Ordinance No. 9,510ORDINANCE NO. 9510
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND .DIRECTING' THE CITY. MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH PBS &J FOR CONSULTING
ENGINEERING SERVICES FOR THE DEVELOPMENT OF THE PHASE II STORM
WATER MANAGEMENT PROGRAM AND PERMITTING ASSISTANCE;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF
TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00); 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 l: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute a professional services agreement with PBS &J for consulting
engineering services for the development of the Phase U Storm Water Management Program and
Permitting Assistance. 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 PBS &J in an
amount of TWENTY -FIVE THOUSAND AND NO 1100 DOLLARS ($25,000.00) for consulting
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 Sections 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 affipjve vote of the Ci un 1 ¢i�the City of
Baytown this the 13`h day of February, 2003. � n % , I
ALD W. ANDERSON, Mayor Pro Tem
ATTEST:
GP : Y W. MIT.LI, City Clerk
APPROVED AS TO FORM:
® NACIO RAMIREZ, SR. Qty Attorney
FAKaren \Files \City Council\ Ordinances\ PBSR J Phase I[ StormWaterManagemenWrogramOrdinance .doc
AGREEMENT FOR PROFESSIONAL SERVICES
® STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement ") entered into by and between PBS &J (hereinafter "the
Professional ") and the City of Baytown, a home -rule municipality located in Harris and
Chambers County, Texas (the "City").
1. Scope of Services/Professional Fees
This Agreement authorizes Professional to perform consulting engineering services for the
development of the Phase_ II Storm Water Management Program and Permitting
Assistance (the "Work ") for and on behalf of the City. The compensation for Professional shall
be on the basis described in Exhibit "A," with reimbursement of costs on the basis described in
Exhibit "B." The time schedules for the Work are attached as Exhibit "C." The scope of the
work and projection of costs of the construction project is as denoted in Exhibit "D." Each of
these Exhibits "A" through "D" is incorporated into this Agreement by reference for all purposes.
2. Progress Reports
Professional shall provide written progress reports to the City on a monthly basis regarding the
Work and oral reports as requested. Such progress report shall identify work completed during
the period and any problems encountered.
3. Personnel of the Professional
a. Professional's Project Manager
Professional shall designate Michael F. Bloom, 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.
d. Rejection of Professional's Employees
The City reserves the right to approve or reject from the Work any employees of
the Professional.
OMIT A
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4. Designation and Duties of the City's Representative
a. The City's Director of Engineering, or his designee, shall act as the City's
IDRepresentative.
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
TCEQ rules and regulations, or with other recognized standards.
Proprietary material or other materials for which no generally recognized
standards exist may be used provided there has been at least five years of
proven experience in the field, and such satisfactory documentation has
been approved by the City's Representative.
(4) The Work shall be designed and furnished in accordance with the most
current codes and/or standards adopted by city, state, or federal government
or in general custom and usage by the profession.
(5) The codes and standards used in the profession set forth minimum
requirements. These may be exceeded by the Contractor or the Professional
if superior methods are available for successful operation of equipment
® and/or for the construction project on which the Work is performed. Any
alternative codes or regulations used shall have requirements that are
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equivalent or better than those in the above listed codes and regulations.
The Professional shall state the alternative codes and regulations used.
• (6) Professional agrees the services it provides as an experienced and qualified
Civil Engineering Consulting Firm, will reflect the professional standards,
procedures and performances common in the industry for this project.
Professional further agrees that any analysis, reports, preparation of
drawings, the designation or selection of materials and equipment, the
selection and supervision of personnel and the performance of other
services under this .contract, will be pursuant to the standard of
performance common in the profession.
(7) Professional shall promptly correct any defective analysis caused by
Professional at no cost to City. The City's approval, acceptance, use of or
payment for all or any part of Professional's services hereunder or of the
Work itself shall in no way alter Professional's obligations or the City's
rights under this Agreement. Professional shall provide the City with
record "as- built" drawings relating to the work, in hard copy and in an
electronic format that is acceptable to the City. City shall be in receipt of
record drawings, if applicable, prior to final payment.
Professional shall take all reasonable steps to assure the accuracy of the
information contained in the electronic document files. However,
Professional cannot guarantee that changes or alterations to this document
will not occur after the document leaves the possession of the Professional.
Changes or alterations may be safety- related and result in damage to
property personal injury or death. Any document from an electronic file
must be compared to the original hard copy in order to insure the accuracy
of the information contained therein and to further insure that no changes,
alterations or modifications have been made to the document. No reliance
should ever be made on a document transmitted or reviewed by computer
or the electronic means unless it is first compared to the original. The
Professional makes no warranties, express or implied, concerning the
accuracy of the information contained in any document transmitted or
reviewed by computer of other electronic means.
6. Schedule
Professional shall not proceed with the Work or any stage thereof until written notice to proceed
is provided by the City's Representative.
7. Instruments of Service
Upon execution of this Agreement, Professional grants to the City an ownership interest in the
Instruments of Service. Professional shall obtain similar interests from the City and Professional's
consultants consistent with this Agreement. As noted in Articles 5 & 11, Professional shall be
required to tender to City all Instruments of Service. With such ownership interest, it is expressly
understood by the parties hereto that the City may use the Instruments of Service for any purposes
® which the City sees fit, including, but not limited to, subsequent construction, reconstruction,
alteration, and/or repairs of the Project. As a condition to the City's use of the Instruments of
Service, the City hereby expressly agrees to remove Professional's name and all references to
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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
40 make arising out of or in connection with any reuse of the documents by the City.
8. Insurance
Professional shall procure and maintain at his sole cost and expense for the duration of the
Agreement, insurance against claims for injures to person or damages to property which may
arise from or in connection with the performance of the Work hereunder by Professional, his
agents, representatives, volunteers, employees or subconsultants.
Professional's insurance coverage shall be primary insurance with respect to the City, his
officials, employees and agents. Any insurance or self- insurance maintained by the City, his
officials, employees or agents shall be considered in excess of Professional's insurance and shall
not contribute to it. Further, Professional shall include all subconsultants, agents and assigns as
additional insureds under its policy or shall furnish separate certificates and endorsements for
each such person or entity. All coverages for subconsultants and assigns shall be subject to all of
the requirements stated herein.
The following is a list of standard insurance policies along with their respective minimum
coverage amounts required in this Agreement:
1. Commercial General Liability
• General Aggregate: $1,000,000
• Products & Completed Operations Aggregate: $1,000,000
• Personal & Advertising Injury: $1,000,000
• Per Occurrence: $500,000
• Fire Damage $50,000
■ Coverage shall be at least as broad as ISO CG 00 01 10 93
• No coverage shall be deleted from standard policy without notification of
individual exclusions being attached for review and acceptance.
2. Business Automobile Policy
• Combined Single Limits: $500,000
• Coverage for "Any Auto"
3. Errors and Omissions
• Limit: $1,000,000 for this project.
• For all architects, engineers, and/or design companies
• Claims -made form is acceptable
• Coverage will be in force for three (3) years after construction of the Project is
completed.
4. Workers' Compensation
• Statutory Limits
• Employer's Liability $500,000
• Waiver of Subrogation required.
40 b. The following shall be applicable to all policies of insurance required herein.
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1. Insurance carrier must have an A.M. Best Rating of ANIII or better.
a2. Only insurance carriers licensed and admitted to do business in the State of Texas will be
accepted.
•
3. Liability policies must be on occurrence form. Errors and Omissions can be on claims -
made form.
4. Each insurance policy shall be endorsed to state that coverage shall not be suspended,
voided, canceled or reduced in coverage or in limits except after sixty (60) days' prior
written notice by certified mail, return receipt requested, has been given to the City.
5. The City, its officers, agents and employees are to be added as Additional Insureds to all
liability policies, with the exception of the Errors and Omissions Policy required herein.
6. Upon request and without cost to the City, certified copies of all insurance polices and/or
certificates of insurance shall be furnished to the City.
7. Upon request and without cost to the City, loss runs (claims listing) of any and/or all
insurance coverages shall be furnished to the City.
8. All insurance required herein shall be secured and maintained in a company or companies
satisfactory to the City, and shall be carried in the name of Professional. Professional
shall provide copies of insurance policies required hereunder to the City on or before the
effective date of this Agreement.
9. Indemnification and Release
PROFESSIONAL AGREES TO AND SHALL INDEMNIFY AND
HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO
AS THE "CITY ") FROM AND AGAINST ANY AND ALL CLAIMS,
LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND
LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR
INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO
ANY PROPERTY, OR FOR ANY BREACH OF CONTRACT,
ARISING OUT OF, OR IN CONNECTION WITH THE WORK
DONE BY PROFESSIONAL UNDER THIS CONTRACT CAUSED
BY THE SOLE OR JOINT NEGLIGENCE OF PROFESSIONAL
AND ANY OTHER PERSON OR ENTITY. IT IS THE
EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH
PROFESSIONAL AND THE CITY, THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY
PROFESSIONAL TO INDEMNIFY AND PROTECT THE CITY
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FROM THE CONSEQUENCES OF PROFESSIONAL'S OWN
NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE
OR A CONCURRING CAUSE OF THE RESULTING INJURY,
DEATH OR DAMAGE. SUCH INDEMNITY SHALL NOT APPLY,
HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL
INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT
IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF
THE CITY. IN THE EVENT THAT ANY ACTION OR
PROCEEDING IS BROUGHT AGAINST THE CITY FROM
WHICH THE CITY IS INDEMNIFIED, PROFESSIONAL
FURTHER AGREES AND COVENANTS TO DEFEND THE
ACTION OR PROCEEDING BY LEGAL COUNSEL
ACCEPTABLE TO THE CITY.THE INDEMNITY PROVIDED
FOR IN THIS ARTICLE VII SHALL SURVIVE THE
TERMINATION OR EXPIRATION OF THIS AGREEMENT.
By this Agreement, the City does not consent to litigation or suit, and the City
hereby expressly revokes any consent to litigation that it may have granted by the
terms of this Contract or any other contract or agreement, any charter, or
applicable state law. Professional assumes full responsibility for its work performed
hereunder and hereby releases, relinquishes and discharges the City, its officers,
agents, and employees from all claims, demands, and causes of action of every kind
and character, including the cost of defense thereof, for any injury to or death of
any person (whether they be either of the parties hereto, their employees, or other
third parties) and any loss of or damage to property (whether the property be that
of either of the parties hereto, their employees, or other third parties) that is caused
by or alleged to be caused by, arising out of, or in connection with Professional's
work to be performed hereunder. This release shall apply with respect to
Professional's work regardless of whether said claims, demands, and causes of
action are covered in whole or in part by insurance.
10. Subcontractors and Subconsultants
Professional shall receive written approval of the City's Representative prior to the use of any
subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or
subcontractors shall be given to the City before execution of such contracts.
11. Termination of Professional
The City, besides all other rights or remedies it may have, shall have the right to terminate this
Agreement without cause upon ten (10) days' written notice from the City Manager to
Professional of the City's election to do so. Furthermore, the City may immediately and without
notice terminate this Agreement if Professional breaches this Agreement. A breach of this
Agreement shall include, but not be limited to, the following:
(a) failing to pay insurance premiums, liens, claims or other charges;
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(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,
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assessments, liens, or any payments identified in this Agreement;
(c)
the institution of voluntary or involuntary bankruptcy proceeding against
Professional;
(d)
the dissolution of Professional;
(e)
refusing or failing to prosecute the Work or any separable part, with the diligence
that will ensure its completion within the time specified in this Agreement;
M
failing to complete work wthin the time period specified in this Agreement; and/or
(g)
the violation of any provision of this Agreement.
Upon delivery of any notice of termination required herein, Professional shall discontinue all
services in connection with the performance of the Agreement. Within ten (10) days after receipt
of the notice of termination, Professional shall submit a final statement showing in detail the
services satisfactorily performed and accepted and all other appropriate documentation required
herein for payment of services. At the same time that the final statement is tendered to the City,
Professional shall also tender all of Professional's work product, whether complete or not, in an
acceptable form and format to the City's Representitive. No final payment will be made until all
work product is so tendered.
If this Agreement is terminated for cause, Professional shall be liable for any damage to the City
resulting therefrom. This liability includes any increased costs incurred by the City in
completing Professional's work. The rights and 'remedies of the City in this section are in
addition to any other rights and remedies provided by law or under this Agreement.
12. Records
Within ten days of the City's request and at no cost to the City, the City will be entitled to review
and receive a copy of all documents that indicate work on the project that is the subject of this
Agreement.
13. Supervision of Professional
Professional is an independent contractor and the City neither reserves nor possesses any right to
control the details of the Work performed by Professional under the terms of this Agreement.
14. Billing
The City shall have thirty (30) days to pay Professional's bills from the date of receipt of such
bills. All bills must identify with specificity the work or services performed and the date(s) of
such work or services. In the event of a disputed or contested invoice, the parties understand and
agree that the City may withhold the portion so contested, but the undisputed portion will be
paid.
15. Reputation in the Community
Professional shall retain a high reputation in the community for providing professional
engineering services. Professional shall forward a copy of any current petition or complaint in
any court of law which (a) asserts a claim for $50,000 or more for errors or omissions in
providing engineering services and/or (b) seeks to deny the Professional the right to practice
engineering services or to perform any other services in the state of Texas.
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16. Payroll and Basic Records
a. Professional shall maintain payrolls and basic payroll records during the course of
the work performed under this Agreement and shall preserve them for a period of
three years from the completion of the work called for under this Agreement for all
personnel working on such work. Such records shall contain the name and address
of each such employee, social security number, correct classification, hourly rates
of wages paid, daily and weekly number of hours worked, deductions made and
actual wages paid.
b. Professional shall make the records required to be maintained under the preceding
subsection (a) of this section available at no cost to the City for inspection,
copying or transcription or its authorized representatives within fifteen days of the
City's request therefor. Professional shall permit such representatives to interview
Professional's employees during working hours on the job.
17. Governing Law
This Agreement has been made under and shall be governed by the laws of the state of Texas.
The parties further agree that performance and all matters related thereto shall be in Harris
County, Texas.
18. Notices
Unless otherwise provided in this Agreement, any notice provided for or permitted to be given
must be in writing and delivered in person or by depositing same in the Unites States mail,
postpaid and registered or certified, and addressed to the party to be notified, with return receipt
requested, or by delivering the same to an officer of such party. Notice deposited in the mail as
described above shall be conclusively deemed to be effective, unless otherwise stated in this
Agreement, from and after the expiration of three (3) days after it is so deposited.
For the purpose of notice, the addresses of the parties shall be as follows unless properly changed
as provided for herein below:
For the City:
For the Professional:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522 -0424
PBS&J
Attn: Dale Conger, Vice President
1880 S. Dairy Ashford St., Suite 300
Houston, TX 77077 -4760
Fax (281) 493 -4598
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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.
is
20. No Right to Arbitration
Notwithstanding anything to the contrary contained in this Agreement, the City and Professional
hereby agree that no claim or dispute between the City and Professional arising out of or relating
to this Agreement shall be decided by any arbitration proceeding including, without limitation,
any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1 -14), or any applicable
State arbitration statute, including, but not limited to, the Texas General Arbitration Act,
provided that in the event that the City is subjected to an arbitration proceeding notwithstanding
this provision, Professional consents to be joined in the arbitration proceeding if Professional's
presence is required or requested by the City of complete relief to be recorded in the arbitration
proceeding.
21. Waiver
No waiver by either party to this Agreement of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
22. Complete Agreement
This Agreement represents the entire and integrated agreement between the City and Professional
in regard to the subject matter hereof and supersedes all prior negotiations, representations or
agreements, either whether written or oral, on the subject matter hereof. This Agreement may
only be amended by written instrument approved and executed by both of the parties. The City
and Professional accept and agree to these terms.
23. No Assignment
Professional may not sell or assign all or part interest in the transport of the materials to another
party or parties without the prior express written approval of the City Manager of such sale or
assignment. The City may require any records or financial statements necessary in its opinion to
ensure such sale or assignment will be in the best interest of the City.
24. City's Agents
As used in this Agreement, an agent of the City shall mean and include a member of a board or
commission of the City and such other persons or entities authorized to act on behalf of the City.
25. Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
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26. Severability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
27. Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same.
28. Authority
The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he /she represents.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one
and the same Agreement on the _ day of , 2002, the date of execution by the
City Manager of the City of Baytown.
Prof nional: PBS&J
{ ignature)
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
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(Printed Name)
V1Gie�--
(Title)
CITY OF BAYTOWN
GARY JACKSON, City Manager
STATE OF TEXAS' §
COUNTY OF HARRIS §
Before �°n this-day personally appeared , in his
capacity as 'Y1 -&-) of PBS&J, on behalf of such ompany,
- Zknown to me;
proved to me on the oath of ; or
proved to me through his current
{description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person)
(4 one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this Zt day of
Notafv Public in
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EXHIBIT A
COMPENSATION
Services required under this contract, including all costs for reimbursable expenses, shall be a fee
not to exceed $25,000.00, based upon the standard hourly rates detailed hereinbelow and
reimbursable expenses as described in Exhibit B.
RATE SCHEDULE
Personnel:
Personnel cost is reimbursed based on a multiplier of 2.5 applied to direct personnel expense.
Direct personnel expense for each employee is based on the cost of salaries and fringe benefit
costs related to vacation, holiday and sick leave pay, contributions for Social Security,
Workers' Compensation Insurance, retirement benefits and medical and insurance benefits;
unemployment and payroll taxes; and other allowed benefits of those employees directly
engaged in the performance of the requested service. Ranges of hourly direct personnel
expense by personnel classification are as follows:
Principal / Director
$
50.00
to
$
100.00
Senior Engineering Staff
$
29.00
to
$
85.00
Engineering Staff
$
19.00
to
$
55.00
Senior Scientist
$
23.00
to
$
70.00
Scientist
$
13.00
to
$
40.00
Senior Survey Staff
$
28.00
to
$
55.00
Survey Staff
$
15.00
to
$
31.00
Senior Technical Support
$
20.00
to
$
48.00
Technical Support
$
11.00
to
$
28.00
Lab Technicians
$
8.00
to
$
30.00
Senior Clerical / Administration
$
24.00
to
$
45.00
Clerical / Administration
$
9.00
to
$
32.00
Survey Field Crews:
Survey field crews and equipment will be provided at the following fixed hourly rates:
Two -man Field Crew
$
95.00
per hour
Three -man Field Crew
$
120.00
per hour
Four -man Field Crew
$
145.00
per hour
Additional Rodman, Chainman, or Flagman
$
25.00
per hour
G.P.S. Static Receivers
$
160.00
per day per receiver
G.P.S. RTK System
$
400.00
per day
There is no mileage charge when the job site is within 50 miles of the office from which the
survey crew originates.
OSHA 29 CFR 1910.120 certified field and office personnel are available upon request at an
additional cost.
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EXHIBIT B
REIMBURSABLE EXPENSES
Reimbursable expenses shall be the Project - related expenses actually incurred by the Professional
ENGINEER and shall be compensated by the City at actual costs multiplied by a factor of 1.1. All
expenses associated with meals and lodging must be approved in writing by the City prior to the
Professional incurring any expense associated therewith; otherwise, the p arties hereto agree and
understand that the City shall not be liable and the Professional shall not make a claim against the
City for any such expenses.
All reimbursable expenses are subject to the not -to- exceed figure specified -in Exhibit A.
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ONE
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IIIIIIIIIIININNINIIIII
INEIIIIIIIIIIIININIEN
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EXHIBIT D - SCOPE OF WORK
CITY OF BAYTOWN
PHASE II STORM WATER MANAGEMENT
PROGRAM AND PERMITTING ASSISTANCE
Background
To obtain permit authorization to discharge pollutants in storm water runoff from the City's
municipal separate storm sewer system (MS4) the City must submit a Storm Water Management
Program (SWMP) to the Texas Commission on Environmental Quality (TCEQ) within 90 days of
their issuance of the Phase R general permit. The permit is anticipated to be issued in mid March
2003 (at the earliest), therefore the SWMP is likely to be required by mid June 2003. The permit
will require the City to develop and implement programs to address six areas defined in
Environmental Protection Agency (EPA) regulations found in Title 40, Part 122 of the Code of
Federal Regulations (40 CFR 122). The six areas (in summary) are:
■ Public Involvement — City must involve the public in program development to the extent
required under public notice laws. This could involve simply a public notice period, the
use of a community advisory committee or a series of public meetings.
Public Education and Outreach — City must educate the public about storm water
pollution, the impact their activities may have on storm water runoff quality, and steps
they can take to improve runoff quality.
Illicit Discharge Detection & Elimination — City must map their storm sewer outfalls
and receiving waters (if not mapped already), develop an ordinance prohibiting non -
storm water discharges to the sewer system which includes enforcement provisions,
develop a program to detect and eliminate non -storm water discharges to the storm sewer,
document progress in eliminating identified illicit discharges, and inform the public about
illegal discharges and improper disposal.
■ Construction Runoff — City must develop an enforceable program to reduce pollutants
to the storm sewer system from construction activities disturbing one acre or larger by
adopting an ordinance with enforcement provisions, require the use of erosion and
sediment controls, and procedures to receive and respond to public complaints.
■ Post Construction Storm Water Management for New Development and
Redevelopment — City must develop an enforceable program to address storm water
runoff from development projects of greater than or equal to one acre including projects
less than one acre that are part of a larger plan of development. The program must
include the use of control measures with adequate long -term operation and maintenance.
Good Housekeeping in Municipal Operations — City must implement an operation and
maintenance program that includes training that seeks to reduce pollutant runoff from
municipal operations.
23 January 2003 Page 1 of 3
0 Work Tasks
The following major work tasks are proposed:
■ Planning Workshop with City Staff;
■ Prepare Draft SWMP and Implementation Cost Estimates;
■ Discuss Draft SWMP;
■ Prepare Final SWMP; and,
■ Prepare Final Implementation Cost Estimates
Planning Workshop with City Staff
PBS&J will prepare materials to present to City staff regarding Phase II program requirements. A
presentation will be made to City staff to assist in developing program elements. The planning
workshop will include two PBS&J engineering and regulatory specialists and all potentially
impacted City department heads.
The workshop will be scheduled to last for about eight hours (including work and lunch breaks).
The agenda will include the following:
■ Phase II Introduction;
■ Program Goals;
■ Public Involvement;
• Public Education;
■ Illicit Discharges;
■ Construction;
■ Development;
■ Good Housekeeping; and,
■ Summary
For each agenda item participants will discuss existing City activities and programs that may
satisfy Phase II requirements, required new programs (best management practices (BMP's)),
possible ways to track progress (measurable goals), anticipated implementation schedules, and
potentially responsible departments or individuals. A draft SWMP document, based on a model
SWMP prepared by the Galveston Bay Estuary Program, will be used as a prompt for discussion.
The model SWMP will be reviewed to identify aspects that apply to the City and those that do
not. Detailed notes will be taken during the meeting, but no formal minutes will be issued.
Prepare Draft SWMMP and Implementation Cost Estimates
As a result of the planning workshop discussions, PBS&J will prepare a draft SWMP. The plan
will be derived from the model SWMP and the workshop discussions. PBS&J will also prepare a
preliminary cost estimate for each of the five years of program implementation. The draft
SWMP and cost estimate will be provided for City review. Eight bound copies will be provided
for review.
23 January 2003 Page 2 of 3
•
Discuss Draft SWAP and Cost Estimates
PBS&J encourages all affected City departments and staff to review the draft SWMP prior to the
discussion meeting. After City review PBS&J will lead a discussion meeting to go over City
comments to the plan and the cost estimate. Detailed notes will be taken during the meeting, but
no formal minutes will be issued.
Prepare Pre -Final and Final SWMP and NOI Form
Based upon the discussion meeting notes and the final TCEQ General Permit (anticipated in mid
March 2003) PBS&J will prepare the pre -Final SWMP, Notice of Intent (NOI), and updated cost
estimate. These items will be provided to the City for final review and concurrence. Based on
final review PBS&J will prepare the Final SWMP, NOI, and cost estimate. The SWMP and NOI
will be provided to the City for transmittal (along with the required filing fee) to TCEQ by the 90
day deadline.
23 January 2003 Page 3 of 3
1
0
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This Agreement (this "Agreement") entered into by and between PBS&J (hereinafter "the
Professional") and the City of Baytown, a home -rule municipality located in Harris and
Chambers County, Texas (the "City").
1. Scope of Services/Professional Fees
This Agreement authorizes Professional to perform consulting engineering services for the
development of the Phase II Storm Water Management Program and Permitting
Assistance (the "Work") for and on behalf of the City. The compensation for Professional shall
be on the basis described in Exhibit "A," with reimbursement of costs on the basis described in
Exhibit "B." The time schedules for the Work are attached as Exhibit "C." The scope of the
work and projection of costs of the construction project is as denoted in Exhibit "D." Each of
these Exhibits "A" through "D" is incorporated into this Agreement by reference for all purposes.
2. Progress Reports
Professional shall provide written progress reports to the City on a monthly basis regarding the
Work and oral reports as requested. Such progress report shall identify work completed during
the period and any problems encountered.
3. Personnel of the Professional
a. Professional's Project Manager
Professional shall designate Michael F. Bloom, 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.
d. Rejection of Professional's Employees
The City reserves the right to approve or reject from the Work any employees of
the Professional.
460759.00 1
4. Designation and Duties of the City's Representative
a. The City's Director of Engineering, or his designee, shall act as the City's
Representative.
b. 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
TCEQ rules and regulations, or with other recognized standards.
Proprietary material or other materials for which no generally recognized
standards exist may be used provided there has been at least five years of
proven experience in the field, and such satisfactory documentation has
been approved by the City's Representative.
4) The Work shall be designed and furnished in accordance with the most
current codes and/or standards adopted by city, state, or federal government
or in general custom and usage by the profession.
5) The codes and standards used in the profession set forth minimum
requirements. These may be exceeded by the Contractor or the Professional
if superior methods are available for successful operation of equipment
and/or for the construction project on which the Work is performed. Any
alternative codes or regulations used shall have requirements that are
460759.00 2
equivalent or better than those in the above listed codes and regulations.
The Professional shall state the alternative codes and regulations used.
6) Professional agrees the services it provides as an experienced and qualified
Civil Engineering Consulting Firm, will reflect the professional standards,
procedures and performances common in the industry for this project.
Professional further agrees that any analysis, reports, preparation of
drawings, the designation or selection of materials and equipment, the
selection and supervision of personnel and the performance of other
services under this contract, will be pursuant to the standard of
performance common in the profession.
7) Professional shall promptly correct any defective analysis caused by
Professional at no cost to City. The City's approval, acceptance, use of or
payment for all or any part of Professional's services hereunder or of the
Work itself shall in no way alter Professional's obligations or the City's
rights under this Agreement. Professional shall provide the City with
record "as -built" drawings relating to the work, in hard copy and in an
electronic format that is acceptable to the City. City shall be in receipt of
record drawings, if applicable, prior to final payment.
Professional shall take all reasonable steps to assure the accuracy of the
information contained in the electronic document files. However,
Professional cannot guarantee that changes or alterations to this document
will not occur after the document leaves the possession of the Professional.
Changes or alterations may be safety -related and result in damage to
property personal injury or death. Any document from an electronic file
must be compared to the original hard copy in order to insure the accuracy
of the information contained therein and to further insure that no changes,
alterations or modifications have been made to the document. No reliance
should ever be made on a document transmitted or reviewed by computer
or the electronic means unless it is first compared to the original. The
Professional makes no warranties, express or implied, concerning the
accuracy of the information contained in any document transmitted or
reviewed by computer of other electronic means.
6. Schedule
Professional shall not proceed with the Work or any stage thereof until written notice to proceed
is provided by the City's Representative.
7. Instruments of Service
Upon execution of this Agreement, Professional grants to the City an ownership interest in the
Instruments of Service. Professional shall obtain similar interests from the City and Professional's
consultants consistent with this Agreement. As noted in Articles 5 & 11, Professional shall be
required to tender to City all Instruments of Service. With such ownership interest, it is expressly
understood by the parties hereto that the City may use the Instruments of Service for any purposes
which the City sees fit, including, but not limited to, subsequent construction, reconstruction,
alteration, and/or repairs of the Project. As a condition to the City's use of the Instruments of
Service, the City hereby expressly agrees to remove Professional's name and all references to
460759.00 3
Professional, and its consultants from the Documents. Provided that this Agreement is not
terminated for cause by the City, the City shall release any and all claims which the City could
make arising out of or in connection with any reuse of the documents by the City.
8. Insurance
Professional shall procure and maintain at his sole cost and expense for the duration of the
Agreement, insurance against claims for injures to person or damages to property which may
arise from or in connection with the performance of the Work hereunder by Professional, his
agents, representatives, volunteers, employees or subconsultants.
Professional's insurance coverage shall be primary insurance with respect to the City, his
officials, employees and agents. Any insurance or self-insurance maintained by the City, his
officials, employees or agents shall be considered in excess of Professional's insurance and shall
not contribute to it. Further, Professional shall include all subconsultants, agents and assigns as
additional insureds under its policy or shall furnish separate certificates and endorsements for
each such person or entity. All coverages for subconsultants and assigns shall be subject to all of
the requirements stated herein.
The following is a list of standard insurance policies along with their respective minimum
coverage amounts required in this Agreement:
1. Commercial General Liability
General Aggregate: $1,000,000
Products & Completed Operations Aggregate: $1,000,000
Personal & Advertising Injury: $1,000,000
Per Occurrence: $500,000
Fire Damage $50,000
Coverage shall be at least as broad as ISO CG 00 01 10 93
No coverage shall be deleted from standard policy without notification of
individual exclusions being attached for review and acceptance.
2. Business Automobile Policy
Combined Single Limits: $500,000
Coverage for "Any Auto"
3. Errors and Omissions
Limit: $1,000,000 for this project.
For all architects, engineers, and/or design companies
Claims -made form is acceptable
Coverage will be in force for three (3) years after construction of the Project is
completed.
4. Workers' Compensation
Statutory Limits
Employer's Liability $500,000
Waiver of Subrogation required.
b. The following shall be applicable to all policies of insurance required herein.
460759.00 4
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 shall be endorsed to state that coverage shall not be suspended,
voided, canceled or reduced in coverage or in limits except after sixty (60) days' prior
written notice by certified mail, return receipt requested, has been given to the City.
5. The City, its officers, agents and employees are to be added as Additional Insureds to all
liability policies, with the exception of the Errors and Omissions Policy required herein.
6. Upon request and without cost to the City, certified copies of all insurance polices and/or
certificates of insurance shall be furnished to the City.
7. Upon request and without cost to the City, loss runs (claims listing) of any and/or all
insurance coverages shall be furnished to the City.
8. All insurance required herein shall be secured and maintained in a company or companies
satisfactory to the City, and shall be carried in the name of Professional. Professional
shall provide copies of insurance policies required hereunder to the City on or before the
effective date of this Agreement.
9. Indemnification and Release
PROFESSIONAL AGREES TO AND SHALL INDEMNIFY AND
HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO
AS THE "CITY") FROM AND AGAINST ANY AND ALL CLAIMS,
LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND
LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR
INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO
ANY PROPERTY, OR FOR ANY BREACH OF CONTRACT,
ARISING OUT OF, OR IN CONNECTION WITH THE WORK
DONE BY PROFESSIONAL UNDER THIS CONTRACT CAUSED
BY THE SOLE OR JOINT NEGLIGENCE OF PROFESSIONAL
AND ANY OTHER PERSON OR ENTITY. IT IS THE
EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH
PROFESSIONAL AND THE CITY, THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY
PROFESSIONAL TO INDEMNIFY AND PROTECT THE CITY
460759.00 5
FROM THE CONSEQUENCES OF PROFESSIONAL'S OWN
NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE
OR A CONCURRING CAUSE OF THE RESULTING INJURY,
DEATH OR DAMAGE. SUCH INDEMNITY SHALL NOT APPLY,
HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL
INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT
IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF
THE CITY. IN THE EVENT THAT ANY ACTION OR
PROCEEDING IS BROUGHT AGAINST THE CITY FROM
WHICH THE CITY IS INDEMNIFIED, PROFESSIONAL
FURTHER AGREES AND COVENANTS TO DEFEND THE
ACTION OR PROCEEDING BY LEGAL COUNSEL
ACCEPTABLE TO THE CITY.THE INDEMNITY PROVIDED
FOR IN THIS ARTICLE VII SHALL SURVIVE THE
TERMINATION OR EXPIRATION OF THIS AGREEMENT.
By this Agreement, the City does not consent to litigation or suit, and the City
hereby expressly revokes any consent to litigation that it may have granted by the
terms of this Contract or any other contract or agreement, any charter, or
applicable state law. Professional assumes full responsibility for its work performed
hereunder and hereby releases, relinquishes and discharges the City, its officers,
agents, and employees from all claims, demands, and causes of action of every kind
and character, including the cost of defense thereof, for any injury to or death of
any person (whether they be either of the parties hereto, their employees, or other
third parties) and any loss of or damage to property (whether the property be that
of either of the parties hereto, their employees, or other third parties) that is caused
by or alleged to be caused by, arising out of, or in connection with Professional's
work to be performed hereunder. This release shall apply with respect to
Professional's work regardless of whether said claims, demands, and causes of
action are covered in whole or in part by insurance.
10. Subcontractors and Subconsultants
Professional shall receive written approval of the City's Representative prior to the use of any
subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or
subcontractors shall be given to the City before execution of such contracts.
11. Termination of Professional
The City, besides all other rights or remedies it may have, shall have the right to terminate this
Agreement without cause upon ten (10) days' written notice from the City Manager to
Professional of the City's election to do so. Furthermore, the City may immediately and without
notice terminate this Agreement if Professional breaches this Agreement. A breach of this
Agreement shall include, but not be limited to, the following:
a) failing to pay insurance premiums, liens, claims or other charges;
460759.00 6
b) failing to pay any payments due the city, state, or federal government from
Professional or its principals, including, but not limited to, any taxes, fees,
assessments, liens, or any payments identified in this Agreement;
c) the institution of voluntary or involuntary bankruptcy proceeding against
Professional;
d) the dissolution of Professional;
e) refusing or failing to prosecute the Work or any separable part, with the diligence
that will ensure its completion within the time specified in this Agreement;
0) 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.
460759.00 7
16. Payroll and Basic Records
a. Professional shall maintain payrolls and basic payroll records during the course of
the work performed under this Agreement and shall preserve them for a period of
three years from the completion of the work called for under this Agreement for all
personnel working on such work. Such records shall contain the name and address
of each such employee, social security number, correct classification, hourly rates
of wages paid, daily and weekly number of hours worked, deductions made and
actual wages paid.
b. Professional shall make the records required to be maintained under the preceding
subsection (a) of this section available at no cost to the City for inspection,
copying or transcription or its authorized representatives within fifteen days of the
City's request therefor. Professional shall permit such representatives to interview
Professional's employees during working hours on the job.
17. Governing Law
This Agreement has been made under and shall be governed by the laws of the state of Texas.
The parties further agree that performance and all matters related thereto shall be in Harris
County, Texas.
18. Notices
Unless otherwise provided in this Agreement, any notice provided for or permitted to be given
must be in writing and delivered in person or by depositing same in the Unites States mail,
postpaid and registered or certified, and addressed to the party to be notified, with return receipt
requested, or by delivering the same to an officer of such party. Notice deposited in the mail as
described above shall be conclusively deemed to be effective, unless otherwise stated in this
Agreement, from and after the expiration of three (3) days after it is so deposited.
For the purpose of notice, the addresses of the parties shall be as follows unless properly changed
as provided for herein below:
For the City:
For the Professional:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522-0424
PBS&J
Attn: Dale Conger, Vice President
1880 S. Dairy Ashford St., Suite 300
Houston, TX 77077-4760
Fax (281) 493-4598
460759.00 8
Each party shall have the right from time to time at any time to change its respective address and
each shall have the right to specify a new address, provided that at least fifteen (15) days' written
notice is given of such new address to the other party.
19. No Third Party Beneficiary
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit Professional and the City only.
20. No Right to Arbitration
Notwithstanding anything to the contrary contained in this Agreement, the City and Professional
hereby agree that no claim or dispute between the City and Professional arising out of or relating
to this Agreement shall be decided by any arbitration proceeding including, without limitation,
any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable
State arbitration statute, including, but not limited to, the Texas General Arbitration Act,
provided that in the event that the City is subjected to an arbitration proceeding notwithstanding
this provision, Professional consents to be joined in the arbitration proceeding if Professional's
presence is required or requested by the City of complete relief to be recorded in the arbitration
proceeding.
21. Waiver
No waiver by either party to this Agreement of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
22. Complete Agreement
This Agreement represents the entire and integrated agreement between the City and Professional
in regard to the subject matter hereof and supersedes all prior negotiations, representations or
agreements, either whether written or oral, on the subject matter hereof. This Agreement may
only be amended by written instrument approved and executed by both of the parties. The City
and Professional accept and agree to these terms.
23. No Assignment
Professional may not sell or assign all or part interest in the transport of the materials to another
party or parties without the prior express written approval of the City Manager of such sale or
assignment. The City may require any records or financial statements necessary in its opinion to
ensure such sale or assignment will be in the best interest of the City.
24. City's Agents
As used in this Agreement, an agent of the City shall mean and include a member of a board or
commission of the City and such other persons or entities authorized to act on behalf of the City.
25. Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
460759.00 9
26. Severability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
27. Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same.
28. Authority
The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he/she represents.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one
and the same Agreement on the Gib day of J71 a,rc a-i , 2902 the date of execution by the
City Manager of the City of Baytown. 02046
Professional: PBS&J
Signature)
D4CBZ Printed Name)
v//GOcok17
Title) CITY • B •
OWN
GARY JA •. W.
ON, City Manager ATTEST: W. MITH,
City
Clerk APPROVED AS TO
FORM: ACIO RAMIREZ, SR.
ity Attorney 460759.00 10
Ni one)
STATE OF TEXAS
COUNTY OF HARRIS
Before`n thi ay personally appeared ,,1/h J( , in his
capacity as 'Yin J j zd ./ of PBS&J, on behalf of such ompany,
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 }
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.,2,day of 2002.
1t 1111111/
Not • Public in • • fo t . P • ' '8
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FAKaren\Files\Engineering\Architect Agreements\PBS&J\Storm Water Phase Il\Contract - PBSJ CommentsClean.doc
460759.00 11
EXHIBIT A
COMPENSATION
Services required under this contract, including all costs for reimbursable expenses, shall be a fee
not to exceed $25,000.00, based upon the standard hourly rates detailed hereinbelow and
reimbursable expenses as described in Exhibit B.
RATE SCHEDULE
Personnel:
Personnel cost is reimbursed based on a multiplier of 2.5 applied to direct personnel expense.
Direct personnel expense for each employee is based on the cost of salaries and fringe benefit
costs related to vacation, holiday and sick leave pay, contributions for Social Security,
Workers' Compensation Insurance, retirement benefits and medical and insurance benefits;
unemployment and payroll taxes; and other allowed benefits of those employees directly
engaged in the performance of the requested service. Ranges of hourly direct personnel
expense by personnel classification are as follows:
Principal / Director
Senior Engineering Staff
Engineering Staff
Senior Scientist
Scientist
Senior Survey Staff
Survey Staff
Senior Technical Support
Technical Support
Lab Technicians
Senior Clerical / Administration
Clerical / Administration
50.00 to $ 100.00
29.00 to $ 85.00
19.00 to $ 55.00
23.00 to $ 70.00
13.00 to $ 40.00
28.00 to $ 55.00
15.00 to $ 31.00
20.00 to $ 48.00
11.00 to $ 28.00
8.00 to $ 30.00
24.00 to $ 45.00
9.00 to $ 32.00
Survey Field Crews:
Survey field crews and equipment will be provided at the following fixed hourly rates:
Two -man Field Crew
Three-man Field Crew
Four -man Field Crew
Additional Rodman, Chainman, or Flagman
G.P.S. Static Receivers
G.P.S. RTK System
95.00
120.00
145.00
25.00
160.00
400.00
per hour
per hour
per hour
per hour
per day per receiver
per day
There is no mileage charge when the job site is within 50 miles of the
survey crew originates.
OSHA 29 CFR 1910.120 certified field and office personnel are avail
additional cost.
office from which the
able upon request at an
EXHIBIT B
REIMBURSABLE EXPENSES
Reimbursable expenses shall be the Project -related expenses actually incurred by the Professional
ENGINEER and shall be compensated by the City at actual costs multiplied by a factor of 1.1. All
expenses associated with meals and lodging must be approved in writing by the City prior to the
Professional i ncurring any e xpense a ssociated t herewith; o therwise, t he p arties h ereto a gree and
understand that the City shall not be liable and the Professional shall not make a claim against the
City for any such expenses.
All reimbursable expenses are subject to the not -to -exceed figure specified in Exhibit A.
EXHIBIT C - PROJECT SCHEDULE
CITY OF BAYTOWN - PHASE II STORM WATER MANAGEMENT PROGRAM AND PERMITTING ASSISTANCE
Prepared 23 January 2003 JANUARY FEBRUARY MARCH APRIL MAY JUNE
1 Planning Workshop
Prepare Materials
Conduct Worksho
2 Draft SWMP and Cost Estimate
Draft SWMP
City Review
3 Discuss Draft SWMP and Cost Estimates
Meeting
4 Pre -Final SWMP and NOI
TCEQ Issues General Permit Assumed date.
Review TCEQ General Permit
Prepare Pre -Final SWMP/NOI
Prepare Pre -Final Cost Estimate
City Review
5 Final SWMP and NOI
Prepare Final SWMP/NOI
Prepare Final Cost Estimate
Day 90 regulatory period
City Submits SWMP/NOI
I—
EXHIBIT D - SCOPE OF WORK
CITY OF BAYTOWN
PHASE II STORM WATER MANAGEMENT
PROGRAM AND PERMITTING ASSISTANCE
Background
To obtain permit authorization to discharge pollutants in storm water runoff from the City's
municipal separate storm sewer system (MS4) the City must submit a Storm Water Management
Program (SWMP) to the Texas Commission on Environmental Quality (TCEQ) within 90 days of
their issuance of the Phase II general permit. The permit is anticipated to be issued in mid March
2003 (at the earliest), therefore the SWMP is likely to be required by mid June 2003. The permit
will require the City to develop and implement programs to address six areas defined in
Environmental Protection Agency (EPA) regulations found in Title 40, Part 122 of the Code of
Federal Regulations (40 CFR 122). The six areas (in summary) are:
Public Involvement — City must involve the public in program development to the extent
required under public notice laws. This could involve simply a public notice period, the
use of a community advisory committee or a series of public meetings.
Public Education and Outreach — City must educate the public about storm water
pollution, the impact their activities may have on storm water runoff quality, and steps
they can take to improve runoff quality.
Illicit Discharge Detection & Elimination — City must map their storm sewer outfalls
and receiving waters (if not mapped already), develop an ordinance prohibiting non -
storm water discharges to the sewer system which includes enforcement provisions,
develop a program to detect and eliminate non -storm water discharges to the storm sewer,
document progress in eliminating identified illicit discharges, and inform the public about
illegal discharges and improper disposal.
Construction Runoff — City must develop an enforceable program to reduce pollutants
to the storm sewer system from construction activities disturbing one acre or larger by
adopting an ordinance with enforcement provisions, require the use of erosion and
sediment controls, and procedures to receive and respond to public complaints.
Post Construction Storm Water Management for New Development and
Redevelopment — City must develop an enforceable program to address storm water
runoff from development projects of greater than or equal to one acre including projects
less than one acre that are part of a larger plan of development. The program must
include the use of control measures with adequate long-term operation and maintenance.
Good Housekeeping in Municipal Operations — City must implement an operation and
maintenance program that includes training that seeks to reduce pollutant runoff from
municipal operations.
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Work Tasks
The following major work tasks are proposed:
Planning Workshop with City Staff;
Prepare Draft SWMP and Implementation Cost Estimates;
Discuss Draft SWMP;
Prepare Final SWMP; and,
Prepare Final Implementation Cost Estimates
Planning Workshop with City Staff
PBS&J will prepare materials to present to City staff regarding Phase II program requirements. A
presentation will be made to City staff to assist in developing program elements. The planning
workshop will include two PBS&J engineering and regulatory specialists and all potentially
impacted City department heads.
The workshop will be scheduled to last for about eight hours (including work and lunch breaks).
The agenda will include the following:
Phase 11 Introduction;
Program Goals;
Public Involvement;
Public Education;
Illicit Discharges;
Construction;
Development;
Good Housekeeping; and,
Summary
For each agenda item participants will discuss existing City activities and programs that may
satisfy Phase II requirements, required new programs (best management practices (BMP's)),
possible ways to track progress (measurable goals), anticipated implementation schedules, and
potentially responsible departments or individuals. A draft SWMP document, based on a model
SWMP prepared by the Galveston Bay Estuary Program, will be used as a prompt for discussion.
The model SWMP will be reviewed to identify aspects that apply to the City and those that do
not. Detailed notes will be taken during the meeting, but no formal minutes will be issued.
Prepare Draft SWMP and Implementation Cost Estimates
As a result of the planning workshop discussions, PBS&J will prepare a draft SWMP. The plan
will be derived from the model SWMP and the workshop discussions. PBS&J will also prepare a
preliminary cost estimate for each of the five years of program implementation. The draft
SWMP and cost estimate will be provided for City review. Eight bound copies will be provided
for review.
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Discuss Draft SWMP and Cost Estimates
PBS&J encourages all affected City departments and staff to review the draft SWMP prior to the
discussion meeting. After City review PBS&J will lead a discussion meeting to go over City
comments to the plan and the cost estimate. Detailed notes will be taken during the meeting, but
no formal minutes will be issued.
Prepare Pre -Final and Final SWMP and NOI Form
Based upon the discussion meeting notes and the final TCEQ General Permit (anticipated in mid
March 2003) PBS&J will prepare the pre -Final SWMP, Notice of Intent (NOI), and updated cost
estimate. These items will be provided to the City for final review and concurrence. Based on
final review PBS&J will prepare the Final SWMP, NOI, and cost estimate. The SWMP and NOI
will be provided to the City for transmittal (along with the required filing fee) to TCEQ by the 90
day deadline.
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