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Ordinance No. 15,546 ORDINANCE NO. 15,546 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH BINKLEY & BARFIELD, INC., FOR ENGINEERING SERVICES FOR THE WEST DISTRICT WASTEWATER TREATMENT PLANT ONE REHABILITATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED THOUSAND ONE HUNDRED AND NOi 100 DOLLARS ($800,100.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown,Texas,hereby authorizes and directs the City Manager to execute and the City Clerk to attest to a Consulting Services Agreement with Binkley & Barfield, Inc., for engineering services for the West District Wastewater Treatment Plant One Rehabilitation 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 Binkley & Barfield, Inc., in an amount not to exceed EIGHT HUNDRED THOUSAND ONE HUNDRED AND NO.!100 DOLLARS ($800,100.00) 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 affi a vote of the City Council of the City of Baytown this the 14t1i day of September,2023. GF S�S mO�'od Pc RANDON CAPETILLO,Ayor EST: O ANGEL ,IN Clerk .°2 r`°°°oa°°°°. APP D AS TO O \r. i�C3 �� SCOTT LEM ,City Attorney R:Karen Anderson ORDINANCES\2023\2023.09.14\PSA-WDWWTPOneRehabilitationProject.docx EXHIBIT "A" AGREEMENT FOR CONSULTING SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This Agreement (this "Agreement") is entered into by and between Binkley & Barfield, 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 West District Wastewater Treatment Plant One Rehabilitation Project(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; ® Nine hundred and fifteen (915]) 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)................................................$597,300.00 2. Bid Phase Services (Hourly Not to Exceed)......................................$12,600.00 3. Construction Phase Services(Hourly Not to Exceed).....................$149,400.00 4. Additional Services (Lump Sum)......................................................$40,230.00 (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)................................................$570.00 6. Total................................................................................................$800,100.00 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 Li Chen, 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 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 Agreement 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. Agreement 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: Binkley & Barfield, Inc. Attn: Steve F. Albert 1710 Seamist Drive Houston, TX 77008 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 Agreement 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. Agreement 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: Binkley & Barfield,, IZ��g. nc. Steven F. Albert, P.E., CFM (Printed Name) Vice President- Infrastructure (Title) Ap,reement for Professional Services,Page 13 STATE OF TEXAS § COUNTY OF HARRIS § Before me on this day pe sonall app ared U �� T in his/her capacity as /ee - vl on behalf of such , IJ 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. ��77� SUBSCRIBED AND SWORN before me this day of , 20�,3. ,a;?o� RHONDA S LEMOINE v? Notary Public otary Public in and for the State of Texas :; •;: STATE OF TEXAS •..��° ID#124680970 ��' `°+ M Comm.Ex .Oct.17,2023 R\Karen AndersWCON 1 RACTS.TEMPLATESWrchdectural or Engineering Services Agreement Template(Pdlable)docx Agreement for Professional Services,Page 14 Exhibit A WW2202 West District Wastewater Treatment Plant One Rehabilitation CITY OF BAYTOWN Professional Engineering Services EXHIBIT A SCOPE OF PROFESSIONAL ENGINEERING SERVICES FOR CITY OF BAYTOWN CONTRACT WW2202 WEST DISTRICT WASTEWATER TREATMENT PLANT ONE REHABILITATION 1.0 GENERAL Binkley & Barfield, Inc. with a team of sub-consultants(Engineer), shall provide professional engineering services for the City of Baytown WW2202 West District Wastewater Treatment Plant One Rehabilitation Project, as further defined by this Exhibit A-Scope of Professional Engineering Services. 1.1 Description of Project The City of Baytown has requested Binkley&Barfield, Inc. to submit a Professional Engineering Services proposal for the WW2202 West District Wastewater Treatment Plant (WWTP) One Rehabilitation Project. The proposed engineering services shall include Final Design Basic Services, Additional Services for Survey,Bid Phase,and Construction Phase Services.The proposed scope of design for the Baytown West District WWTP One Rehabilitation was based on our meeting discussions and the Preliminary Evaluation and Assessment Report completed in 2022 by Ardurra. A detailed breakdown of the proposed design scope is included in Section 2.3. This project will make the West District WWTP One operational again after plant shutdown in 2019. 1.2 Review of Existing Information A. The Engineer shall review information from existing record drawings of earlier projects and the Preliminary Evaluation and Assessment Report completed in 2022. The City shall provide available historical maintenance information,operation data,and planning documents to the Engineer. B. The Engineer will use the provided information to aid in the design of plant rehabilitation and restoration of the original plant's operational functions. 2.0 BASIC SERVICES 2.1 Project Management A. Attend the kick-off meeting with the City of Baytown to coordinate the requirements of the project. B. The Engineer shall reference the City's Project Title and Project Numbers in all correspondence and submittals. C. The Engineer's Project Manager(Project Manager) shall coordinate the design efforts of the design team to assign staffing, delegate responsibilities, review work progress, check conformance to the scope,budget,and schedule,and guide the overall progression of the project's work. D. The Project Manager shall conduct monthly progress meetings with the City Project Manager and wastewater operation staff to discuss design criteria, operational requirements, and the project's financial status. E. The Engineer shall notify the City immediately of deviation from the Scope of Engineering Services and Fees agreed to in this Contract. The Engineer shall not perform services outside of the Contract scope without an amendment to this Contract. Page 1 of 7 Exhibit A WW2202 West District Wastewater Treatment Plant One Rehabilitation CITY OF BAYTOWN Professional Engineering Services 2.2 Final Design Services The Engineer shall perform the following tasks for the Final Design Services: A. Conduct field investigations and meetings with the City Project Manager and plant operators for updates on the existing condition of process equipment. B. Coordinate with the City wastewater superintendent and operators for proposed rehabilitation and repair work,as needed.City staff will be included in all design questions and reviews. C. Coordinate with sub-consultant,Baseline Corp., to perform Terrestrial Lidar Scan and Topographical Survey to capture point cloud data and HDR imagery to create the site background and plant sections. D. Coordinate with sub-consultant, Kalluri Group, Inc., to provide electrical and instrumentation design plans for wastewater treatment process equipment replacement. E. The proposed design criteria will be based on TCEQ and City standards. F. Verify and confirm hydraulic profile based on lidar scan and topographical survey. G. Coordinate with the equipment suppliers for site inspection and provide recommendations for installation details to be included in the design plans. H. Submit the 600•o and 900:0 design plans and technical specifications to the City for review.The City staff will have 15 calendar days to review the 600o and 9000 submittal package and provide comments. I. The 90% design plans will include verification of review comments, constructability review, and technical specifications and details. J. Design work beyond 90%will only consist of corrections based on the City's review comments and the Engineer's internal Quality Control review. K. The Engineer's Opinion of Probable Construction Cost(EOPCC)will be updated for the 60%, 90%, and 100% submittals with the estimate based upon information in the current design submittal and current pricing. L. Submittal reviews will be conducted during in-person meetings with the City staff to ensure effective communication and understanding. M. The Engineer will consult with a General Contractor(GC)for constructability review and comments. N. Submit Chapter 217 Design Summary Transmittal Letter to TCEQ for the construction permit. O. Submit bid-ready 100%' complete documents to the City for signature. 2.3 Proposed Design Scope for West District WWTP Rehabilitation Based on meeting discussions with the City of Baytown Public Works staff and the Preliminary Evaluation and Assessment Report completed in 2022,the Engineer proposed the following design scope: Process Areas Proposed Design Scope for West District WWTP Rehabilitation Headworks • Replace the existing fiberglass(FRP)grating in the 4-ft channel with hot- dipped galvanized(HDG)steel or aluminum grating with structural support as needed. • Verify and check the operation of the Mechanical Bar Screen and Belt conveyor. • Removal of debris and trash in the inlet channel and pressure wash to be completed by the City of Baytown. Page 2 of 7 Exhibit A WW2202 West District Wastewater Treatment Plant One Rehabilitation CITY OF BAYTOWN Professional Engineering Services Rapid Mix Basin . Replace the two(x2)existing 54"draft tubes(one on each side),deflector plate,and supports with 304 SS material. • Install new staff clamps on air drops and air feed flex piping • Remove and replace two(x2)7-ft downward opening weir gates with new manual weir gates made of 304 stainless steel(SS)material. • Removal of debris and trash in the Rapid Mix and Aeration Basins and pressure wash to be completed by the City of Baytown. Aeration Basin • Replace the air bridge support columns with hot-dipped galvanized(HDG) steel columns. • Replace the rusted structural channel beams and columns for airdrop diffuser pipe supports with HDG steel members. • Replace air bridge support anchors and new grouting. • Install new 304 SS clamps on all air drops and air feed piping. • Remove and replace all the rusted 24"shear tubes and supports with 304 SS tubes and supports. Air Header Piping • Inspect existing air header piping for cracks on the pipe surface,the 90- system degree bend,and connection tees for air leaks and fix the leaky connections. • Replace five(5)existing couplings to fix air leaks.Piping modifications are likely required to facilitate the new coupling installation. • Install SS or HDG structural supports at required locations adjacent to the couplings to mitigate excessive deflection. • Install expansion joints to accommodate thrust and thermal expansion Clarifiers No.1 and No.2 . Demolish and remove the existing Clarifier No.I and No.2 mechanisms (based on discussions with City staff). • Allow the clarifier manufacturer to inspect the existing clarifier floor grouting to verify if repair or replacement is needed. • Install new clarifier mechanism with HDG steel or 304 SS components, inlet pipes,and walkway bridges in Clarifiers No.l &No.2. • Replace the scum baffle and supports with 304 SS parts. • Replace the HDG backer angles for the weirs with 304 SS parts. Chlorine Contact Basins . Replace the air diffuser supports with 304 SS steel members. No. 1 and No.2 . Install new 304 SS clamps on all airdrops piping. • Inspect two(x2)existing butterfly gates for operational function. Return Activated Sludge . Remove existing airlift pumps and field cut the suction pipe one foot below (RAS)Airlift Pumps the headbox. • Replace four(x4)RAS airlift pumps(two in each chamber)with 304 SS support brackets. Waste Activated Sludge . Replace two(x2)existing WAS pumps with new self-priming pumps. (WAS)Pump Station • Replace the pump suction pipeline,fitting,and isolation valves with pipe support. Page 3 of 7 Exhibit A WW2202 West District Wastewater Treatment Plant One Rehabilitation CITY OF BAYTOWN Professional Engineering Services • Replace check valves and plug valves at the pump discharge pipelines with pipe support. • WAS pump station suction and discharge piping and fitting will be ductile iron pipes and fitting with flanged connection. • Install a bleeder valve for pressure gauge at the WAS pump discharge pipe. Scum Pump Station • Replace three(0)existing Scum Pumps with new self-priming pumps. • Replace the pump suction piping,fitting,and isolation valves,including pipe support. • Replace the pump discharge piping,fitting,check valves,plug valves,and pipe support. • Scum pump station suction and discharge piping and fitting will be ductile iron pipe with flanged connections. • Install a bleeder valve for pressure gauge at the Scum Pump discharge pipe. Grit Pump Station • Remove and replace the existing Grit Pumps and replace them with two (x2)new Grit pumps,including support. • Remove and replace existing pump station suction and discharge piping, fittings,and valves,and replace them with new ductile iron piping,fittings, and valves,including pipe support. • Grit pump station suction and discharge piping and fitting will be ductile iron pipes with flanged connections. • Install a bleeder valve for pressure gauge at the pump discharge Grit Classifier/Convey . Remove existing Grit Classifier and Conveyor equipment and replace them with a new Grit Classifier and Conveyor system,including new piping, fittings,valves,and structural support. • Grit ClassifierConveyor system piping and fitting will be ductile iron pipe with flanged connections. Effluent Pump Station . Inspect the check valves and plug valves at the pump discharge pipelines, and test for proper operation. 2.4 Proposed Electrical and Instrumentation Design Scope Engineer employed Kalluri Group to provide electrical and instrumentation design for the West District WWTP One Rehabilitation.Details of electrical and instrumentation design scope include the following: Process Areas Proposed Design Scope for Electrical and Instrumentation Motor Control Center . Perform comprehensive preventive maintenance and repairs on each (MCC-1)Equipment motor control bucket of MCC-1. • Inspect and test existing conductors from MCC-1 to each piece of equipment and verify operational wiring. • Perform power system study on MCC-1 with Arc Flash label compliance implementation. Headworks . Rehabilitate,test,and commission the existing Bar Screen control panel for operational readiness and provide a local disconnect for the Bar Screen drive motor. Page 4 of 7 Exhibit A WW2202 West District Wastewater Treatment Plant One Rehabilitation CITY OF BAYTOWN Professional Engineering Services • Replace the existing level instruments in the Bar Screen channel. • Test Bar Screen shutdown safety devices for proper operation. • Provide local disconnect for the Conveyor drive motor. • Test Conveyor shutdown safety devices for proper operation. • Test and commission complete headworks system for proper function. Grit Pump station . Disconnect existing Grit Pumps and devices and remove flexible connections. • Remove the existing ferrous metal junction box,and replace it with a new NEMA 4X,316 Stainless Steel box. • Remove rusting conduit,fittings and supports. Provide new aluminum conduit,flexible connections,and conductors. Grit Classifier and • Disconnect Grit Classifier and Conveyor devices and remove Conveyor existing flexible connections. • Remove the existing ferrous metal junction box,and replace it with a new NEMA4X,316 Stainless Steel box. • Remove rusting conduit,fittings and supports. Provide new aluminum conduit,flexible connections,and conductors. Clarifiers no.I and no.2 . Disconnect and remove all existing Clarifiers no.1 and no.2 electrical aspects for clarifier replacement. • Install new wiring/conduit from MCC-1 to the new Clarifier No.I and No.2 proposed control panels and devices. • Provide new clarifier walkway lighting and convenience outlets. WAS Pump Station • Disconnect existing Grit Pumps and devices and remove flexible connections. • Remove the existing ferrous metal junction box,and replace it with a new NEMA 4X,316 Stainless Steel box. • Provide new wiring/conduit from the new junction box to the new WAS Pump control panel pumps,instruments,and devices. • Provide a new local disconnect for each pump motor. Scum Pump Station • Disconnect the existing Grit Pumps and devices and remove flexible connections. • Remove the existing ferrous metal junction box,and replace it with a new NEMA4X,316 Stainless Steel box. • Provide wiring/conduit connection from the new junction box to the new Scum Pump control panel. • Provide a new local disconnect for the pump motor. Site Lighting and Outlet . Inspect Site lighting and convenience outlet wiring for proper operation. • Provide new pole wiring for light fixtures which may need repair or replacement. • Provide new outlets and weatherproof in-use cover for each location. Page 5 of 7 Exhibit A WW2202 West District Wastewater Treatment Plant One Rehabilitation CITY OF BAYTOWN Professional Engineering Services SCADA • Coordinate with Ardurra for future SCADA system design.See the following Clarification G. 2.5 Assumptions and Clarifications for Design Scope A. Cleaning,grubbing,and removal of debris and solids from the headwork channels,rapid mix and grit chamber,and aeration basins will be completed by the City of Baytown. B. Replacement of aeration blowers No.3 and No.5 will be completed by the City of Baytown. C. The existing air bridge body in aeration basins No. 1 and No. 2 will be evaluated by the aeration equipment manufacturer for repair. D. Clarifiers No. 1 and No. 2 basin floor grout layer condition will be evaluated by the clarifier manufacturer for rehabilitation or replacement. E. The replacement of two submersible effluent pumps will be completed by the City of Baytown. F. The existing motor control center(MCC-1) equipment will be evaluated by Kalluri Group along with the electrical equipment supplier for maintenance requirements. G. The existing West District WWTP One did not have an existing SCADA system nor any wiring conduit connection for installation of a SCADA network. The plant was designed to run in manual or mechanical relay operations. H. Additional scope not identified above will require additional fees. 2.6 Bidding Phase Services The Engineer shall perform the following tasks for the Bid Phase Services: A. Coordinate with the City Project Manager to advertise the project. B. Attend a pre-bid conference conducted by the City. C. Provide clarification and response to contractor questions. D. Issue addendum documents as needed. E. Prepare bid evaluation and reference checks. F. Provide Engineer's Recommendation of Award. 2.7 Construction Phase Services A. Attend the pre-construction meeting,prepare the agenda and minutes,and distribute the minutes to the City Project Manager and Contractor. B. Issue a conformed set of construction documents. C. Review Contractor submittals and Requests for Information (RFIs) and prepare responses to the Contractor. D. Attend monthly construction progress meetings. E. Review Contractor payment applications. F. Review and respond to laboratory and shop tests of material and equipment. G. Review Contractor change requests and cost proposals and provide recommendations to the City. H. Attend substantial completion inspection and final inspection and prepare and distribute punch lists. Page 6 of 7 Exhibit A WW2202 West District Wastewater Treatment Plant One Rehabilitation CITY OF BAYTOWN Professional Engineering Services I. Review and approve equipment start-up testing results in O&M manuals. J. Prepare and submit record drawings based on Contractor field changes and other documents required for project close-out. 3.0 ADDITIONAL SERVICES Unless otherwise authorized or modified by theDirector,the Engineer shall perform Additional Services in accordance with the following: 3.1 Survey Services Engineer will employ the sub-consultant,Baseline Corp,to perform a terrestrial lidar scan and topographical survey to capture point cloud data and High Dynamic Range(HDR)imagery to create the plant site background and sections. A. The surveyor will utilize the Leica RTC 360 terrestrial lidar and imaging station at various locations throughout the site to capture point cloud data and HDR imagery of the facility. B. The surveyor will establish control on-site utilizing the Leica Smartnet network, based on the Texas Coordinate System,NAD83 South Central Zone, and NAVD88 vertical datum adjusted using Geoid 12b,established in grid coordinates with units in US Survey Feet. C. Details of Survey Services and Fees are presented in Exhibit B. 3.2 Equipment Manufacturers'Field Inspection Engineer will invite the equipment manufacturers:suppliers to perform field inspections at the West District WWTP One to evaluate the existing treatment equipment for recommended repair and/or replacement.We propose to invite the following treatment process equipment manufacturers/suppliers for field inspection: A. The air bridge aeration equipment manufacturer supplier to inspect the existing air bridge mechanism, structural support,aeration equipment,and provide recommendations for repairreplacement parts. B. The clarifier equipment manufacturer,supplier to inspect and evaluate the existing Clarifiers No.l & No.2 basin floor grouting and make recommendations for grouting repair'replacement. C. The motor control equipment manufacturersupplier to inspect and evaluate the existing MCC-1 equipment,and make recommendations for maintenance,repair,and replacement parts. Page 7 of 7 Exhibit B WW2202 West District Wastewater Treatment Plant One Rehabilitation CITY OF BAYTOWN Compensation and Professional Service Fees EXHIBIT B COMPENSATION AND PROFESSIONAL SERVICE FEES FOR CITY OF BAYTOWN CONTRACT WW2202 WEST DISTRICT WASTEWATER TREATMENT PLANT ONE REHABILITATION 1.0 GENERAL Binkley&Barfield,Inc.with a team of sub-consultants(Engineer)shall supply professional engineering services for the City of Baytown WW2202 West District Wastewater Treatment Plant One Rehabilitation Project.Level of effort, manhour estimates, proposed fees, additional services, and reimbursable expenses are presented in this Exhibit B— Compensation and Professional Service Fees. 2.0 FEE SCHEDULE Engineers will submit monthly invoices with billing summaries and progress reports for all engineering work completed to date. The fees presented in this section reflect a combined effort of Basic Services and Additional Services to perform all proposed work concurrently. The following fees for Professional Services are proposed for this project: 1. Design Phase(Lum Sum) $597,300. 2. Bidding Phase(Lump Sum) $ 12,600. 3. Construction Phase(Hourly,Not to Exceed) 149 400. SubTotal Basic Services............................................................... $759,300. 4. Additional Services(Survey,Lump Sum) $ 35,230. 5. Additional Services(Equipment Manufacturer Field Inspection) $ 5,000. 6. Reimbursable Expenses(Not to Exceed) $ 570. ContractTotal........................................................................... $800,100. Refer to the attached level of effort(LOE)for details of the manhour estimate and service fees for Design Phase,Bid Phase and Construction Phase Services, Additional Services, and Reimbursable Expenses. Subconsultant's LOE and Additional Services fee proposals include the following: • Kalluri Group's service fees for electrical design,Bid Phase,and Construction Phase services are included in the Total Basic Services Fee estimate. • Additional Service for Survey Services:See Baseline's service proposal and fees. • Additional Services for Equipment Manufacturer Field Inspections are proposed for the Air Bridge system,Clarifier No.1 &No.2,and Motor Control Equipment(MCC-1). Page 1 of 1 EXHIBIT B LEVEL OF EFFORT&MAN-HOURS WEST DISTRICT WASTEWATER TREATMENT PLANT ONE REHABILITATION Update: 7/11/2023 LEVEL OF EFFORT&MAN-HOURS a MAN-HOURS SERVICE FEES Rem SERVICESITASKS DESCRIPTION Z No. 3 Principal I Sr.Project[�Prciectl Sr.CAD CAD CI.M Sub•Total Labor Costs Subtotal Fees Manager neer Designer Designer Admin Him 1.00 Project Management,Meeting,QAIQC,TCEQ Permitting 1.01 Site inspection 110 4 10 4 28 $6,134 1.02 Basis of Design preparation 2 8 16 8 ___34 $6,396 1.03 Project Kickoff Meetings with City of Baytown 2 2 2 6 $1,546 1.04 Design Progress Meetings(10 meetings) 2 10 4 10 26 $6,106 1.05 Permitting Application With Chambers County and TCEQ 2 4 8 14 $3.116 1.06 Coordination Meetings With Equipment Suppliers for Baytown 2 12 12 $6,096 WWfP Process Design 1.07 Cost estimate for WWTP rehabilitation 2 12 20 34 $7,416 1.08 Submittal reparation 2 6 6 B $4.406 1.09 90%Submittal Preparation 2 6 6 8 22 $4.406 1.10 100%Final Design u Ittal Preparation 2 6 6 8 22 $4,406 1.11 QNCC for WWTP-Construction Plans - 4 8 -- 12 $3,592 SUB TOTALS 0 22 84 8 96 4 24 8 198 $53,600 $53,600 2.00 General and Civil Plans 2.01 C Cover Sheet with Vicinity Map 1 2 4 8 14 $2,280 2.02 C Wax heets 1 2 4 a 14 $2,280 2.03 C Construction Notes 1 2 _ 4 4 10 $1.760 2.04 C Storm Water Pollution Prevention Plan 1 2 6 8 16 $2.610 2.05 C Using terrestrial lidar scan and topographical survey to create West 1 6 8 12 24 50 $8,160 District WWTP civil background 2.06 C Drainage.Paying 8 Concrete 1 4 8 8 20 $3,520 2.07 C Civil Standard Details 12 4 81 10 22 $3,780 SUB TOTALS1 8 1 01 221 01 421 121 701 01 146 $24,400 $24,400 3.00 Process Mechanical Plans 3.01 M Mechanical Legend and Notes 1 2 4 6 12 $2,020 3.02 M West District WWTP Proposed Overall Site Plan 1 2 4 12 8 24 50 $8,216 3.03 M Existing Process Schematic 8 Hydraulic Profile 1 4 6 8 18 $3,190 3.04 M Existing Grit Classifier/Conveyor,Grill Pump Equipment and Piping 1 6 10 6 10 32 $5,680 Demolition Plan 3.05 M Proposed Grit Pump System Layout Plan 1 1 6 16 6 20 49 $8,288 3.06 M Proposed Grit Pump,Piping 6 Valves Installation Dela•ls 1 1 6 16 6 24 53 $8.808 3.07 M Proposed Grit Classifier/Conveyor Equipment Layout 1 1 6 161 6 20 49 $8.288 3.08 M Proposed Grit Classifier/Conveyor Installation Data Is 2 1 8 16 6 24 55 $9,388 3.09 M Proposed Au Header Porigi Couplings Replacement 1 1 6 16 6 20 49 $8.288 3.10 M Existing Airbddge Support Demolition Plan 1 6 10 6 10 32 $5,680 3.11 M Existing Diffuser Drop and Draft Tubes Demolition Plan 1 6 10 6 10 32 $5,680 3.14 M Proposed Aubridge Support Replacement 1 1 6 16 6 20 49 $8,288 3.13 M Proposed Diffuser Drop and Draft Tubes Installation Details 1 1 6 10 6 20 43 $7,298 3.14 M Existing Rapid Mix Equipment Demolition Plan-Including Shear 1 6 10 6 10 32 $5,680 Tubes,Deflector Plate and Supports 3.15 M Existing Weir Gate Demolition Plan-Two 7-ft Weir Gales 1 6 _ 10 6- 8 30 $5,420 3.16 M Proposed Rapid Mix Equipment Installation,including shear tubes, 1 1 6 16 6 22 51 $8.548 deflector plate,supports 3.17 M Proposed 7-ft Weir Gales Layout and Installation Details 1 1 6 16 6 20 49 $8,288 3.18 M Existing Clarifiers Demolition Plan 1 6 10 6 10 32 $5,680 3.19 M Proposed Clarifiers Layout Plan 1 1 61 20 6 24 57 $9,468 3.20 M Proposed Clanfiers Profile Elevation 1 1 6 20 6 24 57 $9,468 3.21 M Proposed Clarifiers Equipment Installation Details 2 1 1 6 20 6 24 57 $9.468 3.22 M Existing RAS Airlift Pumps Demolition Plan 1 6 10 6 8 30 $5,420 3.23 M Proposed RAS Airlift Pumps Replacement-Layout 1 1 6 16 6 22 51 $8,548 3.24 M Proposed RAS Airlift Pumps Replacement-Profile 1 1 6 16 6 20 49 $8,288 3.25 M Existing WAS Pump Station Demolition Plan 1 6 10 6 8 30 $5,420 3.26 M Proposed WAS Pump Station Layout Plan 1 f 6 _ 16 6 20 49_ E8,288 3.P7 M Proposed WAS Pumps,Piping,Valves installation details 1 1 61 16 6 22 51 $8,548 3.28 M Existing Sam Pump Station Egmpmenl Demolibon Plan 1 6 10 6 8 30 $5,420 3.29 M Proposed Sam Pump Station Layout Plan 1 1 6 16 6 20 49 $8.288 3.30 M Proposed Sam Pumps,Piping,Valves installation details 1 1 6 16 6 _ 22 _ 51 $8.548 3.31 M Existing Chlorine Basin Equipment Demolition Plan 1 6 10 6 8 30 $5,420 3.32 M Proposed Chlorine Basin Equipment Replacement 1 1 6 161 6 22 51 $8,548 3.33 M Existing Air Header Piping Support Replacement 1 6 101 6 10 32 $5,680 3.34 M Proposed Air Header Piping Rape r Plan 1 + 6 _ 16 6 20 49 $8,288 3.35 M rilechanicef Slandwri Ge6iils,Notes 4 6 8 16 30 $5,140 SUB TOTALS 40 221 2041 01 466 194 584 0 1470 $251,0001 $251,000 A:\Infrastructure\92-PRE-MP PROJECTS\City of Baytown W VTP Rehab-PBBH0U5159\Proposal\Exhibit 8-881 LOE Baytown W WfP xlsx EXHIBIT B LEVEL OF EFFORT&MAN-HOURS WEST DISTRICT WASTEWATER TREATMENT PLANT ONE REHABILITATION Update: 7/11n023 LEVEL OF EFFORT&MAN-HOURS o MAN-HOURS SERVICE FEES Rem SERVICESITASKS DESCRIPTION Z No. L9 Sr.Protect structure WW Prolad Sr.CAD CAD Clerkl Sub-Total Prindpal Labor Costs Subtotal Fees p Manager Engineer Engineer Designer Designer Admin His. 4.00 Structural Plans 4,01 S Structural Support for Headworks Grating Replacement 1 4 10 4 6 8 32 $6,150 4.02 S Structural Support for Air Bridge Modifications 1 4 20 4 12 24 64 $11,520 4.03 S Structural Support for Rapid Mix Equipment(Aidift Pumps and We r 1 4 10 4 6 8 32 Gate)Modifications $6,150 4.04 S Structural Support for clarifiers Bridge 1 4 10 4 6 8 32 $6,150 4.05 S Structural Support for Grit Chamber Equipment 1 4 10 4 6 8 32 $6J50 4.06 S Structural Support for Grit Pumps I Piping 1 4 10 4 6 8 32 $6,150 4.07 S Structural Support for Grit Classifiier/Conveyor 1 4 10 4 6 8 32 $6,150 4.08 S Structural Support for WAS Pumps I Piping 1 4 10 4 6 8 32 $6,150 4.09 S Structural Support for Scum Pumps/Pip ng Installation 1 4 10 4 6 8 32 $6,150 4.10 S Structural Standard Details Sheets 2 4 10 4 8 26 $5,160 4.11 S Structural Legends and Notes Sheet 1 4 10 4 8 26 $5,160 SUB TOTALS 12 0 44 120 44 60 104 0 372 $71000 $71,000 5.00 Electrical And Instrumentation(By KALLURI Group) Electrical And Instrumentation Rehab/Repair Design(By 5.01 E KALLURI Group) 30 $150,400 5.02 E BBI coordinate with Electrical Design for Equipment Installation 121 121 24 $5,500 SUBTOTALS 30 0 121 0 121 0 0 0 24 $155900 $155,900 6.00 Technical Specifications 6.01 Summary of World Bid Form 8 12 16 36 $5,900 6.01 Division 3.9.Construction Specifications 8 12 16 36 $5,900 6.02 Division 11-WWTP Equipment Spec 16 36 24 76 $12.960 6.03 Division 13-Instrumentation,PLC&Contrds 12 8 12 32 $6,000 6.04 Division 15-WWTP Mechanical Specs(pipes,valves,motors,etc.) 12 24 16 52 $9,040 6.05 Division 16-Electrical Spec(by KALLURI Group) 16 16 $1,600 SUB TOTALS 0 0 56 0 92 0 0 100 248 $41,400 $41,400 SUBTOTAL Final Design Phase Services 9e 44 422 128 752 270 782 toff 2458 $697,300 7.00 Bid Phase Services 7.01 Pre-Bid Meeting 3 3 6 $1,360 7.02 RFI Responses for Questions and Clarifications 6 61 6 18 $3.510 7.03 Addendum Plans&Specs as required) 3 6 6 15 $2,640 7.04 Prepare Bid Tabulation and Recommendation 3 8 11 $2.190 7.05 Bid Phase Services by Kalluri Group 0 $2.900 SUB TOTAL BID PHASE SERVICES 0 0 15 0 23 0 12 0 50 $12 600 $12 600 SUB TOTAL LUMP SUM FINAL DESIGN&BID PHASE SERVICES $609,900 8.00 Construction Phase Services Hour 8.01 Pre-Construction Meeting 3. 3 6 $1,366 8.02 Issue Conform Documents for Construction _ 3 6 3 12 $2,160 8.03 Shop Drawing,68NSubmftW Review(50 submittals) 50 20 _90 160 $33.950 8.04 Response to RFIs(35 RFls) 50 20 70 140 $30,650 8.05 Construction Progress Meetings(18 meetings) 36 36 72 $16.380 8.06 Review and approve Contractor Pay Request 40 40 $11,600 8.07 Coordinate with City PM for Charge Order Proposal 20 _ 20 40 $9.100. 8.08 Pm)ecl Substantial Completion Meeting and Punch Ust 6 2 8 16 $3,520 8.09 Project Final Completion Meeting and Closeout(1 meeting) 4 - q 8 $1,820 8.10 Submit Foal As Bull Plans to the City 1 2 8 24 35 $5,338 8A l Project Completion Transmittal Letter to TCEQ - q - 4 $1.162 8.12 ConsWdfon Phase Services by Kailud Group 0 $32,354 ESTIMATE CONSTRUCTION PHASE SERVICES 0 1 218 42 239 6 24 3 533 $149A00 $149 400 CONSTRUCTION PHASE SERVICES(Hourly.Not to Exceed) $149,400 9.00 Additional Services 9.01 Terrestrial Lidar Scan and Topographical Survey(See Baseline Corp.Proposal) $35,230.00 Equipment Manufacturer Field Inspection for Air Bridge 9.02 system;Clarifier No.1&No.2;and MCC4,Motor Control Equipment Est mated $5,000.00 SUB TOTAL ADDITIONAL SERVICES $ 40,230 luo Reimbursable Expenses: 10.01 Gas Mileage and Document Printing $570 PROJECT TOTAL: $800,100 A:\Infrastructure\92-PRE-NTP PROJECTS\City of Baytown WWTP Rehab-PBBH0U5159\Proposal\Exhibit 8-BB;LOE Baytown W WTP xlsx BASELINE ^^P="Y"I�I 6/12/2023 EXHIBIT B Revised 6/13/2023 Proposal for Professional Surveying Services Baytown West District WWTP One Facility Survey Harris County, Texas Baseline Corporation appreciates the opportunity to provide this proposal for professional surveying services at the Baytown Wastewater Treatment Facility in Harris County,Texas.This proposal is based on conversations with, and exhibits provided by the Client's representative, Li Chen. The Project site is located at 1510 IH-10, Baytown, TX 77521. It is our understanding that the client is requesting a facility survey consisting of a 3d model from terrestrial lidar scans to support rehab design, and ortho-rectified aerial imagery with 2d planimetrics to support the engineer's site plan. f Scope of Services: Facility Survey/3d Model Surveyor will perform terrestrial lidar scanning and imaging of the facilities shown within the above referenced site limits shown above in yellow according to Baytown WWTP project site.pdf and those fourteen bulleted items listed in the email request received from Li Chen on Wednesday 6/7/2023. Surveyor will establish control on site utilizing the Leica Smartnet network, based on the Texas Coordinate System, NAD83 South Central Zone, and NAVD88 vertical datum adjusted using Geoid 12b, in grid coordinates with units in US Survey Feet. Surveyor will utilize the Leica RTC360 terrestrial lidar and imaging station at various locations throughout the site to capture point cloud data and HDR imagery of the facility. Point clouds will be constrained using Leica Register360 with RMSE reporting sufficient for 3D modeling. Surveyor will generate 31) model objects of the facility at LOD 300 where 1750 Seamist Dr Houston,TX 77008 1 713.869 0155 1 TxSury F-10030200 I BaselineSurveyors ne identifiable features measured at greater than 1" will be modeled and classified on individual generic layers. Modeled features will include the aeration basin structure and associated features such as the walkway bridge, beams, support poles and piping. The 3D model will be delivered in AutoCAD .dwg format in Leica Truview format. Deliverables will be submitted within 6 weeks of receipt of notice to proceed and client is to coordinate access. Ortho-imagery& Planimetrics Surveyor will perform aerial mapping from UAS-based ortho-imagery of the project site shown above. High-resolution imagery will be captured utilizing the DJI Matrice 300 and processed to generate georeferenced ortho-imagery. The imagery will be based on control established as part of the Facility Survey. Surveyor will extract generic 2d planimetric linework from the imagery to support the engineer's site plan. Planimetrics will be delivered in AutoCAD .dwg format, and ortho-imagery will be delivered in ECW/ TIFF format. Deliverables will be submitted within 2 weeks of receipt of notice to proceed and client is to coordinate access. Compensation: The above Scope of Services shall be completed for the following per task estimated lump sum fees: Facility Survey/3d Model— $29,220 Ortho-imagery & Planimetrics— $ 6,010 Project Total: $35,230 Labor Classification Hourly Rate 3D Model Ortho& Planimetrics Principal(PE/RPLS) $ 250.00 2 1 Sr. Project Manager(RPLS) $ 175.00 16 Project Manager(RPLS) $ 160.00 2 Project Surveyor $ 140.00 30 5 Sr.Survey Technician(SIT) $ 115.00 6 10 Survey Technician $ 100.00 2 Sr.GIS/UDAR Manager $ 140.00 120 2 Administrative Assistant $ 80.00 2 1-Person Survey Crew(GPS/RTK) $ 110.00 1 2-Person Survey Crew(GPS/RTK) $ 175.00 16 10 Sub-Total Manhours per Phase/Task $ 28,260.00 $ 4,450.00 Baseline Expense Budget Hourly Rate Drone $ 600.00 1 Laser Scanner $ 80.00 12 Sub-Total Expense Fee per Phase/Task $ 960.00 1 $ 1,560.00 TOTAL: 1 $29,220.00 1 $ 6,010.00 2 Exhibit C WW2202 West District Wastewater Treatment Plant One Rehabilitation CITY OF BAYTOWN Project Schedule EXHIBIT C PROJECT SCHEDULE FOR CITY OF BAYTOWN CONTRACT WW2202 WEST DISTRICT WASTEWATER TREATMENT PLANT ONE REHABILITATION 1.0 GENERAL Binkley&Barfield,Inc.with a team of sub-consultants(Engineer)shall supply professional engineering services for the City of Baytown WW2202 West District Wastewater Treatment Plant One Rehabilitation Project. The Project Schedules are proposed as follows: 2.0 PROJECT SCHEDULE Final Design Schedule(including survey)total: 270 calendar days 1. Field inspection and survey 30 calendar days 2. 600,6 draft plans and specifications submittal 75 calendar days for the proposed equipment layout,profile, and draft technical specifications. City of Baytown review of 600:0 Submittal 15 calendar days 3. 90%design plans and specifications 60 calendar days for the proposed equipment layout,profile, installation details with technical specifications, Summary of Work and Bid format. City of Baytown review of 900 a Submittal 15 calendar days 4. Final complete plans and specifications 60 calendar days Submittal,and permitting City of Baytown review of Final Submittal, 15 calendar days and signature Bidding Phase 30-45 calendar days Construction Phase 600 calendar days(Note) (Note:Construction schedule assumes the availability of materials and contractors) Page 1 of 1