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Ordinance No. 14,788 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH CAROLLO ENGINEERS INC., FOR THE LANNIE LIFT STATION IMPROVEMENTS, WASTEWATER MODEL AND TARGETED STRATEGIC PLAN PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED FORTY-SIX THOUSAND SIX HUNDRED SIXTY-SEVEN AND 401100 DOLLARS ($1,146,667.40); 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 Consulting Services Agreement with Carollo Engineers Inc., for the Lannie Lift Station Improvements, Wastewater Model and Targeted Strategic Plan 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 Carollo Engineers Inc., in an amount not to exceed ONE MILLION ONE HUNDRED FORTY-SIX THOUSAND SIX HUNDRED SIXTY-SEVEN AND 40/I00 DOLLARS ($1,146,667.40) 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 (25%). 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 affirmative vote of the City Council of the City of Baytown this the 1211,day of August, 2021. &"DONCAPETILLO, Mayor AT T: ppYTO. 6••••00•0 •• T • i �o • ANGELA J KS laiteri Clr • s APPROVED AS TO OF KA L. RNER, City Attorney RAKaren I(DmcrlbocumenlsTfleslCity Counci1\0rdinanecsL621`.Augw1 121CarolloEngincersPSA3LannicLi(iSrationlmpmvcmcntsWastuwatcrModcl&TurgctcdSirategicPlanProjecr.doee Exhibit "A" AGREEMENT FOR CONSULTING SERVICES STATE OF TEXAS COUNTY OF HARRIS This Agreement (this "Agreement") entered into by and between Carollo Engineers (hereinafter "Consultant") and the City of Baytown, a home-rule municipality located in Harris and Chambers Counties, Texas (the "City"). 1. Scope of Services/Consultant Fees This Agreement authorizes Consultant to perform consulting services for the Lannie Lift Station Improvements & Wastewater Model and Targeted Strategic Plan Project (the "Work") for and on behalf of the City. The scope of the Work is detailed in Exhibit "A." The compensation and professional fees for Consultant and its subconsultants is more particularly described in Exhibit "B" and shall not exceed ONE MILLION ONE HUNDRED FOURTY-SIX THOUSAND SIX HUNDRED SIXTY-SEVEN AND 40/100 DOLLARS ($1,146,667.40). The time schedules for the Work are specified in Exhibit "C." Each of these Exhibits "A" through "C" are incorporated into this Agreement by reference for all purposes. 2. Compensation and Professional Fees a. The City shall pay Consultant in installments based upon monthly progress reports and detailed invoices submitted by the Consultant based upon the following: 1. Design Phase Services (Lump Sum).............................................$1,068,623.00 2. Bid Phase Services (Hourly Not to Exceed)......................................$20,294.00 3. Construction Phase Services (Hourly Not to Exceed).......................$57,750.40 4. Additional Services (Lump Sum) ....................................... ..$0.00 ..................... (These services require independent and specific advance,written authorization) 5. Reimbursable Expenses (Not to Exceed)....................................................$0.00 6. Total .............................................................................................$1,1461667.40 b. For an agreed contract amount identified as "Lump Sum," "Not to Exceed" and "Reimbursable," Consultant shall not exceed the fixed contractual amount without written authorization in the form of a Contract amendment. C. Reimbursable Expenses, as shown in Exhibit "B" are itemized by work category. Reimbursable Expenses shall be invoiced AT COST, without subsequent markup by Consultant. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per allowable category. (1) Allowable reimbursable Expenses include: (a) Hard copy reproductions, copies, and/or binding costs; (b) Postage; Agreement for Consulting Services, Page 1 (c) Mileage, for travel from Consultant's local office (within a 25-mile radius)to meetings the City or job-site. Mileage shall be charged at the current IRS rates; (d) Travel Expenses, mileage from local office to State or federal regulatory agency office beyond 100miles; and (e) Lodging expenses for destinations beyond 100 miles from Consultant's local office AND when business hours exceed eight hours within one business day OR when Consultant's services require more than one eight-hour day at the destination; provided such expenses has been approved in writing by the City. (2) Disallowed Expenses include travel expenses for professional expertise traveling into the Greater Houston Area from Consultant's office outside the Greater Houston Area. d. Consultant shall invoice based upon total services actually completed during the applicable month. Invoices and all required or requested backup information shall be tendered no more often than once a month. Consultant shall not invoice the City for services or expenses that were incurred more than sixty (60) days before the date of the invoice. Failure to timely invoice the City for services or expenses shall result in Consultant's invoice being denied. e. In the event of a disputed or contested invoice, the City may withhold from payment that portion so disputed or contested, and the undisputed portion will be paid. 3. Personnel of Consultant a. Consultant's Project Manager Consultant shall designate Meera Victor, 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 the City's Representative. b. Licensed and Registered Architects/Engineers Consultant shall keep a full-time registered architects and/or engineers licensed in the State of Texas on staff and assigned to the Work for the duration of its performance of the Work. C. Data on Consultant's Employees Prior to commencement of the Work,Consultant shall forward to the City a detailed resume of the personnel that will be assigned to the Work. Such personnel shall include, but not be limited to, architects and/or engineers as applicable. d. Rejection of Consultant's Employees The City reserves the right to approve or reject from the Work any employees of Consultant. Agreement for Professional Services,Page 2 4. Designation and Duties of the City's Representative a. The City's Director of Public Works and Engineering or his designee shall act as the City's Representative. b. The City's Representative shall use his best efforts to provide nonconfidential City records for Consultant's usage on the Work and to provide access to City's property and easements. However, the City does not guarantee the accuracy or correctness of the documents so provided. Notwithstanding the foregoing, 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. 5. Standards of Performance a. Consultant shall perform all services under this Agreement with the care and skill ordinarily used by members of Consultan'ts profession practcing under the same or similar circumstances, time and locality. Opinion of probable cost shall be based upon the Consultant's experience and represents its professional judgment as an experienced and qualified professional. Each submittal of opinion of probable cost shall be commensurate with the project design. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and the City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation. b. Codes and Standards (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 specified on any City project shall be in accordance with City, ASTM, ACI, and AASHTO specifications, and with other recognized standards. Proprietary material or other materials for which no generally recognized standards exist may be used provided there has been at least five Agreement for Professional Services, Page 3 years of proven experience in the field, and such satisfactory documentation has been approved by the City'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 and shall comply Texas Department of Licensing and Regulation's rules and regulations, including the Texas Accessibility Standards. (5) The codes and standards used in the profession set forth minimum requirements. These may be exceeded by the Contractor or Consultant if superior methods are available for successful operation of equipment and/or for the construction project on which the Work is performed. Any alternative codes or regulations used shall have requirements that are equivalent or better than those in the above listed codes and regulations. Consultant shall state the alternative codes and regulations used. (6) Consultant agrees the services it provides as an experienced and qualified architect/engineer will reflect the professional standards, procedures and performances common in the industry for this project. Consultant further agrees that any analysis, reports, preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel and the performance of other services under this contract will be pursuant to the standard of performance common in the profession. (7) Consultant shall promptly correct any defective analysis caused by Consultant at no cost to City. The City's approval, acceptance, use of or payment for all or any part of Consultant's services hereunder or of the Work itself shall in no way alter Consultant's obligations or the City's rights under this Agreement. As applicable,Consultant shall provide the City with record "as-built" drawings relating to the Work, in an electronic format that is acceptable to the City. City shall be in receipt of record drawings, if applicable, prior to final payment. (8) Consultant has no control over the cost of labor, materials, equipment or services furnished by others, other than its subconsultants. Data projections and estimates are based upon Consultant's opinion based on experience and judgment. Consultant cannot and does not guarantee that actual costs and/or quantities realized will vary from the data projections and estimates prepared by Consultant. (9) Consultant shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software versions used shall be compatible to current City standards. Other support documents for example structural calculations, drainage reports and geotechnical Agreement for Professional Services, Page 4 reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the City in PDF/TIF format. 6. Schedule Consultant shall not proceed with the Work or any stage thereof until written notice to proceed is provided by the City's Representative. Consultant's obligation to render services specified in Exhibit B will be for the entire period necessary for the final completion of the construction of the Work. If the Consultant contributes to any delay in the schedule, Consultant will have no right to seek and shall not be entitled to any additional compensation. 7. Instruments of Service Upon execution of this Agreement, Consultant grants to the City an ownership interest in the Instruments of Service. Consultant shall obtain similar interests from the City and Consultant's consultants consistent with this Agreement. As noted in Articles 5& I I,Consultant shall be required to tender to City all Instruments of Service. With such ownership interest, it is expressly understood by the parties hereto that the City may use the Instruments of Service for any purposes which the City sees fit, including,but not limited to, subsequent construction, reconstruction,alteration, and/or repairs of the Project. As a condition to the City's use of the Instruments of Service, the City hereby expressly agrees to remove Consultant's name and all references to Consultant and its consultants from the Documents. Provided that this Agreement is not terminated for cause by the City, the City shall release any and all claims which the City could make arising out of or in connection with any reuse of the documents by the City. 8. Insurance Consultant shall procure and maintain at its sole cost and expense for the duration of the Agreement, insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, volunteers, employees or subconsultants. a. Consultant's insurance coverage shall be primary insurance with respect to the City, its officials, employees and agents. Any insurance or self-insurance maintained by the City, its officials, employees or agents shall be considered in excess of Consultant's insurance and shall not contribute to it. Further, Consultant shall include all subconsultants,agents and assigns as additional insureds under its policy or shall furnish separate certificates and endorsements for each such person or entity. All coverages for subconsultants and assigns shall be subject to all of the requirements stated herein. The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: 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 Agreement for Professional Services, Page 5 ■ Fire Damage $500,000 ■ Waiver of Subrogation required. ■ Coverage shall be broad form. ■ No coverage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance. 2. Business Automobile Policy ■ Combined Single Limits: $1,000,000 ■ Coverage for"Any Auto" ■ Waiver of Subrogation required. 3. Errors and Omissions ■ Limit: $1,000,000 for this project. ■ For all architects, engineers, and/or design companies ■ Claims-made form is acceptable ■ Coverage will be in force for one (1) year after completion of the Project. 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, 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 Errors and Omissions Policies required herein. 6. Upon request and without cost to the City, certified copies of all insurance policies and/or certificates of insurance shall be furnished to the City. Agreement for Professional Services, Page 6 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 Consultant. Consultant shall provide copies of insurance policies and endorsements required hereunder to the City on or before the effective date of this Agreement. 9. Indemnification and Release CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO AS THE "CITY") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE PROFESSIONAL OR THE CONSULTANT'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE CONSULTANT EXERCISES CONTROL (COLLECTIVELY CONSULTANT'S PARTIES). IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH CONSULTANT AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONSULTANT TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF CONSULTANT'S PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE AS WELL AS THE CONSULTANT'S PARTIES' INTENTIONAL TORTS, INTELLECTUAL PROPERTY INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT Agreement for Professional Services, Page 7 IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF ANY PERSON OTHER THAN THE CONSULTANT'S PARTIES. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY FROM WHICH THE CITY IS INDEMNIFIED, CONSULTANT FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS AGREEMENT. By this Agreement, the City does not consent to litigation or suit, and the City hereby expressly revokes any consent to litigation that it may have granted by the terms of this Contract or any other contract or agreement, any charter, or applicable state law. Nothing herein shall be construed so as to limit or waive the City's sovereign immunity. Consultant assumes full responsibility for its services performed hereunder and hereby releases, relinquishes and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with Consultant's services to be performed hereunder. This release shall apply with respect to Consultant's services regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. 10. Subcontractors and Subconsultants Consultant shall receive written approval of the City's Representative prior to the use of any subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or subcontractors shall be given to the City before execution of such contracts. 11. Termination of Consultant The City, besides all other rights or remedies it may have, shall have the right to terminate this Agreement without cause upon written notice from the City Manager to Consultant of the City's election to do so. Furthermore, the City may immediately and without notice terminate this Agreement if Consultant breaches this Agreement. A breach of this Agreement shall include, but not be limited to, the following: (a) failing to pay insurance premiums, liens, claims or other charges; (b) failing to pay any payments due the city, state, or federal government from Consultant or its principals, including, but not limited to, any taxes, fees, assessments, liens, or any payments identified in this Agreement; (c) the institution of voluntary or involuntary bankruptcy proceeding against Consultant; (d) the dissolution of Consultant; Agreement for Professional Services, Page 8 (e) refusing or failing to prosecute the Work or any separable part, with the diligence that will ensure its completion within the tithe specified in this Agreement; (f) failing to complete Work within the time period specified in this Agreement; and/or (g) the violation of any provision of this Agreement. Upon delivery of any notice of tennination required herein, Consultant shall discontinue all services in connection with the performance of the Agreement. Within ten (10) days after receipt of the notice of termination,Consultant shall submit a final statement showing in detail the services satisfactorily performed and accepted and all other appropriate documentation required herein for payment of services. At the same time that the final statement is tendered to the City, Consultant shall also tender to the City's Representative all of Consultant's instruments of service, including all drawings, special provisions, field survey notes, reports, estimates, and any and all other documents or work project generated by Consultant under- this Agreement, whether complete or not, in an acceptable form and format together with all unused materials supplied by the City. No final payment will be made until all such instruments of service and materials supplied are so tendered. If this Agreement is terminated for cause, Consultant shall be liable for any damage to the City resulting therefrom. This liability includes any increased costs incurred by the City in completing Consultant's services. The rights and remedies of the City in this section are in addition to any other rights and remedies provided by law or under this Agreement. 12. Records Within ten days of the City's request and at no cost to the City, the City will be entitled to review and receive a copy of all documents that indicate work on the Project that is subject to this Agreement. 13. Supervision of Consultant Consultant is an independent contractor and the City neither reserves nor possesses any right to control the details of the Work performed by Consultant under the terns of this Agreement. 14. Billing The City shall have thirty (30) days to pay Consultant's invoices from the date of receipt of such invoices and necessary backup information. All invoices must identify with specificity the work or services performed and the date(s) of such work or services. In the event of a disputed or contested invoice, the parties understand and agree that the City may withhold the portion so contested, but the undisputed portion will be paid. Consultant shall invoice the City for work performed no more than once a month and may not invoice the City for work not performed. Invoices shall be received by the City no later than sixty calendar(60)days from the date Consultant and/or its subconsultants perform the services or incur the expense. Failure by Consultant to comply with this requirement shall result in Consultant's invoice being denied and the City being relieved from any liability for payment of the late invoice. Agreement for Professional Services, Page 9 15. Indebtedness. If Consultant, at any time during the term of this Agreement, incurs a debt, as the word is defined in section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately notify the City's Director of Finance in writing. If the City's Director of Finance becomes aware that Consultant has incurred a debt, the City's Director of Finance shall immediately notify Consultant in writing. If Consultant does not pay the debt within 30 days of either such notification,the City's Director-of Finance may deduct funds in an amount equal to the debt from any payments owed to Consultant under-this Agreement, and Consultant waives any recourse therefor. 16. No Boycott Israel. Consultant 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. 17. Reputation in the Community Consultant shall retain a high reputation in the community for providing professional architectural/engineering services. Consultant shall forward a copy of any current petition or complaint in any court of law which (a) asserts a claim for$50,000 or more for errors or omissions in providing architectural/engineering services and/or (b) seeks to deny Consultant the right to practice architecture/engineering or to perform any other services in the state of Texas. 18. Payroll and Basic Records a. Consultant shall maintain payrolls and basic payroll records during the course of the work performed under this Agreement and shall preserve them for a period of 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. Consultant shall make the records required to be maintained under the preceding subsection(a) of this section available at no cost to the City for inspection, copying or transcription or its authorized representatives within fifteen days of the City's request therefor. Consultant shall permit such representatives to interview Consultant's employees during working hours on the job. 19. Governing Law This Agreement has been made under and shall be governed by the laws of the state of Texas. The parties further agree that performance and all matters related thereto shall be in Harris County, Texas. Agreement for Professional Services, Page 10 20. Notices Unless otherwise provided in this Agreement, any notice provided for or permitted to be given must be in writing and delivered in person or by depositing same in the United States mail,postpaid and registered or certified, and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party. Notice deposited in the mail as described above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of three (3) days after it is so deposited. For the purpose of notice, the addresses of the parties shall be as follows unless properly changed as provided for herein below: For the City: CITY OF BAYTOWN Attn: City Manager P. O. Box 424 Baytown, Texas 77522-0424 For Consultant: Carollo Engineers Attn: Meera Victor, P.E. 10375 Richmond Avenue, Ste. 1625 Houston, TX 77042 Each party shall have the right from time to time at any time to change its respective address and each shall have the right to specify a new address, provided that at least fifteen (15) days' written notice is given of such new address to the other party. 21. No Third-Party Beneficiary This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit Consultant and the City only. No person or entity not a signatory to this Agreement shall be entitled to rely on Professional's performance of its services hereunder, and no right to assert a claim against Professional by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Professional's services hereunder. 22. No Right to Arbitration Notwithstanding anything to the contrary contained in this Agreement, the City and Consultant hereby agree that no claim or dispute between the City and Consultant arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. Agreement for Professional Services, Page 1 1 23. Waiver No waiver by either party to this Agreement of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 24. Complete Agreement This Agreement represents the entire and integrated agreement between the City and Consultant in regard to the subject matter hereof and supersedes all prior negotiations, representations or agreements,either whether written or oral,on the subject matter hereof. This Agreement may only be amended by written instrument approved and executed by both of the parties. The City and Consultant accept and agree to these terms. 25. No Assignment Consultant may not sell or assign all or part interest in this Agreement to another party or parties without the prior express written approval of the City Manager of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City. 26. Headings The headings used in this Agreement are for general reference only and do not have special significance. 27. Severability All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 28. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 29. Authority The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. 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 , 2021, the date of execution by the City Manager of the City of Baytown. CITY OF BAYTOWN RICHARD L. DAVIS, City Manager Agreement for Professional Services, Page 12 ATTESI' ANGEI-A JACKSON,interim Cih' Clerk APPROVED AS TO FORM: KAREN L. HORNER.Cite Attorney CONSULTANT: Carollo Engineers (Compan)' Name) C -- A-44 (Signature) Meera Victor Scott Hoff (Printed Namc) Vice President Sr. Vice President STATE OF TEXAS § (Title) COUNTY OF HARRIS § Before me on this day personally appeared Meera Victor in his/her capacity as Vice President of , Carollo Engineers , on behalf of such corporation/other, 0 known to mc; ❑ 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 slate 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 12� August 2021 Notary Public in and for dte State of exas'<LnFS(III,apY{;nmf�n�F'rynnemryrfrypnwilry�/�prun�mU�Fmm llhnAyreeiml . 4 EDNA MAURY fe Ammamt for No 'sionel servic' ,Pagc 13 + 1, Notary to 06443743 My Commission Eapir" hr January 29,2024 EXHIBIT A SCOPE OF WORK Background The City of Baytown (City) is seeking the help of a consulting engineer to rehabilitate the Lannie lift station(LS), develop a citywide wastewater-collection system hydraulic model, and develop a strategic plan for the Northeast and East wastewater treatment plant services areas. The key elements of the Strategic Plan will be to collect current data on flows, develop an updated model to simulate the peak flows during design storms, and to evaluate and determine areas of the system that need improvement over the next ten years. Scope of Services The Consultant will provide the following services to support the project. Task A—Project Management Project management will be conducted under this task. This includes managing the project team, coordinating with subconsultants, managing the scope of work, and project meetings. Task A.1 —Project Administration Consultant will administer the project to maintain project schedule and budget. The project progress and budget status will be included in monthly progress reports that will be attached to billing invoices. Additionally, the monthly progress reports will include a list of work completed for the time period, meeting minutes for all meetings held during the time period, and an updated decision log. a. Prepare and administer subcontracts with Consultant team members. b. Manage the project team to track time and budget, work elements accomplished, work items planned for the next period, manpower, scope changes, time and budget needed to complete the project. c. Prepare monthly project progress reports to accompany each monthly invoice; identify accomplishments for the month, planned work next month, and identify current or potential problems or changes.The reports will also include a narrative describing progress measured against budget and schedule. In the event of schedule or budget lag, the report will indicate a plan to get the project in line with the schedule and budget. d. Create and maintain a working project schedule based on the schedule in the PMP. Task A.2—Project Meetings and Workshops Consultant will conduct a project Kickoff Meeting as well as 9 project workshops. The kickoff meeting with City staff will be to discuss the project objectives,communication protocols, review project, and summarize key project milestones and deliverables. The kickoff meeting will be held at the City's offices and will include Consultant's key project staff and subconsultants. The proposed list of Project Meetings/Workshops include: l. Lannie LS Preliminary Engineering Report Review Workshop 2. Lannie LS 60% Design Review Workshop 3. Lannie LS 90% Design Review Workshop 4. Lannie LS Prebid Meeting 5. Flow Monitoring Plan Workshop PAGE 1 of 1 l pw: ConsultantiDocuments'Client'NV Reno/_Proposals\Northwest Model Development Scope.docx 6. Model Review and Flow Monitoring Workshop 7. Proposed Improvement Workshop 8. Strategic Plan Review Workshop 9. Draft Report and Model Training Workshop The City or Consultant reserves the right to combine workshops as necessary for efficiency in project delivery. Some workshops could be virtual meetings. Task A.3—Quality Assurance and Quality Control This task includes the activities associated with Quality Assurance and Quality Control (QA/QC). Consultant's QA/QC protocols will include but not be limited to review of all model data, GIS, flow analysis,project deliverables, model calibration, capacity analysis, flow projections, and other elements of the project. QA/QC will be conducted by senior members of Consultant's team or other Consultant team members as necessary. Task A Deliverables: • Draft and Final PMP • Eighteen(18) monthly progress reports • Preliminary schedule • Meeting agendas and notes Task B—Lannie LS Improvements Task B.1 —Data Collection Consultant will submit a data request to the City for information related to the existing lift station, including record drawings, lift station, operations and maintenance data, service area limits, sanitary sewer overflow documentation, and other information required to complete the preliminary design. Task B.1.1 -Survev This task includes topographic and boundary professional surveying services. Establish horizontal and vertical controls. Horizontal control shall be based on the Texas State Plane Coordinate System, North Central Zone North American Datum NAD-83 Coordinates. Vertical control shall be based on North American Vertical Datum NAVD-88. Benchmarks shall be set per City primary control. Provide surveying services to obtain field information related to the lift station site. A base map will be prepared, which will include surface features (including existing pavement, driveways, manholes, junction boxes, culverts,guardrails, vaults,water valves, water meters, telephone and power poles, utility markers, signs, trees,buildings, retaining walls, fences, flowlines, manholes and utility structures), elevations,easements, rights-of-way, and property boundaries. Task B.1.2- Geotechnical This task includes the geotechnical field services and investigation for recommendations on soil conditions and proposed improvements. Provide for and coordinate geotechnical investigation at lift station site. The boundary of this investigation will be the existing lift station parcel boundaries. Geotechnical field services will include one boring to a depth of 60 feet with continuous sampling. Prepare a report, containing recommendations regarding subsurface conditions, geologic features, excavation considerations,anticipated settlement, compaction, foundation, fill and trench protection requirements for any new subsurface construction. Provide three copies of geotechnical investigation report and one(1)electronic pdf format copy to City. s. Page 2 of l 1 Task B.1.3—Environmental Perform Phase I ESA for the lift station site. Task B.2—Neliniinaiy Engineering Repo►•t Consultant will complete a Preliminary Engineering Report for the lift station and document the findings and recommendations. The report will include establishing existing site conditions, site and flood mitigation evaluation,existing wet well structural evaluation, identification of deficiencies, preliminary civil and mechanical design, hydraulic calculations, existing utility research, constructability concerns, construction schedule,opinion of probable construction cost, and pennitting requirements. A draft version of the Preliminary Engineering Report will be provided to the City for review and comments. Upon City review comments being received, Consultant will consolidate and prepare written responses to the City and submit final formal report. Task B.2 Deliverables: • Draft and Final Preliminary Engineering Report o Concept-level Drawings o Specifications—Table of Contents o Opinion of Probable Construction Cost (AACE Class 5) o Preliminary Schedule • Draft Geotechnical Report • Draft Phase 1 Environmental Site Assessment • Submittal Checklist • Tabulation/Summary of existing Utilities and identification of potential/Conflicts Assumptions • The structural evaluation of the existing facility will be based on a visual inspection. • The scope assumes rehabilitation of the existing facility. • The scope includes a review of the capacity of the existing 12-inch force main and recommendations on future needed improvements to the force main. Task B.3—Final Design On the basis of the approved Preliminary Engineering Report, Consultant will prepare 60%, 90%, and 100%general,civil, structural, mechanical, electrical, and instrumentation construction drawings and technical specifications as required to provide a Final Design package for the Project. If additional services are necessary, the Consultant will submit a scope of work and level of effort for the City's consideration and written approval prior to performing such services. 1. Prepare technical construction specifications using Consultant's standard technical specifications. Divisions 00 and 01 will be based on the City standard specifications. The geotechnical field data and report will not be part of the contract documents, and will be included as a reference information,only. 2. Consultant will respond to review comments and advance the 60%, 90%and 100% design documents accordingly. Following each review, the City will provide a single set of comprehensive review comments. 3. Based on the drawings, specifications,and the design review workshops, Consultant will prepare 60%, 90%, and 100%OPCCs for construction of the Project. The OPCCs will be prepared in accordance with American Association of Cost Engineering(AACE) International standards. Page 3 of I 1 4. Consultant will assist with the identification and applications for permits and approvals required for construction and will coordinate with: a. Texas Commission on Environmental Quality b. Harris County Flood Control c. Centerpoint Gas d. Centerpoint Electric e. AT&T, Verizon, Comcast 5. Consultant will prepare the bidding documents using the City's standard construction bidding documents (Notice to Bidders, Instructions to Bidders, Bid Forms, Bond Forms,Agreement and General Conditions). The contract documents will include bid set drawings and specifications complete for construction. Task B.3 Deliverables: Submit digital sets of 60%, 90%, and 100% document plans with drawings, specifications, and OPCC. Final bid documents will be submitted in PDF as is suitable for City's Ebid system. • 60/90/100% Drawings • 60/90/100% Specifications • 60/90/100% Opinion of Probable Construction Cost • 60/90/100% Schedule • Final Geotechnical Report • Final Phase 1 ESA • Utility Coordination/Conflict Summary • 60/90/100% Review Comment Responses • Permit and agency coordination summary • 60% Design and Constructability Review Workshop including digital sets of design workshops agenda and minutes. Task B.4—Bid Phase Services Consultant will support the City during bid phase and provide the followings services: 1. Provide electronic copy of bid-ready package to the Project Manager: a. Notice to Bidders(NTB)and list of bid items to the Project Manager in an electronic form appropriate for the electronic procurement. The City is responsible for advertising and coordination with newspapers. The City is responsible for uploading and managing documents for the procurement platform. b. Attend a pre-bid meeting and attend the bid opening. c. Respond in writing to questions from bidders, prepare up to two (2) addenda, and coordinate with City Project Manager as necessary. 2. Review Bids and Make a Recommendation of Award: a. Check for math errors and reconcile mathematical discrepancies. b. Tabulation of bids and Engineer's estimate. c. Review of contractor's financial standing and references. d. Prepare a letter of Recommendation to award. 3. Prepare conformed construction documents, which will include the following: a. Provide PDFs of the "Issued for Construction" Conforming Drawings and Specifications to the OWNER. b. Print two(2) full-size sets "Issued for Construction" Conforming Drawings and Specifications to Contractor upon award of contract. Page 4 of l 1 c. Print two(2) half-size sets "Issued for Construction" Conforming Drawings for City's use. d. Attend City Council meeting for recommendation for award of Construction Contract. Task B.4 Deliverables: • Recommendation of Award Letter • Conformed Drawings and Specifications Task B.5—Engineering Services during Construction (Construction Administration) Upon successful completion of the Bid Phase, and upon written authorization from the City, the Consultant will: 1. Prepare for and attend pre-construction meeting to provide information& answer questions. 2. Attend up to twelve(12) monthly progress meetings with Construction Manager, Contractor. 3. Review&comment on Constriction's submittals, Requests for Information(BFI's),and Change Orders (COs) including coordination with Construction Manager. 4. Provide interpretive guidance for Contractor, City's Construction Manager in resolution of problems. 5. Review all service provider submittals for compliance with construction contract documents and provide recommendations to the City. 6. Provide on-site supervision and oversight of construction activities at a minimum on a bi- monthly basis or as directed by the City. 7. Attend substantial completion inspection with two staff. Coordinate with City Staff to review progress of work for Substantial Completion; with production of punch list; substantiation that items are completed; and issue Certificate of Substantial Completion. 8. Attend final completion inspection with two staff and issue letter to City recommending acceptance& release of final payment. 9. Provide Record Drawings from Contractor's As-Builts in electronic format. Task B.5 Deliverables: • Record Drawings (electronic format) Task C—Wastewater Hydraulic Model Development Task C.1 —Data Collection and Assessment Consultant will conduct a data collection and initial assessment of the City's collection system as well as for the Lannie LS. This task will consist of two sub-tasks described below. Task C.1.1 —Data Collection and Review Consultant will develop a data collection matrix that lists the data items required for the completion of this project. The Data Collection matrix will be presented and discussed at the project Kickoff Meeting. The matrix will provide a prioritization of key data that should be collected a delivered to Consultant first and other data with lower priorities. The matrix will include columns for assigned City staff responsible, data fonnat preferences, and proposed due dates. The data matrix will be updated by Consultant as data is received. Consultant will review available relevant reports and other data for use in this project, as well as other relevant information including, but not limited to: • GIS data describing wastewater collection system infrastructure • GIS data layers with land use, planning,jurisdictional boundaries, and development infornation Page 5 of 11 • City's General Plan including the land use, zoning, housing, population,and circulation elements • Information on planned developments, recently approved zone changes, master plan amendments, tentative tract maps, adopted neighborhood plans, annexation applications on file with Community Development, and updated projected growth rates • Wastewater utility maps • Data describing flows, lift station operation,and pressures during the field test period • Improvement plans/as-built drawings • Design standards or design manuals for the wastewater system • Wastewater collection system operational data and records • Historical sanitary sewer overflows(SSOs) • Recent constriction unit costs for pipelines, and other relevant infrastructure Task C.1.2—Stu-veving Consultant will contract with a subconsultant to perform field survey to verify sewer system invert, rim, and other associated data related to the wastewater collection system where information deemed critical is missing. The survey will be conducted using a combination of GPS and conventional methods. Assumptions • The budget for surveying is set based on surveying 6% of the manhole inverts. Task C.1 Deliverables: • Data Collection List • Field data reports(pdf) for all surveyed manholes • GIS geodatabase with attribute data and CAD files containing the survey points and as-built data for all surveyed manholes Task C.2—Flow Monitoring and Analysis Consultant will work closely with the City to develop and conduct a flow monitoring program. The monitoring program will consist of twenty(20) temporary flow monitoring sites, three rain gauge locations for a period of one month with an optional extension for another month. The flow monitoring and analysis will include the development of the flow monitoring plan,the implementation of the flow monitoring program, flow data analysis,and the development of a flow monitoring report. Task C.2.1 —Develop Floit,Monitoring Platt Consultant will work closely with the City to develop a Flow Monitoring Plan. The flow monitoring plan will include recommendations on flow monitoring locations, metering technologies, durations, and proposed metering time frames. The plan will be submitted to the City for comment and review. Consultant will conduct a meeting to review the proposed flow monitoring plan. Task C.2.2—Implement Floty Monito►-ing Program Based on the recommendations from the Flow Monitoring Plan, Consultant will work directly with V&A Consulting Engineers(V&A) to implement the temporary flow monitoring program. V&A will coordinate with City staff related to acquisition of the required pen-nits, and access to the collection system. V&A will install,calibrate,and collect data on regular intervals during the flow monitoring period. V&A will deliver the flow data in electronic format. The monitoring program will consist of twenty(20) temporary flow monitoring sites, and three rain gauge locations for a period of one month, with an option to extend for another month if adequate storm events are not captured in the first month. Page 6 of 11 Task C.2.3—Flow Data Analysis (Dry Weather and Wet Weathei) Consultant will conduct analysis of the flow data collected during the temporary flow monitoring program to summarize dry and wet weather flow data. Consultant will develop charts,graphs and figures to illustrate flow conditions throughout the City's collection system by flow monitoring basin as well as lift station tributary area for the lift stations that received lift station loggers. Infiltration and inflow(1/1) parameters will be developed based on the capture of flows during storm events. Flows captured during storm events will be correlated to intensity, duration, and frequency of the observed storm events. Consultant will conduct a workshop to review the flow data collected as part of the temporary program. Task C.2.4—Flow Monitoring Report Consultant will work with V&A to develop draft and final flow monitoring reports. The report will summarize the flow monitoring locations, metering methods and technologies,measured dry and wet weather flows, captured storms, peaking factors, and I/I flow parameters. V&A will submit a Draft report to Consultant for review and comment. The Draft report with Consultant's revisions will be submitted to the City for review. City comments on the Draft report will be incorporated into the Final Report. Task C.2-Deliverables: - Draft and Final Flow Monitoring Plan - Draft and Final Flow Monitoring Report - Electronic Flow Monitoring Data with any photographs taken during installation Task C.3 —Hydraulic Model Development This task includes the development and calibration of the City's wastewater collection system model. Consultant will work with the City to review and evaluate hydraulic modeling software,build the hydraulic model from the City's GIS system, calibrate the model to dry and wet weather flow conditions, develop the selected design storms,and develop a model construction and calibration technical memorandum. Task C.3.1 —Hvdr-aiilic Model Software Selection Consultant will work closely with the City to review and evaluate the City's options for hydraulic modeling software. Consultant will based the review on several factors including but not limited to ease of use, hydraulic engine,GIS compatability, and costs. Consultant will conduct a workshop to discuss the software choices, and discuss the recommended options. Upon the completion of the Task C.3, the City will purchase the software, if needed. Task C.3.2-Hydraulic Model Construction Consultant will use the City's current GIS data, as-built drawings,and discussions with City staff to construct the City's wastewater collection system network for import into the recommended hydraulic modeling software. The collection system network will be discussed with City staff for completeness and accuracy. Consultant will develop system maps for City review and comment. Consultant will work closely with City operations staff to understand and model lift station operational controls and set points. The model will include the City's pipelines. Data gaps in the GIS will be filled through a review of as- built drawings, interpolation, or collaboration and communication with City operations staff. Data fields in the model that were filled through other sources will be noted in the database. Consultant will use water meter billing data to allocate dry weather base wastewater flows into the model at a parcel level to the appropriate manhole, using a multiplier to convert water demand to wastewater flow. Wet weather flows will be developed based on the I/I parameters measured and calculated based on the wet weather flow monitoring data. Page 7 of I l Assumptions will be applied to areas of the model where reasonable, and may include: - Straight-lining pipeline between two known inverts - Assigning invert based on rim elevation and depths - Typical pipe cover for gravity and/or force mains - Diameters assumed based on adjacent/nearby pipe diameters - Typical or average wet well dimensions for smaller pump stations - Ideal pumps for pump stations missing pump curves It is assumed that an all-pipe,all lift station model will be constructed, however, depending on the extent of data gaps in the City's GIS database, and where reasonable assumptions cannot be made or survey by the sub-consultant or City is not possible,there may be some areas within the collection system that are skeletonized. Consultant will conduct a workshop to review the construction of the hydraulic model. Task C.3.3—Hydraulic Model Calibration (Di)) Weather and Wet Weather) Consultant will calibrate the model flows to match flows measured during the flow monitoring program. Dry and wet weather flows will be calibrated to flow, velocities, and levels. Wet weather flows will be calibrated for up to three storm events (assuming three events were captured during the flow monitoring program). Consultant will also calibrate the model to flows measured at the wastewater treatment plants. Consultant will conduct a model calibration workshop to summarize the model calibration effort, calibration results, areas of concern, or operational discussion items. Consultant will develop model calibration results packets for distribution to City staff at a workshop conducted by the Consultant team. Task C.3.4—Design Storm Developnent Consultant will use National Oceanic and Atmospheric Administration(NOAA)Atlas 14 to develop a recommended design storm for use in the analysis of the capacity of the wastewater collection system. The recommended design storm will include intensity, duration,and frequency as well as recommendations on the hourly distribution of rainfall (hyetograph). Task C.3.5—Model Development and Calibration Technical Memorandtun Consultant will develop a technical memorandum(TM)that summarizes the development and calibration of the hydraulic model.The memo will summarize model elements, model construction methods, model element statistics, flow allocation, design storm development, and dry and wet model calibration. Consultant will submit a Draft TM for City comment and review. City comments will be incorporated into the Final TM. Task C.3.6—Hvdraulic Model Training Consultant will provide up to two 8-hour day of training for City staff on the hydraulic model software (to be determined in Task 3.1). Consultant will provide handouts to be used during the training. Assumptions • The scope does not include supply of software licenses. • If portions of the collection system do not have sufficient data to create a complete model, then a skeletonized model will be constructed in that area. Task C.3 -Deliverables: - Model software selection recommendations - System configuration figures and summaries - Model calibration spreadsheets for both dry and wet conditions - Documentation supporting Design Storm Development Page 8 of 11 - Draft and Final Model Development and Calibration Technical Memorandums - Modeling shapefiles - Hydraulic model training materials/handouts Task CA— System Performance Evaluation and Capital Improvements Plan Development Task 4 involves the development of planning criteria,analysis of the existing system capacity, analysis of the impact of future flows on the existing collection system, and the development of projects to mitigate those deficiencies. Task C.4.1 —Land U.se Analysis and Flow Balance Consultant will review relevant planning documents related to land use, growth projections, and planned developments. Based on this review, the land use categories and acreage will be updated and used to determine existing and buildout wastewater flow projections. Existing wastewater flows(from the City's permanent flowmeters and the temporary flow monitoring program) and water billing data will be compared to existing land use to develop existing wastewater flow factors for each land use type (including residential,commercial, and industrial). The wastewater flow data will also be compared to the existing population to determine the per capita flow rate for each WWTP service area. Task C.4.2— Wasteivater Flow Projections Consultant will coordinate with City staff on major developments that will be included in the future model scenarios, and will reach out to local developers to gain an understanding of growth plans,per the City's direction. The wastewater flow factors and per capita rates will be used to project the ultimate buildout wastewater flow for each W WTP service area. Task C.4.3—Review Design Standai-d s and Recommend Planning Criteria This task defines the methodologies for evaluating the sewer systems for sizing the proposed improvements, and for developing the capital projects. Consultant will review the City's existing design standards for sewer collection and recommend criteria to be used to evaluate the collection system performance. Task C.4.4—Existing and Future Svsteni Analysis Consultant will use the calibrated hydraulic model, in conjunction with the criteria developed in Task 4.3 to evaluate the capacity of the existing wastewater collection system. Deficiencies in the existing system will be identified. The future system scenarios will be developed. Future system analysis will be conducted, and the existing system deficiencies will be sized to accommodate future system flows. Improvements needed to serve future users will also be identified. Consultant will conduct an analysis of the pumping capacity of the City's existing lift stations. Consultant will conduct the capacity evaluation based on the firm capacity of the City's lift stations. Consultant will review basins identified with high I/I for potential causes of 1/1 including a history of repairs, and pipe age and material and identify I/1 reduction strategies. Task C.4.5—Develop Capital Improvement Plait TM Based on the analysis conducted in the above tasks, Consultant will define the requisite condition-related and capacity-related capital improvement projects to serve existing and future users. Consultant will focus improvements on optimizing and combining capital projects where appropriate. A trigger analysis will be performed for each capacity improvement to quantify the additional flows that trigger the deficiency. Future projects will be prioritized based on the trigger analysis as well as the age of existing infrastructure. Planning level cost estimates will also be provided for the recommended improvements. Consultant will develop planning level cost estimates for all recommended projects using costs provided in other planning efforts. Page 9 of l l Consultant will develop Class 5 planning level cost estimates for proposed existing and fixture projects. The American Association of Cost Estimating(AACE) defines cost estimates in accordance with understood accuracy. AACE Class 5 cost estimates are planning level cost estimates with an accuracy of- 20 to-50%, and+30 to+100 percent. The costs will be broken down by baseline construction and total project costs. Consultant will work with the City to identify required cost contingencies for unknown conditions, engineering, legal and administration or other-factors. The cost estimates will also include a determination of existing and fiiture users cost allocations. Consultant will conduct a project workshop to review the simulated deficiencies and identified capital projects. Assumptions • Capacity-related capital improvement projects will be identified to serve existing and future flows. Consultant will define the design flow, nominal pipe size, and recommended location. A separate project by others will be required to determine the exact routing and refine the pipe size based on the selected routing. • Condition-related capital improvement projects will be identified by sewershed. Sewersheds with a high calculated I/I contribution will be flagged with a recommended budget for a Sanitary Sewer Evaluation Survey(SSES) to be conducted by others. Consultant will also provide a planning-level budget for anticipated sewershed rehabilitation, with that CIP to be refined by the findings of the SSES. • Capital improvement projects will address wet-weather capacity deficiencies or excessive I/I. This study will not develop capital improvement projects or operational changes to address dry- weather SSOs. Task CA- Deliverables: - Draft planning and analysis criteria summaries - System figures illustrating the existing and future capacity deficiencies and proposed projects - Draft Capital Improvement Technical Memorandum - Final Capital Improvement Technical Memorandum Task D—Strategic Plan Preparation Based on the existing and future flow projections as identified in Task C.4.2 for both the East and Northeast Services areas, Consultant will develop evaluate two scenarios— 1.) Expand the existing WWTP 2.) Build a potential new WWTP north of I-10. Task D.1 —E.visting JJ,7VTP E.Ypansion Consultant will summarize the current and projected regulatory requirements for the WWTP. This includes TCEQ Chapter 217 design criteria, biosolids stabilization and disposal, and effluent limits. Consultant will perform a table-top review and prepare a conceptual site layout and preliminary cost estimate for expanding the existing treatment process at the WWTP. Consultant will identify any collection system sewer pipes to be sized for the appropriate design flow. Consultant will develop a CIP Schedule and cost estimate for future expansions of the existing interceptors and lift stations/ force mains serving the WWTP. Task D.2—Potential New WWTP North of'I-10 Consultant will summarize the current and projected regulatory requirements for the WWTP. This includes TCEQ Chapter 217 design criteria, biosolids stabilization and disposal, and effluent limits. Page 10 of I l Consultant will perform a table-top review and prepare a conceptual site layout and preliminary cost estimate for a potential new WWTP. Consultant will identify any collection system sewer pipes to be sized for the appropriate design flow. Consultant will develop a CIP Schedule and cost estimate for future expansions of the existing interceptors and lift stations/force mains serving the new WWTP. Task.D.2—Develop Strategic Plan Report The Draft Strategic Plan report will summarize the methods, findings, and recommendations from Task 1 through Task 4. Consultant will subunit the Draft Report to the City for review.Two weeks is allocated for City review of the Master Plan Report. Consultant will incorporate the City's comments into the Final Master Plan Report. Consultant will conduct a project meeting to discuss the Draft Report, its findings and recommendations, and any required changes at a project meeting. Consultant will develop the Final Master Plan Report based on the comments on the Draft report and any discussion items from the Draft Report Workshop. Consultant will submit electronic copies of the Final Master Plan Report as well as five hard copies. Task D-Deliverables: - Electronic copy of the Draft Strategic Plan Report - Electronic copy of the Final Strategic Plan Report - Electronic copy of the final hydraulic model Page 1 l of 11 Exhibit B Level Of Effort Summary by Task Tasks Subtotals DESIGN SERVICES $ 1,068,622.60 TASK A-Project Admistralion Services $ 71,303.20 TASK B-Lannie LS Improvements(Design Engineering Services) $ 302,782.10 TASK C-Wastewater Hydraulic Model $ 451,006.10 -Optional Additional Monitoring $ 51,580.80 TASK D-Targeted Strategic Plan $ 191,950.40 BID PHASE SERVICES $ 20,294.40 CONSTRUCTION ADMINISTRATION $ 57,750.40 TOTAL PROJECT $ 1,095,086.60 TOTAL PROJECT w/ADDITIONAL MONITORING $ 1,146,667.40 ` /\ 33/2\QG//Q; Q | \\ \ \\2/ � .... .............. ..................... .. . . . . ay . . . a . . . � . . . . . . . . ! .... ...11,.,.....! ..................... .. . . | . . . . | s8 0222\\\ . .... .............. ................. ... .. !! •; „ .,.. ...,.,E,!! ,r� •= �=� _ll,,=.,,,r,§ =! . _ . . ... . . ..... . . .... .\; a—, wawFIE e�, eeea .. . ! \iea e... . { )|| .. .. .... . . . .. .. .. . . ... . . ... .. ... ... ■ ,. .. ,,.. - ! , ill ) a | /| 99 + . . .wa � � � . \ - _ ) \\\\( WOW \ ..,.An. 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