Ordinance No. 12,669ORDINANCE NO. 12,669
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY
HORN AND ASSOCIATES, INC., FOR RIGHT -TURN LANE IMPROVEMENTS AT
SEVERAL LOCATIONS ALONG GARTH ROAD; AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTY -ONE
THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($71,500.00); 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
Kimley Horn and Associates, Inc., for right -turn lane improvements at several locations along Garth
Road. 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 Kimley
Horn and Associates, Inc., in an amount not to exceed SEVENTY -ONE THOUSAND FIVE HUNDRED
AND NO /100 DOLLARS ($71,500.00) 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, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty -five percent
(25 %).
Section 4: This ordinance shall take effect immediately
City Council of the City of Baytown. ,
INTRODUCED, READ and PASSED by the
Baytown this the 91h day of October, 2014.
ATTE :
1,rSe /
LETICIA BRYSCH, City NA
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APPROVED AS TO FORM:
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NACIO RAMIREZ, SR., Ci ttorney
and after its passage by the
of the City Council of the City of
R:1KareMFi1es\City CounciPArdinances\20MOctober 91KimleyHomAgreement4RightTumLaneImprovements .doc
Exhibit "A"
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement ") entered into by and between Kimley -Horn and Associates,
Inc., (hereinafter "the Professional ") and the City of Baytown, a home -rule municipality located
in Harris and Chambers Counties, Texas (the "City").
1. Scope of Services/Professional Fees
This Agreement authorizes Professional to perform engineering services right -turn lane
improvements at multiple locations in Baytown, including the following intersections:
➢ Garth Road at Cedar Bayou Lynchburg Road — NB Right -Turn Lane;
➢ Garth Road at Cedar Bayou Lynchburg Road — WB Right -Turn Lane;
➢ Garth Road at Baker Road — EB Right -Turn Lane; and
➢ Garth Road at Baker Road — WB Right -Turn Lane.
The Professional shall also perform engineering services associated with the prepration of
associated plans, specifications, cost estimates, and construction phase services (the "Work ") for
and on behalf of the City. The compensation for Professional shall be on the basis described in
Exhibit "A," with reimbursement of costs on the basis described in Exhibit "B," for a total
contract amount not to exceed SEVENTY THREE THOUSAND AND NO 1100 DOLLARS
($73,000.00). The time schedules for the Work are attached as Exhibit "C." The scope of the
work and projection of costs of the construction project is as denoted in Exhibit "D." Each of
these Exhibits "A" through "D" is incorporated into this Agreement by reference for all purposes.
2. Progress Reports
Professional shall provide written progress reports to the City regarding the Work and oral
reports as requested. Such progress report shall identify the projected time and cost required by
the Professional to complete the remaining phases of the Work required under this Agreement.
3. Personnel of the Professional
a. Professional's Project Manager
Professional shall designate Scott C. Schmidt, P.E., PTOE, to serve as Project
Manager for the Work performed under this Agreement. Any change of Project
Manager shall require thirty days' advance written approval from the City's
Representative.
b. Licensed and Registered Engineers
Professional shall keep a full -time registered 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 Professional's Employees
Prior to commencement of the Work, Professional shall forward to the City a
detailed resume of the personnel that will be assigned to the Work. Such
personnel shall include, but not be limited to, engineers, surveyors, designers.
d. Rejection of Professional's Employees
The City reserves the right to approve or reject from the Work any employees of
the Professional.
4. Designation and Duties of the City's Representative
a. The City's Director of Engineering or his designee shall act as the City's
Representative.
b. The City's Representative shall use his best efforts to provide nonconfidential City
records for Professional's usage on the Work and to provide access to City's
property and easements. However, the City does not guarantee the accuracy or
correctness of the documents so provided. 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. The Professional shall perform all services under this Agreement with the care and
skill ordinarily used by members of Professional's profession practicing under the
same or similar circumstances, time and locality.
Professional 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. Professional shall correct such deficiencies without additional
compensation.
b. Codes and Standards
(1) All references to codes, standards, environmental regulations and/or
material specifications shall be to the latest published revisions, including
all effective supplements or addenda thereto, as of the date that the order
for any necessary equipment is made by the City or that the construction
specified is bid by the City.
(2) if any such equipment is specially manufactured, it shall be identified to the
City, and the Contractor and the Seller shall present sufficient data to the
City to support the design and the suitability of the equipment.
(3) All materials furnished on any City project shall be in accordance with
ASTM, ACI, TxDOT, and AASHTO specifications, and with other
recognized standards. Proprietary material or other materials for which no
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generally recognized standards exist may be used provided there has been
at least five years of proven experience in the field, and such satisfactory
documentation has been approved by the City's Representative.
(4) 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.
(5) The codes and standards used in the profession set forth minimum
requirements. These may be exceeded by the Contractor or the Professional
if superior methods are available for successful operation of equipment
and/or for the construction project on which the Work is performed. Any
alternative codes or regulations used shall have requirements that are
equivalent or better than those in the above listed codes and regulations.
The Professional shall state the alternative codes and regulations used.
(6) Professional 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. Professional 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.
(7) Professional shall promptly correct any defective analysis caused by
Professional at no cost to City. The City's approval, acceptance, use of or
payment for all or any part of Professional's services hereunder or of the
Work itself shall in no way alter Professional's obligations or the City's
rights under this Agreement. As applicable, Professional 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
Professional shall not proceed with the Work or any stage thereof until written notice to proceed
is provided by the City's Representative.
7. Instruments of Service
Upon execution of this Agreement, Professional grants to the City an ownership interest in the
Instruments of Service. Professional shall obtain similar interests from the City and Professional's
consultants consistent with this Agreement. As noted in Articles 5 & 11, Professional shall be
required to tender to City all Instruments of Service. With such ownership interest, it is expressly
understood by the parties hereto that the City may use the Instruments of Service for any purposes
which the City sees fit, including, but not limited to, subsequent construction, reconstruction,
alteration, and/or repairs of the Project. As a condition to the City's use of the Instruments of
Service, the City hereby expressly agrees to remove Professional's name and all references to
Professional and its consultants from the Documents. Provided that this Agreement is not
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terminated for cause by the City, the City shall release any and all claims which the City could
make arising out of or in connection with any reuse of the documents by the City.
8. Insurance
Professional shall procure and maintain at its sole cost and expense for the duration of the
Agreement, insurance against claims for injuries to person or damages to property which may
arise from or in connection with the performance of the Work hereunder by Professional, its
agents, representatives, volunteers, employees or subconsultants.
a. Professional'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 Professional's insurance and shall not contribute to it. Further,
Professional 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:
Commercial General Liability
• General Aggregate: $2,000,000
• Products & Completed Operations Aggregate: $1,000,000
• Personal & Advertising Injury: $1,000,000
• Per Occurrence: $1,000,000
• Fire Damage $300,000
• Coverage shall be at least as broad as ISO CG 00 01 04 13
• No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for review and
acceptance.
2. Business Automobile Policy
• Combined Single Limits: $500,000
• Coverage for "Any Auto"
3. Errors and Omissions
• Limit: $1,000,000 for this project.
• For all architects, engineers, and/or design companies
• Claims -made form is acceptable
• Coverage will be in force for one (1) year after construction of the
Project is completed.
4. Workers' Compensation
• Statutory Limits
• Employer's Liability $1,000,000
• Waiver of Subrogation required.
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b. The following shall be applicable to all policies of insurance required herein.
Insurance carrier for all liability policies must have an A.M. Best Rating of
B +:VIII or better.
2. Only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
3. Liability policies must be on occurrence form. Errors and Omissions can
be on claims -made form.
4. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
5. The City, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Errors and
Omissions Policy and the Worker's Compensation Policy required herein.
6. Upon request and without cost to the City, certified copies of all insurance
polices and/or certificates of insurance shall be furnished to the City.
7. Upon request and without cost to the City, loss runs (claims listing) of any
and/or all insurance coverages shall be furnished to the City.
8. All insurance required herein shall be secured and maintained in a
company or companies satisfactory to the City, and shall be carried in the
name of Professional. Professional shall provide copies of insurance
policies required hereunder to the City on or before the effective date of
this Agreement.
9. Indemnification and Release
PROFESSIONAL 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,
ARISING OUT OF, OR IN CONNECTION WITH THE WORK
DONE BY PROFESSIONAL UNDER THIS CONTRACT CAUSED
E
BY THE SOLE OR JOINT NEGLIGENCE OF PROFESSIONAL. IT
IS THE EXPRESSED INTENTION OF THE PARTIES HERETO,
BOTH PROFESSIONAL AND THE CITY, THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY
PROFESSIONAL TO INDEMNIFY AND PROTECT THE CITY
FROM THE CONSEQUENCES OF PROFESSIONAL'S OWN
NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE
OR A CONCURRING CAUSE OF THE RESULTING INJURY,
DEATH OR DAMAGE. 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 THE
CITY. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS
BROUGHT AGAINST THE CITY FROM WHICH THE CITY IS
INDEMNIFIED, PROFESSIONAL FURTHER AGREES AND
COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY
LEGAL COUNSEL ACCEPTABLE TO THE CITY. THE
INDEMNITY PROVIDED FOR IN THIS ARTICLE IX SHALL
SURVIVE THE TERNIINATION 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. Professional assumes full responsibility for its work
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
Professional's work to be performed hereunder. This release shall apply with
respect to Professional's work regardless of whether said claims, demands, and
causes of action are covered in whole or in part by insurance.
10. Subcontractors and Subconsultants
Professional shall receive written approval of the City's Representative prior to the use of any
subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or
subcontractors shall be given to the City before execution of such contracts.
11. Termination of Professional
The City, besides all other rights or remedies it may have, shall have the right to terminate this
Agreement without cause upon ten (10) days' written notice from the City Manager to
6
Professional of the City's election to do so. Furthermore, the City may immediately and without
notice terminate this Agreement if Professional 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
Professional 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
Professional;
(d) the dissolution of Professional;
(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 wthin 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, Professional shall discontinue all
services in connection with the performance of the Agreement. Within ten (10) days after receipt
of the notice of termination, Professional 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,
Professional shall also tender all of Professional's work product, whether complete or not, in an
acceptable form and format to the City's Representitive. No final payment will be made until all
work product is so tendered.
If this Agreement is terminated for cause, Professional shall be liable for any damage to the City
resulting therefrom. This liability includes any increased costs incurred by the City in
completing Professional's work. The rights and remedies of the City in this section are in
addition to any other rights and remedies provided by law or under this Agreement.
12. Records
Within ten 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 the subject of this
Agreement.
13. Supervision of Professional
Professional is an independent contractor and the City neither reserves nor possesses any right to
control the details of the Work performed by Professional under the terms of this Agreement.
14. Billing
The City shall have thirty (30) days to pay Professional's bills from the date of receipt of such
bills. All bills 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. The Professional shall invoice the City for work performed no more than once a month.
15. Indebtedness.
If Professional, 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 the Professional has incurred a debt, the City's Director of Finance shall immediately notify
the Professional in writing. If the Professional does not pay the debt within 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 the Professional under this Agreement, and the Professional waives
any recourse therefor.
16. Reputation in the Community
Professional shall retain a high reputation in the community for providing professional
engineering and testing services. Professional shall forward a copy of any current petition or
complaint in any court of law which (a) asserts a claim for $50,000 or more for errors or
omissions in providing engineering services and/or (b) seeks to deny the Professional the right to
practice engineering services or to perform any other services in the State of Texas.
17. Payroll and Basic Records
a. Professional shall maintain payrolls and basic payroll records during the course of
the work performed under this Agreement and shall preserve them for a period of
three years from the completion of the work called for under this Agreement for all
personnel working on such work. Such records shall contain the name and address
of each such employee, social security number, correct classification, hourly rates
of wages paid, daily and weekly number of hours worked, deductions made and
actual wages paid.
b. Professional shall make the records required to be maintained under the preceding
subsection (a) of this section available at no cost to the City for inspection,
copying or transcription or its authorized representatives within fifteen days of the
City's request therefor. Professional shall permit such representatives to interview
Professional's employees during working hours on the job.
18. 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.
19. 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.
8
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 the Professional:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522 -0424
FAX: 281 -420 -6586
KIMLEY -HORN AND ASSOCIATES, INC.,
12012 Wickchester Lane, Suite 500
Houston, TX 77079
FAX: 281 -597 -8032
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.
20. No Third Party Beneficiary
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit Professional and the City only.
21. No Right to Arbitration
Notwithstanding anything to the contrary contained in this Agreement, the City and Professional
hereby agree that no claim or dispute between the City and Professional 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, Professional consents to be joined in the arbitration proceeding if Professional's
presence is required or requested by the City of complete relief to be recorded in the arbitration
proceeding.
22. 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.
23. Complete Agreement
This Agreement represents the entire and integrated agreement between the City and Professional
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 Professional accept and agree to these terms.
9
24. No Assignment
Professional may not sell or assign all or part interest in this Agreement to another party or
parties without the prior express written approval of the City Manager of such sale or
assignment. The City may require any records or financial statements necessary in its opinion to
ensure such sale or assignment will be in the best interest of the City.
25. Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
26. 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.
27. 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.
28. 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.
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 , 2014, the date
of execution by the City Manager of the City of Baytown.
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
10
CITY OF BAYTOWN
ROBERT D. LEIPER, City Manager
KIM -HORN AND ASSOCIATES, INC.,
(Sign e
(Printed Name)
_191-V7
(Title)
STATE OF TEXAS
COUNTY OF HARRIS
Before me on this day personally appeared ChY�5 Er jsinacy , in
his/her capacity as 5 \1V of Kimley -Horn and Associates, Inc., on behalf
of such corporation,
✓ known to me;
proved to me on the oath of ; or
proved to me through his/her current
(description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person)
(check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he /she executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this ?5& -day of rJCb�CT'f11DCY
201.4.
JM�T►14�4 DONNA W. STOEVER
�.�s• •�.4,*ci Notary Public in and for the State of Texas
Notary Public. State of Texan
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EXHIBIT A
COMPENSATION
Survey Services required under this Agreement shall not exceed FOUR THOUSAND FIVE HUNDRED
AND NO /100 DOLLARS ($4,500.00) based upon the actual cost to the Professional times a factor of
1.10.
Engineering Services required under this Agreement shall not exceed the following for each task herein
identified based upon the rate schedule included below:
Task
Description
Cost Not to
Exceed Per
Intersection
Cost Not To
Exceed
1
Survey
Engineer/Professional
$ 8,000.00
2
Turn Lane Design Plans
$140
$ 62,000.00
Designer
Garth Road at Cedar Bayou Lynchburg Road — NB Right-Turn Lane
$13,000.00
Analyst
$135
Garth Road at Cedar Bayou Lynchburg Road — WB Right-Turn Lane
$11,000.00
$60
- $115
Garth Road at Baker Road — EB Right-Turn Lane
$17,000.00
Garth Road at Baker Road — WB Right-Turn Lane
$21,000.00
3
Construction Phase Services
I
I $ 1,500.00
Total
1
1 $71.500.00
Rate Schedule
Senior Engineer I /Senior Professional 1
$230
- $260
Senior Engineer 11 /Senior Professional II
$215
- $240
Engineer/Professional
$155
- $210
CAD Technician
$140
- $155
Designer
$105
- $165
Analyst
$135
- $170
Support Staff /Technician
$60
- $115
Additional Services
Professional will perform additional services, if any, at a price agreed upon by the parties in writing prior
to the performance of such services. The City shall not be responsible or liable for any additional services
performed by the Professional unless such additional services have been approved in writing prior to the
performance of the same.
EXHIBIT B
Reimbursable Expenses
Reimbursable expenses shall include costs for incidental items such as parking, mileage, deliveries,
and copies. Such expenses will be invoiced to the City at the Professional's direct cost plus 10 %,
except that mileage will be invoiced at the IRS rate, which is currently $0.485 per mile. Reimbursable
expenses will not exceed ONE THOUSAND FIVE HUNDRED AND NO 1100 DOLLARS
($1,500.00).
Additionally, expenses associated with transportation, including, but not limited to, meals, travel, and
lodging, must be approved in writing by the City prior to the Professional incurring any expense
associated therewith; otherwise, the parties hereto agree and understand that the City shall not be
liable and the Professional shall not make a claim against the City for any such expenses.
EXHIBIT C
SCHEDULE OF WORK
Professional shall complete the services required herein in accordance with the following schedule
commencing from the date of the City's issuance of the notice to proceed:
Survey.......................................................................... .............................28 Calendar Days
Turn Lane Design Phase .............................................. .............................70 Calendar Days
Professional shall perform Construction Phase Services throughout and until completion and acceptance
by the City Council of the work associated with the Project.
EXHIBIT D
SCOPE OF WORK
A. Generally:
The City has a need for increased capacity at the intersections of Garth Road at Cedar Bayou Lynchburg Road and
Garth Road at Baker Road. At Garth Road and Cedar Bayou Lynchburg Road, the Professional shall design right -
turn lane improvements to provide additional vehicular capacity for both the northbound and westbound
approaches. At Garth Road and Baker Road, the Professional shall design right -turn lane improvements to provide
additional vehicular capacity for both the eastbound and westbound approaches. The Professional's services shall
include the preparation of plans and quantities for the construction of the turn lane improvements described herein.
This design will be done in accordance with City of Baytown design standards and guidelines. No biding
documents or bid phase services shall be required pursuant to this Agreement, as the City will perform the
construction of the turn lane improvements.
B. Basic Services:
Professional shall provide the following scope of services:
Task 1: Survey
The Professional will engage a surveying sub - consultant to obtain a topographic survey of the
study intersection. Information gathered by the survey will include right -of -way, edge of
pavement, curb lines, islands and medians, pavement markings, signs, sidewalks, trees, and other
above ground features within the survey area. This will also include vertical survey at the
intersection including ditch lines, if any. The survey will provide project baselines, identify
benchmarks, and identify and show above and underground utilities that can be reasonably
determined via markings by a utility locator service. This survey will form the base sheets for the
turn-lane improvement designs that will be performed. The deliverables shall include survey
CADD files.
2. Task 2: Turn Lane Design Plans
The Professional shall prepare the civil engineering design documents in accordance with
published City of Baytown design standards and specifications. Plans shall consist of I 1 "xl7" plan
sheets.
a. Data Collection: The Professional shall
(1) visit the project intersection for observation of existing conditions;
(2) perform a field reconnaissance of the intersection and collect the existing geometry
and examine lane configuration, utilities, and traffic/pedestrian operations within
the study area;
(3) gather existing record drawings and file information of the project intersection
from the City's files, including the existing record or construction roadway and
traffic signalization plans, right -of -way information, and utility maps;
(4) prepare a base map of existing geometrics, apparent or known utilities from record
drawings and the topographic survey;
b. Preliminary Design: The Professional shall prepare preliminary right -turn lane layout
sheets showing the proposed improvements, typical sections and submit to the City for
review and comment.
C. Final Design: The Professional shall incorporate the City's review comments from the
preliminary layout and prepare the final design plan set for the project intersection. The basic
design parameters will be based on discussions with the City. The Professional anticipates this
submittal will include the following items:
(1) Typical Sections. The Professional will prepare proposed typical sections for each
of the right -turn lanes improvements, but detailed plan and profiles will not be
included. The typical section will show the pavement and subgrade section,
existing edge of concrete, proposed edge of concrete (or curb), existing right -of-
way, travel lanes. The pavement section will match the existing roadway section.
Pavement design is not included in this scope of services.
(2) Paving Plans. The Professional will prepare paving design showing plan view (no profile)
of the proposed right turn lane improvements. The plan will show the existing and
proposed horizontal roadway improvements with tie -in elevations, existing and proposed
(if needed) right -of -way and easements, existing driveways, proposed driveway
modifications (if necessary), existing and proposed drainage structures, horizontal and
vertical control data.
(3) Pavement Markings and Signage. The Professional will prepare a pavement marking and
signage design showing plan view of the proposed lane dimensions and lane designation
arrows.
(4) Storm Drain. The Professional will prepare design for storm drain adjustments due to the
proposed right -turn lane improvements, where needed. Adjustments could include moving
inlets, adding inlets, typical re- grading, and adjusting manhole elevations. No drainage
analysis, drainage area map, or calculations will be performed. Relocation or adjustment of
other utilities such as sanitary, water, and gas is not included in this design; these would be
considered additional services.
(5) Electric Poles. The Professional will coordinate with Centerpoint Energy and the City to
plan for new electric pole locations where needed. No electrical line calculations or design
is included in this design, as this is in the Centerpoint Energy service area.
(6) Traffic Signal Modifications, The Professional will prepare traffic signal modification
plans to relocate and modify the vehicular in- pavement loop detection where needed. This
includes relocating pull boxes and loop detectors. The extent to the relocation will be
determined after survey and field work is complete. Signal pole relocation is not
anticipated at this time.
d. Administration: The Professional shall perform general administration services and
coordination with the City, including phone calls, emails and project status meetings.
e. Deliverables: The Professional shall provide quantity listings and three (3) final sealed
design 11 "x17" drawings and plan sets for paving and grading, pavement markings,
signage, traffic signal modifications, standard sheets, quantities, and engineer's opinion of
probable construction cost for the Project, which includes:
o Garth Road at Cedar Bayou Lynchburg Road — NB Right -Turn Lane
o Garth Road at Cedar Bayou Lynchburg Road — WB Right -Turn Lane
o Garth Road at Baker Road — EB Right -Turn Lane
o Garth Road at Baker Road — WB Right -Turn Lane
(the "Contract Documents").
Task 3: Construction Phase Services.
a. Visits to Site and Observation of Construction. The Professional shall provide on -site
construction observation services during the Construction Phase. Professional will make
visits at intervals as directed by City in order to observe the progress of the Work. Such
visits and observations by Professional are not intended to be exhaustive or to extend to
every aspect of the work in progress. Observations are to be limited to spot checking,
selective measurement, and similar methods of general observation of the Work based on
Professional's exercise of professional judgment. Based on information obtained during
such visits and such observations, Professional will evaluate whether the work is generally
proceeding in accordance with the Contract Documents, and Professional will keep City
informed of the general progress of the Work.
The purpose of Professional's site visits will be to enable Professional to better carry out
the duties and responsibilities specifically assigned in this Agreement to Professional, and
to provide the City a greater degree of confidence that the completed Work will conform in
general to the Contract Documents. Professional shall not, during such visits or as a result
of such observations of the work in progress, supervise, direct, or have control over the
work, nor shall Professional have authority over or responsibility for the means, methods,
techniques, equipment choice and usage, sequences, schedules, or procedures of
construction selected by the City, for safety precautions and programs incident to the work,
nor for any failure of the City to comply with laws and regulations applicable to its
furnishing and performing the Work. Accordingly, Professional neither guarantees the
performance of the City nor assumes responsibility for any the City's failure to famish and
perform its work in accordance with the Contract Documents.
b. Recommendations with Respect to Defective Work. The Professional will recommend to
City that the work be disapproved and rejected while it is in progress if, on the basis of
such observations, the Professional believes that such work will not produce a completed
Project that conforms generally to Contract Documents.
C. Clarifications and Interpretations. The Professional will respond to reasonable and
appropriate requests for information and issue necessary clarifications and interpretations
of the Contract Documents to City as appropriate to the orderly completion of the work.
Any orders authorizing variations from the Contract Documents will be made by City.
d. Change Orders. The Professional may recommend Change Orders to City, and will review
and make recommendations related to change orders.
e. Shop Drawings and Samples. The Professional will review and approve or take other
appropriate action in respect to Shop Drawings and Samples and other data which the City
submits, but only for conformance with the information given in the Contract Documents.
Such review and approvals or other action will not extend to means, methods, techniques,
equipment choice and usage, sequences, schedules, or procedures of construction or to
related safety precautions and programs.
f. Substitutes and "or- equal." The Professional shall evaluate and determine the acceptability
of substitute or "or- equal" materials and equipment proposed by the City in accordance
with the Contract Documents, but subject to the provisions of applicable standards of state
or local government entities.
g. Final Notice of Acceptability of the Work. The Professional shall conduct a final site visit to
determine if the completed work is generally in accordance with the Contract Documents and the
final punch list so that Professional may recommend acceptance of the Project. The Professional
shall also provide a notice that the Work is generally in accordance with the Contract Documents to
the best of Professional's knowledge, information, and belief based on the extent of its services
and based upon information provided to Professional upon which it is entitled to rely.
C. Additional Services:
The City shall not be responsible or liable for any additional services performed by the
Professional unless such additional services have been approved in writing prior to the
performance of the same. Professional will perform additional services at a price agreed upon by
the parties in writing prior to the performance of such services based upon the rate schedule
indicated in Exhibit "A."