No preview available
Ordinance No. 16,019 ORDINANCE NO. 16,019 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS, INC., FOR THE CITY OF BAYTOWN CONDITION ASSESSMENT AND CAPITAL IMPROVEMENT PLAN DEVELOPMENT FOR THE WASTEWATER TREATMENT PLANTS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF FIVE HUNDRED TWENTY-SIX THOUSAND FOUR HUNDRED THREE AND NOI100 DOLLARS ($526,403.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown,Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to a Professional Services Agreement with Carollo Engineers, Inc., for the City of Baytown Condition Assessment and Capital Improvement Plan Development for the Wastewater Treatment Plants. A copy of said agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Carollo Engineers, Inc., in an amount of FIVE HUNDRED TWENTY-SIX THOUSAND FOUR HUNDRED THREE AND NO/100 DOLLARS ($526,403.00) 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 t ve vote of the City Council of the City of Baytown this the 19"'day of November, 2024. a� 0��NYT0P,,,y A.°° °.o�.. NDON CAPETIL O, Mayo EST:LQ E O O r° ° c ANGELA J CK§_0_ i A".'=<1. APPROVED AS T FOR SCOTT LEMO ,City Attorney R:•.Ordinances and Resolutions Ordinance Drafts 2024-11-19 Ordinance Authorizing PSA with Carollo for Condition Assessment and CIP Development for Wastewater Treahnent Plan.kh.docx EXHIBIT "A" AGREEMENT FOR CONSULTING SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This Agreement (this "Agreement") is entered into by and between Carollo Engineers, Inc. (hereinafter "Consultant") and the City of Baytown, a home-rule municipality located in Harris and Chambers Counties,Texas (the "City"). 1. Scope of Services/Consultant Fees a. This Agreement authorizes Consultant to perform Condition Assessment and Capital Improvement Plan (CIP) Development for the Wastewater Treatment Plants services for the City of Baytown (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; ❑ 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; ❑ 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." e. Each of these Exhibits "A" through "B" 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: i. Condition Assessment & CIP Development Plan for the Wastewater Treatment Plants........................................................................$5261403.00 ii. N/A........................................................................................................$0.00 Aereement for Consulting Services.Page 1 ... ...................$0.00 iv. N/A..................................................................................I.....................$0.00 V. N/A................................................................................ 00 vi. Total Not to Exceed..................................................................S526,403.00 b. 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 office to meetings at the City or jobsite only if Consultant does not have a local office within a fifty(50) mile radius of Baytown. 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 has been approved in writing by the City. d. Disallowed Expenses If Consultant has an office in Harris or Chambers Counties, Texas. Disallowed Expenses shall include travel expenses for professionals traveling into Harris or Chambers Counties from Consultant's offices outside of Harris or Chambers Counties. e. 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. f. 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 AP reement for Professional Sen ices.Page 2 revised 6.12.24 Consultant shall designate Meera Victor,to serve as Project Manager for the Work performed under this Agreement. Any change of Project Manager shall require thirty (30)days advance written approval from the City's Representative. b. Licensed and Registered Engineer Consultant shall keep full-time registered engineer_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. 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 Director of Public Works and Engineering or his/her 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 use. 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. b. Codes and Standards Agreement for Professional Sen ices,Page 3 revised 6.12.24 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. The codes and standards used in the profession set forth minimum requirements.These may be exceeded by the Consultant 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. Consultant shall state the alternative codes and regulations used. iv. Consultant agrees the services it provides as an experienced and qualified engineer will reflect the professional standards. procedures and performances common in the industry for this project. Consultant further agrees that any analysis. reports, preparation of drawings. the designation or selection of materials and equipment. the selection and supervision of personnel and the performance of other services under this contract will be pursuant to the standard of performance common in the profession. V. Consultant shall promptly correct any defective analysis caused by Consultant at no cost to City. The City's approval. acceptance, use of or payment for all or any part of Consultant's services hereunder or of the Work itself shall in no way alter Consultant's obligations or the City's rights under this Agreement. As applicable, Consultant shall provide the City with record "as-built" drawings relating to the Work in an electronic format that is acceptable to the City. City shall be in receipt of record drawings. if applicable, prior to final payment. vi. 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 judgement. Consultant cannot and does not guarantee that actual costs and/or quantities realized will vary from the data projections and estimates prepared by Consultant. 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. Agreement for Professional Sen ices.Page 4 revised 6.12.24 7. Insurance Consultant shall procure and maintain at its sole cost and expense for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, volunteers, employees or subconsultants. a. Consultant's insurance coverage shall be primary insurance with respect to the City, its officials, employees and agents. Any insurance or self-insurance maintained by the City, its officials, employees or agents shall be considered in excess of Consultant's insurance and shall not contribute to it. Further. Consultant shall include all subconsultants,agents and assigns as additional insureds under its policy or shall furnish separate certificates and endorsements for each such person or entity. All coverages for subconsultants and assigns shall be subject to all of the requirements stated herein. The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: i. Commercial General Liability ■ General Aggregate: $2,000,000 ■ Products & Completed Operations Aggregate: $2,000,000 ■ Personal & Advertising Injury: $1,000,000 ■ Per Occurrence: $1,000,000 ■ Fire Damage$500,000 ■ Waiver of Subrogation required ■ Coverage shall be broad form ■ No coverage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance. ii. Business Automobile Policy ■ Combined Single Limits: $1,000,000 ■ Coverage for "Any Auto" ■ Waiver of Subrogation required. iii. Errors and Omissions ■ Limit: $1,000,000 for this project ■ 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. Agreement for Professional Sen ices.Page 5 revised 6.]2.24 b. The following shall be applicable to all policies of insurance required herein. i. Insurance carrier for all liability policies must have an A.M. Best Rating of A:V I I I or better. ii. Only insurance carriers licensed and authorized to do business in the State of Texas will be accepted. iii. Liability policies must be on occurrence form. Errors and Omissions can be on claims-made form. iv. Each insurance policy shall be endorsed to state that coverage shall not be suspended.voided,canceled or reduced in coverage or in limits except after thirty (30) days prior written notice by mail, return receipt requested, has been given to the City. V. The City, its officers, agents and employees are to be added as Additional Insureds to all liability policies, with the exception of the Workers' Compensation and Errors and Omissions Policies required herein. vi. Upon request and without cost to the City, certified copies of all insurance policies and/or certificates of insurance shall be furnished to the City. vii. Upon request and without cost to the City, loss runs (claims listing) of any and/or all insurance coverages shall be furnished to the City. viii. All insurance required herein shall be secured and maintained in a company or companies satisfactory to the City, and shall be carried in the name of Consultant. Consultant shall provide copies of insurance policies and endorsements required hereunder to the City on or before the effective date of this Agreement. 8. 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 Agreement for Professional Sen ices. Page 6 revised 6.12.24 INFRINGEMENT,OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE PROFESSIONAL OR THE CONSULTANT'S AGENT,CONSULTANT UNDER CONTRACT,OR ANOTHER ENTITY OVER WHICH THE CONSULTANT EXERCISES CONTROL (COLLECTIVELY, CONSULTANT'S PARTIES). IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH CONSULTANT AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONSULTANT TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF CONSULTANT'S PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE AS WELL AS THE CONSULTANT'S PARTIES' INTENTIONAL TORTS, INTELLECTUAL PROPERTY INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF ANY PERSON OTHER THAN THE CONSULTANT'S PARTIES. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY FROM WHICH THE CITY IS INDEMNIFIED, CONSULTANT FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS AGREEMENT. By this Agreement,the City does not consent to litigation or suit,and the City hereby expressly revokes any consent to litigation that it may have granted by the terms of this Contract or any other contract or agreement, any charter, or applicable state law. Nothing herein shall be construed so as to limit or waive the City's sovereign immunity. Consultant assumes full responsibility for its services performed hereunder and hereby releases, relinquishes and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties)and any loss of or damage to property(whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by,arising out of,or in connection with Consultant's services to be performed hereunder. This release shall apply with respect to Consultant's services regardless of whether said claims,demands,and causes of action are covered in whole or in part by insurance. Aereement for Professional Seri ices.Page 7 revised 6.12.24 9. 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. 10. 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 and, 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. 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. Except for proprietary data, which we are enjoined from sharing. areement for Professional Seri ices. Paee 8 revised 6.12.24 12. 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. 13. 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. The City shall pay Consultant the maximum rate permitted by Chapter 2251 of the Texas Government Code on any past due payment not received within thirty(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 Consultant. shall pay the reasonable attorney fees of the prevailing party. 14. 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. 15. 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. the Consultant does not boycott Israel and will not boycott Israel during the term of the contract to be entered into with the City of Baytown; b. the Consultant does not boycott energy companies and will not boycott energy companies during the term of the contract to be entered into with the City of Baytown; and C. the Consultant does not have a practice, policy, guidance. or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association. Agreement for Professional Ser%ices.Page 9 reprised 6.12.24 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 part),to be notified, with return receipt requested, or by delivering the same to an officer of such party. Notice deposited in the mail as described above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of three (3)days after it is so deposited. For the purpose of notice, the addresses of the parties shall be as follows unless properly changed as provided for herein below: For the City: CITY OF BAYTOWN Attn: City Manager P. O. Box 424 Baytown, Texas 77522-0424 For Consultant: Carollo Engineers, Inc. Attn: Meera Victor 10375 Richmond Avenue,Suite 1625 Houston,Texas 77042 Each party shall have the right from time to time at any time to change its respective address and each shall have the right to specify a new address, provided that at least fifteen (15) days written notice is given of such new address to the other party. 21. No Third-Party Beneficiary This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit Consultant and the City only. No person or entity not a signatory to this Agreement shall be entitled to rely on Professional's performance of its services hereunder, and no right to assert a claim against Professional by assignment of indemnity rights or otherwise shall accrue to a third part),as a result of this Agreement or the performance of Professional's services hereunder. 22. No Right to Arbitration Notwithstanding anything to the contrary contained in this Agreement, the City and Consultant hereby agree that no claim or dispute between the City and Consultant arising out of or relating to this Agreement shall be decided by any arbitration proceeding, including. without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute. including, but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. Aereement for Professional Ser%ices.Page 10 revised 6.12.24 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,either whether written or oral,on the subject matter hereof. This Agreement may only be amended by written instrument approved and executed by both of the parties. The City and Consultant accept and agree to these terms. 25. No Assignment Consultant may not sell or assign all or part interest in this Agreement to another party or parties without the prior express written approval of the City Manager of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City. 26. Headings The headings used in this Agreement are for general reference only and do not have special significance. 27. Severability All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 28. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 29. Authority The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. Agreement for Professional Services.Page 1 I revised 6.12.24 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 REYNOLDS,City Manager ATTEST: ANGELA JACKSON,City Clerk APPROVED AS TO FORM: SCOTT LEMOND,City Attorney CONSULTANT: CAROLLO ENGINEERS, INC. 7 4-�k-(Signature) ATTEST: Cml�b 4.SAOAL-J Meera Victor (Printed Name) CAMILLE SOWELLS Vice President (Title) Agreement for Professional Seri ices, Page 12 revised 6.12.24 STATE OF TEXAS § COUNTY OF HARRIS § Before me on this day personally appeared Meera Victor in his/her capacity as vice President , on behalf of such Carollo Engineers, Inc., ® 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 7th day of November , 20 24. 4z��'61. Notary Public 4andor th4Sto—fTexas ,�"•, EDNA MAURY :° Notary ID#6443743 My Commission Expires January 30, 2028 R•ScottlContracts%Professional Sen•tces Template-Non Grant docx Agreement for Professional Ser>ices.Paee 13 revised 6.12.24 ATTACHMENTA SCOPE OF WORK CONDITION ASSESSMENT AND CIP DEVELOPEMNT FOR THE WWTPS Introduction The City of Baytown(City)wishes to develop a proactive renewal program for its four(4)wastewater treatment plants(WWTPs). This scope of work will lay the foundation for establishing such a renewal program. The scope will include developing a risk framework for its WWTP assets, performing a condition assessment for assets at the 4 plants and ultimately developing a 10-Year Capital Improvement Plan(CIP)for the WWTPs. Background The City has recently made important strides in improving the way they manage their capital program. In spring of this year,with the help of Carollo,they developed a Project Delivery Manual, which is designed to assist staff in routing projects from concept through design and construction. Additionally, in January 2024,the City of Baytown met to discuss the state of the City's assets.Their presentation provided an overview of asset management efforts to date.The City currently does not have an asset renewal program for its WWTPS. To date,the City's renewal efforts have been limited to replacement projects for which FEMA grant funding was received.The City wishes to be more strategic and proactive in its approach for asset renewal at the WWTPs.Subsequently,the City laid out a goal to develop and prioritize projects for each program and determine the level of investment needed to execute those projects through a capital program.This effort will serve to meet that directive for the City's WWTPS.The below provides the scope of work for establishing the City's WWTP CIP. Scope Task 1: Project Management and Kickoff Meeting The purpose of this task is to provide project oversight and kickoff the project. Upon Notice to Proceed, before the kickoff meeting,Carollo will make a data request to the City project manager, which will help establish an understanding of the level of detail in available data on which to develop the renewal program.The request may include items such as record drawings, asset records,work order history, past condition assessments, basis of design reports, historical flows, discharge monitoring reports, population and employment projections,etc.This initial task will allow Carollo to do the background work necessary to have a productive kickoff meeting with a larger stakeholder group. Carollo will conduct a kickoff meeting to review project objectives, confirm project participants, and review proposed schedule. Carollo will also work with the City PM to schedule monthly progress meetings to track scope and schedule progress. This task also includes monthly invoice processing and overall project management tasks. Task 1 Assumptions • The City will provide available data within 2 weeks of the request. • Carollo will schedule kickoff meeting with Baytown Project Manager once receipt of NTP. Task 9 Deliverables • Data request • Kickoff Meeting Agenda and minutes • Final Project schedule with key activities • Monthly invoices with project progress reports and updated schedule. Ta_sk 2; jR sk Framework Development The objective of this task is to establish for the City a transparent, risk-based CIP prioritization aligned to other Baytown infrastructure. This will provide Baytown the opportunity to prioritize asset rehabilitation and replacement across all asset classes and identify critical renewal needs. Carollo will conduct a 2-hour,in person workshop with a cross-section of Baytown staff including engineering,operations,and maintenance and draft a risk framework. This framework workshop will include: • Asset Management best-practices to inform staff • Asset Definition Development to identify which assets qualify for lifecycle cost tracking, and at what level of granularity • Levels of Service(LoS)establishment to link asset reinvestment to customer expected levels of service • Asset Useful Life Estimates by asset type • Likelihood of Failure(LoF)criteria establishment—in addition to condition,what factors contribute to the likelihood of an assets failure • Consequence of Failure(CoF) criteria establishment—what happens when a specific asset fails • Redundancy criteria establishment—what redundancy currently exists which mitigates the consequences of a specific assets failure,and what impact might redundancy have to optimize capital investment Carollo will provide best practice examples for staff to review and facilitate draft criteria for each of these elements. Following the workshop,Carollo will provide the draft Asset Definition, Levels of Service, LoF/CoF/and Redundancy criteria to the City for feedback.Carollo will revise asset definition, LoS, LoF,and CoF, based on the City's comments, in a Technical Memorandum. Task 2 Assumptions • The City will assist in identifying the key stakeholders to participate in the workshop and schedule the workshop. • Risk framework will be applied and refined,if necessary,in subsequent tasks ra��?DPhl,a�pl,�oc • Workshop agenda,presentation, and meeting minutes • Draft Risk Framework Technical Memorandum, which includes the elements listed above. (Note,if adjustments are requested after the capital plan is developed,a revised framework TM will be issued in Task 5.) Task3;. In-v-eato_ry and Conditjop_Assessm nt Task 3 will inventory and assess condition for the assets at the four(4)WWTPs. Condition is one of the criteria that determines an asset's likelihood of failure. The remaining likelihood of failure criteria will also be assessed during the field work. The observations and assessments will be captured in a mobile condition assessment tool,called CarolloAM. Condition will be assessed using visual observation,which will be documented and photographed during field assessment. Following field assessment, additional predictions of useful life will be applied based on the estimated useful life at design,and the condition adjusted remaining useful life. The data collected in the field will be provided in a digital format(.CSV)for the City to upload into their CMMS system to update asset information. Task 3-'•_11?-,Field Work Planning Workshop Carollo will hold a two(2)hour in-person workshop with Operations staff and other key stakeholders to plan for conducting the assessments and score assets with Consequence of Failure(CoF)values. In advance of the workshop,Carollo will review existing record drawings and existing asset records(from the Computerized Maintenance Management System(CMMS),or other source)to develop a preliminary list of assets. The workshop will achieve the following: • Confirm current inventory • Present plan and schedule for conducting site visits at the four WWTPs. • Finalize schedule, resources, and logistics for each plant Task 3'27 On-Site Condition Assessment Carollo will perform a multi-disciplinary field assessment of qualifying assets at each of the four WWTPs. Carollo's team performing the field condition assessments will include senior engineers for structural, mechanicaVHVAC, and electrical, instrumentation,and controls(EI&C)disciplines. During each of the site assessments,Carollo staff will be accompanied by City Operations staff and complete the visual condition assessment note asset deficiencies for each qualifying asset. Carollo will document results of field condition assessment using a mobile field condition assessment tool. This digital database with asset inventory, condition and criticality for each of the four WWTPs will be provided to the City at the end of the project. Task 3M Condition Assessment Preliminary Findings Workshop Carollo will present the findings of the condition assessment in a 2-hour virtual workshop. Results will be summarized,giving an overview of each plant's overall condition. Results of individual assets with worst condition and LoF scores will also be shared. Task 3 Assumptions • City staff with knowledge of the assets being evaluated will accompany and assist the Carollo team,providing information on the condition and performance of the assets being evaluated,and assisting in obtaining missing asset registry information(e.g.,nameplate data)during the condition assessments. • Carollo will work directly with the City PM to manage schedule as each of the assessments takes place, and modify logistics as necessary • City staff will inform Carollo of any areas that should not be accessed,for safety or other reasons. • Carollo will not operate any machinery, enter confined spaces, or evaluate high voltage equipment. Task 3 Deliverables • Field Planning Workshop agenda, content,and meeting minutes. • Plan and schedule for WWTP condition assessment field work • Condition Assessment Preliminary Findings Workshop agenda, Presentation,and meeting minutes • Digital export of asset inventory,condition,and LoF Task 4M'Consequence of Failure and Risk Scoring Carollo will hold a two(2)hour in-person workshop with Operations staff and other key stakeholders to review the asset file and score CoF using the criteria developed in Task 3. The workshop will achieve the following: • Review LoF scoring from Task 3; • Populate CoF scores for WWTP assets, based on criteria established in Task 2. • Review redundancy factors established in Task 2. Following the workshop,Carollo will review and refine the LoF,CoF, Redundancy and risk scoring for the assets. Carollo will review these results for validity with staff in a virtual meeting. Once finalized,Carollo will use the risk-based prioritization as the basis to develop the 10-year CIP forecasts for each plant. Task 4 Assumptions • City will provide feedback on Risk Scoring results during workshop for incorporation into Draft CIP Task 4 Deliverables • Consequence of Failure(CoF)and Redundancy Scoring Workshop agenda,content,and meeting minutes i I i • Draft Risk-Prioritized Asset List Task 5: 10-Year CIP Forecast Cbr WWTPs Carollo will develop cost estimates and a draft 10-year CIP based on Task 4 for each of the WWTPs. Carollo will conduct a virtual meeting to review with the city the draft 10-year CIP forecast for refinement. Once finalized,Carollo will document the final CIP forecast in a technical memorandum. Tact!5 4scumpt!onS • Cost estimates are based on planning level(ACES Level 5)estimates Task 5 Deliverables • Draft and Final 10-Year CIP list of prioritized projects, organized by renewal and improvement projects • Draft and Final Technical memorandum Task 6: CIP Business Process Mapping This task will build on the Project Delivery Manual that was developed this spring.While the project delivery manual focused on project initiation and execution,this task will formalize the system for identifying,updating and prioritizing the list of capital projects that the City will include within their capital budget.Carollo will present a draft business process flow diagram to the City in a one-hour virtual workshop.Carollo will incorporate comments received during the workshop into the final business flow diagram. Task 6 Assumptions • City will provide feedback from draft business processes in workshop. Task 6 Deliverables • Workshop presentation material including business process flows for maintaining risk matrix and updating capital project list. • Draft business processes. • Final business processes. i I Attachment B WWTPs 10•year Rlsk•Prionttzed CIP City of Baytown td {RA .. WIIWM[AI U. tt., LLC —RK TASKS P.O.f WIA AAAN Oa•LNtIr 01.00- 11 s0 s D-W- IXANdPI« ECl� Cuq•fM OOC•• IML C<N ail"W LAW NW LaW LaW 4ad Kqs PECE RNn tm SS WIT St'f 5711 II MI /110 TASK T•►ROMTiAL11A0imm n P. ST70 61•Tia K..W AAw�+aM : » x Am 35 K<L s DAs RawAt w RLIn. / ax 11}610 6 a a 6 1 11 alTAW}MR fRAf@if/ORK 0(VELOIYCMTla / tl NST 3 S,3MMA•AAP • • 7A SS f13,120 Gpa a }• tt 17f0 SO tl 117 f7).am S1660 SlyTAs6 a at0 61 tl 1 TASK 3•vnfamofty AND COM011IOM AUESSAIM !<4 ybn MMry YbLM1s3 a 6 • • A • • 6 n 3/t {t]T►O I:e•gYAAAsasvrt<rf to O 6 I7 11 is T. An u1673 1ms" Sta1 1 x An PrNs,wls fAtlrLls V.plll<3 16 N • 1{ la If f{ la I fJf.6n 11 1,9 W7 SSt Tes tl 3 at 931 170 57 '20 Ix 0 ata $MGM us1 n Aw TASK a•CW6FOVEWJ O/PALYRF AKO RISK SCORa Cp<AWrcA N F:tk*"NY , N N 6 x sleca b SLIW Ra aestA OesAL•7AMe M i1a 670 tsm ill 6•a A*/faW gH.NNr•WpAarIW N tl a / a 6 a a 10} taS It yap {7f30 TWA 0 2A { a a a at 01 0 777 I f6f am ST WW fA{Kf•N CP F—I. CwIFe,+os IS 6 }7 6 N )2 N IJ >? >7 }tl 33}f60 13.600 S{T,360 ►Ie►Tl Pato•1O a 7• 16 16 /6 10 16 It} t7AAf000 S'"O in 04 IOTts•Coe.. fw<M �• N a 6 { 6 a t0 II67p00 1, H/ 4P Pns•aat Rtl�ewlMM1 t6 N • A A A a la SWUM 31,C70 {IPJ63 O,•f Ara 1•NfTY to 16 a n { is 16 I{ % is 1? 171 Sx Q. S1O6 Ira{ 2. fx IS Ts /x f 11 10, 1 TASK 6-CP 81TilYibf PNOCP.S1 tCAPI01O pat WM/O bt tleL[WnWaAN OIo,cTKe+NCN 1 N • x ut SStl WL DMa iNTMMAMA W W'i A �a A 7A x I l iX0 3{ f•W I—A►Mats 0q— a N 17 $TS00 Stl0 Sa TAA.{ 70 0 a 0 0 al , ipia ] n p W Wl 1 1[ 17 n 1 u 1 1 Attachment C WWTPs 10-year Risk-Prioritized CIP Schedule 2025 City of Baytown NOV DEL iAN FES MAR APR MAY .IiN iUE AVG RP OCT M wh1 Moluh) Mn1tJ M-1,6 Mo,Ih) 1 AroM a MDDIh9 W" 10 M]mh17 MRMh 17 M-MU Monlh lA WORK TASKS - 1 1 ! a l ) ! A 1 ) 1 IF 7 3 1 t i ) ) t 1 7 ! A 1 7 ! A l 1 1 A { ) I t 1 7 l < 1 ) I t 1 7 TASK 1-PROJECT MANAGEMENT TAi,ae1 L u4laeaR -.8v-wg Caw Red...end Reeew TASK 2-Risk FIUMEWORK DEVELOPMENT Wp._pHaWIaWI YhRalwp Dnt C.M1ar.a w.nnlar OnR an 11.1 TM I Feat TASK J-INVENTORY AND CONDITION ASSESSMENT FKM WbA PMhnn9 MA—P C.-A1.—q P,.i—ry I-.,,LNDreabD TASK A-CONSEQUENCE OF FAILURE AND RISK SCORE Cdn jeree aI Feille Smnq MM1ahop Rat S.110e .;,-. Deer AA 6a]Aro favl RM.Rarttee I. TASK!•IS-year CIP Twat- GY Ea:a,Mes pNRal sacapPp Ibyaar CIP PMPrvn) CIP FolegM R.-1%-V OrAl end F..I TM ["11,CIPIII116111ROC SS MAPPING DnR MapDlP3 Nr aXrCxF'.x.gO1a a v*INAtahaf Crp Ores P_xD nMarlte DMIT TWA,M Ff90 ft Fe WR Ens #[#= 1 1 5