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Ordinance No. 16,074 ORDINANCE NO. 16,074 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH HALFF ASSOCIATES, INC. TO PROVIDE CIVIL ENGINEERING, BID PHASE AND CONSTRUCTION PHASE SERVICES IN CONNECTION WITH THE SAN JACINTO REGIONAL DETENTION DRAINAGE PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FIFTY-ONE THOUSAND TWO HUNDRED FORTY AND NO/100 DOLLARS ($351,240.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to a Professional Services Agreement with Halff Associates, Inc. to provide civil engineering, bid phase, and construction phase services in connection with the San Jacinto Detention Drainage 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 Halff Associates, Inc. in an amount not to exceed THREE HUNDRED FIFTY-ONE THOUSAND TWO HUNDRED FORTY AND NO 100 DOLLARS($351,240.00)for professional services in accordance with the agreement authorized in Section l hereinabove. Section 3: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO 100 DOLLARS ($50,000.00)or less. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the ity Council of the City of Baytown this the 13"' day of February, 2025. C9ALES .OH O , ayor A EST v-re f r CJ� ease seeeB ! " } A GE JACKCit�,Clef ', s r „l1°° APPROVED AS TO F \`Fr:01rf ,r SCOTT LE O D, City Attorney R Ordinances and Re.olutions Ordinance Drafts 2025-02-13\PSA with Halff Assoctates.San Jacinto Detention Drainage Project.kh.docx EXHIBIT "A" AGREEMENT FOR CONSULTING SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This Agreement (this "Agreement") is entered into by and between Halff Associates, Inc. (hereinafter "Consultant") and the City of Baytown, a home-rile municipality located in llarris and Chambers Counties, Texas (the "City"). 1. Scope of Services/Consultant Fees a. This Agreement authorizes Consultant to perform design,survey,civil engineering, bid phase services, and construction phase services for the San Jacinto Regional Detention Drainage Project (the "Work") for and on behalf of the City as specified in the Scope of Work attached as Exhibit "A." b. This Agreement shall commence on the date of execution by the City Manager and (if not terminated in accordance with paragraph 10) shall terminate: © upon completion of the Work in accordance with this Agreement, including Exhibits; number of months days (spelled out) (number of months days [numerical]) months days following execution by the City Manager, allowing for up to number of renewals (spelled out) annual renewals; the earlier of (a) completion of the Work in accordance with this Agreement, including Exhibits; (b) number of months/days (spelled out) (number of months days [numerical]) months days following execution by the City Manager, allowing for up to number of renewals (spelled out) annual renewals. C. The scope of the Work is detailed in Exhibit "A." d. The compensation and professional fess are detailed in Exhibit"B." e. The time schedules for the Work are specified in Exhibit "C." f. 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: Agreement for Consulting Services, Page l i. Land Surveying Services .............................................................$58,500.00 ii. Coordination of Meetings............................................................$37,250.00 iii. Drainage Analysis Alternatives Study.........................................$93,540.00 iv. Civil Engineering Services. .........................................................$43,770.00 V. Permitting/Plan Review & Approvals. ...................................... $22,880.00 vi. Bid Phase Services. .................................................................... $18,240.00 vii. Construction Phase Services. ..................................................... $50,580.00 viii. Additional Services. ....................................................................$16,480.00 ix. Reimbursable Expenses. ............................................................ $10,000.00 X. NA. ..................................................................................................... $0.00 xi. Total Not to Exceed..................................................................$351,240.00 b. Consultant shall not exceed the fixed contractual amount without written authorization in the form of a Contract amendment. 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 office to meetings at the City or jobsite only if Consultant does not have a local office within a fifty (50) mile radius of Baytown. 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 has been approved in writing by the City. d. Disallowed Expenses If Consultant has an office in Harris or Chambers Counties, Texas, Disallowed Expenses shall include travel expenses for professionals traveling into Harris or Chambers Counties from Consultant's offices outside of Harris or Chambers Counties. e. 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. Agreement for Professional Services, Page 2 revised 6.12.24 f. 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 Kristin LeBlanc, 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 Professional Engineer Consultant shall keep full-time registered engineers-licensed in the State of Texas on staff and assigned to the Work for the duration of its performance of the Work. C. Data on Consultant's Employees Prior to commencement of the Work,Consultant shall forward to the City a detailed resume of the personnel that will be assigned to the Work. 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 Director of Public Works and Engineering or his her 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 use. However, the City does not guarantee the accuracy or correctness of the documents so provided. Notwithstanding the foregoing, Consultant shall be entitled to use and rely upon information provided by the City in performing the services required under this Agreement only to the extent and level specified by the City in writing for each document provided. Nothing contained herein shall be construed to require the City to provide such records in any certain format. The format in which the existing data and documentation will be provided shall be at the sole discretion of the City. 5. Standards of Performance a. Consultant shall perform all services under this Agreement with the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances,time and locality. Opinion of probable cost shall be based upon the Consultant's experience and represent its best judgment as an experienced and qualified professional. Each submittal of opinion of probable cost shall be commensurate with the project design. Agreement for Professional Services, Page 3 revised 6.12.24 Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and the City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation. b. Codes and Standards i. All references to codes, standards, environmental regulations and or material specifications shall be to the latest revision, including all effective supplements or addenda thereto, as of the date that the requestor for Work is made by the City. ii. The Work shall be designed and fiimished in accordance with the most current codes and/or standards adopted by city, state, or federal government or in general custom and usage by the profession and shall comply with Texas Department of Licensing and Regulation's rules and regulations. iii. The codes and standards used in the profession set forth minimum requirements.These may be exceeded by the Consultant if superior methods are available for successful completion of the Work. Any alternative codes or regulations used shall have requirements that are equivalent or better than those in the above-listed codes and regulations. Consultant shall state the alternative codes and regulations used. iv. Consultant agrees the services it provides as an experienced and qualified engineer will reflect the professional standards, procedures and performances common in the industry for this project. Consultant further agrees that any analysis, reports, preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel and the performance of other services under this contract will be pursuant to the standard of performance common in the profession. V. Consultant shall promptly correct any defective analysis caused by Consultant at no cost to City. The City's approval, acceptance, use of or payment for all or any part of Consultant's services hereunder or of the Work itself shall in no way alter Consultant's obligations or the City's rights under this Agreement. As applicable, Consultant shall provide the City with record "as-built" drawings relating to the Work in an electronic format that is acceptable to the City. City shall be in receipt of record drawings, if applicable, prior to final payment. 6. Schedule Consultant shall not proceed with the Work or any stage thereof until written notice to proceed is provided by the City's Representative. Agreement for Professional Services, Page 4 revised 6.12.24 7. Insurance Consultant shall procure and maintain at its sole cost and expense for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, volunteers, employees or subconsultants. a. Consultant's insurance coverage shall be primary insurance with respect to the City, its officials, employees and agents. Any insurance or self-insurance maintained by the City, its officials, employees or agents shall be considered in excess of Consultant's insurance and shall not contribute to it. Further, Consultant shall include all subconsultants, agents and assigns as additional insureds under its policy or shall furnish separate certificates and endorsements for each such person or entity. All coverages for subconsultants and assigns shall be subject to all of the requirements stated herein. The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: i. Commercial General Liability ■ General Aggregate: $2,000,000 ■ Products & Completed Operations Aggregate: $2,000,000 ■ Personal & Advertising Injury: $1,000,000 ■ Per Occurrence: $1,000,000 ■ Fire Damage $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. ii. Business Automobile Policy ■ Combined Single Limits: $1,000,000 ■ Coverage for "Any Auto" ■ Waiver of Subrogation required. iii. Errors and Omissions ■ Limit: $1,000,000 for this project ■ Claims-made form is acceptable ■ Coverage will be in force for one (1) year after completion of the Project. ■ Waiver of Subrogation required. iv. Workers' Compensation ■ Statutory Limits ■ Employer's Liability $500,000 ■ Waiver of Subrogation required. Agreement for Professional Services, Page 5 revised 6.12.24 b. The following shall be applicable to all policies of insurance required herein. i. Insurance carrier for all liability policies must have an A.M. Best Rating of ANIII or better. ii. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. iii. Liability policies must be on occurrence form. Errors and Omissions can be on claims-made form. iv. Each insurance policy shall be endorsed to state that coverage shall not be suspended,voided, canceled or reduced in coverage or in limits except after thirty (30) days prior written notice by mail, return receipt requested, has been given to the City. V. The City, its officers, agents and employees are to be added as Additional Insureds to all liability policies, with the exception of the Workers' Compensation and Errors and Omissions Policies required herein. vi. Upon request and without cost to the City, certified copies of all insurance policies and or certificates of insurance shall be furnished to the City. vii. Upon request and without cost to the City, loss runs (claims listing) of any and or all insurance coverages shall be furnished to the City. viii. All insurance required herein shall be secured and maintained in a company or companies satisfactory to the City, and shall be carried in the name of Consultant. Consultant shall provide copies of insurance policies and endorsements required hereunder to the City on or before the effective date of this Agreement. 8. Indemnification and Release CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO AS THE "CITY") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY Agreement for Professional Services, Page 6 revised 6.12.24 INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE PROFESSIONAL OR THE CONSULTANT'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE CONSULTANT EXERCISES CONTROL (COLLECTIVELY, CONSULTANT'S PARTIES). IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH CONSULTANT AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONSULTANT TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF CONSULTANT'S PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE AS WELL AS THE CONSULTANT'S PARTIES' INTENTIONAL TORTS, INTELLECTUAL PROPERTY INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF ANY PERSON OTHER THAN THE CONSULTANT'S PARTIES. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY FROM WHICH THE CITY IS INDEMNIFIED, CONSULTANT FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS AGREEMENT. By this Agreement, the City does not consent to litigation or suit, and the City hereby expressly revokes any consent to litigation that it may have granted by the terms of this Contract or any other contract or agreement, any charter, or applicable state law. Nothing herein shall be construed so as to limit or waive the City's sovereign immunity. Consultant assumes full responsibility for its services performed hereunder and hereby releases, relinquishes and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property(whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with Consultant's services to be performed hereunder. This release shall apply with respect to Consultant's services regardless of whether said claims,demands, and causes of action are covered in whole or in part by insurance. Agreement for Professional Services, Page 7 revised 6.12.24 9. Subcontractors and Subconsultants Consultant shall receive written approval of the City's Representative prior to the use of any subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and or subcontractors shall be given to the City before execution of such contracts. 10. Termination of Consultant The City, besides all other rights or remedies it may have, shall have the right to terminate this Agreement without cause upon written notice from the City Manager to Consultant of the City's election to do so. Furthermore, the City may immediately and without notice tenninate this Agreement if Consultant breaches this Agreement. A breach of this Agreement shall include, but not be limited to, the following: (a) failing to pay insurance premiums, liens, claims or other charges; (b) failing to pay any payments due the city, state, or federal government from Consultant or its principals, including, but not limited to, any taxes, fees, assessments, liens, or any payments identified in this Agreement; (c) the institution of voluntary or involuntary bankruptcy proceeding against Consultant; (d) the dissolution of Consultant; (e) refusing or failing to prosecute the Work or any separable part with the diligence that will ensure its completion within the time specified in this Agreement; (f) failing to complete Work within the time period specified in this Agreement; and or (g) the violation of any provision of this Agreement. Upon delivery of any notice of termination required herein, Consultant shall discontinue all services in connection with the perfonnance of the Agreement. Within ten (10) days after receipt of the notice of termination,Consultant shall submit a final statement showing in detail the services satisfactorily performed and accepted and all other appropriate documentation required herein for payment of services. At the same time that the final statement is tendered to the City, Consultant shall also tender to the City's Representative all of Consultant's instruments of service, including all drawings, special provisions, field survey notes, reports, estimates, and any and all other documents or work product generated by Consultant under this Agreement, whether complete or not, in an acceptable form and format together with all unused materials supplied by the City. No final payment will be made until all such instruments of service and materials supplied are so tendered. If this Agreement is terminated for cause, Consultant shall be liable for any damage to the City resulting therefrom. This liability includes any increased costs incurred by the City in completing Consultant's services. The rights and remedies of the City in this section are in addition to any other rights and remedies provided by law or under this Agreement. 11. Records Within ten (10) days of the City's request and at no cost to the City, the City will be entitled to review and receive a copy of all documents that indicate work on the Project that is subject to this Agreement. Except for proprietary data, which we are enjoined from sharing. Agreement for Professional Services, Page 8 revised 6.12.24 12. Supervision of Consultant Consultant is an independent contractor, and the City neither reserves nor possesses any right to control the details of the Work performed by Consultant under the terms of this Agreement. 13. Billing The City shall have thirty (30) days to pay Consultant's invoices from the date of receipt of such invoices and necessary backup information. All invoices must identify with specificity the work or services performed and the date(s) of such work or services. In the event of a disputed or contested invoice, the parties understand and agree that the City may withhold the portion so contested, but the undisputed portion will be paid. Consultant shall invoice the City for work performed no more than once a month and may not invoice the City for work not performed. Invoices shall be received by the City no later than sixty(60)calendar days from the date Consultant and/or its subconsultants perform the services or incur the expense. Failure by Consultant to comply with this requirement shall result in Consultant's invoice being denied and the City being relieved from any liability for payment of the late invoice. The City shall pay Consultant the maximum rate permitted by Chapter 2251 of the Texas Government Code on any past due payment not received within thirty(30) days after the payment due date. In accordance with § 2251.043, in a formal administrative or judicial action to collect an invoice payment or interest due under this chapter, the opposing party, which may be the City or Consultant, shall pay the reasonable attorney fees of the prevailing party. 14. Indebtedness If Consultant, at any time during the term of this Agreement, incurs a debt, as the word is defined in section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately notify the City's Director of Finance in writing. If the City's Director of Finance becomes aware that Consultant has incurred a debt, the City's Director of Finance shall immediately notify Consultant in writing. If Consultant does not pay the debt within thirty (30) days of either such notification, the City's Director of Finance may deduct funds in an amount equal to the debt from any payments owed to Consultant under this Agreement, and Consultant waives any recourse therefor. 15. Verifications If Consultant has ten(10) or more full-time employees and Consultant's total compensation under this Agreement has a value of One-Hundred Thousand Dollars ($100,000.00) or more, Consultant makes the following verifications in accordance with Chapters 2271 and 2274 of the Texas Government Code: a. the Consultant does not boycott Israel and will not boycott Israel during the term of the contract to be entered into with the City of Baytown; b. the Consultant does not boycott energy companies and will not boycott energy companies during the term of the contract to be entered into with the City of Baytown; and C. the Consultant does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association. Agreement for Professional Services, Page 9 revised 6.12.24 16. Governing Law This Agreement has been made under and shall be governed by the laws of the State of Texas. The parties further agree that performance and all matters related thereto shall be in Harris County, Texas. 17. Notices Unless otherwise provided in this Agreement, any notice provided for or permitted to be given must be in writing and delivered in person or by depositing same in the United States mail,postpaid and registered or certified, and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party. Notice deposited in the mail as described above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of three (3) days after it is so deposited. For the purpose of notice, the addresses of the parties shall be as follows unless properly changed as provided for herein below: For the City: CITY OF BAYTOWN Attn: City Manager P. O. Box 424 Baytown, Texas 77522-0424 For Consultant: HALFF ASSOCIATES, INC. Attn: Kristin LeBlanc, P.E. 1201 N. Bowser Road Richardson, Texas 75081 Each party shall have the right from time to time at any time to change its respective address and each shall have the right to specify a new address, provided that at least fifteen (15) days written notice is given of such new address to the other party. 21. No Third-Party Beneficiary This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit Consultant and the City only. No person or entity not a signatory to this Agreement shall be entitled to rely on Professional's performance of its services hereunder, and no right to assert a claim against Professional by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Professional's services hereunder. 22. No Right to Arbitration Notwithstanding anything to the contrary contained in this Agreement, the City and Consultant hereby agree that no claim or dispute between the City and Consultant arising out of or relating to this Agreement shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. Agreement for Professional Services, Page 10 revised 6.12.24 23. Waiver No waiver by either party to this Agreement of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 24. Complete Agreement This Agreement represents the entire and integrated agreement between the City and Consultant in regard to the subject matter hereof and supersedes all prior negotiations, representations or agreements,either whether written or oral,on the subject matter hereof. This Agreement may only be amended by written instrument approved and executed by both of the parties. The City and Consultant accept and agree to these terms. 25. No Assignment Consultant may not sell or assign all or part interest in this Agreement to another party or parties without the prior express written approval of the City Manager of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City. 26. Headings The headings used in this Agreement are for general reference only and do not have special significance. 27. Severability All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 28. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 29. Authority The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he she represents. Agreement for Professional Services, Page l l revised 6.12.24 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 REYNOLDS, City Manager ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: SCOTT LEMOND, City Attorney CONSULTANT: HALFF ASSOCIATES, INC. ►�all-I G (SignoRuref Kristin M. LeBlanc, P.E. (Printed Name) Associate Vice President (Title) Agreement for Professional Services, Page 12 revised 6.12.24 STATE OF Texas § COUNTY OF Harris__ _ § Before me on this day personally appeared Kristin M. LeBlanc in his/her capacity as Assoc. Vice President-, on behalf of such Halff Associates, Inc. , X❑ 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 ._R_01 day of JA111A(Ar , 2025. V P KRISTEN SWONKE 14 N:Notary Public,Stete of Texas Notary Public in and for the State of Texas Comm.Expires 01-15-2018 "','2 ,�s`` Notary ID 129306641 R\Scott\Contracts%Prutessional Services Template-Non Grant docx Aueement for Professional Services, Page 13 revised 6.12.24 0 ' ■■■ haLff ■ ■ City of Baytown/TIRZ#1 11/26/2024 Page 2 EXHIBIT SCOPE OF SERVICE We understand the project overview is as follows per information received from the City of Baytown/TIRZ#1 on 10/23/2024. The project is located southwest of the intersection of IH-10 and John Martin Road, south of the existing Bucee's, in the City of Baytown city limits. • A new regional detention pond on a tract of approximately 22 acres for a proposed commercial development with the potential for expansion by the City. We have developed the scope and fee based on experience in the City of Baytown. The following scope and fee include Survey, Engineering, Landscape Architecture, Permitting, Bidding and Construction Phase services. A. Boundary Survey Halff Associates will perform a boundary verification survey of the subject tract(s), which we will utilize in preparation of surveying and engineering deliverables for the project. The survey will be performed in substantial accordance with TSPS Category 1-B, Condition II requirements.This does not include the preparation of a separate survey map or ALTA survey suitable for title insurance purposes or for addressing Schedule B items. 1. Halff will obtain a City Planning Letter (CPL) and rely on the CPL regarding the existence of recorded easements, restrictions, and other matters of record affecting the subject property. 2. The property corners of the subject tract will be recovered and flagged. B. On-site& Goose Creek Topographic and Tree Survey Halff Associates will perform a topographic and tree survey of the subject tract as identified in red, pink and teal in Exhibit E. The following specific services will be provided: 1. Aerial or mobile LiDAR and conventional survey methods may be used for data collection. 2. Establish a minimum of two benchmarks. 3. Obtain a 100-foot grid on subject tract with limits being as followed: a. East will extend to centerline of John Martin Road, b. North will extend to edge of paving in Buc-ee's parking lot and the southern edge of IH-10 Frontage Road. c. Extend topo into adjoining properties 25-50 feet where applicable. 4. Locate above ground visible improvements. 5. Locate visible above-ground utility locations, either found by our surveyors or located for us by utility companies and/or other agencies. 6. Provide location, pipe size, (if possible) and invert elevation of existing storm drain and sanitary structures. Minimum of two structures per utility, if available. 7. Obtain flowlines and pipe sizes upstream and downstream of Goose Creek at IH-10. 8. Locate existing trees 6-inches diameter and greater. The client understands that certain species of trees may be difficult to identify, particularly in winter months, and the client Halff 114800 St. Mary's Ln., Suite 160 1 Houston, Texas 177079 Phone: 713.588.2450 ■ ■ haLff' OEM ■ ■ City of Baytown/TIRZ#1 11/26/2024 Page 3 should consider retaining an arborist to confirm the identification of certain trees in critical areas. 9. Process field collected data for field survey. 10. Perform quality control for survey requirements. 11. Prepare base map illustrating data collected above. 12. Include property ownership and boundary information. 13. Extract spot elevations, break lines and prepare triangulated irregular network into DTM. 14. Obtain break lines and spot elevations sufficient for 1-foot contour intervals. 15. Load 1-foot contour information. 16. Provide a Civil 3D cad file. C. Off-site Topographic Survey Halff Associates will perform a topographic survey of the offsite areas as identified in blue and yellow in Exhibit E. The following specific services will be provided: 1. Aerial or mobile LiDAR and conventional survey methods may be used for data collection. 2. Obtain a 100-foot grid on subject tract with limits. Extend topo into adjoining properties 25- 50 feet where applicable. 3. Locate above ground visible improvements. 4. Locate visible above-ground utility locations, either found by our surveyors or located for us by utility companies and/or other agencies. 5. Provide location, pipe size, (if possible) and invert elevation of existing storm drain and sanitary structures. Minimum of two structures per utility, if available. 6. Process field collected data for field survey. 7. Perform quality control for survey requirements. 8. Prepare base map illustrating data collected above. 9. Include property ownership and boundary information. 10. Extract spot elevations, break lines and prepare triangulated irregular network into DTM. 11. Obtain break lines and spot elevations sufficient for 1-foot contour intervals. 12. Load 1-foot contour information. 13. Provide a Civil 3D cad file. D. Offsite Easement Preparation Halff will prepare metes & bounds descriptions and accompanying easements for off-site parcels on an as-needed basis. The descriptions will be prepared in a manner acceptable for annexation, zoning, easement conveyance or other similar uses. Setting corner monuments for the parcels is not included in this proposal. Large, complex figures or those requiring additional field work to support, including on-site and/or off-site parcels,will require a additional scope and fee. Individual parcel exhibits shall be in pdf format, and shall be sealed, signed and dated by a Registered Professional Land Surveyor. E. Post Construction As-built Survey Halff will perform a post construction as-built survey of the proposed detention pond and outfall structure. The following specific services will be provided: Halff 14800 St. Mary's Ln., Suite 160 1 Houston, Texas 177079 Phone: 713.588.2450 haLff■ ■ City of Baytown/1 IRZ#1 11/26/2024 Page 4 1. Aerial or mobile LiDAR and conventional survey methods may be used for data collection. 2. Locate above ground visible improvements. 3. Locate visible above-ground utility locations, either found by our surveyors or located for us by utility companies and/or other agencies. 4. Provide location, pipe size, (if possible) and invert elevation of existing storm drain and sanitary structures. Minimum of two, if available. 5. Process field collected data for field survey. 6. Perform quality control for survey requirements. 7. Prepare base map illustrating data collected above. 8. Extract spot elevations, break lines and prepare triangulated irregular network into DTM. 9. Obtain break lines and spot elevations sufficient for 1-foot contour intervals. 10. Load 1-foot contour information. A. Coordination and Meetings 1. Conduct one (1) Project Kickoff Meeting with the Design Team and Client. 2. Halff will hold bi-weekly meetings/conference calls with the City, TIRZ #1, and Design Team during the design and permitting phase of the project to obtain information necessary to complete the design of the project. Halff will prepare and distribute meeting minutes following each meeting. 3. It is assumed that the design and permitting phase for each project will take approximately eight(8) months. 4. Direct and coordinate the various elements and activities associated with preparing the design. 5. Coordination with the Client and Design Team to obtain information necessary to complete this project, including: a. Title commitment b. Boundary information c. Preliminary site plan for the future/proposed development 6. Halff will contact CenterPoint to obtain as-built electrical and gas utility maps, AT&T to obtain as-built telephone conduit maps, and the City, County, and/or utility supplier to obtain as-built drawings for surrounding roadways and developments. 7. Provide ongoing quality assurance and quality control to ensure completeness of product and compliance with contract documents. 8. Additional meetings/coordination with the design team or regulatory agencies are included within specific tasks and are identified below. A. Data Collection Several documents were provided to the team by the City of Baytown, including: • Construction plans for the private development (Bucees) north of the project site. Halff 14800 St. Mary's Ln., Suite 160 1 Houston, Texas 177079 Phone: 713.588.2450 ' haLff ■■■ ■ ■ City of Baytown/TIRZ#1 11/26/2024 Page 5 • The City's most recent set of specifications, details and plan set requirements. The Goose Creek model produced by Harris County Flood Control District (HCFCD) and available online will be the baseline for this modeling effort. Halff will obtain and review any additional available data for the project area. This includes, but is not limited to, additional plans, models, and reports. Examples include: • Any other previous planning or drainage studies in the area. • Design plan sets for the development. • Improvement plans along Goose Creek potentially proposed by HCFCD. • The watershed protection limits, submitted as a shapefile. The Halff team will perform one (1) field reconnaissance visit to observe existing conditions and understand existing drainage patterns. The team will prepare a Field Observation Report (FOR) to document site visit findings. In addition, data will be collected through the following means: • Digital data, including lidar, property boundaries,floodplain information,record drawings, and other applicable information. • Information provided by the developer working concurrently on the project, such as the proposed land use and public utility locations. • Survey, subsurface utility, and environmental assessments done by other teams as part of this scope. Data Collection Deliverable: • Results of data collection efforts, including the FOR, included in the drainage report B. Alternatives Analysis The final site layout and design of the proposed tract has not yet been determined. Task B will focus on communicating with the City of Baytown, TIRZ 1, and the site developer/engineer to help propose different detention pond layouts and configurations that will optimize drainage at the site. Halff will create a concept-level assessment of potential drainage layouts that include conveyance and stormwater detention. Specific tasks will include: • Develop hydrology and hydraulic (H&H) models utilizing Atlas 14 rainfall. The area will be analyzed using the latest Harris County Flood Control District PCPM.The 2-, 10-, and 100-year storm events will be modeled. • Determine preliminary grading to calculate the detention volume that can be required at the site. • Create an alternatives analysis for the proposed pond locations. Analyze up to three (3) proposed pond options. Consideration will be given to the most current land plan, potential environmental and other constraints in the project area. In addition, the evaluation will make sure that there are no negative impacts downstream and sufficient detention is provided at the site. • Multiple layouts of the potential drainage conveyance and detention areas. It is assumed that the proposed outfall will be directly into Goose Creek. However, another outfall location may be needed and will be investigated as part of this effort. • Evaluate the existing pond as a potential mitigation site as one of the up to three alternatives. Determine the additional stormwater volume available if the pond was expanded and regraded. Halff 114800 St. Mary's Ln., Suite 160 1 Houston, Texas 177079 Phone: 713.588.2450 0 ' ■■■ f zw ■ ■ City of Baytown/TIRZ#1 11/26/2024 Page 6 • Internal meetings with the land development team to discuss viable options for detention. • A presentation to the developer, the TIRZ and the City to discuss conceptual findings and determine the preferred drainage layout for the project area. • Utilize Halff's internal QAQC documentation to perform reviews of the deliverables. Include QAQC forms with the deliverables. Alternatives Analysis Deliverable: • Potential drainage layout exhibits • An alternatives analysis for the proposed pond locations • Completed QAQC forms C. Drainage Impact Analysis and Reports Based on the preferred detention placement identified in Task B, the proposed conditions modeling for the preferred layout will be evaluated. External agency approval will be required by the Harris County Flood Control District (HCFCD) and may be required by the Federal Emergency Management Agency(FEMA). HCFCD will require a drainage impact analysis, and FEMA may require a Letter of Map Revision (LOMR). This task will include the following: • Delineate existing and proposed conditions drainage areas and prepare associated drainage area maps. • Develop hydrology and hydraulic (H&H) models for existing and proposed conditions based on the latest HCFCD guidance documents. • Create a drainage report summarizing the assumptions, methodologies, and conclusions. The report shall consist of a narrative, exhibits, and other supporting documentation (tabular data or appendices). • Utilize Halff's internal QAQC documentation to perform reviews of the deliverables. Include QAQC forms with the deliverables. For HCFCD Drainage Impact Analysis The team will complete a mitigation evaluation that compares existing and proposed peak flows from the site. The team will verify that sufficient mitigation volume is provided to ensure no adverse impact to Goose Creek based on Harris County Flood Control (HCFCD) criteria. Specific tasks include the following: • Complete a comparison of peak discharges and water surface elevations to determine if there is any adverse impact in the vicinity of the project. • Coordinate with HCFCD to discuss proposed improvements to Goose Creek. • Submit the drainage report to HCFCD. The drainage report shall be prepared in accordance with the latest HCFCD PCPM. • Address up to two (2) rounds of comments from HCFCD. For FEMA LOMR If the project meets the thresholds for a Letter of Map Revision (LOMR), submission to the Federal Emergency Management Agency (FEMA) will be required after construction. If this tract requires a LOMR, at the conclusion of this analysis, a Special Flood Hazard Area map and report will be prepared for submission to FEMA. This document will be submitted to HCFCD and the floodplain administrator for review prior to submission to FEMA. It is assumed Halff 14800 St. Mary's Ln., Suite 160 1 Houston, Texas 177079 Phone: 713.588.2450 M ' haLffµ ■ ■ City of Baytown/TIRZ#1 11/26/2024 Page 7 that the drainage report prepared previously under Task C will be sufficient for submission under this task. Tasks will include: • Final cleanup and preparation of the data for submittal. • Map the Zone AE delineations (100-year and 500-year floodplain delineations with Base Flood Elevations)within the floodway. • Submit the LOMR package electronically for review.This task includes addressing up to two (2) rounds of comments for the final completion of the LOMR. • Submission to FEMA for approval. • Task includes public notification via individual property owner letters or publication in a local newspaper. Drainage Impact Analysis and Reports Deliverable: • Drainage impact analysis (including modeling and proposed detention rates) • Drainage impact reports (draft and final versions) • Technical memorandum for submittal to HCFCD, including addressing up to two (2) rounds of comments • LOMR package submission to FEMA, including addressing up to two (2) rounds of comments • Completed QAQC forms IV. CIVIL ENGINEERING SERVICES A. Detention Pond Construction Drawings 1. Halff will prepare a detention plan that meets the requirements of Harris County Flood Control District (HCFCD), Harris County and the City of Baytown. This includes all detention rate and volume calculations(as determined in Section III of this proposal),outfall structure design, pilot channel, typical section and details required for construction. 2. It is assumed that the detention system will be a traditional gravity-drained detention pond which will outfall to Goose Creek. 3. Halff will layout the proposed detention pond based on the survey, preliminary site plan provided by the City, and drainage analysis results. Upon final approval of the detention pond layout, a grading plan will be prepared. This plan will be suitable for construction and will show existing ground contour lines (as included with the survey) and proposed spot elevations needed to grade the site for drainage. 4. Halff will prepare final dirt calculations. The direct calculations will exclude utility spoils and will be based on a 1.5 fill factor, unless told otherwise by the Client. It is assumed excess material will be stored on site for future development. Halff will coordinate a utility spoils location with the Client and the property owner. 5. Produce, in concert with the grading plan and drainage analysis, a drainage plan, which will meet the requirements of the Client, Harris County, HCFCD and City of Baytown. The construction drawings will indicate proposed storm sewer stubs to the future development site, inlets, storm sewers, flumes, swales, headwalls, and other drainage features that are necessary. Profiles of storm sewer improvements and the outfall into Goose Creek are included in this task. Halff 14800 St. Mary's Ln., Suite 160 1 Houston, Texas 177079 Phone: 713.588.2450 ■■S haLff■■■ City of Baytown/TIRZ#1 11/26/2024 Page 8 6. An overall drainage area map will be prepared. The drainage area map will delineate drainage areas and storm sewer runoff data for the proposed detention pond, future development area and adjacent properties that may affect drainage of this site. 7. Halff will prepare a planting plan to address sod and hydro mulch for the pond banks and pond basin. Two sod strips will be proposed on 20' maximum spacing to retain the application of hydro mulch between the sod strips. Proposed sod strips to begin at the top of bank and equally offset to the toe of slope or normal water surface elevation. The planting plan will be submitted to Client for review and approval prior to providing final construction documents. Applicable details and specifications will be included as part of the construction document submittal. 8. This task does not include: a. Design of or coordination for the design of a storm water pump station or underground storm sewer. If there is not sufficient depth to allow for a gravity flow system, additional scope and fee will be required. b. Structural design of retaining walls, review of walls designed by others, nor inclusion of structural details of any kind on this site. If structural engineering is needed for design of retaining walls or other structural elements, Halff can provide a fee based on the scope. c. Extensions of off-site storm sewers. d. Drainage infrastructure for the future development. The proposed drainage plan will provide stubs to the future development for connection. e. Permanent irrigation design or review of irrigation plans prepared by others. It is assumed the contractor will utilize temporary irrigation for turf reestablishment only. B. Storm Water Quality Management Plan (SWAMP) 1. This task includes the preparation of a Storm Water Quality Management Plan and report to be submitted to City of Baytown for review and approval. Since this project disturbs more than one (1) acre, the City requires that permanent measures be installed that remove debris and potential pollutants from site runoff before it enters the publicly owned storm sewer system. 2. This task includes initial installation inspection and certification. Annual renewals or certifications are not included. C. Erosion /Sedimentation Control Plan & Stormwater Pollution Prevention Plan (SWPPP) 1. Prepare one erosion control sedimentation plan in conjunction with the pond site and drainage design.This task is for the preparation of design drawings and associated details to be included in the SWPPP. 2. Halff will prepare a (SWPPP)and report for the Clirent. This task includes preparation of the report, required drawings and details, and required application and forms. Halff will prepare the Notice of Intent(NOI)and Notice of Termination (NOT). All documentation will be provided to the Client and Contractor for submittal to the TCEQ for approval and to maintain onsite during the course of construction. It will be the responsibility of the Contractor to maintain all required storm water pollution prevention measures and keep records of all required documentation such as inspection reports, maintenance records, etc. D. Bid Documents 1. Halff will create a project manual including front end documents, provided by the Client, construction drawings, applicable reports and construction specifications. Construction Halff 14800 St. Mary's Ln., Suite 160 1 Houston, Texas 177079 Phone: 713.588.2450 ■■■ haLff � ■ ■ City of Baytown/TIRZ#1 11/26/2024 Page 9 specifications will also be included on the construction drawings. Halff will reference City of Baytown, Harris County and Harris County Flood Control District specifications,standard notes, and standard details. 2. This task does not include the preparation of written civil specifications for standard items addressed in City or County standard specifications. If required, Halff will provide specifications for specialized civil items. If written specifications are required, a revision to the scope and fee will be necessary. A. Halff will submit the drainage analysis prepared under Section III of this proposal to the City, Harris County and Harris County Flood Control District for review and approval. Halff will meet with County staff, as required, during the review process to address comments or questions the agencies may have related to their review of the construction documents and to discuss unique details of this project. B. Halff will submit plans and reports prepared under Section IV of this proposal for City and staff review and comment at 30%, 60%, and 90% levels of plan completion. 1. Attend one (1) meeting with the City plan reviewers at each interim stage of construction document completion prior to the 100% plan submittal to discuss comments and plan changes related to development of the project and to document staff comments for use during preparation of subsequent plans. 2. Provide an opinion of probably construction cost at each interim stage of construction document completion. C. Provide project manual including specifications, SWPPP, construction documents, opinion of probable construction cost and bidder instructions in City standard format at the 90% completion stage. City of Baytown, Harris County, and/or Harris County Flood Control District specifications, standard notes and details will be utilized. D. Halff will submit the 90% construction documents to Harris County and Harris County Flood Control District. Halff will meet with County staff, as required, during the review process to address comments or questions the agencies may have related to their review of the construction documents and to discuss unique details of this project. E. After 90% comments (City, HC, and HCFCD) have been addressed, Halff will prepare and submit 100% plans, project manual and opinion of probable construction cost prepared under Section IV to the City, Harris County and Harris County Flood Control District for final permit approval. Approved plans and project manual will be submitted to City staff for use during the bidding/construction phases of the project. Halff shall assist the Client in the one-time procurement and award of construction to a qualified lowest and best bid contractor by performing the following tasks: A. Halff will aid staff in the preparation of bid packets consisting of project specifications and plans, line-item identification and bid form formatting, and by utilizing front-end documents preferred by the Client. The bid packets will be provided to the Client for uploading to the Client's selected method of bidding (ex: CivCast, Public Purchase, etc.). B. Provide assistance during the bidding phase by answering technical questions from contractors and attending a pre-bid meeting with the Client. The Client shall facilitate the meeting and set the meeting date, time and location. C. Halff will issue addendums, as needed, for bidder clarifications. Halff 14800 St. Mary's Ln., Suite 160 1 Houston, Texas 177079 Phone: 713.588.2450 ■■■ haLffN City of Baytown/TIRZ#1 11/26/2024 Page 10 D. Receive tabulated contractor bids in spreadsheet format from the Client for review. Prepare selected bidder evaluations based on bid cost submissions and other criteria identified by the Client. Prepare a letter of contractor recommendation for the Client's use.The Design team will not evaluate Contractor financial statements,or the validity of bonds supplied by the Contractor as a part of the bidding process. E. The Client will be responsible for issuing Notice to Proceed and bond coordination with the selected contractor. A. Submittal Review 1. Review and provide written responses to contractor submittals and RFI's on the civil construction drawings and specifications prepared by Halff. 2. Review material testing reports and notify the Client and Contractor if any tests are out of compliance with the approved construction drawings and specifications. 3. Review of contractor pay applications and change order requests. B. Meetings (During Construction) 1. Halff will facilitate a pre-construction meeting prior to the start of construction to review the project schedule, project phasing, submittals and review general construction coordination items. Halff will prepare meeting minutes and distribute to all parties for review and acceptance. 2. Attend bi-weekly construction meetings, in person or virtually, during construction. These meetings shall be coordinated with the Client and the contractor. Contractor to prepare meeting minutes for each meeting and submit to the Client and Halff for review and agreement. Construction is estimated to be six (6) months (12 meetings). Additional meetings will be billed on a time and materials basis. 3. Conduct one (1) walk-thru of the project for substantial completion, issue punch list for incomplete items necessary for completion. 4. Conduct one (1) final punch walk to verify completion of substantial completion punch list items. 5. During on-site meetings, Halff will monitor the status and quality of civil construction and determine in general if the construction is proceeding in accordance with the intent of the design and construction documents. On the basis of observations, while at the site, the Consultant will keep the Client informed of the progress of the civil construction and may recommend to the Client a rejection of the contractor's work should it fail in compliance with the contract documents. C. Prepare As-built Plans 1. Halff will prepare as-built plans per the City of Baytown requirements. The as-built drawings will be a sealed engineering plan set noting modifications by addendum, change orders, field changes and as-built information provided by the contractor. This will be prepared in addition to a full as-built survey. ADDITIONAL A. Subsurface Utility Engineering (SUE) 1. Should the design team feel the project could benefit from SUE services, Halff will review an appropriate scope with the team. However, if pipeline crossings are required, SUE work will be required, Once the scope is determined, a fee will be provided. There are varying levels of SUE services. Below is a synopsis of each quality level. Halff 114800 St. Mary's Ln., Suite 160 1 Houston, Texas 177079 Phone: 713.588.2450 ■■E haLff■■■ City of Baytown/TIRZ#1 11/26/2024 Page 11 a. Quality Level-A: Precise horizontal and vertical location of utilities obtained by the actual exposure (or verification of previously exposed and surveyed utilities) and subsequent measurement of subsurface utilities, usually at a specific point. Minimally intrusive excavation equipment is typically used to minimize the potential for utility damage. A precise horizontal and vertical location, as well as other utility attributes, is shown on plan documents. b. Quality Level-B: Information obtained through the application of appropriate surface geophysical methods to determine the existence and approximate horizontal position of subsurface utilities. Quality Level-B data should be reproducible by surface geophysics at any point of their depiction. This information is surveyed to applicable tolerances defined by the project and reduced onto plan documents. B. Geotechnical Services Halff will subcontract with a geotechnical firm to provide geotechnical engineering services to determine soil conditions at the project site and to develop construction recommendations for improvements included in the project. Halff will receive and review the geotechnical engineering report for design recommendations of paving (slope paving, pilot channel, emergency spillway, etc.)and detention pond side slopes. The location of the detention pond is unknown at the time of this proposal. Once the general location of the detention pond and outfall location are known, Halff will procure a proposal from a geotechnical firm to perform the work. The fee provided is an allowance and is subject to change. Halff 14800 St. Marys Ln., Suite 160 1 Houston, Texas 177079 Phone: 713.588.2450 ' ' haLff■ ■ City of Baytown/TIRZ#1 11/26/2024 Page 12 ASSUMPTIONS AND EXCLUSIONS 1. No variance requests will be required. 2. The project will be permitted and developed in one phase. 3. No coordination with a municipal utility district (MUD), improvement district, FEMA or USACE will be required. 4. There are no known environmental issues on the property. 5. No coordination with pipeline companies will be required. 6. Detention pond maintenance access from John Martin will be provided by others. 7. The City of Baytown will provide any additional information (models, reports, etc.) it has that are relevant to the analysis. 8. The land use type and layout of the development will be known at the time the H&H team is engaged and will not have significant changes that require a redo of the Alternatives Analysis. 9. HCFCD's Goose Creek model will be sufficient to use for modeling in this area. 10. The proposed detention pond will not include any amenities or pedestrian trails/sidewalks. 11. The proposed detention pond will be a dry bottom, gravity flow pond. 12. Survey Assumptions: a. Vertical datum will be NAVD88 (Geoid 18) unless otherwise specified by others prior to the commencement of the project. b. The survey can be performed utilizing a combination of conventional and GPS (utilizing VRS and RTK means). c. CADD deliverable will be in surface coordinates based on Texas State Plane Coordinate System of 1983 (NAD83/South Central Zone) utilizing a grid to surface scale factor of 1.00013 scaled about 0,0 unless otherwise requested. d. Fees are contingent upon performing all survey scope items except the post construction as- built concurrently. e. Sufficient boundary monumentation needed to control the survey is recoverable, and in good condition. f. There are no encroachments, overlaps, gores or other issues affecting the boundary lines. g. Halff will perform research of adequate thoroughness to support the determination of the location of intended boundaries of the land parcel surveyed and will obtain deeds of record for adjoining properties based upon current tax maps. h. Chainsaw use may be necessary for site-line clearing, and the client authorizes cutting of underbrush and small trees for this purpose. i. The client will provide any permission necessary for access on adjoining properties to gather topographic or boundary information that may be required. j. Halff will address one round of client review comments or revisions on each the survey. Subsequent revisions will be charged as Additional Services at our standard hourly rates. k. This proposal does not include research efforts normally performed by a title company. 1. Research outside the original scope of this proposal; using a different surveyor's certificate; or changes made to the survey after completion (if so required), will be charged as Additional Services at our standard hourly rates. m. Return trips to reset damaged control points or property corners. n. Obtaining Right-of-Entry for adjoining tracts listed above, client to obtain. Halff 114800 St. Mary's Ln., Suite 160 Houston, Texas 177079 Phone: 713.588.2450 0 ' ■■■ halff M City of Baytown/TIRZ#1 11/26/2024 Page 13 • 1. Geotechnical Investigation, Quality control and material testing services during construction 2. Water and sewer utility design 3. Environmental Site Assessments 4. Federal or state agency permitting, including USACE 5. Traffic signal design and warrant study 6. Additional site visits excepted as noted herein 7. Meetings or presentations not specified herein; additional meetings will be billed at an hourly rate. 8. Pipeline Company coordination 9. Revisions to plans requested by the Owner after the plans are approved 10. Permit fees, filing fees, pro-rated fees, impact fees and taxes 11. Design of electrical, gas, telephone, or other utility improvements 12. Full-time construction inspection 13. Engineering Certificates 14. Attendance or preparation for meetings and public hearings 15. Construction staking 16. Storm sewer lift station or pump design 17. Well and/or septic design 18. Texas Department of Licensing and Regulation Review for ADA Compliance 19. Environmental Services &Assessments not specified herein 20. TCEQ NOI Permitting 21. Pavement design beyond the recommendations provided by the geotechnical engineer contracted by the Owner for consulting services on this development. 22. Preparation or submittal of documents to support Section 404 permitting is not included in this scope. This includes independent supporting studies such as cultural resources surveys or assessment of impacts to threatened and endangered species. Should the permitting be required, an additional scope of work would be needed. 23. Tree Survey and/or Tree Protection Plan 24. Subsurface Utility Engineering (SUE), except as specifically noted 25. Design for relocation, adjustment and/or demolition of existing improvements or infrastructure not already included in the scope. 26. Design of any off-site facilities or utility extensions off-site except as noted herein. 27. The Design Professionals shall not be required to execute any documents subsequent to the signing of this Agreement that in any way might in the sole judgment of the Design Professional, increase the Design Professional's risk or the availability or cost of his or her professional or general liability insurance. 28. Fence foundation design or Light Pole foundation design. 29. Fence/Gate Design including but not limited to motor design, power, fire department knox box coordination, card/voice remote entry device. 30. Design of retaining walls or design of landscape/decorative type retaining walls. 31. Quantity take-offs and/or Engineer's Statement of Probable Construction Cost for on-site improvements. 32. Bidding Services. 33. Gas Line or Electric Line Relocations 34. TxDOT driveway and/or drainage permits 35. Permit submittal, except as specifically noted Halff 114800 St. Mary's Ln., Suite 160 1 Houston, Texas 177079 Phone: 713.588.2450 ! e e o e e o 0 0 0 0l0 0 0 0 0 0 0 o e o o e o 0 o e o ci c Co• e o e po s le e a ;g e $ d e e e d N O N O N N N O N y N q N N A Amy N 011.1. 1. 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H .>Q D7 x W 4J OF Now 0 ' ■■■ haLff ■ City of Baytown/TIRZ#1 11/26/2024 Page 16 EXHIBIT C HIGH LEVEL/PRELIMINARY SCHEDULE PROJECT SCHEDULE Survey 45 days from Notice to Proceed Drainage Analysis 90 days from Notice to Proceed Presentation of Options to City 60 days from Notice to Proceed Finalize Drainage Analysis 90 days from Approval of Option Submit 30% Plans 30 days from receipt of Survey and Selection of Pond Option Submit 60% Plans 30 days from receipt of 30% comments from City Submit 90% Plans 30 days from receipt of 60% comments from City Submit 100% Plans 30 days from receipt of 90% comments from City & County Bid &Award Phase Estimated 75 days from advertisement Construction Phase Estimated 180 days from Contractor's Notice to Proceed *Schedule calendar days excludes City and County review time/days and is subject to change. Project schedule should be reviewed and agreed upon prior to execution of the contract. Halff 114800 St. Mary's Ln., Suite 160 1 Houston, Texas 177079 Phone: 713.588.2450