Ordinance No. 14,384ORDINANCE NO. 14,384
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO
ENGINEERS INC., FOR A WATER AND WASTEWATER RATE STUDY FOR THE
CITY OF BAYTOWN; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN
IN AN AMOUNT NOT TO EXCEED SEVENTY-ONE THOUSAND ONE HUNDRED
ONE AND NO100 DOLLARS ($71,101.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to a Professional Services Agreement with
Carollo Engineers Inc., for a Water and Wastewater Rate Study for the City of Baytown. A copy of said
agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Carollo
Engineers Inc., in an amount not to exceed SEVENTY-ONE THOUSAND ONE HUNDRED ONE AND
NOI100 DOLLARS ($71,101.00) for professional services in accordance with the agreement authorized
in Section I hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by FIFTY THOUSAND AND NO,100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent
(250 0).
Section 4: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the of ative vote of the City ncil of the City of
Baytown this the 14th day of May, 2020.
BRANDON CAPETILLO, NKyor
ATTEST:
L TICIA BRYSCH Cit Jerk
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APPROVED AS TO FORM:
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KAREN L. HORNER, Interim City Attorney OF
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Exhibit "A"
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") entered into by and between Carollo Engineers, Inc.,
(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 provide a Water and Wastewater Rate Study for the
City of Baytown (the "Work"). The compensation for Professional shall not exceed SEVENTY-
ONE THOUSAND ONE HUNDRED ONE AND NO:' 100 DOLLARS ($71,101.00) and shall be
on the basis described in Exhibit "A." The time schedule for the Work is attached as Exhibit
"B." The scope of the Work is described 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 Meera Victor, 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 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 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.
d. Rejection of Professional's Employees
The City 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 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. Notwithstanding the foregoing,
Professional 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.
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 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 (5) years of proven experience in the field, and such
satisfactory documentation has been approved by the City's Representative.
Agreement for Professional Services, 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
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 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.
(8) Professional has no control over the cost of labor, materials, equipment or
services furnished by others. Data projections and estimates are based on
Professional's opinion based on experience and judgment. Professional
cannot and does not guarantee that actual costs and/or quantities realized
will not vary from the data projections and estimates prepared by
Professional.
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 execution of this Agreement, 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 with this Agreement. As noted in Articles 5 & 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
Agreement for Professional Services. Page 3
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 Professional's name and all references to
Professional 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
Professional 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 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: $2,000,000
■ 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
Agreement for Professional Services, Page 4
■ Waiver of Subrogation required.
■ Coverage will be in force for one (1) year after completion of the
Project.
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.
1. 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 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 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
PROFESSIONAL AGREES TO AND SHALL INDEMNIFY AND
HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO AS
Agreement for Professional Services, Page 5
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
PROFESSIONAL OR THE PROFESSIONAL'S AGENT,
CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY
OVER WHICH THE PROFESSIONAL EXERCISES CONTROL
(COLLECTIVELY PROFESSIONAL'S PARTIES). IT IS THE
EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH
PROFESSIONAL AND THE CITY, THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY
PROFESSIONAL TO INDEMNIFY AND PROTECT THE CITY
FROM THE CONSEQUENCES OF PROFESSIONAL'S PARTIES'
OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE
AS WELL AS THE PROFESSIONAL'S PARTIES' INTENTIONAL
TORTS, INTELLECTUAL PROPERTY INFRINGEMENTS, AND
FAILURES TO MAKE PAYMENTS ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT. SUCH INDEMNITY
SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM
THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF
PERSONS THAT IS CAUSED BY OR RESULTS FROM THE
NEGLIGENCE OF ANY PERSON OTHER THAN THE
PROFESSIONAL'S PARTIES. IN THE EVENT THAT ANY
ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY
FROM WHICH THE CITY IS INDEMNIFIED, PROFESSIONAL
FURTHER AGREES AND COVENANTS TO DEFEND THE
ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE
TO THE CITY. THE INDEMNITY PROVIDED HEREINABOVE
SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION
OF THIS AGREEMENT.
By this Agreement, the City does not consent to litigation or suit, and the City
hereby expressly revokes any consent to litigation that it may have granted by the
terms of this Contract or any other contract or agreement, any charter, or
Agreement for Professional Services. Page 6
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
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 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;
(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 the City,
Professional shall also tender all of Professional's work product, whether complete or not, in an
Agreement for Professional Services, Page 7
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 terminated 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
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 (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 Professional
Professional is an independent contractor and the City neither reserves nor possesses any right 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 date(s) of
such work or services. In the event of a disputed or contested invoice, the parties understand and
agree that the City may withhold the portion so contested, but the undisputed portion will be
paid. 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 and testing services. Professional shall forward a summary 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. Professional
shall provide a copy of the petition or claim upon written request.
17. 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 (3) years from the completion of the work called for under this Agreement
Agreement for Professional Services, Page 8
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 the City for inspection,
copying or transcription or its authorized representatives within fifteen (15) 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 Harris
County, Texas.
19. 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:
For the Professional:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522-0424
FAX: 281-420-6586
CAROLLO ENGINEERS, INC.
Attn: Meera Victor, P.E.
10375 Richmond Avenue, Suite 1625
Houston, TX 77042
FAX:
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 9
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. No person or entity not a signatory to this Agreement
shall be entitled to rely on Professional's performance of its services hereunder, and no right to
assert a claim against Professional by assignment of indemnity rights or otherwise shall accrue to
a third party as a result of this Agreement or the performance of Professional's services
hereunder.
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 of 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 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.
25. No Boycott Israel
Professional herein agrees that it will not boycott Israel during the term of this Agreement. As
used in this section, "boycott Israel" means refusing to deal with, terminating business activities
with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or
limit commercial relations specifically with Israel, or with a person or entity doing business in
Israel or in an Israeli -controlled territory, but does not include an action made for ordinary
business purposes.
Agreement for Professional Services, Page 10
26. Headings
The headings used in this Agreement are I'm general reference only and do not have special
significance.
27. Severability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
28. Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same.
29. Authority
The officers executing this Agreement on behall'of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party hei'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 2020, the date of
execution by the City Manager of the City of Baytown.
CAROLLO ENGINEERS, INC.
1W —*_ r
(Signa(ure)
h-ol co
(Printed Name)
(Tide)
CITY OF BAYTOWN
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
Agrccmcnt for Professional Services, Page I I
APPROVED AS TO FORM:
KAREN L. HORNER, Interim City Attorney
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this da personally appeared & A _�� C. in
his/he
corporation,
orpor capacity as o f Carollo Engineers, Inc,, on bej alf of such
known to me;
proved to me on the oath of ; or
proved to me through his/her current
{description of identification card or gthgr document issued by the federal
government or any state government that contaips the photograph nrid 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 , 2020.
[I,-
�" "�� EDNA MAURY
Notary ID #6443743
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My commission Expires Notary Public in and or the State exas
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EXHIBIT A
COMPENSATION
Services of Professional and its subcontractors required under this Agreement shall not
exceed SEVENTY-ONE THOUSAND ONE HUNDRED ONE AND NOI100 DOLLARS
($71,101.00) 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:
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 the City shall not be liable
and the Professional shall not make a claim against the City for any such expenses.
APPENDIX 1 TO EXHIBIT A
RATE SCHEDULE
Staff Category Hourly Rate
Project Manager..............................................................$285.00
Quality Management.......................................................$250.00
Lead Financial Analyst...................................................$170.00
Financial Analyst............................................................$145.00
Administrative Support...................................................$100.00
EXHIBIT B
SCHEDULE OF WORK
The Professional shall perform all of the services required herein and submit the
deliverables referenced in Exhibit "A" within sixty (60) calendar days from the date of the notice
to proceed. The draft rate changes will be submitted to the City for review within thirty (30)
calendar days of the notice to proceed.
EXHIBIT C
SCOPE OF WORK
A. Generally:
The Professional shall perform professional services in order to provide a Water and
Wastewater Rate Study for the City of Baytown.
B. Basic Services:
The scope of services will include the following:
Task 1. Study Orientation and Data Collection
Task 1.1 Study Orientation Workshop
Professional shall:
1. facilitate a virtual Study Orientation Workshop with the City staff to
confirm study objectives and discuss the following:
➢ City staff expectations,
➢ Scope of work,
➢ Schedule,
➢ Relevant City policies and ordinances,
➢ Status of the data request,
➢ Other considerations relevant to the rate and impact fee updates, and
➢ Potential changes to the existing Land Use Assumptions Plan (LUAP);
2. in consultation with City staff, outline modeling assumptions, such as
growth and inflation factors, operational costs, and capital funding inputs,
to better understand the City's cost drivers and rate planning
considerations before diving into the analysis;
3. discuss Professional's modeling approach with the City;
4. incorporate into the resulting Microsoft Excel -based model a user-friendly
graphical user interface clearly identifying metrics which the City deems
most important; and
5. prepare a technical memorandum to summarize the Study Orientation
Workshop.
Task 1.2 Data Request and Review
Professional shall:
prior to the Study Orientation Workshop, provide a list of data required to
complete the rate and impact fee updates, including financial,
demographic, operating, and engineering data, and
upon receipt of study data, update the data request list and provide the City
with regular status reports until all data is received.
Task 1 Deliverables:
➢ Data request list
➢ Study Orientation Workshop Technical Memorandum
Task 2. Water and Wastewater Cost of Service Rate Update
Task 2.1 Financial Plan
Professional shall:
1. prepare a comprehensive financial plan for development of revenue
requirements for the City;
2. review the City's customer usage data and analyze it to understand
relevant trends and customer profiles, which analysis will focus on:
➢ summarizing total system usage on a customer class basis,
➢ calculating peaking factors for individual customer classes,
➢ estimating sewer return flow based on available metrics (e.g., winter
quarter average), and
➢ identifying long-term usage trends;
3. as a quality management step, perform a "price out" comparison of the
City's recorded actual revenues against Professional's calculated revenues
based on usage information (Any deviation will require reconciliation);
4. Forecast, after the revenue comparison, the customer account and usage
assumptions for the study period (up to ten years);
5. review the City's financial data and work closely with City staff to
understand the City's projections;
6. continue populating its own rate model based on financial reports from the
City, including but not limited to:
➢ budgeted operations and maintenance expenditures,
➢ capital improvement plans (CIP) and planned funding sources, and
➢ any other financial inputs as appropriate;
7. forecast each of the financial inputs for the study period;
8. test the current rate structure and its ability to meet the City's policy
objectives, beginning with three tests:
➢ Cash Flow Needs Review do revenues exceed expenses throughout
the study period? If not, will shortfalls adversely impact reserves or
debt coverage?
➢ Debt Coverage Test does the revenue structure provide adequate
revenues to meet debt coverage for existing and future loans or bonds?
➢ Reserve Funds Review Do projected operating and capital reserve
fund balances meet or exceed policy targets?
9. review with the City any inadequacies from these tests and create a
suitable funding plan throughout the study period;
10. facilitate a Financial Plan and Revenue Requirements Workshop with City
staff to present the Professional's assumptions, analysis, and
recommendations from this Task 2.1; and
11. prepare a technical memorandum to summarize the Financial Plan and
Revenue Requirements Workshop discussion, decisions, and action items.
Task 2.1 Deliverables:
➢ Identification of revenue requirements for inclusion in the Cost of Service
Analysis
➢ Recommended revenue increases, as necessary
➢ Financial Plan and Revenue Requirements Workshop Technical
Memorandum
Task 2.2 Cost of Service Analysis
Professional shall:
1. perform a cost of service analysis consistent with industry standards,
which shall:
➢ identify City's primary cost drivers based on operating and capital
costs,
➢ identify what users are driving system investment and operations,
➢ create clearly defined and defensible nexus between costs and system
users, and
➢ thoroughly document these findings in a clear and concise manner
which can be easily understood by both City staff and other
stakeholders;
2. allocate the City's O&M budget line items to one or multiple rate
components based on the functional category of each cost;
➢ The development of water cost allocations will be consistent with
guidance provided by the American Water Works Association's MI
Manual: Principals of Water Rates, Fees and Charges.
➢ At a minimum, allocations will recognize base or volume -related
costs, maximum day and maximum hour capacity or demand costs,
fire protection costs, and customer service costs.
3. align wastewater cost allocations with Water Environment Federation's
Manual of Practice 27: Financing and Charges for Wastewater Systems;
➢ At a minimum, allocations will begin with functional categories and
then be assigned to flow volume, total suspended solids (TSS),
biochemical oxygen demand (BOD), and/or customer service rate
components.
4. work with staff to identify any additional wastewater treatment
constituents that should be allocated;
5. develop an estimate of the units of service associated with each cost
causative element for water and wastewater service by:
➢ converting customer service -related costs to units of service on a
per -account or per -bill basis, while volumetric categories will be on a
per -thousand -gallon basis,
➢ estimating units of service based on service characteristics identified
by customer class,
➢ developing these units of service in recognition of customer usage
analysis, most recent and best available data, and engineering
judgment regarding customer class service requirements,
➢ aligning the functional allocation of revenue requirements with the
determined units of service, and
➢ organizing this units of service classification based on fixed and
variable costs;
6. allocate the total costs of service for each customer class based on the
quantity of units each class demands;
7. specifically determine the relative responsibility of each customer class
based on each class' or users' estimated service requirements;
8. facilitate a virtual Cost of Service Workshop with City staff to present the
Professional's assumptions, analysis, and recommendations from Task 2.2;
and
9. prepare a technical memorandum to summarize the Cost of Service
Workshop discussion, decisions, and action items.
Task 2.2 Deliverables:
➢ A table summarizing Cost of Service analysis results by customer class (i.e.
identification of which customer classes are undercover -paying)
➢ Cost of Service Workshop Technical Memorandum
Task 2.3 Rate Design
Professional shall:
1. design water rates to generate sufficient revenues while meeting the City's
objectives;
2. review and evaluate up to two potential water rate structure alternatives
that promote an equitable allocation of costs among customers, including
but not limited to, uniform rates and tiered rates;
➢ The proposed rate structures for residential and nonresidential rates
may vary based on staff input.
3. calculate bill impacts for various water customer classes and usage levels
to compare existing rates to proposed rates;
4. design wastewater rates to generate sufficient revenues while meeting
City's objectives;
5. review and evaluate up to two potential wastewater rate structure
alternatives that promote an equitable allocation of costs among
customers, including but not limited to, winter quarter averaging and any
potential pass- through rates;
➢ The proposed rate structures for residential and nonresidential rates
may vary based on staff input.
6. calculate bill impacts for various wastewater customer classes and usage
levels to compare existing rates to proposed rates;
7. facilitate a virtual Rate Design Workshop with City staff to present the
Professional's assumptions, analysis, and recommendations from Task 2.3;
and
8. prepare a technical memorandum to summarize the Rate Design
Workshop discussion, decisions, and action items.
Task 2.3 Deliverables:
➢ Comparison of Existing and Proposed Rates
➢ Customer Bill Impact Tables comparing existing and proposed monthly bills
➢ Rate Design Workshop Technical Memorandum
Task 2.4 Rate Update Reports and Presentations Reports
Professional shall:
1. prepare a draft report for the City outlining inputs and assumptions,
methodology and calculations, and final recommendations and rates and
charges, which report will document the nexus between rates and cost of
service;
2. following City staff feedback on the draft report, revise the draft report
and deliver a final report; and
3. present findings and recommendations of the Rate Update to City Council
and./or other stakeholders at one (1) public meeting.
Task 2.4 Deliverables:
➢ Draft and Final Reports
➢ Presentation materials for City Council
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 based upon the
rate schedule indicated in Exhibit "A."