Ordinance No. 9,465ORDINANCE NO. 9465
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO A
PROFESSIONAL SERVICES CONTRACT WITH FREESE AND NICHOLS, INC., FOR
SURVEYING AND ENGINEERING SERVICES FOR THE WEST WYE DRIVE
DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN OF AN AMOUNT NOT TO EXCEED FORTY -THREE THOUSAND
THREE HUNDRED SEVENTY AND NO /100 DOLLARS ($43,370.00); 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 of the City of Baytown to execute and the City Clerk to attest to a professional services contract
with Freese and Nichols, Inc., for surveying and engineering services for the West Wye Drive Drainage
Improvements Project. A copy of said contract is attached hereto, marked Exhibit "A," and made a part hereof
for all intents and purposes.
Section 1 That the City Council of the City of Baytown authorizes payment to Freese and
Nichols, Inc., for surveying and engineering services for the West Wye Drive Drainage Improvements Project
of an amount not to exceed FORTY -THREE THOUSAND THREE HUNDRED SEVENTY AND NO 1100
DOLLARS ($43,370.00), pursuant to the contract.
Section 3: That pursuant to the provisions of Texas Local Government Code Annotated
§ 252.048, 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 /100 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 14`h day of November, 2002.
C GCXi
PETE C. ALFARO, Mayor
ATTEST:
Z21116. J
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GAF W. MITI4' City Clerk
APPROVED AS TO FORM:
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ACIO RAMIREZ, SR. ty Attorney
F:\Karen\Fi les \City Council \Ordinances\AuthorizeContract4 WyeDriveDrainageProject.doc
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AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement ") entered into by and between Freese and Nichols, 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 surveying and engineering services for West
Wye Drive Detention Facility Improvments (the "Work ") for and on behalf of the City. The
compensation for Professional shall be on the basis described in Exhibit "A," The time schedules
for the Work are attached as Exhibit "B." The scope of the work and projection of costs of the
construction project is as denoted in Exhibit T." Each of these Exhibits "A" through "C" 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 Hassan Moghaddam, 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.
EMIT A
C,
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.
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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, if applicable, prior to
final payment.
6. Schedule
Professional shall not proceed with the Work or any stage thereof until written notice to proceed
is provided by the City's Representative.
7. Instruments of Service
Upon execution of this Agreement, Professional grants to the City an ownership interest in the
Instruments of Service. Professional shall obtain similar interests from the City and Professional's
consultants consistent with this Agreement. As noted in Articles 5 & 11, Professional shall be
required to tender to City all Instruments of Service. With such ownership interest, it is expressly
understood by the parties hereto that the City may use the Instruments of Service for any purposes
which the City sees fit, including, but not limited to, subsequent construction, reconstruction,
alteration, and/or repairs of the Project. As a condition to the City's use of the Instruments of
Service, the City hereby expressly agrees to remove Professional's name and all references to
Professional, and its consultants from the Documents. Provided that this Agreement is not
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.
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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 person or entity. All coverages for subconsultants and assigns shall be subject to all of
the requirements stated herein.
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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.
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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.
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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 andlor 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 HIND, 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
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ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY
FROM WHICH THE CITY IS INDENINIFIED, 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;
(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;
r1,
(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.
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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:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522 -0424
Freese and Nichols, Inc.
Attn: Hassan Moghaddam, P.E.
2010 E. Broadway
Pearland, Texas 77581
P
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. Headings
The headings used 'in this Agreement are for general reference only and do not have special
® significance.
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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.
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
0 IGNACIO RAMIREZ, SR., City Attorney
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(Signature)
(Printed Name)
(Title)
re
GARY JACKSON, City Manager
•
STATE OF TEXAS
COUNTY OF HARRIS §
Before me on this day personally appeared ILUVw Rh / 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)
(4 one)
to be the person whose name is subscribed to the foregoing instnunent and acknowledged to me that he executed the
same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this
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��►s`y�'oe,
LYNETTE WILSON
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Notary Public, State of Texas
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My Commission Expires:
03/1012005
T:OFF0204 I BAY4BaytownReport.doc
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day of
is in and for
allin
tate of Texas
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EXHIBIT A — COMPENSATION
A. Compensation to the Professional for services defined in Exhibit C for the surveying
and engineering for West Wye Drive Drainage Improvements shall be as follows:
Basic Services:
Preliminary Engineering Study (not -to- exceed) $ 15,000
Design and Bid Phase (not -to- exceed) $ 14,400
Construction Phase (not -to- exceed) $ 1,100
Other Consultant Charges:
Surveying (not -to- exceed) $ 8,195
Phase 1 Environmental Assessment (not -to- exceed) $ 3,575
Reimbursables (not - to-exceed) $ 1,100
Anticipated reimbursables for this Project are:
11 x 17 copies @ $0.121 per side
8 % x 11 copies @ $0.055 per side
Blue Lines @ $0.121 per sq. ft.
Mileage @ $0.365 per mile
Courier service @ invoice + 10%
Binding @ $2.20 per book
Total (not - to-exceed)
$ 43,370
The other consultants and reimbursable charges above include 10% administrative fee.
If the Professional see the Scope of Services changing so that additional services are needed, the
professional will notify City for City's approval before proceeding with any additional services.
Additional Services, if authorized, shall be invoiced per Schedule of Charges attached based on a
multiplier of 2.95.
Upon authorization from the City, the Professional shall proceed with services outlined in
Exhibit C. Monthly payment requests shall be submitted to the City for that portion of service
which has been accomplished as evidenced by monthly statements. The basic and construction
phase services will be invoiced per Schedule of Charges attached based on a multiplier of 2.95.
r:oFF02041 sev.exhiHu
A- 1/1
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EXHIBIT B — TIME SCHEDULE FOR WORK
TIME OF COMPLETION: The Professional is authorized to commence work on the Project
upon execution of the AGREEMENT and agrees to complete the services called for in Exhibit C
so as to deliver the completed final drainage study report to the City within 120 days after
authorization from the City. For the design phase, the Professional is to commence work on the
Project so as to deliver the completed plans and specifications, and estimate to the City within
150 days after authorization from the City to begin design phase. Each above time includes 60
days for City's reviews and obtaining approvals from other entities.
T :0FF02041Tay4\ExhibitB B - 1/1
® EXHIBIT C — SCOPE OF WORK
BASIC SERVICES:
A. Design and Bid Phase
1. Schedule and attend up to four meetings with the City for project coordinations.
2. Field investigation including topographical and elevation survey of the Project
(sub - consultant).
3. Prepare a phase 1 environmental assessment of the project (sub - consultant). The
environmental assessment may warrant further studies such as delineation and
mitigation, etc. A supplemental proposal will be submitted to undertake these
tasks.
4. In coordination with HCFCD, establish criteria for establishing storage capacity
and outfall.
5. Conduct preliminary engineering to establish:
1) detention pond's drainage area based on City's Comprehensive Drainage
Plan, 2) establish approximate amount of flow discharging into the pond, 3)
based on topographical survey and cross - sections, establish the existing
storage capacity of the pond, 4) establish the adequacy /inadequacy of
storage, 5) If needed, propose expansion of the pond to meet needed storage,
6) study alternative outfall discharge routes and pipe size, 7) and prepare a
preliminary cost estimate for the proposed improvements.
6. Prepare a preliminary engineering report documenting above findings.
7. Submit one copy of the preliminary engineering report to the City for review and
comments.
8. Incorporate City's comments and finalize the preliminary engineering report and
submit five (5) copies to the City.
9. Design and prepare construction drawings for the improvements as recommended
by the preliminary engineering report, meeting City's standard requirements.
10. Prepare contract documents, and technical specifications for the project as per
City's standard requirements.
11. Submit one complete set of drawings, contract documents and technical
specifications to City for review and comments.
12. Incorporate City's comments and finalize the construction drawings, contract
documents and technical specifications.
13. Prepare detailed cost estimate of authorized construction. FNI shall not be
required to guarantee the accuracy of these estimates.
14. Submit 10 copies of the final construction drawings, contract documents and
technical specifications including one set of Mylar drawings, an electronic file in
2002 AutoCAD format (CD), and detailed construction cost estimate.
15. Assist the City in bidding process. It is assumed that plans distribution is being
handled by the City.
16. Provide tabulation of bids and recommendation on award of contract.
17. Attend the pre - construction meeting.
T:QFF020411Bay41ExhibitC C - 1/2
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The above Scope of Work does not include improvements downstream of outfall structure at
the point of discharge.
B. Construction Phase Services:
1. If authorized by the City, make one visit to construction site.
2. Prepare As -built drawings in AutoCAD format as per City furnished marked -up
plans.
MOFF02041\$ayAExhibit C C - 2/2
Freese
Cu2('
Nicho .s, Inc. Engineers Environmental Scientists Architects
2010 East Broadway Pearland, 7X 77581 -5502 281/485 -2404 281/485 -4322 fax www.freese.corn
SCHEDULE OF CHARGES
POSITION
MIN MAX
PRINCIPAL OF FIRM
165
215
SENIOR CONSULTANT
105
105
OFFICE MANAGER
125
125
SENIOR PROJECT MANAGER
110
125
PROFESSIONAL ENGINEER/PROJECT MANAGER
85
95
DESIGN ENGINEER
75
85
SR. CADD DESIGNER
45
55
CADD OPERATOR
40
45
RESIDENT CONSTRUCTION INSPECTOR
60
65
CONTRACT /OPERATIONS ANALYST
65
65
WORD PROCESSING /SECRETARIAL
50
55
Actual invoice will be based on direct hourly rates and a multiplier of 2.95.
EXPENSES
Printin
BluelinesBlacklines $0.121 per square foot
Offset and Xerox Copies $0.055 per side copy
Binding $2.20 per book
Tape Binding $1.925 per book
Mileage $0.365 per mile
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times multiplier of 1.10. They include outside printing and
reproduction expense, communication expense, travel and other miscellaneous expenses directly related to the work,
including costs of laboratory analysis, tests, and other work required to be done by independent persons other than staff
members.
T:OFF0204 ABa)4VN2002SChedul- K:h8W.dC c
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W G THE WILSON SURVEY GROUP, INC.
® PROFESSIONAL LAND SURVEYORS
October 2, 2002
Dr. Hassan Moghaddam, P.E.
Freese - Nichols, Inc.
2004 East Broadway
Pearland, Texas 77581
Re; Detention Pond Design Project for the City of Baytown, Texas
Dear Dr. Moghaddam,
This letter is our proposal to provide surveying services to complete a topographic survey in
connection with the design of a detention pond in the League of Women Voters Park in
Baytown, Texas. The project covers approximately 12 acres and is located between Hams
County Flood Control Ditches No. 0105 -03 and 0105 -04. Based on our discussion and a visit to
the site we understand the following:
• The project area will extend approximately 100 -feet outside of the top of bank of the
existing detention pond.
• We will establish a minimum of two (2) Temporary Benchmarks (IBM's) based on the
current City of Baytown vertical control system. This proposal allows that a benchmark
exists within'/ mile of the project site.
• We will establish a horizontal control baseline and will establish stations at 100 -foot
intervals along the baseline.
• Elevations will be established at 50 -foot intervals along each of the 100- station lines and
at all breaks in grade. The station lines will start 100 -feet south of the south top of bank
of the existing pond and will extend 100 -feet north of the north top of bank of the pond.
• Elevational cross - sections will be established at 100 -foot intervals along H.C.F.C.D.
Ditch No. 0105-03 for a distance of approximately 400 -feet. These cross - sections will be
established in the vicinity of the southwest comer of the project.
• Process the field data and provide the electronic data to Freese - Nichols.
The cost to provide the outlined services will be $5,750.00. The final survey data can be
provided within fifteen (15) working days following written authorization to proceed. NOTE: We
were informed that the project site would be cleared by the City of Baytown prior to the
2006 K Broadway . Suite 105 • Pearland, Tens 77581
Ph (281) 485 -3991 • Fax (281) 485 -3498
&mail: mdwilson@hoWon.rr.00m
commencement of the field surveying. We anticipate that there could be an additional
expense of $1,700.00 if The Wilson Survey Group, Inc. has to clear the cross - section
tines.
Dr. Moghaddam, we appreciate the opportunity to submit this proposal and look forward to
working with you on this project. Please call me if you have any questions.
urs truly,
Y '
o u,)J
Mi ael D. Wilson, R.P.L.S.
President
•
•
•
October 4, 2002
Mr. Hassan Moghaddam, P.E.
Freese and Nichols
2010 East Broadway
Pearland, Texas 77581 -5502
Dear Mr. Moghaddam:
Page 1 of 2
This is in reference to your recent request for a proposal to perform a Phase I Environmental
Site Assessment (ESA) for the rehabilitation of an existing detention pond. The pond is
approximately 200 feet by 200 feet; and the reconnaissance area will not exceed one acre. The
project site is located north of Kelly Lane and south of Wye Drive in Baytown, Harris County,
Texas.
The Phase I ESA will be performed as follows:
1. A site inspection of the property and the adjacent area and a review of aerial
photographs will be conducted in order to obtain information indicating any
potential for the presence of a hazardous substance, wetlands, or endangered
species. This item does not include a wetland -delineation.
2. Interviews with current owners and occupants of the adjoining property will
be conducted in order to obtain information regarding recognized conditions.
Past owners will also be contacted, if available.
3. A database search will be conducted and a map prepared for RCRA,
CERCLA, NPL, SUPERFUND, UST, and LUST sites within a defined radius
of the subject parcel as prescribed by ASTM standards. Known oil and gas well
locations will also be researched.
4. A 50 -year chain of title will be obtained, if desired, and reviewed for any
irregularities which could indicate the possible presence of a hazardous
substance. This is a separate bid item.
5. All relevant information collected will be compiled and discussed in a bound
report.
JONES /SMITH ENVIRONMENTAL SERVICES, INC.
U-tJ P.O. Box 2148
Alvin, Texas 77512 -2148
Phone: (3t3) 585 -1766, Fax: (713) 331 -4119
2$1
Page 2 of 2
Costs associated with the project are as shown below:
50 -Year Chain of 'Title (optional) - $325.00 per legally described parcel
Phase I Environmental Site Assessment - $3,250.00
Additional meetings, coordination with agencies, etc. beyond the scope of this Phase I ESA
would be billed at our normal rate of $85 per hour, plus expenses.
Thank you for the opportunity to provide these services. If this meets with your approval,
please sign in the space(s) provided below and return one original for our records. Should you
require any additional information, please do not hesitate to contact me.
Sincerely,
JONES /SMITH
ENVIRONMENTAL SERVICES, INC.
�. 'Aa-4
Richard D. Jones
Accepted:
(gam WO r-Whok)
50 -Year Chain of Title:
Ia
Date:
Phase I Environmental Site Assessment:
LE
Date:
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AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") entered into by and between Freese and Nichols, 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 surveying and engineering services for Park
Street Drainage Improvements (the "Work") for and on behalf of the City. The compensation for
Professional shall be on the basis described in Exhibit "A," The time schedules for the Work are
attached as Exhibit "B." The scope of the work and projection of costs of the construction
project is as denoted in Exhibit "C." Each of these Exhibits "A" through "C" 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 Hassan Moghaddam, 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.
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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 maybe 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.
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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, if applicable, prior to
final payment.
6. Schedule
Professional shall not proceed with the Work or any stage thereof until written notice to proceed
is provided by the City's Representative.
7. Instruments of Service
Upon execution of this Agreement, Professional grants to the City an ownership interest in the
Instruments of Service. Professional shall obtain similar interests from the City and Professional's
consultants consistent with this Agreement. As noted in Articles 5 & 11, Professional shall be
required to tender to City all Instruments of Service. With such ownership interest, it is expressly
understood by the parties hereto that the City may use the Instruments of Service for any purposes
which the City sees fit, including, but not limited- to, subsequent construction, reconstruction,
alteration, and/or repairs of the Project. As a condition to the City's use of the Instruments of
Service, the City hereby expressly agrees to remove Professional's name and all references to
Professional, and its consultants from the Documents. Provided that this Agreement is not
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.
S. 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.
3
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 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 0110 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:VIH 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
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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 (whetter 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) the dissolution of Professional;
6
(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
(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 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:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522-0424
For the Professional:
Freese and Nichols, Inc.
Attn: Hassan Moghaddam,P.E.
2010 E. Broadway
Pearland, Texas 77581
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, Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
9
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-�,7 day of Vc>fvbcrr , 2002, the date of execution by the
City Manager of the City of Baytown.
(Signature)
n
1" 1ehrA n 3esya1r)'000
(Printed Name)
)4woyo ra.� M"n a •�a i''
(Title)
ZTY B TTOWN.
GARY JA SON, City Manager
ATTEST:
axl&I/'Iuc$m/�—
GA1ffY W, SMITH, City Clerk
APPROVED AS TO FORM:
c
NACIO RAMIRE S , City Attorney
10
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared , in his jzzL�2
capacity as o . , 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 2002.
..LSON Not Public in an for he State of Texas
LYNETTE� Notary ►*;.jbiic, StbfE of Texas
NA � my cornmiss►on Expires: S
10, 00 0 3 1 0I p0.)5
T:OFF02041 BAY3BaytownReport.doc
11
EXHIBIT A--COMPENSATION
A. Compensation to the Professional for services defined in Exhibit C for the surveying
and engineering for Park Street Drainage Improvements shall be as follows:
Basic Services:
Design and Bid Phase(not-to-exceed) $ 159900
Construction Phase(not-to-exceed) $ 19100
Other Consultant Charges:
Surveying(not-to-exceed) $ 990
Reimbursables (not-to-exceed) $ 550
Anticipated reimbursables for this Project are:
11 x 17 copies @$0.121 per side
8 V2 x 11 copies @$0.05 5 per side
Blue Lines @ $0.121 per sq. ft.
Mileage @$0.3 65 per mile
Courier service @ invoice+ 10%
Binding @$2.20 per book
Total(not-to-exceed) $ 189540
The other consultants and reimbursable charges above include 10% administrative fee.
If the Professional see the Scope of Services changing so that additional services are needed, the
professional will notify City for City's approval before proceeding with any additional services.
Additional Services, if authorized, shall be invoiced per Schedule of Charges attached based on a
multiplier of 2.95.
Upon authorization from the City,the Professional shall proceed with services outlined in
Exhibit C. Monthly payment requests shall be submitted to the City for that portion of service
which has been accomplished as evidenced by monthly statements. The basic and construction
phase services will be invoiced per Schedule of Charges attached based on a multiplier of 2.95.
T:OFF02041 BAYMxhibitA A- 1/1
EXHIBIT B—TIME SCHEDULE FOR WORK
TIME OF COMPLETION: The Professional is authorized to commence work on the Project
upon execution of the AGREEMENT and agrees to complete the services called for in Exhibit C
so as to deliver the completed plans and specifications, and estimate to the City within 100 days
after authorization from the City. The above time includes 60 days for the City's review.
T:OM2041113AYMxhibit B B - 1/1
EXHIBIT B—TIME SCHEDULE FOR WORK
TIME OF COMPLETION: The Professional is authorized to commence work on the Project
upon execution of the AGREEMENT and agrees to complete the services called for in Exhibit C
so as to deliver the completed plans and specifications, and estimate to the City within 100 days
after authorization from the City. The above time includes 10 days for the City's review.
T:OFF02041113AYMxhibit B B - 1/1
e
EXHIBIT C—SCOPE OF WORK AND PROJECTED CONSTRUCTION COST
BASIC SERVICES:
A. Design and Bid Phase
1. Schedule and attend up to three meetings with the City for project coordinations.
2. Field investigation including topographical and elevation survey of the Project
(sub-consultant).
3. Design and prepare construction drawings as per the City's standard and
requirements.
4. Prepare contract documents, and technical specifications for the project as per
City's standards, and construction cost estimate.
5. Submit two complete sets of drawings, contract documents and technical
specifications and construction cost estimate to City for review and comments.
6. Incorporate City's comments and finalize the construction drawings, contract
documents and technical specifications.
7. Submit 10 copies of the final construction drawings, contract documents and
technical specifications including one set of Mylar drawings, and an electronic
file in 2002 AutoCAD format(CD)
S. Assist the City in bidding process. It is assumed that plans distribution is being
handled by the City.
9. Provide tabulation of bids and recommendation on award of contract.
10. Attend the pre-construction meeting.
B. Construction Phase Services
1. If authorized by the City,make one visit to construction site.
2. Prepare As-built drawings in AutoCAD format as per City furnished marked-up
plans.
C. Project Construction Cost Estimate
At this time based on the preliminary information available on the project, our
estimated construction cost is$110,000.
T:OFF020411BAY3ExhibitC C - 1/1
Freese
Gtncl N i c h o ls, Inc. Engineers Environmental Scientists Architects
2010 East Broadway Pearland, TX 77581-5502 281/485-2404 281/485-4322 fax www.freese.com
SCHEDULE OF CHARGES
POSITION MIN MAX
PRINCIPAL OF FIRM 165 215
SENIOR CONSULTANT 105 105
OFFICE MANAGER 125 125
SENIOR PROJECT MANAGER 110 125
PROFESSIONAL ENGINEER/PROJECT MANAGER 85 95
DESIGN ENGINEER 75 85
SR. CADD DESIGNER 45 55
CADD OPERATOR 40 45
RESIDENT CONSTRUCTION INSPECTOR 60 65
CONTRACT/OPERATIONS ANALYST 65 65
WORD PROCESSING/SECRETARIAL 50 55
Actual invoice will be based on direct hourly rates and a multiplier of 2.95.
EXPENSES
Printing
BluelinesBlacklines $0.121 per square foot
Offset and Xerox Copies $0.055 per side copy
Binding $2.20 per book
Tape Binding $1.925 per book
Mileal4e $0.365 per nine
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times multiplier of 1.10. They include outside printing and
reproduction expense,communication expense,travel and other miscellaneous expenses directly related to the work,
including costs of laboratory analysis,tests,and other work required to be done by independent persons other than staff
members.
T:OFF02041\Bay3\FN2002ScheduleofCharges.doc
e
W G r",B VaLSON SURVEY GROUP INC.
PROFESSIONAL LAND SURVEYORS
October 2, 2002
Dr. Hassan Moghaddam, P.E.
Freese-Nichols, Inc.
2004 East Broadway
Pearland, Texas 77581
Re: Drainage Improvement Project for the City of Baytown, Texas
Dear Dr. Moghaddam,
This letter is our proposal to provide surveying services to complete a topographic survey in
connection with the design of a storm sewer on the south side of Park Street in Baytown, Texas.
The project is approximately 640 L.F. and is located between Memorial Drive and d Garth Road.
Based on our discussion and a visit to the site,we understand the following:
• The project area will cover from the south edge of pavement of Park Street to 50-feet
south of the north edge of the existing panting lot.
We will establish a Temporary Benchmark (T.B.M.) based on the current City of
Baytown vertical control system. This proposal allows that a benchmark exists within Y2
mile of the project site.
We will establish elevations at 100-foot stations along the route.
• The elevations will be established at the edge of pavement of Park Street, the north top
of bank, the centerline of ditch, the south top of bank, the north edge of pavement of the
parking lot and 50-feet south of the north edge of pavement.
• The flow line elevations and pipe diameters of the pipes at each end of the ditch will be
determined.
• Process the field data and provide the electronic data to Freese-Nichols.
The cost to provide the outlined services Will be $900.00. The final survey data can be provided
within six(6)working days following written authorization to proceed.
Dr. Moghaddam, we appreciate the opportunity to submit this proposal and look forward to
working with you on this project Please call me if you have any questions.
Y urs truly, ,
M hael D. Wilson, R.P.L.S.
President
2006 E.Broadway•Suite 105 a Pearland,Texas 77581
Ph(281)485-3991 a Fax(281)485-3998
E-mail:mdwilson@houston.if.com