Ordinance No. 13,301ORDINANCE NO. 13,301
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH SKA
CONSULTING L.P., FOR THE PUBLIC WORKS FUEL TANKS PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT
TO EXCEED SEVENTY -NINE THOUSAND SIX HUNDRED FORTY -ONE AND
NO/100 DOLLARS ($79,641.00); 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
SKA Consulting L.P., for the Public Works Fuel Tanks Project. A copy of said agreement is attached
hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to SKA
Consulting L.P., in an amount not to exceed SEVENTY -NINE THOUSAND SIX HUNDRED
FORTY -ONE AND NO /100 DOLLARS ($79,641.00) 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/1 00 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty -five percent
(25 %).
Section 4: This ordinance shall take effect immediately f and after its passage by the
City Council of the City of Baytown. /
INTRODUCED, READ and PASSED by the affirmativ of the City Council of the City of
e vd
Baytown this the 22nd day of September, 2016. A
APPROVED AS TO FORM:
J*AC5I0_RAMIRJEZ, SR., C' Atto ey
STY-PREN.W.. DONCARLOS, Mayor
R:1KarenlFiles,City Council',Ordinances\2016' September 22'. SKAConsulting4PWFuelTanksProject .doc
Exhibit "A"
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This Agreement for Professional Services (this "Agreement ") is entered into by and
between SKA Consulting, L.P.. a Texas limited partnership (hereinafter "the Professional ") and
the City of Baytown, a home -rule municipality located in Harris and Chambers Counties, Texas
(the "City ").
1. Scope of Services /Professional Fees
This Agreement authorizes Professional to perform design, permitting of plans, construction
oversight and regulatory interaction associated with the removal and installation of aboveground
storage tank (AST") fueling systems at the Municipal Service Center, 2123 Market Street,
Baytown, Texas 77520. The Professional will also obtain closure of the existing Leaking
Petroleum Storage Tank ( "LPST ") case at the site from the Texas Commission on Environmental
Quality ( "TCEQ "). (collectively the "Work ") for and on behalf of the City. The compensation
for Professional shall not exceed SEVENTY -NINE THOUSAND SIX HUNDRED FORTY -
ONE AND NO,, 100 DOLLARS ($79,641.00) 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 is 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 the City 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 Mike Schultz, P.E., CAPM, 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 the City's
Representative.
b. Data on Professional's Employees
Prior to commencement of the Work, Professional 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, engineers.
C. Rejection of Professional's Employees
Agreement for Professional Services. Page I
The City reserves the right to approve or reject from the Work any employees of
the Professional.
Designation and Duties of the City's Representative
a. The City's Director of 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 Professional'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. 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
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 the City 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 the City or that the construction specified
is bid by the City.
(2) 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.
(3) All materials furnished on any City 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 the City's Representative.
Agreement for Professional Service. Page 2
(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.
(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
master electrician 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 Agreement 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 City. The City'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 the City's
rights under this Agreement. As applicable, Professional shall provide the
City with record "as- built" drawings relating to the work, in an electronic
format that is acceptable to the City. City shall be in receipt of record
drawings, if applicable, prior to final payment.
6. Schedule
Professional shall not proceed with the Work or any stage thereof until written notice to proceed
is provided by the City's Representative.
7. Instruments of Service
Upon the corresponding payment for the professional services, Professional grants to the City an
ownership interest in the Instruments of Service. Professional shall obtain similar interests from the
City and Professional's consultants consistent %%ith this Agreement. As noted in Article 11,
Professional 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 consistent with the Texas
Engineering Practice Act.
Agreement for Professional Services. Page 3
S. 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
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 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 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:
Commercial General Liability
• General Aggregate: $2,000,000
• Products & Completed Operations Aggregate: $1,000,000
• Personal & Advertising Injury: $1,000,000
• Per Occurrence: $1,000,000
• Fire Damage $50,000
• Coverage shall be broad form CGL.
• Waiver of Subrogation required.
• 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 three (3) years after construction of
the Project is completed.
4. Workers' Compensation
•
Statutory Limits
•
Employer's Liability $500,000
•
Waiver of Subrogation required.
Agreement for Professional Services. Page 4
b. The following shall be applicable to all policies of insurance required herein.
Insurance carrier for all liability policies must have an A.M. Best Rating of
A -:VII 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 certified mail, return receipt
requested, has been given to the City.
5. The City, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Workers'
Compensation and the Errors and Omissions Policies required herein.
6. Upon request and without cost to the City, certified copies of all insurance
polices and/or certificates of insurance shall be furnished to the City.
7 Upon request and without cost to the City, loss runs (claims listing) of any
and/or all insurance coverages shall be furnished to the City.
8. All insurance required herein shall be secured and maintained in a
company or companies satisfactory to the City, and shall be carried in the
name of Professional. Professional 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
THE PROFESSIONAL AGREES TO AND SHALL INDEMNIFY
AND HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES (HEREAFTER 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
DAMAGES TO ANY PERSON(S) OR PROPERTY TO THE
EXTENT ARISING OUT OF OR IN CONNECTION WITH AN ACT
Agreement for Professional Ser%ices. Page 5
OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL
PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE
PROFESSIONAL OR THE PROFESSIONAL'S AGENT,
CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY
OVER WHICH THE PROFESSIONAL EXERCISES CONTROL
(COLLECTIVELY THE PROFESSIONAL'S PARTIES). IT IS THE
EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH
THE PROFESSIONAL AND CITY, THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE
PROFESSIONAL TO INDEMNIFY AND PROTECT CITY FROM
THE CONSEQUENCES OF THE PROFESSIONAL'S PARTIES'
OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE
P AS WELL AS THE PROFESSIONAL'S PARTIES' INTENTIONAL
M 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
PROFESSIONAL'S PARTIES. IN THE EVENT THAT ANY
ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY
FROM WHICH THE CITY IS INDEMNIFIED, THE
PROFESSIONAL FURTHER AGREES AND COVENANTS TO
DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL
ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED
L HEREINABOVE SHALL SURVIVE THE TERMINATION AND /OR `t
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 Agreement or any other contract or agreement, and charter, or
applicable state law. Nothing herein shall be construed so as to limit or waive the
City's sovereign immunity. Professional assumes full responsibility for its work
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
Agreement for Profe%monal Serkices, Page 6
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. This indemnity does
not cover special, consequential or punitive damages.
10. Subcontractors and Subconsultants
Professional 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 Professional
The City, 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 the City Manager to
Professional of the City's election to do so. Furthermore, the City 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:
(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
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;
(t) failing to complete work "thin the time period specified in this
Agreement; an&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 the City,
Professional shall also tender all of Professional's work product, whether complete or not, in an
acceptable form and format to the City's Representative. No final payment will be made until all
work product is so tendered.
If this Agreement is tenninated for cause, Professional shall be liable for any damage to the City
resulting therefrom. This liability includes any increased costs incurred by the City in
Mveement for !'rof"sional Service~, Pagc 7
completing Professional's work. 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 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 the subject of this
Agreement.
13. Supervision of Professional
Professional is an independent contractor and the City neither reserves nor possesses any tight to
control the details of the Work performed by Professional under the terms of this Agreement.
14. Billing
The City 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 datc(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. The Professional shall invoice the City for work performed no more than once a month.
15. Indebtedness.
If Professional, 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 the Professional has incurred a debt, the City's Director of Finance shall immediately notify
the Professional in writing. If the Professional does not pay the debt within 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 the Professional under this Agreement, and the Professional waives
any recourse therefor.
16. Reputation in the Community
Professional shall retain a high reputation in the community for providing professional
engineering 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 en-ors; or omissions in
providing engineering services and/or (b) seeks to deny the Professional the right to practice
engineering or to perform any other services in the state of Texas.
17. Payroll and Basic Records
a. Professional shall maintain payrolls and basic payroll records during the course ol'
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.
Agreement for Professional Seri ices, Page 8
b. Professional 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 days of the
City's request therefor. Professional shall permit such representatives to interview
Professional's employees during working hours on the job.
18. 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 Han-is
County, Texas.
19. Notices
Unless otherwise provided in this Agreement, any notice provided for or pennitted 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:
For the Professional:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522 -0424
FAX: 281-420-6586
SKA Consulting, L.P.
1888 Stebbins Drive, Suite 100
Houston, TX 77043
FAX: 713-266-0996
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 gia en of such new address to the other party.
20. No Third Party Beneficiary
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit Professional and the City only.
Agreement for Professional Seryiecs, Page 9
21. No Right to Arbitration
Notwithstanding anything to the contrary contained in this Agreement, the City and Professional
hereby agree that no claim or dispute between the City 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 the City 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 the City for complete relief to be recorded in the arbitration
proceeding.
22. 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.
23. Complete Agreement
This Agreement represents the entire and integrated agreement between the City 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. The City
and Professional accept and agree to these terms.
24. No Assignment
Professional may not sell or assign all or part interest in the 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.
25. Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
26. Severability
All patties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other tern of this Agreement, which shall
continue in full force and effect.
27. Ambiguities
In the event of any ambiguity in any of the terns of this Agreement, it shall not be construed for
or against any party hereto on the basis that such patty did or did not author the same.
28. 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 patty he she represents.
Agreement for Profes,ional Sen ices. Page 10
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 , 2016, the date of execution
by the City Manager of the City of Baytown.
CITY: CITY OF BAYTOWN
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM.
IGNACIO RAMIREZ. SR., City Attorney
PROFESSIONAL: SKA CONSULTING, L.P., a
Texas Limited Partnership
its General Partner
(Signature)
Soe4 J:' LeAf-
(Printed Name)
(Title)
\greement for Profe%sional Ser%ice%. Page I I
STATE OF TEXAS
COUNTY OF HARRIS ti
Before me on this day personally appeared in
his/her capacity as __ of SKA, GP., INC., the general partner of
SKA CONSULTING, L.P., a Texas Limited Partnership, on behalf of such partnership
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 , 2016.
Notary Public in and for the State of Texas
R harm I des 1 ngmecnng I ngmctirmg \guenunts SK \ Consulting . \S I at Pubhc Work., Agreement due
Agreement for Professional Ser\ ices, Page 12
EXHIM A
WivIPENSATION
Basic Services
Services required and reimbursable expenses incurred under this Agreement shall not exceed
SEVENTY -NINE THOUSAND SIX HUNDRED FORTY -ONE AND 140100 DOLLARS
($79,641.00) based upon the schedule specified hereinbelow:
Task No.
Task
Total
Fuel System Design
Labor
$27,650
1
Rental & Materials
$ 1,573
Subcontractors
$ 5,882
Laboratory Analyses
-0-
Subtotal
$35,105
Fuel System Permitting
Labor
$4,430
2
Rental & Materials
$ 224
Subcontractors
-0-
Laboratory Analyses
.0-
Subtotal
54.704
Additional Deliverables and City Progress Meetings
Labor
$6.620
3
Rental & Materials
$ 711
Subcontractors
.0.
Laboratory Analyses
.0-
Subtotal
1 $7,331
Construction Management
Labor
$15,790
4
Rental & Materials
$3,190
Subcontractors
-0-
Laboratory Analyses
-0.
Subtotal
$13.980
Release Determination and Plan A Risk -Based Assessment Report
Labor
$7,570
5
Rental & Materials
$ 392
Subcontractors
-0.
Laboratory Analyses
$ 874
Subtotal
$8,816
Contractor and Construction Progress Meetings
Labor
$4,100
6
Rental & Materials
$ 585
Subcontractors
-0.
Laboratory Analyses
.0.
Subtotal
$4,685
Grand Total
$79,641
Reimbursable Expenses shall be paid at the Professional's actual cost tithes a multiplier of 1.10.
however, mileage and travel shall not be subject to the multiplier. Mileage shall be paid at the
IRS rate. Professional shall not seek reimbursement for any other travel - related expenses unless
the same have been pre- approN ed in writing by the Director of Engineering.
Exhibit "A," Pagc I
Additional Services
Professional will perform set-vices at a price agreed upon by the parties in writing prior to the
performance of such services. The City 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.
Exhibit "A," Page 2
EXHIBIT B
SCHEDULE OF WORK
The Professional shall perfonn all of the services required for Tasks 1 and 2 within eighty (80)
calendar days of receipt of a written notice to proceed issued by the City. Tasks 4 through 6 shall be
perfornied commensurate with the bidding and construction of the Project.
Exhibit -13," Page Solo
EXHIBIT C
SCOPE OF WORK
A. Generally:
There are currently three (3) 10,000- gallon concrete - encased above- ground storage tanks
( "ASTs ") at the Municipal Service Center containing diesel fuel and/or gasoline. The replacement
AST fuel system for the Municipal Service Center will consist of (3) 10,000- gallon, single -
compartment, double - walled steel ASTs for diesel fuel and/or gasoline. All replacement ASTs
will be built to Underwriters Laboratories UL -2085 specifications for 2 -hour fire- rating, and
vehicular and projectile impact protection.
B. Basic Services:
The scope of services will include tasks required to design, to obtain proper permits, to provide
construction oversight, and to engage in regulatory interaction associated with the removal and
installation of AST fueling systems at the Municipal Service Center, 2123 Market Street,
Baytown, 'Texas 77520 and to obtain closure of the existing Leaking Petroleum Storage Tank
( "LPST') case at the site from the Texas Commission on Environmental Quality ( "TCEQ ").
Task I -- Fuel System Design:
Upon written authorization from the City, Professional shall:
1. Consult and meet with the City to define and clarify the City's requirements for
the Project and to gather operational information on the existing facilities;
2. Identify, consult with, and analyze requirements of governmental authorities
having jurisdiction to approve the portions of the Project;
Design specifications and provide supporting bid documents for the removal and
installation of ASTs including fuel transfer systems at the Municipal Service
Center;
4. Develop the fueling facility plans and specifications in accordance with the
following:
a. National Fire Protection Association ( "NFPA ") Chapter 30;
b. National Electrical Code, Chapter 514
C. Petroleum Equipment Institute ( "PEI ") Recommended Practice 200; and
d. Applicable codes of the City;
Include the following equipment in the proposed plans and speci fications:
a. Three (3) 10,000 - gallon, double - walled, impact resistant, UL -2085, steel
ASTs for diesel fuel and or gasoline;
b. Three (3) 1! i hp submersible pumps with mechanical leak detectors;
C. Veeder Root TLS 350 automatic tank monitoring system including tank
gauges, interstitial monitoring, and sump sensors;
d. "Three (3) new free standing remote fill boxes including new 3" remote
fill piping with check valves, ball valves, overfill alarms and Camlock
fittings:
C. One (1) APT transition sump inside of concrete lxrn including leak
sensor;
E \Ilibit °C." Page 1
f. Six (6) new Gasboy or approved equal mechanical dispensers including
hoses, nozzles, hose retractors and stainless steel panels;
g. Six (6) dispenser sumps including associated hardware and leak sensor;
h. TRAK SentryGOLD fuel management system, and,
i. Associated piping;
6. Ensure that the ASTs at the Municipal Service Center site will be equipped with
a. Submersible fuel pump, an automatic tank gauging system for remote
inventory access and leak detection and
i. The fuel management and leak detection systems will be routed
to adjacent buildings per the City's direction.
b. Associated vents and a clock gauge;
Ensure that:
a. The ASTs will be labeled and placarded appropriately;
b. The fuel piping will be painted black steel where exposed above ground,
will be stainless steel inside the ASTs, and will be double - walled
fiberglass- reinforced plastic where underground;
C. Appropriate bedding will be designed for subgrade piping for each site;
d. The proposed fueling systems will utilize existing electrical or
telephone /data service at the site;
e. Electrical loads and proposed wiring and breaker selections %%ill be
included in the designs;
f. The electrical design will include remote access provisions for automatic
tank gauging, leak detection, and fuel control systems; and
g. 'file plans will call for the installation of a TRAK fuel management
system to include: two SentryGOLD, fuel island terminals with key
readers, installation, setup, training and warranty, and TRAK fuel
browser -based fuel management data migration service;
8. Include in the design extra conduits and piping in the plans for future work as
directed by the City;
9. Submit 30 0o bid documents within forty (40) calendar days of the notice to
proceed issued for this phase of the Work, which will include plans,
specifications, calculations, schematic layouts, sketches and conceptual design
criteria with appropriate exhibits to indicate the agreed -to requirements,
considerations involved, and those alternate solutions available to the City which
the Professional reco►n►nends. The Professional will also prepare and submit an
opinion of probable construction costs for the Project with the 3010 submittal;
I0. Meet with the City's representatives to review and receive input on the 30%
design documents. Revise the 30% submittal in response to the City's comments
and incorporate such revisions in the 60% submittal;
11. Submit the 6090 bid documents within filly (50) days of the notice to proceed
issued for this phase of the Work, which will include plans, specifications,
calculations, schematic layouts, sketches and conceptual design criteria %vith
appropriate exhibits to indicate tine agreed -to requirements, considerations
involved, and those alternate solutions available to the City which the
Exhibit "C,*' Page 2
Professional recommends. The Professional will also prepare and submit an
opinion of probable construction costs for the Project with the 60% submittal;
12. Meet with the City's representatives to review and receive input on the 3000
design documents. Revise the 60% submittal in response to the City's comments
and incorporate such revisions in the 90% submittal;
13. Submit the 90% bid documents within sixty (60) calendar days of the notice to
proceed issued for this phase of the Work, which will include plans,
specifications, calculations, schematic layouts, sketches and conceptual design
criteria with appropriate exhibits to indicate the agreed -to requirements,
considerations involved, and those alternate solutions available to the City %Vliich
the Professional recommends. The Professional will also prepare and submit an
opinion of probable construction costs for the Project with the 90% submittal;
14. Meet with the City's representatives to review and receive input on the 9000
design documents. Revise the 90 0,'o submittal in response to the City's comments
and incorporate such revisions in the 100% submittal;
15. Submit the 100% bid documents within seventy (70) calendar days of the notice
to proceed issued for this phase of the Work, which will include plans,
specifications, calculations, schematic layouts, sketches and conceptual design
criteria with appropriate exhibits to indicate the agreed -to requirements,
considerations involved, and those alternate solutions available to the City which
the Professional recommends. The Professional will also prepare and submit an
opinion of probable construction costs for the Project with the 100 10 submittal;
and
16. Meet with the City's representatives to review and receive input on the 10010
design documents. Revise the 100% submittal in response to the City's
comments and provide final bid documents to the City within eighty (80)
calendar days of the notice to proceed issued for this phase of the work.
Task 2 -- Fuel System Permitting:
The Professional shall:
1. Submit the 900o plans and specifications to the City's Planning and Development
Services Department for plan review and approval and
2. Obtain all necessary permits for the project within eighty (80) calendar days of.
Task 3 -- Additional Deliverables and City Progress Meetings
The Professional shall attend the following meetings:
Project kickoff meeting(s),
30%, 60%, 9000 and I OW completion meetings,
3. Pre -bid and preconstruction meetings, and
The Professional shall provide a summary of the minutes of these meetings and
distribute it to all parties.
Exhibit " C." Page 3
4. Construction progress meetings.
The Professional shall provide a summary of the minutes of these meetings and
distribute it to all parties.
Task 4 -- Construction Management
The Professional shall:
Assist the City in advertising for and obtaining bids for the Work;
2. Answer questions and issue Addenda as appropriate to clarify, correct, or change
the Bidding Documents;
3. Consult with the City as to the acceptability of subcontractors, suppliers, and other
individuals and entities proposed by Contractor for those portions of the work as to
which such acceptability is required by the bidding documents;
4. Conduct the pre -bid conference and prepare summary of pre -bid meeting minutes
for the project and distribute to all prospective bidders;
5. Attend the Bid opening, prepare Bid tabulation sheets, assemble contract
documents, assist the City in both evaluating bids or proposals, recommend award
to the City, as appropriate, and assist in awarding contracts for the Work;
6. Assist in connection with bid protests, rebidding, or re- negotiating contracts for
construction, materials, equipment, or services;
7. Assist the City in construction management of the Project, including contractor
selection, construction support, and start -up, including:
a. Submit a Construction Notification to [lie TCEQ,
b. Prepare the pre - construction meeting agenda, attend the meeting, and
prepare and distribute the meeting minutes;
C. Establish control and temporary benchmarks for locating the work which
in the Professional's judgment are necessary to enable Contractor to
proceed;
d. Review contractor submittals for compliance with the plans and
specifications and approve equivalents;
e. Issue necessary clarifications and interpretations of the contract
documents as appropriate to the orderly completion of contractor's work.
Such clarifications and interpretations will be consistent with the intent
of and reasonably inferable from the contract documents;
f. Recommend change orders to the City as appropriate. and prepare
change orders as required;
Eehibit "C' Page 4
g. Provide site inspection during site preparation and installation of the
equipment and snake visits to the site at intervals appropriate to the
various stages of construction to observe the progress and quality of the
work;
h. Recommend to the City that Contractor's work be disapproved and
rejected while it is in progress if, on the basis of such observations, the
Professional believes that such work will not produce a completed
Project that substantially conforms to the contract documents or that it
will prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated in the contract documents;
Perform inspections for final completion and establish a punch list of
items to be completed prior to final approval;
Recommend final approval of the Project; and
k. Provide sealed, as -built plans to reflect any field changes to the approved
plans.
Task 5 -- Release Determination and Plan A Risk -Based Assessment Report
The Professional shall:
During the excavation of the pipe chase for the Municipal Service Center, collect
soil samples every 20 linear feet as part of a TCEQ Release Detennination
assessment.
Analyze samples for benzene, toluene, ethylbenzene, and total xylenes (BTEX)
by Environmental Protection Agency (EPA) Method 82608, and total petroleum
hydrocarbons (TPH) by Texas Method 1005.
Depending on TPII concentrations found, analyze soil samples polycyclic
aromatic hydrocarbons (PAFIs) by EPA Method 8270C.
Prepare and submit a TCEQ Release Determination Report (RDR) and a Plan A
Risk Based Assessment Report to the TCEQ using these data and request site
closure for LPST case no. 1193 72.
Upon start -up, file a Petroleum Storage Tank registration with the TCEQ on
behalf of the City.
Task 6 -- Contractor and Construction Progress Meetings
The Professional shall prepare the construction progress meeting agendas, attend the
meetings, and prepare and distribute the meeting minutes.
C. Additional Services:
The City 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.
Lxhibit "C." Pagc 5