Ordinance No. 9,420ORDINANCE NO. 9420
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY, MANAGER TO EXECUTE AND
THE CITY CLERK TO ATTEST TO A' PROFESSIONAL SERVICES AGREEMENT
WITH PATE ENGINEERS, INC., FOR ENGINEERING AND SURVEYING
SERVICES ASSOCIATED WITH THE HARDIN ROAD DRAINAGE PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT
TO EXCEED FORTY -FIVE THOUSAND AND NO 1100 DOLLARS ($45,000.00);
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 to execute and the City Clerk to attest to a professional services agreement with
Pate Engineers, Inc., for engineering and surveying services associated with the Hardin Road Drainage
Project. A copy of said agreement 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 Pate
Engineers, Inc., in an amount not to exceed FORTY -FIVE THOUSAND AND NO /100 DOLLARS
($45,000.00) for professional engineering services in accordance with the contract.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by TWENTY -FIVE THOUSAND AND NO 1100 DOLLARS ($25,000.00) or less,
provided that the amount authorized in Section 2 hereof may not be increased by more than twenty-five
percent (25 %).
Section 4: This ordinance shall take effect immediately 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 12'h day of September, 2002.
� ef /., -,
PETE C. ALFARO, M yor
ATTEST:
15A#Y W. SMi :-I, City Clerk
APPROVED AS TO FORM:
�1�.� . _ _ Ste•.
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F:1J can ene\My Documents% Council\ 01 -021 SeptemberU' rofessionalServicesAgreementWithPate4HardinRoad .doe
AGREEMENT FOR PROFESSIONAL SERVICES
® STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement ") entered into by and between Pate Engineers, Inc. (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 engineering and surveying services for .the
Hardin Road Drainage Corrective Action Project (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 constructuion
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. David A. _Hamilton, P.E. 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.
EXHIBIT A
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 Mork 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.
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(5) The codes and standards used in the profession set forth minimum requirements. These
may be exceeded by the Contractor or the Professional if superior methods are available
® for successful operation of equipment and/or for the construction project on which the
Work is performed. Any alternative codes or regulations used shall have requirements
that are equivalent or better than those in the above listed codes and regulations. The
Professional shall state the alternative codes and regulations used.
(6) Professional agrees the services it provides as an experienced and qualified engineer, will
reflect the professional standards; procedures and performances common. in the industry
for this project. Professional further agrees that any analysis, reports, preparation of
drawings, the designation or selection of materials and equipment, the selection and
supervision of personnel and the performance of other services under this contract, will
be pursuant to the standard of performance common in the profession.
(7) Professional shall .promptly correct any defective analysis caused by Professional at no
cost to City. The City's approval, acceptance, use of or payment for all or any part of
Professional's services hereunder or of the Work itself shall in no way alter Professional's
obligations or the City's rights under this Agreement. Professional shall provide the City
with record "as- built" drawings relating to the work, in an electronic format that is
acceptable to the City. City shall be in receipt of record drawings prior to final payment.
6. Schedule
Professional shall not proceed with the Work or any stage thereof until written notice to proceed
is provided by the City's Representative.
7. Instruments of Service
Upon execution of this Agreement, Professional grants to the City an ownership interest in the
Instruments of Service. Professional shall obtain similar interests from the City and Professional's
consultants consistent with this Agreement. As. noted in Articles 5 & 11, Professional shall be
required to tender to City all Instruments of Service. With such ownership interest, it is expressly
understood by the - parties hereto that the City may use the Instruments of Service for any purposes
which the City sees fit, including, but not limited to, subsequent construction, reconstruction,
alteration, and/or repairs of the Project. As a condition to the City's use of the Instruments of
Service, the City hereby- expressly agrees to remove Professional's -name and all references to
Professional, and its consultants' from the Documents. Provided that this Agreement is not
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 injuries 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.
Rev. 8/28/02
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a. 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 pefson 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.
1. Insurance carrier must have an A.M. Best Rating of-A:VIII or better.
2. Only insurance carriers licensed and admitted to do business in the State of Texas will be
accepted.
3. Liability policies must be on occurrence form. Errors and Omissions can be on claims-
made-form.
® 4. Each insurance policy except Errors and Omissions 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'(30 days for Errors and Omissions) 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.
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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
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
E
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'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 I 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;
(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)
(e)
the dissolution of Professional;
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;
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(f) failing to complete work wthin the time period specified in this
Agreement; and/or
® (e) 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 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.
16. Payroll and Basic Records
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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:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522 -0424
Pate Engineers, Inc.
Attn: David A. Hamilton, Vice President
13,333 Northwest Freeway, Suite 300
Houston, Texas 77040
® 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.
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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. . Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
D
25. 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.
26.' 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.
27. 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.
PATE/INEERS, INC.
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
ACID RAMIKEZ, SR' ity Attorney
10
(SignaAre)
V
David A. Hamilton
(Printed Name)
Vice President
(Title)
CITY OF BAYTOWN
GARY JACKSON, City Manager
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared David A.Hamilton, in his capacity as Vice
President .of Pate Engineers, Inc., on behalf of such company,
X 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 2002.
IFIENE MEA"S Notary Public in for the State of Texas
Notary Public, State of Texas
My convniseim
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0 Document Revised: 8/23/02
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EXHIBIT A- COMPENSATION
HARDIN ROAD DRAINAGE CORRECTIVE ACTION PROJECT
August 23, 2002
The scope of work will be completed on a time and materials.basis in accordance the hourly rates set forth in
this Exhibit "A" and reimbursement of costs per Exhibit "B" for the not to exceed fees as indicated below:
Basic Services Tasks:
Item 1: Study/Preliminary Engineering- Not To Exceed $14,250 ($14,000 labor /$250 reimbursables)
Item 2 & 3: Final.Design/Bid Documents and Bid Assistance- Not To Exceed $25,750 ($25,000
labor /$750 reimbursables) Note: Actual scope and fee will be determined and submitted to the City for
approval after corrective action alternative has been accepted by the City.
Additional Services Tasks:
Item 1: Surveying- Not To'Exceed $5,000
Total Estimated Fee for Basic and Additional Services Items: $45,000 ($44,000 labor /$1,000 reimbursables)
Table A -1 Hourly Rates for Engineering Staff:
Services performed on an hourly basis would be based on -the actual hourly salary cost rates for members of the
staff times a multiplier of 2.3. The following is a list of typical hourly salary cost for various staff categories:
Staff Category Salary Cost
Principal.......................................... ............................... $80.00
Project Manager /Senior Project Engineer ................... .... $60.00
Construction Manager ..................... .......:....................... $45.00
Project Engineer .............................. ............................... $45.00
Design Engineer....... ...... : .............................. ................ $30.00
Senior Designer .............................. ............................... $45.00
CADD Technician / Draftsman ........ ............................... $32.00
Construction Observer ...... ....................................... :..... $30.00
Clerical...................'......................... ......I........................ $25.00
Table A -2 Hourly Rates for Surveying Staff:
Staff Category.
Survey Manager
Registered Professional Land Surveyor
Survey Coordinator
Survey Technician
Clerical
Conventional Survey Crew
Robotic Station Survey Crew
GPS (Global Positioning System) Crew
Rev. 8/28/02
r&WARSOave Ham iltonlB aytownlContmcts \HardinRdEXHIBIT -A.doc
Rate
$95.00
$80.00
$70.00
$60.00
$45.00
$110.00
$140.00
$140.00
Multiplier
per hour x-2.3
per hour x 2.3
per hour x 2.3
per hour x 2.3
per hour x 2.3
per,hour x 2.3
per hour x 2.3
per hour x 2.3
per hour x 2.3
Typical Rate
$184.00
$138.00
$104.00
$104.00
$69.00
$.104.00
$74.00
$69.00
$58.00
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EXHIBIT B- REIMBURSEMENT OF COSTS
HARDIN ROAD DRAINAGE CORRECTIVE ACTION PROJECT
August 23, 2002
Reproduction and Deliveries: Cost plus 10%
Mileage:- IRS Rate
® SASTARSTave Hamilton\Baytownl Contracts\HI rdinRdEXHIBIT -B.doc
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EXHIBIT C- TIME SCHEDULE FOR THE WORK
HARDIN ROAD DRAINAGE CORRECTIVE ACTION PROJECT
August 23, 2002 .
The time schedule for the work is as follows:
1. Topographical survey and preparation of base maps for design- 21 calendar days
from authorization (subject to receipt of right -of -entry /permission to access within 3
calendar,days).
2. Letter Report for Study/Preliminary Engineering- 42 calendar days from
authorization (subject to completion of survey within 21 calendar. days).
3. Final Design/Bid Documents- To be determined after City acceptance of
recommended corrective action alternative.
SASTARSMave Hamilton \Baytown\Contracts\HardinRdEXH ]BIT -C.doc
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EXHIBIT D -SCOPE OF WORK
HARDIN ROAD DRAINAGE CORRECTIVE ACTION PROJECT
August 23, 2002 .
Background:
The Hardin Road project includes the large lot subdivision situated at the northeast corner of
the intersection of Crosby -Cedar Bayou Road and Massey Tompkins in Baytown, Texas. The
project is located south of the Harris County Flood Control District (HCFCD) drainage
channel Q112- 03 -00, and has 42 lots within the area. "Hardin Road is an existing asphalt
roadway with open ditch drainage that discharges into the HCFCD channel by means, of an
existing 4 -foot by 2 -foot concrete box culvert outfall.
Approximately 10 lots located near the existing box culvert outfall experienced flooding
during certain rainfall events within the area. The flooding is concentrated at -the existing
inlets that tie into the box culvert located in the north and south roadside ditches that drain
the project.
The City has requested an engineering analyses and the preparation of design' documents for
corrective action to reduce or eliminate the flooding of these lots.
Work Scope and Deliverables:
Pate Engineers will perform the following Basic Services tasks:
1. Study/Preliminary Engineering- Prepare and submit a letter report with corrective
action alternative recommendations to reduce or eliminate flooding in ' the project
area. Corrective action may consist of outfall, improvements,. outfall inlet'
improvements, roadside ditch deepening/widening, driveway culvert enlargements,
and maintenance recommendations. The modeling efforts in ' support of the letter
report preparation will include data collection, HEC -RAS for HCFCD ditch Q112 -03-
00, and model for roadside ditches: Scope also includes attendance at one (1) review
meeting with the- City.
2. Final Design/Bid- Documents- Prepare design'drawings and bid documents for the
recommended corrective action alternative. Scope also includes attendance at two (2)
review meetings with the City.
3. Bid Assistance- Attend pre -bid conference, prepare bid tabulation, and make
recommendation of contract award.
Pate Engineers will perform the following Additional Services tasks:
1. Surveying- Conduct a topographical survey of the project area for design purposes
only, however. a separate topographical drawing will .not be provided.
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Exhibit D -Scope of Work
Hardin Road Drainage Corrective Action Project
August 23, 2002
Page 2 of 2
The City will provide the following:
1. Any pertinent information in connection with the project.
2. All available As -built / Record Drawings of paving and utilities within the project
limits including subdivision construction drawings, drainage area maps, and plans for
the 4 -foot by 2 -foot concrete box culvert outfall.
3. All required standard City detail sheets for storm sewer bedding and backfill, and
typical pavement cross- section details for street/driveway cuts.
4. Geotechnical investigation within the project limits. Without specific geotechnical
information for the project, local conditions will be assumed based on City furnished
relevant information from adjacent projects.
5. Subdivision plat for the project area.
6. City drainage design criteria.
7. City storm sewer, sanitary sewer, and'water block maps for the project area.
S. The City will set a benchmark at the Crosby-Cedar. Bayou Road/Massey Tompkins
intersection that is tied to HCFCD datum.
9. Easement documentation for the box culvert outfalL
10. Documentation of flooding events including picture and video documentation, and
any other written communication relating to recent and/or past flooding events.
11. Right -of- entry/permission to- access private property for survey and engineering
documentation efforts.
12. Copy of the Baytown Master Drainage Study.
Exclusion to the Work Scope /Additional Services:
Exclusions /additional services will be completed for a mutually agreed upon lump sum fee or
on a time and materials basis per the attached Exhibit B and would include but not be limited
to the following:
1. Construction phase services.
2. Construction staking and field observation.
SASTARSOave Ham iltoMBaytown lContractMardinRdEXHIBIT -D.doc