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Ordinance No. 15,444 ORDINANCE NO. 15,444
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH HDR
ENGINEERING, INC., FOR THE PRELIMINARY ENGINEERING REPORT (PER)
AND RELATED SERVICES FOR THE WEST BAKER ROAD FROM GARTH ROAD
TO DECKER DRIVE RECONSTRUCTION PROJECT; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOUR
HUNDRED SEVENTY-SEVEN THOUSAND SEVEN HUNDRED SIXTY-FIVE AND
60.100 DOLLARS ($477,765.60); 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 l: That the City Council of the City of Baytown,Texas,hereby authorizes and directs
the City Manager to execute and the City Clerk to attest to a Professional Services Agreement with HDR
Engineering, Inc., for the Preliminary Engineering Report (PER) and related services for the West Baker
Road from Garth Road to Decker Drive Reconstruction 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 HDR
Engineering, Inc., in an amount not to exceed FOUR HUNDRED SEVENTY-SEVEN THOUSAND
SEVEN HUNDRED SIXTY-FIVE AND 60'100 DOLLARS ($477,765.60) 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 NOI100 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 25'h day of May,2023. �~
DON CAPETILLO, k4yor
ATTEST: pF �:•••ob;
GEL CK ;City�-1erkk
APPROVED A TO a M-OF
SCOTT L ,City Attorney
R:'.Karen Anderson,ORDINANCES1202312023.05.25TSA-WestBakerRoadkomGarth2DeckerReconstmctionProject.docx
EXHIBIT "A"
AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") is entered into by and between HDR Engineering, Inc
(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 Preliminary Engineering Report services for W.
Baker Road from Garth Road to Decker Drive Project(the "Work")for and on behalf of the City.
a. 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)thirty four (34)weeks following execution by
the City Manager; or(c) Termination of this Agreement under Paragraph 11.
b. The scope of the Work is detailed in Exhibit "A."
C. Compensation and professional fees are detailed in Exhibit"B."
d. The time schedules for the Work are specified in Exhibit "C."
e. Each of these Exhibits "A" through "C" is 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. Preliminary Engineering Report......................................................$279,300.00
2. Enviromental Site Assesment Phase I..................................................$8,500.00
3. Survey Services................................................................................$189,965.60
4. NIA..............................................................................................................$0.00
5. N/A.............................................................................................................$0. 00
6. Total................................................................................................$477,765.60
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.
Agreement for Consulting Services,Page I
C. 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 Edwin Rydell, P.E. to serve as Project Manager for the
Work performed under this Agreement. Any change of Project Manager shall
require thirty(30) days advance written approval from the City's Representative.
b. Licensed and Registered Architects/Engineers
Consultant shall keep 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
AgrBement for Professional Services,page 2
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.
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, 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 order for any
necessary equipment is made by the City or that the construction specified
is bid by the City.
Ag eement for Professional Services,Page 3
(ii) 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.
(iii) 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
(5) years of proven experience in the field, and such satisfactory
documentation has been approved by the City's Representative.
(iv) 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,
including the Texas Accessibility Standards.
(v) 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.
(vi) 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 Agreement will
be pursuant to the standard of performance common in the profession.
(vii) 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.
(viii) 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.
AUcement for Professional Services,Page 4
(ix) 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 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 and 11, 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 Consultants 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 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:
1. Commercial General Liability
■ General Aggregate: $2,000,000
Agreement for Professional Services,Page 5
■ Products &Completed Operations Aggregate: $2,000,000
■ Personal &Advertising Injury: $I,000,000
■ Per Occurrence: $1,000,000
■ 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
Proj ect
■ Waiver of Subrogation required
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.
Agreement for Professional Services,Page 6
6. Upon request and without cost to the City, certified copies of all insurance
policies and/or certificates of insurance skull be furnished to the City.
7. Upon request and without cost to the City, loss runs (claims listing) of any
and/or all insurance coverages shall be furnished to the City.
8. All insurance required herein shall be secured and maintained in a company
or companies satisfactory to the City, and shall be carried in the name of
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 HIND, 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
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 TUAT 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-, SUBJECT TO THE
LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE
SECTION 271.904 AND TEXAS CIVIL PRACTICE AND REMEDIES
CODE SECTION 130.002.
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.
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;
Agreement for Professional Services,Page 8
(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.
12. Records
Within ten (10) days of the City's request and at no cost to the City, the City will be entitled to
review and receive a copy of all documents that indicate work on the Project that is subject to this
Agreement.
13. Supervision of 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.
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(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.
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
Agreement for Professional Services,Page 9
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.
16. 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. 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. 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. 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.
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(3)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 (15) days of the
City's request therefor. Should the City request copies of the records, Consultant
may redact employee social security numbers and/or addresses. 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:
HDR Engineering,Inc
Attn: David C. Weston
4828 Loop Central Drive Suite 800
Houston,TX 77081
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 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.
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 11
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, 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 patties 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:
Agreement for Professional Services,Page 12
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND, City Attorney
CONSULTANT:
HDR Engineering,
���XV
(Signature)
David C. Weston
(Printed Name)
Vice President
(Title)
Agreement for Professional Services,Page 13
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared David C.Weston in his/her
capacity as Vice President of HDR Engineering, Inc.
on behalf of such Company
M 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
J VA Nota P blic in and the State of Texas
' Notaryary Ip N 12140b!2l4
My Commission Expires
March b, 2027
R-Waren AndersonlCONTRACTSVO231CONTRACT TEMPLATES1ArchitectumI or Engincer mg Services Agreement Template Seclion 2
Flexible(SL Final-fillable)docx
Agreement for Professional Services,.Page 14
Exhibit A
Baker Road
CITY OF BAYTOWN Preliminary Engineering Report
EXHIBIT A
SCOPE OF SERVICES AND DELIVERABLE DOCUMENTS
CITY OF BAYTOWN CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES
CITY OF BAYTOWN
BAKER ROAD PRELIMINARY ENGINEERING REPORT
1.0 GENERAL
HDR(Engineer)shall provide professional engineering services for the Baker Road Preliminary Engineering Report
(PER),and as further defined by this Exhibit A,Scope of Services.
1.1 Description of Project
The City of Baytown has requested a PER for Baker Road between Garth Road and Decker Drive
to be performed. This Preliminary Engineering Report(PER)is for the total street reconstruction
consisting of approximately 2 miles of a 4-lane concrete thoroughfare boulevard.As directed by the
City,the roadway's boulevard cross section(width)will remain the same and will not be increased.
This project will also include sidewalk improvements, storm sewer upgrades, water line
replacement,and sanitary sewer rehabilitation.The City has requested that HDR review the existing
bridges report,perform a site visit to verify conditions, and make a recommendation on possible
improvements. The PER will identify existing issues,present resolutions,and provide an opinion
of probable construction costs to create a pathway into the design phase and assist in the City's
budgeting effort.
1.2 Review of Existing Information
A. Review information from existing record drawings of previous projects and recently updated master
plans for ultimate sizing of water,sanitary sewer,and drainage along Baker Road. The City shall
provide available historical information (GIS, maintenance records, record drawings, etc.) and
planning documents to the Engineer.
B. The Engineer shall utilize the above reference provided information to assist in the creation of the
Baker Road PER. Previous engineering work involved in these master planning efforts will not be
duplicated as part of this project. The ultimate demands (water, sanitary sewer,and drainage) to
this area have been identified and proposed sizing have been provided in the master planning
documents to meet the projected needs. If the existing master planning documents do not identify
the ultimate demands in the area and required sizing along Baker Road,an amendment for additional
fee will be submitted for the added scope items to identify service areas,project ultimate demands
based on expected growth projections,and sizing of utility improvements.
2.0 BASIC SERVICES
2.1 Project Management
A. The Engineer shall reference the City's Project Title and City's Project Numbers on correspondence and
submittals.
B. The Engineer shall coordinate efforts of the Project team members and Consultants, assign manpower,
delegate responsibilities,review work progress,monitor conformance to the scope regarding the budget and
schedule,and guide the overall progression of the project's work.
1
Exhibit A
Baker Road
CITY OF BAYTOWN Preliminary Engineering Report
C. Progress meetings(assuming 10 for the PER phase)shall be held to review the progress of the engineering
effort,or to address other issues which may arise. The City shall initiate meetings that include the Engineer
and his Consultants,and if necessary,the City and other applicable parties. The Engineer shall prepare and
deliver meeting record memorandum of decisions and action items to the City within 5 working days after
each meeting.
D. The Engineer shall notify the City immediately of deviation from the Scope of Engineering Services and Fee
agreed to in this Scope of Services. The Engineer shall not perform services outside of the Contract scope
without an Amendment to this Contract.
E. Route written communication with regulatory agencies,neighborhood associations,and City Council through
the City.
2.2 Phase I-Preliminary Engineering Report
During the Preliminary Engineering Report(PER),and after written authorization from City,Engineer shall perform
the following Phase I services during the Project:
A. Prepare a Preliminary Engineering Report(PER)which contains the findings and recommendations resulting
from this Phase of work. Include the following minimum items:
1. Executive Sgmma1y
a. Project Location-Describe project boundaries and locations within City limits with Key
Map references. Include location and lay-out maps.
b. Statement of Problem-Describe deficiencies of the system.
C. Street Recommendation- The road will be reconstructed to match the existing alignment
and width. Median openings,tam lanes and intersections will be adjusted accordingly to
the new design. One design alignment will be provided within the project limits.
d. Drainaze Recommendation—There are existing box culverts located along Baker Road
HDR will provide recommended drainage improvements based on standard drainage
calculations (no 2D or 3D modeling effort included) and determine the feasibility of
improvements based on the collected survey data.
e. UtililvRecommendation-Utility improvements will be based off identified sizing included
in the master planning documents. HDR will incorporate the sizing recommended for
water and sanitary sewer lines within the project limits.
f. Findin s rom Phase I PER Activities - Summarize the findings that may impact the
solutions. Also,summarize other issues associated with:
1) Topographical Survey
2) Environmental Assessment
3) Impacts to other structures in right-of-way including sidewalks, driveways, and
encroachments.
4) Other potential conflicts and special issues,such as inter-agency coordination and
tree impacts.
S) Utility Conflict Matrix
2
Exhibit A
Baker Road
CITY OF BAYTOWN Preliminary Engineering Report
g. Recommended Project - Describe the recommended improvements, how it solves the
described system deficiencies,and tabulate the design criteria.
h. &Untated Construction Costs - Include Construction Costs for recommended
Improvements.
2. Introduction
a. Project Location--Describe generally the Project boundaries and locations within limits
with Key Map references. Include project location and vicinity maps.
b. Statement ofProblein-Describe deficiencies of the system. Include history of the problem,
if available.
C. Existing Conditions-
1) Existing Utilities - Indicate location, size, condition, and capacity of public
utilities. Indicate location and size of private utilities. Summarize coordination
efforts with each utility. Indicate substandard or problem locations and describe
deficiencies.
2) For paving and storm sewer projects include the following:
a) Existing pavement-Describe pavement widths,lane use,pavement type
and condition,composition thickness and age of pavement,and presence
of curb and gutter or drainage ditches. Indicate substandard or problem
locations and describe deficiencies.
b) Existing Roadway Geometries - Describe vertical and horizontal
geometries,corner radii,esplanade widths and openings,and intersection
and driveway locations. Indicate substandard or problem locations and
describe deficiencies.
c) Existing Drainage- Indicate watershed and describe existing drainage
system noting location, size, condition, and capacity. Indicate
substandard or problem locations and describe deficiencies.
3. Findings from Phase I PER Activities
a. Utilities Research
l) The Engineer shall research available information and show on schematic layouts
of the project existing water mains and appurtenances, well collection lines,
sanitary sewer and storm water lines and facilities(house service lines,manholes,
etc.),and lot lines,telephone,power,gas,cable TV,and other private utilities.
2) On major transmission pipelines, the Engineer shall contact the various pipeline
companies for their assistance to determine the product material, type of pipe
material,depth,and routing of pipelines.
3) Summarize coordination efforts with other utilities. Indicate problem locations,
describe deficiencies/conflicts and program for resolution.
3
Exhibit A
Baker Road
CITY OF BAYTOWN Preliminary Engineering Report
4) Develop a Utility Contact List with information such as: (a)Owner's Name; (b)
Contact Person; (c) Telephone Numbers; (d) Emergency Contact Number; (e)
Email Addresses; (f) pertinent information concerning their respective affected
utilities and facilities,including but not limited to:size,number of poles,material,
and other information which readily identifies the utilities companies'facilities.
b. Review existing drainage master plan data and models. Recommendations in the drainage
Master Plan will be incorporated into the proposed project. This will be the basis of our
drainage area map and design.
C. Meet with the City to discuss traffic control and how the project will be constructed. This
will also be used to determine if the project will be constructed in separate phases.
d. Permits and Licenses-Describe permits or licenses required from governmental agencies,
public or private utilities,railroads,HCFCD,TXDOT,NPDES,wetlands,etc.
e. Tree/Landscaping Impacts - Generally describe the potential impact on existing
trees/landscaping and potential impact (general assessment) to trees due to construction
activities. A licensed urban forester will not be providing recommendation for tree
protection plans due to this being the PER phase for the project.
4. Evaluations and Recommendations
a. Recommended Project-Describe the recommendation,how it solves the described system
deficiencies,and tabulate the design criteria. Also,provide the following:
1) Recommended Utility Improvements- Discuss the recommended improvements
to public utilities and indicate locations of potential conflict with other utilities.
2) Tree Protection/Mitigation and Landscaping - Describe potential issues with
proposed layouts that will need to be addressed in the final design.
3) For paving and storm sewer projects,include the following:
a) Recommended Pavement - Describe recommended pavement widths,
lane use,and structure.
b) Recommended Improvements to Roadway Geometries - Describe
recommended corner radii,esplanade widths and openings,intersection
improvements,and measures taken to correct deficiencies.
c) Recommended drainage improvements - Describe recommended
improvements to the drainage system identified in the master drainage
plan. Include drainage area maps and hydraulic analysis calculations.
d) Recommend Bridge Repair — HDR will review the existing bridge
reports provided by the City,make a site visit to verify conditions,and
make a recommendation on any repairs to the two bridges on Baker Road
at Goose Creek.
e) Recommendations Signals HDR will describe recommended
improvements to the existing signal along Baker Road.
4
Exhibit A
Baker Road
CITY OF BAYTOWN Preliminary Engineering Report
5. Exhibits
a. Project.Location Maps-Prepare a color map of Project Area(s).Include a separate vicinity
map of general Project Area(s).
b. Typical 0-oss-Seclions - Show horizontal dimensions, pavement structure makeup and
thickness, typical locations of existing and proposed buried utilities, right-of-way and
easements,sidewalks,shoulders,and drainage ditches.
C. Plan Sheets-Show existing water mains,and sanitary sewers,and proposed storm sewers
and pavement footprint,where applicable, in plan view(Plan View only). Plans shall be
I Ix17 using 1"=40'scale.
6. Estimated Construction Cost
a. Provide opinion of probable construction cost of the recommended Project Improvements
and an estimated construction timeline.
B. Deliver to City a Preliminary Engineering Report including applicable exhibits and recommended
construction packaging for the Project.
C. Prior to preparing a draft Preliminary Engineering Report, HDR shall create custom exhibits for the Pre-
Workshop Meeting 41 with City staff. The purpose of the Pre-Workshop#1 is to present the recommended
project(s) of the proposed storm sewer alignment and pavement footprint. Upon approval of the
recommendation, HDR shall incorporate City's directions, compose the Preliminary Engineering Report,
perform quantity take-off and estimated opinion of probable construction cost, and internal Quality
Assurance/Quality Control review.
D. HDR shall address one round of comments from City staff and City Engineer.
3.0 ADDITIONAL SERVICES
Unless otherwise authorized or modified by the Director,the Engineer shall perform Additional Services in accordance
with the following:
3.1 Survey
A. Perform per scope provided by Western Group.
B. Deliverables for route topographical survey services to the City include the following:
1. Survey Baker Road from Garth Road to Decker Road of the apparent right-of-way plus ten(10)feet
outside the right of way.
2. Survey will extend one hundred fifty(150)feet at each direction at intersections along the route and
one hundred fifty(150)feet upstream and downstream on Goose Creek.
3. The surveyor will perform Level C&D SUE services per ASCE Guideline.
4. Survey Control Map - A survey control map sheet drawn to scale of 1 inch 100 feet shall show
location and give a description of the vertical and horizontal survey control monuments used for the
Project. The sheet shall show both the survey base line and the Project alignment and give bearings
and distances of control lines.The beginning point,P.I. points, and end point of both the Project
alignment and the survey base line shall list the City survey control system coordinates and be tied
into existing topography. The map shall contain the following: street names, centerline bearings,
5
Exhibit A
Baker Road
CITY OF BAYTOWN Preliminary Engineering Report
street intersection station equations, P.C.'s, P.T.'s, P.I.'s and curve data. Found property
monuments shall be shown on the map with station-offset references made to the Project alignment,
Those property monuments used as control monuments in setting the Project alignment shall be
indicated. Project benchmarks,swing-tie(three-point tie)sketches,benchmark loops,and traverse
shall be provided. The survey control map sheet shall be signed,sealed,and dated by the registered
surveyor responsible for the survey.
5. Survey Drawing-Shows results of field survey work,topography,and improvements.
C. Deliverables for Site Topographical Survey to the City shall include original survey field books and electronic
files,survey control map,and survey drawing.
D. In compliance with the geotechnical requirements of the City Design Manual,geotechnical boring locations
shall be surveyed upon completion of the geotechnical investigation. Provide station and offset including
true State plane coordinates with an accuracy of plus or minus one foot. The Engineer shall deliver the
electronic files of this work to the City.
3.2 Environmental Site Assessment
A. Due to the current and historical commercial development(dry cleaners,gas stations,repair shops,etc.)along
Baker Road,an ESA Phase 1 is recommended to identify any contaminants that could impact the health and
safety of the contractor's personnel and to identify the potential need for special disposal considerations
should any excavation within the ROW be required.
B. The ESA will include a site history and hazardous materials records review,interview(s)with ROW owner(s)
and others as applicable,identification of floodplain(s),historic review,and adjacent property reviews.
C. Services will also include field reconnaissance, including identification of recognized environmental
conditions(REC)and adjacent land uses.
D. The results of the Phase 1 ESA will be provided in a Phase I Report,prepared in accordance with ASTM
1527-13.
4. FEE SCHEDULE
HDR will submit monthly invoices with status reports for all engineering work completed
to invoice date. Please be aware that these fees are based on performing all improvement
design as a single project. The fees presented in this section reflect a combined effort to
perform all proposed work concurrently. If the project is reduced the proposed fees will
need to be adjusted accordingly to reflect the cost of performing engineering services on a
smaller project. The invoices will be based on the following schedule.
Preliminary Engineering Report(Lump Sum) $279,300.00
Environmental Site Assessment Phase I $8,500.00
Surveying{Cost+ 10%) $189,965.60
Proposed PER Total $477,765.60
6
EXHIBIT B
Erty of Baytown Manhddr Eau hate ane fa Summary Baser Road PEA
Prep PER
Seryic4
,—.o t w,m- 0,~ l—,— 1r.]YrEwal 61F Gw lun�pr b0o00Fn[r 4Ger�sn.Fm-Ma'Wr• F.: S279.237.41
,wln prY�r Veen. 4a4�rP
Was Tart Name CMactiry TVYamwm
TatalNwrs 5 g0 15 123 290 19 11 "1 49 453 21 41 19S2
! Pra Mans emMlllh%w1 fa 90 weeks 40 40 no S14,713
2 Rick-WMleYn w)Gty 2 2 4 1 16 51767A
1 046 N Wong MSemal 1 1 1 1 l 1 ; 1 1 I 1 10 91,051
4 0tAt.Re4— 1 4 S S730.9
5 Pu.0 S.—Y.uOltib,rKVJ dfftt,W1 4 40 All104 913,933.3
rNeeL,erea[e grid m4pl,wins 0-1,aeMnl n4tff
6 Vrrify Su 6 F,.ld R4FpnnaliriRR 51 12 11 34 S1,30.
7 Reenw and recvmmenaltan V tr 0..1" 12 1 24 S6,220.
a Onfns area Ma radk Cakula6en1 2 16 6 1$ 24 12 76 S11,97a1
9 0ni Oen n-I.~Plan y—WN 1 a 4 10 31 31 60 147 $32,713.3
t0 RaadwayO - -ItyvutPl4n Wew 1 13 13 45 N 20 l21 323 Si6.521.
it Ceate rypirat Eirtm,and Proposed Psvin$UM ] 4 4 9 4 16 37 SS,aS1
SetL'pa
12 Pr —MWN Va.—to) 10 29 to 20 6o $17.563.1
12 S4c Vda for lr4pInrpepion Reo[wts 4 4 a $1.912,4
14 Rrriew vlecssing in3ortnasnn(6RINSaP,bAaOu.
etcl 3 3 5370.9
IS daft PER Memo 6 Metbeg with Cl—ts to pii—S 2 2 6 2 13 57,614.a
ReSammcndslNe 2or 9646er
36 e,,4a,,6araa City Commenu 3 1 5247J
17 OalOC 4 4 91497
11 F-14.Menw-Rtedmmardaldnlda Vdps 7 1 5 $E21.7
19 Wnu6n4On' •Plan Wew 6 21 40 40 4 6o tit SKIA9931
10 6 12 40 40 4 60 ;a2 514,3994
11 TraK Can[roaO WPlan 2 a 16 74 36 ■ 40 134 521.2315
22 Op;i c-luilill/CSrM Mat,,, 1 22 12 M 4 49 31362
23 Crea14 CVR4m Eandq 1 2 4 1 1s $2.367
24 Pn Waduhep MPeO Rl a a 12 12 40 $7,971-
75 IC.moo.PER a 20 40 1 76 513,133.1
26 O " EahldfFaM C.est rrumaran 2 1 24 32 55.123.7
27 OA1QC 2 e 10 10 54.210
2l Acoweaale errr,,m,,enu ane Rral4e PEA 2 2 4 4 12 is 36 59766.3
29 RrE.W—ble P-.NWa e.11[, 0 5]
fee Summary
Primr PER S—k. S 179.3C0.
Prime Emirayneegl$V Ataerunem Phis.I S g,500.
SO SLIMY $ 1a9,945.i
a.,765.60
it ar;r3la
Baker Road Preliminary Engineering Report EXHIBIT C
Se:encphvd:eriQhJ121ss ccian:.AteSmdd6crsl6:9tArcnMir9fMkj» Par["l6itilw _FNn Oumuon _Actual start ®%Complete _ALtUM(beyand platy ®%Cunptete(beyond plan(
MOO «a41
ACIw17Y PUN START PUN ACTUAL ACTVAL PERCENT
DURATION START DURATION COMFIFTE
i s s = ^y R
a .r s •• .a s s
ra o 0 0 3 $
1 2 3 4 s 6 7 a 9 1n 11 17 13 14 19 16 17 IS 19 20 21 22 23 34 23 16 27 34 10 30 31 31 33 34
Council A-srd Comm t 1 1 OV.
Coordinate wflitilities OY,
(Private and Public) 2 4
Request all retard drawktgs
and Master Planning 09G
Documents 2 4
Surrey 2 is
Geoteclmlcal 2 10 CA
Phase I ESA 4 6 OV..
Review existing master Plan
pan ferwater,San Swr,and 0
Stm SW. 6 A
Verify Drainage Area Is
Cotnhte0t with Master
Planning and Includes Atlas
14 Data. 10 2
Hydraulic Calculations 12 4
Create ftackgreunds 9 14 O^
Water IJne Improvements 21 4 0%
San Swr lmprevaments 21 4 0-S
Roadway Geometric layouts 22 4 0%
.� $
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