24 8 34 15 7,190 $ $ 548 $ 7,738
602 lPermitting Support(TCEO,CNP,Floodplain( 6 8 4 2 20 $ 4,410 $ $ 324 S 4,734
700 Task 700-Bid Phasa Services 1 14 48 16 0 36 0 8 56 $ 2S,S80 $ $ 1,978 $ 27,SS8
701 Bidding Support 8 24 8 16 56 $ 12,160 $ $ 906 $ 13,066
702 Bid Evaluation and Recommendation 1 2 8 4 12 27 $ 5,580 $ $ 434 $ 6,014
703 Prepare Conformed Documents 4 16 4 8 8 40 S 7,840 $ $ 638 $ 8,479
Total Basic Services 35 346 626 320 92 396 1241 94 108C $ 617,685 $ 213A75 $ 71,812 $ 922,572
Notes: ODCs•Other Dinnt Cosu IrNmwrsement for naw,printing eaPenses.etc).are based on 1%of labor Cost
Wild.Prcfespona's,such as subconsohants arc marked up 10%
PECE•Project Equipment and CommunKA-Eape-Ico,nputen,software,technical support•tic)is bi ed at$14 abor hour
Pev Date a/))/i0)1
EXHIBIT B
Carollo Engineers,Inc.
Rate Schedule(2023)
Category Hourly Rate
Principal in Charge $310
Senior Project Manager $295
Engineer/Scientist 8 $280
Engineer/Scientist 7 $260
Engineer/Scientist 6 $235
Engineer/Scientist 5 $220
Engineer/Scientist 4 $200
Engineer/Scientist 3 $180
Engineer/Scientist 2 $165
Engineer/Scientist 1 $150
Senior Engineering Technical Support $175
Engineering Technical Support $135
Administrative Support $110
Construction Administration
Sr. Construction Manager $295
Construction Manager $280
Assistant Construction Manager $220
Onsite Project Representative/Inspector $185
Project Communication and Equipment Expense(PECE) $14
(charge per direct labor hour)
Markups on Outside Professionals 10%
Effective through December 31,2023 and subject to annual revision thereafter.
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