Ordinance No. 7,989PROFESSIONAL CONSULTANT SERVICES
CONTRACT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
This Profe sional Consultant Services Contract("Contract") is made and entered into as of
the day of 1997, by and between City of Baytown, a municipal corporation
located in Harri d Chambers Counties, Texas ("Owner") and Larson Design Group, Inc. (d.b.a.,
Larson/Bums, Inc.), a corporation authorized to do business in the State of Texas, with offices
located at 1108 West Avenue, Austin, Texas, 78701 ("Consultant"); and
WHEREAS, it is the intent of the Owner to commission Consultant for designated services
as herein described for the Goose Creek Stream Greenbelt, Phase III ("Project"); and
WHEREAS, Consultant is to prepare Plans and Specifications for the construction of a 9,000
linear foot, 10 foot wide,multi-purpose bicycle and pedestrian trail along the shores of Goose Creek
Stream, connecting Phase I underneath the bridge at West Texas Avenue with Phase II at Arizona
Street, with the goal of providing a non-motorized transportation option for bicyclists and
pedestrians who reside within,visit, or travel through the City of Baytown; and
WHEREAS, Owner and Consultant desire to contract for designated landscape architectural,
and engineering services in connection with the construction of the Project, all as hereinafter agreed
within the fiscal limits for which Owner has budgeted.
NOW THEREFORE, the parties hereto mutually agree as follows:
ARTICLE I.
SCOPE OF SERVICES AND COMPENSATION
1.1 Consultant, as an independent and professional consultant to Owner, shall perform all
professional services for the Project as set forth in this Contract.
1.2 Owner shall compensate Consultant for its services in accordance with the terms and
conditions of this Contract as follows:
1.2.1 For Consultant's Basic Services,including the services of any professional consultant
engaged for designated services furthering the purposes enumerated herein,
Consultant shall be compensated based upon actual work performed; provided,
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however,that in no event shall the total compensation to be paid Consultant for Basic
Services exceed the Maximum Basic Fee as indicated in the Fee Schedule below,
regardless of the amount of work required or performed. However, the Maximum
Basic Fee may be revised in the event of a change in scope or an increase in the cost,
complexity or character of work as authorized by Owner.
1.2.2 Consultant's Additional Services,if any, shall be authorized in advance and in writing
by Owner as hereinafter provided. The fee for such services shall be agreed upon by
both parties in writing and in accordance with item 1.3 "Additional Services."
1.2.3 All invoices submitted by Consultant to Owner for payment by Owner shall be
attributable to the work actually completed on each phase of the Project.
Reimbursable expenses shall be accompanied by supporting data acceptable to the
Owner. No other charges shall be due or payable to Consultant, whether for
employee-related mandatory or customary contributions and benefits,insurance,sick
leave,holidays and vacations,pensions, or any other item or overhead or profit, as
all such costs and profit shall be deemed included.
1.2.4 Unless subsequently changed by a written supplemental agreement to this Contract,
Consultant's total compensation under this Contract for Basic Services and
reimbursable expenses shall not exceed those amounts listed in the Fee Schedule for
the respective services or expenses.
1.2.5 Consultant agrees to comply with the policy of supporting the fullest possible
participation of firms owned and controlled by Disadvantaged Business Enterprises
DBE"). DBE shall mean a small business concern, as defined pursuant to Section
3 of the Small Business Act and relevant regulations promulgated pursuant thereto.
DBE shall be at least fifty-one percent (51%) owned by one or more socially and
economically disadvantaged individuals, or in the case of any publicly owned
business, at least fifty-one percent(51%) of the stock of which is owned by one or
more socially and economically disadvantaged individuals; and shall be managed,
controlled and operated by one or more of the socially disadvantaged individuals who
own it, as certified by the Texas Department of Transportation. The services to be
performed by and the amount of compensation to be paid to such DBE(s)are further
described in Attachment"B,"which is attached hereto and incorporated herein for all
intents and purposes.
The DBE(s) utilized in the scope of this project must be on the approved certified
listing published by the Texas Department of Transportation's Directory of
Disadvantaged Enterprises.
1.2.6 The times and further conditions of payment shall be as described in Article V hereof.
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1.2.7 FEE SCHEDULE/COMPENSATION:
The Owner shall compensate the Consultant the actual cost of the work performed
plus a fixed fee calculated in accordance with Section 1.2.7.1 per phase subject to the
following maximum limits:
Phase One: Schematic Design 19,656
Survey 25,000
Geotechnical 1,175
Phase Two: Design Development 16,791
Phase Three: Construction Documents 27,479
Reimbursable Expenses 4,318
Total Maximum Basic Fee to be Paid Consultant: 94 419
Maximum Basic Fee"
1.2.7.1 Compensation for all phases of work will be determined based on the
following:
1.2.7.1.1 hours actually worked on each respective phase
multiplied by the hourly rates enumerated in Section
1.2.7.3 hereinbelow,plus
1.2.7.1.2 overhead calculated at the rates indicated in
Attachment "D" for the Consultant and each of
subconsultant times the amount calculated in section
1.2.7.1.1; plus
1.2.7.1.3 a fixed fee based upon the percentage indicated in
Attachment "D" for the Consultant and each of
subconsultant multiplied by the sum of the products
of Sections 1.2.7.1.1 and 1.2.7.1.2;
provided that the total amount for each phase shall not exceed the
amount allocated in Section 1.2.7.
1.2.7.2 Reimbursable Expenses: The term"Reimbursable Expenses"as used herein
shall mean those actual expenditures incurred by Consultant, Consultant's
employees and consultants directly related to the Project,made for such items
as reproductions, blueprints, computer plots, photography, photographs,
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mailings, deliveries,renderings,models and mock-ups requested by Owner,
telecommunications, handling of drawings, specifications and other
documents, Owner-approved overtime, mileage at 280 per mile and living
expenses in connection with out-of-town travel. Reimbursable expenses will
be billed at actual cost based upon the amounts stipulated and agreed hereto
in Attachment "E," which is attached hereto and incorporated herein for all
intents and purposes; provided that such costs shall at no time exceed the
amount specified hereinabove. Reimbursable expenses will not include
expenses associated with facsimile transmissions,public meeting notices and
mailings to participate in the public involvement process, for all such costs
will be borne by Owner.
1.2.7.3 Hourly Rates: The following hourly rates shall apply to the Basic Services
and to any Additional Services performed by Consultant:
Principal 25.50
Associate 18.00
Professional Staff 15.00
Technical/CADD 12.50
Clerical 9.10
The hourly rates listed in Appendix "D," which is attached hereto and
incorporated herein for all intents and purposes, are those of Consultant's
subconsultants.
1.2.8 Project Schedule: Consultant and Owner agree that time is of the essence; and
as such, the Basic Services shall be performed in accordance with the following
schedule:
Weeks
Phase One: Schematic Design 14
Phase Two: Design Development 6
Phase Three: Construction Documents 10
Total 30 weeks from notice
to proceed
Such schedule along with a detail describing the entities required to perform the work
is more specifically outlined in Attachment "C," which is attached hereto and
incorporated herein for all intents and purposes. Consultant covenants,however,to
perform the work in the most expedient possible manner and shall prosecute the work
so as to, at a minimum, meet the dates set forth for the completion of the services
required herein. However, it is expressly agreed that the above-referenced time
schedule excludes all Owner, Texas Department of Transportation("TxDOT"),and
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Corp of Engineers ("COE") review periods, as well as all times not within the
reasonable control of the Consultant and/or any of the Consultant's employees,
subconsultants or agents.
ARTICLE II.
CONSULTANT'S SERVICES
2.1 Basic Services
2.1.1 The purpose of this Project is to prepare plans and specifications acceptable to Owner
for the construction of a 9,000 linear foot, 10 foot wide, multi-purpose bicycle and
pedestrian trail along the shores of Goose Creek Stream with the goal of providing,
upon completion, a non-motorized transportation option for bicyclists and
pedestrians who reside within,visit,or travel through the City of Baytown. The trail
will connect with Phase I underneath the West Texas Avenue Bridge and with Phase
II at Arizona Street, as further depicted in Exhibit"A,"which is attached hereto and
incorporated herein for all intents and purposes. This plan will also identify potential
linkages from neighborhoods, schools, shopping,public facilities,and employment
near the trail.
Consultant's Basic Services consist of the three phases more fully described below,
and include complete landscape architectural,civil and structural services necessary
to the design of the Project to the satisfaction of Owner. All such services must be
reviewed and approved by a registered professional engineer. Consultant will
develop the plans and specifications required herein giving due consideration to the
desires of Owner and to the public input received. Consultant shall perform all work
hereunder in a professional and diligent manner.
Consultant shall, from time to time during the progress of the work, confer with
Owner. Consultant shall prepare and present such information and studies as may
be pertinent and necessary or as may be required by Owner in order to evaluate
features of the work. At the request of Owner or Consultant, conferences shall be
provided at the Owner's offices at the City Hall or at some other place as may be
designated by the Owner. These conferences may upon request of Owner also
include inspection of Consultant's services and work.
All employees of Consultant shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Consultant,
who,in the opinion of Owner,is incompetent,or whose conduct becomes detrimental
to the work shall immediately be removed from association with the project.
Consultant certifies that Consultant will have throughout the term of this Agreement
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adequate, qualified personnel in his employment for the performance of the services
required under this Agreement.
2.1.2 The Consultant agrees to retain a subconsultant as part of this contract to survey,
locate utility lines,and develop information for base maps. The fee for these services
shall be included in the charges for the Basic Services and be subject to the
Maximum Basic Fee.
2.1.3 Consultant agrees to commence work immediately upon receipt of signed Agreement.
Such signed agreement shall be construed as Consultant's notice to proceed.
Consultant understands and agrees that Owner may rely upon all written statements
and recommendations made by Consultant pursuant to this Agreement, expressly
including those statements and recommendations contained in paragraph 2.2.12
below.
2.1.4 The trail specifications will adhere to American Association of State Highway and
Transportation Official's ("AASHTO") Guide for the Development of Bicycle
Facilities which have been adopted by the TxDOT for trail design. The trail design
shall also meet all applicable Americans with Disabilities Act("ADA")requirements.
2.1.5 Phase One will identify alternative alignments and seek input from the Goose Creek
Stream Development Committee in order to create an environment where people can
practically choose healthful non-polluting modes for purposeful trips. Additionally,
once the trail corridor is initially confirmed by the City in writing, survey work, and
geotechnical investigations shall be performed. The Project Budget will be
determined,based on the approved Schematic Design at the conclusion of Phase One.
2.1.6 Phase Two includes further refinement of the plan, after which in Phase Three final
plans and specifications will delineate the trail alignment, provide 1" = 50' scale
construction documents and construction cost estimates. Progress meetings with a
citizens' advisory committee will be an integral part of the process. A Public Hearing
will be held by the Goose Creek Stream Development Committee to review the final
design.
2.1.7 Throughout the term of this Contract, Consultant will make written recommendations
to Owner where a conflict may exist between the Project Budget and the current
estimated Project. The recommendations, including changes in the Project and/or
adjustments to the Project Budget will provide for adjustments to enable construction
of the Project within the final Project Budget and during the forecast period that the
Project will be bid.
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2.2 PHASE ONE: SCHEMATIC DESIGN
Schematic Design services include those designated services necessary to prepare drawings
and other documents illustrating the general scope, scale and relationship of the project
components for approval by Owner. Schematic design plans will be conceptual in character
and include the following elements:
2.2.1 Data Collection, including investigating existing conditions, making measured
drawings of the Project.
2.2.2 Obtain all available topographical and utility mapping and geotechnical information.
2.2.3 Obtain all digital files available.
2.2.4 Initiation meeting with Owner's representatives and Goose Creek Stream
Development Committee to confirm goals and specific project requirements.
2.2.5 Inventory existing conditions.
2.2.6 Walk trail with Owner's representatives, place flags along proposed route, and
photograph key trail sections.
2.2.7 Identify potential linkages to schools, shopping and entertainment areas, parks,
employment centers and other trip generators.
2.2.8 Identify potential access sites from neighborhoods.
2.2.9 Interface with TxDOT and railroads to determine best way to cross,utilize or parallel
their rights-of-way and prepare railroad exhibits in the format and in accordance with
the requirements of TxDOT.
2.2.10 Develop proposed facility design and location alternatives.
2.2.11 Recommend appropriate facility design based on projected usage.
2.2.12 Develop preliminary schematic alignment of proposed route, including any
alternative routes on 1" = 100' scale aerial provided by Owner.
2.2.13 Prepare a site survey,property boundary,ownership,topography, street and railroad
crossings, existing site utility information, and site geotechnical study and require
such services to be performed once the trail corridor is initially confirmed by Owner
in writing.
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2.2.14 Perform,once the trail corridor is initially confirmed by Owner in writing, a survey
investigation, which shall include the following:
2.2.14.1 Survey horizontal and vertical control.
2.2.14.2 Survey alignment of proposed trail. Verification will occur within a
100'wide corridor or as deemed appropriate by Owner.
2.2.14.3 Survey trees within corridor greater than 2" caliper.
2.2.14.4 Survey existing visible utilities within or adjacent to corridor.
2.2.14.5 Survey/detail existing street and railroad crossings.
2.2.14.6 Survey bridge and sites.
2.2.14.7 Cross sections of the proposed trail survey at a minimum of 100-foot
intervals along the trail showing existing conditions.
Horizontal and vertical surveying shall be performed to TxDOT requirements for
accuracy.
2.2.15 Perform a soil investigation: Consultant shall perform the services of soil engineers
as deemed necessary by Owner. Such services include test borings, test pits, soil
bearing values,percolation tests, air and water pollution tests, ground corrosion and
resistivity tests, including necessary operations for determining subsoil,air and water
conditions,with reports and appropriate professional recommendations for the design
of two bridges and associated retaining walls. The fee for Geotechnical Investigation
listed in Attachment"D" assumes that the site is accessible to four wheel drive winch
equipped drilling equipment. Should a dozer be required for clearing or to assist in
moving the drill rig,the associated cost would be additional services. It is also noted
that a"Ground Fault Study" is not part of the services outlined below. Consultant
shall perform, once the trail corridor is initially confirmed by Owner in writing, a
geotechnical investigation,which shall include the following:
2.2.15.1 Perform four(4)undisturbed borings (2—20 feet and 2 10 feet).
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2.2.15.2 Logs of soil borings with water levels.
2.2.15.3.Laboratory tests to evaluate the engineering properties of the soils.
The testing program shall include: Moisture and Density, Atterberg
Limits, Sieve Analysis, Penetrometer Readings and Unconfined
Compression Tests.
2.2.15.4 Incorporate the laboratory test data into an engineering analysis.
2.2.15.5 Provide fill placement criteria.
2.2.15.6 Provide geotechnical recommendations for the design of bridges and
retaining walls.
2.2.15.7 Incorporate soils informations listed above into an engineering report.
2.2.15.8 Provide recommendations to eliminate or minimize foreseeable
construction problems.
2.2.16 Develop final schematic alignment of proposed route based on topographical survey
provided by an experienced registered surveyor.
2.2.17 Develop preliminary opinion of construction cost for alignment, including
alternatives and preliminary estimate of landscaping.
2.2.18 Conduct preliminary plan profile with typical sections,assimilating input from the
Goose Creek Stream Development Committee.
2.2.19 Submit outline specifications for major elements of the construction of the Project
including, but not limited to, structural and special equipment.
2.2.20 Present preliminary plans to Owner and Goose Creek Stream Development
Committee.
2.2.21 Submit five (5) copies of drawings of Schematic Design plans to Owner for
distribution to TxDOT and COE .
2.2.22 Prepare Project Budget for approval of Owner.
Consultant shall not proceed with the Design Development Phase until all of the
Schematic Design documents have been approved in writing by Owner.
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2.3 PHASE TWO: DESIGN DEVELOPMENT
The purpose of this phase is to prepare, based upon the approved Schematic Design plan,
more detailed documents that further fix and describe the size and character of the trail
improvements related to probable construction cost that satisfies the requirements of the
Project Budget.
2.3.1 Based on survey information, Consultant shall perform the following:
2.3.1.1 Be responsible for the accuracy of drawings or other information,
including survey information furnished by an experienced,registered
surveyor or Owner.
2.3.1.2 Provide design, including all hydraulic calculations for all drainage
structures in the project, including culverts, inlets, bridges, etc., per
TxDOT requirements.
2.3.1.3 Provide design of bridges to meet AASHTO and TxDOT guidelines.
For the purposes of this Contract,the detailed designs of two(2) 14'
x 30' prefabricated bridges or boardwalks are included in the Basic
Services.
2.3.1.4 Provide design of retaining walls to meet TxDOT requirements. For
the purposes of this Contract,the detailed designs of retaining walls
associated with the design of the two (2) 14' x 30' prefabricated
bridges or boardwalks are included in the Basic Services.
2.3.1.5 Prepare for approval by the Owner Design Development Documents
that shall consist of drawings and other documents to further fix and
describe the character of the Project as to materials and patterns as
well as other such essential elements as may be appropriate.
2.3.1.6 Prepare outline specifications for elements of the Project for
consideration and approval by Owner.
2.3.1.7 Submit to Owner drawings and other documentation, which are
required by any appropriate regulatory agency having control over the
Project for such agency's approval.
2.3.1.8 Submit five (5) copies, each consisting of drawings and other
documents to fix and describe the size, cross sections and character
of the Project as to landscape architectural, and structural materials,
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and such other essentials as may be necessary or appropriate as
determined by Owner.
2.3.1.9 Meet,if necessary,with all appropriate governmental agencies having
control over the Project and mentioned in the basic services and
prepare drawings and documentation required of such agencies.
2.3.1.10 Submit to Owner a"Revised Opinion of Probable Construction Cost"
in a form acceptable to Owner and TXDOT. Any variance in the
current estimated construction costs that will adversely affect the
Project Budget will be submitted to Owner with appropriate
comments and recommendations pertaining to either the Project or
Project Budget prior to beginning the Construction Documents
Phase.
Consultant shall not proceed with the Construction Documents Phase until all of the
Design Development Documents have been approved in writing by Owner.
2.4 PHASE THREE: CONSTRUCTION DOCUMENTS
The purpose of this phase is to prepare from the approved Design Development Documents
complete working drawings, specifications and construction documents (collectively
Construction Documents") described below in detail for the consideration, review and
approval by Owner. The Construction Documents shall include site, structural, and other
details required by Owner for the construction of the Project. The Construction Documents
shall set forth in complete detail the requirements and specifications of the entire Project.
Included in the Construction Documents shall be appropriate bidding information to allow
TXDOT to advertise for the award of one or more contracts for the construction and
completion of the Project, or any phase thereof.
2.4.1 Construction Document services shall include:
2.4.1.1 Prepare Final Plan and Specifications. Design horizontal and vertical
profile of trail.
2.4.1.2 Incorporate comments from Owner and Goose Creek Stream
Development Committee.
2.4.1.3 Develop final plan profile drawings. Original drawings shall be on
22"x 34"vellum and final plans shall be half-sized to fit on 11" x 17"
mylar and be signed and sealed on each page by a professional
engineer registered in the State of Texas.
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2.4.1.4 Construction documents include the preparation of plans and
specifications for two (2) 14' x 30' prefabricated bridges or board
walks, and retaining walls(prefabricated bridges will be suitable for
light maintenance vehicles only).
2.4.1.5 Design trail signage as required by the Texas Manual on Uniform
Traffic Control Devices.
2.4.1.6 Design typical details as required to construct project,including a plot
of existing typical section versus proposed section at one hundred
foot(100') intervals.
2.4.1.7 Design landscaping associated with trail.
2.4.1.8 Assemble TxDOT's special conditions, standard specifications and
provide special specifications, as required by Owner,TxDOT,or any
other governing entity.
2.4.1.9 Revise statement of probable construction cost based on final
drawings.
2.4.1.10 Present plan at a public hearing held by the Goose Creek Stream
Development Committee.
2.4.1.11 Submit drawings to TxDOT, COE, and Owner for review and
approval.
2.4.1.12 Incorporate comments into final design.
2.4.1.13 Deliver plans to Owner, one (1) complete set of the Construction
Documents on reproducible vellum and five (5)bound copies of the
complete set of Construction Documents.
2.5 Project Representation Beyond Basic Services
In the event Owner requests and/or determines that full-time representation by Consultant
at the Project site is required, Consultant shall promptly provide such full-time
representation. The conditions under which such representation shall be furnished shall be
governed by a written supplemental agreement between Owner and Consultant.
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2.6 Additional Services
Consultant shall not proceed with Additional Services until the appropriate written
authorization from Owner has been acquired. The following services shall be considered
Additional Services. These Additional Services shall be paid for in the manner agreed to at
the time of authorization.
2.6.1 Preparing change orders and supporting data and/or revising previously approved
plans when the changes in plans and specifications previously finally approved by
Owner,TxDOT and COE are required by Owner. If changes are required to be made
because of omission, error, oversight, clarification or discrepancy in the work of
Consultant, Owner shall not be liable to compensate Consultant for additional
services or expense in connection with any such error, oversight, clarification or
discrepancy.
2.6.2 Providing consultation concerning replacement of any Project work damaged or lost
by fire or other cause during construction and furnishing professional services as may
be required or requested by Owner in connection with the replacement of such work,
unless such damage or loss was the result of Consultant's error or omission.
2.6.3 Providing any professional services over and above the contract requirements,when
required and requested by Owner,including professional services which might result
if Owner decides to "fast-track" the Project.
2.6.4 Providing consultation concerning archeological and historical research of a Civil
War-era boatyard that existed in the Project area or other similar studies.
2.6.5 Providing consultation concerning acquisition of land for Visitor's Center and/or
additional property required for the Project including determination of lands to be
acquired, estimated costs and procedures necessary to ensure adequate property is
obtained.
2.6.6 Providing consultation concerning land use compatibility with adjoining properties
and mitigation of undesirable impacts.
2.6.7 Preparation of multi-phase construction documents or multiple bid packages.
2.6.8 Preparation of General Specifications, Advertisement for Bid, Bid Evaluation,
Construction Contract Agreement, awarding contract and assembly of construction
documents.
2.6.9 Preparation of As-Built drawings.
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2.6.10 Providing services other than those outlined herein or reasonably contemplated
therefrom as Basic Services or that reasonably follow from those Basic Services.
2.6.11 Meeting, if necessary, with all appropriate regulatory agencies, other than those
mentioned in the Basic Services, having control over the Project and prepare
drawings and documentation required of such agencies.
2.6.12 Performing environmental assessments as requested by Owner.
2.6.13 Providing "Ground Fault Study."
2.6.14 Excessive clearing and/or additional equipment and labor cost to move soil testing
drill rigs in areas not accessible by standard four wheel equipment
2.6.15 Performing re-surveying work required herein necessitated by a change in the
location of the trail due to no fault of Consultant.
ARTICLE III.
OWNER'S RESPONSIBILITIES
3.1 Owner shall, in a timely manner, provide any information readily available to Owner
requested by Consultant regarding the requirements for the Project.
3.2 Owner shall designate, in writing, one representative authorized to act on its behalf. Owner
shall examine documents submitted by Consultant and render decisions pertaining thereto
within a reasonable period of time in order to avoid unreasonable delay in the orderly
progress of Consultant's work. Such person will have complete authority to transmit
instruction, receive information, interpret and define Owner's policies and decisions with
respect to Consultant's services for the Project.
3.3 If Owner observes or otherwise becomes aware of any fault or defect in the Project or non-
conformance of the Project with Consultant Documents, Owner shall give prompt written
notice thereof to Consultant.
3.4 The Owner shall furnish free of charge a reproducible copy of a 1" = 100' scale aerial map
of the Project area. Such information is, however, provided for Consultant's convenience
only. Owner makes no representation as to the accuracy or completeness of the information
tendered to Consultant, for Consultant has the duty to ensure all information used in any
manner concerning the services required to be performed herein is accurate and complete.
3.5 Owner shall furnish required information and shall render approvals and decisions within a
reasonable period of time in order to assist the orderly progress of the Consultant's services.
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ARTICLE IV.
CONSTRUCTION COSTS
4.1 DEFINITIONS
4.1.1 The construction cost designated or specified by Consultant shall be the total cost for
the Project.
4.1.2 The construction cost shall include at current market rates, a reasonable allowance
for overhead and profit,the cost and labor and materials furnished to Owner and any
equipment which has been designed, specified, selected or specially provided for
Consultant.
4.1.3 Construction cost does not include the compensation specified in the Fee Schedule
to be paid to Consultant and Consultant's consultants.
4.1.4 Consultant's opinions of probable construction cost are to be made on the basis of
Consultant's experience and qualifications and represent Consultant's best judgment
as an experienced and qualified professional familiar with the construction industry.
However, since Consultant has no control over the cost of labor, materials,
equipment or services furnished by others, or over the construction contractors'
method of determining prices,or over that competitive bidding or market conditions,
Consultant cannot and does not guarantee that proposals, bids,or actual construction
cost will not vary from opinions of probable construction cost prepared by
Consultant. Should the actual construction costs vary from the cost estimated by
Consultant, however, Consultant hereby agrees to perform again any of the Basic
Services Owner deems necessary in order for the actual construction cost to be within
the Project Budget approved by Owner.
4.2 RESPONSIBILITY FOR CONSTRUCTION COST
4.2.1 Consultant shall determine probable construction cost,which shall be in line with the
Project Budget. Based upon Consultant's best judgment as a design professional
familiar with the construction industry, Consultant shall prepare an opinion of
probable construction cost,which shall include any detailed estimates of construction
cost requested by Owner). Consultant understands and agrees that Owner has relied
and will rely upon Consultant's opinion of construction cost as represented in the
Project Budget. If, as a result of such evaluation and determination, the probable
construction cost exceeds the Project Budget,Owner shall,in its sole discretion either
accept the increased Project Budget or instruct the Consultant to re-design the Project
using the monies allocated for the same in the Project Budget. Such re-design, as
more fully described below, shall be at no additional expense to Owner. Consultant
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may make recommendations to Owner regarding the changes in the Project and/or
Project Budget, provided however, Owner shall not be bound by such
recommendation.
Any re-design required to be performed by Consultant shall include the preparation
and submission of new plans, specifications, drawings, statements, instructions,
notations or documents acceptable to Owner. Any re-design of existing plans,
specifications or documents shall consist of new and clean documents, pages or
sheets. Any deletions or changes, including deletions or changes by reference,strike-
overs, mark-outs, etc., will not be accepted.
4.2.2 A fixed limit of construction cost shall be agreed to as a condition of this Agreement
in conformity with the Project Budget, as agreed upon in writing by Owner and
Consultant at the completion of the Schematic Design Phase.
ARTICLE V.
PAYMENTS TO CONSULTANT
5.1 Payments due on account of Consultant's Basic Services shall be calculated in accordance
with this Contract and shall be made within thirty(30)days from the receipt of the services
or within thirty(30)days from the receipt of an appropriate invoice for the same,whichever
is later.
5.2 Each progress billing shall be accompanied by a narrative summary identifying the status of
the Project; and in no event shall the total amount of progress payments exceed the
Maximum Basic Fee. Owner reserves the right to request additional supporting
documentation.
5.2.1 The narrative summary must be in sufficient detail to support the progress of the
work and in support of the bill requesting monthly payment. The narrative must
show the names of employees,time worked,actual work performed and actual rates.
5.2.2 The narrative shall be prepared based on actual direct salary rates for the employees
involved on the project. Provision overhead rates for payroll additives and rates for
general and administrative overhead, both of which are detailed in Attachment"D"
shall be used. The sum of these two percentages shall apply for computing partial
payment of monies due and shall be adjusted to rates representative of actual
overhead costs of Consultant for the fiscal years during which the work of Consultant
is accomplished based on established annual practices developed in accordance with
sound accounting principles consistent with the Code of Federal Regulations,
Chapter 1,Part 31 "Federal Acquisition Regulation" ("FAR 31"). A fee based upon
the computation specified in Section 1.2.7.1 hereof shall be invoiced on a monthly
Professional Consultant Services Contract,Page 16
basis and paid in accordance with this Article, but not to exceed the maximum
amount per phase as stated in Section 1.2.7.
5.3 Payments for authorized reimbursable expenses and additional services for Consultant, as
hereinbefore referred, shall be made within thirty(30) days of the presentation, review and
approval by Owner and TxDOT of Consultant's detailed invoice of services rendered or
eligible expenses incurred, submitted in triplicate or the receipt of the additional services or
the receipt of the benefit from the reimbursable expense,whichever is later.
5.4 If any work designed or specified by Consultant during any Project is abandoned or
suspended by Owner, in whole or in part, Consultant shall be paid for the services actually
performed prior to receipt of written notice from Owner of such abandonment or suspension.
Consultant shall not be entitled to any compensation for any services not actually performed
or for any lost profits as a result of any abandonment or suspension of work by Owner.
5.5 Consultant's invoices to Owner shall provide complete information and documentation to
substantiate Consultant's charges and may be submitted to Owner by Consultant at least
monthly. All payments to Consultants shall be made on the basis of the invoices submitted
by Consultant and approved by Owner. Such invoices shall conform to the schedule of
services and costs in connection therewith set out hereinabove. All reimbursable expenses
shall be clearly shown. Should additional backup information or documentation be required
by Owner, Consultant shall comply promptly with such demand and the period of time in
which the Owner is required to tender payment shall be tolled until Owner receives all
requested information.
5.6 Owner reserves the right to correct any error that may be discovered in any invoice that may
have been paid to Consultant and to adjust the same to meet the requirements of the Contract.
Following approval of invoices,Owner will endeavor to pay Consultant promptly; however,
under no circumstances shall Consultant receive interest on amounts due.
5.7 Consultant reserves the right to stop work and adjust the project schedule without penalty
if payment for services invoiced is not received within fifteen(15)days after Owner receives
actual written notice of a delinquent payment. Once payment is received work shall
promptly continue.
5.8 Five percent(5%) shall be withheld pending completion of work under this contract and after
the final audit is completed. Final payment of any money due should be made to Consultant
after satisfactory completion of all services and obligations covered in this Agreement,
including acceptance of work by Owner and by the State and completion of final audit. The
release of retainage does not relieve Consultant of the responsibility of correcting any errors
and/or omissions resulting from Consultant's negligence.
Professional Consultant Services Contract,Page 17
5.9 Owner has the right to withhold from Consultant's compensation liquidated damages as well
as any monies due Owner by Consultant.
ARTICLE VI.
CONSULTANT'S ACCOUNTING RECORDS
6.1 When required or within five (5) days when requested by Owner, Consultant shall make
available its records pertaining to Consultant's direct salary expense, consultant and
reimbursable expenses pertaining to the Project,which are allowable under the provision of
48 C.F.R. Chapter 1, Part 31, Federal Acquisition Regulation(FAR 31).
6.2 Records of accounts between Owner and Consultant and all other accounts which pertain in
any way to the Project shall be kept in accordance with Generally Accepted Accounting
Principles/Standards and copies made available to Owner within five(5)days of the Owner's
request at Owner's expense.
ARTICLE VII.
SUSPENSION, TERMINATION, DEFAULT,AND FORCE MAJEURE
7.1 In connection with the work to be performed as outlined in this Contract, it is agreed and
fully understood by Consultant that Owner may cancel or indefinitely suspend further work
hereunder or terminate this Contract upon fifteen(15)days'written notice to Consultant with
the understanding that immediately upon receipt of said notice, all work and labor being
performed under this Contract shall cease. Consultant shall invoice Owner for all work and
shall be compensated in accordance with the terms of this Contract for all work
accomplished prior to the receipt of said notice. No amount shall be due for lost or
anticipated profits. All documents, including Drawing and Specification provided or
furnished by Consultant (or Consultant's Consultants) pursuant to this Contract, shall be
tendered to Owner upon payment for the same. In the event that Owner elects to terminate
this Agreement, Owner shall be relieved of all further obligations and liabilities under this
Agreement and Consultant fully releases Owner therefrom.
7.2 If Consultant defaults in performance of this Agreement or Owner terminates the contract
for fault on the part of Consultant, Owner will give consideration to the actual costs incurred
by Consultant in performing work to date of default,the amount of work required which was
satisfactorily complete to date of default,the value of the work which is usable to Owner,the
cost to Owner of employing another firm to complete the work required and the time
required to do so, and other factors which affect the value to Owner of the work performed
at time of default.
Professional Consultant Services Contract,Page 18
1` ,
7.3 If the Owner causes substantial delay in the Consultant's schedule by failing to respond as
required herein, the schedule may be amended proportionately or resolved as otherwise
agreed.
7.4 Nothing contained in paragraph 7.1 above shall require Owner to pay for any work which
is unsatisfactory and which is not submitted in compliance with the terms of this Contract.
Owner shall not be required to make any payments to Consultant when Consultant is in
default under any provision of this Contract,nor shall this Article constitute a waiver of any
right, at law or in equity, which Owner may have if Consultant is in default, including the
right to bring legal action for damages or for specific performance of this Contract.
7.5 Neither Owner nor Consultant shall be required to perform any term, condition or covenant
of this agreement so long as performance is delayed or prevented by force majeure, which
shall mean acts as God, drought, floods,material or labor restrictions by any governmental
authority, and any other cause not reasonably within the control of either party in which,by
the exercise of due diligence, Owner or Consultant is unable to prevent or overcome. All
reasonable efforts shall be undertaken to mitigate effects of such delay or failure to perform.
ARTICLE VIII.
DOCUMENTS AND OWNERSHIP OF DOCUMENTS
8.1 Plans and drawings will be prepared and submitted by Consultant to Owner for approval on
22" x 34" sheets with all lettering clearly legible when the sheets are reproduced and reduced
to I I" x 17" (half size).
8.2 All Consultant's designs and work products relating to the Project,including,but not limited
to tracings, drawings, estimates, specifications, investigations, studies and other documents
completed shall remain the property of Consultant. Provided however, Consultant hereby
grants and conveys an ownership interest to Owner in the said designs and work products
relating to the Project without additional compensation. Provided further that in the event
Owner uses said designs and work product without Consultant being retained to provide
professional consulting services in relation to said use, Owner does release the Consultant
from any liability which may result from the subsequent use thereof. Consultant shall
provide Owner with a complete set of transparencies of the designs and plans for subsequent
reproduction, at Owner's expense,within three(3)days of receipt by Consultant of Owner's
written request for the same.
8.3 Consultant shall have no liability for changes made to the drawings, designs and work
products by others subsequent to the completion of the Project. Any such change shall be
the responsibility of the person making the change and shall be sealed by the person making
the change and shall be appropriately marked to reflect what was changed or modified.
Consultant shall have no liability for any use by Owner of the plans, drawings,designs,and
Professional Consultant Services Contract,Page 19
work products for purposes other than the Project which is the subject matter of the Contract,
unless Consultant is hired for such other project.
ARTICLE IX.
RESPONSIBILITY FOR WORK, INDEMNIFICATION AND INSURANCE
9.1 Approval by Owner shall not constitute nor be deemed a release of the responsibility and
liability of Consultant, its employees, subcontractors,agents and consultants for the accuracy
and competency of their designs,working drawings, specifications or other documents and
work; nor shall such approval be deemed to be any assumption or an indemnification for
such responsibility or liability by Owner for any defect, error or omission in the design,
working drawings, specification or other documents prepared by Consultant, its employees,
subcontractors, agents and consultants.
9.2 Consultant, at Consultant's sole cost and expense, shall purchase and maintain throughout
the term of this Contract, the insurance policies with minimum coverage as specified as
specified in Attachment"F."
9.3 Before commencing any work, Consultant shall file with Owner valid Certificates of
Insurance and endorsements acceptable to Owner.
9.4
CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD
HARMLESS AND DEFEND OWNER, ITS OFFICERS, AGENTS, AND
EMPLOYEES 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
OWNER UNDER THIS CONTRACT. IN THE EVENT OF PERSONAL INJURY
TO OR DEATH OF CONSULTANT OR CONSULTANT'S EMPLOYEES, SUCH
INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIMS,
LOSSES,DAMAGES,CAUSES OF ACTION,SUITS OR LIABILITY ARISE IN
WHOLE OR IN PART FROM THE NEGLIGENCE OF OWNER. SUCH
INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING
FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF
PERSONS OTHER THAN THE CONSULTANT OR ITS EMPLOYEES THAT IS
CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF OWNER.
Professional Consultant Services Contract,Page 20
9.5 By this Agreement, Owner does not consent to litigation or suit, and Owner 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.
Consultant assumes full responsibility for the work to be performed hereunder and
hereby releases, relinquishes and discharges Owner, 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 work to
be performed hereunder. THIS RELEASE SHALL APPLY REGARDLESS OF
WHETHER SAID CLAIMS,DEMANDS,AND CAUSES OF ACTION ARE
COVERED IN WHOLE OR IN PART BY INSURANCE AND REGARDLESS OF
WHETHER SUCH LOSS,DAMAGE, OR INJURY WAS CAUSED IN WHOLE
OR IN PART BY THE NEGLIGENCE OF THE OWNER.
ARTICLE X.
ASSIGNMENT
10.1 Each of the Parties hereto bind themselves,their successors, assigns and legal representatives
including any Trustee in bankruptcy or debtor in possession of Consultant) to each other
with respect to the terms of this Contract. Consultant shall not assign, sublet or transfer any
interest in this Contract without prior written authorization of Owner.
10.2 All subcontracts must be approved in writing by the Owner prior to subcontractor's
commencement of any work.
ARTICLE XI.
AMENDMENTS
11.1 This Contract, represents the entire agreement of the parties hereto and, may only be
amended or supplemented by mutual agreement of parties hereto in writing.
ARTICLE XII.
COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES, ETC.
12.1 Consultant, its subconsultants, agents, and employees shall comply with applicable Federal
and State laws,the Charter and Ordinances of Owner,as amended, and with applicable rules
Professional Consultant Services Contract,Page 21
and regulations promulgated by local, state or national boards, bureaus and agencies,
including any professional societies of which Consultant may be a member. Consultant shall
obtain all licenses required for the performance of the professional services contracted for
herein.
12.2 Consultant will pay all taxes, if any, required by law arising by virtue of the services
performed hereunder. Owner is qualified for exemption pursuant to the provision of Section
151.309 of the Texas Limited Sales, Excise and Use Tax Act.
ARTICLE XIII.
NONDISCRIMINATION
13.1 As a condition of this Contract, Consultant hereby covenants that it will take all necessary
action to ensure that, in connection with any work under this Contract, it and its consultants
and subconsultants will not discriminate in the treatment or employment of any individual
or groups of individuals on the grounds of race,color, religion, national origin, age, sex or
physical handicap unrelated to job performance, either directly, indirectly or through
contractual or other arrangements.
13.2 Consultant shall comply with the regulations relative to non-discrimination in federally-
assisted programs of the United States Department of Transportation, Title 49, Code of
Federal Regulations, Part 21 and Title 23, Code of Federal Regulations, Part 710.405(b).
ARTICLE XIV.
VENUE AND NOTICE
14.1 This Contract shall be performable in Baytown, Harris County, Texas. This Contract shall
be governed by and construed in accordance with the laws of the State of Texas.
14.2 All notices required to be given hereunder shall be given in writing by telecopier,oversight,
or facsimile transmission, certified or registered mail or by hand delivery at the respective
addresses of the parties set forth herein or at such other address as may be designated in
writing by either party. Notice given by mail shall be deemed given three (3)days after the
date of mailing thereof to the following address:
CONSULTANT
Larson/Burns,Inc.
Attn. Brian J. Larson
1108 West Avenue
Austin, Texas 78701
Telephone: (512)476-1559
Fax: (512)476-8128
Professional Consultant Services Contract,Page 22
OWNER
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Telephone: (281)420-6501
Fax: (281) 420-6586
ARTICLE XV.
TERM
15.1 Unless sooner terminated in accordance with the applicable provisions hereof,or extended
by mutual agreement approved by Owner,the terms of this Contract shall be from the date
hereof until final completion of the Project and all professional consulting in connection
therewith, or resolution of any outstanding Project-related claims or disputes caused by
Consultant's negligence. Other Project-related claims or disputes will be included in the
terms of Additional Services.
ARTICLE XVI.
FINANCIAL INTEREST PROHIBITED: CONFIDENTIALITY
16.1 Consultant covenants and represents to Owner that Consultant, its officers, employees,
agents, consultants and subcontractors will have no financial interest, direct or indirect, in
the purchase or sale of any product, material or equipment that will be recommended or
required for the construction of the Project.
16.2 Consultant understands that the Charter of the City of Baytown provides that"[n]o member
of the council or any officer or employee of the city shall have a financial interest, direct or
indirect or by reason of ownership of stock in any corporation, in any contract or in the sale
to the city or to a contractor supplying the city of any land or rights of interest in any land,
material, supplies, or service. Any willful violation of this section shall constitute
malfeasance in office and any officer or employee of the city found guilty thereof shall
thereby forfeit his office or position. Any violation of this section with knowledge express
or implied of the person or corporation contracting with the city shall render the contract
voidable by the manager or by the council."
Professional Consultant Services Contract,Page 23
ARTICLE XVII.
ADDITIONAL TERMS
17.1 Consultant represents that the services offered or performed by Consultant pursuant to this
Contract shall be suitable for the intended use and purpose by Owner for the Project and such
services of Consultant shall endeavor to be in compliance with applicable statutes, laws,
regulations and codes pertaining to the Project and the intended use by Owner of the Project.
17.2 Owner and Consultant expressly agree and understand that this Agreement shall not create
a partnership or joint venture between Owner and Consultant.
17.3 Notwithstanding anything to the contrary contained in this Agreement, Owner and Consultant
hereby agree that no claim or dispute between Owner 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. Section 1 - 14),or any
applicable State arbitration statue, including, but not limited to, the Texas General
Arbitration Act, provided that in the event that Owner 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 Owner of complete relief to
be recorded in the arbitration proceeding.
17.4 Failure of either party hereto to insist on the strict performance of any of the agreements
contained herein or to exercise any rights or remedies accruing thereunder upon default or
failure of performance shall not be considered a waiver of the right to insist on and to enforce
by an appropriate remedy, strict compliance with any other obligation hereunder to exercise
any right or remedy occurring as a result of any future default or failure of performance.
17.5 This Agreement shall not bestow any rights upon any third party,but rather, shall bind and
benefit Consultant and Owner only.
17.6 Should any of the provisions contained in any of the contract documents be in conflict or
inconsistent with each other, such conflict or inconsistency shall be construed in favor of
Owner. Furthermore,both parties expressly agree that the City Manager shall be sole and
final decision-maker should any conflict arise hereunder.
17.7 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.
17.8 The officers executing this Agreement on behalf of the parties hereby confirm that such
officers have full authority to execute this Agreement and to bind the party he/she represents.
Professional Consultant Services Contract,Page 24
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies,each of which shall be deemed to be original,but all of which shall constitute but one and
the same Agreement on the_Lit_day of 1997,the date of execution by
the City Manager of the City of Baytown.
OWNER: City of Baytown
By:
BOBBY ROUNT , City Manager
Date:
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
C'./ .,C.- -
je&C_ IO RAMIREZ, ., City Attorney
CONSULTANT: Larson/Burns, Inc.
By: f*# k*w PVT
BRIA LARSOON, President
Date: (0//3
STATE OF TEXAS
COUNTY OF HARRIS
Before me on this day personally appeared BRIAN LARSON in his capacity as President of
Larson/Bums, Inc. on behalf of such corporation, known to me to be the person whose name is
Professional Consultant Services Contract,Page 25
subscribed to the foregoing instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed.
YaySUBSCRIBEDANDSWORNbeforemethis/J o 1997.
11-14.4 L,,d& (,., a
otary Public in and for he State oldexas
INV
BRENDA J.DOYLE
Nolary PuNc,State of Texas
Mp QommWlort DpNss,an.o,200i
c:klh38\community development\151arsonburns.wpd
Professional Consultant Services Contract, Page 26
J
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41
1
i RASE I v
i
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1.
rt- END PHASE III
AT WEST TEXAS AVENUE BRIDGE o Ifj w loerr
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Park ;
i Jill Rest Sk ,,j.!"g
a' ../ may Icmor`t i',•
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BEGIN PHASE III
AT ARIZONA STREET
b
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PFIASE II
r- :
Oil r-
eM ' wells i . ° OSc"
f ' CREEK
f
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O 1 . o .
EXIBIT A
NOt TO Soak
GOOSE CREEK STREAM TRAIL
North PHASE III
4P# ,
ATTACHMENT ' B '
DISADVANTAGED BUSINESS ENTERPRISE
DISADVANTAGED BUSINESS ENTERPRISE: GESHARD/SARMA GROUP, INC.
511 West 7th Street
Austin, Texas 78701
Bruce S. Aupperle
Contact Person
512 476,6595
Telephone Number
SERVICES TO BE PERFORMED: Civil Engineering
AMOUNT OF COMPENSATION TO SE PAID: 12,600
PERCENT OF CONTRACT: 13.7%
PRIME RESPONSIBILITY ATTAMvIENT C
CDSLIPPORT RESPONSIBILITY
o
o V) SCHEDULE
MONTHS
DOES NOT ENCLUDE REVIEW TwIE
V)
U a o
Cz1 V
I. 1 SCHEMATIC_DESIGN I
i Prtilirninar • Dcsi•n I
D31a co!lccliun
I jobtain available ICfonnauw from City I
j Ubtain all dibita( fdc{a a,l bl t
Inital m.ce-ting with Owncr r
s Invcntor cNisting condition
W:)Ik.trail xvith Ucercr i I
1 Idcntil lima cs to scnoundin land uses
tI I JProvide consultation for compliancc•.vide rcgs
I Identify po,cmlial access site, I ,I
t Interface widi TzDO-and rwhuads I
Do-clop facility desi n altcmatiycs
Reeowmend aPltropria;c dcsiv I
lDcvcl(,p preliminary trail nligrunects I
Sitc Sun'c /Geote.hnicxl t ,-
Prc aro site surnc r Ij
I Prcrtarc c:olcehnieal r-'"
Final Schem;)tic Design
r I D,.vclo•)final schematic<Jcsil n I I I. I I I
I (—' ll)yc;!ol)i)rciiminary c l<,linlatc I ` I I
I)rc;vc ouliiue spv ilicxiur)s f-'f I 1
1 Present nrclimina: Inns to Utc'n_t
rJ)are I',:jeer Budgct_
J IILlDES1G,V DEYELOP,NIEI T I I
f l till I I I ruvidc c:e<,gn lily dr,in:c save:arc.I I
7I'ruyi&&.sign lie hr'J
f Provide e!e.iyn lie•rc:ai:cnt ti%alli i I i_ I I I
w I Pic ,.e i)esi n DcycloprT.c,ll DucLrxr.ts I ! '
I're arc out linc.,t <citica;ioni I I I I
Submit dro%6i s lu Otcncr I
r I ISubmit 5 co;)tcS as detenittrted b'i Ottncr I i
ti fcain', lv overnm.-mial nl encKz I
Suhmll cu.ms e.s(im:;tc
II I,CONSTi.UCTION DOCU,IEtiTS
Ir i U<si n hor,ror,lal& verti nl Proftic
Incorpornic comments Civil)0%"d; Cur-an. _ I 1 - i-
Irinal )Ian dratvins!s an ! i' x 17'mviar I
UC51 n britJ i cro nlbs I i I
1 I "I n lruil I r
flu
it Ihr n t 'l,tcal deluits:uldyet iun, I I
A::; l[ile R`aal wildllWni c G i11`el!Ii:ItlUlli I
III I i2e•isc robahlc C(NLttNCl:pa l'U t' I
I I'rc.ult Ilan at1—iuhlic hcarir—
I Suhmil dratein s lu'C.Uf, CO[,J'c C cncr _ _ _ i _ I
r r I — Inca, )<lrak:Coll 1111ent.i HI final flan
hw(ttr Otcncr(1)t'ellurtt;j`I rcrtcl ctt 1' T(f I t I }
I'chtuarp 21, 1997
ATTACHMENT 'D'
LARSON/BURNS,INC.
GOOSE CREEK STREAM GREENBELT,PHASE m
March 20,3997
Estimated Time In Manhours
Work Categories Principal Associate Professional Tccbaicel Clerical.
Staff
Phase One: Schematic Design
preumibary Design
pail Collection 4 4 0 0 0
Obtain and Review City Information 4 4 0 0 0
Initial Meeting with City 2 2 0 0 0
Walk Trail with Coaunittee 4 4 0 0 0
Inventory Existing Conditions 8 4 2 0 2
Identify Potmn al Linkages 4 2 2 0 0
Provide tortsuhation for Cocnplisro 2 2 0 0 2
Identify Potential Access Sitcs 4 4 0 0 0
Int=faoe with TxDOT d Railroads 8 0 2 0 2
Develop Trail Design Alt=stiws 12 8 2 2 , 0
Rc-AcwAltennativcs 8 0 0 0 0
Prepare prelirninary Trail Design 12 8 2 2 2
Approved Prdirn r Design 8 0 0 0 0
80 42 10 4 8
Site Surrvey/Ccotcchnical
Coordinate Site Survey 8 0 0 4 2
Coordinate Geotechnical 8 0 0 4 2
15 0 0 8 4
Final Schematic Design
Prepare Final Schematic Design 8 8 24 4 2
Prepare Preliminary Cast Estimate 2 12 4 1 2
Prepare Prclirninnry Typical Sections 4 4 12 4 1.
prepare Outline Specificatims 8 4 4 0 4
Present Schematic Design Plan 8 0 0 0 0
Submit Plans to Owner and TxDOT 1 4 0 0 2
Prepare Project Budge for Approval 12 1 4 0 4
43 33 48 9 15
SUBTOTAL for Phase One 139 75 58 21 27
ATTACHMENT V
LARSONIBURNS, INC.
GOOSE CREEK STREAM GREENBELT,PHASE M
Estimated Time in Matibours
Work Categories Principal Associate professional Techrtical Clerical
Stag'
Phase Two: Design Development
Coordianate Design for Drainage 4 2 2 0 l
Coor+dirude Boardwalk Deign 8 2 1 0 1
Coordinate Retaining Wall Design 8 2 0 0 2
Prepare Design Develepmmt Plans 12 32 24 60 2
Prepare Outline Speeifi"doas 2 12 0 0 4
Submit Plans to Owncr and TxDOT 4 0 0 0 2
Moetings with Client 8 0 0 0 0
Submit Revised Cost Estimate 12 4 0 0 2
SUBTOTAL for Phut Two 58 54 27 60 14
Phase Three: Construction Documents
Design Frvfilc':of Trail 4 2 2 0 0
Lnoorporate Owner Comments 4 2 16 8 2
Final Plans 12 24 60 24 4
Design Bridge Crossings 6 12 4 4 1
Dcsip Trail Signage 8 4 24 4 0
Design Details/Sections 6 8 12 4 0
Design Trail Landscaping 12 8 40 12 4
Asscrnblc Special Conditions Spec 6 12 4 1 4
Update Cost Estimate 2 24 2 2 2
Present Plan at Public Hering 8 0 0 0 0
Submit Mans 4 0 0 0 0
lncorwrate Final Cornn=t5 8 12 24 16 4
SUBTOTAL for Phase Three _ 72 108 . 188 75 . . 21
A►TTACHMENT 'D'
LARSON/BURNS,INC.
GOOSE CREEK STREAM GREENBELT,PHASE III
March 20, 1997
Total Cant BrzaUown
Phase One
94aaifcalion Ej4SUS Bata S:ssi
principal 139 25.50 S3,545
Associate 75. S 18.00 1,350
Professional Stag' 58 S 15.00 870
TochnicaUCADD 21 S 12.50 263
Clerical 27 S9.10 246
Subtotal 320 6,273
Phase Two
QLaszsifraVon Ealn Ssst
Principal 58 525.50 S 1,479
Associate 54 S 18.00 972
Professional Staff 27 S 15.00 405
Tachui 4VCADD 60 S 12.50 750
Clerical 14 S9.10 S 127
Subtotal 213 S3,733
Phase Throe
Principal 72 S25.50 S 1,836
Associate 108 18.00 S 1,944
Professional Scsff 188 15.00 S2,820
Tecltri csl/CADD 75 12.50 938
Clerical 21 9.10 S 191
Subtotal 464 57,729
ATTACHMENT 'D'
LARSONBURNS, INC.
GOOSE CREEK STREAM GREENBELT,PHASE III
May 1, 1997
Summary of Costs: Coasultust
Phase One 320 S6,273 $10,037 S 1,957 18,267
Phase Two . 213 3.733 5,973 1,165 S 10,870
PhaseThr= 464 S7,729 $12,366 2.411 S22,507
Total 997 S17,735 $28,376 5,533 S51,644
D C ta 11ra SZJ 1lIX SKS T4S 1 I
Subcontract-Gcbhard/Sarma 12,600 DBE
Subcontmet-Busch,Hutchison Associates 25,000
Subcontract-Coastal Testing S 1,175
Larson/Bums,Inc. Reimbursable Expcnvcs
Reproduction total S 1,618
Mileage(5 trips) miles 1800 0.28 504
Materials d:Supplies total 900
Mailing and Tekoommunication total S 1'50
Out of Town Pcr Dian days 8 116.00 928
Total Direct Costs S42,773
TOTAL PROJECT COSTS S94,419
13.7%DBE Participation
Summary.of Costs Per Pt me
Pbasc Onc: Larsoa,Burns, Inc. S 18,267
Gebhard1Sarma 1,389
Bush,Hutchison S25,000
Coastal Tcsting 1,173
Totai Phase One 545,831
Phase Two: Larzoml3urns,Inc. 10,870
Gebh2td/Sama 5.921
Total Phase Two 16,791
Phasc Throc: Lars=Bums,inc. S22,507
Gcbhard/Sarrnn 4,972
Total Phasc'lhroe 27.479
Reimbursable Expenses Sa 118
Total Project 594,419
ATTACa"vMNT D GOOSE CREEK BUDGET
Goose Creek Greenbelt
City of Baytown
Gebhard Sarma Grou , Inc, subconsultant Proposal
Assistant Engineerin I Administative
Task E29ineer Engfneer Technician] Assistant TOTAL
Schematic _sign 10 10 2 21 24
Meetings& Site Visit
Design Standards
TxDOT&RR Interlace
Site Surve
Geotechnical Stud
Preliminary Cost Est.
Outline Spedficationsl
Pro}ect Budget
Desi n Development 1 401 40 20 5 105
Drainage Structures
Brid es
Retaining Walls
Meetings
Construction Documents 40 20 20 51 85
Bnd es
Details and Sections
Meelin s
TOTAL HOURS gol 70, 421 121 214
DIRECT RATES 26.00 S 16.00 S 13.00 $11.00
TOTAL DIRECT LABOR S 2,340.00 S 1,120.00 S 545.00 $ 132.00 ' S 4,138.00
OVERHEAD (165% S 3,861.00 $ 1,848.00 S 900,90 $ 217.80 S 6,827.70
FIXED FEE 12% 744.12 S 356.16 S 173.63 S 41.98 S 1,315.88
TOTAL LABOR COST 6,945.12 S 3,324.16 $ 1,620.53 S 391.78 S 12.281.58
DIRECT COSTS
289,42
Milea e S 29.00
Miscellaneous
S
TOTAL DIRECT COSTS
318.42
I
TOTAL ESTIMATED COSTS; LABOR AND DIRECT S 12,600.00
ATTACHMENT 'D'
MCCULLEY & HALL SURVEYORS 1107FLEET1,-v000 • BAYTOWN,TEXAS 775"
D+YW*n of BUSCH, HUTCHISON & ASSMATE8•ENinevrs i AmNtecls•(713)422-9213•(406)267-WI
April 29, 1997
Mr. Brian J. Larson
Larson/Burns
1108 West AV40
Austin, TX • 78701
RA: COST BRXAXDOVN YOR BOUNDARY AND TOPOORAPHIC SURVEY 'kOA
PROPOSED GREEMBELT TRAIL ALONG GO"Z C"ZX, BAYTOWN, HARXIS
COUNTY, TBJJW.
Dear Kr Larson:
In response to your request for a breakdown of the lump gun cost.
that was sent to you by letter of July-30, 1996, and revised
August 30, 1996. The total as revised August 30, 1996, wag
25,000.00, The following is a breakdown of the cost for this
survey and topo.
BOUNDARY SURVEY
CONTROL
Field work and office work 3790.00
TIES
Field work and office work 10760.00
TOPOGRAPHIC SURVEY
CONTROL
Field work 2110. 00
TO PO
Field work and office work 7840. 00
RECORD RESEARCH BY OUTSIDE SOURCES 500.00
TOTAL - 25,000.00
This survey will be platted on 22" x 340 mylar and an AutoCad V12
foruat drawing will be supplied.
The cross sections of the proposed trail survey will be taken at
a lainimun of 100 foot intervals along the trail corridor.
As we have discussed, this cost is for a ONE TIME survey of the
trail route. Changes to the route after this FIRST SURVEY that
require additional surveying will be charged using our existing
rate schedule.
J
D
L COASTAL TESTM LABOMTOFMS, Cw
PASADENA 713.477-0121 FAX 713477.2277 P.O.BOX 87653 HouSTON.TEXAS 77287.7653
May 9, 1997
Mr. Brian J. Larson, ASLA
LARSON/BURNS Landscape Architecture
1108 West Ave.
Austin, Texas 76701
Subject :proposal - Geotecnnieal Investigation & Testing
Bicycle Trail Bridges, Harris County, Texas
Dear Mr. Larson:
in accordance with your request, we are pleased to provide
this proposal for furnishing a Geotechnical Investigation for the
subject project.
Our report would include but not necessarily be limited to:
Perform four 1,4) undisturbed borings f2 - 20' and 2 - 15' ) .
Logs of Soil Borings with water levels.
Laboratory tests to evaluate the engineering
properties of the eoils. The testing program would
include: Moisture and Density, Atterberg Limits,
Sieve Analysis, Perietrometer' Reading9, and 'Unconfined
Compression Tests .
incorporating the laboratory test data into an
engineering analysis.
Provide fill placement criteria.
Provide geotechnical recommendations for the design of the
bridges and the retaining walls .
Provide recommendations to eliminate or minimize
foreseeable construction problems.
ATTA_ . __.L._
Continued: Proposal : Bicycle Trail Bridges, Harris County, Texas
Page 2 of 2
05/09/97
Incorporating all of the above into an engineering
report.
we propose to perform the services outlined above at a price
of $16 .07 per linear foot + a mobilization fee of $50.00 for a
total sum of $1175 . 00. The fee assumes that the site is accessible
to four wheel drive winch equipped drilling equipment . Should a
dozer be required for clearing or to assist in moving the drill
rig, the associated costs would be in addition to our fee. If
there is 'a need to modify the scope of services or fee, it would
be discussed wi h you: in advance .
A "Ground Fault Study" is not part of this proposal.
We estimate we would begin field explorations within two days
of your authorization to proceed, and would submit our report
within one week subsequent to completion of the field
explorations.
Should you wish: to" authorize our services, please have the
responsible party sign in the space provided below. Return one
copy to our office to authorize our proceeding.
We appreciate the opportunity to submit this proposal.
Should you have any questions regarding the services outlined, or
other services we can provide, we shall be pleased to discuss them
with you.
Respectfully submitted,
COA .AL TE Ih ORATORIES, INC.
e All
Chief En ineer
MSA/mcc
xc: File
This proposal is accepted and *,uthorized by:
Print Name) Signature)
Company) Title)
ATTACHMENT D
stlUNG RAY"
Busch,-Hutchison 8 Associates, ln, Effo tt o 1-147
1.107 Fleetwood
Baytown, Texas 77520
Jwn"P. Huich4on, Prtnctpal Er4r*w us,00
AJ Buso, F'rinc.Jpal ArcMact 44.00
Jerry Gsirwr, Sr. Er4n"r 76.00
Roban L He, Englnoor i Rep. Surveyor 75.00
dwrp.laromo.Sr. Desbrier 65.00
Bury W del)aad, ReQ.Archhocl dd.OQ
David.Black, Sr. Eng4vaor/Desionor 60.00
Klrlc Oattii Artltiiad 68.00
Bmce Res, Sr. D93lgner/archttod S3.00
Roy Pwwr, RogWerod Surveyor 55.00
H. a. hlamtfion, Corutructlon twpactw 0.00
Wzy Ayam,Accoun tan VAdmFlisfrAlion
Munroe Kslwy, CARD Oporalor/Survoy OMCS Support 50.00
Aw su441ta, DravAffw 44.00
4a.D0
Jody Mlnor, CADD Opor(xtodsurvoy 0ttica 54port 3e.00
Mark Nash. DrafLcman 37.00
3u rye y cr,w Rate
G-man Crww 136.00
4-Um C n w
3-#.4an crrw QSAo
2-M"Cr*w W.00
Outside Rocard Ressam b Cost
Swvoy Crews includo voNdo, aU necessary oqulprneni, and a"odAWa3.
Prtndpal or .Mtr.HA cona.u*jo with Atio+nay Wfom tosllmony In court and for tesiltyina In court will
be Woo ai ;l o0.00 per hour.
t
ATTACHMENT D "
HOURLY RATES
Gebhard / Sarm.a Group , Inc .
511 Wcst 7th Suet[
Austin,Tcxss 78701
Principal 590.00-S 150.00
Projcti lvfanagu 110.00
Projcct Enginccr 75.00
Enginccr 565.00
e,uisla Eng=r S55.00
Engir=ting Tah. If S50.00
Engin=rirg Tech. I S-15.00
Draftsman S3 5.00
Sccrcury 530.00
II
l
ATTACHMENT E '
Reimbursable Expenses
Larson / Burns , Inc .
1108 West Avenue
Austin.Texas 78701
512.476.1559
May 1, 1997
Black and White Computer Plots
Bond S 1.25 per sf
Vellurn S 1.75 per sf
Mylar 6.00 per sf
Color Computer Plots
Bond 4.75 per sf
Diazo Prints
Bluelinc 0.33 per sf
Presentation Blackline $1.10 per sf
Mylar 6.00 per sf
Dry Mount
Foam Core S3.10 per sf
Xerox Copies
8 1/2"x 11",20lb.0.08 per copy
Adhesive Back Xerox S 1.50 per copy
User Copies
8 1/2"x 11",20 lb.SO.10 per copy
Binding Reports
GBC Binding S1.50 per rcpon
Spiral Binding 2.50 per mpoct
a
Minimum Insurance Requirements
Commercial.General Ui ibility(CGL)
General Aggregate: $1,000,000
Products&Completed Operations Aggregate: $1,000,000
Personal &Advertising Injury: $1,000,000
Per Occurrence: $500,000
Fire Damage: $50,000
a Coverage shall be at least as broad as ISO CG 00 01 10 93
b. No coverage shall be excluded from standard policy without notification of individual
exclusions being attached for review and acceptance.
Business Automobile Policy (BAP)
Combined-Single Limits: $500,000
OR
BI Per Person: $100,000,
BI Per Accident: $300,000, and
PD Per Accident: $100,000.
a. Coverage for"Any Auto."
Errors & Omissions (E&O)
Limit: $250,000
a. For all architects, engineers, and/or design companies,
b. Claims-made form is acceptable.
C. Coverage will be in force for three (2) years after project is completed.
Workers'Compensation: Statutory Limits
Employer's Liability: $500,000
a. Waiver of Subrogation Required.
b. Will include USL&H if any work is performed along coastal areas.
Applicable to All Policies
a. AM Best Rating of A:VII or better.
b. Insurance carriers licensed and admitted to do business in State of Texas will be accepted.
C. Liability policies will be on occurrence form. E & 0 can be on claims-made form.
d. 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 sixty (60) days prior
written notice by certified mail, return receipt requested, has been given to City of Baytown.
e. City of Baytown, its officials and employees are to be added as Additional Insured to
liability policies.
f. Upon request of and without cast to City of. Baytown., certified copies of all insurance
policies and/or certificates of insurance shall be furnished to City of Baytown's
representative. Certificates of insurance showing evidence of insurance coverage shall be
provided to City of Baytown's representative prior to execution of this agreement.'
g. Upon request of and without cost to City of Baytown, loss runs (claims listing) of any and/or
all insurance coverages shall be furnished to City of Baytown's representative.
h. City of Baytown reserves the right to reject any-2roposal that does not meet the minimum
insurance requirements outlined above.
ATTACHMENT "F 1
JIl&9T - Goose Credo Strum Dererapmen!/GCSTROE V.DOC
70TAL P.44