HomeMy WebLinkAboutOrdinance No. 16,486 (Item 6.k.)ORDINANCE NO. 16,486
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN,
INC. FOR PRELIMINARY ENGINEERING SERVICES FOR THE FOR THE
NEIGHBORHOOD WATERLINE AREA - MORRELL PARK PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT
TO EXCEED ONE -HUNDRED, TWENTY-NINE THOUSAND, ONE -
HUNDRED, FORTY DOLLARS ($129,140.00); 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 HR
Green, Inc., for preliminary engineering services for the Neighborhood Waterline Area - Morrell Park
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 HR Green, Inc.,
in an amount not to exceed ONE -HUNDRED, TWENTY-NINE THOUSAND, ONE -HUNDRED, FORTY
DOLLARS ($129,140.00) for professional services in accordance with the agreement authorized in Section
1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease or
an increase in costs by FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less.
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 28"' day of May, 2026.
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APPROVED AS TO FORM:
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KRISTIN HOLMES, Assistant City Attorney
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AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") is entered into by and between HR Green, Inc. (hereinafter
Consultant") and the City of Baytown, a home -rule municipality located in Harris and Chambers
Counties, Texas (the "City").
1. Scope of Services/Consultant Fees
a. This Agreement authorizes Consultant to perform preliminary engineering services
for the Neighborhood Waterline Area - Morrell Park 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 or
his designee and (if not terminated in accordance with paragraph 10) shall
terminate:
0 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 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 1
EXHIBIT "A"
i. Basic Services................................................................................ $95380.00
ii. Public Utility Improvement Analysis .......................................... $3 5,270.00
iii. Drainage Analysis........................................................................ $27,3020.00
1V. Private Utility Engineering Investigation ............................ $17,810.00
V. Project Management, Cost Estimates, and Documentation ....... $39,660.00
vi. Total Not to Exceeds.....* ****so as oo*o so** ****so ********* ***** *so* o *** ossoo$129,140*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 3.19.2026
3. Personnel of Consultant
a. Consultant's Project Manager
Consultant shall designate Matthew Zeve, P.E, CFM, 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 professional engineer licensed in the
State of Texas on staff and assigned to the Work for the duration of its performance
of the Work.
C. Data on Consultant's Employees
Prior to commencement of the Work, Consultant shall forward to the City a detailed
resume of the personnel that will be assigned to the Work.
d. Rejection of Consultant's Employees
The City reserves the right to approve or reject from the Work any employees of
Consultant.
4. Designation and Duties of the City's Representative
a. 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 nonconfdential 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
Agreement for Professional Services, Page 3 revised 3.19.2026
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.
11. 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.
I11. 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
Agreement for Professional Services, Page 4 revised 3.19.2026
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,Ooo
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.
Agreement for Professional Services, Page 5 revised 3.19.2026
i. Insurance carrier for all liability policies must have an A.M. Best Rating of
ANIII or better.
11. Only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
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 snail, 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
Agreement for Professional Services, Page 6 revised 3.19.2026
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 3.19.2026
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 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.
A2reement for Professional Services, Page 8 revised 3.19.2026
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 3.19.2026
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:
For Consultant:
CITY OF BAYTOwN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522-0424
HR Green, Inc
Attn: Matthew Zeve, P.E. CFM
11750 Katy Freeway, Suite 400
Houston, TX 77079
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 3.19.2026
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 term or condition.
21. Complete Agreement
This Agreement represents the entire and integrated agreement between the City and Consultant
in regard to the subject matter hereof and supersedes all prior negotiations, representations or
agreements, 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 3.19.2026
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which sha11 be d e Zed to ba o 'ginal, but all of which shall constitute but one
and the same Agreement on the -day of , 2((Z, the date of execution by the City
Manager or his designee of the 1 y of Bayto
CITY OF BAYTOWN
J/N llI' ATTEST:
o r
ANGEL ACKSON, City Clerk
APPROVED AS TO FORM:
21 ";; r- 7 b
Signature)
Printed Name)
Title)
Signature)
IbY M Mary
Printed Name)
m6-ItlanA c;,ty ManoAff
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Agreement for Professional Services, Page 12 revised 3.19.2026
CONSULTANT:
HR GREEN, INC.
r ,
Signature)
Matt Zeve
Printed Nanie)
Director of Business Development
Title)
STATE OF TX §
COUNTY OF Harris §
Before me on this day personally appeared Matt Zeve in his/leer
capacity as wworofBusiness i? Mopment , on behalf of such HR Green, LLC Q
known to ine; proved
to me on the oath of ; or Ej
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 nee this 6 day of , 20&. Y
DAKOTA ANN LEWIS PACAY 4A
Notary ID #134854674 My
Commission Expires April
16, 2028 R:\
Scott\Contracts\Professionai Sewices Template -Non Grant.docx Notary
Public in and for the State of TCxAS Agreement
for Pt ofessiotial, Services, Page 13 revised 3.19.2026
HRGreen r:
March 17, 2026
Exhibit A - Scope of Services
This proposal is to provide preliminary
engineering services for the Morrell Park
subdivision in Baytown. This effort will include
replacement of water distribution lines, sanitary
sewer pipes, storm sewer pipes and
appurtenances where required, and pavement
replacement where required. Water and
wastewater pipes are the priority of the project
with drainage and street improvements focused
on roadway corridors that require replacement
related to the water and wastewater pipe
replacement.
Non -plastic waterlines will be replaced with
polyvinyl chloride (PVC) pipe with the same
diameter as the existing pipes. Sanitary sewers
include plastic and non -plastic pipes.
The non -plastic sanitary sewer pipes will be
replaced with PVC or high -density polyethylene
HDPE) pipes with the same diameter as the
existing pipes, unless instructed otherwise by the City.
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The existing storm sewer system has not been analyzed to determine the current level of service. This effort
includes a detailed hydraulic analysis of the storm sewer system and will determine if improvements are needed
to meet current City criteria. All efforts completed in this preliminary engineering phase will be directly applicable
to the final design phase to prevent any loss of design time.
The project scope includes the following:
Develop a technical report for the project limits to fully scope out the project based on current conditions and
standards to present to the City of Baytown Public Works and Engineering Department.
Build on all previous analysis and design efforts.
Conduct a drainage analysis to determine the drainage system level of service and if improvements are
needed to meet current standards.
Develop multiple alternatives for project implementation and complete an alternatives analysis to identify the
most cost effective project plan.
Develop a detailed cost estimate of the recommended alternative.
The technical report will be the first phase of the Morrell Park project and is the focus of this proposal. Phase 2,
which will be contracted following the completion of Phase 1. will include preparation of construction plans,
specifications, and cost estimates for letting and construction. The details of the scope are as follows:
R Green 'Building Communities. Improving Lives.
HRGreen_:
A. BASIC SERVICES
1. Site Visits and Data Collection
a. Site visits are necessary to account for current site conditions and identify features that could impact the
project. Survey needs for detailed design will be identified and documented. Photographs and field
verification of existing features will be completed during the field visit.
b. Previously completed reports and studies will be obtained and reviewed for relevant information regarding
the existing utilities and roadways.
c. All available record drawings and information on the project area will be collected, reviewed, and used to
the maximum degree possible. This includes preparing detailed information on the location of existing
water distribution lines, sanitary sewer lines, and storm sewer lines.
d. The City of Baytown will conduct closed circuit television (CCTV) inspections of select sanitary sewer and
drainage systems. The videos will be obtained from the City and fully reviewed to better understand the
condition of the identified sanitary sewer and storm sewer pipes.
B. PUBLIC UTILITY IMPROVEMENT ANALYSIS
The existing water distribution system uses cast iron and PVC pipes. This project will evaluate the replacement of
the cast iron pipes with PVC or HDPE pipes. According to data provided by the City, there is 22,396 linear feet
LF) of six-inch cast iron pipe and 3,036 LF of eight -inch cast iron pipe. Exhibit 1 shows the water lines
considered for this project. Some water lines are located under the streets and some are located in backyard
easements.
According to City data. the existing sanitary sewer system consists of 22,114 LF of pipes of various diameters.
Exhibit 2 shows the sanitary sewer system considered for this project. Non -plastic sanitary sewer lines make up
9,159 LF of the system and will be replaced with PVC or HDPE pipes. The remaining sanitary sewer pipes will be
evaluated for replacement. Some sanitary sewer lines are located under the streets and some are located in
backyard easements.
The Morrell Park project area has 16,896 LF of asphalt pavement and 7,077 LF of concrete pavement. The table
below provides the pavement condition index for the streets in the study area.
1. Water Distribution System Upgrades
HR Green will prepare exhibits and cost estimates for replacement of cast iron pipes with plastic pipes in the
project area. This task will include an analysis of different pipe materials and construction methods to determine
the most cost-effective way to complete the water distribution system project. Pipes will be replaced with the
same diameter as the existing pipes, unless upsizing is instructed by the City.
HRGreen
2. Sanitary Sewer System Upgrades
HR Green will prepare exhibits and cost estimates for replacement of all non -plastic sanitary sewer pipes in the
project area. This task will include an analysis of different pipe materials and construction methods to determine
the most cost-effective way to complete the water distribution system project. Additionally, this task will include
recommendations for plastic sewer pipes that require replacement based on the CCTV review in Task A.1.d.
Pipes will be replaced with the same diameter as the existing pipes, unless upsizing is instructed by the City.
3. Pavement Evaluation and Replacement
Based on the results of tasks 1 and 2 above, HR Green will determine the pavement that will be replaced as part
of the water distribution, sanitary sewer, and drainage system (discussed below) upgrades. Additionally, HR
Green will recommend other areas for pavement replacement based on the review of the pavement condition
index and field visits.
4. Public Utilities Upgrade Documentation
HR Green will prepare exhibits to clearly illustrate the proposed improvements and impacted areas. The exhibits
will show potential encroachment locations and document locations that could be challenging to complete
construction. The documentation will include detailed cost estimates.
C. DRAINAGE DESIGN / ANALYSIS
The City of Baytown drainage master plan did not study the Morrell Park subdivision. HR Green will complete an
existing conditions level of service analysis of the drainage system. The results of the analysis will be used to
determine if drainage system improvements are required to meet current drainage criteria. Areas with deficient
levels of service will be overlaid with pavement that is to be replaced to identify drainage systems that will be
upgraded. We will coordinate with the City if drainage improvements are necessary beyond the limits of the
proposed pavement replacement to determine if those improvements should be included in the design project.
Exhibit 3 shows the existing storm sewer network.
1. Prepare and Evaluate Existing Drainage Area Maps
Existing conditions drainage area maps will be developed for the project area. Inlet/manhole level drainage areas
will be developed for any storm sewers within the project limits. Trunkline analysis point drainage areas will be
delineated for storm sewer systems outside the project limits. The existing conditions drainage area boundaries
will be based on the best available data. Means for determining drainage area boundaries include but are not
limited to as -built information, LiDAR, field visits, and City of Baytown GIS data. Extreme event and offsite
drainage areas developed and included as part of the existing drainage area map.
2. Develop Hydraulic Model of Storm Sewer System
HR Green will develop a hydraulic model of the existing storm sewer system based on information collected. The
hydraulic model will be used to determine the drainage level of service and be the baseline for proposed drainage
system improvement alternatives.
3. Drainage System Improvement Recommendations
HR Green will determine the existing conditions level of service for the drainage system and determine areas that
do not meet current City criteria. HR Green will develop drainage improvement alternatives including the sizing,
location, elevation, and cover requirements for new or replacement storm sewers. The inlets and laterals will be
refined as necessary to ensure sufficient intake and conduit capacity to meet current City drainage standards.
D. PRIVATE UTILITY ENGINEERING INVESTIGATION
Existing private utilities such as communication service lines, gas distribution lines, overhead power and
communication lines and poles will all be compiled, investigated, evaluated, and depicted in exhibits per City's
requirements.
HRGreen
Preliminary private utility exhibits will be prepared to assist with identifying the key utility relocation impacts, as the
design is developed.
An exhibit drawing showing existing conditions of private utilities, based on records received from
utility owners, will be laid out on current aerial photography.
A table exhibit cataloging impacts to existing private utilities based on proposed design
recommendation or new requirement considerations.
E. PROJECT MANAGEMENT, COST ESTIMATES, and DOCUMENTATION
1. Project Management and Coordination
Project management activities are ongoing throughout the period of the contract and include items such as
internal project management, kickoff meeting, monthly progress reports, invoices, and coordination with client and
all relevant agencies.
2. Cost Estimates
Cost estimates will be prepared for each of the proposed improvement alternatives for water distribution system,
sanitary sewer system; storm drainage system, and pavement modifications.
3. Documentation
HR Green will document the results of the various investigations and analyses in a technical report that includes
exhibits and appendices. HR Green will prepare GIS files that can be used by the City's GIS department. The
report will include cost estimate backup and all data collected.
4. Meetings/Presentation
HR Green will present the proposed improvements to the different City departments for comment and approval. A
presentation will be prepared and will include alternatives, recommendations, and estimated cost of construction,
5. Documentation of Comments and Incorporating City Comments
HR Green will develop a letter report to document all the decisions, comments, and action items to be included in
the technical report.
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Exhibit B - Compensation and Professional Fees
MORRELL PARK SUBDIVISION INFRASTRUCTURE IMPROVEMENTS
PRELIMINARY ENGINEERING - LEVEL OF EFFORT
I. DESIGN CONCEPT REPORTIPRELIMINARY ENGINEERING
DESCRIPTION OF WORK TASKS
PROJECT PROJECT GRAD
CADD
TECH/GIS
ADMIN TOTAL LABOR
A. Basic Services
MANAGER ENGINEER ENGINEER
TECH
ASST HOURS COSTS
1 Site Visits and Data Collection 8 8 16 2,280.00
2 Review Previous Studies and Reports 4 4 8 1,140.00
3 Review Record Drawings 8 8 16 2,280.00
4 Review CCTV Videos Provided by the City 16 16 32 3,680.00
Total 0 20 36 16 0 72 9,380.00
B. UTILITY IMPROVEMENT ANALYSISPUBLIC
1 Water Distribution System Upgrades 6 16 16 24 62 8,550.00
2 Sanitary Sewer System Upgrades 2 16 16 24 58 7,650.00
3 Pavement Evaluation and Replacement 4 16 16 24 60 8,100.00
4 Public Utilities Upgrade Documentation 2 8 40 40 90 10,970.00
Total 14 56 88 112 0 270 35,270.00
C. DRAINAGE ANALYSIS
1 and Evaluate Existing Drainage Area Maps 1 2 8 24 35 4,155.00
2 JPrepareDevelop Hydraulic Model 4 36 60 16 116 15,800.00
3 Drainage System Improvement Recommendations 1 8 24 24 57 7,065.00
Total 6 46 92 64 0 208 27,020.00
D. PRIVATE UTILITY ENGINEERING INVESTIGATION
7 Gather and document Quality Level C & D 2 12 18 2,550.00
2 Compile as -built information provided by the utility owners 18 26 3,480.00
3 Private Utility Exhibit drawings 2 J28 16 40 66 8,090.00
4 Private Utility Coordination - Table exhibit 2 16 26 3,690.00
Total 6 62 40 0 136 17,810.00
E. Project Management, Cost Estimates, and Documentation
1 Project Management 40 16 8 16 80 13,640.00
2 Cost Estimates 2 8 24 34 4,650.00
3 Technical Report 2 24 40 40 106 13,610.00
4 Meetings/Presentation 8 8 24 16 56 7,760.00
Total 52 56 96 56 16 276 39,660.00
TOTAL HOURS 78 206 374 288 16 962
Contract Labor Rate 225.00 165.00 120.00 110.00 65.00
TOTAL LABOR COSTS BASIC ENGINEERING SERVICES 17,550.00 1 33,990.00 44,880.00 31,680.00 1,040.00 129,140.00
Exhibit C - Time Schedules
D Task Name Duration Start Finish April 2626 May 2026 June 2026 July 2026 August 2026
1 6 11 16 21 26 1 6 11 16 21 26 31 5 10 15 20 25 30 5 10 15 20 25 30 4 9 14 19 24 29
1 Notice to Proceed 0 days Thu 4/9/26 Thu 4/9/26 v 4/9,
2 Project Management and Coordination 110 days Thu 4/9/26 Wed 8/26/26
3 Project Management 110 days Thu 4/9/26 Wed 8/26/26 i
4 Cost Estimates 20 days Fri 6/5126 Tue 6/30/26 i o
5 Techincal Report 20 days Tue 6/30/26 Mon 7/27/26
e
6 City Review and Comment 15 days Mon 7/27/26 Thu 8/13/26
7 Final Report 5 days Thu 8/13/26 Thu 8/20/26
8 Meetings / Presentation 2 days Thu 8/20/26 Mon 8/24/26
9 Basic Services 10 days Wed 4/15/26 Tue 4/28/26 j---
10 Site Visits 5 days Wed 4/15/26 Tue 4/21/26
11 Review Previous Studies and Reports 5 days Wed 4/15/26 Tue 4/21/26
12 Review Previous Plans and Record Drawings 5 days Wed 4/15/26 Tue 4/21126
i
13 Review CCTV Provided by the City 10 days Wed 4/15/26 Tue 4/28/26
14 Public Utility Improvement Analysis 45 days Mon 5/4/26 Tue 6/30/26
15 Water Distribution System Upgrades 30 days Mon 5/4/26 Thu 6/11/26 i
16 Sanitary Sewer System Upgrades 30 days Mon 5/4/26 Thu 6/11/26
17 Pavement Evaluation and Replacement 30 days Mon 5/4/26 Thu 6/11/26
18 Documentation 15 days Thu 6/11/26 Tue 6/30/26
19 Drainage Analysis 65 days Thu 4/9126 Tue 6/30/26
20 Prepare and Evaluate Existing Drainage Areas 20 days Thu 4/9/26 Mon 5/4/26
21 Develop Hydraulic Model 30 days Mon 5/4/26 Thu 6/11/26 i
22 Drainage System Improvement 15 days Thu 6/11/26 Tue 6/30/26
Recommendations
23 Private Utility Investigation 65 days Wed 4/15/26 Wed 7/8/26
24 Gather and Document Quality Level C & D 30 days Wed 4/15/26 Fri 5/22/26--
25 Compile as -built information provided by utilities 40 days Wed 4/15/26 Thu 6/4/26
26 Private Utility Exhibits 15 days Fri 6/5/26 Wed 6/24/26
27 Private Utility Coordination - Table Exhibit 10 days Wed 6/24/26 Wed 7/8/26
Task Project Summary Manual Task Y i Start -only L Deadline
Morrell Park Improvements Split Inactive Task Duration -only Finish -only 1 Progress — ---
Date: Mon 3/9/26 Milestone O Inactive Milestone Manual Summary Rollup - --- -- --- ----•— External Tasks Manual Progress — -----------
Summary Inactive Summary Manual Summary External Milestone
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