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HomeMy WebLinkAboutOrdinance No. 16,444 (Item 7.f.) ORDINANCE NO. 16,444 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH DECON, LLC. FOR ENGINEER DESIGN SERVICES FOR THE RENOVATION/RELOCATION OF THE MOSQUITO CONTROL BUILDING PROJECT;AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED EIGHTY-ONE THOUSAND NINE HUNDRED EIGHTY-TWO AND NO/100 DOLLARS($81,982.00); 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 DECON, LLC., for engineering design services for the Renovation/Relocation of the Mosquito Control Building 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 DECON, LLC in an amount not to exceed EIGHTY-ONE THOUSAND NINE HUNDRED EIGHTY-TWO AND NO/100 DOLLARS ($81,982.00) for professional services in accordance with the agreement authorized in Section 1 hereinabove. Section 3: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative to of e City ncil of the City of Baytown this the 9th day of April, 2026. CHARLES JOHNSON, MAYOR ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: SCOTT LEMOND, City Attorney R:\Ordinances and Resolutions\Ordinance Drafts\2026-04-09\Ordinance approving PSA with DECON for Mosquito Control Building.kh.docx EXHIBIT A AGREEMENT FOR CONSULTING SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This Agreement (this "Agreement") is entered into by and between DECON, LLC (hereinafter "Consultant") and the City of Baytown, a home-rule municipality located in Harris and Chambers Counties, Texas (the "City"). 1. Scope of Services/Consultant Fees a. This Agreement authorizes Consultant to perform engineering design services for the Renovation/Relocation of Mosquito Control Building (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 or his designee and (if not terminated in accordance with paragraph 10) shall terminate: ❑x 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 or his designee,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 or his designee, 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 fees 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 arid 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 1 i. Engineering Design Services $81,982.00 ii. N/A $0.00 iii. N/A $0.00 iv. N/A $0.00 v. N/A ...$0.00 vi. Total Not to Exceed $81,982.00 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. 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. Agreement for Professional Services,Page 2 revised 3.9.2026 3. Personnel of Consultant a. Consultant's Project Manager Consultant shall designate Joseph Duron, 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 Engineers 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. 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. Agreement for Professional Services,Page 3 revised 3.9.2026 b. Codes and Standards i. All references to codes, standards, environmental regulations and/or material specifications shall be to the latest revision, including all effective supplements or addenda thereto, as of the date that the requestor for Work is made by the City. ii. The Work shall be designed and furnished in accordance with the most current codes and/or standards adopted by city, state, or federal government or in general custom and usage by the profession and shall comply with Texas Department of Licensing and Regulation's rules and regulations. iii. The codes and standards used in the profession set forth minimum requirements.These may be exceeded by the Consultant if superior methods are available for successful 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. 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. Agreement for Professional Services,Page 4 revised 3.9.2026 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. b. The following shall be applicable to all policies of insurance required herein. i. Insurance carrier for all liability policies must have an A.M. Best Rating of A:VIII or better. Agreement for Professional Services,Page 5 revised 3.9.2026 ii. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. iii. Liability policies must be on occurrence form. Errors and Omissions can be on claims-made form. iv. Each insurance policy shall be endorsed to state that coverage shall not be suspended,voided, canceled or reduced in coverage or in limits except after thirty (30) days prior written notice by mail, return receipt requested, has been given to the City. v. The City, its officers, agents and employees are to be added as Additional Insureds to all liability policies, with the exception of the Workers' Compensation and Errors and Omissions Policies required herein. vi. Upon request and without cost to the City, certified copies of all insurance policies and/or certificates of insurance shall be furnished to the City. vii. Upon request and without cost to the City, loss runs (claims listing) of any and/or all insurance coverages shall be furnished to the City. viii. All insurance required herein shall be secured and maintained in a company or companies satisfactory to the City, and shall be carried in the name of Consultant. Consultant shall provide copies of insurance policies and endorsements required hereunder to the City on or before the effective date of this Agreement. 8. Indemnification and Release CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND . EMPLOYEES (HEREINAFTER REFERRED TO AS THE "CITY") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES,'.CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR FOR ANY.BREACH OF CONTRACT TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE PROFESSIONAL OR THE CONSULTANT'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE CONSULTANT EXERCISES CONTROL (COLLECTIVELY, CONSULTANT'S Agreement for Professional Services,Page 6 revised 3.9.2026 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. 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. Agreement for Professional Services,Page 7 revised 3.9.2026 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 or his designee to Consultant of the City's election to do so. Furthermore,the City may immediately and without notice terminate this Agreement if Consultant breaches this Agreement. A breach of this Agreement shall include, but not be limited to, the following: (a) failing to pay insurance premiums, liens, claims or other charges; (b) failing to pay any payments due the city, state, or federal government from Consultant or its principals, including, but not limited to, any taxes, fees, assessments, liens, or any payments identified in this Agreement; (c) the institution of voluntary or involuntary bankruptcy proceeding against Consultant; (d) the dissolution of Consultant; (e) refusing or failing to prosecute the Work or any separable part with the diligence that will ensure its completion within the time specified in this Agreement; (f) failing to complete Work within the time period specified in this Agreement; and/or (g) the violation of any provision of this Agreement. Upon delivery of any notice of termination required herein, Consultant shall discontinue all services in connection with the performance of the Agreement. Within ten (10) days after receipt of the notice of termination, Consultant shall submit a final statement showing in detail the services satisfactorily performed and accepted and all other appropriate documentation required herein for payment of services. At the same time that the final statement is tendered to the City, Consultant shall also tender to the City's Representative all of Consultant's instruments of service, including all drawings, special provisions, field survey notes, reports, estimates, and any and all other documents or work product generated by Consultant under this Agreement, whether complete or not, in an acceptable form and format together with all unused materials supplied by the City. No final payment will be made until all such instruments of service and materials supplied are so tendered. If this Agreement is terminated for cause, Consultant shall be liable for any damage to the City resulting therefrom. This liability includes any increased costs incurred by the City in completing Consultant's services. The rights and remedies of the City in this section are in addition to any other rights and remedies provided by law or under this Agreement. 11. Records Within ten (10) days of the City's request and at no cost to the City, the City will be entitled to review and receive a copy of all documents that indicate work on the Project that is subject to this • Agreement. 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. Agreement for Professional Services,Page 8 revised 3.9.2026 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 Cityy 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 p this Agreement has a value of One-Hundred Thousand Dollars ($100,000.00) or more, Consultant makes the following verifications in accordance with Chapters 2271 and 2274 of the Texas Government Code: a. the Consultant does not boycott Israel and will not boycott Israel during the term of the contract to be entered into with the City of Baytown; b. the Consultant does not boycott-energy companies and will not boycott energy companies during the term of the contract to be entered into with the City of Baytown; and c. the Consultant does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association. 16. Governing Law This Agreement has been made under and shall be governed by the laws of the State of Texas. The parties further agree that performance and all matters related thereto shall be in Harris County, Texas. Agreement for Professional Services,Page 9 revised 3.9.2026 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: DECON, LLC 2 Riverway Drive Unit 650 Houston, Texas, 77056 Each party shall have the right from time to time at any time to change its respective address and each shall have the right to specify a new address, provided that at least fifteen (15) days written notice is given of such new address to the other party. 18. No Third-Party Beneficiary This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit Consultant and the City only. No person or entity not a signatory to this Agreement shall be entitled to rely on 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. 19. No Right to Arbitration Notwithstanding anything to the contrary contained in this Agreement, the City and Consultant hereby agree that no claim or dispute between the City and Consultant arising out of or relating to this Agreement shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. Agreement for Professional Services,Page 10 revised 3.9.2026 20. Waiver No waiver by either party to this Agreement of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same tern or condition. 21. Complete Agreement This Agreement represents the entire and integrated agreement between the City and Consultant in regard to the subject matter hereof and supersedes all prior negotiations, representations or agreements, 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. 22. No Assignment Consultant may not sell or assign all or part interest in this Agreement to another party or parties without the prior express written approval of the City Manager or his designee of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City. 23. Headings The headings used in this Agreement are for general reference only and do not have special significance. 24. Severability All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 25. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 26. Authority The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. Agreement for Professional Services,Page 11 revised 3.9.2026 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 or his designee of the City of Baytown. CITY OF BAYTOWN (Signature) (Printed Name) (Title) ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: (Signature) (Printed Name) (Title) Agreement for Professional Services,Page 12 revised 3.9.2026 CONSULTANT: DECON, LLC (Signature)y / Fulvio Jaramillo (Printed Name) President (Title) STATE OF Texas § COUNTY OF Harris § Before me on this day personally appeared Fulvio Jaramillo , in his/her capacity as President , on behalf of such DECON, LLC n known to me; ❑ proved to me on the oath of ; or n 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 20 day of March , 2026 . ��pY PV�ii ADRIANA GONZALEZ °i •E Not ary Pubtc,St ate 0t Texas .4r-i�1",,IC,Jt�/JO�' - �+'^=Com.Expires 09-26-2029 1 1U n}Q e3 C �''�i;;,°,;,�`.`�` Notary ID 133932404 Notary Public in and for the State of Texas R:\Scott\Contracts\Professional Services Template-Non Grant.docx Agreement for Professional Services,Page 13 revised 3.9.2026 ,'mayT ;'.PDF1CONStructural Engineering March 5,2026_REVO2 City of Baytown I Capital Improvement Projects 2123 Market Street, Baytown,Texas 77520 Attn. Rafael Errisuriz(Ez)-Assistant Director of Public Works and Engineering Re:City of Baytown Mosquito Control Building-Civil&Structural Engineering Services—Scope and Fee EXHIBIT A—SCOPE OF WORK The Consultant shall provide comprehensive civil engineering services and structural engineering design services for the City of Baytown Mosquito Control Center located at 1200 Lee Drive, Baytown,Texas. The Consultant shall provide structural engineering services limited to the design of the foundation system for a new one-story prefabricated metal shell administrative building of approximately 3,000 SF,as shown in Figure 1 for the approved site and program exhibit. L "t1,1 7 ram` -. t' tiff 17 „=Y 1' F .-••'' \, •` 761 eyA _ J '0 , h45i �" 1 �'.74 s -• r Ri J } I% fit *+•' • ,1 - ' k-: 1. _ • -- t iiAS— 1-BUILD NEW Vr' ! I _k \y I 41'5`.. . I v. , ADNIIN bLO AT IT'S - 3 "c• �'VI ; i R +` .+ 'i AEA.d(1V�SIOR;'iGc I yy • °�' *� E'DG 1 K I• ► t ;� ... • $it, . t t EXPAND PARi<'�'.1r3 Nii, { ■ , t ' _ t PHASE 1- ' } t;' �-"" i , . EXISTING TO ;• ti,,, r t ~~ p REMAIN ,: efie r ;i:?� p 1' 14 �,t'' 1 tia .,' �r: E* .r• ` 1 1 if �} , 1 Y ; ,. .. • ,...`l 1 e-Y'- ` T ' t , 4 • a _ Cam._. .4 ..�..- • .1,„:--__2:. _IA Figure 1.Proposed Building Location. Structural Foundation Design Structural engineering services shall be limited to the design of the building foundation system required to support the prefabricated structure,with an approximate gross area of 3,000 square feet,in accordance with City of Baytown requirements, the 2015 International Building Code (IBC), and other applicable codes and standards. 2 Riverway Dr,Unit 650.Houston,TX 77056 0:+1 832-917-0912 www.deconeng.com DF,CO 2,4' Structural Engineering The structural scope includes the following services related to the foundation system only: - Foundation design - Coordination of foundation and slab elevations with civil grading plans. - Preparation of Foundation Plans and Structural Details. - Structural General Notes. - Structural calculations supporting the foundation design based on loads and reactions provided by the prefabricated building manufacturer and the geotechnical recommendations Coordination with architectural layouts and program requirements. - Assist the City in coordinating with the prefabricated metal shell manufacturer to obtain the required loads for the foundation design. - Shop drawing review limited to verification of compliance with the foundation design only. The foundation design will be based on building loads, reactions, and technical information provided by the prefabricated building manufacturer,as well as on the available geotechnical information. The design of the building superstructure, including, but not limited to,framing,walls, roof systems, lateral force-resisting systems,and all connections above the foundation, is expressly excluded from the Consultant's scope of_services and shall be the responsibility of the prefabricated building manufacturer. Mechanical,Electrical,and Plumbing(MEP) The Consultant's scope includes coordination and integration of MEP design services for the proposed one- story prefabricated administrative building of approximately 3,000 square feet. The MEP scope includes, but is not limited to,the following tasks and deliverables: • Mechanical systems - Air Conditioning - Heating&Ventilating - Exhaust Systems - Controls systems - HVAC provisions for owner equipment and fire separation: o Client is to locate all anticipated high-heat equipment on the plans and provide it to the engineer as an electronic background. o Client is to locate all fire separation walls on the plans and provide them to the Consultant as an electronic background. Plans shall indicate rating as well as separation requirement(i.e. — occupancy separation,smoke barrier,fire, etc.) • Plumbing&Fire Protection Systems - Building Sanitary Drainage(to 5'-0" beyond building envelope). - Building Storm Drainage(to 5'-0"beyond building envelope). - Natural Gas Systems(to 5'-0"beyond building envelope). - Hot&Cold Water Systems. - Fire Sprinkler/Protection System (excluding sprinkler branch pipe layouts&sizing, head locations and hydraulic calculations—all provided by sub-contractor). - Piping provisions for owner equipment terminations. o Location of all point utility requirements to be detailed on drawings by others, these same drawings forming part of the plumbing/fire protection contract documents. Client is to establish quantity and provide the location of all equipment outlets and all plumbing fixtures on the plans and provide to the Consultant as an electronic background. 2 Riverway Dr,Unit 650.Houston,TX 77056 O.+1832-917-0912 www.deconeng.corn SeturaC Ogineering • Electrical Systems - Power to building lighting. - Normal power. - Fire Alarm System/Life Safety Systems:Consultant will prepare criteria for future Client selected vendor pre-engineered fire alarm drawings,specifications and catalog cuts. - Power for systems designed by others (as applicable) including owner equipment, lighting and exterior lighting, landscape lighting, and signage, interior design, telecommunications, audio/visual systems, PMS/POS,CATV,security, etc. - Location of all outlets and point utility requirements to be detailed on drawings by others,these drawings being provided to the Consultant to allow the Consultant to transfer/incorporate these requirements into the electrical contract documents. - Provisions for telecommunications to include back box, conduit, and pull string (for all low voltage systems designed by others including, but not limited to nurse call, data,CATV,security, PA,telephone, etc.). • Construction Documents • Preparation of coordinated Mechanical, Electrical,and Plumbing (MEP) construction documents for the proposed administrative building,including drawings and supporting documentation for the mechanical systems, plumbing and fire protection systems, and electrical systems described herein. These documents will incorporate the required utility connections and equipment provisions and will form part • of the project construction documents. The scope of the construction documents is limited to the systems and deliverables described herein. Site Utilities Site utility engineering services shall be provided in connection with the proposed prefabricated administrative building. Site Utilities scope includes,but is not limited to,the following tasks and deliverables: - Review of available survey information and existing utilities. - Identification and mapping of existing on-site utilities. - Connection locations for the proposed building related to the identification and coordination of utility connection locations for the proposed building, based on existing utility information and provided architectural and MEP layouts. Utility extensions and off-site improvements are excluded. - Development of utility quantities to support construction cost estimating. - Preparation of site Utility Plans,profiles(if required). Site utility design shall be limited to utilities located within the project site and up to the designated building connection points. Geotechnical Study The Consultant will provide a geotechnical study for this project,outlining the geotechnical parameters and providing recommendations for the foundation design of the new administrative building. The scope includes the following activities: - Geotechnical field exploration, including the drilling and sampling of two (2)soil borings to a depth of approximately 25 feet at locations representative of the proposed building footprint. - Performing laboratory tests and engineering analyses to develop an engineering analysis of subsurface conditions to provide geotechnical recommendations for proposed building foundation design. • 2 Riverway Dr,Unit 650.Houston,TX 77056 0:+1 832-917-0912 www.deconeng.corn DECOR Structural Engineering - Preparing a geotechnical engineering report summarizing: o Field exploration results. o Laboratory test data. o Subsurface conditions. o Foundation and site development geotechnical recommendations. Construction Engineering Services During construction,the Consultant shall provide overall engineering support and coordination consistent with the design intent of the Contract Documents. Services shall include: - Review of and written responses to RFIs related to the design documents and field conditions. - Review of design-related submittals and shop drawings for general conformance with the design intent. - Written responses to construction review comments related to the design. - Preparation of revised sealed drawing packages when required due to approved design clarifications or Owner- authorized modifications. - Two(2)site visits per discipline are included during construction.Additional.site visits beyond this amount shall be provided as Additional Services upon written authorization. Construction phase services are limited to the interpretation of the design documents and do not include redesign,change-order pricing evaluation,construction means and methods,contractor supervision, or expanded scope services unless authorized in writing as Additional Services. Construction phase services for each discipline shall be limited to the scope of services defined herein. Client responsibilities The Client shall provide the following information: • Site survey in CAD format.The survey shall also show the following: - Existing natural features, including but not limited to lakes,trees,and other vegetation,soils, and topography. - Existing buildings and structures,including dimensions, height,and use. - Existing utility lines and easements. - Location of the sanitary,storm sewer,and water line systems,with the existing depths and sizes. - Existing ground elevations(street and finished floor). The survey data provided by the Public Works and Engineering Department on behalf of the Client should be sufficient for the design for construction purposes and is not expected to require a signed and sealed document unless the City of Baytown expressly requests it. Deliverables: • Structural Foundation Design Plans TX PE sealed&stamped (PDF format,as required). • MEP design plans TX PE sealed&stamped(PDF format,as required). • Geotechnical report TX PE sealed & stamped (PDF format, as required) with the foundation recommendations of the new building. 2 Riverway Dr,Unit 650.Houston,TX 77056 0:+1 832-917-0912 www.deconeng.com DECON Structural Engineering Exclusions Items or services not explicitly listed in the scope of services are not included as part of this proposal, including: 1. Construction and materials testing. 2. Construction inspections and certifications. 3. Surveying services. • 4. Master plan that includes information supplied by an architect and landscape architect. 5. Traffic impact analysis and Visual Impact Analysis(VIA) 6. Photometric Plan. 7. Landscape Plan(Landscape and Open Spaces Areas). 8. Tree Survey and Tree Management Plan. 9. Irrigation plan. 10. Signage plans. 11. Communication and electrical lines assessment. 12. Lift station design. 13. Foundation loads calculation.These loads shall be provided by the manufacturer. 14. The analysis,design,fabrication/prefabrication,installation, and erection of the metal shell building. 15. Any other items or services not explicitly listed in the scope of services. • 2 Riverway Dr,Unit 650.Houston,TX 77056 0:+1 832-917-0912 www.deconeng.com DECON Structural Engineering Civil Engineering-Demolition of the Building to the North and Parking Lot Design. As a result of demolishing an existing storage building of approximately 11,000 SF,the existing parking lot will be expanded. The Consultant shall provide civil engineering services associated with the parking lot expansion. _ ;ter— A y 1( {' av I:F�� am C_..A L .G'�; a tr 1t � {� 'c_•`^yl • I.:i_ .r 'T i 0 u into rr r 4(1. .r i. GyQ � 7"fpiik RY ,'�p`�". fie- �f 3 b ./ V+ ` r ff}. '4 '� of t.."',4:,y 4'- '''.<. '''' F„1 -� _ '7 t-• 11 i ` "f1 '\ a • e -4a r ` errs 3�T L;Tl� � t +_ \ bgg, �� a. � .� 'i ,��.f<, '�`�'�.{�t \CI i} / if i 1) fin: A...tr,:....f. .., _ ._._ ' .t.. '.4 ' .. It_. 'Haft .114" ^'.'H i.Al'nc'._ M+.. 'p' The Consultant shall prepare civil engineering plans,TX PE sealed &stamped (PDF format, as required), and support documentation associated with the site improvements required for the proposed administrative building, including grading, drainage, paving,and the expansion of the existing parking lot resulting from the demolition of the existing storage building. The civil scope includes,but is not limited to,the following tasks and deliverables: • Preparation of civil plans at 30%,90%,and 100%design milestones. • Cover Sheet and Index of Sheets. • General Construction Notes. • Existing Conditions and Site Plan. • Grading Plan. • Drainage Plans,including supporting drainage calculations and spreadsheets. • Preparation of Storm Water Pollution Prevention Plan (SW3P) sheets in accordance with applicable regulations • Development of quantity take-offs to support construction estimating • Preparation of exhibits and drawings required for City of Baytown review and approval. • 2 Riverway Dr,Unit 650.Houston,TX 77056 0a+1832-917-0912 www.deconeng.corn DECON Structural Engineering EXHIBIT B—COMPENSA11ON AND FEES TASK Description PRIME-DECON SUB 1-CFI MEP SUB 2-GEOTEST SUBTOTALS Task 1-Project Management and Coordination (25 weeks) Total Labor Cost(Lump Sum) $13,372.00 $13,372.00 Task 2-Schematic Design(6 weeks) Total Labor Cost(Lump Sum) $ 7,088.40 $ 1,770.00 $ 8,858.40 Task 3-Geotechnical(8 weeks) Total Labor Cost(Lump Sum) $6,000.00 $ 6,000.00 Task 4.1-Design Development for Foundation,Site Utilities,MEP,and vendor coordination(6 weeks) Total Labor Cost(Lump Sum) $16,032.00 $ 5,050.00 $21,082.00 Task 4.2-Civil&Drainage Design Development for demolition of the building to the north and parking Total Labor Cost(Lump Sum) $16,539.60 $16,539.60 design(8 weeks) Task 4.3-Construction Documents(8 weeks) Total Labor Cost(Lump Sum) $ 7,030.00 $7,030.00 Task 5-Construction Engineering Services(14 months) Total Labor Cost(Specified Rate) $ 5,000.00 $ 4,100.00 $ 9,100.00 Total Labor Cost(Lump Sum) $53,032.00 $13,850.00 $6,000.00 $72,882.00 Total Labor Cost(Specified Rate) $ 5,000.00 $ 4,100.00 $ 9,100.00 Project Totals $58,032.00 $17,950.00 $6,000.00 $81,982.00 Service compensation The total service fee for the above-described scope is$81,982.00(Eighty-One Thousand Nine Hundred Eighty-Two Dollars) Notes a. This proposed fee excludes the obtainment and is not contingent on final approval by the Project's Owner or any government agency or private stakeholder related to the project. The Client agrees that the Consultant's Scope does not include the acquisition of approval by the Project's Owner or local authorities unless it is expressly stated in the Scope of Work/Services.Also,the Client recognizes that they shall not initiate any work or material purchases using the engineering information developed by the consultant until they obtain the corresponding approval and permits. b. This Fee is calculated based on the Man-hours effort required to develop the offered scope.Suppose the Client makes any decision or requests changes directly or indirectly, not attributable to the Consultant,causing additional design efforts. In that case,the Consultant reserves the right to pause the services and present a change order for the Client's approval. c. Task 5 represents an estimated allowance. Compensation for this task shall be based on the actual level of effort requested and authorized by the Client during construction. Payment terms: The Consultant will issue monthly invoices based on progress. ' StructuralEngineering N EXHIBIT B—COMPENSATION AND FEES RATES Mechanical, Electrical,and Plumbing(MEP) 2026 Category Hourly Rate Principal $ 273.00 Project Manager $ 220.50 Senior Engineer $ 199.50 Engineer $ 178.50 Senior Designer $ 168.00 Designer $ 152.25 Cad Technician $ 105.00 Technical Support $ 89.25 RATES Structural Foundation Design and Civil&Drainage Design Development for demolition 2026 Category Hourly Rate Principal $ 330.00 Department Manager $ 201.00 Project Manager $ 145.00 Quality Control $ 120.00 Task Leader $ 120.00 Project Engineer $ 105.00 Cad Technician $ 105.00 Notes: The above rates are applicable through December 31, 2026.We would anticipate an average increase of approximately five percent(5%) per annum.These rates are reviewed annually. We bill in one half hour increments. 2 Riverway Dr,Unit 650.Houston,TX 77056 0:+1 832-917-0912 www.deconeng.com • DECOI\ Structural Engineering • EXHIBIT C—SCHEDULE Design Phase Duration The foundation design,site utilities, MEP design,and civil engineering services related to the demolition of the existing building and expansion of the parking lot are expected to take between twenty-five(25)weeks following approval of this proposal and receipt of the required information as outlined in Exhibit A. All disciplines will be developed simultaneously and integrated into the 30%,90%,and 100%design milestones.The 30%submission is expected to occur approximately six(6)weeks after notice to proceed (NTP), provided that the required data described in Exhibit A is received on time. The total duration reflects multidisciplinary coordination between the structural,civil, MEP,geotechnical,and site utility components, including up to three(3)weeks allocated for city review during the design phase.This duration applies exclusively to the design phase and does not include procurement or construction activities. Coordination time associated with the prefabricated building supplier is not included and may impact the overall schedule. Any additional services resulting from substantial scope modifications, Client-directed changes, regulatory requirements not originally contemplated,or extended review durations shall require prior written authorization. In such cases,the Consultant will submit a supplemental proposal for the Client's review and approval, and the project schedule may be adjusted accordingly.This proposal is based on preliminary information and may be refined as additional project requirements are identified. Construction Phase Services The expected duration of technical assistance during the construction phase is estimated at fourteen(14)months from the contractor's notification of the start of work.Technical support during this phase is strictly limited to the services described in Exhibit A.The actual duration of this phase is intrinsically dependent on factors beyond the consultant's control;therefore,the estimated period of fourteen(14)months is preliminary and may be adjusted to align with the final construction schedule established by the contractor. In the event that the construction schedule extends beyond the anticipated period,or if the Client decides that this task should be managed on an hourly basis,the duration of the consultant's services during the construction phase may require adjustments to reflect the actual time required and the level of effort actually demanded by the project. EC. N L..'• Structural Engineering i. EXHIBIT C—SCHEDULE 2026 2026-2027 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV/26 to DEC/27 Duration Task Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month S Month 9 Month 10 Month 11-Month 24 Weeks 112131415 6171819 B7111112113 14115116117 18119120121122 23124125126127 28129130131 32133134135 36137138139140 41142143144 45-106 6 Proposal review L. _ , 4 City of Baytown Legal Department review _ _ ' 2 City of Council meeting approval ` Agreement Signed and N7P received I , _ 1 Kick-off Meeting _ ) _ _ _ BUILDING FOUNDATION,MEP,GEOTECHNICAL, i r - . 25 AND CIVIL ENGINEERING DESIGN , j ¢ ' # L '(PARKING LOT DESIGN) � f 25 Task 1.Project Management and Coordination , 6 Task 2_Schematic Design(30%) i ®®®® I®- — _y _ — 1 Mechanical,Electrical,and Plumbing(MEP),Site , Utilities _ 4 •Civil&Drainage Design(30%) 2 City Review MIN 18 DESIGN DEVELOPMENT(90%,100%) - _ - ®®®®®®�®®®�®®®®®® - -,-- -- i . 8 Task 3_Geotechnical 6 Task 4.1 Foundation,Site Utilities,and vendor cordination , •_ , 6 Task 4.1 MEP 8 Task 4.2 Civil&Drainage Design(90%,100%) ' 8 Task 4.3 MEP Construction Documents 1 1 City Review —��® • 2-3 Final Submittal—Signed and Sealed(S&S) - _ -'___, $ ® 61` 'CONSTRUCTION ENGINEERING SERVICES• ' , , , , ! H 1111111�i Notes for the preliminary schedule(2/26/2026) • 1.The site survey CAD files from the City are required prior to the start of the schematic design phase. 2.The schematic phase corresponds to the 30%milestone and is intended to ensure that the City and the Consultant are aligned with the project requirements and criteria before proceeding to the design phase. Technical support during the construction phase consists of professional design clarification services following the award of the construction contract. This duration is therefore a preliminary estimate and will be refined once the construction phase is formally initiated.