Ordinance No. 16,069 ORDINANCE NO. 16,069
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN APPROVING
AN ENGINEERING SERVICES AGREEMENT BETWEEN THE BAYTOWN AREA
WATER AUTHORITY AND BINKLEY & BARFIELD, INC FOR THE BAYTOWN AREA
WATER AUTHORITY BACKWASH AND DECANT PUMP REPLACEMENT PROJECT;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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WHEREAS, the Baytown Area Water Authority's enabling legislation requires that the City Council
approve contract before the Baytown Area Water Authority enters into the same;
WHEREAS, on January 30, 2025,the Board of Directors of the Baytown Area Water Authority met and
approved an Engineering Services Agreement between the Baytown Area Water Authority and Binkley and
Barfield, Inc for the Baytown Area Water Authority Backwash and Decant Pump Replacement Project; and
WHEREAS, the City of Baytown desires to approve the same; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: That the City Council of the City of Baytown hereby approves the Engineering Services
Agreement between the Baytown Area Water Authority and Binkley and Barfield, Inc for the Baytown Area
Water Authority Backwash and Decant Pump Replacement Project. A copy of the Agreement is attached hereto
as Exhibit A and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmative vote of the ity Coun of the City of Baytown,
Texas this the 13t1'day of February, 2025.
CffXRLES J SON, Mayor
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EXHIBIT "A"
AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") is entered into by and between Binkley and Barfield, Inc.
(hereinafter "Consultant") and the City of Baytown, a home-rule municipality located in llarris
and Chambers Counties, Texas (the "City").
1. Scope of Services/Consultant Fees
This Agreement authorizes Consultant to perform Engineering services for Baytown Area Water
Authority Backwash and Decant Pump Replacement 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
shall terminate the earlier of. (a) completion of the Work in accordance with this
Agreement, including Exhibits; (b) One thousand fifty-five (1055) days following
execution by the City Manager; or (c) Termination of this Agreement under
Paragraph 11.
b. The scope of the Work is detailed in Exhibit "A."
C. Compensation and professional fees are detailed in Exhibit "B."
d. The time schedules for the Work are specified in Exhibit "C."
e. 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 as detailed in Exhibit "B."
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;
Agreement for Consulting Services, Page l
(b) Postage;
(c) Mileage, for travel from Consultant's local 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 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.
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.
Agreement for Professional Services, Page 2 Rev. 6.12.24
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.
b. Codes and Standards
(i) All references to codes, standards, environmental regulations and or
material specifications shall be to the latest revision, including all effective
supplements or addenda thereto, as of the date that the order for any
necessary equipment is made by the City or that the construction specified
is bid by the City.
(ii) If any such equipment is specially manufactured, it shall be identified to the
City, and the Contractor and the Seller shall present sufficient data to the
City to support the design and the suitability of the equipment.
Agreement for Professional Services, Page 3 Rev. 6.12.24
(111) 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 contract will be
pursuant to the standard of perfonnance common in the profession.
(vii) Consultant shall promptly correct any defective analysis caused by
Consultant at no cost to City. The City's approval, acceptance, use of or
payment for all or any part of Consultant's services hereunder or of the Work
itself shall in no way alter Consultant's obligations or the City's rights under
this Agreement. As applicable,Consultant shall provide the City with record
"as-built" drawings relating to the Work in an electronic format that is
acceptable to the City. City shall be in receipt of record drawings, if
applicable, prior to final payment.
(viii) Consultant has no control over the cost of labor, materials, equipment or
services furnished by others, other than its subconsultants. Data projections
and estimates are based upon Consultant's opinion based on experience and
judgment. Consultant cannot and does not guarantee that actual costs and or
quantities realized will vary from the data projections and estimates prepared
by Consultant.
Agreement for Professional Services,Page 4 Rev. 6.12.24
(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. 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
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:
Agreement for Professional Services, Page 5 Rev. 6.12.24
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.
l. 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.
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.
Agreement for Professional Services, Page 6 Rev. 6.12.24
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 naive 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
PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE
NEGLIGENCE AS WELL AS THE CONSULTANT'S PARTIES'
INTENTIONAL TORTS, INTELLECTUAL PROPERTY
Ag,jeement for Professional Services,Page 7 Rev. 6.12.24
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.
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 for Professional Services, Page 8 Rev. 6.12.24
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.
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
Agreement for Professional Services, Page 9 Rev. 6.12.24
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.
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
Agreement for Professional Services, Page 10 Rev. 6.12.24
three (3) years from the completion of the work called for under this Agreement for
all personnel working on such work. Such records shall contain the name and
address of each such employee, social security number, correct classification,
hourly rates of wages paid, daily and weekly number of hours worked, deductions
made and actual wages paid.
b. Consultant shall make the records required to be maintained under the preceding
subsection(a)of this section available at no cost to the City for inspection, copying
or transcription or its authorized representatives within fifteen (15) days of the
City's request therefor. Should the City request copies of the records, Consultant
may redact employee social security numbers and or addresses. Consultant shall
permit such representatives to interview Consultant's employees during working
hours on the job.
19. Governing Law
This Agreement has been made under and shall be governed by the laws of the State of Texas.
The parties further agree that performance and all matters related thereto shall be in Harris County,
Texas.
20. Notices
Unless otherwise provided in this Agreement, any notice provided for or permitted to be given
must be in writing and delivered in person or by depositing same in the United States mail,postpaid
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 Albert-Vice President
1710 Seamist Drive
Houston, Texas 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.
Agreement_for Professional Services, Page l I Rev. 6.12.24
21. No Third-Party Beneficiary
This Agreement shall not bestow any rights upon any third party,but rather, shall bind and benefit
Consultant and the City only. No person or entity not a signatory to this Agreement shall be
entitled to rely on Consultant's performance of its services hereunder, and no right to assert a claim
against Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as
a result of this Agreement or the performance of Consultant's services hereunder.
22. No Right to Arbitration
Notwithstanding anything to the contrary contained in this Agreement, the City and Consultant
hereby agree that no claim or dispute between the City and Consultant arising out of or relating to
this Agreement shall be decided by any arbitration proceeding, including, without limitation, any
proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State
arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that
in the event that the City is subjected to an arbitration proceeding notwithstanding this provision,
Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required
or requested by the City of complete relief to be recorded in the arbitration proceeding.
23. Waiver
No waiver by either party to this Agreement of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
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.
Agreement for Professional Services, Page 12 Rev. 6.12.24
28. Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same.
29. Authority
The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he/she represents.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one
and the same Agreement on the day of , 20 , the date of execution by the
City Manager of the City of Baytown.
CITY OF BAYTOWN
JASON E. REYNOLDS, City Manager
A f TEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND, City Attorney
CONSULTANT:
B[ > & BARF[EI,D, INC.
0 t re)
David A. Hamilton, PE
(Printed Nante)
Executive Vice President
(Title)
Aureement for Professional Services.Page 13 Rev.6.12.24
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared David A. Hamilton in his/her
capacity as Executive vice President of Binkley&Barfield,Inc , on behalf of such company ,
x❑ 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 02 day o4innd
uary , 20 25.
7
k =o�►?�P�e4� Ashley M McConnell otar Public for the State of Texas
MY COMMISSION t7�IRES y
*' '* 07/22/2026
� NOTARY ID.12833521-0
R:�.Scott+Contracts\Archnectural or Engineering Services Agreement Template doc
Agreement for Professional Services,Page 14 Rev.6.12.24
Binkle Barfield December 12, 2024
Y M..I"EVFE Pagel of 3
Exhibit A—Project Scope
Summary of Project Scope
• Demolition and removal of the existing Decant Pump Station, electrical and control panel.
• Design and install a new Decant Pump Station with submersible solid handling pumps including a
new wet well structure, trash/debris screening device, piping and valves to replace the existing
vertical turbine pump station, and a new Decant Pump control panel with instrumentation and power
supplied from the new MCC-1A.
• Demolition and removal of the existing Dirty Backwash Pumps, electrical and control panel.
• Design and install two(2) new vertical turbine pumps for Dirty Backwash Pumps including electrical
and a new pump control panel.
• Design and replace six (6)existing 24-in butterfly valves with electric motor actuators and 24"
couplings in the filter backwash piping gallery.
• Design and replace one (1)existing 24-in butterfly valves with electric motor actuators and 24"
couplings in the filter backwash header pipe (above the backwash piping gallery).
• Rehab or replace the existing conduit and wiring connections to the electric motor actuators in the
filter backwash piping gallery.
I. Preliminary Engineering and Project Management
• Conduct kick-off meeting with the Baytown Project Manager and the BAWA plant operators to
coordinate requirement of the project scope.
• Conduct field investigations and meetings with the BAWA plant operators for updates on the Decant
Pump operations and the sludge lagoons decanting hydraulic conditions.
• Adopt information from existing record drawings of earlier projects and the Evaluation and
Assessment Report completed in 2022 by Ardurra Inc. The City shall provide available maintenance
information, operation data, and planning documents to the BinkleyBarfield I DCM team.
• Coordinate with subconsultant, Kalluri Group Inc., to perform electrical and instrumentation
replacement planning for the proposed Decant Pump Station.
• Submit Preliminary Engineering Technical Memo with Engineer's Opinion of Probable Construction
Cost(EOPCC).
II. Final Design Services
• The Binkley Barfield I DCCM Project Manager shall assign design staffing, delegate responsibilities,
review work progress, check conformance to the scope on the budget and schedule and guide the
overall progression of the project's work.
• Coordinate with Baseline to conduct limited facility survey at the existing Dirty Backwash Pump
Station to produce background of the pump station.
• Coordinate with the BAWA superintendent and operators to verify hydraulic profiles of the backwash
sludge lagoons, solids screening and decanting operations.
• Conduct progress meetings with the Baytown Project Manager and BAWA superintendent to
discuss design criteria, operational requirements, and the project's financial status.
• Notify the Baytown Project Manager of deviation from the approved Scope of Engineering Services
and Fee agreed to in the Contract. The Binkley Barfield I DCM team shall not perform services
outside of the Contract scope without an amendment to this Contract.
1710 Seamist Drive. Houston,Texas 77008 1 713.869 3433 1 TxEng F-257 I BinkleyBarfield.com
Binkle Barfield A�� , December 12, 2024
Y 1046.f`EVE Page 2 of 3
• The subconsultant, Kalluri Group Inc., will provide electrical and instrumentation design for
replacement of the Decant Pump Station control panel, SCADA readiness and replacement of filter
backwash valve motor actuators.
• Verify and confirm the proposed Decant Pump Station site elevation based on the existing
topographical survey provided by Ardurra.
• Submit 60% and 90% of design plans and technical specifications to the City for review and followed
by a review meeting.
• The 90% design plans will include verification of review comments, constructability review, and
inclusion of specifications and details, while design work beyond 90% shall consist of only minor
corrections based upon the City review and the Engineer's internal Quality Control review.
• The EOPCC will be updated for each submittal with the estimate based upon information in the
current design submittal and current pricing.
• Submittal reviews will be conducted during in-person meetings with the Baytown Project Manager
and BAWA superintendent.
• BBI will consult with a General Contractor(GC)for constructability review and comments at the 90%
final draft.
III. Bidding Phase Services
• Coordinate with the Baytown Project Manager to advertise the project.
• Attend a pre-bid conference conducted by the City.
• Provide clarification and response to contractor questions.
• Issue addendum documents as needed.
• Prepare bid evaluation and reference checks.
• Provide Engineer's Recommendation of Award.
IV. Construction Phase Services
• Attend the pre-construction meeting, prepare an agenda and minutes, and Issue a conformed set of
construction documents to the City Construction Manager and Contractor.
• Review Contractor submittals and RFI's and prepare responses to the Contractor.
• Attend monthly construction progress meetings.
• Review laboratory and shop tests of material and equipment.
• Review Contractor payment applications.
• Review Contractor change requests and cost proposals and provide recommendations to the City.
• Attend substantial completion inspection and final inspection and prepare and distribute punch lists.
• Review and approve equipment start-up testing results in O&M manuals.
• Prepare As Built Record drawings based on Contractor field changes as well as other documents
needed for project close-out.
1710 Seamist Drive Houston,Texas 77008 1 713 869 3433 1 TxEng F-257 I BinkleyBarfield.com
Binkle Barfield ��� December 12, 2024
Y M../"EVE Page 3 of 3
Assumptions and Clarifications
• The Topographic survey file provided by Ardurra will be used for the Decant Pump Station site
plan.
• The Geotechnical Investigation Report provided by Ardurra will be used for Decant Pump Station
design.
• Other scope not shown above will require additional fees.
1710 Seamist Drive Houston,Texas 77008 1 713 869 3433 1 TxEng F-257 I BinkleyBarfield.com
EXHIBIT B
BAWA 2301-Backwash and Decant Pump Replacement
JOB NO- PBBHOU5615
Update 12r12/2024
LEVEL OF EFFORT&MAN-HOURS
d MAN-HOURS BASIC SERVICES
Item Final Design Plans and Specs 0 Sr.Project Structural Project Sr.CAD CAD Clerk/ Sub-Total BBI I DCCM Subconsultant
No. c Principal Manager En Ineer En sneer Designer Designer Admin Hrs. Labor Costs Costs Subtotals
Flat Rates(2024 BinklepBarfield IDCCM Billable Rates) f 344.00 f 314.00 $ 243.01 $ 175.01 $ 170.00 1$ 154.00 f 108.00
PROJECT MANAGEMENT&PRELIMINARY ENGINEERING
1.00 Project Management,Basis of Design.QA/QC
New Decant Pump Station Hydraulic and Capacity 1 4 8 13 $3,000
1.01 Analysis to replace existing Decant PS
Project Management.Coordmatio�with Baytown for 12 6 18 $4,818
1.02 Eau oment Selection and Des!an
Hydraulic and Capacity Analysis for replacement of 1 4 8 13 $3.000
1.03 exisbna Fi ter Backwash Sludge Pumps
Prepare Basis of Design Tech Memo for Backwash
Pumps and Butterfly Valves repacement and new Decant 1 8 14 23 $5.306
1.04 PumD Slat on design
1.05 Online meetings wdh City of Baytown Superintendent 4 4 8 $1,956
Eng neer OPCC for Backwash pumps Decant PS and 6 6 12 $2.934
1.06 Filter Gallery BFV Replacement
1.07 6000 901.and'000o subm.tlal rev:ew and comments 1 6 8 10 25 $5.168
1.08 QA/QC for Construction Rans 1 6 7 $2 228
1.09 Electrical Subconsultant-KalluriGroup 0 Sol sli,500
SUBTOTAL(Prelim.Engineering Phase Services) 0 51 Sol 01 541 0 10 01 119 $28,4101 $11,5001 $39,910
2.00 General Notes and Civil Site Plan
2.01 G Cover Sheet and List of Drawings 1 1 2 4 7 $1.280
2.02 G Construction Notes 1 2 2 4 6 14 $2,738
2.03 C BAWA Plant Vanity Map 1 1 4 6 11 $1.938
2.04 C Site Tape Survey Record 1 1 2 6 9 $1,588
2.05 C Ex sting Decant Pump Station Site Plan 1 2 6 8 16 $2.910
2.06 C Decant Lift Station Paving&Grading Plans 1 2 6 8 16 $2.910
2.07 C Lift station site SWPPP Plans 2 2 4 6 12 $2.252
2.08 C Civil standard details 2 1 4 6 12 $2,252
SUB TOTALS Civil Plans 10 0 13 2 32 0 $0 0 97 $17 868 $0 $17 868
3.00 Mechanical Plans
3.01 M SAWA Existing Water Plant Process Flow Ifor Reference) 1 4 4 4 12 $2,572
3.02 M Proposed Decant Pump Station Site plan 1 4 8 2 10 24 $4536
3.03 M Ex sting Decant PS Demolition Plan 1 3 8 8 19 $3 574
3.04 M Proposed Decant PS Drversion/Bypass Plan 1 4 6 2 8 20 $3 878
3.05 M Proposed Decant Pumps Piping Plan 1 4 8 10 22 $4 196
3.06 M Proposed Decant PS Profile,Pump Base&Piping Support 1 4 8 10 22 S4 196
3.07 M LS Inlet Trash Basket and Piping Connection Details 1 4 8 8 20 $3 888
3.08 M Decant P pe Isolation Valve Manhole Plan&Section 1 4 10 8 22 $4 238
3.09 M Pump Station Hatch Door Installation Deta Is 1 4 6 8 18 $3 538
Selection of submersible pumps System Curve and pump
3.10 M control levels 1 4 10 8 22 $4,238
3.11 M Ex,sbng D ry Backwash Pumps Demolition Plan 1 3 8 8 19 $3.574
3.12 M Proposed Duty Backwash Pumps Layout Plan 1 4 6 2 8 20 $3.878
3.13 M Proposed Dirty Backwash Pumps Pip ng Modifcation Plan 1 4 8 10 22 $4.196
Proposed Only Backwash pumps Profile.Pump Base 1 4 8 10 22
3.14 M Support $4.196
3.15 M Prop 30'Backwash Pumps Check Valve Installation Plan 1 4 8 10 22 $4.196
3.16 M Prop,30'BFV with EMO Replacement Details 1 4 8 10 22 $4,196
Selection of VT pumps System Curve and pump control
3.17 M levels for Duty Backwash Pumps 1 4 10 8 22 $4 238
3.18 M Filter Gallery upper level plan 1 4 8 2 8 22 $4,228
3 19 M F I!er Gallery lower p ping level plan 1 4 8 2 10 24 S4 536
Existing Filter Gallery Backwash Rp ng and BFV Profile
320 M Sections 1 4 8 2 8 22 $4,228
Prop F 8er Gallery 24'Butterfly Valve with EMO
3.21 M Replacement Details 4 8 8 20 S3 888
322 M Prop Coupling Joints Replacement Details 1 4 8 10 22 $4,196
3-23 M Pipe Support Details 1 2 6 6 14 $2 602
324 M Lift Station Mechanical Details 1 2 6 6 14 $2,602
325 M Piping Mechanical Data Is 2 4 6 6 16 S3 230
3.26 M Mechanical Legend and Notes 1 1 2 4 7 $1.280
SUB TOTALS Piping Mechanical Plansl 281 41 psi 01 1921 121 2121 0 511 $98118 f0 $98118
4.00 Lift Station Structural Plans
4.01 S Structural Legend and Construction Notes 1 1 4 4 9 $1.902
4.02 S Demolition of busting Decant PS Structural Plan 1 2 8 8 18 $3.804
4.03 S Structure Foundabon Plans for Decant PS 1 2 8 2 8 20 $4.144
4.04 S Structural at Grade Plans for Decant PS 1 2 8 2 8 20 $4.144
4.05 S LS Structural Profile and Sections 1 4 8 2 8 22 $4.772
4.06 S Structural support for pump batch door opemrig 1 4 8 2 8 22 $4.772
4.07 S LS Structural Details 2 2 6 6 14 $3.010
4.08 S Structural ConsYucion Details 2 2 6 6 14 53,010
SUB TOTALS Structural PWns 10 0 19 56 0 8 56 0 S139 $29,558 0 $
29,558
5.00 Electrical&Instrumentation Plan
5.01 E Electrical Instrumentation Design by Kallud Group $0 $69,535
SUB TOTALS Electrical Plansl 0 1 111 01 01 41 01 a o 0 $0 $69 535 �$69 535
A Infrastructure 92-PRE.NTP PROJECTS CO Baytown•PBBHOU5615 Baytown Water Plant Decant PS Rehab.Proposal and LOE BAWA Backwash Pumps.BFV and Decant Pump Replacement LOE(12-12-
2024)
EXHIBIT B
LEVEL OF EFFORT&MAN-HOURS
; MAN-HOURS BASIC SERVICES
z
Item Final Design Plans and Specs 0 Sr.Project Structural Project Sr.CAD CAD Claw Sub-Total BBI j DCCM Subconsultant
No. o Principal Manager En ineer Engineer
Designer Designer Admin Hrs. Labor Costs Costs Subtotals
6.00 Specification Sections
6.01 Summary of Workl Bid Form 4 4 4 12 $2.388
6.02 Division 3-9,Concrete Construction Speuficabons 4 8 4 14 $3.146
6.03 Division 11-Pump Stabon Equ pment Specifications 4 1f} 4 18 $3.438
6.04 Division 15-Mechanical Spec(valves p p ng.EMOI 4 8 4 16 $3.088
6.05 Division 13&16-Electrical Spec b Kalluri Grou _ 0 0 $7.695
SUB TOTALS Specification Sections 0 0 16 6 22 0 0 16 60 $12,0601 $7,695J $19 755
DKASE
7.00 Bid Phase Services
7.01 Pre-Bid Meeting 2 2 $978
702 RFI Responses for Ouesfions and Clanficabons 3 2 3 $1,953
7.03 Addendum Plans&Specs(as required) 3 3 4 $2.083
704 Electrical Services(by Kallud Group) $0 $ 2,250.00
7.05 Prepare B d Tabulation and Recommendation 1 4 4 $2 032
SUB TOTAL Bid Phase Services 0 1 12 2 8 0 4 4 0 $7,046 $ 2,250.00 $%296
SUB TOTAL LUMP SUM FINAL DESIGN&BID PHASE SERVICES: $164,650 90,980 $244,130
PHASE
8.00 Construction Phase Services(Time&Material
8.01 Pre-Construction Meeting 2 2 S628
8.02 Issue Construction Documents 2 2 4 $936
8.03 Shop Drawing Submittal Review 6 30 36 $7 134
8.04 Structure Submittal Review 4 10 14 $3 686
8.05 Response to RFIs 6 16 22 $4 684
8.06 Construction Progress Meetings 14 Teams Online meetingsl 4 4 8 $1 956
8.07 Project Substantial Completion Meeting and Punch List I 2 2 4 S978
8.08 Project Final Completion Meeting and Closeout(1 meeting) 2 2 4 $978
8.09 Submit Final As Built Plans to the City 1 2 4 8 15 S2 904
8.10 Electrical for Construction Phase $ 13,890
SUBTOTAL(Construction Phase Services) 0 1 30 10 58 0 10 0 109 $23,884 $13,890 $37,774
SUB TOTAL TIME&MATERIAL CONSTRUCTION PHASE SERVICES: $37.774
9.00 Additional Services:Limited Dirty Backwash Pump Station Facility Survey(by Baseline Corp.) $13,500
10.00:Additional Engineering Services to be Directed by the City of Baytown $25.000
PROJECT TOTAL SERVICES $360,314
A.titnfrastructure192-PRE-NTP PROJECTS CO BaytowwPBBHOLI5615 Baytown Water Plant Decant PS Rehab%Proposal and LOE BAWA Backwash Pumps.BFV and Decant Pump Replacement LOE(12-12-
2024
CITY OF BAYTOWN
Exhibit C —Project Schedule
BAWA 2301 - Backwash and Decant Pump Replacement Project
1.0 DESIGN SCOPE
The Binkley Barfield I DCCM team shall supply professional engineering services including field survey for
the City of Baytown, BAWA 2301 -Backwash and Decant Pump Replacement Project.
2.0 Proposed Project Schedule
I. Preliminary Engineering Phase:
1. Preliminary Engineering 125 calendar days
■ Project Kickoff Meeting
■ Limited Facility Survey at Dirty Backwash Pump Station
Facility Survey
■ Submit Technical Memo Report
II. Final Design Phase:
2. 60% draft plans submittal for the proposed 75 calendar days
equipment layout, profile, and draft
technical specifications.
City of Baytown review of 60% Submittal 15 calendar days
Meeting 60% Review comments
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 90% Submittal 15 calendar days
Meeting 90% Review comments
4. Final complete design plans and specifications 60 calendar days
Submittal, and TCEQ permitting
City of Baytown review of Final Submittal 15 calendar days
City of Baytown signature of Bid Documents 10 calendar days
Ill. Bidding Phase (Estimated) 30 calendar days
City of Baytown Award Construction Contract 40-50 calendar days
IV. Construction Phase (Estimated) 600 calendar days (Note)
(Note: Construction schedule assumes the availability of materials and contractors)
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