Ordinance No. 9,392ORDINANCE N6. 9392
® AN ORDINANCE OF THE ' CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF
THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN ENGINEERING
SERVICES CONTRACT WITH PBS &J TO PREPARE LAND USE ASSUMPTIONS, 20-
YEAR CAPITAL IMPROVEMENTS PLANS FOR WATER AND WASTEWATER, AND
THE CAPITAL RECOVERY FEES DETERMINATION ACCORDING TO CHAPTER
395, TEXAS LOCAL GOVERNMENT CODE; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN, IN A LUMP SUM AMOUNT OF ONE HUNDRED THIRTY
THOUSAND AND NO /100 DOLLARS ($130,000.00); 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 and the City Clerk of the City of Baytown to execute and attest to an engineering services
contract with PBS &J to prepare land use assumptions, 20 -year capital improvements plans for water and
wastewater, and the capital recovery fees determination according to Chapter 395, Texas Local Government
Code. A copy of said contract is attached hereto, marked Exhibit "A," and made a part hereof for all intents
and purposes
Section 2: That the City Council of the City of Baytown authorizes payment to PBS&J to prepare
land use assumptions, 20 -year capital improvements plans for water and wastewater, and the capital recovery
fees determination according to Chapter 395, Title 12, Texas Local Government Code in a lump sum amount
of ONE HUNDRED THIRTY THOUSAND AND NO /100 DOLLARS ($130,000.00), pursuant to the
Agreement.
Section 3: That the City Manager is hereby granted general authority to approve any change
order involving a decrease or an increase in costs of TWENTY -FIVE THOUSAND AND NO/] 00 DOLLARS
($25,000.00) or less, subject to the provision that the original contract price may not be increased by more than
twenty-five percent (25 %) or decreased by more than twenty-five percent (25 %) without the consent of the
contractor to such decrease.
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 25`h day of July, 2002.
/f 0e, C "
PETE C. ALFARO, M or
AT"I T:
GAY t . SMITH, City Clerk
APPROVED AS TO FORM:
4Mg6Cr.Q g4:,--111
ACIO RAMIREZ, SR., ty Attorney
FA\Jeanene\My Documents\ Council \O I - 02U uly\ AwardEngineeringServicesContractToPBS &J.doe
AGREEMENT FOR PRFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement ") entered into by and between
PBS &J (hereinafter "the Professional ") and the City of
Baytown, a home -rule municipality located in Harris and Chambers County, Texas (the "City ").
1. Scope of Services /Professional Fees
This Agreement authorizes Professional to perform Consulting Engineering Services for
Utility Master Plan and Capital Recovery Fee Determination (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." 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. At least one progress report shall be made at the time that approximately
seventy percent (70 %) of any phase as outlined in Exhibit "C" is completed. 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 _Joseph B. Ornowski 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.
d. Rejection of Professional's Employees
The City reserves the right to approve or reject from the Work any employees of
the Professional.
EMfF A
"® 4. Designation and Duties of the City's Representative
a. The City's Director of Engineering and Inspections, or his designee, shall act as
the City's Representative.
b. This 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.
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 revision, 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 specifications, or with other recognized standards. Proprietary
material or other materials for which no 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
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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
Civil Engineering Consulting Firm, 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. Professional shall provide the City with
record "as- built" drawings relating to the work, in hard copy and in an
electronic format that is acceptable to the City. City shall be in receipt of
record drawings, if applicable, prior to final payment.
Professional shall take all reasonable steps to assure the accuracy of the
information contained in the 'electronic document files. However,
Professional cannot guarantee that changes or alterations _to this document
will not occur after the document leaves the possession of the Professional.
Changes or alterations may be safety - related and result in damage to
property personal injury or death. Any document from an electronic file
must be compared to the original hard copy in order to insure the accuracy
of the information contained therein and to _further insure that no changes,
alterations or modifications have been made to the document. No reliance
should ever be made on a document transmitted or reviewed by computer
or the electronic means unless it is first compared to the original. The
Professional makes _no warranties, express or implied, concerning the
accuracy of the information contained in any document transmitted or
reviewed by computer or other electronic means.
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
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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
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 his sole cost and expense for the duration of the'
Agreement, insurance against claims for injures to person or damages to property which may
arise from or in connection with the performance of the Work hereunder by Professional, his
agents, representatives, volunteers, employees or subconsultants.
Professional's insurance coverage shall be primary insurance with respect to the City, his
officials, employees and agents. Any insurance or self - insurance maintained by the City, his
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:
1. Commercial General Liability
• General Aggregate: $1,000,000
• Products & Completed Operations Aggregate: $1,000,000
• Personal & Advertising Injury: $1,000,000
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• Per Occurrence: $500,000
• Fire Damage $50,000
■ Coverage shall be at least as broad as ISO CG 00 01 10 93
• 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 three (3) years after construction of the Project is
completed.
4. Workers' Compensation
■ Statutory Limits
■ Employer's Liability $500,000
® ■ Waiver of Subrogation required.
b. The following shall be applicable to all policies of insurance required herein.
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® 1. Insurance carrier must have an A.M. Best Rating of ANIII 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 sixty (60) 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 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
BY THE SOLE OR JOINT NEGLIGENCE OF PROFESSIONAL
AND ANY OTHER PERSON OR ENTITY. 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
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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 VII SHALL SURVIVE THE
TERMINATION 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. 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 (" hether 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
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;
C7
(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;
M 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.
15. - Reputation in the Community "
Professional shall retain a high reputation in the community for providing professional
engineering 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.
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16. 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.
17. 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.
18. 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 Unites States mail,
postpaid and registered or certified, and addressed to the party to be notified, with return receipt
requested, or by delivering the same to an officer of such party. Notice deposited in the mail as
described above shall be conclusively deemed to be effective, unless otherwise stated in this
Agreement, from and after the expiration of three (3) days after it is so deposited.
For the purpose of notice, the addresses of the parties shall be as follows unless properly changed
as provided for herein below:
For the City:
For the Professional:
0
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522 -0424
PBS &J
Attn: Joseph B. Ornoweski
1880 S. Dairy Ashford, Suite 300
Houston, Texas 77077
Each party shall have the right from time to time at any time to change its respective address and
40 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. No Assignment
Professional may not sell or assign all or part interest in the transport of the materials to another
parry 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.
24. City's Agents
As used in this Agreement, an agent of the City shall mean and include a member of a board or
commission of the City and such other persons or entities authorized to act on behalf of the City.
25. Headings
The headings used in this Agreement are for general- reference only and do not have special
significance.
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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 , 2002, the date of execution by the
City Manager of the City of Baytown.
- - - Signa e) -
�r Go ✓A-� . E,
(Printed Name)
AS- oC,
(Title)
CITY OF BAYTOWN
GARY JACKSON, City Manager
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
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0 - STATE OF TEXAS §
COUNTY OF HARRIS §
•
Before me on this day personally appeared C� -77 SLo in his
capacity as of , on behalf of
such company,
v-- known to me;
proved to me on the oath of ; or
proved_to.me_through his 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)
(4 one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this day of -3—UL 2002.
✓ ✓ ✓!ll11t1111!!!JJ ✓lull - �y - — - -'
1 Notary Public in and for the State of Texas
l� o�YP�e, SANDRA G. COLEMAN �
NOTARY PUBLIC. STATE OF TEXAS
l' c, -o MY COMMISSION EXPIRES
APRIL 11, 2003 ti
O�lllllllJ11J1111JJJ! ✓llll�
11
•
EXHIBIT "A„
City of Baytown
Master Plan and Capital Recovery Fee Determination
Basic Services
Population and Land Use
Water Master Plan
Wastewater Master Plan
-Capital Recovery Fee
Public Hearing Process
Total (Lump Sum)
Additional Services
LS
LS
LS
LS
$ 20,000
35,000
35,000
25,000
_ 15,000
$ 130,000
If authorized by City, Engineer will furnish additional services of the type below, which will be
paid for in accordance with Exhibit "B ".
1
7
460611.00
Services resulting from significant changes in scope, requirements schedule, and revisions
due to causes beyond Engineer's control.
Other services not otherwise provided for in this agreement.
EXHIBIT "B"
City of Baytown
Master Plan and Capital Recovery Fee Determination
Standard Rate Schedule
PERSONNEL:
Personnel cost is reimbursed based on a multiplier of 2.5 applied to direct personnel expense. Direct personnel expense for each
employee is based on the cost of salaries and fringe benefit costs related to vacation, holiday, and sick leave pay; contributions for
Social Security, Workers' Compensation Insurance, retirement benefits, and medical and insurance benefits; unemployment and
payroll taxes; and other allowed benefits of those employees directly engaged in the performance of the requested service. Ranges
of hourly direct personnel expense by personnel classification are as follows:
Principal / Director S 50.00 to $ 100.00
Senior Engineering Staff S 29.00 to S 85.00
Engineering Staff S 19.00 to S 55.00
Senior Scientist $ 23.00 to S 70.00
Scientist S 13.00 to S 40.00
Senior Survey Staff $ 28.00 to S 55.00
Survey Staff S 15.00 to S 31.00
Senior Technical Support S 20.00 to S 48.00
Technical Support S 11.00 to S 28.00
Lab Technicians S 8.00 to S 30.00
Senior Clerical / Administration S 24.00 to S 45.00
Clerical / Administration S 9.00 to S 32.00
SURVEY FIELD CREWS:
Survey field crews and equipment will be provided at the following fixed hourly rates:
Two -man Field Crew S 95.00 per hour
Three -man Field Crew S 120.00 per hour
Four -man Field Crew $ 145.00 per hour
Additional Rodman, Chainman, or Flagman S 25.00 per hour
G.P.S. Static Receivers S 160.00 per day per receiver
G.P.S. RTK System $ 400.00 per day
There is no mileage charge when the job site is within 50 miles of the office from which the survey crew originates.
OSHA 29 CFR 1910.120 certified field and office personnel are available upon request at an additional cost.
REIMBURSABLE COSTS:
Reimbursable costs include: fees of Professional Associates (whose expertise is required to complete the project) and out -of-
pocket expenses, the cost of which shall be charged at actual costs plus an administrative charge as described in the contract and
shall be itemized and included in the invoice.
Typical out -of- pocket expenses shall include, but not be limited to, travel expenses (lodging, meals, etc.), job- related mileage at
the prevailing Company rate, long distance telephone calls, courier, printing and reproduction costs, and survey supplies and
materials. In the event the requested service involves the use of electronic measuring equipment, computes, plotters, and other
special equipment such as boats, swamp buggies, etc., an additional direct charge shall be made for the use of this equipment.
PROCEDURES AND PAYMENTS:
PBS &J shall submit invoices to the Client for work accomplished during each calendar month. For services provided on a Lump
Sum basis, the amount of each monthly invoice shall be determined on the "percentage of completion method" whereby PBS &J
will estimate the percentage of the total work (provided on a Lump Sum basis) accomplished during the invoicing period. Monthly
invoices shall include, separately listed, any charges for services for which time charges and /or unit costs shall apply. Such
invoices shall also include, separately listed, any charges for Professional Associates and reimbursable costs. Such invoices shall
be submitted by PBS &J as soon as possible after the end of the month in which the work was accomplished and shall be due and
payable by the Client upon receipt. The Client agrees that the monthly invoice from PBS &J is correct, conclusive, and binding on
the Client unless the Client within twenty (20) working days from the date of receipt of such invoice, notifies PBS &J in writing of
alleged inaccuracies, discrepancies, errors in the invoice, or the need for additional backup.
The Client, as owner or authorized agent for the owner, hereby agrees that payment as provided herein will be made for said
work within 30 days from the date the invoice for same is mailed to the Client at the address set out herein or is otherwise
delivered, and, in default of such payment, hereby agrees to pay all costs of collection, including reasonable attorney's fees,
regardless of whether legal action is initiated. The Client hereby acknowledges that unpaid invoices shall accrue interest at
the maximum rate allowed by law after they have been outstanding for over 30 days. PBS &J reserves the right to suspend all
services on the Client's project without notice if an invoice remains unpaid 45 days after date of invoice. This suspension
shall remain in effect until all unpaid invoices are paid in full.
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EXHIBIT "D"
City of Baytown
Master Plan and Capital Recovery Fee Determination
Scope of Work
A. Specifics of the study and report are as follows:
Review existing comprehensive plan and population projections through 2020 and prepare
discussion and exhibits for report as appropriate.
In conjunction with city staff, develop land use projections through 2020. Prepare discussion and
exhibits as appropriate.
Prepare water system capital improvements plan through 2020. Engineer to analyze existing
water system and develop criteria for use in establishing requirements. Model requirements using
land use assumptions and criteria using H2O Net, and develop capital improvements plan through
2012 and 2020 with exhibits, projects, and costs.
4. Prepare wastewater system capital improvements through 2020. Engineer to analyze existing
wastewater system, develop criteria for use in establishing requirements, and develop capital
improvements plan through 2012 and 2020 with exhibits, projects, and costs.
Prepare report, participate in public hearing for consideration of land use plan and capital
improvements plan, and participate in council adoption process.
Determine maximum capital recovery fee for water and wastewater which the city may adopt.
Prepare report, participate in public hearings as_mgi fired by C_biapter 39_5 of the�T_erasLocal.
Government Codz_ , and participate in council adoption
process. Work product will be in full compliance with Chapter 395 of the Texas Local
Government Code.
B. Presentation
Furnish 10 review copies of the report to Owner within the timeframe mutually agreed per work
order and_present_th_e_ a.n...�e (Df appferal Of the advisory committee fora prcLval.
Revise the report in response to Owner's and other parties' comments, as appropriate, and furnish
30 copies of the revised report to the Owner within the timeframe mutually agreed per work order
for public hearings and council consideration.
Incorporate revisions into the final report for council adoption and furnish 20 copies of final report
to the Owner within the timeframe mutually agreed per work order and 12resent the dame to the
council fora _ royal.
® 4. Final exhibits will be provided in hard copy and digital (GIS) format.
46061 1.00
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") entered into by and between
PBS&J (hereinafter "the Professional") and the City of
Baytown, a home-rule municipality located in Harris and Chambers County, Texas (the "City").
1. Scope of Services/Professional Fees
This Agreement authorizes Professional to perform Consulting Engineering Services for
Utility Master Plan and Capital Recovery Fee Determination (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." 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. At least one progress report shall be made at the time that approximately
seventy percent (70%) of any phase as outlined in Exhibit "C" is completed. 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 Joseph B. Ornowski 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.
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 and Inspections, or his designee, shall act as
the City's Representative.
b. This 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.
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 revision, 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 specifications, or with other recognized standards. Proprietary
material or other materials for which no 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
2
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
Civil Engineering Consulting Firm, 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. Professional shall provide the City with
record "as-built" drawings relating to the work, in hard copy and in an
electronic format that is acceptable to the City. City shall be in receipt of
record drawings, if applicable,prior to final payment.
Professional shall take all reasonable steps to assure the accuracy of the
information contained in the electronic document files. However,
Professional cannot guarantee that changes or alterations to this document
will not occur after the document leaves the possession of the Professional.
Changes or alterations may be safety-related and result in damage to
property personal injury or death. Any document from an electronic file
must be compared to the original hard copy in order to insure the accuracy
of the information contained therein and to_further insure that no changes,
alterations or modifications have been made to the document. No reliance
should ever be made on a document transmitted or reviewed by computer
or the electronic means unless it is first compared to the original. The
Professional makes_no warranties, express or implied, concerning the
accuracy of the information contained in any document transmitted or
reviewed by computer or other electronic means.
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
3
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
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 his sole cost and expense for the duration of the
Agreement, insurance against claims for injures to person or damages to property which may
arise from or in connection with the performance of the Work hereunder by Professional, his
agents, representatives,volunteers, employees or subconsultants.
Professional's insurance coverage shall be primary insurance with respect to the City, his
officials, employees and agents. Any insurance or self-insurance maintained by the City, his
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:
1. Commercial General Liability
■ 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
■ Coverage shall be at least as broad as ISO CG 00 01 10 93
■ 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 three (3) years after construction of the Project is
completed.
4. Workers' Compensation
■ Statutory Limits
■ Employer's Liability$500,000
■ Waiver of Subrogation required.
b. The following shall be applicable to all policies of insurance required herein.
4
1. Insurance carrier must have an A.M. Best Rating of ANIII 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 sixty (60) 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 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
BY THE SOLE OR JOINT NEGLIGENCE OF PROFESSIONAL
AND ANY OTHER PERSON OR ENTITY. 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
5
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 VII SHALL SURVIVE THE
TERMINATION 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. 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
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;
6
(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.
15. Reputation in the Community
Professional shall retain a high reputation in the community for providing professional
engineering 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.
7
16. 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.
17. 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.
18. 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 Unites States mail,
postpaid and registered or certified, and addressed to the party to be notified, with return receipt
requested, or by delivering the same to an officer of such party. Notice deposited in the mail as
described above shall be conclusively deemed to be effective, unless otherwise stated in this
Agreement, from and after the expiration of three (3) days after it is so deposited.
For the purpose of notice, the addresses of the parties shall be as follows unless properly changed
as provided for herein below:
For the City:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522-0424
For the Professional:
PBS&J
Attn: Joseph B. Ornoweski
1880 S. Dairy Ashford, Suite 300
Houston, Texas 77077
8
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.
19. 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.
20. 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.
21. 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.
22. 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.
23. No Assignment
Professional may not sell or assign all or part interest in the transport of the materials 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.
24. City's Agents
As used in this Agreement, an agent of the City shall mean and include a member of a board or
commission of the City and such other persons or entities authorized to act on behalf of the City.
25. Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
9
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.2 c- ay of 2002, the date of execution by the
City Manager of the City of Baytown.
igna e
�r-e 4/• S/o" t
o PC
(Printed Name)
/4 f10 C, 'V/C&"-" P2orio
(Title)
CITY O B TO
GARY JA ON, City Manager
ATTEST:
G Y . SMM, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, S , City Attorney
10
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared � 7 �i, S�o i/.9� , in his
capacity as of , on behalf of
such company,
known to me;
proved to me on the oath of ; or
proved to me through his 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)
(�one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this day of -r&tY 2002.
_. Y SANDRA G. COLEMAN Notary Public in and for the State of Texas
l ♦®* NOTARY PUBLIC,STATE OF TEXAS t
11 N, MY COMMISSION EXPIRES �l
'rF00 APRIL 11,2003
11
EXHIBIT "A"
City of Baytown
Master Plan and Capital Recovery Fee Determination
Basic Services
Population and Land Use LS $ 20,000
Water Master Plan LS 35,000
Wastewater Master Plan LS 35,000
Capital Recovery Fee LS 25,000
Public Hearing Process LS 15,000
Total(Lump Sum) $ 130,000
Additional Services
If authorized by City, Engineer will furnish additional services of the type below, which will be
paid for in accordance with Exhibit"B".
1. Services resulting from significant changes in scope, requirements schedule, and revisions
due to causes beyond Engineer's control.
2. Other services not otherwise provided for in this agreement.
460611.00
EXHIBIT "B"
City of Baytown
Master Plan and Capital Recovery Fee Determination
Standard Rate Schedule
PERSONNEL:
Personnel cost is reimbursed based on a multiplier of 2.5 applied to direct personnel expense. Direct personnel expense for each
employee is based on the cost of salaries and fringe benefit costs related to vacation,holiday,and sick leave pay;contributions for
Social Security, Workers' Compensation Insurance, retirement benefits, and medical and insurance benefits;unemployment and
payroll taxes;and other allowed benefits of those employees directly engaged in the performance of the requested service.Ranges
of hourly direct personnel expense by personnel classification are as follows:
Principal/Director $ 50.00 to $ 100.00
Senior Engineering Staff $ 29.00 to $ 85.00
Engineering Staff $ 19.00 to $ 55.00
Senior Scientist $ 23.00 to $ 70.00
Scientist $ 13.00 to $ 40.00
Senior Survey Staff $ 28.00 to $ 55.00
Survey Staff $ 15.00 to $ 31.00
Senior Technical Support $ 20.00 to $ 48.00
Technical Support $ 11.00 to $ 28.00
Lab Technicians $ 8.00 to $ 30.00
Senior Clerical/Administration $ 24.00 to $ 45.00
Clerical/Administration $ 9.00 to $ 32.00
SURVEY FIELD CREWS:
Survey field crews and equipment will be provided at the following fixed hourly rates:
Two-man Field Crew $ 95.00 per hour
Three-man Field Crew $ 120.00 per hour
Four-man Field Crew $ 145.00 per hour
Additional Rodman,Chainman,or Flagman $ 25.00 per hour
G.P.S.Static Receivers $ 160.00 per day per receiver
G.P.S.RTK System • $ 400.00 per day
There is no mileage charge when the job site is within 50 miles of the office from which the survey crew originates.
OSHA 29 CFR 1910.120 certified field and office personnel are available upon request at an additional cost.
REIMBURSABLE COSTS:
Reimbursable costs include: fees of Professional Associates (whose expertise is required to complete the project) and out-of-
pocket expenses,the cost of which shall be charged at actual costs plus an administrative charge as described in the contract and
shall be itemized and included in the invoice.
Typical out-of-pocket expenses shall include,but not be limited to,travel expenses(lodging, meals,etc.),job-related mileage at
the prevailing Company rate, long distance telephone calls, courier, printing and reproduction costs, and survey supplies and
materials. In the event the requested service involves the use of electronic measuring equipment, computes,plotters, and other
special equipment such as boats,swamp buggies,etc.,an additional direct charge shall be made for the use of this equipment.
PROCEDURES AND PAYMENTS:
PBS&J shall submit invoices to the Client for work accomplished during each calendar month. For services provided on a Lump
Sum basis, the amount of each monthly invoice shall be determined on the "percentage of completion method"whereby PBS&J
will estimate the percentage of the total work(provided on a Lump Sum basis)accomplished during the invoicing period. Monthly
invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. Such
invoices shall also include,separately listed,any charges for Professional Associates and reimbursable costs. Such invoices shall
be submitted by PBS&J as soon as possible after the end of the month in which the work was accomplished and shall be due and
payable by the Client upon receipt. The Client agrees that the monthly invoice from PBS&J is correct,conclusive,and binding on
the Client unless the Client within twenty(20)working days from the date of receipt of such invoice,notifies PBS&J in writing of
alleged inaccuracies,discrepancies,errors in the invoice,or the need for additional backup.
The Client,as owner or authorized agent for the owner,hereby agrees that payment as provided herein will be made for said
work within 30 days from the date the invoice for same is mailed to the Client at the address set out herein or is otherwise
delivered,and,in default of such payment,hereby agrees to pay all costs of collection,including reasonable attorney's fees,
regardless of whether legal action is initiated. The Client hereby acknowledges that unpaid invoices shall accrue interest at
the maximum rate allowed by law after they have been outstanding for over 30 days. PBS&J reserves the right to suspend all
services on the Client's project without notice if an invoice remains unpaid 45 days after date of invoice. This suspension
shall remain in effect until all unpaid invoices are paid in full.
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EXHIBIT "D"
City of Baytown
Master Plan and Capital Recovery Fee Determination
Scope of Work
A. Specifics of the study and report are as follows:
1. Review existing comprehensive plan and population projections through 2020 and prepare
discussion and exhibits for report as appropriate.
2. In conjunction with city staff,develop land use projections through 2020. Prepare discussion and
exhibits as appropriate.
3. Prepare water system capital improvements plan through 2020. Engineer to analyze existing
water system and develop criteria for use in establishing requirements. Model requirements using
land use assumptions and criteria using H2O Net,and develop capital improvements plan through
2012 and 2020 with exhibits,projects,and costs.
4. Prepare wastewater system capital improvements through 2020. Engineer to analyze existing
wastewater system, develop criteria for use in establishing requirements, and develop capital
improvements plan through 2012 and 2020 with exhibits,projects,and costs.
5. Prepare report, participate in public hearing for consideration of land use plan and capital
improvements plan, and participate in council adoption process.
6. Determine maximum capital recovery fee for water and wastewater which the city may adopt.
7. Prepare report, participate in public hearings as required by Chapter 395 of the Texas Local
Government Code and participate in council adoption process. Work product will be in full
compliance with Chapter 395 of the Texas Local Government Code.
B. Presentation
1. Furnish 10 review copies of the report to Owner within the timeframe mutually agreed per work
order and present the same to the advisory committee for approval.
2. Revise the report in response to Owner's and other parties'comments,as appropriate,and furnish
30 copies of the revised report to the Owner within the timeframe mutually agreed per work order
for public hearings and council consideration.
3. Incorporate revisions into the final report for council adoption and furnish 20 copies of final report
to the Owner within the timeframe mutually agreed per work order and present the same to the
council for approval.
4. Final exhibits will be provided in hard copy and digital(GIS)format.
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