Ordinance No. 14,461ORDINANCE NO. 14,461
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH HILL
INTERNATIONAL, INC., FOR CONSTRUCTION INSPECTION SERVICES FOR
THE ANIMAL SERVICES AND ADOPTION SHELTER PROJECT; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED
ONE HUNDRED TWENTY-THREE THOUSAND NINE HUNDRED AND NOI100
DOLLARS ($123,900.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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
Hill International, Inc., for construction inspection services for the Animal Services and Adoption Shelter
Project. 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 Hill
International, Inc., in an amount not to exceed ONE HUNDRED TWENTY-THREE THOUSAND NINE
HUNDRED AND NOI100 DOLLARS ($123,900.00) for consulting services in accordance with the
agreement authorized in Section 1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
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 aff a vote of the City C cil of the City of
Baytown this the 13" day of August, 2020.
BRANDON C ETILLZr,1TayJr
APPROVED AS TO FORM:
KA N L—.7fiORNER, Interim City Attorney
"COUS01,LegaPKaren Files .CityCouncil Ordinances\2020\August 13 Hilllntemational4lnspectionServices4AnimalControl&AdoptionServices.doc
Exhibit "A"
AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") entered into by and between Hill International, 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 construction inspection services for Animal
Services and Adoption Shelter (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 ONE
HUNDRED TWENTY-THREE THOUSAND NINE HUNDRED and NO/100 DOLLARS
($123,900.00). 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 the Consultant based upon the
following:
1. Basic Services (Lump Sum).............................................................$123,900.00
2. Additional Services (Lump Sum)..............................................................$0.00
(These 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)....................................................$0.00
6. Total................................................................................................$123,900.00
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;
Agreement for Consulting Services, Page 1
(c) Mileage, for travel from Consultant's local office (within a 25 mile
radius) to meetings the City or job -site. Mileage shall be charged
at the current IRS rates;
(d) Travel Expenses, mileage from local office to State or federal
regulatory agency office beyond I00miles; and
(e) Lodging expenses for destinations beyond 100 miles from
Consultant's local office AND when business hours exceed eight
hours within one business day OR when Consultant's services
require more than one eight -hour day at the destination.
(2) Disallowed Expenses include travel expenses for professional expertise
traveling into the Greater Houston Area from Consultant's office outside
the Greater Houston Area.
d. Consultant shall invoice based upon total services actually completed during the
applicable month. Invoices shall be tendered no more often than once a month.
Consultant shall not invoice the City for services or expenses that were incurred
more than sixty (60) days before the date of the invoice. Failure to timely invoice
the City for services or expenses shall result in Consultant's invoice being denied.
e. In the event of a disputed or contested invoice, the City may withhold from
payment that portion so disputed or contested, and the undisputed portion will be
paid.
3. Personnel of Consultant
a. Consultant's Project Manager
Consultant shall designate Stephen Pearson, to serve as Project Manager for the
Work performed under this Agreement. Any change of Project Manager shall
require thirty days' advance written approval from the City's Representative.
b. Licensed and Registered Architects/Engineers
Consultant shall keep a full-time registered architects and/or engineers licensed in
the State of Texas on staff and assigned to the Work for the duration of its
performance of the Work.
C. Data on Consultant's Employees
Prior to commencement of the Work, Consultant shall forward to the City a
detailed resume of the personnel that will be assigned to the Work. Such
personnel shall include, but not be limited to, architects and/or engineers as
applicable.
d. Rejection of Consultant's Employees
The City reserves the right to approve or reject from the Work any employees of
Consultant.
Agreement for Professional Services, Page 2
4. 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.
Agreement for Professional Services. Page 3
(4) The Work shall be designed and furnished in accordance with the most
current codes and/or standards adopted by city, state, or federal
government or in general custom and usage by the profession and shall
comply Texas Department of Licensing and Regulation's rules and
regulations, including the Texas Accessibility Standards.
(5) The codes and standards used in the profession set forth minimum
requirements. These may be exceeded by the Contractor or Consultant if
superior methods are available for successful operation of equipment
and/or for the construction project on which the Work is performed. Any
alternative codes or regulations used shall have requirements that are
equivalent or better than those in the above listed codes and regulations.
Consultant shall state the alternative codes and regulations used.
(6) Consultant agrees the services it provides as an experienced and qualified
architect/engineer will reflect the professional standards, procedures and
performances common in the industry for this project. Consultant further
agrees that any analysis, reports, preparation of drawings, the designation
or selection of materials and equipment, the selection and supervision of
personnel and the performance of other services under this contract will be
pursuant to the standard of performance common in the profession.
(7) Consultant shall promptly correct any defective analysis caused by
Consultant at no cost to City. The City's approval, acceptance, use of or
payment for all or any part of Consultant's services hereunder or of the
Work itself shall in no way alter Consultant's obligations or the City's
rights under this Agreement. As applicable, Consultant shall provide the
City with record "as -built" drawings relating to the Work, in an electronic
format that is acceptable to the City. City shall be in receipt of record
drawings, if applicable, prior to final payment.
(8) Consultant has no control over the cost of labor, materials, equipment or
services furnished by others, other than its subconsultants. Data
projections and estimates are based upon Consultant's opinion based on
experience and judgment. Consultant cannot and does not guarantee that
actual costs and/or quantities realized will vary from the data projections
and estimates prepared by Consultant.
(9) Consultant shall submit all final construction documents in both hard copy
and electronic format. Plans shall be AutoCAD compatible and all other
documents shall be Microsoft Office compatible. The software versions
used shall be compatible to current City standards. Other support
documents for example structural calculations, drainage reports and
geotechnical reports, shall be submitted in hard copy only. All Record
Drawings electronic files shall be submitted to the City in PDF/TIF format.
Agreement for Professional Services, Page 4
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.
a. 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:
1. 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.
Agreement for Professional Services, Page 5
2. Business Automobile Policy
■ Combined Single Limits: $1,000,000
■ Coverage for "Any Auto"
■ Waiver of Subrogation required.
Errors and Omissions
■ Limit: $1,000,000 for this project.
■ For all architects, engineers, and/or design companies
■ Claims -made form is acceptable
■ Coverage will be in force for one (1) year after completion of the
Project.
■ Waiver of Subrogation required.
4. Workers' Compensation
■ Statutory Limits
■ Employer's Liability $500,000
■ Waiver of Subrogation required.
b. The following shall be applicable to all policies of insurance required herein.
Insurance carrier for all liability policies must have an A.M. Best Rating
of ANIII or better.
2. Only insurance carriers licensed and admitted to do business in the State
of Texas will be accepted.
Liability policies must be on occurrence form. Errors and Omissions can
be on claims -made form.
4. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except
after thirty (30) days' prior written notice by mail, return receipt
requested, has been given to the City.
5. The City, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Workers
Compensation and Errors and Omissions Policies required herein.
6. Upon request and without cost to the City, certified copies of all insurance
polices and/or certificates of insurance shall be furnished to the City.
Upon request and without cost to the City, loss runs (claims listing) of any
and/or all insurance coverages shall be furnished to the City.
Agreement for Professional Services, Page 6
8. All insurance required herein shall be secured and maintained in a
company or companies satisfactory to the City, and shall be carried in the
name of Consultant. Consultant shall provide copies 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 THE 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
NEGLIGENCE OF ANY PERSON OTHER THAN THE
CONSULTANT'S PARTIES. IN THE EVENT THAT ANY ACTION
OR PROCEEDING IS BROUGHT AGAINST THE CITY FROM
Agreement for Professional Services, Page 7
WHICH THE CITY IS INDEMNIFIED, CONSULTANT FURTHER
AGREES AND COVENANTS TO DEFEND THE ACTION OR
PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE
CITY. THE INDEMNITY PROVIDED HEREINABOVE SHALL
SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS
AGREEMENT.
By this Agreement, the City does not consent to litigation or suit, and the City
hereby expressly revokes any consent to litigation that it may have granted by the
terms of this Contract or any other contract or agreement, any charter, or
applicable state law. Nothing herein shall be construed so as to limit or waive the
City's sovereign immunity. Consultant assumes full responsibility for its services
performed hereunder and hereby releases, relinquishes and discharges the City, its
officers, agents, and employees from all claims, demands, and causes of action of
every kind and character, including the cost of defense thereof, for any injury to or
death of any person (whether they be either of the parties hereto, their employees,
or other third parties) and any loss of or damage to property (whether the property
be that of either of the parties hereto, their employees, or other third parties) that is
caused by or alleged to be caused by, arising out of, or in connection with
Consultant's services to be performed hereunder. This release shall apply with
respect to Consultant's services regardless of whether said claims, demands, and
causes of action are covered in whole or in part by insurance.
10. Subcontractors and Subconsultants
Consultant shall receive written approval of the City's Representative prior to the use of any
subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or
subcontractors shall be given to the City before execution of such contracts.
11. Termination of Consultant
The City, besides all other rights or remedies it may have, shall have the right to terminate this
Agreement without cause upon ten (10) days' written notice from the City Manager to
Consultant of the City's election to do so. Furthermore, the City may immediately and without
notice terminate this Agreement if Consultant breaches this Agreement. A breach of this
Agreement shall include, but not be limited to, the following:
(a) failing to pay insurance premiums, liens, claims or other charges;
(b) failing to pay any payments due the city, state, or federal government from
Consultant or its principals, including, but not limited to, any taxes, fees,
assessments, liens, or any payments identified in this Agreement;
(c) the institution of voluntary or involuntary bankruptcy proceeding against
Consultant;
(d) the dissolution of Consultant;
(e) refusing or failing to prosecute the Work or any separable part, with the
diligence that will ensure its completion within the time specified in this
Agreement;
Aareement for Professional Services, Page 8
(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
Agreement for Professional Services. Page 9
Consultant has incurred a debt, the City's Director of Finance shall immediately notify
Consultant in writing. If Consultant does not pay the debt within 30 days of either such
notification, the City's Director of Finance may deduct funds in an amount equal to the debt
from any payments owed to Consultant under this Agreement, and Consultant waives any
recourse therefor.
16. No Boycott Israel.
Consultant agrees that it will not boycott Israel during the term of this Agreement. As used in
this section, "boycott Israel" means refusing to deal with, terminating business activities with, or
otherwise taking any action that is intended to penalize, inflict economic harm on, or limit
commercial relations specifically with Israel, or with a person or entity doing business in Israel
or in an Israeli -controlled territory, but does not include an action made for ordinary business
purposes.
17. Reputation in the Community
Consultant shall retain a high reputation in the community for providing professional
architectural/engineering services. Consultant shall forward a copy of any current petition or
complaint in any court of law which (a) asserts a claim for $50,000 or more for errors or
omissions in providing architectural/engineering services and/or (b) seeks to deny Consultant the
right to practice architecture/engineering or to perform any other services in the state of Texas.
18. Payroll and Basic Records
a. Consultant shall maintain payrolls and basic payroll records during the course of
the work performed under this Agreement and shall preserve them for a period of
three years from the completion of the work called for under this Agreement for
all personnel working on such work. Such records shall contain the name and
address of each such employee, social security number, correct classification,
hourly rates of wages paid, daily and weekly number of hours worked, deductions
made and actual wages paid.
b. Consultant shall make the records required to be maintained under the preceding
subsection (a) of this section available at no cost to the City for inspection,
copying or transcription or its authorized representatives within fifteen days of the
City's request therefor. Consultant shall permit such representatives to interview
Consultant's employees during working hours on the job.
19. Governing Law
This Agreement has been made under and shall be governed by the laws of the state of Texas.
The parties further agree that performance and all matters related thereto shall be in Harris
County, Texas.
20. Notices
Unless otherwise provided in this Agreement, any notice provided for or permitted to be given
must be in writing and delivered in person or by depositing same in the United States mail,
postpaid and registered or certified, and addressed to the party to be notified, with return receipt
Agreement for Professional Services, Page 10
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
Hill International, Inc.
Attn: Robert Ferguson
1255 Corporate Drive, Ste.200
Dallas, Texas 75038
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 11
24. Complete Agreement
This Agreement represents the entire and integrated agreement between the City and Consultant
in regard to the subject matter hereof and supersedes all prior negotiations, representations or
agreements, either whether written or oral, on the subject matter hereof. This Agreement may
only be amended by written instrument approved and executed by both of the parties. The City
and Consultant accept and agree to these terms.
25. No Assignment
Consultant may not sell or assign all or part interest in this Agreement to another party or parties
without the prior express written approval of the City Manager of such sale or assignment. The
City may require any records or financial statements necessary in its opinion to ensure such sale
or assignment will be in the best interest of the City.
26. Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
27. Severability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
28. Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same.
29. Authority
The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he/she represents.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemAiXbe an o 'ginal, but all of which shall constitute but one
and the same Agreement on the day of , 2020, the date of execution by the City
Manager of the City of Baytown.
CITY OF BAYTOWN
RIC A . A S, City Manager
AT ST:
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Agreement for Professional Services,Page 12 ‘t�h'`
APPROVED AS TO FORM:
KAREN L. HORNER, Interim City Attorney
CONSULTANT:
Hill International, Inc.
(pm Name)
VkA^--
(Signature)
_F9,W KAUA&Soot
(Printed Name)
rove
(Title)
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this d personally appeared !KXJC(' U SO h in his/her
capacity as 5 ► 00' Vf' e51o�r�it of Hill Internatiorril Inc., on behalf of such
corporation,
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 this5"" day of"th
cM
Notary Pub and as
Agreement for Professionat Services. Page 13 'v—RLY JEAN GRAUERHOIZ
Notary toll 129338956
nAy Commission Expires
�`,� Mar 4, 2021
Exhibit A
Scope of Services
The Consultant shall render the following professional services to the City of Baytown in connection with
the construction of the Project:
1. Pre -Construction Services
a. Participate in Contractor interviews after bids are received; Competitive Sealed Proposal
Evaluations; Identify construction issues, conflicts, deficiencies, as part of the interview,
and potential cost savings or scope adjustments with the contractor and make
recommendations on scope to include with contractor's best and final offer.
b. Chair Pre -Construction Meeting
i. Schedule and conduct the pre -construction meeting; record and disseminate
minutes from pre -construction meeting.
ii. Utilize the City's Project Management program: set communications protocol and
contract administration procedures, establish progress meeting schedule and
submittal schedule.
iii. Provide agenda for meeting: Key milestone dates, pay application procedures,
schedule, public notification issues and procedures, utility coordination issues,
traffic control, permitting, property owner notification and coordination,
temporary facilities, contractor's use of City's Project Management program, etc.
Construction Inspection Services
a. Provide full-time on -site technical observation of Contractor's activities to verify and
ensure all work materials, structures, equipment and workmanship comply with the
Contract Documents including Addenda, and Change Orders. Verify and ensure that
Contractor maintains good construction practices and professional standards prevailing in
the local City, County, and State of Texas. Utilize City's Project Management program
for all inspection reports and project documentation.
i. Notify the City Project Manager if Contractor's work is not in compliance with the
Contract Documents or specifications. Notify the City Project Manager and Design
Professional of any failure of the Contractor to take measures to repair and bring
work in compliance.
ii. Issue Advisory Notices to Contractor for work that is not in compliance with
approved construction documents.
iii. Issue Non -Compliance Reports to Contractor if non -conforming work is not
brought into compliance or if plan of action to bring work into compliance is not
conducted in timely manner.
iv. Inspect and observe the materials and equipment being incorporated into the
work to assure that they are handled, stored and installed in accordance with the
Contract Documents and specifications. Report to the City Project Manager
regarding these activities.
b. Identify record and notify Design Professional of any problems or failures to meet
performance requirements in a timely manner to minimize delay in the progress of the
project, make recommendation(s) for appropriate solution to the City Project Manager
and Design Professional.
c. Prepare and maintain daily progress log or daily construction reports, photographs,
records and track quantities installed that day utilizing the City's Project Management
system.
d. Ensure contractor reviews and approves daily reports and quantities.
e. Verify contractor has obtained necessary permits and is maintaining any Traffic Control,
public notification and Storm Water Pollution Prevention Plans, facilities, equipment or
arrangements in accordance with contract documents.
f. Attend and participate in progress meetings.
g. Create contacts for your record for: names, addresses, telephone numbers and email of all
contractors, subcontractors, sub consultants and major suppliers of material and
equipment; store in the City's Project Management program system.
h. Immediately notify the City Project Manager and Design Professional in the event of an
on- site accident. Record and note conditions, activities and witnesses to the event.
i. Maintain Resolution Log and respond to citizen complaints in the City's Project
Management program system.
j. Consult with City Project Manager and Design Professional in advance of scheduled
major work operations, tests, inspections or start of important phases of project.
k. For concealed inspections (above ceiling ; wall close ups), Inspector will take the notes
from previous inspections and compare them to what is in place to make sure items :'
equipment previously inspected have not been moved and/or damaged during the
continued construction process. Inspector will check for inconsistencies, such as missing
fire alarms, missing fire caulk, missing in -wall items (t-stats, pull stations, etc.), installed
items that have not been inspected, etc. If anything is missing or damaged, they make
note of such on the inspection sheet, inform the contractor and the City Project Manager
about the failed items, and then schedule a re-inspection(s).
3. Pay Applications
a. Pay applications will be generated by the City's Project Management program system/or
via City format Pay applications, based on quantities approved in the daily reports.
Review and verify quantities provided by contractor for all work in compliance with
contract documents.
i. Review work conducted daily on daily inspection reports and material installed
measurements submitted by contractor; verify work conducted and bid item
quantities via the City's Project Management program; meet regularly
(weekly/bi-monthly as needed) to review pay estimate and quantities with
contractor, verify field measurements and work completed.
H. Review progress pay application with Design Professional for approval or
revision prior to submittal to City.
iii. Finalize pay application with signatures from Contractor, Design
Professional, and Construction Manager certifying quantities and amounts
via the City's Project Management program.
iv. Notify City Project Manager when all electronic signatures are completed in the
City's Project Management program system for invoice processing.
v. Track and record requests for rain or other delays with potential to add to
Contract Time in Daily Reports in the City's Project Management program.
vi. Provide an independent quantity forecast bid items to identify potential quantity
over -runs as part of pay estimate review.
b. Upon completion of the work, prepare a final progress payment including a balancing
change order zeroing out all unused quantities utilizing the City's Project Management
program. Identify and add additional quantities and make any approved changes to the
Contract Time.
i. Review and coordinate with Design Professional to provide Design
Professional's recommendation for Substantial Completion or Final Acceptance.
(See Close-out Section).
4. Document Control
a. Utilize the City's Project Management program system to: receive, route, track and log all
Contractor communications, Submittals, Change Orders, RFIs, Pay Applications and
Citizen Complaint/Resolution Log; communicate with Contractor the status of submittal
reviews; review submittal and RFI log in the City's Project Management program to
ensure timely responses; notify City Project Manager, Contractor and Design
Professional of time critical issues.
i. Respond to RFIs when such response does not require the Design Professional's
opinion or expertise or direction from City.
ii. Assemble and maintain notes, comments, sketches and supportive data relative to
the Project to facilitate the revision of drawings to conform to the final as -built
conditions. Review Contractor's record keeping periodically to ensure
completeness, timeliness and progress.
Change Orders
a. Prepare and issue request for proposals in a timely manner via the City's Project
Management program. Review RFP and contractor proposal for additional work with City
Project Manager and Design Professional for approval. Ensure the status of RFP and
Responses from Contractor, City and Design Professional are logged and tracked in the
City's Project Management program system.
b. Provide recommendation on technical matters as an advocate for the City. Evaluate
Contractor's response/proposal for merit, cost, time, accuracy and price practicality.
Negotiate with Contractor on City's behalf if required.
c. Prepare Change Order and documentation including signatures of Contractor, Design
Professional and Construction Manager for delivery to City.
6. Testing Laboratory and Results
a. Coordinate testing laboratory activities with Contractor's activities. Review test reports
for compliance with Contract Documents. Log, track and retain test reports in the City's
Project Management program. Review results with Contractor. Monitor any corrective
action and re -testing for compliance. Maintain compliance with City's specifications
i. Review lab test reports and log any failures.
ii. Review Invoicing from Laboratory to daily activities.
Project Completion and Close out
a. Provide list of deliverables for substantial completion walk through/inspection. Schedule
and conduct project walk through upon receipt of Contractor's notification of substantial
completion. Include City Project Manager, Design Professional and others as directed.
Prepare a list of non -conforming work based on visual inspections via the City's Project
Management program. Record and monitor contractor's corrective efforts and schedule.
Schedule final completion inspection for any remaining corrections.
b. Coordinate and obtain Design Professional's signature and seal on Substantial
Completion certificate and Final Completion and Acceptance certificate via the City's
Project Management program.
c. Review and compile any Operation and Maintenance documents required from the
Contractor — forward to the Design Professional for review. Ensure Contractor's closeout
documents are uploaded to the City's Project Management program. Review for
completeness and accuracy, including; affidavits of final payment, final pay
estimates, as built records, redlines and drawings. Once received, notify the Design
Professional and City Project Manager when completed.
i. Upon completion of close out items, provide recommendation for City's
Substantial Completion/Final Acceptance certificate.
H. Provide indexed project files; redline plans and as -built or record drawings to City
via the City's Project Management program.
d. Conduct Project Close -Out Meeting.
e. Prepare and recommend final payment application. (Prepare job record logs transmittals,
and correspondence reports in an organized file for delivery to City.)
f. Consult with City on any potential Warranty items requiring repair or replacement.
g. PDF copies of all inspection reports will be kept on file and will be submitted to the City
at the project if desired.
Warranty Period
a. Schedule, arrange and coordinate a One Year Walk-through of the project to review status
of the work 30 days prior to expiration of the One Year Maintenance period.
b. Provide staff to conduct and participate in the warranty inspections.
c. Prepare list of non -conforming work for presentation to the City Project Manager, Design
Professional and Contractor via the City's Project Management program.
d. Oversee repairs for non -conforming work with Contractor.
e. Submit final report on completed warranty repairs via the City's Project Management
program.
Additional Services:
The City shall not be responsible or liable for any additional services performed by the Consultant
unless such additional services have been approved in writing prior to the performance of the same.
Consultant will perform additional services at a price agreed upon by the parties in writing prior to the
performance of such services based upon the rate schedule indicated in Exhibit "B."
EXHIBIT B
Level of Effort
The Consultant will begin providing inspection services on a part-time basis as required on August 17,
2020. Services will be provided for the duration of 14 months (August 17, 2020 — October 31, 2021).
Inspection Services will be 20 hours per week.
Weeks Hours/Week Total Hourly Fee
Hours Rate
59 20 1180 $105.00 $123,900.00
Total Not to Exceed Fee: $123,900.00
The above -referenced not -to -exceed amount includes all expenses that Consultant may incur as part of
this project, including, but not limited to, all costs associated with parking, mileage, deliveries, and
copies. The parties hereto agree and understand that the City shall not be liable and the Consultant
shall not make a claim against the City for any such expenses.
Year Month
Week Starting
Hours per
Hourly Rate
Total Notes
Week
2020 Aug
3-Aug
0
$105.00
$0.00
10-Aug
0
$105.00
$0.00
17-Aug
20
$105.00
$2,100.00
24-Aug
20
$105.00
$2,100.00
Sept
31-Aug
20
$105.00
$2,100.00
7-Sep
20
$105.00
$2,100.00
14-Sep
20
$105.00
$2,100.00
21-Sep
20
$105.00
$2,100.00
28-Sep
20
$105.00
$2,100.00
Oct
5-Oct
20
$105.00
$2,100.00
12-Oct
20
$105.00
$2,100.00
19-Oct
20
$105.00
$2,100.00
26-Oct
20
$105.00
$2,100.00
Nov
2-Nov
20
$105.00
$2,100.00
9-Nov
20
$105.00
$2,100.00
16-Nov
20
$105.00
$2,100.00
23-Nov
20
$105.00
$2,100.00
Dec
30-Nov
20
$105.00
$2,100.00
7-Dec
20
$105.00
$2,100.00
14-Dec
20
$105.00
$2,100.00
21-Dec
20
$105.00
$2,100.00
28-Dec
20
$105.00
$2,100.00
Subtotal2020:
400
$105.00
$42,000.00
Year Month
Week Starting
Hours per
Hourly Rate
Total Notes
Week
2021 lan
4-Jan
20
$105.00
$2,100.00
10-Jan
20
$105.00
$2,100.00
18-Jan
20
$105.00
$2,100.00
25-Jan
20
$105.00
$2,100.00
Feb
1-Feb
20
$105.00
$2,100.00
8-Feb
20
$105.00
$2,100.00
15-Feb
20
$105.00
$2,100.00
22-Feb
20
$105.00
$2,100.00
Mar
1-Mar
20
$105.00
$2,100.00
8-Mar
20
$105.00
$2,100.00
15-Mar
20
$105.00
$2,100.00
22-Mar
20
$105.00
$2,100.00
April
29-Mar
20
$105.00
$2,100.00
5-Apr
20
$105.00
$2,100.00
12-Apr
20
$105.00
$2,100.00
19-Apr
20
$105.00
$2,100.00
26-Apr
20
$105.00
$2,100.00
May
3-May
20
$105.00
$2,100.00
30-May
20
$105.00
$2,100.00
17-May
20
$105.00
$2,100.00
24-May
20
$105.00
$2,100.00
Jun
31-May
20
$105.00
$2,100.00
7-Jun
20
$105.00
$2,100.00
14-Jun
20
$105.00
$2,100.00
21-Jun
20
$305.00
$2,100.00
July
28-Jun
20
$105.00
$2,100.00
5-Jul
20
$105.00
$2,100.00
12-Jul
20
$105.00
$2,100.00
19-Jul
20
$105.00
$2,100.00
26-Jul
20
$105.00
$2,100.00
Aug
2-Aug
20
$105.00
$2,100.00
9-Aug
20
$105.00
$2,100.00
16-Aug
20
$105.00
$2,100.00
23-Aug
20
$105.00
$2,100.00
Sept
30-Aug
20
$105.00
$2,100.00
6-Sep
20
$105.00
$2,100.00
13-Sep
20
$105.00
$2,100.00
20-Sep
20
$105.00
$2,100.00
27-Sep
20
$105.00
$2,100.00
Subtotal2021:
780
$105.00
$81,900.00
2280 $105.00 $123,900.00
Exhibit C
Schedule
Services will be provided for the duration of 14 months (August 17, 2020 — October 2021), unless the time is
extended in writing by the parties. In any event, it is expressly understood and agreed that Consultant will perform its
services in a manner so as not to delay the work of the Contractor or the services of the Design Professional.
ACORO® CERTIFICATE OF LIABILITY INSURANCE
DATE (MWDDIYYYhr1
mrJm2o2o
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsements).
PRODUCER
MARSH USA INC
1717 Arch Street
CONTACT
NONE:
PHONE FAX
INC. No),
Philadelphia. PA 19103
E41AIL
INSURER AFFORDING COVERAGE
-NAILS
INSURER A: Zurich Anw an Insurance Coqmrwy
16535
CN102872182Stand-PP-20-21
INSUREoMdl Irderrlatrlal, Inc.
o
INSURER o : American Guarantee 3 Liab2' Ins Co
26247
INSURER C :
Ate Erin Leschak
One Commerce SQL
2005 Market Street 171h Fbor
INSURER D :
PtBadelphis PA 19103
INSURERE:
INSURER F -
COVERAGES CERTIFICATE NUMBER: CLE4M94144-01 REVISION NUMBER: 2
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFF
POLICY EXPLTR
LIMITS
X
COMMERCIALGENERALLIABILrTY
CLAIMS401AOE X OCCUR
- — - --- - -
AGGREGATE LIMIT APPLIES PER:
PRO -
POLICY C LOC
OTHER:
GLO48%794.40
0510112020
ONI/2021
EACH OCCURRENCE
f zow.Dw
GENL
DAMAGE TO RENTED
PREMISES EaoeWar
f 1.0m.000
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f 10.000
PERSONAL E ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
S 4,000.0W
PRODUCTS - COMPIOP AGG
f 4.000.000
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A
AUTOMOBILE LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOSONLY AUTOS
HIRED X NON -OWNED
AUTOSONLY AUTOS ONLYIPW
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BAP34 870'
05MI
05/0112021
COMBINED1 L LIMI
fIEP 1000.000
BODILY INJURY (Per person)
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BODILY INJURY (Per accident)
f
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f
S
X
UMBRELLA LIAR
EXCESS LIAR
X
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EACH OCCURRENCE
$ 10,000.000
AGGREGATE
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DED RETENTIONS
S
A
woRNERscoMPENsATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETORIPARTNERIEXECUTrvE YE
OFFICE W MEMBER EXCLU D E09
(Mandatory In NH)
If yyeesa dewitb under
DESCRIPTION OF OPERATIONS below
N ! A
WC4886795.11
1
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E.L. EACH ACCIDENT
$ 1,000.000
E.L. DISEASE - EA EMPLOYEE
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E.L. DISEASE - POLICY LIMIT
f 1.000,000
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PROF. LIAB-ARCHITECTS S ENG.
6 CONTRACTOR'S POLLUTION
EOC 9482357.09
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DESCRIPTION OF OPERATIONS I LOCATIONS $ VEHICLES (ACORD 101, Addlaonal Remarks Schedule, may be attacMd H men ■pea Is required)
RE: HA OppW344 —Animal Services and Adoptm Shefter
City of Baybwn abng with their respedive officers, dtrectom agents and employees are fisted as Additional insureds as respects General Liability and Autanobde LWAly but solely in regards to work being
performed by or on behalf of the named insured as requaed by ftw entities with whom the named insured exeades a miller oontrad.
City of Bayw"
Atn Unda Newsted
P 0 Box 424
Baytown, TX 77522-0424
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
of Marsh USA Inc.
Manaahl Mukherjee _141ALNAa931a.:
01988.2016 ACORD CORPORATION. All riahts reserved
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos.1, 2.3. 5. and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
12020-651281
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Hill International, Inc.
Dallas, TX United States
Date Filed:
07/30/2020
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Baytown
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
PA1903
Inspection Services
Nature of interest
4
Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party. ❑
X
6
UNSWORN DECLARATION
�7
My name is �,.— �� and my date of birth is �Z 1,1 %at
My address is 107 �7 �"> L W- ' * •L� � 1`'i ��� ' �I �s u'�►
(street) (city) (state) (Lp code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
w�
Executed in ®�t�T61 County, State of 1 �• 7 on the '-- day of �, 20
(month) (year)
Signature of authorized hent of contracting business entity
(Declarant)
c...w... .......;AnA M. Tnvnc C+4.inn r`nmmiccinn %ennn►1 cthirc ctato he uc Version V1.1.3a6aaf7d
V.
City of Baytown
CHAPTER 2271 VERIFICATION
To the extent applicable and pursuant to Section 2271.002 of the Texas Government Code 1,
Robert A. Ferguson , the undersigned representative of
Hill International, Inc. (Company Name), do hereby verify ((at the above -
referenced company does not boycott Israel and will not boycott Israel during the term of die contract to be entered
into with the City of Baytown. II
In making this verification, I understand that the following definitions apply:
1. "Boycott Israel" means refusing to deal with, terminating business activities wit}, or otherwise taking any
action that is intended to penalize, inflict economic hann on, or limit commercial ,Telations specifically with
Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not
include an action made for ordinary business purposes; and
2. "Company" means a for -profit sole proprietorship, organization, association, corp Dration, partnership, joint
venture, limited partnership, limited liability partnership, or any limited liabili y company, including a
wholly owned subsidiary, majority -owned subsidiary, parent company or affi fate of those entities or
business associations that exist to make a profit.
EXECUTED this the ' day of JUIy , 2029
Hill International, Inc.
ToZ Name KIWI
Signature
Robert A. Ferguson fi
Printed Name
I
Senior Vice President
le
STATE OF TEXAS
COUNTY OF HARRIS §
Before me, the undersigned notary ubli , on this day personally
appeared RJ40e" the (Title) of
"ilk JAL (Company Named, known to me to be the person whose name is
`1to the foregoing instrument, who after by me being duly sworn. did swear and affirm that the
�.�� a� sand correct. 4
er my hand and seal of office this ;day of _ _ _., 20 2Q
9
oFy:N t and or the of Texas
i�si,expires: -4. Z8. 20V
Ong. Dept. Filell.D. No.:
INSTRUCTION. ENTITIES USING AN ASSUMED NAME SHOULD DISCLOSE SUCH FACT TO AVOID
REJECTION OF THE AFFIDAVIT THE FOLLOWING FORMAT IS RECOMMENDED:
CORPORATFILEGAL NAME DBA ASSUMED NAME.
STATE OF Texas
AFFIDAVIT OF OWNERSHIP OR CONTROL
COUNTY OF Hams
BEFORE ME. the undersigned authority, on this day per Ponally appeared
Robert Ferguson [FULL NAME] (herginafter "Affiant"),
Senior Vice President [STATE TITLEICAPACTTY WITH
CONTRACTING ENTITY] of Hat international Inc [CONTRACTING
ENTITY'S CORPORATE/I.EGAL NAME] ("Contracting Entity"), who being by me duly sworn on
oath stated as follows:
I. Affiant is authorized to give this affidavit and has personal knowledge of
the facts and matters herein stated.
2. Contracting Entity seeks to do business with the City in connection with
Public Safety Building and Animal Control Facility__ [EJESCRI" PROJECT
OR MATTER] which is expected to be in an amount that exceed $50,000.
3. The following information is submitted in connection with th proposal,
submission or bid of Contracting Entity in connection with the above
described project or matter.
4. Contracting Entity is organized as a business entity as noted below (check
box as applicable).
FOR PROFIT ENTITY: NON-PROF]1 ENTITY: 1
[SOLE PROPRIETORSHIP tjNON PROFIT CORPORATION
[� CORPORATION Cj UNINCORPOR.ATED1ASSN.
PARTNERSHIP
LIMITED PARTNFRSHIP
Q JOINT VENTURE
[]LIMITED LIABILITY COMPANY I
[] OTHER (Specify type in space below)-
5. The information shown below is true and correct for the Contracting
Entity and all owners of 5% or more of the Contracting Entity and, where
the Contracting Entity is a non-profit entity, the required infolrmation has
been shown for each officer. [NOTE: IN ALL CASES, USE FULL NAMES,
LOCAL BUSINESS AND RESIDENCE ADDRESSES AND LEPHONE
Affidavit of Ownership or Control. Page I
Orig. DcpL. File/I.D. No.:
NUMBERS. DO NOT I. SE POST OFFICE BOXES FOR ANY ADDRESS
IVCLUSION OF E-MAIL ADDRESSES IS OPTIONAL, BUT RECO ENDED.
ATTACH ADDITIONAL SHEETS AS NEEDED.]
Contractine Enti
Name: Hill International, Inc.
t!`
O.�Cm'ew Syve, 2G05 YiW�SL 118. R
Business Addres NO./STREET]
Philadelphia, PA 19103
[CITY/STATE/ZIP CODE]
Telephone Number ( 215) 309-7700
Finail Address [OPTIONAL]
Residence Address [NOJSTREET] N/A
[CITY/STATE/ZIP CODE] N/A
Telephone Number [OPTIONAL] N/A
Email Address [OPTIONAL]
5% or More Owners)/Officers of Non -Profit Corporation
(IF NONE, STATE "NONE.")
Name:
Bushes_ Addres NO STREET
[CTPY/STATE/ZIP CODE]
Telephone Number l�
Email Address [OPTIONAL] • _
Residence Address [NO./STREET) _
[CITY/STATE/ZIP CODE]
I elephone Number [OPTIONAL]
Email Address [OPTIONAL]
6. Optional Information
Contracting Entity
WA --
Affidavit of Ownership or Control. Page 2
and/or
["TAME OF
Ong Dept _ File/I.D. No.:
OWNER OR NON-PROFIT OFFICER] is actively protesting, ehaUenging or
appealing the accuracy and/or amount of taxes levied against
NIA [CONTRACTING ENTITY,
OWNER OR NON-PROFIT OFFICER] as follows:
Name of Debtor:
Type of Debt:
Account Nos.:
Case or File Nos.:
Attorney/Agent Name-
Attorney/Agent Phone No.: - -
Delinquent Years/Months.
Status of Appeal [DESCRIBE]:
Affiant certifies that he or she is duly authorized to submit the abode information on
behalf of the Contracting Entity, that Affiant is associated with the Contracting Entity in the
capacity noted above and has personal knowledge of the accuracy of the inlip rmation provided
herein, and that the information provided herein is true and correct to the best Uf Afliant's
knowledge and belief.
`+,,rrrrrrrr' Robert A. Ferguson. Senior Vice President
0 SUE H,q�%,� Affiant
R AND SU13SCRIBFD before me this day of 20 7A
1�Xry C%
. 3jr•' •`�� goa*ublic in and for State of
.,4pR
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NOTE:
This affidavit constitutes a government record as defined by Section 37.01 of the Texas Penal
Code. Submission of a false government record is punishable as provided in Section 37.10 of the
Texas Penal Code.
Attach additional pages if needed to supply the required names and ddresses.
R W,aten\Ftle%kCotttractclAffidtavn of Ownership or Control doc
Affidavil of Ownership or Control, Page 3