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Ordinance No. 12,374ORDINANCE NO. 12,374 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY HORN AND ASSOCIATES, INC., FOR THE BAYTOWN LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENT PLAN PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTY -THREE THOUSAND SEVEN HUNDRED FIFTY AND NO /100 DOLLARS ($73,750.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ttitiiii Yiti# tttHtt }ttflttfff #Nt4tttfftttttiiYit YYiiittiYYi M ##f4M!#4Hlfiltftii Y• 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 Professional Services Agreement with Kimley Hom and Associates, Inc., for the Baytown Land Use Assumptions and Capital Improvement Plan Project. Section 2: That the City Council of the City of Baytown authorizes payment to Kimley Hom and Associates, Inc., in an amount not to exceed SEVENTY -THREE THOUSAND SEVEN HUNDRED FIFTY AND N01100 DOLLARS ($73,750.00) for professional 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 NO /100 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 f and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vo the City Council of the City of Baytown this the I' day of October, 2013. // Mayor APPROVED AS TO FORM: ACIO RAMIREZ, SR., City omey RWmnTiIm%Ciry CwMo WfdlnNaW 3 \0uoM n I \KimlryHmM rt ml<Iu UaeNmmp,ion&CapilatIMpm nenbY1mFojen1I ctFeea doc Exhibit "A" AGREEMENT FOR PROFESSIONAL, SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This Agreement (this "Agreement ") entered into by and between Kimley -Horn and Associates, Inc., (hereinafter (the "Professional ") and the City of Baytown, a home -rule municipality located in Harris and Chambers Counties, Texas (the "City "). 1. Scope of Services/Professional Fees This Agreement authorizes Professional to perform professional engineering and consulting services for the the City's Land Use Assumptions and Capital Improvement Plan Update Project (the "Work ") for and on behalf of the City. The compensation for Professional, including reimbursable expenses, shall be on the basis described in Exhibit "A" and shall not exceed SEVENTY- TI-LREE THOUSAND SEVEN HUNDRED FIFTY AND N0 1100 DOLLARS ($73,750.00). The time schedules for the Work are attached as Exhibit "B." The scope of the work is as detailed in Exhibit "C." Each of these Exhibits "A" through "C" is incorporated into this Agreement by reference for all purposes. 2. Progress Reports Professional shall provide written progress reports to the City regarding the Work and oral reports as requested. Such progress report shall identify the projected time and cost required by the Professional to complete the remaining phases of the Work required under this Agreement. 3. Personnel of the Professional a. Professional's Project Manager n Professional shall designate 6Art6 -grt(A C Ct��+ _, 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 Engineers Professional shall keep a full -time registered engineer 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 Professional's Employees Prior to commencement of the Work, Professional 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, engineers. d. Rejection of Professional's Employees The City reserves the right to approve or reject from the Work any employees of the Professional. 4. Designation and Duties of the City's Representative a. The City's Director of 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 Professional'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. clothing 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. The Professional shall perform all services under this Agreement with the care and skill ordinarily used by members of Professional's profession practicing under the same or similar circumstances, time and locality. Professional 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. Professional 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 furnished on any City project shall be in accordance with ASTM, ACI, TxDOT, 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. (S) The codes and standards used in the profession set forth minimum requirements. These may be exceeded by the Contractor or the Professional 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. The Professional shall state the alternative codes and regulations used. (6) Professional agrees the services it provides as an experienced and qualified engineer will reflect the professional standards, procedures and performances common in the industry for this project. Professional 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) Professional shall promptly correct any defective analysis caused by Professional at no cost to City. The City's approval, acceptance, use of or payment for all or any part of Professional's services hereunder or of the Work itself shall in no way alter Professional's obligations or the City's rights under this Agreement. As applicable, Professional 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. 6. Schedule Professional 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, Professional grants to the City an ownership interest in the Instruments of Service. Professional shall obtain similar interests from the City and Professional's consultants consistent with this Agreement. As noted in Articles S & 11, Professional 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 tit, including, but not limited to, subsequent construction, reconstruction, alteration, and/or repairs of the Project. 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 Professional 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 Professional, its agents, representatives, volunteers, employees or subconsultants. a. Professional'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 Professional's insurance and shall not contribute to it. Further, Professional shall include all subconsultants, agents and assigns as additional insureds under its policy or shall furnish separate certificates and endorsements for each such person or entity. All coverages for subconsultants and assigns shall be subject to all of the requirements stated herein. The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: Commercial General Liability • General Aggregate: $2,000,000 • Products & Completed Operations Aggregate: $1,000,000 • Personal & Advertising Injury: $1,000,000 • Per Occurrence: $1,000,000 • Fire Damage $50,000 • Coverage shall be at least as broad as ISO CG 00 02 12 07 • No coverage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance. 2. Business Automobile Policy • Combined Single Limits: $1,000,000 • Coverage for "Any Auto" 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 construction of the Project is completed. 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. 4 1. Insurance carrier for all liability policies must have an A.M. Best Rating of B +:VIII 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 certified 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 Errors and Omissions Policy 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. 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 Professional. Professional shall provide copies of insurance policies 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 OWNER, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREAFTER REFERRED TO AS "OWNER ") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH AN E 9 si ;uq; (sai;aud .pity; .taq )o .ro `soagoldwo aray; b;aaay sat ;aud aq; 3o aaq ;ta jo ;tsq; aq 4aadoad aq; taq;aynt) �4.todoad o; a2uwup .ro jo ssol ,CUB pug (sat;.rud pa!q; .taq ;o to `saaAoldwo alaq; lop iaq sal;aud aq; Jo aaq ;la oq fay; aagjagAk) uosaad Auu ,lo q ;uap ao o; Ainfui Auc .to3 `joaaaq; asualap jo;soo aq; 2ulpnloui `aa ;auat:yo puu purl ktana ,lo uor;ou ,lo sasnuo pun `spuuwap `suriula llu woa0 saaA( ldwa puu `s;ua2u `saaaUjo s ;l `,C ;l� aq; sa�auyostp puu sagsmburlaa `sasualaa ,Cgaaaq puu aapunaaaq pawao3aad �laont s ;l aol f4i1lglsuodsaa llnj sawnssu luuolssaJoad •f4tunwwr u310aan09 s,Mlj aq; aniunt ao ;iwp o; se os pans ;suoa aq flays viaaay $uly ;off •e *t:) a ;t; ;s alquollddu ao `aa ;auyo Aut; 14uawaaa2t: ao ;aua ;uoa aaq ;o .Cur. ao ;oua ;uoD s :q; ,lo swag; ay; Aq p31119a2 anuq ,Guar ;i ;uy; uol ;uNt ;ll o; ;uasuoo SUB saIlonaa Alssaadxa ,Cgaaaq 41Z) aq; pun ` ;Ins ao uol ;di ;il o; ;uasuoa ;ou saop 14lD aq; ` ;uawaaaV siq; XQ ',Lmawaa210V SIHJ. dO NOI1VHIdX3 HOAIMV NOIJ.VNIWUgJ. 9H.L HAIANfIS rIrIVHS 9AOSVNIa H9H GHWA021d AJ INWgaNI ala '2IgNMO 3HJ. OJ. 2IrIffVJ.d2DDV rIaSNf103 rIVOlarl AS ONI(IMO Id 210 NOIJ DV 51HJ. Q 149(i O,L SJ.NVNaA00 QNV Saa21oV WaHlHad INVIIMNOO `GaMININUQNI SI 2HNMO alu HOIHM NONA 23NMO 21HJ. ISNIVOV .LH0flONH SI JNIQ933021d NO NOIJ,OV ANV J.VHJ. INHAH 5IHJ. NI 'SgIJUVd SJ,NVJ.rIf1SNOO 3HI NVHI 113HJ,O NOS2I3d ANV 30 2IaN391703N 3HJ. 1NONA SJ.MSHH NO AS QASfIVO SI J.VH.L SNoma 3o aJVINVQ AJ.2IUd021d NO `HJ,V'WI `AIMMI rIVNOSH3d 3HJ. INONA ONISIEV A.LPIIUVIrI OJ. `2H2[AgMOH `ArlddV ION rIrIVHS A.LINW3(INI HOf1S 'J,NaW2I3 I0V SIHJ, HJ.IM NOIJ 39NNOD NI NO 30 J.f10 ONISIHV SJ.Na NAVd rRMVW OJ. SaHnrllV3 QNV `SJ:N�iN�0NI2i3NI AJ.2I�d02id rIVnJ.O�'Ir1�.LNI `S.L2i0J. 'IVNOIJ.N�.LNI S�IJ.2IVd SJ.NVJ.rIf1SNOO �H.L SV rIrI�M SV �ON�OI'IO�N 3rIOS 2I0 .LNIOf `.LOnQNOOSIiN r1f13rIrIIM NMO S�IJ.2IVd SJ,NVJ.'InSNOO �o s�oN�na�sNO� �HJ. IN02i3 2I�NM0 J.��J.02Id QNV A3INNi�QNI OJ. J.NVJ.rIf1SN00 AS A,LINiN�QNI SI HdV2i0V2IVd S1HJ. NI 2103 Q�QIA02Id A.LININ�QNI �H1. J.VH.L `2I�NM0 QNV J.NVJ.rIf1SNOO HJ.Og `0J.�2I�H S�I.L2IVd �HJ. d0 NOI,LN�,LNI Q�SS�2IdX� �H.L SI Zl '(S�IJ.21Vd SJ.NVJ.rInSN00 1LrI�AIJ.O37rI0O) 'IO2TJ.NOO S�S102I�X� .LNVJ.rInsNOO �HJ. HOIHM 2I�A0 AJ.IJ.N� 2i�H.LONV 210 `.LaV2I.LNOO 2i�QNn J.NV.L7nsNOo `,LN�OV SJ.NV,L7.f17 SHOO �HJ. 2i0 J.NV.LrInsNOo �H.L AS Q�J,.LIiNINOa 2I�I'IddnS 2i0 2IOJaOV2IJ.NOOgnS V AVd OJ. �21[17IV3 2I0 `.LN�Ni�0NI2IdN1 AJ,2i�d02id r1VnJ.O�7rI�.LN1 `J.2I0J, rIVNOIJ.N�J.NI `�ON�OIrIO�N d0 J.OV caused by or alleged to be caused by, arising out of, or in connection with Professional's work to be performed hereunder. This release shall apply with respect to Professional's work regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. 10. Subcontractors and Subconsultants Professional 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 subeonsultants and /or subcontractors shall be given to the City before execution of such contracts. 11. Termination of Professional 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 Professional of the City's election to do so. Furthermore, the City may immediately and without notice terminate this Agreement if Professional 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 Professional 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 Professional; (d) the dissolution of Professional; (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 wthin 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, Professional shall discontinue all services in connection with the performance of the Agreement. Within ten (10) days after receipt of the notice of termination, Professional 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, Professional shall also tender all of Professional's work product, whether complete or not, in an acceptable form and format to the City's Representative. No final payment will be made until all work product is so tendered. If this Agreement is terminated for cause, Professional shall be liable for any damage to the City resulting therefrom. This Liability includes any increased costs incurred by the City in completing Professional's work. 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 7 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 the subject of this Agreement. 13. Supervision of Professional Professional is an independent contractor and the City neither reserves nor possesses any right to control the details of the Work performed by Professional under the terms of this Agreement. 14. Billing The Professional shall invoice the City not more than once a month. The City shall have thirty (30) days to pay Professional's bills from the date of receipt of such bills. All bills 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. 15. Indebtedness. If Professional, 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 the Professional has incurred a debt, the City's Director of Finance shall immediately notify the Professional in writing. If the Professional 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 the Professional under this Agreement, and the Professional waives any recourse therefor. 16. Reputation in the Community Professional shall retain a high reputation in the community for providing professional engineering and testing services. Professional 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 engineering services and/or (b) seeks to deny the Professional the right to practice engineering services or to perform any other services in the state of Texas. 17. Payroll and Basic Records a. Professional 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. Professional 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 8 City's request therefor. Professional shall permit such representatives to interview Professional's employees during working hours on the job. 18. 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. 19. 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: For the Professional: CITY OF BAYTOWN Attn: City Manager P. O. Box 424 Baytown, Texas 77522 -0424 FAX: 281- 420 -6586 KiMLEY -HORN AND ASSOCIATES, INC. 12012 Wickchester Lane, Suite 500 Houston, TX 77079 FAX: 281 -597 -8032 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. 20. No Third Party Beneficiary This Agreement shall not bestow any rights upon any third patty, but rather, shall bind and benefit Professional and the City only. 21. No Right to Arbitration Notwithstanding anything to the contrary contained in this Agreement, the City and Professional hereby agree that no claim or dispute between the City and Professional arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, 9 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, Professional consents to be joined in the arbitration proceeding if Professional's presence is required or requested by the City for complete relief to be recorded in the arbitration proceeding. 22. 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. 23. Complete Agreement This Agreement represents the entire and integrated agreement between the City and Professional in regard to the subject matter hereof and supersedes all prior negotiations, representations or agreements, 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 Professional accept and agree to these terms. 24. No Assignment Professional may not sell or assign all or part interest in the 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. 25. Headings The headings used in this Agreement are for general reference only and do not have special significance. 26. 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. 27. 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. 28. 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 , 2013, the date of execution by the City Manager of the City of Baytown. CITY OF BAYTOWN' ROBERT D. LEIPER, City Manager ATTEST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney KIMLEY -HORN AND ASSOCIATES, INC. (Signature) (Printed Name) '-4p `vim (Title) STATE OF TEXAS § COUNTY OF HARRIS § Before me on this day personally appeared Z. sr'A , in his /her capacity as AG41sbwif Srcrc-fu� of Kimley -Horn and Associates, Inc., on behalf of such company, 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 this �hday of ycX�Tl�Yrlrx,4 C-Dr" SARAH UNDERWOOD �"•4�`�'`- Notary Public, State of Texas Notary Public in and for the State of Texas his• ��"` . rvty Commission Expiros .,. June 24, 2014 R: 1Knren %Files%EogineeringlEnginer. .ring Agreement slKimrey- NnrnlWater- W.ulcrvater rmpaua Fee UpdatelAgrcenrcnt.doc 12 Exhibit "A" Compensation Basic Services The City shall pay Professional for Basic Services as set forth in Exhibit C an amount not to exceed SEVENTY -THREE THOUSAND SEVEN HUNDRED FIFTY AND NO /100 DOLLARS ($73,750.00) on a time and materials basis based upon the rate schedule included hereinbelow. The cost for each task of the Project shall not exceed the following: Rate Schedule Support Staff /Technician ................ ............................... $ 60.00 to $110.00 Analyst ............................................ ............................... $130.00 to $160.00 Designer .......................................... ............................... $105.00 to $160.00 CAD Technician ............................. ............................... $135.00 to $150.00 Engineer /Professional ..................... ............................... $150.00 to $200.00 Senior Engineer i1 /Senior Professional II ...................... $195.00 to $235.00 Senior Engineer I /Senior Professional I ......................... $225.00 to $255.00 The above - referenced not -to- exceed amount includes all expenses that Professional 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 Professional shall not make a claim against the City for any such expenses. Additional Services Professional will perform additional services at a price agreed up6n by the parties in writing prior to the performance of such services. The City shall not be responsible or liable for any additional services performed by the Professional unless such additional services have been approved in writing prior to the performance of the same. Exhibit `B" Schedule Upon Professional's receipt of a notice to proceed from the City, Professional shall begin work on the Project and shall complete the tasks in accordance with the following schedule: 1 Complete Land Use Assumptions for Impact Fee (2013 -2023) and Deliver to October 15, 2013 the City 3 Complete Water and Wastewater Impact Fee CIP's and Deliver to the City November 15, 2013 4 Complete Water and Wastewater Impact Fee Draft Reports and Deliver to December 30, 2013 the City 5 Meet to review the Water and Wastewater Impact Fee Draft Reports January 12, 2014 6 Revise the Water and Wastewater Impact Fee Draft Reports and Deliver January 27, 2014 Final Reports to the City 7 Prepare Materials and Attend Capital Improvements Advisory Committee "CIAO February 25, 2014 Meetin s g Deliver Updated Final Rcport To The City Based Upon Commons From March 1, 2014 P& If An 9 Prepare Materials And Attend The Public Hearings Held By Tire City Mamh 20, 2014 Council 10 Prepare Materials and Attend City Council Meeting(s) concerning the April 10, 2013 Adoption ofthe Amended Impact Fee Ordinance. Should the City of Baytown determine that the schedule should be altered for any reason, the Professional understands and agrees that the Professional shall perform services through the adoption of the requisite ordinance(s) approving or disapproving the proposed amendment(s) of the Impact Fee Ordinance. Exhibit "C" Scope of Work In General: The Professional shall provide engineering and fiscal services associated with the City's 2011 Water and Wastewater Capital Improvements Plan and Maximum Impact Fee Determination Update, in accordance with Texas Local Government Code, Chapter 395 ( "Chapter 395 "). The scope of services will provide the City with the technical analysis required by Chapter 395 to determine the maximum assessable water and wastewater impact fee that may be assessed. In addition, the Professional will provide various presentations required by the City during the public hearing and adoption process. All services to be performed hereunder shall be performed on a system -wide basis. Task 1 — Land Use Assumptions The Professional shall prepare the land use assumptions for impact fees in accordance with Chapter 395. In this task, the Professional's services shall include, but not be limited to, the following: A. Data Collection. The Professional shall obtain information necessary to complete this task. The City shall assist by providing readily available data, subject to Section 4 of the Agreement, which may include the following: ➢ Comprehensive Master Plans, ➢ Building Permit History, ➢ Currently adopted land use assumptions for water and wastewater impact fees, and ➢ Maps, including: o Current Zoning Map; o Future /Current Zoning Map; o Future Land Use Plan Map; o City Limits and ET J Map; and o Most recent digital orthophotograph (DOQ) of the City. In order for the Professional to obtain any GIS shapefiles, such files must be specifically requested by Professional in writing. If such data is provided by the City, the Professional agrees that: I . Such data: a. is the exclusive property of the City, b. cannot be given, sold, or otherwise distributed to other parties in any way; and c. will be deleted and/or destroyed at the expiration or earlier termination of this Agreement; 2. after completion of the Project and prior to final payment by the City, the Professional shall provide a statement on company stationery to the Director of Information Services Department, certifying that the data has been deleted from all computers systems on which it was used or placed and that all other copies have been destroyed; and 3. certain data sets are licensed to the City, distribution of licensed data sets to unauthorized parties is a violation of the City's license agreement, which will result in irreparable damage to the City for which it may seek legal and equitable relief, including attorney's fees. All information provided by the City under this section shall be deemed to be confidential and the Professional has no right to retain the information and/or distribute it to third persons. B. ExistingNuture Land Use Assumptions. The Professional will utilize the City's most up -to -date Comprehensive Plan growth projections for Land Use purposes and shall incorporate information from Houston Galveston Area Counties (HGAC) to supplement the land use assumptions, as appropriate. C. Documentation. The Professional shall prepare land use assumptions, which will be incorporated into the Impact Fee Update reports. D. Meetings. The Professional shall attend meetings requested by the City, which shall include, but not be limited to, the following: ➢ kick off meeting; and ➢ meetings to review draft land use assumptions. The Professional shall also attend meetings with the City's Planning and Zoning Commission acting as the City's Capital Improvements Advisory Committee ( "CIAC ") to present the deliverables required for this task and meetings with the City Council to present the deliverables required for this task. Such meetings with the Commission and Council are included in Task 3 of this Agreement. Task 2 — Water and Wastewater Impact Fee Analysis The Professional shall prepare the Water and Wastewater Impact Fee Analysis in accordance with Chapter 395. In this task, the Professional's services shall include, but not be limited to, the following: A. Data Collection. The Professional shall obtain information necessary to complete this task. The City shall assist by providing readily available data, subject to Section 4 of the Agreement, which may include the following: ➢ Water and Wastewater Projects List; ➢ Water and Wastewater Usage History, which includes annual water usage and maximum day usage records for the past years for development of the service unit projection; ➢ Baytown Area Water Authority ( "BAWA ") water supply contract with the City; BAWA rate calculation with regards to the City's cost obligation for BAWA water delivery facilities; ➢ Existing and Future Water and Wastewater System Demands; ➢ Existing Water Pumping Capacities; ➢ Existing Wastewater Treatment Capacities; ➢ Existing Lift Station Capacities; and ➢ Existing System Maps Showing Water and Wastewater Infrastructure All information provided by the City under this section shall be deemed to be confidential and the Professional has no right to retain the information and/or distribute it to third persons. Any map provided by the City pursuant to this section shall be subject to the terms and conditions enumerated in Task I.A. B. System Improvements Evaluation. The Professional shall: Perform an analysis to determine if existing or future Baytown Area Water Authority (`BAWA ") facilities, to which the City has contributed or will contribute, may be accounted for as part of the Impact Fee Capital Improvements Plan; Work with the City to evaluate the proposed projects and document the reasoning for the proposed projects; ➢ Coordinate with the City to evaluate the improvements identified and determine the reasoning behind the need for each type of improvement identified by the City; and ➢ Prepare System Improvements Map - Prepare a map showing system improvements necessary. C. Infrastructure Capacity Criteria. The Professional shall coordinate with the City and shall obtain the criteria for determining the ten (10) year capacity of the following infrastructure: ➢ Future Water Transmission Lines (12 -inch and larger); ➢ Existing and Future Elevated Storage Tanks; Existing and Future Ground Storage Tanks; Existing and Future Water Pump Stations; > Existing Wastewater Lines that are 10 -inch and larger; ➢ Future Wastewater Lines (8 -inch and larger); ➢ Existing and Future Lift Stations; ➢ Existing and Future Force Mains; and ➢ Existing and Future Water and Wastewater Treatment Plants. D. Water Impact Fee Capital Improvements Plan. The Professional shall coordinate with the City and shall develop the Water Impact Fee Capital Improvements Plan, which will include the following infrastructure: Future Transmission Lines (12 -inch and larger); ➢ Existing and Future Elevated Storage Tanks; ➢ Existing and Future Ground Storage Tanks; ➢ Existing and Future Pump Stations; and ➢ Future Water Treatment Plant. The Professional shall prepare opinions of probable construction costs for future projects. E. Wastewater Impact Fee Capital Improvements Plan. The Professional shall coordinate with the City and shall develop the Wastewater Impact Fee Capital Improvements Plan, which will include the following infrastructure: Existing Trunk Lines that are 10 -inch and larger; ➢ Future Trunk Lines (8 -inch and larger); ➢ Existing and Future Lift Stations; ➢ Existing and Future Force Mains; and ➢ Existing and Future Wastewater Treatment Plants. The Professional shall prepare opinions of probable construction costs for future projects. F. Maximum Assessable Water and Wastewater Impact Fee Calculation. The Professional will calculate the additional service units based on the land use assumptions, then calculate the Impact Fee per service unit, unit equivalents by meter size and the Maximum Assessable Impact Fee table by meter size. The Professional shall calculate the maximum fee based on the 50% reduction methodology to determine the maximum assessable impact fee by service unit. G. Impact Fee Update Report. The Professional shall incorporate the information necessary for the water and wastewater impact fee update into a formal document. The Professional shall prepare and submit to the City three (3) hard copies and an electronic (.pdf) version of the draft report. H. Final Report. The Professional shall address City comments and prepare final reports. The Professional shall submit ten (10) hard copies of the reports and an electronic version in .pdf format. I. Meetings. The Professional shall attend meetings requested by the City, which shall include, but not be limited to, the following: ➢ meeting to kick -off the water and wastewater impact fee update; ➢ meeting to discuss and evaluate future improvements; and ➢ meeting to review Maximum Assessable Water and Wastewater Impact Fees. Task 3 — Public Hearings and Approval The Professional shall prepare documents and presentations for the public hearings and meetings concerning its services under this contract. In this task, the Professional's services shall include, but not be limited to, the following: A. The Professional shall prepare for and attend meetings as requested by the City, which meetings shall include, but not be limited to, the following: ➢ meeting with the CIAC to review the updated impact fees; meeting with City Council to present the updated impact fees; meeting with City Council for adoption of the Updated Impact Fees; and ➢ meeting to assist the City in reviewing and preparing the Impact Fee Ordinance. Such preparation may include preparing slides and handouts to support such meetings and making presentations at such meetings. The Professional shall respond to questions and comments received from meeting participants concerning the deliverables provided.