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Ordinance No. 15,790 ORDINANCE NO. 15,790 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MAGNA FLOW ENVIRONMENTAL, INC., FOR THE AS-NEEDED SLUDGE, GRIT, AND DEBRIS REMOVAL AT TREATMENT PLANTS AND LIFT STATIONS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH MAGNA FLOW ENVIRONMENTAL, INC., FOR THE AS-NEEDED SLUDGE, GRIT, AND DEBRIS REMOVAL PROJECT AT THE TREATMENT PLANTS AND LIFT STATIONS; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF NINE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($925,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, the City Council of the City of Baytown did advertise for bids for the as- needed sludge,grit,and debris removal at treatment plants and lift stations to be received on March 4, 2024; and WHEREAS, notice to bidders as to the time and place, when and where the bids would be publicly opened and read aloud was published pursuant to provisions of Texas Local Government Code Annotated § 252.041; and WHEREAS, all bids were opened and publicly read at City Hall at 2:00 o'clock p.m., Monday, March 4, 2024, as per published notice to bidders; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby accepts the bid of Magna Flow Environmental, Inc., for as-needed sludge, grit, and debris removal at treatment plants and lift stations, and authorizes payment of an amount not to exceed NINE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($925,000.00); the City Manager is hereby authorized and directed to execute and the City Clerk is to attest to a contract with Magna Flow Environmental, Inc., for the above-described services and appropriate bond requirements in accordance with the provisions of Texas Government Code, Chapter 2253. Section 2: That pursuant to the provisions of Texas Local Government Code Annotated § 252.048,the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor to such decrease. Section 3: 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 25th day of April, 2024. NDON CAPETILL , Mayor Ani �o�•,aAYTQF',yCoo e w o• Y( A ELA CKSO pity Yerco � OF APPROVED S O FORM: SCOTT LEM ND, City Attorney R:Vance Hinds Ordinances\2024\2024.04.25.Ordmance for Award Sludge&Grit Removal Contract Magna Flow Environmental.docx 2 EXHIBIT "A" AGREEMENT FOR SLUDGE, GRIT&DEBRIS REMOVAL STATE OF TEXAS § COUNTY OF HARRIS § This Agreement (this "Agreement") is entered into by and between Magna Flow Environmental (hereinafter "Vendor") and the City of Baytown, a home-rule municipality located in Harris and Chambers Counties,Texas(the "City"). 1. Scope of Services/Vendor Fees a. This Agreement authorizes Vendor to perform Sludge, Grit & Debris Removal services for Treatment Plants &Lift Stations(the "Work")for and on behalf of the City as specified in the Scope of Work attached as Exhibit"A." b. This Agreement shall commence on the date of execution by the City Manager and (if not terminated in accordance with paragraph 10) shall terminate: ❑ upon completion of the Work in accordance with this Agreement, including Exhibits; ® Twelve (12])months following execution by the City Manager, allowing for up to four(4) annual renewals; ❑ 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, allowing for up to number of renewals (spelled out) annual renewals. C. The scope of the Work is detailed in Exhibit"A." d. The time schedules for the Work are specified in Exhibit'B." C. Each of these Exhibits "A" through "B" is incorporated into this Agreement by reference for all purposes. 2. Compensation and Fees a. The City shall pay the Vendor based upon detailed invoices submitted by the Vendor based upon the following: i. Sludge removal per cubic yard ...............................................................$375.00 ii. Wet Haul Service,per gallon.................................................................$00..075 iii. Description of work or services......................................$Dollar Amount.Cents iv. Description of work or services......................................$Dollar Amount.Cents v. Description of work or services......................................$Dollar Amount.Cents vi. Total (not to exceed).......................................................................$925,000.00 Agreement for Services,Page 1 b. If this Agreement allows for annual renewals, Compensation and Fees ® shall / ❑ shall not increase annually based upon year-to-year changes in the Consumer Price Index Urban ("CPIU"). CPIU increases under this agreement shall be adjusted to reflect the CPIU sixty-four (64) days prior to the effective date of the renewed contract. Vendor understands and agrees that CPIU increases under this Agreement are not automatic. Vendor shall not be entitled to a CPIU increase unless, at least sixty-four (64) days prior to the effective date of each renewed contract, Vendor notifies the City, in writing in accordance with Paragraph 1(b),of its desire to obtain a CPIU increase. C. Vendor shall not exceed the fixed contractual amount without written authorization in the form of a contract amendment. d. Vendor 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. Vendor 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 Vendor'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. f. The City shall pay Vendor the maximum rate permitted by Chapter 2251 of the Texas Government Code on any past due payment not received within 30 days after the payment due date. In accordance with § 2251.043, in a formal administrative or judicial action to collect an invoice payment or interest due under this chapter, the opposing party, which may be the City or Vendor, shall pay the reasonable attorney fees of the prevailing party. 3. Personnel of Vendor a. Vendor's Project Manager Vendor shall designate Clay Hoffpauir, to serve as Project Manager for the Work performed under this Agreement. Any change of Project Manager shall require thirty(30) days advance written approval from the City's Representative. b. Data on Vendor's Employees Prior to commencement of the Work, Vendor shall forward to the City a detailed resume of the personnel that will be assigned to the Work. d. Rejection of Vendor's Employees The City reserves the right to approve or reject from the Work any employees of Vendor. Agreement for Services,Page 2 Rev.05/12/2023 4. Designation and Duties of the City's Representative a. The Director of Public Works/Engineering or his/her designee shall act as the City's Representative. b. The City's Representative shall use his/her best efforts to provide nonconfidential City records for Vendor's use. However,the City does not guarantee the accuracy or correctness of the documents so provided. Notwithstanding the foregoing, Vendor 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. Vendor shall perform all services under this Agreement with the care and skill ordinarily used by members of Vendor's profession practicing under the same or similar circumstances, time and locality. Opinion of probable costs shall be based upon the Vendor's experience and represent its best judgment as an experienced and skilled practitioner. Each submittal of opinion of probable cost shall be commensurate with the project design. Vendor shall be responsible for the accuracy of its services and documents resulting therefrom, and the City shall not be responsible for discovering deficiencies therein. Vendor shall correct such deficiencies without additional compensation. b. Codes and Standards i. All references to codes, standards, environmental regulations and/or material specifications shall be to the latest revision, including all effective supplements or addenda thereto, as of the date that the requestor for Work is made by the City. ii. 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. iii. The codes and standards used in the profession set forth minimum requirements. These may be exceeded by the Vendor if superior methods are available for successful completion of the Work. Any alternative codes or regulations used shall have requirements that are equivalent or better than those in the above-listed codes and regulations. Vendor shall state the alternative codes and regulations used. Agreement for Services,Page 3 Rev.05/12/2023 iv. Vendor agrees the services it provides as an experienced and qualified sludge, sand & debris remover will reflect the professional standards, procedures and performances common in the industry for this project. Vendor 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. V. Vendor shall promptly correct any defects caused by Vendor at no cost to City. The City's approval,acceptance,use of or payment for all or any part of Vendor's services hereunder or of the Work itself shall in no way alter Vendor's obligations or the City's rights under this Agreement. As applicable, Vendor shall provide the City with record "as-built" drawings relating to the Work in an electronic format that is acceptable to the City. City shall be in receipt of record drawings, if applicable, prior to final payment. 6. Schedule Vendor shall not proceed with the Work or any stage thereof until written notice to proceed is provided by the City's Representative. 7. Insurance Vendor 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 Vendor, its agents,representatives, volunteers,employees or subcontractors. a. Vendor'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 Vendor's insurance and shall not contribute to it. Further, Vendor shall include all subcontractors, agents and assigns as additional insureds under its policy or shall furnish separate certificates and endorsements for each such person or entity. All coverages for subcontractors and assigns shall be subject to all of the requirements stated herein. The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: i. Commercial General Liability ■ General Aggregate: $2,000,000 ■ Products &Completed Operations Aggregate: $2,000,000 ■ Personal &Advertising Injury: $1,000,000 ■ Per Occurrence: $1,000,000 ■ Fire Damage$500,000 ■ Waiver of Subrogation required ■ Coverage shall be broad form Agreement for Services,Page 4 Rev.05/12/2023 ■ No coverage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance. ii. Business Automobile Policy ■ Combined Single Limits: $1,000,000 ■ Coverage for"Any Auto" ■ Waiver of Subrogation required iii. Errors and Omissions ■ Limit: $1,000,000 for this project ■ Claims-made form is acceptable ■ Coverage will be in force for one (1) year after completion of the Project ■ Waiver of Subrogation required iv. Workers'Compensation ■ Statutory Limits ■ Employer's Liability$500,000 ■ Waiver of Subrogation required b. The following shall be applicable to all policies of insurance required herein: i. Insurance carrier for all liability policies must have an A.M.Best Rating of A:VIII or better. ii. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. iii. Liability policies must be on occurrence form. Errors and Omissions can be on claims-made form. iv. Each insurance policy shall be endorsed to state that coverage shall not be suspended,voided,canceled or reduced in coverage or in limits except after thirty (30) days prior written notice by mail, return receipt requested, has been given to the City. V. The City, its officers, agents and employees are to be added as Additional Insureds to all liability policies, with the exception of the Workers' Compensation and Errors and Omissions Policies required herein. vi. Upon request and without cost to the City, certified copies of all insurance policies and/or certificates of insurance shall be furnished to the City. vii. Upon request and without cost to the City, loss runs (claims listing) of any and/or all insurance coverages shall be furnished to the City. Ap_reement for Services,Page 5 Rev.05/12/2023 viii. All insurance required herein shall be secured and maintained in a company or companies satisfactory to the City, and shall be carried in the name of Vendor. Vendor shall provide copies of insurance policies and endorsements required hereunder to the City on or before the effective date of this Agreement. 8. Indemnification and Release VENDOR 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 VENDOR OR THE VENDOR'S AGENT, VENDOR UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE VENDOR EXERCISES CONTROL (COLLECTIVELY, VENDOR'S PARTIES). IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH VENDOR AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY VENDOR TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF VENDOR'S PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE AS WELL AS THE VENDOR'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 VENDOR'S PARTIES. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY FROM WHICH THE CITY IS INDEMNIFIED, VENDOR FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL Aareement for Services,Page 6 Rev.05/1 2/2023 ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS AGREEMENT. By this Agreement,the City does not consent to litigation or suit,and the City hereby expressly revolves 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. Vendor 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 Vendor's services to be performed hereunder. This release shall apply with respect to Vendor's services regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. 9. Subcontractors Vendor shall receive written approval of the City's Representative prior to the use of any subcontractors. A copy of all proposed contracts with subcontractors shall be given to the City before execution of such contracts. 10. Termination of Vendor 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 Vendor of the City's election to do so. Furthermore, the City may immediately and without notice terminate this Agreement if Vendor 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 Vendor 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 Vendor; (d) the dissolution of Vendor; (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 the 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, Vendor shall discontinue all services in connection with the performance of the Agreement. Within ten (10) days after receipt of the notice of termination, Vendor shall submit a final statement showing in detail the services Agreement for Services,Page 7 Rev.05/12/2023 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, Vendor shall also tender to the City's Representative all of Vendor'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 Vendor 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, Vendor shall be liable for any damage to the City resulting therefrom. This liability includes any increased costs incurred by the City in completing Vendor'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. 11. 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. 12. Supervision of Vendor Vendor is an independent contractor, and the City neither reserves nor possesses any right to control the details of the Work performed by Vendor under the terms of this Agreement. 13. Billing The City shall have thirty (30) days to pay Vendor'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. Vendor 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 Vendor and/or its subcontractors perform the services or incur the expense. Failure by Vendor to comply with this requirement shall result in Vendor's invoice being denied and the City being relieved from any liability for payment of the late invoice. 14. Indebtedness If Vendor, at any time during the term of this Agreement, incurs a debt,as that 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 Vendor has incurred a debt, the City's Director of Finance shall immediately notify Vendor in writing. If Vendor 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 Vendor under this Agreement, and Vendor waives any recourse therefor. 15. Verifications If Vendor has ten (10) or more full-time employees and Vendor's total compensation under this Agreement has a value of One Hundred Thousand Dollars ($100,000.00)or more, Vendor makes the following verifications in accordance with Chapters 2271 and 2274 of the Texas Government Code: Agreement for Services,Page 8 Rev.05/12/2023 a. the Vendor does not boycott Israel and will not boycott Israel during the term of the contract to be entered into with the City of Baytown; b. the Vendor does not boycott energy companies and will not boycott energy companies during the term of the contract to be entered into with the City of Baytown; and C. the Vendor 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. 16. 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. 17. 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 Vendor: Magna Flow Environmental Clay Hoffpauir 14915 Highway 59 N Humble, TX 77396 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. Agreement for Services,Page 9 Rev.05/12/2023 18. No Third-Party Beneficiary This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit Vendor and the City only. No person or entity not a signatory to this Agreement shall be entitled to rely on Vendor's performance of its services hereunder, and no right to assert a claim against Vendor by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Vendor's services hereunder. 19. No Right to Arbitration Notwithstanding anything to the contrary contained in this Agreement,the City and Vendor hereby agree that no claim or dispute between the City and Vendor 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, Vendor consents to be joined in the arbitration proceeding if Vendor's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. 20. 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. 21. Complete Agreement This Agreement represents the entire and integrated Agreement between the City and Vendor 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 Vendor accept and agree to these terms. 22. No Assignment Vendor 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. 23. Headings The headings used in this Agreement are for general reference only and do not have special significance. 24. 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. 25. 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. Agreement for Services,Page 10 Rev.05/12/2023 26. Authority The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the day of , 20_, the date of execution by the City Manager of the City of Baytown. CITY OF BAYTOWN JASON E. REYNOLDS, City Manager ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: SCOTT LEMOND, City Attorne} VENDOR: Clay H pauir ignature) 41A4 I (Printed Name) Z1r {AU Pi��irnf (Title) Agreement for Services, Page 1 1 Rev.05/12/2023 STATE OF TEXAS § COUNTY OF HARRIS § Before me on this day personally appeared ���� rkLV,0 r f�;.r in his/her capacity as V Q o-C ppgT air..0 , on behalf of tAaLQ,ncx ❑v` 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 'rG day of ;� , 20`)JA Notary Pub in and for the State of Texas ANGIE RD224 My Notary ID 'jF of,fit: Expires Aug R Karen Anderson%CON TRACTSCfFMPLA'I'FS\Non-Professional Services Template-Non Grant(Pillable).dou Ayreement for Services,Page 12 Rev.05/12/2023 EXHIBIT A The City has 4(four)treatment plants and 86 lift stations throughout the City of Baytown. The cleaning of any location requires the complete removal,transportation,and disposal of sludge, grit/sand and debris to a TCEQ approved disposal site. Bid pricing shall be on a Per Cubic Yard removal. Wet haul services and sludge transfer services will be priced per gallon. Estimated annual budget is$925,000.00. This contract is for 1 (one)year with 4 (four) possible annual renewals for a maximum of 5 (five) years. Specifications: The City of Baytown seeks competitive bids for as-needed services for the cleaning and wet haul/sludge transfer services for the following: • Grit Influent Cleaning • Digester Cleaning • Wet Well Cleaning • Aeration Basin Cleaning • All other types of sludge, grit/sand and debris removal from the treatment plants and lift stations • Wet Hauls/Sludge Transfer,per gallon, from plant to plant within the city