Ordinance No. 14,594ORDINANCE NO. 14,594
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH EDMINSTER,
HINSHAW, RUSS & ASSOCIATES, INC., D/B;A EHRA, FOR THE DEVELOPMENT
OF A MASTER LAND USE PLAN AND OVERALL DRAINAGE PLAN FOR 325
ACRES WITHIN THE SAN JACINTO BOULEVARD AREA; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED
ONE HUNDRED THIRTY-SIX THOUSAND AND N0.100 DOLLARS ($136,000.00);
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
Edminster, Hinshaw, Russ & Associates, Inc., d/b/a EHRA, for the development of a master land use plan
and overall drainage plan for 325 acres within the San Jacinto Boulevard area. 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 Edminster,
Hinshaw, Russ & Associates, Inc., d/b: a EHRA, in an amount not to exceed ONE HUNDRED THIRTY-
SIX THOUSAND AND NO.!100 DOLLARS ($136,000.00) for professional services in accordance with
the agreement authorized in Section I 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 N01100 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° 0)•
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 b ve vote of the City cil of the City of
Baytown this the 17°i day of November, 2020.
DON APETILLO, M yor
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R: Karen Horner Documents Files City Council Ordinances 2020 November 17 EHRAConsultingServices4MasterLandUsePlan&DrainagePlan.doc
Exhibit "A"
AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") entered into by and between Edminster, Hinshaw, Russ &
Associates, Inc., d/b/a EHRA (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/planning services for
the San Jacinto Boulevard Master Land use Plan and Overall Drainage Plan (the "Work"), which
entails approximately 325 acres predominately within the Tax Increment Zone No. 1, City of
Baytown, Texas and is generally located south of Interstate 10 (I-10), west of Garth Road (more
specifically west of San Jacinto Mall), north of Cedar Bayou Lynchburg Road, and east of John
Martin Road.(the "District") for and on behalf of the City. The scope of the Work is detailed in
Exhibit "A." The compensation and professional fees, including all reimbursable expenses, for
Consultant and its subconsultants is more particularly described in Exhibit "B" and shall not
exceed ONE HUNDRED THIRTY-SIX AND NO/100 DOLLARS ($136,000.00). 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 in accordance with Exhibit "A"
based upon monthly progress reports and detailed invoices submitted by the
Consultant. Consultant's compensation shall not exceed the above -referenced
amount without written authorization in the form of a contract amendment.
b. Consultant shall invoice based upon total services actually completed during the
applicable month. Invoices and all required or requested backup information 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.
C. 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 Christopher Browne, LEED AP, to serve as Project
Manager for the Work performed under this Agreement. Any change of Project
Agreement for Consulting Services, Page 1
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.
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.
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
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. Opinion of probable cost shall be
based upon the consultant's experience and represent its best judgement as an
experienced and qualified professional. Each submittal of opinion of probable
cost shall be commensurate with the project design.
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.
(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
Agreement for Consulting Services, page 3
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.
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. Consultant's obligation to render services specified in
Exhibit B will be for the entire period necessary for the final completion of the construction of
the Work. If the Consultant contributes to any delay in the schedule, Consultant will have no
right to seek and shall not be entitled to any additional compensation.
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
Agreement for Consulting Services, Page 4
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:
l , 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.
Business Automobile Policy
■ Combined Single Limits: $1,000,000
■ Coverage for "Any Auto"
■ Waiver of Subrogation required.
3. Errors and Omissions
■ Limit: $1,000,000 for this project.
■ For all architects, engineers, and/or design companies
■ Claims -made form is acceptable
■ Coverage will be in force for 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.
Agreement for Consulting Services, Page 5
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.
3. Liability policies must be on occurrence form. Errors and Omissions can
be on claims -made form.
4. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except
after 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
policies and/or certificates of insurance shall be furnished to the City.
7. Upon request and without cost to the City, loss runs (claims listing) of any
and/or all insurance coverages shall be furnished to the City.
8. All insurance required herein shall be secured and maintained in a
company or companies satisfactory to the City, and shall be carried in the
name of 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
Agreement for Consulting Services, Page 6
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
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
Agreement for Consulting ervices, Page
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 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;
(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.
Agreement for Consulting Services, Page 8
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
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.
Agreement for Consulting ervic c, Page 9
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
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:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522-0424
For Consultant:
EDMINSTER, HINSHAW, RUSS & ASSOCIATES, INC.
D/BlA EHRA
Attn: President
10011 Meadowglen Lane
Houston, TX 77042
Agreement for Consulting Services, Page 10
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.
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.
Agreement for Consulting Services, Page 11
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 deemed to be an original, 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
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
Agreement for Consulting Services, Page 12
EDMINSTER, HINSHAW, RUSS &
ASSO 'IATES, I C., D/B/A EHRA
(Signature)
(Printed Name)
(Title) _
STATE OF TEXAS
COUNTY OF HARRIS
Before me onis day ersonally appeared ] , in his/her
capacity as Vt U, 4e of Edminster, Ainshaw, Russ & Associates, Inc.,
d/b/a EHRA, on behalf of such corporation/ other,
[VK known to me;
F1 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 this day ofeli'�'d , 20��f
``��pYpv�i�4 LACEY BELL
S�: � Notary Public, State of Texas Notary Public In and 0 the State of Texas
Q Comm. Expires 08-02-2022
Notary ID 129874643
R:'Karen Horner0ocuments\Files\Engineering\Engineering Agreements\EHRA Engineering\Draft Agreement 10.28.2020 (003).doc
EXHIBIT "A"
Agreement for Consulting Services, Pagc 13
SCOPE OF SERVICES
A. BASIC SERVICES
The Scope of the Project is, in general, to manage a comprehensive study of the land
uses, drainage, and jurisdictional issues regarding new development within the District.
The City/TIRZ seeks creative input to guide future development so that the maximum
potential for the District can be realized. The Consultant will work closely with City staff
in order to better evaluate the City's goals. The Engineer will also review the City's
Comprehensive Plan and TIRZ regulations and make recommendations for any necessary
additions or modifications which must be codified in order to support the intention of the
final study proposals. The Consultant will present its findings to the City of Baytown
TIRZ Board, Planning Department, Planning and Zoning Commission and/or City
Council as determined during project scope meetings. The study shall include the
following components:
1. Overall Master Land Use Plan for the District
a. A study of the current surrounding land uses will be prepared and
maps/reports illustrating the area will be presented.
b. Consultant will prepare schematic land use plans for the District that
address all City/TIRZ goals for future development.
i. Subdivision of tracts, additional street alignments, drainage
locations and existing utilities will be considered.
ii. Appropriate land uses will be proposed based on access, visibility,
market study information, and design opportunities.
iii. Proposed land uses will include but may not be limited to
commercial, civic, mixed -use, multi -family residential, single-
family residential, open space, recreation, parking and
transportation, drainage and detention.
C. A vision will be proposed for the District that outlines a desired land use
character, building types, materials, landscaping, phasing, etc.
i. Illustrative graphics suitable for print and electronic formats will
be prepared to communicate the proposed District vision.
ii. Ordinance/code changes that help meet the City/TIRZ goal of
creating a vibrant, mixed -use district will be detailed in the report.
2. Overall Drainage Plan for the District
a. The tracts are within the Goose Creek watershed and are served by
HCFCD laterals 0113-00-00. A master drainage plan will be developed
for the undeveloped TIRZ properties which will entail reviewing previous
development drainage reports to understand the current design conditions,
developing and updating hydrologic and hydraulic models for current
Harris County Flood Control District criteria (Atlas 14), design of a
drainage system that provides sufficient capacity for the ultimate
development of the project site, developing proposed condition hydrologic
and hydraulic models of the proposed improvements, and submitting a
report to IICFCD for final review and approval. This study will include
Exhibit ," Page I
evaluating the Goose Creek floodplains and developing a floodplain fill
mitigation plan for the undeveloped TIRZ areas.
b. Site specific, regional and sub -regional drainage solutions will be
considered, including guidance on project phasing in order to allow
development to occur in conjunction with appropriate drainage
availability.
C. Low Impact Development techniques will be studied and suggested for
implementation throughout the study area and among all drainage
components. Recommended options will be detailed in the final report.
B. ADDITIONAL SERVICES
If authorized by City in writing, Consultant will furnish, or obtain from others, Additional
Services not included in the Basic Services. Additional Services required by City, which
may arise and are not outlined in the Basic Services, may include any modifications or
revisions by the City to drawings, illustrations or reports due to design changes associated
with alteration to the City -approved final maps and report, design of non-standard
structures, preparation of easements by separate instrument, preparation of plats,
topographic mapping and surveying, etc. Consultant has identified the necessity of
nearby market study information to guide land use programming which must be provided
by the City or obtained from others by a separate additional service contract. Any
additional work will not be performed without prior written authorization from City.
Exhibit"A," Page 2
EXHIBIT "B"
COMPENSATION
BASIC SERVICES
Compensation for the Basic Services will be provided for a fixed fee of ONE HUNDRED
THIRTY-SIX THOUSAND AND NO/100 DOLLARS ($136,000.00) based upon the following:
1.1 Existing conditions base mapping
$2,280
1.2 Inventory/analysis summary
$6,355
1.3 Kickoff meeting w/ City staff
$1,170
1.4 Surrounding land use map
$3,230
1.5 Opportunities & Constraints Map
$5,385
$1SAD
2.1 Drainage investigation
$6,750
2.2 Outfall depth and fill calculations
$3,630
2.3 Low Impact Development options
$8,640
2.4 Facilities location & sizing
$5,730
2.5 Internal Charrette
$3,660
$28 410
3.1 Market research & analysis
$6,310
3.2 Schematic site planning
$16,800
3.3 Land Use programming
$9,120
3.4 Review meeting w/ City
$1,170
3.5 Visioning Charrette
$3,060
4.1 Detailed Site Planning
$17,760
4.2 Final visioning graphics
$11,160
4.3 Final Report
$22,620
4.4 Presentation to City
$1,170
$52,710
ADDITIONAL SERVICES
Additional Services will be performed on an hourly basis according to the attached Hourly Rate
and Reimbursement Schedule or negotiated to a fixed fee. Any work not specified above that
may arise will be covered under the Additional Services section and as such, Consultant will not
proceed with any Additional Services without prior written authorization by Client. 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.
Exhibit " ," Page 1
Hourly Rate and Reimbursement Schedule
PROFESSIONAL SERVICES PERSONNEL HOURLY RATE
Principal
$240 .00
Dept. Manager/ Senior Engineer/ Engineer VIII
215.00
Senior Project Manager (Engineer VII)
195.00
Senior Survey Project Manager/RPLS
195.00
Project Manager (Engineer VI)
180.00
Survey Project Manager/RPLS
165.00
Asst . Project Manager (Engineer V)
155.00
GIS Specialist
130.00
Senior Project Engineer (Engineer IV)
145.00
Project Engineer (Engineer II,111)
130.00
Assistant Project Engineer (Engineer I)
105.00
Registered Landscape Architect
150.00
Project Landscape Designer
125.00
Design/Production Manager
175.00
Senior Design CAD Technician
135.00
Senior Survey CAD Technician
135.00
Design CAD Technician
120.00
CAD Technician
95.00
Senior Land Planner
165.00
Land Planner
120.00
Assistant Land Planner
100.00
Senior Platting Coordinator
115.00
Platting Coordinator
105.00
Sr. Construction Project Manager
175.00
Construction Project Manager
155.00
Asst. Construction Project Manager
110.00
Project Site Representative
100.00
Construction Management Specialist
95.00
Accounting Administrator
130.00
Administrative Assistant
85.00
Clerical
80.00
Survey Field Supervisor
130.00
Survey I Person GPS/Robotic Crew
140.00
Survey Party Chief
90.00
Survey Instrument Person
65.00
Survey Rod Person
35.00
REIMBURSABLE&
Delivery
Cost + 10%
Outside Reproduction
Cost + 10%
Blackline Prints
$0.30/ft2
Mylars
$2.7S/ft2
Sub -Consultant Fees
Cost + 10%
Outside Abstracting, Documentation, Deed
Cost + 10%
Research Advertising
Cost + 10%
Plan Review Fees, Governmental Fees
Cost + 10 %
Exhibit "B," Page 2
EXHIBIT "C"
SCHEDULE
The Work shall be completed within 120 calendar days after receipt of a notice to proceed.
" ," Page Solo