Ordinance No. 15,426ORDINANCE NO. 15,426
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO A MASTER SERVICES AGREEMENT WITH THE
GOODMAN CORPORATION FOR GRANT WRITING AND ENGINEERING
SERVICES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-TWO THOUSAND AND
NOi 100 DOLLARS ($172,000.00); 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 Master Services Agreement with The Goodman
Corporation for grant writing and engineering services. A copy of said agreement is attached hereto,
marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to The Goodman
Corporation in an amount not to exceed ONE HUNDRED SEVENTY-TWO THOUSAND AND NO.I100
DOLLARS ($172,000.00) for professional services in accordance with the agreement authorized in Section
1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease or
an increase in costs by FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less.
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 13'' day of April, 2023.
r
epYTO W�, RANDON CAPETILLO, ayor
ST:
ANGELA J KSON, t Ojerk�.
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APPROVED A TO FOC, l—
SCOTT LV10ND, City Attorney
R: Karen Anderson ORDINANCES\2023\2023.04.13\MasterServicesAgreement4GrantWriting&EngineeringServices.docx
EXHIBIT "A"
AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") is entered into by and between The Goodman Corporation
(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
a. This Agreement authorizes Consultant to perform services for to assist in application
development for Infrastructure Investment Jobs Act funds based on the City's Capital
Improvement Projects; which will include Grant Writing, Engineering and Integrated
Services (the "Work") for and on behalf of the City as specified in this paragraph and
the Scope of Work as follows:
(i) Grant Writing Services:
Identify and recommend potential grant opportunities that align with the City's
capital improvement plan.
Develop a grant strategy and timeline that outlines the grant proposal process
and identifies all necessary documentation, deadlines, and requirements.
Assist in submitting grant proposals while ensuring compliance with all funding
agency guidelines and requirements.
Collaborate with project team members and stakeholders to develop project
descriptions, scopes of work, and budget estimates for grant proposals.
Track and report on grant application status, and communicate with funding
agencies as needed. Complete tasks associated with awarded grants including
compliance, procurement, environmental, and grant management services.
(ii) Engineering Services:
Conduct site assessments and field investigations to gather information about
the project site and identify potential design constraints and opportunities.
Develop design concepts, alternatives, and cost estimates for capital
improvement plan projects, when/if needed.
Prepare construction documents, including plans, specifications, and bid
documents, following industry standards and best practices.
Provide construction administration services, including contractor selection, bid
evaluation, and project management during construction.
Ensure compliance with all applicable codes, regulations, and permits, including
environmental and safety regulations.
(iii) Integrated Services:
Collaborate with the grant writing team to ensure that grant proposals align with
engineering design concepts, cost estimates, and timelines.
Identify opportunities to optimize project design and funding strategies to
maximize grant funding opportunities.
C. Develop a comprehensive project schedule integrating grant application deadlines,
engineering design, construction administration, and project closeout activities.
d. Facilitate communication and collaboration between project team members and
stakeholders, including public agencies, private developers, and community groups.
d. This Agreement shall commence on the date of execution by the City Manager and shall
terminate the earlier of: (a) completion of the Work in accordance with this Agreement,
including Exhibits; (b) twenty-four (24) months following execution by the City
Manager; or (c) Termination of this Agreement under Paragraph 10. The City may, at
its sole option, renew this Agreement for up to an additional twenty-four (24) month
term.
e. The Scope of the Work is detailed in Exhibit "A." Exhibit "A" is incorporated into this
Agreement by reference for all purposes.
2. Compensation and Professional Fees
a. The City shall pay Consultant the sum of one hundred seventy-two thousand
($172,000.00) in installments based upon detailed invoices submitted by the Consultant
based on the completion of the Scope of Work specified in Exhibit "A".
b. Consultant shall not exceed the fixed contractual amount without written authorization
in the form of a contract amendment.
Reimbursable Expenses are itemized by work category. Reimbursable Expenses shall
be invoiced AT COST, without subsequent markup by Consultant. All invoices
containing a request for Reimbursable Expenses shall include copies of the original
expense receipts itemized per allowable category.
(1) Allowable reimbursable Expenses include:
(a) Hard copy reproductions, copies, and/or binding costs;
(b) Postage;
(c) Mileage, for travel from Consultant's local office (within a 25-mile
radius) to meetings at the City or jobsite. Mileage shall be charged at the
current IRS rates;
(d) Travel Expenses, mileage from local office to state or federal regulatory
agency office beyond 100 miles; and
(e) Lodging expenses for destinations beyond 100 miles from Consultant's
local office AND when business hours exceed eight hours within one
business day OR when Consultant's services require more than one eight -
hour day at the destination; provided such expenses have been approved
in writing by the City.
(2) Disallowed Expenses include travel expenses for professional expertise
traveling into the Greater Houston Area from Consultant's office outside the
Greater Houston Area.
d. Consultant shall invoice based upon total services actually completed during the
applicable month. Invoices and all required or requested backup information shall be
tendered no more often than once a month. Consultant shall not invoice the City for
services or expenses that were incurred more than sixty (60) days before the date of the
invoice. Failure to timely invoice the City for services or expenses shall result in
Consultant's invoice being denied.
e. In the event of a disputed or contested invoice, the City may withhold from payment that
portion so disputed or contested, and the undisputed portion will be paid.
3. Personnel of Consultant
a. Consultant's Project Manager
Consultant shall designate Monisha Khurana, 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 Engineer
Consultant shall keep 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 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.
d. Rejection of Consultant's Employees
The City reserves the right to approve or reject from the Work any employees of
Consultant.
4. Designation and Duties of the City's Representative
a. Brian Moran, Assistant to the City Manager, shall act as the City's Representative.
b. The City's Representative shall use his or her best efforts to provide nonconfidential City
records for Consultant's use. However, the City does not guarantee the accuracy or
correctness of the documents so provided. Notwithstanding the foregoing, Consultant
shall be entitled to use and rely upon information provided by the City in performing the
services required under this Agreement only to the extent and level specified by the City
in writing for each document provided. Nothing contained herein shall be construed to
require the City to provide such records in any certain format. The format in which the
existing data and documentation will be provided shall be at the sole discretion of the
City.
5. Standards of Performance
a. Consultant shall perform all services under this Agreement with the care and skill
ordinarily used by members of Consultant's profession practicing under the same or
similar circumstances, time and locality. Opinion of probable cost shall be based upon
the Consultant's experience and represent its best judgment as an experienced and
qualified professional. Each submittal of opinion of probable cost shall be
commensurate with the project design.
Consultant shall be responsible for the technical accuracy of its services and documents
resulting therefrom, and the City shall not be responsible for discovering deficiencies
therein. Consultant shall correct such deficiencies without additional compensation.
b. Codes and Standards
i. All references to codes, standards, environmental regulations and/or material
specifications shall be to the latest revision, including all effective supplements
or addenda thereto, as of the date that the requestor for Work is made by the
City.
ii. The Work shall be designed and furnished in accordance with the most current
codes and/or standards adopted by city, state, or federal government or in general
custom and usage by the profession and shall comply with Texas Department of
Licensing and Regulation's rules and regulations.
iii. The codes and standards used in the profession set forth minimum requirements.
These may be exceeded by the 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.
iv. Consultant agrees the services it provides as an experienced and qualified Add
type of business 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 Agreement will be pursuant to the
standard of performance common in the profession.
V. 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.
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.
7. Insurance
Consultant shall procure and maintain at its sole cost and expense for the duration of the Agreement,
insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the Work hereunder by Consultant, its agents, representatives,
volunteers, employees or subconsultants.
a. Consultant's insurance coverage shall be primary insurance with respect to the City, its
officials, employees and agents. Any insurance or self-insurance maintained by the City,
its officials, employees or agents shall be considered in excess of Consultant's insurance
and shall not contribute to it. Further, Consultant shall include all subconsultants, agents
and assigns as additional insureds under its policy or shall furnish separate certificates
and endorsements for each such person or entity. All coverages for subconsultants and
assigns shall be subject to all of the requirements stated herein.
The following is a list of standard insurance policies along with their respective
minimum coverage amounts required in this Agreement:
i. Commercial General Liability
■ General Aggregate: $2,000,000
■ Products & Completed Operations Aggregate: $2,000,000
■ Personal & Advertising Injury: $1,000,000
■ Per Occurrence: $1,000,000
■ Fire Damage: $300,000
■ 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.
ii. Business Automobile Policy
■ Combined Single Limits: $1,000,000
■ Coverage for Hired, Non -Owned Autos
■ Waiver of Subrogation required
iii. Errors and Omissions
■ Limit: $1,000,000 for this project
■ Claims -made form is acceptable
■ Coverage will be in force for one (1) year after completion of the Project
■ Waiver of Subrogation required
iv. 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:
i. Insurance carrier for all liability policies must have an A.M. Best Rating of
A:VIII or better.
ii. Only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
iii. Liability policies must be on occurrence form. Errors and Omissions can be on
claims -made form.
iv. 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.
V. 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.
vi. 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.
vii. 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.
viii. 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.
8. Indemnification and Release
CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD
HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
AND EMPLOYEES (HEREINAFTER REFERRED TO AS THE
"CITY") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF
EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR
DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR
FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING
OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE,
INTENTIONAL TORT, INTELLECTUAL PROPERTY
INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR
SUPPLIER COMMITTED BY THE CONSULTANT OR THE
CONSULTANT'S AGENT, CONSULTANT UNDER CONTRACT, OR
ANOTHER ENTITY OVER WHICH THE CONSULTANT
EXERCISES CONTROL (COLLECTIVELY, CONSULTANT'S
PARTIES). IT IS THE EXPRESS INTENTION OF THE PARTIES
HERETO, BOTH CONSULTANT AND THE CITY, THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS
INDEMNITY BY CONSULTANT TO INDEMNIFY AND PROTECT
THE CITY FROM THE CONSEQUENCES OF CONSULTANT'S
PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE
NEGLIGENCE, AS WELL AS THE CONSULTANT'S PARTIES'
INTENTIONAL TORTS, INTELLECTUAL PROPERTY
INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS
ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT. SUCH INDEMNITY SHALL NOT APPLY,
HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL
INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT
IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF ANY
PERSON OTHER THAN THE CONSULTANT'S PARTIES. IN THE
EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT
AGAINST THE CITY FROM WHICH THE CITY IS INDEMNIFIED,
CONSULTANT FURTHER AGREES AND COVENANTS TO
DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL
ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED
HEREINABOVE SHALL SURVIVE THE TERMINATION AND/OR
EXPIRATION OF THIS AGREEMENT.
By this Agreement, the City does not consent to litigation or suit, and the City hereby
expressly revokes any consent to litigation that it may have granted by the terms of this
Agreement or any other contract or agreement, any charter, or applicable state law.
Nothing herein shall be construed so as to limit or waive the City's sovereign immunity.
Consultant assumes full responsibility for its services performed hereunder and hereby
releases, relinquishes and discharges the City, its officers, agents, and employees from all
claims, demands, and causes of action of every kind and character, including the cost of
defense thereof, for any injury to or death of any person (whether they be either of the
parties hereto, their employees, or other third parties) and any loss of or damage to
property (whether the property be that of either of the parties hereto, their employees, or
other third parties) that is caused by or alleged to be caused by, arising out of, or in
connection with Consultant's services to be performed hereunder. This release shall apply
with respect to Consultant's services regardless of whether said claims, demands, and
causes of action are covered in whole or in part by insurance.
9. 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.
10. 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;
(e) refusing or failing to prosecute the Work or any separable part with the diligence that
will ensure its completion within the time specified in this Agreement;
(f) failing to complete Work within the time period specified in this Agreement; and/or
(g) the violation of any provision of this Agreement.
Upon delivery of any notice of termination required herein, Consultant shall discontinue all services in
connection with the performance of the Agreement. Within ten (10) days after receipt of the notice of
termination, Consultant shall submit a final statement showing in detail the services satisfactorily
performed and accepted and all other appropriate documentation required herein for payment of
services. At the same time that the final statement is tendered to the City, Consultant shall also tender
to the City's Representative all of Consultant's instruments of service, including all drawings, special
provisions, field survey notes, reports, estimates, and any and all other documents or work product
generated by Consultant under this Agreement, whether complete or not, in an acceptable form and
format together with all unused materials supplied by the City. No final payment will be made until
all such instruments of service and materials supplied are so tendered.
If this Agreement is terminated for cause, Consultant shall be liable for any damage to the City resulting
therefrom. This liability includes any increased costs incurred by the City in completing Consultant's
services. The rights and remedies of the City in this section are in addition to any other rights and
remedies provided by law or under this Agreement.
11. 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.
Except for proprietary data, which we are enjoined from sharing.
12. Supervision of Consultant
Consultant is an independent contractor, and the City neither reserves nor possesses any right to control
the details of the Work performed by Consultant under the terms of this Agreement.
13. 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 (60) calendar days from the date Consultant and/or its subconsultants perform
the services or incur the expense. Failure by Consultant to comply with this requirement shall result in
Consultant's invoice being denied and the City being relieved from any liability for payment of the late
invoice.
14. Indebtedness
If Consultant, at any time during the term of this Agreement, incurs a debt, as the word is defined in
section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately notify the City's
Director of Finance in writing. If the City's Director of Finance becomes aware that Consultant has
incurred a debt, the City's Director of Finance shall immediately notify Consultant in writing. If
Consultant does not pay the debt within thirty (30) days of either such notification, the City's Director
of Finance may deduct funds in an amount equal to the debt from any payments owed to Consultant
under this Agreement, and Consultant waives any recourse therefor.
15. Verifications
If Consultant has ten (10) or more full-time employees and Consultant's total compensation under this
Agreement has a value of One Hundred Thousand Dollars ($100,000.00) or more, Consultant makes
the following verifications in accordance with Chapters 2271 and 2274 of the Texas Government Code:
a. the Consultant does not boycott Israel and will not boycott Israel during the term of the
contract to be entered into with the City of Baytown;
b. the Consultant does not boycott energy companies and will not boycott energy
companies during the term of the contract to be entered into with the City of Baytown;
and
C. the Consultant does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association and will not discriminate during the
term of the contract against a firearm entity or firearm trade association.
16. 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.
17. 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:
CONSULTANT'S NAME
Attn:
Address
City, State Zip Code
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.
18. No Third -Party Beneficiary
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit
Consultant and the City only. No person or entity not a signatory to this Agreement shall be entitled
to rely on Consultant's performance of its services hereunder, and no right to assert a claim against
Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of
this Agreement or the performance of Consultant's services hereunder.
19. 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.
20. 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.
21. Complete Agreement
This Agreement represents the entire and integrated agreement between the City and Consultant in
regard to the subject matter hereof and supersedes all prior negotiations, representations or agreements,
whether written or oral, on the subject matter hereof. This Agreement may only be amended by written
instrument approved and executed by both of the parties. The City and Consultant accept and agree to
these terms.
22. 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.
23. Headings
The headings used in this Agreement are for general reference only and do not have special significance.
24. 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.
25. 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.
26. Authority
The officers executing this Agreement on behalf of the parties hereby represent that such officers have
full authority to execute this Agreement and to bind the party he/she represents.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies,
each of which shall be deemed to be an original, but all of which shall constitute but one and the same
Agreement on the day of , 20_, the date of execution by the City Manager of the City
of Baytown.
CITY OF BAYTOWN
JASON E. REYNOLDS, City Manager
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND, City Attorney
CONSULTANT:
CONSULTANT'S NAME
(Signature)
(Printed Name)
(Title)
STATE OF TEXAS §
COUNTY OF HARRIS§
Before me on this day personally appeared in
his/her capacity as , on behalf 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 other document issued by the federal government
or any state government that contains the photograph and signature of the
acknowledging person)
(check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that
he/she executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this day of , 20_
Notary Public in and for the State of Texas
R:\Denise •CONTRACT TEMPLATES The Goodman Corp. - Professional Services Agreement -Non -Grant with exhibit.docx
Exhibit "A"
Scope of Work
City of Baytown, Texas
Work Order #1— Discretionary Funding Identification and Pursuit
April 2023
The City of Baytown (City) has procured The Goodman Corporation (TGC) to assist in the identification and
pursuit of funding related to programs stemming from the Infrastructure Investment and Jobs Act (IIJA),
the Inflation Reduction Act (IRA) and other existing and new federal authorizing bills. TGC believes that
there is significant potential for the City to leverage federal funding from a variety of existing and new
federal programs. This scope of services will facilitate the following three items:
1. TGC's review of the latest City Capital Improvement Program (CIP) and to discuss additional
project priorities with City staff to understand and begin to document an overview of City needs.
TGC will then create a cross-referenced table with these projects and initiatives with known
funding opportunities.
2. Provide TGC with resources, via a monthly set fee, to scan, research, identify and provide the City
with monthly reports on funding opportunities and programs that fit within the organization's
mission and goals. This set fee will also support TGC's participation in meetings with City staff and
other activities related to understanding new and ongoing projects and initiatives the City is
endeavoring towards.
3. Provide a budgetary allocation so that upon concurrence of the City, TGC can complete individual
grant applications and detailed work related to funding pursuit itself. This budgetary amount is
meant to provide TGC with the resources, flexibility, and expediency necessary to develop and
submit grant pursuit documentation given tight timeframe requirements.
TGC is interested in assisting the City in areas related to project development, implementation, and
grant management. It is our understanding that when appropriate, work orders for those tasks can be
considered and issued at a later date.
TBPE NO. F-19990
Task 1— Project Identification
THE GOODMAN CORPORATION
Description: Meet with City management and individual departments to identify priorities, projects, and
potential initiatives for funding pursuit. For each project, identify the project's purpose, need, and prepare
an overall benefits outline. Gather other existing available information. Identify areas where gaps in
information (costs, project scope details, etc.) exist. Identify overall internal prioritization for the projects
identified. TGC will also provide a list of action items for City consideration which can support and improve
outcomes related to the future pursuit of funding. The intention of this exercise is to identify projects and
needs which exist both inside and outside the breadth of the City's existing capital improvement program.
TGC will compile the information gathered to provide a detailed list of funding opportunities which align
with the projects identified. To the extent known, TGC will prepare a grants calendar associated with the
projects and opportunities. The calendar will identify projects, potential funding sources, and estimated
award amounts.
Deliverable: Table/List of priority projects and initiatives, their relationship to existing grant
programs, and estimated timelines for grant pursuit.
Task 2 — Monitor and Present Funding Opportunities
Description: TGC will actively monitor, review, and synthesize Notices of Funding Opportunity (NOFO)
from a variety of regional, state, and federal agencies related to funding programs which the City may be
interested in pursuing. This work is relevant and applicable to a variety of City Departments but is
anticipated to be most pertinent to Public Works.
Entities and opportunities that TGC will monitor include, but are not limited to:
• Congressionally directed funding opportunities
• Economic Development Administration
• Environmental Protection Agency
• Federal Emergency Management Administration
• Federal Highway Administration, Federal Transit Administration
• General Land Office
• Houston -Galveston Area Council
• National Not for Profits
• Texas Department of Emergency Management
• Texas Department of Transportation
• Texas Parks and Wildlife Department
• Texas Water Development Board
TGC will coordinate with City staff, Council, committees, and consultants on projects, project
development, and activities on a monthly basis or as appropriate to remain engaged on projects and
initiatives. This may range from approximately one to three meetings a month, depending on activity
and necessity. TGC will discuss projects, goals, objectives, and other pertinent items with federal, state,
regional, and local officials and partners towards funding pursuit as necessary as appropriate.
11
TBPE NO. F-19990
THE GOODMAN CORPORATION
Finally, TGC will provide a monthly progress report to the City with information on opportunities and
their relevancy to the City. TGC will discuss the applicability and relevancy of opportunities with the City,
staff, and various committees as appropriate. Action on individual opportunities will occur via Task 3.
Deliverable: Monthly progress reports.
Task 3 — Pursuit of Funding
Description: Upon concurrence from the City, TGC will develop grant applications and related materials
inclusive of project narrative documentation, benefits documentation and related appendices, support
documentation (and related coordination), technical reports and related graphics and production support.
The cost of each effort will be discussed and agreed upon by the City's designee(s) on the individual level
of effort, but a general overview is provided in the table below. The resources made available in this task
are those that are initially authorized and may be increased or otherwise adjusted upon in the future.
Tier 1 .Grants and opportunities which require only a narrative
2 JGrants which require detailed narrative and a level of basic analysis 1 $8,500
3 JGrants which require detailed narrative, coordination related to application portals, 1 $17,500
analysis, project development, and benefits analysis
4 Grants which require Tier 3 elements along with a more detailed level of analysis and $35,000
project development. This Tier also requires a higher level of coordination with
elected officials and other stakeholders.
5 Grants which require Tier 4 elements and a higher level of analysis, project $52,500
development, and benefits analysis. This Tier is inclusive of the highest level of
coordination with elected officials and other stakeholders.
Deliverable: Grant applications to include all associated materials (SF forms, letters of support,
benefits analysis, narrative development, graphics, tables, charts, and associated production).
Project Budget
Progress payments will be provided monthly per the table below. Task 1 will be invoiced lump sum
percent of completion. Task 2 will be billed monthly per the rate schedule in the table. Task 3 will be
billed lump sum percent of completion, based on the agreed upon amount per grant application.
Invoices, including progress reports, will be provided each month. The costs within this scope are
inclusive of all direct and indirect costs (e.g., travel, overhead, printing).
IS
TBPE NO. F-19990
Identification
THE GOODMAN CORPORATION
$7
2 IMonitor and Present Funding Opportunities Monthly fee of $2,000 for two years - $48,00
3 Pursuit of Funding Budget Allocation of $116,50
Total Authorize S172.00
Accepted for City of Baytown, Texas
Signature
Print
Date
Accepted for The Goodman Corporation
can, ure
Jim Webb, AICP, ENV SP
Print
Agreement for Professional Services, Page 16
March 28, 2023
Date