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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% .� $ A C o s G A W V r0 lNl1 C M Y M N Y A O z zz n A 77�� Monday,May 29,2023 �+ Monday,June5,2023 W Monday,June 12,2023 ++ Monday,June 19,2023 �n Monday,June 26,2023 m Monday,July 3,2023 �+ Monday,July 10,2023 m Monday,July 17,2023 w Monday,July24,2023 Monday,July 31,2023 G Monday,August 7,2023 ri Monday,August 14,2021 ro Monday,August 21,2023 r Monday,August 28,2023 t� Monday,September 4,2023 arr Monday,September 11,2023 Monday,September 19,2023 Monday,September2S,2023 Monday,October 2,2023 Monday,October 9,2023 Monday,October 16,2023 �i Monday,October 23,2023 ES' Monday,October 30,2023 n Monday,November 6,2023 Monday,November13,2023 Monday,November20,2023 Monday,November 27,2023 Monday,December 4,2023 4 ($ Monday,December 11,2023 e Monday,December 19,2023 p Monday.December 25,2023 Monday,January 1,21124 Monday.lanuary8,2024 �' Monday,January 15,2024