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BAWA Resolution No. 2014-16RESOLUTION NO. 2014 -16 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY AUTHORIZING THE PROFESSIONAL SERVICE AGREEMENT WITH KIT PROFESSIONALS, INC., FOR THE BAYTOWN AREA WATER AUTHORITY FILTER RE- RATING EVALUATION PROJECT; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FORTY -NINE THOUSAND SIX HUNDRED AND NO /100 DOLLARS ($49,600.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY: Section 1: That the Board of Directors of the Baytown Area Water Authority hereby authorizes the Professional Service Agreement with KIT Professionals, Inc., for the Baytown Area Water Authority Filter Re- Rating Evaluation Project. A copy of the agreement is attached as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: That the Board of Directors of the Baytown Area Water Authority hereby authorizes the payment of an amount not to exceed FORTY -NINE THOUSAND SIX HUNDRED AND NO/] 00 DOLLARS ($49,600.00) to KIT Professionals, Inc., consistent with the Agreement. Section 3: That the General Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO! 100 DOLLARS ($50,000.00) or less, provided that the original contract price may not be increased by more than ten percent (10 %) or decreased by more than ten percent (10 %) without the consent of the firm to such decrease. Section 4: This resolution shall take effect immediately from and after its passage by the Board of Directors of the Baytown Area Water Authority. INTRODUCED, READ and PASSED, by the affirmative vote of the Board of Directors of the Baytown Area Water Authority this the 20`h day of August, 2014. LETICIA BRYSCH, 't ➢j:` %, NDA BRADLEY SMITH, President try, 1lcobfs0111egal'tKaren\Files\BA WA1Resolution\2014W ugust- KITAgreementResolution.doc Exhibit "A" AGREEMENT FOR PROFESSIONAL SERVICES STATE OF TEXAS COUNTY OF HARRIS This Agreement (this "Agreement ") entered into by and between KIT Professionals, Inc., (hereinafter "the Professional ") and the Baytown Area Water Authority, a conservation and reclamation district in Harris County created under Section 59, Article XVI, Texas Constitution ( "BAWA "). 1. Scope of Services/Professional Fees This Agreement authorizes Professional to perform engineering services for the Fritz Lanham Surface Water Treatment Plant Filter Re- Rating Evaluation (the "Work ") for and on behalf of BAWA. The compensation for Professional shall not exceed FORTY -NINE THOUSAND SIX HUNDRED AND NO /100 DOLLARS ($49,600.00) and shall be on the basis described in Exhibit "A." The time schedules for the Work are attached as Exhibit "B." The scope of the Work and projection of costs of the construction project are as denoted in Exhibit "C." Each of these Exhibits "A" through "C" is incorporated into this Agreement by reference for all purposes. 2. Progress Reports Professional shall provide written progress reports to BAWA regarding the Work and oral reports as requested. Such progress report shall identify the projected time and cost required by the Professional to complete the remaining phases of the Work required under this Agreement. 3. Personnel of the Professional a. Professional's Project Manager Professional shall designate Trent Slovak, P.E., to serve as Project Manager for the Work performed under this Agreement. Any change of Project Manager shall require thirty days' advance written approval from BAWA's Representative. b. Licensed and Registered Engineers Professional shall keep a 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 Professional's Employees Prior to commencement of the Work, Professional shall forward to BAWA a detailed resume of the personnel that will be assigned to the Work. Such personnel shall include, but not be limited to, engineers. d. Rejection of Professional's Employees BAWA reserves the right to approve or reject from the Work any employees of the Professional. Agreement for Professional Services, Page 1 4. Designation and Duties of BAWA's Representative a. BAWA's Director of Engineering or his designee shall act as BAWA's Representative. b. BAWA's Representative shall use his best efforts to provide nonconfidential BAWA records for Professional's usage on the Work and to provide access to BAWA's property and easements. However, BAWA does not guarantee the accuracy or correctness of the documents so provided. Nothing contained herein shall be construed to require BAWA 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 BAWA. 5. Standards of Performance a. The Professional shall perform all services under this Agreement with the care and skill ordinarily used by members of Professional's profession practicing under the same or similar circumstances, time and locality. Professional shall be responsible for the technical accuracy of its services and documents resulting therefrom, and BAWA shall not be responsible for discovering deficiencies therein. Professional shall correct such deficiencies without additional compensation. b. Codes and Standards (1) 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 BAWA or that the construction specified is bid by BAWA. (2) If any such equipment is specially manufactured, it shall be identified to BAWA, and the Contractor and the Seller shall present sufficient data to BAWA to support the design and the suitability of the equipment. (3) All materials furnished on any BAWA project shall be in accordance with ASTM, ACI, TxDOT, 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 years of proven experience in the field, and such satisfactory documentation has been approved by BAWA's Representative. (4) 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. Agreement for Professional Services, Page 2 (5) The codes and standards used in the profession set forth minimum requirements. These may be exceeded by the Contractor or the Professional 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. The Professional shall state the alternative codes and regulations used. (6) Professional 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. Professional 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. (7) Professional shall promptly correct any defective analysis caused by Professional at no cost to BAWA. BAWA's approval, acceptance, use of or payment for all or any part of Professional's services hereunder or of the Work itself shall in no way alter Professional's obligations or BAWA's rights under this Agreement. As applicable, Professional shall provide BAWA with record "as- built" drawings relating to the work, in an electronic format that is acceptable to BAWA. BAWA shall be in receipt of record drawings, if applicable, prior to final payment. 6. Schedule Professional shall not proceed with the Work or any stage thereof until written notice to proceed is provided by BAWA's Representative. 7. Instruments of Service Upon execution of this Agreement, Professional grants to BAWA an ownership interest in the Instruments of Service. Professional shall obtain similar interests from BAWA and Professional's consultants consistent with this Agreement. As noted in Articles 5 & 11, Professional shall be required to tender to BAWA all Instruments of Service. With such ownership interest, it is expressly understood by the parties hereto that BAWA may use the Instruments of Service for any purposes which BAWA sees fit, including, but not limited to, subsequent construction, reconstruction, alteration, and/or repairs of the Project. As a condition to BAWA's use of the Instruments of Service, BAWA hereby expressly agrees to remove Professional's name and all references to Professional and its consultants from the Documents. Provided that this Agreement is not terminated for cause by BAWA, BAWA shall release any and all claims which BAWA could make arising out of or in connection with any reuse of the documents by BAWA. 8. Insurance Professional shall procure and maintain at its sole cost and expense for the duration of the Agreement, insurance against claims for injuries to person or damages to property which may Agreement for Professional Services, Page 3 arise from or in connection with the performance of the Work hereunder by Professional, its agents, representatives, volunteers, employees or subconsultants. a. Professional's insurance coverage shall be primary insurance with respect to BAWA, its officials, employees and agents. Any insurance or self - insurance maintained by BAWA, its officials, employees or agents shall be considered in excess of Professional's insurance and shall not contribute to it. Further, Professional 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: 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 $300,000 ■ Coverage shall be at least as broad as ISO CG 00 01 04 13 ■ No coverage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance. Business Automobile Policy • Combined Single Limits: $1,000,000 • Coverage for "Any Auto" 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. 4. Workers' Compensation • Statutory Limits • Employer's Liability $500,000 IN Waiver of Subrogation required. b. The following shall be applicable to all policies of insurance required herein. 1. Insurance carrier for all liability policies must have an A.M. Best Rating of B+ :VIII or better. Agreement for Professional Services, Page 4 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 certified mail, return receipt requested, has been given to BAWA. 5. BAWA, 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 BAWA, certified copies of all insurance polices and /or certificates of insurance shall be furnished to BAWA. 7. Upon request and without cost to BAWA, loss runs (claims listing) of any and /or all insurance coverages shall be furnished to BAWA. 8. All insurance required herein shall be secured and maintained in a company or companies satisfactory to BAWA, and shall be carried in the name of Professional. Professional shall provide copies of insurance policies and endorsements required hereunder to BAWA on or before the effective date of this Agreement. 9. Indemnification and Release PROFESSIONAL AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND BAWA, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO AS THE "BAWA ") 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, ARISING OUT OF, OR IN CONNECTION WITH THE WORK DONE BY PROFESSIONAL UNDER THIS CONTRACT CAUSED BY THE SOLE OR JOINT NEGLIGENCE OF PROFESSIONAL. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH PROFESSIONAL AND BAWA, THAT THE INDEMNITY Agreement for Professional Services, Page 5 PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY PROFESSIONAL TO INDEMNIFY AND PROTECT BAWA FROM THE CONSEQUENCES OF PROFESSIONAL'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE OR A CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE. 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 BAWA. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST BAWA FROM WHICH BAWA IS INDEMNIFIED, PROFESSIONAL FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO BAWA. THE INDEMNITY PROVIDED FOR IN THIS ARTICLE IX SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. By this Agreement, BAWA does not consent to litigation or suit, and BAWA 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 BAWA's sovereign immunity. Professional assumes full responsibility for its work performed hereunder and hereby releases, relinquishes and discharges BAWA, 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 Professional's work to be performed hereunder. This release shall apply with respect to Professional's work regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. 10. Subcontractors and Subconsultants Professional shall receive written approval of BAWA'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 BAWA before execution of such contracts. 11. Termination of Professional BAWA, besides all other rights or remedies it may have, shall have the right to terminate this Agreement without cause upon ten (10) days' written notice from BAWA's General Manager to Professional of BAWA's election to do so. Furthermore, BAWA may immediately and without notice terminate this Agreement if Professional breaches this Agreement. A breach of this Agreement shall include, but not be limited to, the following: Agreement for Professional Services, Page 6 (a) failing to pay insurance premiums, liens, claims or other charges; (b) failing to pay any payments due BAWA, state, or federal government from Professional 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 Professional; (d) the dissolution of Professional; (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 wthin 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, Professional shall discontinue all services in connection with the performance of the Agreement. Within ten (10) days after receipt of the notice of termination, Professional 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 BAWA, Professional shall also tender all of Professional's work product, whether complete or not, in an acceptable form and format to BAWA's Representative. No final payment will be made until all work product is so tendered. If this Agreement is terminated for cause, Professional shall be liable for any damage to BAWA resulting therefrom. This liability includes any increased costs incurred by BAWA in completing Professional's work. The rights and remedies of BAWA in this section are in addition to any other rights and remedies provided by law or under this Agreement. 12. Records Within ten days of BAWA's request and at no cost to BAWA, BAWA 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 Professional Professional is an independent contractor and BAWA neither reserves nor possesses any right to control the details of the Work performed by Professional under the terms of this Agreement. 14. Billing BAWA shall have thirty (30) days to pay Professional's bills from the date of receipt of such bills. All bills 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 BAWA may withhold the portion so contested, but the undisputed portion will be paid. The Professional shall invoice BAWA for work performed no more than once a month. Agreement for Professional Services, Page 7 15. Reputation in the Community Professional shall retain a high reputation in the community for providing professional engineering and testing services. Professional 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 engineering services and /or (b) seeks to deny the Professional the right to practice engineering services or to perform any other services in the State of Texas. 16. Payroll and Basic Records a. Professional shall maintain payrolls and basic payroll records during the course of the work performed under this Agreement and shall preserve them for a period of three 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. Professional shall make the records required to be maintained under the preceding subsection (a) of this section available at no cost to BAWA for inspection, copying or transcription or its authorized representatives within fifteen days of BAWA's request therefor. Professional shall permit such representatives to interview Professional's employees during working hours on the job. 17. 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. 18. 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 BAWA: BAYTOWN AREA WATER AUTHORITY Attn: General Manager P. O. Box 424 Baytown, Texas 77522 -0424 FAX: 281 - 420 -6586 Agreement for Professional Services, Page 8 For the Professional: KIT PROFESSIONALS, INC. 2000 W. Sam Houston Pkwy S., Suite 1400 Houston, TX 77042 FAX: 713- 783 -8747 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. 19. No Third Party Beneficiary This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit Professional and BAWA only. 20. No Right to Arbitration Notwithstanding anything to the contrary contained in this Agreement, BAWA and Professional hereby agree that no claim or dispute between BAWA and Professional 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 BAWA is subjected to an arbitration proceeding notwithstanding this provision, Professional consents to be joined in the arbitration proceeding if Professional's presence is required or requested by BAWA of complete relief to be recorded in the arbitration proceeding. 21. 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. 22. Complete Agreement This Agreement represents the entire and integrated agreement between BAWA and Professional 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. BAWA and Professional accept and agree to these terms. 23. No Assignment Professional may not sell or assign all or part interest in this Agreement to another party or parties without the prior express written approval of BAWA's General Manager of such sale or assignment. BAWA may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of BAWA. Agreement for Professional Services, Page 9 24. Headings The headings used in this Agreement are for general reference only and do not have special significance. 25. 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. 26. 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. 27. 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 , 2014, the date of execution by the General Manager of BAWA. KIT PROFESSIONALS, INC. (Signature) (Printed Name) (Title) Agreement for Professional Services, Page 10 BAYTOWN AREA WATER AUTHORITY ROBERT D. LEIPER, General Manager ATTEST: LETICIA BRYSCH, Assistant Secretary APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., General Counsel STATE OF TEXAS § COUNTY OF HARRIS § Before me on this day personally appeared , in his/her capacity as of KIT Professionals, Inc., on behalf of such corporation, known to me; proved to me on the oath of ; or proved to me through his/her current {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) (check one) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this day of , 2014. Notary Public in and for the State of Texas \ \cobfs0I .legal'. Karen \Files \Engineering Engineering Agreements \KIT ProfessionalABAWA Filter Re- Rating Evaluanon\Agreement doc Agreement for Professional Services, Page 11 EXHIBIT A COMPENSATION Services of Professional required under this Agreement shall not exceed FORTY -NINE THOUSAND SIX HUNDRED AND NO /100 DOLLARS ($49,600.00) based upon the rate schedule, which is attached hereto and incorporated herein as Appendix 1 to this exhibit, and shall not exceed the following for any task of the project: Task 1 Service Phase Data Collection and Review Cost not to Exceed $ 3,700.00 2 Preparation of Filter HLR Pilot Study Plan 8,700.00 3 Conduct Filter HLR Pilot Study 22,900.00 4 Prepare filter HLR Pilot Study Report and Updated CT Study 14,300.00 Total Cost Not to Exceed $49,600.00 The above - referenced not -to- exceed amount includes all expenses that Professional may incur as part of this project, including, but not limited to, all costs associated with parking, mileage, deliveries, and copies. The parties hereto agree and understand that BAWA shall not be liable and the Professional shall not make a claim against BAWA for any such expenses. Additional Services Professional will perform additional services, if any, at a price agreed upon by the parties in writing prior to the performance of such services. BAWA shall not be responsible or liable for any additional services performed by the Professional unless such additional services have been approved in writing prior to the performance of the same. APPENDIX 1 TO EXHIBIT A RATESCHEDULE Staff Category Hourly Rate Project Principal ............... ............................... $240.00 Project Manager ............... ............................... $216.00 Project Engineer ............... ............................... $135.00 .......... Graduate Engineer .... ............................... $84.00 Admin. Assistant ................ ............................... $69.00 EXHIBIT B SCHEDULE OF WORK The Professional shall perform all of the services required herein within ninety (90) calendar days of receipt of a written notice to proceed issued by BAWA. EXHIBIT C SCOPE OF WORK A. Generally: The Baytown Area Water Authority (BAWA) Fritz Lanham Surface Water Treatment Plant (SWTP) has a design capacity of 26 million gallons per day (MGD) per the basis of design of the most recent plant expansion. However, this rated capacity assumes that all filters are in operation at the same time. Currently Texas Commission on Environmental Quality (TCEQ) requires that any surface water treatment plant that provides 7.5 MGD or more must be able to meet the maximum daily demand or a minimum volume of flow per connection with the largest filter off -line. The overall SWTP capacity is limited to approximately 23 MGD if the largest filter is off -line. The existing filters were designed with a hydraulic loading rate (HLR) of 5.0 gallons per minute (gpm) per square foot (sf). The existing filters appear to be capable of operating at a higher HLR, which would not limit the overall plant capacity to 23 MGD. Re- rating the filters requires approval by the TCEQ and must be performed per the agency's specific protocol. Professional shall provide BAWA professional engineering services to perform a re- rating study, and assist BAWA in obtaining TCEQ approval for higher HLR for the existing filters.. B. Basic Services: The scope of services will include the following tasks. Task 1 — Data Collection and Review: Professional shall: 1. Coordinate a project kickoff meeting to confirm the scope, schedule and deliverables; 2. Consult with BAWA to define and clarify BAWA's requirements for the Project and available data; 3. Review relevant available information, which may include, but not be limited to, the following: a. Current capacity approvals from TCEQ for the key unit processes; b. Disinfection concentration -time (CT) study reports and calculations; c. Previous condition assessments and performance evaluations reports; d. As -built drawings for treatment and solids handling processes; e. Daily plant operation logs for past two months; and f. Surface Water Monthly Operating Reports (SWMORs) for past three months; 4. Confirm that other unit processes of the plant are capable of the re- rating of the filters; 5. Identify the capabilities to isolate a treatment train for the filter HLR pilot study; and 6. Provide the following deliverables: a. Data needs list, and b. Kickoff meeting minutes. Task 2 — Preparation of Filter HLR Pilot Stud Plan: lan: Professional shall: 1. Prepare a draft filter HLR Pilot Study Test Plan, which will describe the number of pre- treatment systems and filters that would be operated at the desired HLR and will include the following: a. TCEQ requirements for re- rating of the filters; b. Process and water quality monitoring parameters and their monitoring frequency; c. Log sheets to collect and record the field and online monitoring data; d. Quality assurance and quality control protocols; e. Roles and responsibilities for BAWA and Professional's staff; 2. Coordinate a workshop to review the draft pilot test plan with BAWA staff and address coin mentsrquestions related to the test protocols; 3. Finalize and submit the signed and sealed pilot test plan to TCEQ after addressing comments from BAWA; 4. Coordinate a conference call with TCEQ to confirm that the proposed testing and monitoring will meet TCEQ requirements for re- rating of the filters; and 5. Provide the following deliverables: a. Filter HLR Pilot Study Plan, b. Templates or logs to document operations and water quality data, and c. Test plan review workshop minutes. Task 3 — Conduct Filter HLR Pilot Study: Professional shall: I. Conduct a trial run of the candidate filter and pretreatment units to confirm ability to operate at the higher HLR; 2. Based on the findings of the trial run, establish the conditions and timeline for the 30 -day full -scale pilot study; 3. Provide the necessary oversight and support during the 30 -day test period during which BAWA staff will collect the necessary operations and water quality data per the test plan; 4. Review, analyze, and summarize the test data received from BAWA and incorporate the same in the test report; and 5. Provide an interim summary tables /plots of test results for discussion purposes; Task 4 — Prepare filter HLR Pilot Study Report and Updated CT Study Professional shall: 1. Prepare a request to TCEQ on behalf of BAWA for a higher capacity rating of the SWTP filters based on results from the pilot testing, which request will include a summary of the test results, any pertinent capacity information of processes impacted from high rating of the filters, and a revised disinfection CT study that supports the re- rating; and 2. Submit the draft request to BAWA for review and schedule a meeting to obtain comments; 3. Finalize the request after addressing comments from BAWA and submit signed and sealed copies of the report to TCEQ for review; and 4. Provide the following deliverables: a. Filter HLR Pilot Study Report (draft and final) b. Updated CT Study Report (draft and final) C. Additional Services: BAWA shall not be responsible or liable for any additional services performed by the Professional unless such additional services have been approved in writing prior to the performance of the same. Professional will perform additional services at a price agreed upon by the parties in writing prior to the performance of such services based upon the rate schedule indicated in Exhibit "A."