Ordinance No. 9,778 ORDINANCE NO. 9778
•
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
• AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF
THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN AGREEMENT WITH
HALFF ASSOCIATES, INC., FOR PREPARATION OF A FLOODPLAIN HAZARD
MITIGATION PLAN FOR THE CITY OF BAYTOWN;AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN, THE SUM OF FORTY-SEVEN THOUSAND THREE
HUNDRED AND NO/100 DOLLARS ($47,300.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown,Texas,hereby authorizes and directs the
City Manager and the City Clerk of the City of Baytown to execute and attest to an agreement with Halff
Associates, Inc., for preparation of a Floodplain Hazard Mitigation Plan for the City of Baytown. 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 Halff Associates,
Inc., for preparation of a Floodplain Hazard Mitigation Plan for the City of Baytown of the sum of FORTY-
SEVEN THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($47,300.00), pursuant to the
Agreement.
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/100 DOLLARS($25,000.00)or less,provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent(25%).
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 8th day of April, 2004.
PETE C. ALFARO, ayor
ATTEST;
A_
G.' Y SM!TH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., City Al�
® F:Ucanene\My Documents\Council\03-04\April Ist\AuthorizeFloodplainHazardMitigationPlan.doc
ORiGINAL
CONSULTING SERVICES AGREEMENT
STATE OF TEXAS §
§ KNOWN BY THESE PRESENTS:
COUNTY OF HARRIS §
This Agreement is made this otOday of April, 2004, by and between the City of
Baytown, Texas, acting by and through its City Council of the City of Baytown, Texas
hereinafter referred to as the "City," and Half Associates, Inc., a Texas corporation, hereinafter
referred to as the "Consultant"; and the Parties do hereby make and enter into the following
agreement:
ARTICLE I.
Consultant
1.1 The Consultant as an independent contractor covenants and agrees to perform
professional services for the Floodplain Hazard Mitigation Plan as described in Article II.
Such services shall be performed by the Consultant in accordance with the terms of this
Agreement and for the consideration herein stated. The Consultant covenants and agrees
to perform the services in a professional manner. The Consultant shall complete the
scope of work and shall submit reports to the City as required.
1.2 The Consultant shall provide its services under this Agreement with the same degree of
care, skill and diligence as is ordinarily provided by such professional under similar
circumstances for the preparation of the Floodplain Hazard Mitigation Plan and to which
this Agreement applies. The Consultant will further give professional consultations and
advice to the City during the performance of the services under this Agreement.
ARTICLE II.
Scope of Work
2.1 The Consultant will perform the professional services related to the Floodplain Hazard
Mitigation Plan as set for in Exhibit "A," which is attached and made a part of this
Agreement for all intents and purposes. No engineering services shall be performed or be
deemed to be required under this Agreement.
2.2 Pursuant to this Agreement, the City shall have the option to obtain the services of the
Consultant to perform additional services. Such additional services shall be described in
a written amendment to this Agreement, as agreed mutually by the City and the
Consultant, including a description of the additional work, associated compensation, and
time schedule as applicable.
Consulting Services Agreement,Page 1
II'
® • ARTICLE.III.
Consultant Personnel
3.1 The Consultant represents that it has or will secure at its own expense, all personnel
required in performing the services under this Agreement. Such personnel shall not be
employees of or have any contractual relationship with the City.
3.2 The Consultant may contract with subconsultants for portions of the work or services
under this Agreement with the prior written approval of the City. Any work or services
subcontracted hereunder shall be specified by a written Agreement and shall be subject to
the provisions of this Agreement.
•
ARTICLE IV.
Sunnort Services
4.1 To the extent authorized by law, the readily available existing data and documentation
obtained by the City that are relevant to the accomplishment of the Scope of Work
specified in Article II shall be made available by the City for use by the Consultant.
However, in providing such data and documentation, the City makes no warranty as to
the accuracy or reliability of the same.
4.2 The City shall consider and act on all documents and project work items submitted by the
Consultant that require review, comments or approval by the City within a reasonable
period of time so as to enable the Consultant to compete the work on schedule as
provided in Article V of this Agreement.
4.3 The City agrees to provide the Consultant with support services needed to organize,
schedule, notify, provide, meet, locate, conduct meetings, and prepare minutes of
meetings for the Floodplain Hazard Mitigation Plan, including committees, workshops,
public meetings and public hearings as described in Article H. The Consultant will
advise and coordinate with the City to accomplish these support services.
ARTICLE V.
Time of Performance
5.1 The Consultant shall commence services upon execution of this Agreement and receipt of
written notice to proceed from the City.
5.2 The Consultant shall complete the services described in Article II on or before
, 2004, in accordance with the schedule, which is attached hereto
as Exhibit "B" and incorporated herein for all intents and purposes, unless the scope of
work and time of performance are changed in accordance with Article X.
•
Consultine Services Aereement.Page 2
® 5.3 The completion schedule set forth in Section 5.2 may not be subject to causes that result
in delay over which neither the Consultant nor the City has any control. Notification and
justification of any such delays identified by the Consultant must be made in writing and
approved by the City. The schedule of work will be extended to include any such delays
pursuant to Article X.
•
5.4 Except for the indemnity provided for in Article XIII, this Agreement shall terminate
upon the City's final acceptance of work completed by the Consultant, unless otherwise
terminated or modified as hereinafter provided.
ARTICLE VI.
Compensation to Consultant
6.1 The City shall compensate the Consultant for the professional services performed under
this Agreement. For the basic services described in Exhibit "A," the City shall pay the
Consultant in full payment for services rendered a sum not to exceed FORTY-THREE
THOUSAND ONE HUNDRED TWENTY AND NO/100 DOLLARS ($43,120.00).
Reimbursable expenses pertaining to the same shall not exceed FOUR THOUSAND
ONE HUNDRED EIGHTY AND NO/100 DOLLARS ($4,180.00). The actual amount
of compensation is based upon the fee schedule, which is attached hereto as Exhibit "C"
and incorporated herein for all intents and purposes. The compensation may be modified
pursuant to Article X, in the even of increased cost, change in the scope of work, time of
performance, delays or increase or decrease in the complexity or character of the work.
6.2 For additional services rendered pursuant to Section 2.2, the City shall compensate the
Consultant in the manner similar to the basic services and in accordance with the
maximum amount payment and other terms as specified in the amendatory agreement
providing for the additional services.
6.3 Payment shall be made only after receipt and acceptance by the City of each milestone
identified in Exhibit "B" and receipt of an invoice therefor. The invoice shall not exceed
the portion of the compensation attributable to the specified milestone completed as noted
in Exhibit "13." Each invoice shall be certified as true and correct by an officer of the
Consultant. Each invoice is due and payable by the City within thirty days following the •
date of its receipt by the City or within thirty days of receipt of the invoiced services,
whichever is later. However, the City shall not be obligated to pay the full amount of an
invoice if there is a dispute in the bill tendered by the Consultant to the City for payment.
In such case, the City shall pay only the undisputed amount.
6.4 The terms of this Agreement are contingent upon sufficient appropriations and
authorization being made by the City for the performance of this Agreement. If at any
time during the period of performance under this Agreement, the City does not make
sufficient appropriations and authorizations, this Agreement shall terminate upon written
notice being given by the City to the Consultant. The City's decision as to whether
Consultine Services Aereement,Page 3
sufficient appropriations are available shall be accepted by the Consultant and shall be
final.
ARTICLE VII.
Product of Services. Coavrieht
•
7.1 The Consultant and the City mutually agree that reports, maps and materials prepared or
developed under the terms of this Agreement shall be delivered to and become the
property of the City. The Consultant shall have the right to retain copies and to utilize the
product of its services for marketing purposes, except for any confidential information, as
defined in Article XI hereof.
7.2 The Consultant shall furnish the City with the number of copies of reports as indicated in
Article II.
7.3 Nothing produced in whole or in part by the Consultant under this Agreement shall be
subject to application for copyright by or for the Consultant.
7.4 The Consultant hereby grants and conveys an ownership interest to the City in all work
products relating to the services required to be performed in this Agreement without
additional compensation.
ARTICLE VIII.
Private Interest of Public Officials and Consultant
8.1 No employee, agent or member of the City Council of the City shall have any financial
interest, direct or indirect, in this Agreement or the proceeds thereof.
ARTICLE IX.
Certifications of Consultant
9.1 The Consultant has not employed or retained any company or person, other than a bona
fide employee working solely of the Consultant, to solicit or secure this Agreement, and
that it has not been paid or agreed to pay any company or person other than a bona fide
employee working solely for the Consultant, any fee, commission, percentage, brokerage
fee, or any other consideration contingent upon or resulting from the award or making of
this Agreement.
9.2 The Consultant presently has no interest and shall not acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of services
under this Agreement.
Consulting Services Agreement,Page 4
® ARTICLE X.
Changes or Termination
10.1 This Agreement may not be altered, changed or amended except by instrument in writing
executed by the parties hereto.
10.2 The City may, from time to time, request changes in the scope of work and time of
performance for the services of the Consultant to be performed hereunder. Such changes,
including any increase or decrease in the amount of the Consultant's compensation,
which are mutually agreed upon by and between the City and the Consultant, shall be
incorporated in written amendments to this Agreement.
10.3 This Agreement, with the exception of Section 13.2 may be terminated before the
expiration date specified in Article V by any of the following conditions
a. Right of either party to terminate for cause. This Agreement may be terminated
by either of the parties hereto for failure by the other party to perform in a timely
and proper manner its obligation under this Agreement. A signed written notice
of such termination shall be delivered to the other party by registered or certified
mail and such termination shall take effect twenty days after the notice is
deposited in the mail provided that the failure to perform has not been remedied in
full prior to the expiration of the twenty-day period. By such termination, either
party may nullify obligations already incurred for the performances or failure to
perform before the termination date.
b. Right of the City to terminate for convenience. This Agreement may also be
terminated by the City for reasons other than failure by the Consultant to perform
in a timely and proper manner its obligations under this Agreement. A signed,
written notice of such termination shall be delivered to Consultant by registered or
certified mail and such termination shall take effect not less than seven day
following the date that the notice is deposited in the mail or at 5:00 p.m. on the
date the notice is received by the Consultant, whichever is sooner.
10.4 Upon receipt of a notice of termination under any of the conditions under Section 10.3,
the Consultant shall, unless the notice otherwise directs, immediately discontinue all
services in connection with the performance of this Agreement. Within thirty (30) days
after the conditions specified in Section 10.3 being met or within thirty(30) days after the
Consultant submits a statement of the actual services performed and payment requested,
or within thirty (30) days after the City's receipt of all data, study products and all other
work products required to be tendered to the City, whichever is later, the City shall pay
the Consultant allowable costs incurred, less previous payments. The City will only be
obligated to compensate the Consultant in a just and equitable manner for those services
actually performed prior to the effective date of termination. Data, study products and all
other work product prepared by Consultant under this Agreement shall be delivered to the
City within thirty (30) days after the receipt of the notice of termination if terminated by
Consulting Services Agreement,Page 5
days after tenderingthe notice of termination if terminated
• the City or within thirty (30) y
by the Consultant.
10.5 Notwithstanding the provisions of Section 10.4 above, Consultant shall not be relieved of
liability to the City for damages sustained by the City by virtue of any negligent act or
omission or any breach of the Agreement.
ARTICLE XI.
Confidentiality
11.1 Any information determined to be confidential pursuant to the Texas Public Information
Act that is provided to or developed by the Consultant in the performance of this
Agreement shall be kept confidential and shall not be made available to any individual or
gr P
organization by the Consultant without prior written approval of the City.
ARTICLE XII.
Inspection of Records
12.1 The Consultant shall maintain accounts and records, including personnel, property and
financial records, adequate to identify and account for all costs pertaining to this
Agreement and such other records as may be deemed necessary by the City to assure
proper accounting for all project funds. These records will be retained for at least three
years after the expiration of this Agreement.
12.2 Any time during normal business hours and as requested by the City, the Consultant shall
make available to the City for examination all of its project records with respect to all
matters covered by this Agreement and will allow the City to review, examine and make
excerpts from such records, and to make copies of all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data relating to all
matters covered by this Agreement. The financial records of the Consultant will be
available upon request by the City's representative in a timely manner in its office located
in Bellaire, Texas, for audit purposes to the City or its authorized representative. In any
event, the financial records shall be made available to the City in the Consultant's office
within (10) days of the City's request for the same. All copies made by the City pursuant
to this Section shall be made at the sole cost and expense of the Consultant.
ARTICLE XIII.
Insurance and Indemnification
13.1 Throughout the term of this Agreement, the Consultant at its own expense shall purchase,
maintain and keep in force and effect insurance against claims for injuries to or death of
• persons or damages to property which may arise out of or result from the Consultant's
services, whether such services be by the Consultant, its agents, representatives,
Consulting Services Agreement, Page 6
® volunteers, employees or subconsultants or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable.
13.2 The Consultant's insurance coverage shall be primary insurance with respect to the City,
its officers, agents and employees. Any insurance or self-insurance maintained by the
City, its officials, agents and employees shall be considered in excess of the Consultant's
insurance and shall not contribute to it. All coverage for subconsultants shall be subject
to all of the requirements stated herein.
13.3 The following insurance shall be required under this Agreement and shall meet or exceed
the minimum requirements set forth herein:
1. Commercial General Liability
■ General Aggregate: $1,000,000
■ Per Occurrence: $500,000
■ 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 & Omissions (E&O)
• Limit: $500,000
• Claims-made form is acceptable.
4. Workers' Compensation
• Statutory Limits
■ Employer's Liability$500,000
• Waiver of Subrogation required.
13.4 Prior to any work being performed on the site, the Consultant shall file with the City
valid Certificates of Insurance and endorsements acceptable to the City. Such
Certificates shall contain a provision that coverage afforded under the policies will not be
canceled, suspended, voided, or reduced until at least thirty (30) days' prior written notice
has been given to the City via certified mail, return receipt requested.
13.5 The Consultant shall also file with the City valid Certificates of Insurance covering all
subconsultants.
13.6 The following are general requirements applicable to all policies:
➢ AM Best Rating of A; VII or better.
➢ Insurance carriers licensed and admitted to do business in State of Texas will be
®
accepted.
Consultine Services Aereement,Page 7
® ➢ Upon request of and without cost to City of Baytown, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to City of Baytown's
representative. Certificates of insurance showing evidence of insurance coverage
shall be provided to City of Baytown's representative prior to any work being
performed at the site.
➢ Liability policies must be on occurrence form. Errors and Omissions can be on
claims-made form.
➢ Each insurance policy shall be endorsed to state that coverage shall not be suspended,
P Y
voided, canceled or reduced in coverage or in limits except after thirty (30) days'
prior written notice by certified mail, return receipt requested, has been given to the
City.
➢ 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.
➢ 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.
➢ Upon request of and without cost to City of Baytown, loss runs (claims listing) of any
and/or all insurance coverage shall be furnished to City of Baytown's representative.
13.7
THE CONSULTANT AGREES TO AND SHALL INDEMNIFY, HOLD
HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND
EMPLOYEES (HEREINAFTER COLLECTIVELY REFERRED TO AS THE
"CITY"), FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND,
INCLUDING, BUT NOT LIMITED TO, ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF
ANY PERSON, OR FOR ANY AND ALL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE SERVICES PROVIDED BY THE CONSULTANT
PURSUANT TO THIS AGREEMENT, THE CONDUCT OR MANAGEMENT
OF THE CONSULTANT'S BUSINESS OR ACTIVITIES, OR FROM ANY
OTHER ACT OR OMISSION BY THE CONSULTANT, ITS AGENTS, AND
EMPLOYEES, WHEN PERFORMING SERVICES IN ACCORDANCE WITH
THIS AGREEMENT, WHERE SUCH INJURIES, DEATH OR DAMAGES ARE
CAUSED BY THE JOINT NEGLIGENCE OF THE CITY AND ANY OTHER
PERSON OR ENTITY AND/OR BY THE JOINT OR SOLE NEGLIGENCE OF
THE CONSULTANT. IT IS THE EXPRESSED INTENTION OF THE PARTIES
HERETO, BOTH THE CONSULTANT AND THE CITY, THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY
THE CONSULTANT TO INDEMNIFY AND PROTECT THE CITY, ITS
OFFICERS, AGENTS AND EMPLOYEES FROM THE CONSEQUENCES OF
(I) THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A
CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE
AND/OR (II) THE CONSULTANT'S JOINT AND/OR SOLE NEGLIGENCE.
® FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH
SHALL HAVE NO APPLICATION TO THE CITY FOR ANY CLAIM, LOSS,
Consulting Services Agreement,Page 8
. DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE
INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE
OF THE CITY, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR
ENTITY. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS
BROUGHT AGAINST THE CITY BY REASON OF ANY OF THE ABOVE,
THE CONSULTANT FURTHER AGREES AND COVENANTS TO DEFEND
THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO
THE CITY.
The indemnity provided hereinabove shall survive the termination and/or expiration of
this Agreement.
13.8 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 Agreement or any other contract or agreement, any charter, or
applicable state law. Nothing herein shall be construed so as to limit or waive the
City's sovereign immunity. The Consultant 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 the
Consultant's work to be performed hereunder. This release shall apply with respect
to the Consultant's work regardless of whether said claims, demands, and causes of
action are covered in whole or in part by insurance.
ARTICLE XIV.
Miscellaneous Provisions
14.1 Neither the City nor Consultant shall be required to perform any term, condition or
covenant of this Agreement while such performance is delayed or interrupted by acts of
God, material or labor restrictions by any governmental authority, civil riot, flood,
hurricanes or other natural disasters, any other cause not within the control of the City or
Consultant that by the exercise of due diligence the City or Consultant is unable wholly
or in part, to prevent or overcome and supersedes all prior agreements and understandings
between City and Consultant concerning the subject matter of this Agreement. Any such
delay in performance shall be excused only for the same amount of time as the
occurrence giving rise to the delay shall have lasted or such period of time as is
reasonably necessary after such occurrence abates for the effects thereof to have
dissipated as determined in the sole discretion of the City.
S
Consulting Services Agreement.Page 9
• 14.2 This Agreement constitutes the entire agreement between the City and Consultant. No
agreements, amendments, modifications, implied or otherwise, shall be binding on any of
the parties unless set forth in writing and signed by both parties.
14.3 If one or more of the provisions of this Agreement or the application of any provision to
any party or circumstance, is held invalid, unenforceable or illegal in any respect, the
remainder of this Agreement and the application of the provision to other parties or
circumstances shall remain valid and in full force and effect.
14.4 Any notice required to be given pursuant to the terms and provisions of this Agreement
shall be in writing and shall be mailed by certified or registered mail addressed as set
forth below or at such other address as may be specified by written notice:
CONSULTANT
Halff Associates, Inc.
Attn: Vice President
4000 Fossil Creek Blvd.
Fort Worth, TX 76110
FAX: 817-232-9784
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
FAX: 281-420-6586
14.5 The waiver by either party of a breach of any provision of this Agreement shall not
constitute a waiver of any subsequent breach of this Agreement.
14.6 The Consultant shall not assign any interest in this Agreement and shall not transfer any
interest in the same without the prior written consent of the City thereto.
14.7 The City and Consultant each bind itself and its successors, executors and administrators
and assigns of such other parties, in respect to all covenants of this Agreement. Nothing
herein shall be construed as creating any personal liability on the part of any officer,
board member, commissioner, employee or agent of the City.
14.8 The Consultant at such times and in such forms as the City may require, shall furnish the
City such periodic reports as it may request pertaining to the work or services undertaken
pursuant to this Agreement.
14.9 Each provision and clause required by law to be inserted into the Agreement shall be
deemed to be included herein and this Agreement shall be read and enforced as though
each were included herein. If through mistake or. otherwise any such provision is not
Consultine Services Agreement,Page 10
inserted or is not correctly inserted, the Agreement shall be amended to make such
insertion on application by either party.
14.10 The failure on the part of any party herein at any time to require the performance by the
other party of any portion of this Agreement shall not be deemed a waiver of or in any
way affect that party's rights to enforce such provision or another provision in the future.
Any waiver by any party herein of any provision hereof shall not be taken or held to be a
waiver of any other provision hereof or any other breach hereof.
14.11 Any and all representations and conditions made by the Consultant under this Agreement
are of the essence of this Agreement and shall survive the execution, delivery and
termination of it, and all statement contained in any documents required by the City,
whether delivered at the time of execution or at a later date, shall constitute
representations hereunder.
14.12 In the event of default by any party herein, all other parties shall have all rights and
remedies afforded to it at law or in equity to recover damages and to interpret or enforce
the terms of this Agreement. The exercise of any one right or remedy shall be without
prejudice to the enforcement of any other right or remedy allowed at law or in equity.
14.13 This Agreement is performed in Harris County, Texas, and is subject to all applicable
Federal and State laws, statutes, codes, and any applicable permits, ordinances, rules,
orders and regulations of any local, state or federal government authority having or
asserting jurisdictional.
14.14 In the performance of this Agreement, the Consultant will not discriminate against any
employee or applicant for employment because of race, color, religion, age, sex or
national origin. The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of it, state that it is an equal opportunity employer.
14.15 Two copies of this Agreement are executed; each shall be deemed an original.
14.16 The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
14.17 The section headings are used in this Agreement for convenience and reference purposes
only and are not intended to define, limit or describe the scope or intent of any provision
of this Agreement and shall have no meaning or effect upon its interpretation.
14.18 Words of any gender used in this Agreement shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and
vice versa, unless context requires otherwise.
14.19 The officers executing this Agreement on behalf of the parties hereby confirm that such
officers have full authority to execute this Agreement and to bind the party he/she
® represents.
Consultive Services Aereement,Page 11
IN WITNESS HEREOF, the parties have executed this agreement in duplicate originals
at Baytown, Harris County, Texas.
CITY OF BAY WN
GARY JAC 0 , City Manager
ATTEST:
gtit
GA Y W. SMITH, City Clerk
APPROVED AS TO FORM:
-41
IGNACIO RAMIREZ, S ity Attorney
CONSULTANT
1 1�
.ture
c�o�-n1 � ZvE Y
Printed Name
V 1( eatAtOLPf'T'
Title
STATE OF TEXAS §
COUNTY OF HARRI& §
-re.?r owl
Before me, Vo,\fir i � '' "^ , the undersigned notary public, on this day
personally appeared Sc�9%, "So Li , the V i cd)._ Rr.a.s'SR.,* of Halff
Associates, Inc., on behalf of such corporation
✓ known to me;
proved to me on the oath of ; or
Consulting Services Agreement,Page 12
proved to me through his/her 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}
(check one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this $ day of Pry 9 rI ( , 2004.
Notary Public in and for the State of
Texas
My commission expires: Z•? 0 J
p""3""""'"'-:90Brititi, VALERIA OWEN
otablicSTATE OF TEXAS
omm.Exp. 02/03/07
F:\Karen\Files\Contracts\Floodplain Hazard Mitigation Plan\FloodplainHazardMitigationPlan.doc
Consulting Services Agreement,Page 13
• EXHIBIT "A"
SCOPE OF WORK
Consultant shall develop the Floodplain Hazard Mitigation Plan, which shall comply with the
guidelines of the Flood Mitigation Assistance ("FMA") Program, the National Flood Insurance
Program ("NFIP"), Texas Water Development Board ("TWDB"), and the Community Rating
System ("CRS") Coord. Manual. The plan shall identify all flood hazards within the City and
provide an action plan for mitigation of existing hazards including repetitive loss properties. In
addition the plan will provide the necessary guidance for addressing future development. The
Consultant shall provide five (5) bound copies of the final plan if a format acceptable to the City
and shall provide one electronic version of the same in a format acceptable to the City.
Consultant shall utilize the 10-step process from FEMA's CRS Program to guide the proposed
FMA Plan Process, which include:
Step 1: Organize to prepare the plan
➢ Coordinate the proposed planning effort with the City's Project Manager.
➢ Clearly identify the proposed plan product and milestones.
➢ Identify TWDB and CRS requirements.
> Prepare schedule.
➢ Mitigation Committee Meeting No. 1.
Step 2: Involve the public*
> Documents will be prepared to brief the public at future council meetings
to involve the public in the planning process and to establish a method for
the public to provide input into the planning process.
➢ A Floodplain Management Plan Questionnaire will be prepared that can be
distributed to the public either by direct mail or distributed at council
meetings.
> Mitigation Committee Meeting No. 2.
Step 3: Coordinate with other agencies
> Notify other agencies and request input.
➢ Coordinate and itemize the coordination efforts so it can be incorporated
into the current routine of the City's coordination activities with the Harris
County Flood Control District, the Association of Municipal Consulting
Engineers ("ACME"), the Houston Galveston Area Council ("HGAC"),
the Harris County Flood Control Task Force and others.
Step 4: Risk assessment
> Initiate TWDB and CRS Procedures
> Incorporate previous City CRS assessments and other hazards information
® that may be available.
> Mitigation Committee Meeting No. 3
Exhibit"A"Page 1
Step 5: Vulnerability analysis
> Assess the problem and specifically identify critical facilities and impacts.
> Incorporate the risk assessment information available from TxDEM,
FEMA, HGAC and others.
> Mitigation Committee Meeting No. 4
Step 6: Set goals
> Set goals and establish a schedule for the Plan including TWDB-FMA
Plan requirements and future improved CRS rating.
Step 7: Review possible mitigation strategies
> Summarize Harris County Emergency Operations Center and
TRANSTAR activities that meet the objectives of the CRS Floodplain
Management Plan requirements.
> Explore similar Chambers County activities.
> Review the City's Flood Damage Prevention Ordinance and make
recommendations for improvements.
Step 8: Draft the flood mitigation plan
> Draft an action plan based upon the CRS requirement to address a
minimum of two of the required six categories:
o Preventative activities
o Property protection
o Natural resource protection
o Emergency services
o Structural support
o Public information
> Summarize the planning effort to address all TWDB requirements.
> Submit draft plan to TWDB/ISO/DEM/Other Agencies.
> Mitigation Committee Meeting No. 5.
> Coordinate with TWDB for plan review.
> Public Meeting.
> Revise the Plan with TWDB Comments
Step 9: Adopt the plan and submit to the TWDB
> Make recommendations on procedures to adopt the plan meeting TWDB
contract deadlines.
> Prepare a schedule of activities leading to council approval of the plan and
future activities.
Implement, Evaluate and Revise the Plan (over a five-year period)
Step 10: p Y
> Develop the City's procedures to implement, evaluate, monitor and revise
the plan on an annual basis and incorporate into other plans and programs
over a five-year period.
Y
> Mitigation Committee Meeting No. 6
Exhibit"A"Page 2
• Consultant shall ensure that the 10-step planning process tracks the TWDB FMA Plan
requirements and the completed plan contains documentation related to each requirement.
* Public involvement
> Consultant shall address the public involvement activities on three levels.
o Level 1: The Flood Mitigation Planning Committee ("Mitigation Committee")
• The City of Baytown and the project team will identify the
influential representatives ("Stakeholders") needed to best meet the
goals of the project. Once identified, these representatives will be
asked to participate in committee meetings and in one-on-one
interviews, as needed, to gather, their ideas and thoughts for FMA
guidelines and for communication strategies for each of their
entities. The interviews accomplish shall accomplish the following
two objectives:
• to gather information regarding each entities thoughts on
key concerns and
• to ensure that each entity is personally involved in the
outcome of the plan.
o Level 2: Local community and interest groups
• Local meetings with City and Counties departments and interest
groups such as HCFCD, HGAC, HGSCD, major industry,
profession associations and chambers of commence will be held to
educate and to gain additional information.
• Presentations at seminars and workshops such as Public Works
Roundup, as well as key questionnaires and other information
gather venues may be utilized.
• Consultant will work closely with all related divisions particularly
the City of Baytown's Public Works Department, CRS
Coordinator and Floodplain Management Staff to ensure
coordination and critical elements of the project are covered.
o Level 3: The general public
• Consultant will develop a public outreach process that fosters
participation and that shall include:
• public announcements, advertising and media outlets
• mitigation plan questionnaires distributed via newspaper,
website, direct mailing and public meetings,
• public outreach workshops and public meetings
• NFIP, FMA and emergency training
• public awareness initiative campaigns, and
• web-based plans.
• Consultant will work closely with the City's already developed
public programs in providing website and web-based mitigation
• plans that can be quickly accessed.
Exhibit"A"Page 3
•
111/ EXHIBIT `B"
SCHEDULE AND COMPENSATION FOR MILESTONES
m
-
Copletion,. Compensation
• Step • 1Vlilestone .. •= foi Milestone
. :
•
„: : . K- Not-to-exceed,-•1
1 Organize to prepare April 30,2004 $ 3,805.00
2 Involve the public May 28,2004 $ 2,540.00 1
3 Coordinate with other agencies June 18,2004 $ 2,000.00 1
4 Risk assessment July 16,2004 I $ 6,050.00
5 Vulnerability analysis August 6, 2004 $ 4,300.00
6 Set goals August 20,2004 $ 2,180.00 1
7 Review possible mitigation strategies August 27, 2004 $ 3,008.00
8 Draft the flood mitigation plan September 30,2004 $ 14,480.00 1
9 Adopt the plan and submit to the TWDB October 14, 2004 $ 1,050.00 1
10 Implement, Evaluate and Revise the Plan(over a November 19, 2004 $ 3,707.00
five-year period)
TOTAL $43,120.00 ,
•
Exhibit"B"Page Solo
• EXHIBIT "C"
FEE SCHEDULE
Services required under this Agreement shall be . a fee not to exceed FORTY-THREE
THOUSAND ONE HUNDRED TWENTY AND NO/100 DOLLARS ($43,120.00), based upon
the standard hourly rates detailed hereinbelow and reimbursable expenses as described herein.
RATE SCHEDULE
Position -Rate ,µ,,
I 1
I 1
I 1
I �
Reimbursable expenses shall not exceed FOUR THOUSAND ONE HUNDRED EIGHTY AND
NO/100 DOLLARS ($4,180.00). Such expense shall be the project-related expenses actually
incurred by the Consultant and shall be compensated by the City at actual costs multiplied by a
factor of 1.10. All expenses associated with meals and lodging must be approved in writing by
the City prior to the Consultant incurring any expense associated therewith; otherwise, the parties
hereto agree and understand that the City shall not be liable and the Consultant shall not make a
claim against the City for any such expenses.
•
Exhibit"C"Page Solo