Ordinance No. 11,500 ORDINANCE NOC . 11,500
AN ORDINANCE OF"I"I'll", CITY COUNCII.,,OFTFIE' CITY C 4` 13AYT OWN, TEXAS,
AUTHORIZING AND DIRF.CTIN(I 'I-IIE CITY MANAGE'R TO EXECUTE AND
THE' CITY CLERK TO ATTESTTO A PROFTSSIONAI., SI',`1RVICF1'S AGREAL-MEN"I"
WITH POST, BUCKLEY, SCHU]I, & JERNIGAN, INC., 17OR THf-, 13AKEIZ ROAD
FIXTE'NSION I1ROlF'C'F; AUTI JORIZING PAYMENT" BYTHU" CITY OF BAYTOWN
IN AN AMOUNT NOT TO F.XCEFIB SIX IJU N DR FJ) TH I R'FY THOU SAN D SIXTY-
ON)" AND NO/100 DOLLARS ($63,0,061.00); MAKING OTHEIR PROVISIONS
izELATE'D THERETO ; AND PROVIDING I"ORTHE' F Fl'ECTI V F DATETHEREOF.
l3l,' ITORDAINED FlYTHI." CITY COUNCIL, OF THE CITY OF" BAYTOWN,11"IXAS:
Section 1: That the City Council of the City of' Baytown, Texas, hereby authorizes and
directs the City Manager to executcand the City Clerk to attest to as professional servicesagrcement with
Post, Buckley, Schuh, & Jernigan, Inc., flor the Baker Road FIxtension Project. A copy of'said agreenlent
is attached hereto, marked Exhibit -A,"and made part hereof for all intents and purposes,
Section 2: That (lie ("'"ity Council of the City of Baytown authorizes payment to Post,
Buckley, Schuh, & Jernigan, Ine., in an amount not to exceed SIX HUNDRED THIRTY THOUSAND
SIXTY-ONI" AND NO/100 DOLLARS ($630,06L00) For professional en,,ineering services in
accor(kince %villi the contract.
Seeflon 3: 'rhat the City Manager is hereby granted general kUthority to approve a decrease
or an increase in costs by ,rwt NTY-FIVE, Tl IOUSAND AND NO /100 DOLLARS ($25,0(I0.00) or less,
provided flia( the aniount authoilzed in Section 2 licreofmay not be increased by morc than twenty-five
percent (25%).
Section 4: "I'llis ordinance shall take effiect immediately from and after its passage by the
City Council ofthe City of Baytown,
INTRODUCED, READ and PASSED by the affirmative vote oftli'v ity Council of the City of,
BaytoNvn this tile 23'd day ofNoveniber, 20 10,
-GOWN,
S Tl mayor
it C 11�r
APPROW.'DASTOFOIR11
4?.
AC,10 RAMIRI-1`4 SR,, 1 Attorney
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONSULTANT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT effective as of 4;qday of!! ,2010("Effective Date").
Between
City of Baytown("OWNER")
and
Post,Buckley, Schuh, &Jernigan,Inc. ("CONSULTANT")
OWNER intends to contract to provide professional engineering design and consulting services related to the Baker
Road Extension from N. Main to Crosby-Cedar Bayou Road and Sjolander ("Project"). The Project entails the
design and ultimate construction of a new roadway approximately 1.5 miles in length and includes the
reconfiguration of intersections at Crosby-Cedar Bayou Road and Sjolander. The new concrete curb-and-gutter
roadway will consist of four-lane and five-lane sections with intermittent raised medians, sidewalks, storm sewers,
and illumination. The project will also include storm water detention facilities intended to be coordinated with the
OWNER'S Comprehensive Drainage Plan and to accommodate future development in the service area.
OWNER and CONSULTANT in consideration of their mutual covenants as set forth herein agree as follows:
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 1 of 12
TABLE OF CONTENTS page
ARTICLE 1 -SERVICES OF CONSULTANT.................................................................................................................3
1.01 Scope.................................................................................................................................................................3
ARTICLE 2-OWNER'S RESPONSIBILITIES................................................................................................................3
2.01 General..............................................................................................................................................................3
ARTICLE 3-TIMES FOR RENDERING SERVICES......................................................................................................3
3.01 General..............................................................................................................................................................3
3.02 Suspension.........................................................................................................................................................3
ARTICLE 4-PAYMENTS TO CONSULTANT...............................................................................................................3
4.01 Methods of Payment for Services and Reimbursable Expenses of CONSULTANT.....................................3
4.02 Other Provisions Concerning Payments...........................................................................................................3
ARTICLE5-OPINIONS OF COST...................................................................................................................................4
5.01 Opinions of Probable Construction Cost.........................................................................................................4
5.02 Designing to Construction Cost Limit.............................................................................................
5.03 Opinions of Total Project Costs.......................................................................................................................4
ARTICLE 6-GENERAL CONSIDERATIONS................................................................................................................4
6.01 Standards of Performance.................................................................................................................................4
6.02 Authorized Project Representatives..................................................................................................................5
6.03 Design without Construction Phase Services...................................................................................................5
6.04 Use of Documents.............................................................................................................................................6
6.05 Insurance............................................................................................................................................................6
6.06 Termination.......................................................................................................................................................6
6.07 Controlling Law................................................................................................................................................7
6.08 Successors,Assigns,and Beneficiaries............................................................................................................7
6.09 Dispute Resolution............................................................................................................................................7
6.10 Hazardous Environmental Condition...............................................................................................................7
6.11 Allocation of Risks............................................................................................................................................8
6.12 Notices...............................................................................................................................................................8
6.13 Survival..............................................................................................................................................................8
6.14 Severability........................................................................................................................................................8
6.15 Waiver...............................................................................................................................................................8
6.16 Headings............................................................................................................................................................8
ARTICLE7- DEFINITIONS.............................................................................................................................................8
7.01 Defined Terms..................................................................................................................................................8
ARTICLE 8-EXHIBITS AND SPECIAL PROVISIONS............................................................................................... 11
8.01 Exhibits Included............................................................................................................................................. 11
8.02 Total Agreement.............................................................................................................................................. 11
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 2 of 12
ARTICLE 1 -SERVICES OF CONSULTANT CONSULTANT causes or contributes to the delay or
suspension, CONSULTANT shall have no right to seek
additional compensation.
1.01 Scope
ARTICLE 4-PAYMENTS TO CONSULTANT
A. CONSULTANT shall provide the Basic and
Additional Services set forth herein and in Exhibit A.
4.01 Methods of Payment for Services and
B. (modified)Upon issuance of a notice to proceed by Reimbursable Expenses of CONSULTANT
the OWNER, CONSULTANT is authorized to begin Basic
Services as set forth in Exhibit A. A. For Basic Services. OWNER shall pay
CONSULTANT for Basic Services performed or furnished
C.(Deleted). under Exhibit A,Part 1,as set forth in Exhibit C.
ARTICLE 2-OWNER'S RESPONSIBILITIES B. For Additional Services. OWNER shall pay
CONSULTANT for Additional Services performed or
famished under Exhibit A,Part 2,as set forth in Exhibit C.
2.01 General
C.(Modified) For Reimbursable Expenses. In
A. OWNER shall have the responsibilities set forth addition to payments provided for in paragraphs 4.0I.A and
herein and in Exhibit B. 4.01.13,OWNER shall pay CONSULTANT for Reimbursable
Expenses incurred by CONSULTANT and
CONSULTANT's Consultants as set forth in Exhibit C.
ARTICLE 3-TIMES FOR RENDERING SERVICES However, all expenses associated with meals and lodging
must be approved in writing by OWNER prior to
CONSULTANT incurring any expense associated therewith;
3.01 General otherwise, the parties hereto agree and understand that
OWNER shall not be liable and CONSULTANT shall not
A. (Modified) CONSULTANT's services and make a claim against OWNER for any such expenses.
compensation under this Agreement have been agreed to for
the design of the Project together with other services specified 4.02 Other Provisions Concerning Payments
in Exhibit A. CONSULTANT's obligation to render services
hereunder will be for whatever period necessary for the final A. Preparation of Invoices. Invoices will be prepared
completion of said services. in accordance with OWNER's standard processing practices
and will be submitted to OWNER monthly via mail or email
B. (Deleted). by CONSULTANT, unless otherwise agreed.
CONSULTANT shall supply detailed back-up information
C. (Modified)For purposes of this Agreement the term along with each invoice in order for the OWNER to
day"means a calendar day of 24 hours. effectively evaluate the fees and charges. The amount billed
in each invoice will be calculated as set forth in Exhibit C.
3.02 Suspension
B.(Modified) Payment of Invoices. Invoices are due
A.(Deleted) and payable within 30 days after the receipt of the invoice and
the necessary backup information. If OWNER fails to make
B. (Modified) If CONSULTANT's services are any payment due CONSULTANT for services and expenses
delayed or suspended in whole or in part by OWNER, within 30 days after receipt of CONSULTANT's invoice and
CONSULTANT may be entitled to equitable adjustment of the required backup documentation therefor,the amounts due
rates and amounts of compensation provided for elsewhere in CONSULTANT will accrue interest at the rate set forth in
this Agreement to reflect, reasonable costs incurred by Section 2251.025 of the Texas Government Code (or the
CONSULTANT in connection with, among other things, maximum rate of interest permitted by law, if less) after the
such delay or suspension and reactivation and the fact that the 30th day. CONSULTANT may after giving seven days'
time for performance under this Agreement has been revised, written notice to OWNER suspend services under this
unless such delay or suspension is caused in whole or in part Agreement until CONSULTANT has been paid in full all
by the CONSULTANT,its officers,agents,or employees. If amounts due for services,expenses,and other related charges.
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Between Owner and Engineer for Professional Services
Page 3 of 12
•
However, it is expressly understood and agreed that CONSULTANT under this Agreement, and the
CONSULTANT will not charge any interest or penalty as set CONSULTANT waives any recourse therefor.
forth herein on any portion of an invoice that is disputed
and/or withheld in accordance with paragraph 4.02 and that ARTICLE 5-OPINIONS OF COST
CONSULTANT will not suspend services under the
agreement on account of a disputed invoice or on account of
monies withheld. All payments will be credited first to 5.01 Opinions of Probable Construction Cost
principal and then to interest.
C. Disputed Invoices In the event of a disputed or A. CONSULTANT's opinions of probable
Construction Cost provided for herein are to be made on the
contested invoice, only that portion so contested may be
withheld from payment, and the undisputed portion will be basis of CONSULTANT's experience and qualifications and
paid. represent CONSULTANT's best judgment as an experienced
and qualified professional generally familiar with the
industry. However, since CONSULTANT has no control
D. Payments Upon Termination. In the event of any
over the cost of labor, materials, equipment, or services
termination under section 6.06, CONSULTANT will be furnished by others, or over the Contractor's methods of
entitled to invoice OWNER and will be paid in accordance determining prices, or over competitive bidding or market
with Exhibit C for all services performed or furnished and all conditions, CONSULTANT cannot and does not guarantee
Reimbursable Expenses incurred through the effective date of that proposals,bids,or actual Construction Cost will not vary
termination provided all instruments of service have been from opinions of probable Construction Cost prepared by
tendered to the OWNER. CONSULTANT. If OWNER wishes greater assurance as to
2.(Deleted) probable Construction Cost, OWNER shall employ an
mdependent cost estimator as provided in Exhibit B.
E.(Modified) Records of CONSULTANT'S Costs. 5.02 Designing to Construction Cost Limit
Records of CONSULTANT's costs pertinent to
CONSULTANT's compensation under this Agreement shall A. (Deleted).
be kept in accordance with generally accepted accounting
practices. Copies of such records will be made available to 5.03 Opinions of Total Project Costs
OWNER upon request at no cost to OWNER.
F Legislative Actions. In the event of legislative A. (Deleted)
actions after the Effective Date of the Agreement by any level ARTICLE 6-GENERAL CONSIDERATIONS
of government that impose taxes, fees, or costs on
CONSULTANT's services or other costs in connection with
this Project or compensation therefor,such new taxes,fees,or 6.01 Standards of Performance
costs shall be invoiced to and paid by OWNER as a
Reimbursable Expense to which a Factor of 1.0 shall be A. (Modified) The standard of care for all professional
applied. Should such taxes, fees, or costs be imposed, they engineering and related services performed or furnished by
shall be in addition to CONSULTANT's estimated total CONSULTANT under this Agreement will be the care and
compensation.
skill ordinarily used by members of CONSULTANT's
profession practicing under similar circumstances at the same
G. (Added) Indebtedness. If CONSULTANT, at any time and in the same locality.
time during the term of this agreement, incurs a debt,as the
word is defined in section 2-662 of the Code of Ordinances B. (Modified)CONSULTANT shall be responsible for
of the City of Baytown, it shall immediately notify the the technical accuracy of its services and documents resulting
OWNER's Director of Finance in writing. If the OWNER's therefrom, and OWNER shall not be responsible for
Director of Finance becomes aware that the discovering deficiencies therein. CONSULTANT shall
CONSULTANT has incurred a debt, the OWNER's correct such deficiencies without additional compensation
Director of Finance shall immediately notify the except to the extent such action is directly attributable to
CONSULTANT in writing. If the CONSULTANT does deficiencies in OWNER-furnished information upon which
not pay the debt within 30 days of either such notification, CONSULTANT is authorized to rely as provided in Section
the OWNER's Director of Finance may deduct funds in an 6.01.E.
amount equal to the debt from any payments owed to the
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Between Owner and Engineer for Professional Services
Page 4 of 12
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C. CONSULTANT shall perform or furnish
professional engineering and related services in all phases of I. Dunng the Construction Phase, CONSULTANT
the Project to which this Agreement applies. shall not supervise, direct, or have control over Contractor's
CONSULTANT shall serve as OWNER's prime professional work, nor shall CONSULTANT have authority over or
for the Project. CONSULTANT may employ such responsibility for the means,methods,techniques, sequences,
CONSULTANT's Consultants as CONSULTANT deems or procedures of construction selected by Contractor, for
necessary to assist in the performance or furnishing of the safety precautions and programs incident to the Contractor's
services. CONSULTANT shall not be required to employ work in progress,nor for any failure of Contractor to comply
any CONSULTANT's Consultant unacceptable to with Laws and Regulations applicable to Contractor's
CONSULTANT. furnishing and performing the Work.
D. CONSULTANT and OWNER shall comply with J.(Modified)CONSULTANT neither guarantees the
applicable Laws or Regulations and OWNER-mandated performance of any Contractor nor assumes responsibility for
standards. This Agreement is based on these requirements as any Contractor's failure to furnish and perform the Work in
of its Effective Date. Changes to these requirements after the accordance with the Contract Documents. However,nothing
Effective Date of this Agreement may be the basis for contained in this paragraph shall be construed so as to absolve
modifications to OWNER's responsibilities or to CONSULTANT from liability for any such failure about
CONSULTANT's scope of services,times of performance,or which CONSULTANT knew or should have known existed
compensation. in the exercise of CONSULTANT's services under this
Agreement.
E.(Modified) OWNER shall be responsible for, and
CONSULTANT may rely upon, the accuracy and K (Modified) CONSULTANT shall not be responsible
completeness of all requirements, programs, instructions, for the acts or omissions of any Contractor(s), subcontractor
reports,data,and other information furnished by OWNER to or supplier,or of any of the Contractor's agents or employees
CONSULTANT pursuant to this Agreement,unless expressly or any other persons (except CONSULTANT's own
stated or communicated otherwise by OWNER. employees and its consultants for which it is legally liable)at
CONSULTANT may use such requirements, reports, data, the Site or otherwise furnishing or performing any of the
and information in performing or furnishing services under Contractor's work; or for any decision made on
this Agreement. mterpretations or clarifications of the Contract Documents
given by OWNER without consultation and advice of
F. OWNER shall make decisions and carry out its other CONSULTANT
responsibilities m a timely manner and shall bear all costs
incident thereto so as not to delay the services of L (Modified) The General Conditions for any
CONSULTANT. construction contract documents prepared hereunder are to be
the Standard Form of Agreement between Owner and
G. Prior to the commencement of the Construction Contractor and as approved by OWNER in writing.
Phase, OWNER shall notify CONSULTANT of any
variations from the language indicated in Exhibit E, "Notice 6.02 Authorized Project Representatives
of Acceptability of Work," or of any other notice or
certification that CONSULTANT will be requested to provide A. Contemporaneous with the execution of this
to OWNER or third parties in connection with the Project. Agreement, CONSULTANT and OWNER shall designate
OWNER and CONSULTANT shall reach agreement on the specific individuals to act as CONSULTANT's and
terms of any such requested notice or certification, and OWNER's representatives with respect to the services to be
OWNER shall authorize such Additional Services as are performed or furnished by CONSULTANT and
necessary to enable CONSULTANT to provide the notices or responsibilities of OWNER under this Agreement. Such
certifications requested. individuals shall have authority to transmit mstructions,
receive information, and render decisions relative to the
H. (Modified) CONSULTANT shall not be required to Project on behalf of each respective party.
sign any documents, no matter by whom requested, that
would result in CONSULTANT's having to certify, 6.03 Design without Construction Phase Services
guarantee or warrant the existence of conditions whose
existence CONSULTANT cannot ascertain; provided, that (Deleted)
CONSULTANT has exercised due diligence and was not
otherwise required to certify, guarantee or warrant the
existence of such conditions.
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 5 of 12
. .
procedures within 60 days, after which the receiving party
6.04 Use of Documents shall be deemed to have accepted the data thus transferred.
The party delivering the electronic files will correct any errors
A. (Modified) Upon execution of this Agreement, the detected within the 60-day acceptance period.
CONSULTANT grants to the OWNER an ownership interest CONSULTANT shall not be responsible to maintain
in the Instruments of Service. The CONSULTANT shall documents stored in electronic media format after acceptance
obtain similar interests from the OWNER and the by OWNER.
CONSULTANT's consultants consistent with this
Agreement. Within seven days of any termination or E. When transfemng documents in electronic media
expiration of this Agreement, the CONSULTANT shall be format,CONSULTANT makes no representations as to long-
required to tender to OWNER all Instruments of Service; term compatibility, usability, or readability of documents
provided OWNER has paid all monies, excluding any resulting from the use of software application packages,
disputed amount, due and owing to CONSULTANT in operating systems,or computer hardware differing from those
accordance with this Agreement. With such ownership used by CONSULTANT at the beginning of this Project.
interest, it is expressly understood by the parties hereto that
the OWNER may use the Instruments of Service for any F. (Modified) Any use of the Documents on any
purposes which the OWNER sees fit, including, but not extension of the Project or on any other project shall be at
limited to, subsequent construction,reconstruction,alteration, OWNER's sole risk and OWNER hereby releases
and/or repairs of the Project. As a condition to the OWNER's CONSULTANT from any liability associated solely with the
use of the Instruments of Service, the OWNER hereby reuse of the Documents.
expressly agrees to remove the CONSULTANT's name and
all references to the CONSULTANT,and its consultants from G. If there is a discrepancy between the electronic files
the Documents. The OWNER hereby releases any and all and the hard copies,the hard copies govern.
claims which the OWNER could make arising out of or in
connection with any reuse of the documents by the OWNER. H. Any verification or adaptation of the Documents for.
This release of claims for the matters covered in this extensions of the Project or for any other project will entitle
Paragraph 6 04 A shall be for the benefit of the CONSULTANT to further compensation at rates to be agreed
CONSULTANT, its officers, and employees and sub- upon by OWNER and CONSULTANT.
consultants,as well as their successors and assigns.
6.05 Insurance
B. (Modified) Copies of OWNER-furnished data that
may be relied upon by CONSULTANT are limited to the A. CONSULTANT shall procure and maintain
printed copies that are delivered to CONSULTANT pursuant insurance as set forth in Exhibit G,"Insurance."
to Exhibit B unless otherwise expressly stated or
communicated by OWNER. Files in electronic media format B. Not used.
of text,data, graphics, or of other types that are furnished by
OWNER to CONSULTANT are only for convenience of C. Not used.
CONSULTANT. Any conclusion or information obtained or
derived from such electronic files will be at the user's sole D. Not used.
nsk.
E. Not used.
C. Copies of Documents that may be relied upon by
OWNER are limited to the printed copies(also known as hard F. At any time, OWNER may request that
copies) that are signed or sealed by the CONSULTANT. CONSULTANT, at OWNER's sole expense, provide
Files in electronic media format of text, data, graphics, or of additional insurance coverage, mcreased limits, or revised
other types that are furnished by CONSULTANT to OWNER deductibles that are more protective than those specified in
are only for convenience of OWNER. Any conclusion or Exhibit G. If so requested by OWNER,with the concurrence
information obtained or derived from such electronic files of CONSULTANT, and if commercially available,
will be at the user's sole risk. CONSULTANT shall obtain and shall require
CONSULTANT's Consultants to obtain such additional
D. Because data stored in electronic media format can insurance coverage,different limits,or revised deductibles for
deteriorate or be modified inadvertently or otherwise without such periods of time as requested by OWNER,and Exhibit G
authorization of the data's creator, the party receiving will be supplemented to incorporate these requirements.
electronic files agrees that it will perform acceptance tests or
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Between Owner and Engineer for Professional Services
Page 6 of 12
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6.06 Termination without limitation, moneys that are due or may become due)
in this Agreement without the written consent of the other,
A.(Modified) The obligations hereunder may be except to the extent that any assignment, subletting, or
terminated: transfer is mandated or restricted by law. Unless specifically
stated to the contrary in any written consent to an assignment,
1. For cause, no assignment will release or discharge the assignor from any
duty or responsibility under this Agreement.
a. (Modified) By either party upon 30 days written
notice in the event of failure by the other party to perform in C. Unless expressly provided otherwise m this
accordance with the terms hereof through no fault of the Agreement:
terminating party;or
1. Nothing in this Agreement shall be construed to
b. By CONSULTANT upon seven days written notice create, impose, or give rise to any duty owed by
if CONSULTANT is being requested by OWNER to furnish OWNER or CONSULTANT to any Contractor,
or perform services contrary to CONSULTANT's Contractor's subcontractor, supplier, other individual or
responsibility as a licensed professional. entity,or to any surety for or employee of any of them.
c. Notwithstanding the foregoing, this Agreement will 2. All duties and responsibilities undertaken
not terminate as a result of such substantial failure if the party pursuant to this Agreement will be for the sole and
receiving such notice begins, within seven days of receipt of exclusive benefit of OWNER and CONSULTANT and
such notice, to correct its failure to perform and proceeds not for the benefit of any other party. The OWNER
diligently to cure such failure withm no more than 30 days of agrees that the substance of the provisions of this
receipt thereof, provided, however, that if and to the extent paragraph 6.08.0 shall appear in the Contract
such substantial failure cannot be reasonably cured within Documents.
such 30 day period,and if such party has diligently attempted
to cure the same and thereafter continues diligently to cure the 6.09 Not Used.
same then the cure period provided for herein shall extend up
to, but in no case more than 60 days after the date of receipt 6.10 Hazardous Environmental Condition
of the notice.
A. OWNER represents to CONSULTANT that to the
2. For convenience by OWNER effective upon the best of its knowledge a Hazardous Environmental Condition
receipt of notice by CONSULTANT. does not exist.
B. Not used. B.(Modified) OWNER has disclosed to the best of
its knowledge and belief to CONSULTANT the existence of
6.07 Controlling Law all Asbestos, PCB's, Petroleum, Hazardous Waste, or
Radioactive Material located at or near the Site, including
A. This Agreement is to be governed by the law of the type,quantity and location.
state in which the Project is located.
C.(Modified) If a Hazardous Environmental
6.08 Successors,Assigns,and Beneficiaries Condition is encountered or alleged, CONSULTANT shall
have the obligation to notify OWNER on or before the next
A. OWNER and CONSULTANT each is hereby bound busmess day of the same.
and the partners, successors, executors, administrators and
legal representatives of OWNER and CONSULTANT (and D. It is acknowledged by both parties that
to the extent permitted by paragraph 6.08.B the assigns of CONSULTANT's scope of services does not include any
OWNER and CONSULTANT)are hereby bound to the other services related to a Hazardous Environmental Condition. In
party to this Agreement and to the partners, successors, the event CONSULTANT or any other party encounters a
executors, administrators and legal representatives (and said Hazardous Environmental Condition, CONSULTANT may,
assigns) of such other party, in respect of all covenants, at its option and without liability for consequential or any
agreements and obligations of this Agreement. other damages, suspend performance of services on the
portion of the Project affected thereby until OWNER: (i)
B. Neither OWNER nor CONSULTANT may assign, retains appropriate specialist consultant(s) or contractor(s) to
sublet, or transfer any rights under or interest(including, but identify and, as appropriate, abate, remediate, or remove the
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Between Owner and Engineer for Professional Services
Page 7 of 12
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Hazardous Environmental Condition; and (ii) warrants that
the Site is in full compliance with applicable Laws and 6.15 Waiver
Regulations.
A. Non-enforcement of any provision by either party
E. OWNER acknowledges that CONSULTANT is shall not constitute a waiver of that provision, nor shall it
performing professional services for OWNER and that affect the enforceability of that provision or of the remainder
CONSULTANT is not and shall not be required to become an of this Agreement.
"arranger," "operator," "generator," or "transporter" of
hazardous substances, as defined in the Comprehensive 6.16 Headings
Environmental Response,Compensation,and Liability Act of
1990(CERCLA),which are or may be encountered at or near A. The headings used in this Agreement are for general
the Site in connection with CONSULTANT's activities under reference only and do not have special significance.
this Agreement.
ARTICLE 7- DEFINITIONS
F. If CONSULTANT's services under this Agreement
cannot be performed because of a Hazardous Environmental
Condition, the existence of the condition shall justify 7.01 Defined Terms
CONSULTANT'S terminating this Agreement for cause on 30
days notice. A. Wherever used in this Agreement (including the
Exhibits hereto)and printed with initial or all capital letters,
6.11 Allocation of Risks the terms listed below have the meanings indicated, which
are applicable to both the singular and plural thereof:
A. (Modified) Indemnification. See Exhibit K.
1. Addenda--Written or graphic instruments issued
prior to the opening of Bids which clarify, correct, or change
6.12 Notices the Bidding Documents.
A. (Modified) Any notice required under this 2. Additional Services--The services to be performed
Agreement will be in writing, addressed to the appropriate for or furnished to OWNER by CONSULTANT in
party at its address on the signature page and given accordance with Exhibit A,Part 2 of this Agreement.
personally, or by registered or certified mail postage prepaid,
or by a commercial courier service. Additionally, notices 3. Agreement--This "Standard Form of Agreement
may be given via facsimile or by electronic mail if such notice between OWNER and CONSULTANT for Professional
is also given personally, or by registered or certified mail or Services,"including those Exhibits listed in Article 8 hereof.
by a commercial courier service. All notices shall be effective
upon the date of receipt. 4. Application for Payment—The form acceptable to
CONSULTANT which is to be used by Contractor in
6.13 Survival requesting progress or final payments for the completion of its
Work and which is to be accompanied by such supporting
A. (Modified) All express representations, documentation as is required by the Contract Documents.
indemnifications, and limitations of hability included in this
Agreement will survive its completion or termination for any 5. Asbestos--Any material that contains more than one
reason. percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
6.14 Severability United States Occupational Safety and Health Administration.
A. Any provision or part of the Agreement held to be 6. Basic Services--The services to be performed for or
void or unenforceable under any Laws or Regulations shall be furnished to OWNER by CONSULTANT in accordance with
deemed stricken, and all remaining provisions shall continue Exhibit A,Part 1,of this Agreement.
to be valid and binding upon OWNER and CONSULTANT,
who agree that the Agreement shall be reformed to replace 7. Bid—The offer or proposal of the bidder submitted
such stricken provision or part thereof with a valid and on the prescribed form setting forth the prices for the Work to
enforceable provision that comes as close as possible to be performed.
expressmg the intention of the stricken provision.
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Between Owner and Engineer for Professional Services
Page 8 of 12
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8. Bidding Documents--The advertisement or invitation 14. Contract Price--The moneys payable by OWNER to
to Bid,instructions to bidders,the Bid form and attachments, Contractor for completion of the Work in accordance with the
the Bid bond, if any, the proposed Contract Documents, and Contract Documents and as stated in the Construction
all Addenda,if any Agreement.
9. Change Order--A document recommended by 15. Contract Times--The numbers of days or the dates
CONSULTANT,which is signed by Contractor and OWNER stated in the Construction Agreement to.. (i)achieve Final
to authorize an addition, deletion or revision in the Work, or Completion,and(ii)complete the Work so that it is ready for
an adjustment in the Contract Price or the Contract Times, final payment as evidenced by CONSULTANT's written
issued on or after the Effective Date of the Constriction recommendation of final payment.
Agreement.
16. Contractor--An individual or entity with whom
10. Construction Agreement—The written instrument OWNER enters into a Construction Agreement.
which is evidence of the agreement,contained m the Contract
Documents, between OWNER and Contractor covering the 17. Correction Period--The time after Final Completion
Work. during which Contractor must correct,at no cost to OWNER,
any Defective Work,normally one year after the date of Final
11. Construction Contract--The entire and integrated Completion or such longer penod of time as may be
written agreement between the OWNER and Contractor prescribed by Laws or Regulations or by the terms of any
concerning the Work. applicable special guarantee or specific provision of the
Contract Documents.
12 Construction Cost--The cost to OWNER of those
portions of the entire Project designed or specified by 18. Defective--An adjective which, when modifying the
CONSULTANT. Construction Cost does not include costs of word Work, refers to Work that is unsatisfactory, faulty, or
services of CONSULTANT or other design professionals and deficient, in that it does not conform to the Contract
consultants, cost of land, nghts-of-way, or compensation for Documents, or does not meet the requirements of any
damages to properties, or OWNER's costs for legal, inspection, reference standard,test, or approval referred to m
accounting, insurance counseling or auditing services, or the Contract Documents, or has been damaged prior to
interest and financing charges incurred in connection with the CONSULTANT's recommendation of final payment.
Project,or the cost of other services to be provided by others
to OWNER pursuant to Exhibit B of this Agreement. 19. Documents--Data,reports,Drawings,Specifications,
Construction Cost is one of the items comprising Total Record Drawings, and other deliverables, whether in printed
Project Costs. or electronic media format, provided or furnished in
appropriate phases by CONSULTANT to OWNER pursuant
13. (Modified) Contract Documents--Documents that to this Agreement.
establish the rights and obligations of the parties engaged in
construction and include the Construction Agreement 20. Drawings--That part of the Contract Documents
between OWNER and Contractor and all documents prepared or approved by CONSULTANT which graphically
referenced therein, Addenda (which pertain to the Contract shows the scope, extent, and character of the Work to be
Documents), Contractor's Bid (including documentation performed by Contractor. Shop Drawings are not Drawings
accompanying the Bid and any post-Bid documentation as so defined.
submitted prior to the notice of award) when attached as an
exhibit to the Construction Agreement,the notice to proceed, 21. Effective Date of the Construction Agreement--The
the bonds, appropriate certifications, insurance documents date indicated in the Construction Agreement on which it
the General Conditions, the Supplementary Conditions, the becomes effective, but if no such date is indicated, it means
Specifications and the Drawings as the same are more the date on which the Construction Agreement is signed and
specifically identified in the Construction Agreement, delivered by the last of the two parties to sign and deliver.
together with all Written Amendments,Change Orders,Work
Change Directives, Field Orders, and CONSULTANT's 22. Effective Date of the Agreement--The date indicated
written interpretations and clarifications issued on or after the in this Agreement on which it becomes effective, but if no
Effective Date of the Construction Agreement. Approved such date is indicated, it means the date on which the
Shop Drawings and the reports and drawings of subsurface Agreement is signed and delivered by the last of the two
and physical conditions are not Contract Documents parties to sign and deliver.
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 9 of 12
• •
23. CONSULTANT'S Consultants--Individuals or 33. Record Drawings--The Drawings as issued for
entities having a contract with CONSULTANT to furnish construction on which the CONSULTANT,upon completion
services with respect to this Project as CONSULTANT's of the Work, has shown changes due to Addenda or Change
independent professional associates, consultants, Orders and other information which CONSULTANT
subcontractors, or vendors. The term CONSULTANT considers significant based on record documents furnished by
includes CONSULTANT's Consultants. Contractor to CONSULTANT and which were annotated by
Contractor to show changes made during construction.
24. Field Order--A written order issued by
CONSULTANT which directs minor changes in the Work 34. Reimbursable Expenses—The expenses incurred
but which does not involve a change in the Contract Price or directly by CONSULTANT in connection with the
the Contract Times. performing or furnishing of Basic and Additional Services for
the Project for which OWNER shall pay CONSULTANT as
25. Final Completion shall mean that all work has mdicated in Exhibit C.
been completed, all final punch list items have been
inspected and satisfactorily completed, all payments to 35. Resident Project Representative--The authorized
subcontractors have been made, all documentation and representative of CONSULTANT, if any, assigned to assist
warranties have been submitted, all closeout documents CONSULTANT at the Site during the Construction Phase
have been executed and approved by the OWNER, and the The Resident Project Representative will be
Project has been finally accepted by the OWNER. CONSULTANT's agent or employee and under
CONSULTANT's supervision. As used herein, the term
26. General Conditions-That part of the Contract Resident Project Representative includes any assistants of
Documents which sets forth terms,conditions,and procedures Resident Project Representative agreed to by OWNER. The
that govern the Work to be performed or furnished by duties and responsibilities of the Resident Project
Contractor with respect to the Project. Representative are as set forth in Exhibit D.
27. Hazardous Environmental Condition--The presence 36. Samples--Physical examples of materials,
at the Site of Asbestos,PCB's,Petroleum,Hazardous Waste, equipment, or workmanship that are representative of some
or Radioactive Matenals in such quantities or circumstances portion of the Work and which establish the standards by
that may present a substantial danger to persons or property which such portion of the Work will be judged.
exposed thereto in connection with the Work.
37. Shop Drawings--All drawings, diagrams,
28. Hazardous Waste--The term Hazardous Waste shall illustrations, schedules, and other data or information which
have the meaning provided in Section 1004 of the Solid are specifically prepared or assembled by or for Contractor
Waste Disposal Act(42 USC Section 6903)as amended from and submitted by Contractor to CONSULTANT to illustrate
time to time. some portion of the Work.
29. Laws and Regulations; Laws or Regulations--Any 38. Site--Lands or areas indicated in the Contract
and all applicable laws,rules, regulations, ordinances, codes, Documents as being furnished by OWNER upon which the
standards, and orders of any and all governmental bodies, Work is to be performed, nghts-of-way and easements for
agencies,authorities,and courts having jurisdiction access thereto, and such other lands furnished by OWNER
which are designated for use of Contractor.
30 PCB's--Polychlorinated biphenyls.
39 Specifications--That part of the Contract Documents
31. Petroleum--Petroleum, including crude oil or any consisting of written technical descriptions of materials,
fraction thereof which is liquid at standard conditions of equipment, systems, standards, and workmanship as applied
temperature and pressure (60 degrees Fahrenheit and 14.7 to the Work and certain administrative details applicable
pounds per square inch absolute),such as oil,petroleum,fuel thereto.
oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed
with other non-Hazardous Waste and crude oils. 40. Substantial Completion--The time at which the
Work(or a specified part thereof)has progressed to the point
32. Radioactive Materials—Source, special nuclear, or where, in the opinion of CONSULTANT, the Work (or a
byproduct material as defined by the Atomic Energy Act of specified part thereof) is sufficiently complete,in accordance
1954(42 USC Section 2011 et seq.)as amended from time to with the Contract Documents,so that the Work(or a specified
time. part thereof) can be utilized for the purposes for which it is
intended. The terms "substantially complete" and
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 10 of 12
• 11111
"substantially completed"as applied to all or part of the Work A Exhibit A, "CONSULTANT's Services,"consisting
refer to Substantial Completion thereof. of thirteen(13)pages.
41. Supplementary Conditions—That part of the Contract B Exhibit B, "OWNER's Responsibilities," consisting
Documents which amends or supplements the General of two(2)pages.
Conditions.
C. Exhibit C, "Payments to CONSULTANT for
42. (Modified) Total Project Costs--The sum of the Services and Reimbursable Expenses," consisting of two (2)
Construction Cost, allowances for contingencies, the total pages
costs of services of CONSULTANT or other design
professionals and consultants, cost of land, rights-of-way, D. Exhibit D, "Duties, Responsibilities and Limitations
compensation for damages to properties,OWNER's costs for of Authority of Resident Project Representative,"is not used.
legal, accounting, insurance counseling or auditing services,
interest and financing charges incurred in connection with the E. Exhibit E, "Notice of Acceptability of Work,"is not
Project,and the cost of other services to be provided by others used.
to OWNER pursuant to Exhibit B of this Agreement.
F. Exhibit F,"Construction Cost Limit," is not used.
43. Work--The entire completed construction or the
various separately identifiable parts thereof required to be G. Exhibit G,"Insurance,"consisting of two(2) pages.
provided under the Contract Documents with respect to this
Project. Work includes and is the result of performing or H. Exhibit H,"Dispute Resolution,"is not used.
furnishing labor, services, and documentation necessary to
produce such construction and furnishing, installmg, and I. Exhibit I,"Allocation of Risks,"is not used.
incorporating all materials and all equipment into such
construction,all as required by the Contract Documents. J. Exhibit J,"Special Provisions"is not used.
44. Work Change Directive--A written directive to K. (Added) Exhibit K, "Indemnification" consisting of
Contractor issued on or after the Effective Date of the two(2) pages.
Construction Agreement and signed by OWNER upon
recommendation of the CONSULTANT, ordering an 8.02 Total Agreement
addition, deletion, or revision in the Work, or responding to
differing or unforeseen subsurface or physical conditions A. This Agreement (consisting of pages 1 to 12
under which the Work is to be performed or to emergencies. inclusive, together with the Exhibits identified above)
A Work Change Directive will not change the Contract Price constitutes the entire agreement between OWNER and
or the Contract Times but is evidence that the parties expect CONSULTANT and supersedes all prior written or oral
that the change directed or documented by a Work Change understandings. This Agreement may only be amended,
Directive will be incorporated in a subsequently issued supplemented, modified, or canceled by a duly executed
Change Order following negotiations by the parties as to its written instrument. This Agreement along with the exhibits
effect,if any,on the Contract Price or Contract Times. shall be read and construed as the same Agreement.
45. Written Amendment--A written amendment of the
Contract Documents signed by OWNER and Contractor on or
after the Effective Date of the Construction Agreement and
normally dealing with the non-engineering or non-technical
rather than strictly construction-related aspects of the Contract
Documents.
ARTICLE 8 - EXHIBITS AND SPECIAL
PROVISIONS
8.01 Exhibits Included
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 11 of 12
• I
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is
indicated on page 1.
OWNER:CITY OF TOWN CONSULTANT: POST, BUCKLEY, SCHUH, &
JERNIGAN,INC.
Signature: Signature:
bar
Printed Name: Garrison C. back gg,,�� T� �''��` P ��
ItAgmted Name Tracy L.Hill,P.E.
Title: Ci Man Title Vice President
Date Signes19 29d t/ Date Signed t t it(C)
Address for giving notices: Address for giving notices:
P.O.Box 424 1250 Wood Branch Park Drive,Suite 300
Baytown,Texas 77522 Houston,Texas 77079
Designated Representative(paragraph 6.02.A): Designated Representative(paragraph 6.02.A):
Name:Jose A.Pastrana,P.E. Phillip M.Williams,P.E.
Title:Director of Engineering - Title: Project Manager
Phone Number: (281)420-7154 Phone Number: (281)493-5100
Facsimile Number: (281)420-6586 Facsimile Number: (281)493-4598
E-Mail Address: jose.pastrana@baytown.org E-Mail Address: PMWilliamsa,pbsl.com
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 12 of 12
• •
This is EXHIBIT A, consisting of 13 pages,referred to in and
part of the Agreement between 0 1; n �
CONSULTANT for Professional Services date '�(� • 6 (/
Inittal:
OWN ff ����
CONSULTANT /c-�'
CONSULTANT's Services
Article 1 of the Agreement is amended and supplemented to include the followmg agreement of the parties.
CONSULTANT shall provide Basic and Additional Services as set forth below.
PART 1 --BASIC SERVICES(Modified)
A 1.01 Preliminary Design Phase
A. CONSULTANT shall:
1. Consult with OWNER to define and clarify OWNER's requirements for the Project and available data.
2. Advise OWNER as to the necessity of OWNER's providing data or services of the types described in
Exhibit B, which are not part of CONSULTANT's Basic Services, and assist OWNER in obtaining
such data and services.
3. (Modified) Identify, consult with, and analyze requirements of governmental authorities having
jurisdiction to approve the portions of the Project designed or specified by CONSULTANT,including,
but not limited to,mitigating measures identified in the environmental assessment(if any).
4 Identify and evaluate potential solutions available to OWNER; and,after consultations with OWNER,
recommend to OWNER those solutions which in CONSULTANT's judgment meet OWNER's
requirements for the Project.
5. (Modified) Attend meetings with (i) OWNER to receive input mto OWNER'S requirements for the
Project and evaluation of potential solutions available to OWNER and to discuss and finalize design
criteria and acquire pertinent information regarding the Project (ii) OWNER, other agencies, utility
owners,pipelines,railroads,and other affected stakeholders for coordination.
6. (Modified)Perform or provide the following additional Preliminary Design Phase tasks or deliverables:
CONSULTANT will develop layouts, exhibits, plan drawings, and specifications to adequately
describe the preliminary design of overall roadway and drainage improvements. A summary of
investigations, findings, evaluations, and recommendations will be included in technical memoranda
as necessary. Some specific findings and recommendations will be documented in reports to
coordinating and approving agencies such as Harris County Flood Control District. Tasks in the
preliminary design phase will also include the coordination necessary to begin required approval
processes with other agencies, utility owners, pipelines, railroads, and other affected stakeholders.
The roadway and associated storm sewers will be designed with adequate consideration of future
utilities (water, sewer, etc.) in the roadway right-of-way. CONSULTANT will design proposed
roadway and storm sewer features to minimize conditions that would adversely impact the
construction of such utilities in the future in accordance with the OWNER'S current applicable
standards,criteria,and ordinances.
Task 1: Preliminary Roadway Design
Page 1 of 13 Pages
(EXHIBIT A-Scope of Work)
• •
Preliminary roadway design will include development of roadway layouts, typical sections, and
profiles. Roadway elements will be depicted as described below to adequately describe the
preliminary locations of proposed roadway features. Detailed design of roadway features will be
consistent with 50%complete roadway design. This Task shall include the following:
a Preliminary Roadway Engineering
(1) Data Collection
(2) Design Criteria Summary
(3) Existing Conditions
(4) Evaluation of Alternatives
(5) Recommendations
b Warrant Studies for Intersection Control
c. Schematic Roadway Layout
(1) Typical Sections
(2) Existing Topography & Utilities, including development of DTM from topographic
survey data
(3) Horizontal&Vertical Alignments
(4) Locations of new roadways, bridges, retaining walls, sidewalks, and storm sewer
facilities
(5) Direction of traffic flow on all roadways
(6) Location and width of median openings
d. Preliminary Roadway Plan Sheets
(1) Title Sheet&Index
(2) Typical Sections
(3) Plan&Profile(combined Roadway& Storm Sewer)(1"=40')
(4) Intersection Layouts(1"=20')
(5) Traffic Signal Layout(Revisions&additions at North Main)
(6) Signing&Pavement Marking Layouts
(7) Illumination Layout, for continuous lighting along roadway and safety lighting at
intersections within the project
e. Preliminary Roadway Cross-Sections&Earthwork
f. Preliminary Roadway Quantities&Cost Estimates
g. Preliminary Roadway Specifications
Task 2: Preliminary Drainage Design
This roadway project is unique since the City has requested that CONSULTANT design sub-
regional detention facilities to mitigate the peak flow impacts of the Baker Road extension. The
City has also requested that CONSULTANT prepare schematic layouts for the expansion of the
sub-regional detention facilities to mitigate the peak flow impacts of anticipated future
development. To meet the City's request, CONSULTANT shall complete the Preliminary
Drainage Design under the following subtasks:
a. Data Collection
(1) Site Visit
(2) Review available drainage studies,including the City of Baytown
(3) Review available as-built plans
(4) Review data from geotechnical investigations
(5) Develop Hydraulic Design Criteria
CONSULTANT shall implement the concept of sub-regional detention to mitigate the peak
flow impacts of the Baker Road extension, as well as the impacts of selected future
development. Because sub-regional detention facilities have only been identified by OWNER
on a very preliminary level, CONSULTANT must perform an analysis of several proposed
sub-regional detention sites in order to propose sites to OWNER that effectively mitigate
peak flow impacts. CONSULTANT will recommend a location and approximate
configuration for a sub-regional detention facility on the 0105-04-00 and the Q 112-03-00
outfall for the interim and ultimate condition. In addition, CONSULTANT will quantify the
benefits under the interim and ultimate condition of expanding the existing church detention
Page 2 of 13 Pages
(EXHIBIT A-Scope of Work)
• •
site. CONSULTANT will present recommended sub-regional detention alternatives to
OWNER through a technical memorandum. The memorandum will include text, tables,
exhibits and preliminary construction cost estimates for the analyzed detention alternatives.
b. Sub-Regional Detention Pond Alternatives Evaluation
(1) Develop HEC-RAS for 0105-04-00(upstream of Main Street)and for 0105-04-02.
(2) Delineate existing drainage areas and calculate existing sub-basin parameters.
(3) Develop a Revised Existing HEC-HMS model for 0105-04-00&Q112-03-00.
(4) Delineate proposed drainage areas and calculate proposed sub-basin parameters.
(5) Develop a Proposed HEC-HMS model for 0105-04-00 &Q112-03-00. This model will
reflect the Baker Roadway extension without peak flow mitigation.
(6) Simulate one (1) configuration of the Church Detention expansion and quantify the
pond's benefits(peak flow and peak flood stage reduction).
(7) Simulate three (3) offline detention facility alternatives located along 0105-04-00.
Quantify the pond's benefits (peak flow and peak flood stage reduction) to 0105-04-00
for both Baker Road mitigation sites and also for the ultimate development within the
service area of the sub-regional detention basin.
(8) Simulate three (3) offline detention facility alternatives located along Q112-03-00.
Quantify the pond's benefits(peak flow reductions only)to Q112-03-00.
(9) Document the detention alternatives and results in a Technical Memorandum.
Once OWNER approves the preliminary location and configuration of one (1) sub-regional
detention facility on 0105-04-00, one (1) sub-regional detention facility at the Baker Road
outfall to Q112-03-00,and one sub-regional detention configuration for the Church Detention
expansion, CONSULTANT will initiate the Schematic Drainage and Detention Layouts.
CONSULTANT will develop schematic layouts for the Baker Road storm sewer system.
Contributing flow to individual storm sewer components will be determined by preliminary
Rational Method calculations. Storm sewer capacities will be determined through normal
depth calculations. CONSULTANT will refine the sub-regional detention pond locations and
configurations in order to achieve the required sub-regional detention volumes identified
during the Sub-Regional Detention Pond Alternatives task. CONSULTANT will present the
schematic layouts to the City for approval. Upon approval of the schematics,
CONSULTANT will initiate the HCFCD Impact Analysis and the Preliminary Drainage Plan
Production tasks.
c. Schematic Drainage System and Detention Pond Layouts
(1) Delineate existing drainage areas for roadway
(2) Delineate proposed drainage areas for roadway(10 sub-basins)
(3) Calculate weighted C-values for proposed sub-basins, incl 150' development strip (10
sub-basins)
(4) Plot time of concentration for proposed sub-basins(10 sub-basins)
(5) Calculate 5-year event peak flows at 10 locations
(6) Plot preliminary storm sewer profile and estimate sizes based upon normal depth
(7) Develop preliminary layouts for the ultimate configuration of ponds O105B_F &
Q112C_A(Matching Master Plan volume requirements)
(8) Develop preliminary layouts for the interim configuration of ponds O105B_F &
Q112C_A(Assuming rate of 0.55 ac-ft/ac)
(9) Develop preliminary layout for church detention facility
A drainage impact analysis will be submitted to OWNER and to the HCFCD to prove that the
proposed Baker Road extension will not impact the 5-, 10-and 100-year event peak flows of
0105-04-00, 0105-04-02 and Q112-03-00. The report will also present results to show that
the proposed crossing of 0105-04-00 will meet OWNER and HCFCD requirements.
d. HCFCD Impact Analysis
(1) Revise/subdivide effective sub-basins O 105B_F and Q 112C to reflect existing conditions
Page 3 of 13 Pages
(EXHIBIT A-Scope of Work)
• •
(2) Create revised existing HEC-HMS models for the 0105-00-00 and Q100-0000
watershed.(All new routing reaches will utilize the Modified Puls Method)
(3) Develop XPSWMM model for schematic drainage system(2 systems)
(4) Create proposed HEC-HMS models for the 0105-00-00 and Q100-00-00 watershed.
Runoff from the Baker Road extension will be taken from SWMM.
(5) Simulate "Church" detention expansion and quantify residual peak flow impacts from
roadway.
(6) Refine interim detention configurations for O105B_F and Q112C_A to mitigate peak
flow impacts on 0105-04-00 and Q 112-03-00.
(7) Develop HEC-RAS model for approximately 4,000 feet of 0105-04-00
(8) Simulate three(3)versions of a culvert/bridge crossing
(9) Develop Impact Analysis Report
(10)Storm Water Quality Management Plan Summary
e. Preliminary Drainage Plan Production
CONSULTANT will size the proposed roadway storm sewer trunk line to accommodate the
runoff for the 5-year event from the roadway right-of-way and the adjacent 150'development
strip. CONSULTANT will size a cross culvert to convey the 100-year event runoff from
adjacent anticipated future development (future development limits to be determined during
the preliminary drainage design)to the proposed sub-regional detention facility.The City has
also asked that the design of the storm sewer trunk line and the cross culverts for future
development provide adequate consideration of future utilities (water, sewer, etc.) in the
roadway right-of-way and minimize conditions that would adversely impact the
constructability of such utilities in the future. Design of the storm sewer trunk line will
consider the constructability of these utilities.
(1) Existing Overall Drainage Area Map
(2) Proposed Overall Drainage Area Map
(3) Drainage Area Map
(4) Runoff Computations
(5) Preliminary Storm Sewer Hydraulic Data(HouStorm)&SWMM Model
(6) Preliminary Drainage Plan&Profile(combine with Roadway Plan&Profile,2 systems)
(7) Storm Sewer Lateral Profile
(8) Culvert Plan&Profile(Major Crossings)
(9) Bndge Class Culvert Layout
(10)Hydraulic Data Sheet&Discharge Curves
(11)Channel Layout and Sections(Including Earthwork Quantities)
(12)Culvert outfall for conveyance to Q 112-03-00
(13) Interim Detention Pond Layout&Sections(Assumed 3 Detention Ponds)
(14)Extreme Event Overflow Event Structure Detail&Weir Structures
(15)Outfall Structure Details(Inflow to Detention Pond)
(16)Storm Water Pollution Prevention Plan(SW3P)for Interim Detention Ponds
(17)Preliminary SWQMP Summary
(18)Drainage Area Assessment
(19)Identify Applicable SWQ features
(20)Prepare recommendations
(21)SWQMP Plans and Binder
(22)Overall SWQMP Layout
(23)SWQMP Feature(s)details
(24)SWQMP Plan Report
For Task 2, CONSULTANT made the following assumptions concerning the scope of work for
this task:
(1) A LOMC submittal is not included in this scope of work.
(2) OWNER will provide CONSULTANT with anticipated future development patterns for
the sizing of sub-regional detention facilities.CONSULTANT will size each sub-
Page 4 of 13 Pages
(EXHIBIT A-Scope of Work)
• •
regional detention alternative based upon the City's one(1)approved future development
patterns.
(3) During the Sub-Regional Detention Pond Alternatives,CONSULTANT will only
simulate one(1)alternative for the Church Detention expansion under the Ultimate
Development Condition.
(4) During the Sub-Regional Detention Pond Alternatives,CONSULTANT will only
simulate three(3)alternatives for the Q105B_F Detention for both Interim and Ultimate
Development Conditions.
(5) During the Sub-Regional Detention Pond Alternatives,CONSULTANT will only
simulate three(3)alternatives for the Q112C_A Detention for both Interim and Ultimate
Development Conditions.
(6) The proposed Q112-03-00 outfall for the Baker Road extension will not require crossing
under the existing railroad crossing.
(7) Final design will be performed for the interim condition of the Church Detention
expansion,the O105B_F Detention and the Q112C_A Detention.
(8) Schematic layouts will be developed for the assumed ultimate condition of the Q105B_F
Detention and the Q112C_A Detention.
7. (Modified) Prepare a summary report (the "Report") which will contain findings, comparisons of
alternatives,and recommendations for the Project and will include 50%complete plans,specifications.
and estimate (PS&E) package. This report shall include all deliverables referenced hereinabove,
including,but not limited to hard copy of drawings as well as electronic CAD drawings. Plan drawing
submittals will be bound and will be 24" x 26" and will be submitted as a PDF file as well. This
Report will be accompanied by CONSULTANT's opinion of Total Project Costs for each solution
which is so recommended for the Project with each component separately itemized, including the
following, which will be separately itemized: opinion of probable Construction Cost, allowances for
contingencies and for the estimated Total Project Costs. The Report shall include an overall exhibit
showing the Project.
8. Furnish three (3) review copies of the Draft Report to OWNER within one hundred five (105)
calendar days of authorization to begin services and review it with OWNER.
9. Revise the Draft Report in response to OWNER's and other parties' comments, as appropriate, and
furnish thee (3)final copies of the revised Report to the OWNER within ten(10) calendar days after
completion of reviewing it with OWNER.
B. (Modified) CONSULTANT's services under the Preliminary Design Phase will be considered complete on the
date when the final copies of the revised Report has been delivered to and accepted by OWNER.
A1.015 Environmental Reports and Documentation Phase
A. Upon written authorization from OWNER,CONSULTANT shall:
1. Review, document and revise to current standards the items identified in the original ESA for the
Project files.
2. Provide research and documentation for endangered species and cultural resources, which are not
typically provided in a Phase I ESA report but are legal requirements for this Project. These services
will include but not be limited to the following:
Task 3: Records Review
In order to identify prior use and ownership,CONSULTANT will review available historical
aerial photographs.CONSULTANT will also obtain and review the following information,as
available,to assist in identifying existing conditions within the property boundaries
Page 5 of 13 Pages
(EXHIBIT A-Scope of Work)
• •
a. National Wetlands Inventory (NWI) data and color infrared (CIR) aerial photography to
identify potential wetlands within the study area
b Harris County soil survey data
• c. Protected species observation and habitat data obtained from the Texas Parks and Wildlife
Department's (TPWD) Natural Diversity Database System (NDD) and the U.S. Fish and
Wildlife Service(USFWS)
d. 100-year floodplain obtained from Federal Emergency Management Agency (FEMA) flood
insurance rate maps(FIRM)
e. Federal and state lists of recorded historic properties such as the National Register of Historic
Places(NRHP), State Archeological Landmarks,and Official Texas Historic Markers
CONSULTANT will obtain and review the Federal and state environmental agency and local
government agency database records to assess recognized environmental conditions that pose a
potential threat to the study area. The following databases will be obtained for the ASTM-
specified search distances listed below:
kgenQ Database Records 'i)pnoximatc Search Distance
Federal and state-equivalent NPL site lists 1 mile
Federal and state-equivalent CERCLIS lists 0.5 mile
Federal RCRA facilities(including CORRACTS)list 1 mile
Federal ERNS list on/adjacent to study area
State Registered Leaking Underground Storage Tank list 0.5 mile
State Landfill/Solid Waste Disposal Site lists 0.5 mile
State Registered Petroleum Storage Tank list on/adjacent to study area
Local Hazardous Material Spills lists on site
Oil and gas wells on/adjacent to study area
CONSULTANT shall perform a more in depth desktop review of available resources to determine
the presence/absence of wetlands within the study area.This effort includes a literature/aerial map
review of the study area to determine if wetlands are likely to occur within the property
boundaries. This phase of the project is a planning-level phase and the results should not be
construed as actual regulatory boundaries for design or construction: it identifies issues and the
magnitude of those issues to aid in determining regulatory risk. CONSULTANT's approach(per
U S. Army Corps of Engineers [USACE]-Galveston District guidance) is to identify all wetlands
and determine jurisdiction based on proximity to the 100-year floodplain and connections to the
surface tributary system. Although isolated wetlands are not regulated under current policy
implementation strategies of the Clean Water Act(CWA),they are still considered to be valuable
resources by regulatory agencies and oftentimes require mitigation. Additionally, information(as
available) pertainmg to the environmental setting of the study area, including soil and
groundwater quality, geology, surface water, topography, will also be reviewed by
CONSULTANT.
Task 4: Field Verification
a. The field verification and approach for the determination will follow the requirements of the
U.S.Army Corps of Engineers(USACE),Galveston District,as specified by their
Compliance Section. Identification of potential jurisdictional waters of the U S,including
wetlands,will be based upon the routine determination methodology published in the 1987
Corps of Engineers Wetlands Delineation Manual(1987 Manual or Technical Report Y-87-1)
as amended by the USACE memoranda dated 23 and 27 August, 1991,and 6 March, 1992,
and Questions&Answers to the 1987 Manual dated 16 September, 1991,and 7 October,
1991,and the Interim Regional Supplement to the Corps of Engineers Wetland Delineation
Manual•Atlantic and Gulf Coast Region(2008).This methodology includes documentation
of the changes of both wetland and upland communities with representative sample sites.
Page 6 of 13 Pages
(EXHIBIT A-Scope of Work)
•
b. Any identified hazardous matenals sites will be field verified for location accuracy. This
scope of work does not include a Phase I Environmental Site Assessment.The new database
report will be reviewed and field venfied as supplemental documentation with the Phase I
ESA performed on the site in 2003 CONSULTANT will document any potential threatened
and/or endangered species habitat. Should results of the database report result in documented
species within the project area,a supplemental would be required to initiate necessary
consultation with the U.S.Fish and Wildlife Service.
c CONSULTANT shall tender three(3)copies of a letter report documenting the results of the
waters/wetland determination,hazardous materials database search,cultural resources review
and threatened and endangered species habitat evaluation,which will include:
1. Historical information(including USGS quad maps,aerial infrared photography,and soil
surveys)to document historical drainage courses
2. Site photographs
3. Location exhibits on aenal photography
4. Approximate acreage of wetlands identified during the regulatory review and
subsequently verified in the field
5. Approximate acreage of potential jurisdictional areas(all waters of U.S.,including
wetlands)and completed wetland forms
6. Results/Recommendations
The letter report would update and support the original 2003 Phase I ESA with current databases,
maps and files in addition to reviews for threatened and endangered species and cultural
resources, which were not previously covered. If the results and recommendations remain
unchanged from the original ESA and no additional work is required for threatened and
endangered species or cultural resource concerns, the letter report will suffice for legal
documentation.
3. Furnish three (3) copies of the Letter Report to OWNER within forty-five (45) calendar days of
authorization to begin services and review it with OWNER.
C. (Modified) CONSULTANT's services under the Environmental Reports and Documentation Phase will be
considered complete on the date when the final copies of the letter report has been delivered to and accepted by
OWNER.
A 1.02 Final Design Phase
A. Upon written authorization from OWNER,CONSULTANT shall:
1. (Modified) Prepare final Drawings indicating the scope, extent, and character of the Work to be
performed and furnished by Contractor. Specifications will be prepared, where appropnate, m
conformance with the 16-division format of the Construction Specifications Institute or other format
agreed to in wntmg by OWNER and CONSULTANT.
2. Provide technical criteria, written descriptions, and design data for OWNER's use in filing applications
for permits from or approvals of governmental authorities having jurisdiction to review or approve the
final design of the Project and assist OWNER in consultations with appropriate authorities.
3. Advise OWNER of any adjustments to the opinion of probable Construction Cost and any adjustments to
Total Project Costs known to CONSULTANT
4. (Modified) Attend meetings with, participate in conference calls with and prepare presentations for
OWNER and other applicable agencies, utility owners, pipelines, railroads, and other affected
stakeholders to review design details, to discuss and finalize design issues, and to coordinate the
Project.
Page 7 of 13 Pages
(EXHIBIT A-Scope of Work)
• • •
5. Perform or provide the following additional final Design Phase tasks or deliverables:
CONSULTANT will develop plans, specifications, and estimates (PS&E) that will comprise a set of
documents adequate for receiving bids for construction of the proposed roadway and drainage
improvements. Some specific design data will be included as part of continued coordination of report
reviews by approving agencies such as Harris County Flood Control District.Tasks in the final design
phase will also include the continuation of coordination necessary to obtain required approvals from
other agencies, utility owners, pipelines railroads, and other affected stakeholders. The final PS&E
will recognize that the project consists of two phases: Phase 1, from North Main to east of Barkaloo,
and Phase 2, from east of Barkaloo to Crosby-Cedar Bayou Road and Sjolander. This distinction will
be made accordingly on the plan sheets and in the cost estimates. The final bid and construction
documents will include the PS&E and all required bid forms,and alternate bid forms will be provided
for construction work included as part of Phase 2
Task 5: Final Roadway Design
a. Final Roadway Plans
(1) Title Sheet,Index,and General Notes
(2) Project Layout&Overview
(3) Typical Sections
(4) Horizontal Alignment Data
(5) Plan&Profile Sheets(combined Roadway&Storm Sewer)(1"=40')
(6) Intersection Layouts(1"=20')
(7) Roadway Standards and Details
(8) Signing&Pavement Marking Layouts&Details
(9) Traffic Signal Layout(Revisions&additions at North Main)
(10)Illumination
It is anticipated that the project will include continuous lighting throughout its length.
Conventional light poles will be standard steel poles with a 250 to 400 watt high pressure
sodium cobra head fixture spaced to achieve an average of 0.3 footcandles. The entire
lighting system will be designed in accordance with the National Electrical Code, the
TxDOT Highway Illumination Manual, and AASHTO's Information Guide for Roadway
Lighting. Illumination design will include:
(a) Three wire circuit design
(b) Service pole sizing
(11)Traffic Control Plans and Details
(12)Storm Water Pollution Prevention Plan Layouts and Details
b. Roadway Cross-sections&Earthwork
c Specifications,Quantity Summaries&Cost Estimate
Task 6. Final Drainage Design
a. Final Drainage Plans
(1) Storm Sewer General Notes and Specifications
(2) Summary of Drainage Quantities&Construction Cost Estimate
(3) Existing Overall Drainage Area Map
(4) Proposed Drainage Area Map
(5) Drainage Area Map
(6) Runoff Computations
(7) Storm Sewer Hydraulic Data(HouStorm)
(8) Drainage Plan and Profile(combine with Roadway Plan&Profile)
(9) Storm Sewer Lateral Pipes
(10)Culvert Plan&Profile(Major Crossings)
(11) Bridge Class Culvert Layout
(12) Hydraulic Data Sheet&Discharge Curves
(13) Channel Layout and Sections
(14) Culvert outfall for conveyance to Q112-03-00
(15) Interim Detention Pond Layout&Stage Discharge
(16)Interim Detention Pond Sections
Page 8 of 13 Pages
(EXHIBIT A-Scope of Work)
s •
(17)Extreme Event Overflow Event Structure Detail
(18) Outfall Structure Details(Inflow to Detention Pond)
(19)Floatable Collection Screen Structure Details for SWQMP (Outflow from Detention
Pond)
(20)Riprap and Miscellaneous Details
(21)Storm Water Pollution Prevention Plan(SW3P)for Interim Detention Ponds
(22) Harris County Flood Control and City of Baytown Standard Details
b. Interim Detention Pond and Channel Excavation Earthwork Quantities
c. Final SWQMP Plan and Binder
(1) Overall SWQMP Layout
(2) SWQMP Feature(s)details
(3) SWQMP Plan Report
(4) SWQMP Cost Estimate
Task 7:Public Involvement
a Public meeting(s)will be scheduled, coordinated and conducted. The primary purpose of the
public meetmg(s) will be to inform school district officials of how the project will impact
Crockett Elementary School.
b. Preparation for the public meeting will include technical assistance and exhibit preparation
6. Prepare and furnish Bidding Documents for review and approval by OWNER,its legal counsel,and other
advisors,as appropriate,and assist OWNER in the preparation of other related documents.
7. Submit three (3) final bound copies of the Bidding Documents and a revised opinion of probable
Construction Cost to OWNER within one hundred ten(110)calendar days after authorization to proceed
with this phase.Plan drawing submittals included in the Bidding Documents will be 24"x 26"and will
be submitted as a PDF file as well
8. (Added) Prepare additional line items m the Bid Tabulations, assuming the project documentation,
including plans and specifications,were originally prepared to reflect these items,as reasonably requested
by OWNER,so long as this/these request(s)is made prior to the preparation of the final bid documents.
B. In the event that the Work designed or specified by CONSULTANT is to be performed or furnished under
more than one prime contract,or if CONSULTANT's services are to be separately sequenced with the work of one or
more prime Contractors (such as in the case of fast-tracking), OWNER and CONSULTANT shall, prior to
commencement of the Final Design Phase, develop a schedule for performance of CONSULTANT's services during
the Final Design, Bidding or Negotiating, Construction, and Post-Construction Phases in order to sequence and
coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to
be prepared and included in or become an amendment to Exhibit A whether or not the work under such contracts is to
proceed concurrently.
C. The number of prime contracts for Work designed or specified by CONSULTANT upon which the
CONSULTANT's compensation has been established under this Agreement is one(1)
D. (Modified)CONSULTANT's services under the Final Design Phase will be considered complete on the date
when the submittals required by paragraph Al.02.A.7 have been delivered to and accepted by OWNER.
A1.025 ROWAcqursition Phase
A. If OWNER desires CONSULTANT to perform services under this ROW Acquisition Phase, OWNER shall
specify in detail the services desired in its written authorization for CONSULTANT to proceed. To the extent
authonzed in writing,CONSULTANT shall provide all services required for acquisition of right of way through the
use of its own personnel and subcontractors. CONSULTANT expects that a maximum of four(4) parcels will be
acquired as part of this project. Specifically,CONSULTANT as authorized shall:
1. Perform title research,which shall include,but not be limited to,the following:
Page 9 of 13 Pages
(EXHIBIT A-Scope of Work)
- l
a. Cause a Baytown title company to perform title research,which CONSULTANT to obtain the
correct ownerslup interest and to identify any encumbrances which may affect title to the property.
b. Utilize the services of the title company to ensure a proper closing and transfer of title to the City
of Baytown
2. Cause appraisals of the properties to be performed by a professional approved by the OWNER to
value the parcels for right-of-way acquisition,if required. The appraisals will be conducted in
conformance with the Uniform Standards of Professional Practice(USPAP)
3. Perform appraisal review services
4. Provide negotiation and right-of-entry services,which shall include but not be limited to the following:
a. Based upon the approved value,CONSULTANT's licensed agent will draft a written offer letter,
as approved by OWNER,and personally make the offer to the correct property owner as shown
on the title commitment.The agent,subject to all applicable laws regarding the OWNER's
acquisition of property,will then negotiate in good faith with the affected property owner for a
settlement.Any counteroffers received from the property owner will be presented to OWNER for
consideration.
b. Upon reaching agreement,CONSULTANT will utilize a Memorandum of Agreement and Deed
form acceptable to OWNER and obtained the needed signatures while requesting payment from
OWNER.
c. CONSULTANT shall use a title company located within the City of Baytown for closing the
transaction and insuring that the Deed is recorded in the County's Real Property Records
d. A title insurance policy for the acquisition will be ordered from the title company if required by
OWNER.
e. CONSULTANT will perform any title curative work,including obtaining releases of lien,leases,
etc.in order for OWNER to obtain clear title to the property.
f If needed as determined by OWNER,CONSULTANT shall obtain Rights-of-Entry from the
property owner prior to purchasing the needed property.
B. (Modified)CONSULTANT's services under the ROW Acquisition Phase will be considered complete on the
date when the last acquisition is recorded in the real property records.
A1.026 ROW Field Surveying Phase
A. Upon written authorization from OWNER,CONSULTANT shall:
1. Cause field surveying services to be provided to supplement survey data provided by OWNER. These
services will include,but not be limited to,the following:
a. Field work
(1) Topo on 5 ac wooded site
(2) Topo on 7 ac heavily wooded site
(3) Topo with details channel crossings south of proposed Baker Road between proposed Baker
Road and Crosby-Cedar Bayou Road
(4) Topo with details at channel crossings on HCFCD Unit 0105-04-00
(5) Channel cross sections on HCFCD Units 0105-04-00 and 0105-04-02
(6) Topo of wooded triangle site north of proposed Baker Road and east of HCFCD Unit 0105-
04-00
(7) Topo within apparent drainage easement south of proposed Baker Road and west of Crosby-
Cedar Bayou Road
(8) Topo of"L"shaped church site east of HCFCD Unit 0105-04-00(this area currently has a
channel and partial detention pond)
(9) Topo of pavement and road ditches along intersection of Crosby Cedar Bayou,Sjolander and
proposed Baker Road Extension
(10)Tie locations of geotechnical borings to topographic survey
b. Reduce GPS data to surface data,reduce field data to CADD file,furnish CADD file to OWNER
within sixty(60)days of authorization to begin services under this phase.
Page 10 of 13 Pages
(EXHIBIT A-Scope of Work)
• •
B. (Modified) CONSULTANT's services under the ROW Field Surveying Phase will be considered
complete on the date all deliverables are tendered and accepted by OWNER.
Al 027 Geotechnical Investigations and Engineenng Phase
A. Upon written authorization from OWNER,CONSULTANT shall:
1. Cause to be performed geotechnical investigations and engineering services to support the design of
pavement,structures and earthwork within the project limits,which services shall include,but not be
limited to:.
a. Soil Borings
b. Pavement Cores
c. Pavement Design Recommendations
d. Slope Stability Analysis
e Analysis and Recommendations for Structures near HCFCD Unit 0105-04-00
B. (Modified) CONSULTANT's services under the Geotechnical Investigations and Engineering Phase
will be considered complete on the date all deliverables are tendered and accepted by OWNER. Such services shall be
complete within sixty(60)days after authorization to begin this phase of services.
A 1.03 Bidding or Negotiating Phase
A. After acceptance by OWNER of the Bidding Documents and the most recent opinion of. probable
Construction Cost as determined in the Final Design Phase, and upon written authorization by OWNER to proceed,
CONSULTANT shall:
1. Assist OWNER in advertising for and obtaining bids for the Work and provide sets of plans and
specifications as described in A1.03 A.4.
2. Answer questions and issue Addenda as appropriate to clanfy,correct,or change the Bidding Documents.
3. Consult with OWNER as to the acceptability of subcontractors, suppliers, and other mdividuals and
entities proposed by Contractor for those portions of the Work as to which such acceptability is required
by the Bidding Documents.
4. Perform or provide the following additional Bidding or Negotiating Phase tasks or deliverables:
a. Furnish two(2)copies of full-size(24"x36")plans (one(1)mylar and one paper)and two copies
of plain paper(8.5"x11")specifications for City's use in distribution to prospective bidders.
b Furnish 15 CDs containing final bid and construction documents in PDF format for OWNER'S
use in distribution to prospective bidders.
c. Develop a list of potential contractors
d. Provide reference letter for bid award
5. (Modified)Attend the Mandatory Pre-Bid Conference and the Bid opening,prepare Bid tabulation sheets,
assemble contract documents, assist OWNER m both evaluating Bids or proposals and awardmg
contracts for the Work,including making a recommendation to the OWNER for contract award.
6. (Added) Assist in connection with Bid protests, rebidding,•or re-negotiating contracts for construction,
materials,equipment,or services.
B. (Modified) The Bidding or Negotiating Phase will be considered complete upon commencement of the
Construction Phase.
A1.04 Construction Phase
Page 11 of 13 Pages
(EXHIBIT A-Scope of Work)
• •
A. Upon successful completion of the Bidding and Negotiating Phase, and upon wntten authorization from
OWNER,CONSULTANT shall:
1. (Deleted).
2. (Modified) Construction and Materials Testing. Assist the OWNER by providing appropriate
language in construction documents to assign construction and material testing responsibility to the
construction contractor.
3. Pre-Construction Conference. Participate in a Pre-Construction Conference prior to commencement
of Work at the Site.
4. Baselines and Benchmarks. Assist the OWNER by providing appropriate language in construction
documents to assign the responsibility of establishing control and temporary benchmarks for locatmg
the Work to the construction contractor.
5. Visits to Site and Observation of Construction. In connection with observations of Contractor's work
in progress while it is in progress:
a (Modified)Make visits to the Site at intervals appropriate to the various stages of construction.
Such visits and observations by CONSULTANT are not intended to be exhaustive or to extend
to every aspect of Contractor's work m progress or to involve detailed inspections of
Contractor's work in progress beyond the responsibilities specifically assigned to
CONSULTANT in this Agreement and the Contract Documents,but rather are to be limited to
spot checking, selective sampling, and similar methods of general observation of the Work
based on CONSULTANT's exercise of professional judgment. Based on information obtained
during such visits and such observations,CONSULTANT will determine if Contractor's work is
proceeding in accordance with the Contract Documents.
b. (Deleted)
6. (Deleted).
7. Clarifications and Interpretations;Field Orders. Issue necessary clarifications and interpretations of
the Contract Documents as appropriate to the orderly completion of Contractor's work. Such
clanfications and interpretations will be consistent with the intent of and reasonably inferable from
the Contract Documents. CONSULTANT may issue Field Orders authorizing minor variations from
the requirements of the Contract Documents.
8 Change Orders and Work Change Directives. Recommend Change Orders and Work Change
Directives to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as
required to correct deficiencies, errors or omissions m the bid documents prepared by
CONSULTANT.
9. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to
Shop Drawings and Samples and other data which Contractor is required to submit, but only for
conformance with the information given in the Contract Documents and compatibility with the
design concept of the completed Project as a functioning whole as indicated in the Contract
Documents. CONSULTANT shall log and track all of contractor's submittals and expedite reviews
as may be required by OWNER. Such reviews and approvals or other action will not extend to
means, methods, techniques, sequences or procedures of construction or to safety precautions and
programs incident thereto. CONSULTANT has an obligation to meet any Contractor's submittal
schedule that has earlier been acceptable to CONSULTANT.
10. (Deleted).
Page 12 of 13 Pages
(EXHIBIT A-Scope of Work)
• S
11. (Deleted).
12. (Deleted).
13. (Deleted).
14 Contractor's Completion Documents.
a. (Deleted).
b. (Deleted)
c. (Deleted)
d. (Added) Cause Record Drawings to be prepared and furnished to OWNER electronically in a format
approved by the OWNER and on mylar showing appropnate record information based on Project
annotated record documents received from Contractor.
15 (Modified) Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the
completed Work of Contractor is acceptable so that CONSULTANT may recommend, in writing, final
payment to Contractor. Accompanying the recommendation for final payment, CONSULTANT shall
also provide a notice in the form attached hereto as Exhibit E(the"Notice of Acceptability of Work")that
to the best of CONSULTANT's knowledge, information and belief and upon the exercise of
CONSULTANT'S due diligence, the Work is acceptable and is in compliance with the Contract
Documents.
B. Duration of Construction Phase. The Construction Phase will commence with the execution of the first
Construction Agreement for the Project or any part thereof and will terminate upon final payment to Contractors. If the
Project mvolves more than one prime contract as indicated in paragraph Al.02.C,Construction Phase services may be
rendered at different times in respect to the separate contracts.
C. Limitation of Responsibilities. CONSULTANT shall not be responsible for the acts or omissions of any
Contractor,or of any of its subcontractors,suppliers, or of any other individual or entity performing or fumishmg any
of the Work. CONSULTANT shall not be responsible for failure of any Contractor to perform or furnish the Work m
accordance with the Contract Documents.
PART 2—ADDITIONAL SERVICES
A2.01 Additional Services Requiring OWNER's Authorization in Advance
Not Included
A2.02 Required Additional Services
Not Included
•
Page 13 of 13 Pages
(EXHIBIT A-Scope of Work)
•
This is EXHIBIT B, consistmg of 2 pages, referred to in and
part of the Agreement between OWNER and
SUL ANT for Professional Services dated
- - a
Initial:
OWNER
CONSULTANT
OWNER's Responsibilities
Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties.
B2 01 In addition to other responsibilities of OWNER as set forth in this Agreement,OWNER shall:
A. Provide CONSULTANT with all criteria and full information as to OWNER's requirements for the Project,
including design objectives and constraints, space, capacity and performance requirements, flexibility, and
expandability, and any budgetary limitations; and furnish copies of all design and construction standards which
OWNER will require to be included in the Drawings and Specifications; and furnish copies of OWNER's standard
forms,conditions,and related documents for CONSULTANT to include in the Bidding Documents,when applicable.
B. Furnish to CONSULTANT any other available information pertinent to the Project including reports and data
relative to previous designs, or investigation at or adjacent to the Site. Nothing contained in this Exhibit or in this
Agreement shall be construed to require the OWNER to provide such records in any certain format. The format in
which the existing data and documentation will be provided shall be at the sole discretion of the OWNER.
C. (Modified) Following CONSULTANT's assessment of initially-available Project information and data and
upon CONSULTANT's written request, furnish or otherwise make available such additional available Project related
information and data as is reasonably required to enable CONSULTANT to complete its Basic and Additional Services.
1. (Deleted)
2. (Deleted)
3. (Deleted).
4. (Deleted).
5. (Deleted).
6. (Deleted).
D. (Deleted).
E. (Modified)Authorize CONSULTANT to provide Additional Services as set forth in Part 2 of Exhibit A of the
Agreement as the OWNER determines is necessary.
F. (Modified)Arrange for access to and make all provisions for CONSULTANT to enter upon public and private
property as required for CONSULTANT to perform services under the Agreement.
G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other
documents presented by CONSULTANT (including obtaining advice of an attorney, insurance counselor, and other
advisors or consultants as OWNER deems appropriate with respect to such examination)and render in writing timely
decisions pertaining thereto.
Page 1 of 2 Pages
(Exhibit B—OWNER's Responsibilities)
• •
H. (Deleted).
I. (Deleted).
J. Advise CONSULTANT of the identity and scope of services of any independent consultants employed by
OWNER to perform or furnish services in regard to the Project, including,but not limited to,cost estimating, project
peer review,value engineering,and constructability review
K. Deleted
L. Deleted
M. Deleted
N. Deleted
Page 2 of 2 Pages
(Exhibit B—OWNER's Responsibilities)
•
This is EXHIBIT C, consistmg of 2 pages,referred to in and
part of the Agreement between OWNER and
N UL ANT for Professional Services dated
Initial:
OWNE
CONSULTANT
Payments to CONSULTANT for Services and Reimbursable Expenses
Article 4 of the Agreement is amended and any. Appropriate amounts have been incorporated
supplemented to include the following agreement of the in the cost not to exceed to account for labor,
parties: overhead,and profit.
ARTICLE 4--PAYMENTS TO THE CONSULTANT 4. Deleted.
C4.01 For Basic Services Having A Determined 5 The portion of the amount billed for
Scope—Cost not to Exceed Method of Payment CONSULTANT's services will be based upon total
services actually completed during the billing
A. OWNER shall pay CONSULTANT for Basic period, which shall be a calendar month. Invoices
Services set forth in Exhibit A as follows: shall be tendered no more often than once a month
for all of the services performed during the
1. (Modified) A cost not to exceed applicable month.
amount of$483,678 based upon the rate schedule,which
is attached as Appendix 1 of Exhibit C and incorporated
herein for all intents and purposes. This amount does C4.02 For Basic Services Having An Undetermined
not include those CONSULTANT'S consultant's Scope -- Direct Labor Costs Times a Factor
charges as provided below in this article 4, Method of Payment
Subparagraph C4.05, if any, and will be distributed at
the completion of each phase in the following amount: A. (Not Used).
a. Preliminary Engineering Phase C4.03 For Additional Services
Task 1 $ 71,457
Task 2 $ 178,221 A. OWNER shall pay CONSULTANT for
b. Environmental Report/ Additional Services as follows:
Documentation Phase $ 11,765
c. Final Design Phase $162,384 1. General For services of
d. ROW Acquisition Phase $25,024 CONSULTANT's employees engaged directly on
e. Bidding Phase $5,421 the Project pursuant to paragraph A2.01 or A2.02 of
f. Construction Phases $29,406 Exhibit A of the Agreement,except for services as a
consultant or witness under paragraph A2.01.A 13,
2. (Modified) CONSULTANT may with the an amount based upon the actual hours worked and
consent of OWNER alter the distribution of the rate schedule, which is attached as Appendix 1
compensation between individual phases noted of Exhibit C and incorporated herein for all intents
herein to be consistent with services actually and purposes plus Reimbursable Expenses.
rendered, but shall not exceed the total cost not to Additional Services shall not be performed without
exceed amount unless approved in writing by the the prior written consent of the OWNER.
OWNER. Additional Services shall not exceed$48,368.
3. The cost not to exceed mcludes C4.04 For Reimbursable Expenses
compensation for CONSULTANT's services and
services of CONSULTANT's Consultants (with the A. (Modified) When not included in compensation
exception of those outlined in paragraph C4.05), if for Basic Services under paragraph C4.01, OWNER
Page 1 of 2 Pages
(Exhibit C-Basic Services With Determined Scope--Cost not to exceed Method)
• •
shall pay CONSULTANT for Reimbursable
Expenses as the rate set forth in Appendix 2 of this C4.06 Direct Labor Costs
Exhibit C. Before the OWNER shall be liable for
any reimbursable expenses, the CONSULTANT A. Direct Labor Costs means salaries and
must obtain prior written approval of the OWNER wages paid to CONSULTANT's employees but
of any expense that exceeds $1,000 for which the does not include payroll related costs or benefits.
CONSULTANT seeks reimbursement.
Reimbursable Expenses shall not exceed $24,458 B. (Deleted)
without the prior written consent of the OWNER.
a. Preliminary Engineering Phase $1,387 4.07 Factors
b Environmental Report/
Documentation Phase. $ 628 (Deleted)
c. Final Design Phase $2,279
d. ROW Acquisition Phase $18,158 C4.08 Other Provisions Concerning Payment
e. Bidding Phase $1,070
f. Construction Phases $936 A. Progress Payments. The portion of the
amounts billed for CONSULTANT's services
which are identified in paragraphs C4.01 and C4.03,
B. (Modified) Reimbursable Expenses include the will be based on the Direct Labor Costs for the
following categories: mileage, parking tolls, long cumulative hours charged to the Project during the
distance, reproduction of Drawings, Specifications, • billing penod by all of CONSULTANT's
Bidding Documents, and similar Project-related items in employees, plus Reimbursable Expenses and
addition to those required under Exhibit A, and, if CONSULTANT's Consultant's charges,if any.
authorized in advance by OWNER.
C. The amounts payable to CONSULTANT for
Reimbursable Expenses will be the Project-related
internal expenses actually incurred or allocated by
CONSULTANT, plus all invoiced external
Reimbursable Expenses allocable to the Project, the
latter multiplied by a Factor of 1.10. Travel, meals,
mileage,rental cars, and like expenses are not subject to
the 1.10 Factor.
D. Deleted
E. (Added) The OWNER must approve all travel
expenses before the same are incurred. If such approval
is not obtained, the OWNER shall not be liable for such
travel expenses
C4.05 For CONSULTANT'S Consultant's Charges
A. (Modified) Whenever compensation to
ENGINEER herein is stated to include charges of
ENGINEER's Consultants, those charges shall be the
amounts billed by ENGINEER's Consultants to
ENGINEER times a Factor of (1.10). The consultant
charges shall not exceed the following amounts specified
for each of the following services, unless approved in
writing by the OWNER. The charges include the factor,
and shall not exceed the following without prior written
consent of the OWNER.
a. Field Surveying Phase $18,920
b. Geotechnical Engineering Phase $54,637
Page 2 of 2 Pages
(Exhibit C-All Other Services/Charges--Cost not to Exceed Method of Payment)
• •
APPENDIX 1 OF EXHIBIT C—HOURLY RATES
Hourly Rates for Consultant Staff:
All services are to be billed on an hourly basis based on time and materials and based upon the following rates:
CLASSIFICATION HOURLY RATES
Principal/Project Director $252.00
Project Manager $177.00
Senior Engineer $162.00
Project Engineer $145 00
Graduate Engineer $96.00
Designer/CADD Technician $85.00
Administrative/Clerical $70.00
Page 1 of 1 Pages
(Appendix 1 of Exhibit C—Hourly Rates)
•
APPENDIX 2 OF EXHIBIT C—REIMBURSEMENT OF COSTS
Subcontracts or Outside Services:Cost plus 10%
Reproductions
Paper Plot,B&W(11x17) $0.10/Plot
Paper Plot,Color(11x17) $0.20/Plot
Paper Roll Plot $0.60/SF
Paper Plot,B&W(8.5x11) $0.15
Travel*(not subject to the Factor of 1.10)
Company Auto: IRS Approved Rate
Rental Vehicle: Cost;provided that cost is no more than$40/day
Airfare: Cost
Meals&Lodging: Cost
*Travel must be approved in writing before any expenses will be considered reimbursable.
Page 1 of 1 Pages
(Appendix 2 of Exhibit C—Reimbursement of Costs)
• I
This is EXHIBIT G, consisting of 2 pages, referred to in and
part of the Agreement between OWNER and
/��TANT for Professional Services dated
''??/
Initial:
OWN R
CONSULTANT AWL'
Insurance
Paragraph 6.05 of the Agreement is amended and supplemented to include the following agreement of the parties.
G6.05 Insurance
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 operations and/or performance of the work under this Agreement,
whether such operations and/or performance be by the CONSULTANT, its agents, representatives, volunteers,
employees or subcontractors or by anyone directly or indirectly employed by any of them,or by anyone for whose
acts any of them may be liable.
The CONSULTANT's insurance coverage shall be primary insurance with respect to the OWNER, its officers,
agents and employees. Any insurance or self-insurance maintained by the OWNER, its officials, agents and
employees shall be considered in excess of the CONSULTANT's insurance and shall not contribute to it. Further,
the CONSULTANT shall include all subcontractors as additional insureds under its commercial general liability
policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for
subcontractors 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 contract:
Commercial General Liability(CGL)
General Aggregate: $1,000,000
Products&Completed Operations: $1,000,000
Personal&Advertising Injury: $1,000,000
Per Occurrence: $500,000
a. Coverage shall be at least as broad as ISO CG 00 01 10 93
b. No coverage shall be excluded from standard policy without notification of individual exclusions being
attached for review and acceptance. 1
Business Automobile Policy(BAP)
Combined Single Limits: $1,000,000
a. Coverage for"Any Auto."
Workers'Compensation Insurance
Statutory Limits
Employer's Liability$500,000
Waiver of Subrogation required
Errors&Omissions(E&O)
Limit: $500,000
a. For all engineers,and/or design companies. 1
•
Page 1 of 2 Pages
(Exhibit G-Insurance)
• •
b. Claims-made form is acceptable.
c. Coverage will be in force for three(3)years after project is completed.
Upon execution of this contract, CONSULTANT shall file with the OWNER valid Certificates of Insurance and
endorsements acceptable to the OWNER. Such Certificates shall contain a provision that coverage afforded tinder
the policies will not be canceled, suspended, voided, or reduced until at least thirty(30) days' prior written notice
has been given to the OWNER via certified mail,return receipt requested.
The CONSULTANT shall also file with the OWNER valid Certificates of Insurance covering all subcontractors.
The following are general requirements applicable to all policies:
a. AM Best Rating of B+:VII or better.
b. Insurance carriers licensed and admitted to do business in State of Texas will be accepted.
c. Liability policies will be on occurrence form. E&0 can be on claims-made form.
d. OWNER, its officers, agents and employees are to be added as Additional Insured to the commercial general
liability and business automobile policies.
e. Upon request of and without cost to OWNER, certified copies of all insurance policies and/or certificates of
insurance shall be furnished to OWNER's representative. Certificates of insurance showing evidence of
insurance coverage shall be provided to OWNER's representative prior to execution of this agreement.
f. Upon request of and without cost to OWNER, loss runs (claims listing) of any and/or all insurance coverage
shall be furnished to OWNER's representative.
Page 2 of 2 Pages
(Exhibit G-Insurance)
• •
This is EXHIBIT K,consisting of 2 pages,referred to in and part of
the Agreement between 9 �qn CONSULTANT for
Professional Services datyd YY
Initial:
OWNER
CONSULTANT
Indemnification
CONSULTANT AGREES TO AND SHALL INDEMNIFY AND
HOLD HARMLESS AND DEFEND OWNER, ITS OFFICERS,
AGENTS, AND EMPLOYEES (HEREAFTER REFERRED TO AS
"OWNER") 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 TO
THE EXTENT ARISING OUT OF OR IN CONNECTION WITH AN
ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL
PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE
CONSULTANT OR THE CONSULTANT'S AGENT,
CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY
OVER WHICH THE CONSULTANT EXERCISES CONTROL
(COLLECTIVELY CONSULTANT'S PARTIES). IT IS THE
EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH
CONSULTANT AND OWNER, THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY
CONSULTANT TO INDEMNIFY AND PROTECT OWNER FROM
THE CONSEQUENCES OF CONSULTANT'S PARTIES' OWN
WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE AS
WELL AS THE CONSULTANT'S PARTIES' INTENTIONAL
TORTS, INTELLECTUAL PROPERTY INFRINGEMENTS, AND
FAILURES TO MAKE PAYMENTS ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT. 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 ANY PERSON OTHER THAN
THE CONSULTANT'S PARTIES. IN THE EVENT THAT ANY
11) •
ACTION OR PROCEEDING IS BROUGHT AGAINST THE
OWNER FROM WHICH THE OWNER IS INDEMNIFIED,
CONSULTANT FURTHER AGREES AND COVENANTS TO
DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL
ACCEPTABLE TO THE OWNER. THE INDEMNITY PROVIDED
HEREINABOVE SHALL SURVIVE THE TERMINATION
AND/OR EXPIRATION OF THIS AGREEMENT.
By this Agreement, the OWNER does not consent to litigation or suit, and the OWNER 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. Nothing
herein shall be construed so as to limit or waive OWNER'S sovereign immunity.
CONSULTANT assumes full responsibility for its work performed hereunder and hereby
releases, relinquishes and discharges OWNER, its officers, agents, and employees from all
claims, demands, and causes of action of every kind and character for any injury to or death of
any person and/or any loss of or damage to any property that is caused by or alleged to be
caused by, arising out of, or in connection with CONSULTANT's work to be performed
hereunder. This release shall apply with respect to CONSULTANT's work regardless of
whether said claims, demands, and causes of action are covered in whole or in part by
insurance.
The protections afforded to OWNER in this Exhibit K shall control and supersede
any apportionment of liability or release of liability contained elsewhere in the
Contract Documents. Furthermore, the provisions contained in this Exhibit "K"
shall survive the termination and/or expiration of this Agreement.