Ordinance No. 14,440ORDINANCE NO. 14,440
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH KIMLEY-
HORN AND ASSOCIATES, INC., FOR THE IH-10 LIFT STATION SERVICE AREA
EVALUATION; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED NINETY-ONE THOUSAND AND N0I100 DOLLARS
($91,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
*************************************************************************************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to a Consulting Services Agreement with
Kimley-Horn and Associates, Inc., for the IH-10 Lift Station Service Area Evaluation. A copy of said
agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Kimley-
Horn and Associates, Inc., in an amount not to exceed NINETY-ONE THOUSAND AND NOI100
DOLLARS ($91,000.00) for consulting services in accordance with the agreement authorized in Section 1
hereinabove.
Section 3: That the CityManager is hereby anted general A�horityto a rove a decrease
g Y �' g PP
or an increase in costs by FIFTY THOUSAND AND NOI100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent
(25%).
Section 4: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Coupcil of the City of
Baytown this the 9"' day of July, 2020. d�� (
1AC=L 14
RANDON CAPETILLO, Ntyor
ATTE
*a) 40
LE ILIA BRYS H, Ci C erk 5 0
APPROVED AS TO FORM: 03
KARE L. HORNER, Interim City Attorney o�Ala®�
cobfs0Hegal••.Karen'.Files City CoundkOrdinances\2020Vuly 9%KimleyHomEngineersPSA4UG10LiftStationServiceAreaEvaluation.doc
Exhibit "A"
AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") entered into by and between Kimley-Horn and Associates,
Inc. (hereinafter "Consultant") and the City of Baytown, a home -rule municipality located in
Harris and Chambers Counties, Texas (the "City").
1. Scope of Services/Consultant Fees
This Agreement authorizes Consultant to perform professional engineering services for IH-10
Lift Station Service Area Evaluation (the "Work") for and on behalf of the City. The scope of
the Work is detailed in Exhibit "A." The compensation and professional fees for Consultant and
its subconsultants is more particularly described in Exhibit "B" and shall not exceed NINETY
ONE THOUSAND and 00/100 DOLLARS ($91,000) The time schedules for the Work are
specified in Exhibit "C." Each of these Exhibits "A" through "C" are incorporated into this
Agreement by reference for all purposes.
2. Compensation and Professional Fees
a The City shall pay Consultant in installments based upon monthly progress
reports and detailed invoices submitted by Consultant based upon the
following:
I. Basic Services (Lump Sum).......................................................... .....$91,000
2. Additional Services (Lump Sum)............................................................. $0.00
Cris se services require independent and specific advance, written authorization)
3 Bid Phase Services (Hourly Not to Exceed) ............................................. $0.00
4. Construction Phase Services (Hourly Not to Exceed) ................................ $0 00
5 Reimbursable Expenses (Not to Exceed) ... ............................................. . $000
6. Total.......................................................................................................$91,000
b For an agreed contract amount identified as "Lump Sum," "Not to Exceed" and
"Reimbursable," Consultant shall not exceed the fixed contractual amount without
written authorization in the form of a Contract amendment
C. Reimbursable Expenses, as shown in Exhibit "B" are itemized by work category.
Reimbursable Expenses shall be invoiced AT COST, without subsequent markup
by Consultant All invoices containing a request for Reimbursable Expenses shall
include copies of the original expense receipts itemized per allowable category.
(1) Allowable reimbursable Expenses include:
(a) Hard copy reproductions, copies, and/or binding costs,
(b) Postage;
Aaneement for Consulting Services. Page 1
Designation and Duties of the City's Representative
a The City's Director of Public Works and Engineering or his designee shall act as
the City's Representative.
b The City's Representative shall use his best efforts to provide nonconfidential City
records for Consultant's usage on the Work and to provide access to City's
property and easements. However, the City does not guarantee the accuracy or
correctness of the documents so provided. Notwithstanding the foregoing,
Professional shall be entitled to use and rely upon information provided by the
City in performing the services required under this Agreement only to the extent
and level specified by the City in writing for each document provided Nothing
contained herein shall be construed to require the City 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 City.
5. Standards of Performance
a Consultant shall perform all services under this Agreement with the care and skill
ordinarily used by members of Consultant's profession practicing under the same
or similar circumstances, time and locality.
Consultant shall be responsible for the technical accuracy of its services and
documents resulting therefrom, and the City shall not be responsible for discovering
deficiencies therein. Consultant shall correct such deficiencies without additional
compensation
b Codes and Standards
(1) All references to codes, standards, environmental regulations and/or
material specifications shall be to the latest revision, including all effective
supplements or addenda thereto, as of the date that the order for any
necessary equipment is made by the City or that the construction specified
is bid by the City
(2) If any such equipment is specially manufactured, it shall be identified to
the City, and the Contractor and the Seller shall present sufficient data to
the City to support the design and the suitability of the equipment.
(3) All materials specified on any City project shall be in accordance with
City, ASTM, ACI, and AASHTO specifications, and with other recognized
standards. Proprietary material or other materials for which no generally
recognized standards exist may be used provided there has been at least
five years of proven experience in the field, and such satisfactory
documentation has been approved by the City's Representative
A=erwnt for Professioral Services, page 3
6. Schedule
Consultant shall not proceed with the Work or any stage thereof until written notice to proceed is
provided by the City's Representative
7. Instruments of Service
Upon execution of this Agreement, Consultant grants to the City an ownership interest in the
Instruments of Service. Consultant shall obtain similar interests from the City and Consultant's
consultants consistent with this Agreement. As noted in Articles 5 & 11, Consultant shall be
required to tender to City all Instruments of Service. With such ownership interest, it is expressly
understood by the parties hereto that the City may use the Instruments of Service for any purposes
which the City sees fit, including, but not limited to, subsequent construction, reconstruction,
alteration, and/or repairs of the Project As a condition to the City's use of the Instruments of
Service, the City hereby expressly agrees to remove Consultant's name and all references to
Consultant and its consultants from the Documents Provided that this Agreement is not
terminated for cause by the City, the City shall release any and all claims which the City could
make arising out of or in connection with any reuse of the documents by the City.
8. Insurance
Consultant shall procure and maintain at its sole cost and expense for the duration of the
Agreement, insurance against claims for injuries to person or damages to property which may
arise from or in connection with the performance of the Work hereunder by Consultant, its
agents, representatives, volunteers, employees or subconsultants.
Consultant's insurance coverage shall be primary insurance with respect to the
City, its officials, employees and agents. Any insurance or self-insurance
maintained by the City, its officials, employees or agents shall be considered in
excess of Consultant's insurance and shall not contribute to it. Further, Consultant
shall include all subconsultants, agents and assigns as additional insureds under its
policy or shall furnish separate certificates and endorsements for each such person
or entity. All coverages for subconsultants and assigns shall be subject to all of
the requirements stated herein.
The following is a list of standard insurance policies along with their respective
minimum coverage amounts required in this Agreement.
Commercial General Liability
■ General Aggregate: $2,000,000
■ Products & Completed Operations Aggregate $2,000,000
■ Personal & Advertising Injury: $1,000,000
■ Per Occurrence: $1,000,000
■ Fire Damage $500,000
■ Waiver of Subrogation required.
■ Coverage shall be broad form.
■ No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for review and
acceptance
Aereemen for Professional Services. Page 5
8 All insurance required herein shall be secured and maintained in a
company or companies satisfactory to the City, and shall be carved in the
name of Consultant. Consultant shall provide copigs of insurance policies
and endorsements required hereunder to the City on or before the
effective date of this Agreement
9. Indemnification and Release
CONSULTANT AGREES TO AND SHALL INDEMNIFY AND
HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO AS
THE "CITY") FROM AND AGAINST ANY AND ALL CLAIMS,
LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND
LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR
INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO
ANY PROPERTY OR FOR ANY BREACH OF CONTRACT 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
PROFESSIONAL OR THE CONSULTANT'S AGENT,
CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY
OVER WHICH' CONSULTANT EXERCISES CONTROL
(COLLECTIVELY CONSULTANT'S PARTIES). IT IS THE
EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH
CONSULTANT AND THE CITY, THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY
CONSULTANT TO INDEMNIFY AND PROTECT THE CITY
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
i
NEGLIGENCE OF ANY PERSON OTHER THAN THE
CONSULTANT'S PARTIES. IN THE EVENT THAT ANY ACTION
OR PROCEEDING IS BROUGHT AGAINST THE CITY FROM
Apieement for Professional Services, Page 7
(f) failing to complete Work within the time period specified in this
Agreement; and/or
(g) the violation of any provision of this Agreement.
Upon delivery of any notice of termination required herein, Consultant shall discontinue all
services in connection with the performance of the Agreement. Within ten (10) days after receipt
of the notice of termination, Consultant shall submit a final statement showing in detail the
services satisfactorily performed and accepted and all other appropriate documentation required
herein for payment of services, At the same time that the final statement is tendered to the City,
Consultant shall also tender to the City's Representative all of Consultant's instruments of
service, including all drawings, special provisions, field survey notes, reports, estimates, and any
and all other documents or work project generated by Consultant under this Agreement, whether
complete or not, in an acceptable form and format together with all unused materials supplied by
the City. No final payment will be made until all such instruments of service and materials
supplied are so tendered
If this Agreement is terminated for cause, Consultant shall be liable for any damage to the City
resulting therefrom. This liability includes any increased costs incurred by the City in
completing Consultant's services. The rights and remedies of the City in this section are in
addition to any other rights and remedies provided by law or under this Agreement.
12. Records
Within ten days of the City's request and at no cost to the City, the City will be entitled to review
and receive a copy of all documents that indicate work on the Project that is subject to this
Agreement.
13. Supervision of Consultant
Consultant is an independent contractor and the City neither reserves nor possesses any right to
control the details of the Work performed by Consultant under the terms of this Agreement
14. Billing
The City shall have thirty (30) days to pay Consultant's invoices from the date of receipt of such
invoices and necessary backup information. All invoices must identify with specificity the work
or services performed and the date(s) of such work or services. In the event of a disputed or
contested invoice, the parties understand and agree that the City may withhold the portion so
contested, but the undisputed portion will be paid, Consultant shall invoice the City for work
performed no more than once a month and may not invoice the City for work not performed.
Invoices shall be received by the City no later than sixty calendar (60) days from the date
Consultant and/or its subconsultants perform the services or incur the expense. Failure by
Consultant to comply with this requirement shall result in Consultant's invoice being denied and
the City being relieved from any liability for payment of the late invoice.
15. Indebtedness.
If Consultant, at any time during the term of this Agreement, incurs a debt, as the word is defined
in section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately notify
the City's Director of Finance in writing. If the City's Director of Finance becomes aware that
AAaeemern for Professional Services, Page 9
requested, or by delivering the same to an officer of such party. Notice deposited in the mail as
described above shall be conclusively deemed to be effective, unless otherwise stated in this
Agreement, from and after the expiration of three (3) days after it is so deposited.
For the purpose of notice, the addresses of the parties shall be as follows unless properly changed
as provided for herein below:
For the City
For Consultant
CITY OF BAYTOWN
Attn: City Manager
P. O Box 424
Baytown, Texas 77522-0424
Kimley-Horn and Associates, Inc.
Attn: Constance Curtis, P.E.
11700 Katy Freeway, Ste. 800
Houston, Texas 77079
Each party shall have the right from time to time at any time to change its respective
address and each shall have the right to specify a new address, provided that at least fifteen (15)
days' written notice is given of such new address to the other party.
21. No Third Party Beneficiary
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit Consultant and the City only No person or entity not a signatory to this Agreement shall
be entitled to rely on Professional's performance of its services hereunder, and no right to assert a
claim against Professional by assignment of indemnity rights or otherwise shall accrue to a third
party as a result of this Agreement or the performance of Professional's services hereunder.
22. No Right to Arbitration
Notwithstanding anything to the contrary contained in this Agreement, the City and Consultant
hereby agree that no claim or dispute between the City and Consultant arising out of or relating
to this Agreement shall be decided by any arbitration proceeding including, without limitation,
any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable
State arbitration statute, including, but not limited to, the Texas General Arbitration Act,
provided that in the event that the City is subjected to an arbitration proceeding notwithstanding
this provision, Consultant consents to be joined in the arbitration proceeding if Consultant's
presence is required or requested by the City of complete relief to be recorded in the arbitration
proceeding.
23. Waiver
No waiver by either party to this Agreement of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
Agreement for Professional Services Page l l
APPROVED AS TO FORM:
KAREN L. HORNER, Interim City Attorney
CONSULTANT.
KIMLEY-HORN AND ASSOCIATES, INC
(Signature)
^Ir.1 / •
(Printed Name)
SY '
(Title)
STATE OF TEXAS §
J-o-rrw�— §
COUNTY OFFS §
Befo a me on this day personally appeared ���� (-�_(1,Y4 in his/her
capacity as a 4 of Kimley-Horn and Ass fates, Inc., on behalf of
such corporation,
K known to me;
❑ proved to me on the oath of ; or
❑ proved to me through his/her current
(description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person)
(check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me thin day of 7S—uj-9 , 20_M
JENNIFEA IYNN PENA `—,
Notary Public, State of Texas
Comm. Expires o7-23.2021 ota ublic n nd for the State of Texas
Nntary 10 126367896
Agreement for Professional Services, Page 13
collection does not include performing additional flow measurements, smoke testing, or lift station
performance tests.
C. Service Area. Consultant will work with the City to establish the existing lift station service area
boundary and establish a future service area boundary based on ultimate build out. The City will
provide anticipated development information. Ultimate build -out condition will include City -identified
future annexation areas.
D. Lift Station Service Area Evaluation. Consultant will perform the following as part of the wastewater
system analysis:
• Utilize equivalent single-family connections (ESFCs) and land use assumptions as
approved by the City to calculate the existing average and peak flows to the IH-10 Lift
Station and to calculate peak flow at ultimate build -out.
• Identify future growth related build -out alternatives for the IH-10 Lift Station Service Area.
• Identify future capital projects in the service area based on anticipated future growth.
• Evaluate the removal of the Garth Road wastewater diversion structure to the Northeast
Wastewater Treatment Plant and West Wastewater Treatment Plant
Consultant will prepare preliminary level opinions of probable costs (OPCs) for the future capital
projects and lift station alternatives. Opinions of probable costs provided herein are based on the
information known to Consultant at the time of the report and represent only Consultant's judgment
as a design professional familiar with the construction industry.
Consultant will schedule and conduct a meeting with the City to review the service area evaluation
prior to submitting a draft report.
E. Report- Consultant will prepare a report to document assumptions made during the analysis and list
of capital projects and OPCs. Consultant will prepare one (1) exhibit showing the existing
wastewater infrastructure within the service area and one (1) exhibit showing the proposed capital
projects. The exhibits will be sized 22"x34".
Consultant will submit a draft report via PDF to the City for review and comment. Consultant will
meet with the City to discuss comments prior to finalizing the report. The final report will be
submitted to the City via PDF.
Task 2 — Geotechnical Investivations
This task contains the scope of services for a geotechnical engineer to provide a geotechnical
investigation and engineering report: for this project. This geotechnical investigation is included in this
scope of work at this time to provide site -specific geotechnical information for the preliminary level OPC's
to be developed in Task 1.
As part of this task, Consultant will provide the following services. -
A. Consultant Coordination
• Coordinate with geotechnical engineer (subconsultant)
• Review geotechnical report and provide one (1) round of comments
• Coordinate with the City and TxDOT to provide information to the Geotechnical Engineer for
Right -of -Way (ROW) Permits for geotechnical drilling equipment. Future coordination with
Harris County Flood Control District (HCFCD) and Union Pacific Railroad (UPRR) is
anticipated, but not required for this Scope of Work.
fy
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ow f1w
• 1
• 1
LM No
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1� 11
A
alustion
Kimleyllorn Task Name
Subssk Name/Description
trot Labor (Person -flours)
Senior Project Project Associate Analyst I CADD labor
Engineer Manager Engineer Engineer EIT Designer Admin 'total
$26500 $240.00 $210.00 $190.00 $175.00 $150.00 $90.00
Ex
Sub Pee
Travel Expenses
Plot Expenses
1
1
1
$ 625
ague MM Coy
2
5
10
$ 3.120
5
10
S 2,700
10
20
40
80
S 29,200
3
10
40
$ 10,300
is Evaltimition
2
2
2
S 1,250
r
5
10
20
20
$ 9,450
tents
2
2
5
5
20
5
$ 7,260
- and Mect wCity to Diacm
2
2
2
5
$ 1,700
d Submit Final Report
2
2
2
10
2
5
S 3,930
$I00
ours
4
24
49
65
195
27
10
o rs
I,
15,760
$10.290ZZ2
,0
1
r
1
3
S 1,640
S
S17,332
o�01
5
0
0
m an
$240
I,050
$1,640
$17,5 2
IG
2 for the total lump am fec indicated above Individual task amounts are infomsttonal only All permitting, application, and smilar project fees will be paid directly by the City
n the overall percentage ofservices performed
S days
Thu 7/9/20
Wed 7/15/20
0 days
Wed 7/15120
Wed 7/15/20
75 days
Thu 7/16/20
Wed 20/28/2
5 days
Thu 7/16/20
Wed 7/22/20
5 days
Thu 7/16/20
Wed 7/22/20
30 days
Thu 7/23/20
Wed 9/2/20
ss Evaluation 0 days
Wed 9/2/20
Wed 9/2/20
15 days Thu 9/3/20 Wed 9/23/20
City 0 days
Wed 9/23/20 Wed 9/23/20
15 days
Thu 9/24/20 Wed 10/14/2
ss Report 0 days
Wed 10/14/20 Wed 10/14/2
10 days
Thu 10/15/20 Wed 10/28/1•
'.ity 0 days
Wed 10/28/20 Wed 10/28/2
25 days
Thu 7/16/20 Wed 8/19/20
25 days
Thu 7/16/20 Wed 8/19/20
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