Ordinance No. 15,023 ORDINANCE NO. 15,023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH BINKLEY &
BARFIELD, INC., FOR THE CEDAR BAYOU CROSSING CORRIDOR STUDY;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT
TO EXCEED SIX HUNDRED SIXTY-ONE THOUSAND ONE HUNDRED SEVENTY-
SEVEN AND NO/100 DOLLARS ($661,177.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown,Texas,hereby authorizes and directs
the City Manager to execute and the City Clerk to attest to a Consulting Services Agreement with Binkley
&Barfield, Inc.,for the Cedar Bayou Crossing Corridor Study. 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 Binkley &
Barfield, Inc., in an amount not to exceed SIX HUNDRED SIXTY-ONE THOUSAND ONE HUNDRED
SEVENTY-SEVEN AND NO/100 DOLLARS ($661,177.00) for consulting 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 NO/100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased or decreased by more than twenty-five
percent(25%).
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 27"day of January,2022.
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Exhibit "A"
AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") entered into by and between Binkley & Barfield, Inc.,
(hereinafter "Consultant") and the City of Baytown, a home-rule municipality located in Harris
and Chambers Counties, Texas (the "City").
1. Scope of Services/Consultant Fees
This Agreement authorizes Consultant to perform professional engineering services for Cedar
Bayou Crossing Corridor Study (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 SIX
HUNDRED SIXTY-ONE THOUSAND ONE HUNDRED SEVENTY-SEVEN AND N0/100
DOLLARS ($661,177.00). 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. Design Phase Services (Lump Sum)................................................$661,177.00
2. Bid Phase Services (Hourly Not to Exceed)............................................$
3. Construction Phase Services(Hourly Not to Exceed).............................$
4. Additional Services (Lump Sum) ...........................................................$
(These services require independent and specific advance,written authorization)
5. Reimbursable Expenses (Not to Exceed).................................................$
6. Total................................................................................................$661 J 77.00
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; provided
such expenses has been approved in writing by the City.
(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 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.
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 Tommy Cromer, PE, ENV SP, 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-tithe 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.
Agreement for Professional Services,Page 2
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
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. 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.
Agreement for Professional Services,Page 3
(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
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.
Agreement for Professional Services,Page 4
(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
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:
Agreement for Professional Services,Page 5
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 fonn.
■ 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: $19000,000
■ 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.
b. The following shall be applicable to all policies of insurance required herein.
1. Insurance carrier for all liability policies must have an A.M. Best Rating
of A: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 fonn. 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.
Agreement for Professional Services,Page 6
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
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
Agreement for Professional Services,Page 7
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
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:
Agreement for Professional Services,Page 8
(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;
(fJ 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
Agreement for Professional Services,Page 9
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. Verifications.
The Consultant makes the following verifications in accordance with Chapters 2271 and 2274 of
the Texas Government Code:
a. the Consultant does not boycott Israel and will not boycott Israel during the term of
the contract to be entered into with the City of Baytown;
b. the Consultant does not boycott energy companies and will not boycott energy
companies during the term of the contract to be entered into with the City of
Baytown; and
c. the Consultant does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association and will not
discriminate during the term of the contract against a firearm entity or firearm trade
association.
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.
Agreement for Professional Services,Page 10
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:
Binkley&Barfield, Inc.
Attn: Tommy Cromer, PE, ENV SP
1710 Seamist Drive
Houston, TX 77008
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.
Agreement for Professional Services,Page 11
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.
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.
Agreement for Professional Services,Page 12
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 120 the date of execution by the City
Manager of the City of Baytown.
CITY OF BAYTOWN
RICHARD L. DAVIS,City Manager
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
TREVOR FANNING, Interim City Attorney
CONSULTANT:
Binkley & meld,Inc.
(Con, ame)
(Sign
David A. Hamilton,PE
(Printed Name)
Executive Vice President
(Title)
STATE OF TEXAS §
COUNTY OF HARRIS §
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capacity as 1649C/LA Uit �i¢.ria�ett_ of Brinkley & Barfield, Inc., on behalf of such
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Aereement for Professional Services,Page 13
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{description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
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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 of yJaMiAlY 20 da:
Nofary Pubfic In and for the State of Texas
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Cedar Bayou Crossing Corridor Project
Public Engagement Services
EXHIBIT A
SCOPE OF WORK
City of Baytown
Cedar Bayou Crossing Corridor Study
Background:
The proposed Cedar Bayou crossing,from Hunt Road at Main Street to Kilgore Parkway at SH 146,will serve
as a critical link for the City of Baytown to ensure the orderly development of the northern part of the city and
provide necessary east-to-west mobility to supplement IH 10.The purpose of the corridor study is to identify
alignment alternatives as well as feasibility of the project.
Sufficient information to measure and evaluate a range of viable improvement options will be collected. The
project shall conclude with the identification of recommended improvements and their estimated costs.
Project Location: From Hunt Road at Main Street to Kilgore Parkway at SH 146
Project Management and Coordination
The Engineer's Project Manager and Deputy Project Manager, in coordination with the City's Project Manager,
shall be responsible for directing and coordinating all activities associated with the project.
Progress Reports and Invoices
THE ENGINEER shall review the project schedule and prepare monthly progress reports for review
by the City's Project Manager. Invoices for all work completed during the period will be submitted
monthly(with a progress report) for work performed by THE ENGINEER. Monthly progress reports
shall include a summary d'
• Standard invoice forms (provided by City of BayoAn)
• Activities,ongoing or completed, during the reporting period
• Activities planned for the following month
• Problems encountered and actions to remedy them
Project Schedule
The project schedule shall include identified tasks,milestones,public involvement,and submittal
deadlines.The schedule shall be updated quarterly.
Kick-Off Meeting
The purpose of the Kick-off Meeting is to assemble all the members of the City and consulting staffs
to make sure the direction and coordination of the project is well-understood.The following topics
will be reviewed at the meeting:
• Introductions of City staff and Consultants
• Reporting relationships and contact information
• Goals and Objectives of the Study
• Scope and data needs/availability
• Schedule,budget,and deliverables
• Public outreach program
The Kick-off meeting may be held virtually
Cedar Bayou Crossing Corridor Project
Public EngagementServices
Progress Meetings
THE ENGINEER shall conduct monthly progress meetings as needed with appropriate City staff to
facilitate data collection,coordination,and in-progress reviews.The meetings will be held virtually
but may be at City offices if required by the agenda.
Data Collection
THE ENGINEER shall obtain appropriate data to document existing conditions as well as any proposed
plans along the project limits. Data collection includes:
Transportation System Data
Existing data will be collected where available, such as:
• Obtain/review existing Light Detection and Ranging(LiDAR)data and to obtain/provide
limited preliminary ground survey
• Roadway and intersection geometrics
• Traffic signal timings and/or plans(Provided by the City of Baytown)
• Adjacent land uses
• Right-of-way
• Roadway plans—County,City,TxDOT,Transportation Improvement Program(TIP),
Regional Transportation Plan(RTP),where applicable.
Field Data Collection
• Processed turning movement count and 24-Hr tube count data in 15-min.intervals
• Historical crash data,including crash location,time,type,severity,and contributing factors
Railroads and Utilities
Pertinent data on existing and planned major utilities and railroad facilities.
• Initiate new project request and setup with railroad
• Execute Preliminary Engineering Reimbursement Agreement
• Host kick-off meeting with Railroad Southern Regional Manager of Public Projects
Management group and Track/Structures Engineering Department
• Identify key items,concerns and mitigations that require attention in the design/schematic
phase
• As initial planning/schematic designs are developed,coordinate RFI's/Submittals with
Railroad for review and approval
• Perform QC/QA review for final schematic plan from railroad perspective and submit to
railroad engineering for review and approval
Aerial Photography
City will supply recent digital aerial orthophotography of the study area via Nearmap
Crash Information
Crash data from the Crash Records Information System (CRIS) (provided by City of Baytown,and/or
TxDOT).
Land Use/Master Plans
Review existing land use along the street. Obtain current information about approved development
plans within the project area. Develop a written summary and a tabular or graphical representation.
Cedar Bayou Crossing Corridor Project
Public Engagement Services
SUE
The Subsurface Utility Engineering Department of THE ENGINEER proposes to provide Subsurface
Utility Engineering Quality Level QL-D Records Research and QL-C Utility Surface Feature Survey,
for the 3.7 mile-long,Cedar Bayou Crossing.
Hydrology and Hydraulics
Hydrologic and hydraulic analysis required to support the corridor layout of the proposed roadway. This task
will include utilizing the latest MAAPnext models for Cedar Bayou as developed by the HCFCD. The models
will be used to analyze the proposed roadway alignment and bridge to evaluate any impacts to the existing water
surface elevations. This analysis does not include any formal submittal to the HCFCD for approval. Specific
tasks include:
• Corrected Effective Riverine Modeling—Using the Cedar Bayou MAAPnext models provided by
the HCFCD, develop a corrected effective model near the project alignment to accommodate the
roadway alignment. Adjustments may include additional 2D breaklines,mesh areas,or truncation
of the model near the project.
• Proposed Conditions Riverine Modeling—Using the corrected effective model,simulate up to three
(3) route alternatives to identify the floodplain mitigation and bridge sizing needed to show no
adverse impacts for the proposed alignments. The alignments will be provided by THE
ENGINEER.
• Cross Drainage Evaluation—The proposed alignment may potentially require evaluation of cross
drainage structures such as culverts or storm sewer. City of Baytown methodology will be followed
as far as design of the culverts and storm sewer.
• Detention Evaluation — Calculate proposed detention volumes using detention rate of 0.65 acre-
feet/acre to accommodate the increase in impervious cover. Identify potential locations and areas
for the detention based on size,available right-of-way,and outfalls.
• Documentation— Summarize the H&H analysis in a technical memorandum to be included in the
final deliverables. Memorandum will include methodologies, assumptions, results, and any
exhibits/appendices.
Traffic Analysis
Data Collection
• 6-Hour Turning Movement Counts (5:00 AM—8:00 AM&3:00 PM -6:00 PM)
1. N Main Street at Hunt Road
2. SH 146 at Kilgore Parkway
• 24-Hr Tube Counts
1. Sjolander Road South of Sarah Lane
2. Crosby Cedar Bayou Road north of Barkaloo Road
• Historical Crash Data(5-years)
1. N Main Street at Hunt Road
2. Hunt Road at Garth Road
3. I-10 EB and WB Frontage Roads at N Main Street
4. Archer Road at N Main Street
5. Archer Road at Sjolander Road
6. I-10 EB and WB Frontage Roads at Sjolander Road
7. SH 146 at Kilgore Parkway
8. I-10 EB and WB Frontage Roads at SH 146
Cedar Bayou Crossing Corridor Project
Public Engagement Services
Data Collection Deliverable: THE ENGINEER will provide the following deliverables related to data
collection:
• Processed turning movement count and 24-Hr tube count data in 15-min intervals
• Historical crash data, including crash location, time, type,severity,and contributing factors.
Traffic Analysis
• Existing Crash Analysis(5-years)
THE ENGINEER shall review and analyze historical crash data for latest 5 full calendar years
(i.e.,January 1 to December 31,inclusive)for the area within a one(1) mile buffer of the
proposed schematic alignment with respect to crash characteristics such as severity, crash types,
frequency,rates,patterns,clusters,and their relationship to crash contributing factors. The
purpose of the historical crash analyses is to determine safety performance of the existing
conditions to understand any safety issues within the study area.
Predictive,or quantitative safety analysis,involves using HSM-based methods that use safety
performance functions(SPFs)to estimate future crash conditions under the proposed design.The
predictive safety analysis must be done for no-build and one build conditions for the horizon year.
The purpose of the predictive safety analysis is to compare the safety performance of the no-build
and build alternatives to help detennine the preferred alternative and to determine the
countenneasures,if necessary,to improve safety. Predictive safety analysis must be performed
using HSM based tools including Interactive Highway Safety Design Model (IHSDM),and HSS.
THE ENGINEER shall develop and submit a safety analysis memorandum.
• Travel Demand Modeling and Traffic Projections
THE ENGINEER shall hold a methodology meeting with the City and H-GAC to discuss traffic
projection methodology and assumptions to evaluate traffic demand and future demographics for
the conceptual corridor.THE ENGINEER shall perform travel demand modeling to evaluate a
conceptual corridor scenario.The modeling for the conceptual corridor scenario shall be
performed based upon approved assumptions as to corridor improvements in place in the project
segment and for connecting facilities.To carry out the travel demand modeling activities required
to meet project objectives,THE ENGINEER shall:
1. Develop Travel Demand Modeling Methodology-Draft preliminary modeling
assumptions and proposed modeling methodology in a technical memorandum for review by
the City,H-GAC,and participating stakeholders.The modeling methodology shall include a
description of a preliminary set of candidate mobility related performance measures for
consideration by the City,H-GAC,and participating stakeholders.These measures shall
facilitate an evaluation of an alternative scenario in terns of the ability of each improvement to
address state,regional and local goals,and objectives as well as project purpose and need.
2. Demographic Data Verification—Review demographic and employment base year
estimates and future year forecasts that impact the TDM's forecasting for the project area.
Ensure the TDM demographics forecasts are capturing the direction and extent of growth in
the project area that will have a direct impact on the traffic volumes forecast. Format TAZ
level demographic information available for use in other tasks.
3. Highway Network Verification-Review base year transportation system networks within
the available TDM so that the representation of roadways and roadway attributes in the TDM
Cedar Bayou Crossing Corridor Project
Public Engagement Services
is consistent with actual base year roadway characteristics.The latest Metropolitan
Transportation Plans(MTP),and the TxDOT Statewide Transportation Improvement Program
(STIP)will be reviewed within the project area and for facilities directly impacting the project
area.
4. No-Build TDM Run and Analysis—Perform a capacity deficiency analysis by running the
selected travel demand models with transportation system supply defined by the current MTP
on the study horizon year demographic and employment forecasts.The anticipated result of
this analysis is a measure of the level-of-service delivery identifying future system
performance and roadways that are likely to experience failing conditions by the horizon year
if no improvements beyond current commitments are implemented.
5. Code Build Alternatives-Code one(1)forecast year highway networks to reflect the
proposed Conceptual Corridor and segmentation for testing with the travel demand model.The
Conceptual Corridor build alternative is anticipated to include new greenfield alignments and
assumptions on related projects.
6. Perform TDM Build Alternative Run(model scenario)-Perform travel demand model
runs to obtain the anticipated traffic and level of service delivery and transportation system
performance in the forecast year under the Conceptual Corridor Build Scenario.
7. Analysis of Build Alternative—The model runs performed shall be used to analyze the
effectiveness of the build alternatives.The anticipated measure of performance to be obtained
from this effort is the extent to which each of the proposed Build Alternatives addresses the
main lane and major intersection capacity deficiencies within the study corridor.
8. Update Travel Demand Modeling Methodology Memorandum to include results—Update
the technical memorandum describing the methodology and outcomes of the travel demand
modeling. Prepare data tables,maps,graphic exhibits,and other model output as needed for
use by the project to report the results of the traffic analysis of the Build Alternative to the
City,H-GAC,and participating stakeholders.Link level 24-hour and peak period volumes and
other performance measures for both autos and heavy trucks will be provided for use in
subsequent operational analysis to address problem locations.
THE ENGINEER shall hold a methodology meeting with the City,H-GAC,and participating
stakeholders to discuss traffic projection methodology to support the development of schematics
and the environmental process for one(1)selected schematic. Once complete,THE ENGINEER
shall prepare and submit for approval to the City,H-GAC,and participating stakeholders a
methodology for the projection of traffic volumes within the study corridor for the opening and
horizon year.THE ENGINEER shall pull pertinent information from the TDM and process the
information to turn it into a cohesive and comprehensive traffic forecast for one(1)selected
schematic that is defensible and well documented. Volumes will be provided online diagrams for
the selected alternative. Model runs conducted to support the feasibility stage of the project will
be reviewed.
• Traffic and Operational Analysis(Synchro and SimTraffic)
THE ENGINEER shall review and analyze traffic data(including percent trucks, volume,and
directional distribution),existing roadway features(including ramp locations,weaving sections,
number of lanes,offset to obstructions, lane widths, frontage road operations,and intersection
operation and geometry),traffic flow patterns,and transit and traffic operations.THE ENGINEER
Cedar Bayou Crossing Corridor Project
Public Engagement Services
shall conduct capacity analysis studies for designated locations and sections of roadway using
Synchro and SimTraffic Version 10. THE ENGINEER will make recommendations for improving
traffic flow. THE ENGINEER shall use the HCM methodology in the Synchro software to analyze
and make appropriate recommendations.
The analysis will include Existing,No-Build,and one(1) Build scenario for opening and horizon
year. Existing and No-Build operations will be evaluated at the following two(2)existing
intersections:
❑ Hunt Road at N Main Street
❑ SH 146 at Kilgore Parkway
Build operations will be evaluated at the same two(2) intersections and two(2)proposed
intersections at Crosby Cedar Bayou Road and Sjolander Road.The build alternative will include
and evaluation and recommendation of future intersection geometry and control. If a traffic signal
is recommended, preliminary traffic signal warrant analyses will be performed using projected
volumes.
Traffic engineering software shall include Synchro and SimTraffic Version 10. THE ENGINEER
will use the methods of evaluation(MOEs),including level-of-service(LOS),delay, and volume-
to-capacity ratios.
Traffic Analysis Deliverables: THE ENGINEER will provide the following deliverables related to traffic
analysis:
• Draft and Final Copies of Existing Crash Analysis Memorandum
• One Methodology Meeting with Stakeholders Regarding Traffic Demand Modeling/Feasibility
Analysis
• Draft and Final Copies of Traffic Demand Modeling Methodology and Results Memo,Including
Volume Diagrams
• Draft and Final Copies of Traffic Analysis Report
Alternatives Evaluation and Analysis
Establish Design Criteria
Based on information obtain from scoping meetings with the City and review of the current City of
Baytown,determine the optimal design criteria for the project. Up to three(3)alternative cross-sections
may be necessary due to unique characteristics of the roadways such as utilities, drainage issues,
environmental constraints,safety concerns,or available ROW.
Environmental Constraints Analysis
To support the alignment feasibility study and alternatives analysis, the engineer will research and map
environmental constraints.This task begins with desktop data collection using GIS to compile geospatial
information from multiple sources,including(but not necessarily limited to):
a) H-GAC
b) HCCAD
c) CCCAD
d) Texas RRC
e) TxDOT
0 USFWS National Wetlands Inventory
Cedar Bayou Crossing Corridor Project
Public Engagement Services
g) FEMA
h) TPWD
i) USGS
j) THC
k) Recent and historical aerial imagery
1) Hazardous material regulatory database review
The information will be complied into an environmental constraints map(GIS format)and file
geodatabase. Upon completion of the desktop review,the engineer will conduct limited site
observations from existing public ROW or areas where the City has secured right-of-entry to confirm
the location of environmental constraints within the study area.The environmental constraints map and
file geodatabase will then be updated to reflect existing field conditions.The updated constraints data
will be coordinated with the corridor analysis for consideration in evaluating potential route alternatives
and appropriate avoidance and minimization strategies consistent with the NEPA principles. Upon
identification of up to three viable alternative alignments,the engineer will utilize the constraints map to
develop a matrix of potential regulatory agency permits and approvals that may be required and to
identify the anticipated NEPA document classification. This information will be compiled into an
Environmental Constraints Technical Memorandum. The constraints report is intended to support the
funding application and provide justification for route selection from and avoidance and minimization
of environmental impacts standpoint. However,additional scopes of work(i.e.,WOTUS delineation
and 404 permitting,Phase I/II ESAs,cultural surveys,NEPA documentation/clearance,etc.)will be
necessary as the project progresses into design phase and will vary depending on the project footprint
and ultimate funding mechanisms.
Task 2—Assumptions and Exclusions
a) Field investigations will be reconnaissance-level and limited to accessible public ROW and/or
properties on which the City coordinates right-of-entry.
b) This task does not include wetland/WOTUS delineations.
c) This task does not include an ASTM Standard Phase I Environmental Site Assessment. Phase I
ESAs and Phase II investigations related to parcel acquisitions which will be completed once
the alignment is finalized.
d) This task does not include presence/absence surveys for threatened and endangered species.
e) This task does not include preparation of NEPA documentation.
f) This task does not include preparation of a Section 404 permit application or coordination with
the USACE.
g) This task does not include cultural resource surveys.
Analyze and Recommend Alternatives
THE ENGINEER will recommend up to 3 alternatives which will be presented to the
stakeholders for further review. These alternatives will be in roll plot format. THE ENGINEER
shall prepare an initial list of improvement concepts to upgrade the road to meet the intent of current
City standards and provide improved safety and mobility of all modes. Recommendations may include
the following:
• Roadway design speed
• Intersection Geometric Improvements for all modes of transportation--turnlanes, alternative
intersection types, etc.
• Access Control Modifications-medians, driveway consolidations and closures
• Pedestrian facility improvements(including sidewalks and crossing locations)
• Potential pedestrian improvements
Cedar Bayou Crossing Corridor Project
Public Engagement Services
• Alternative intersection configurations
• Incorporation of pedestrian/trails sidewalks on both sides of the road
THE ENGINEER shall provide a matrix for each of the options which contains constraints,
construction cost, ROW requirements,utility conflicts.
Geotechnical Investigation
A total of 4 borings will be taken to a depth from 50- 100 ft. The borings will be drilled in areas clear
of underground and overhead utilities. Laboratory testing will be performed on recovered samples
selected by the geotechnical engineer to confirm soil classification and to measure engineering
properties.
UPRR Bridge and Cedar Bayou Bridge Analysis
The Engineer will provide concept level bridge limits and cost estimates for the Cedar Bayou and
UPRR bridges. The engineer will prepare high level costs and bridge limits using square foot pricing
for 3 alignment alternatives and provide a 15%level bridge layout to be used for more detailed cost
estimate analysis.
a) Alternatives Analysis
a. The engineer will evaluate bridge limits for hydraulic and environmental impact.
b. The engineer will prepare approximate span configurations and preliminary
substructure sizing to use in the hydraulic modeling
c. Square foot pricing will be used to compare alternatives
b) 15%level bridge layout
a. The Engineer will prepare a 15%level bridge layout for the selected alternative
for the Cedar Bayou crossing.
b. A detailed cost estimate with a list of assumptions will be created to use for the
grant application
c) Coordination
a. The engineer will attend required meetings and coordinate with the City for
formatting and consensus on bridge design
b. The engineer will review the preliminary geotechnical bore holes to provide better
estimates for the proposed bridge foundation elements
Cedar Bayou Crossing Corridor Project
Public Engagement Services
Develop Plans with Preferred Alignment
THE ENGINEER shall collect and provide sufficient information to measure and evaluate a range of
viable improvement concepts and address cost-benefit and cost-effectiveness of the various
concepts/solutions.THE ENGINEER,in conjunction with City staff,will develop recommended
improvements for the project,their estimated costs,and an estimated schedule for a phased approach to
implementation of the proposed improvements. The improvements are to be shown in an exhibit
including the proposed typical section. This exhibit will be presented to the public in Task 7.
Activities part of this tasks include(but not limited to):
• Coordination with the Railroads
• Refinement of the profile
• Bridge layout development
• Cost analysis between retaining walls and slope embankments at bridge approaches.
• Identify ROW parcels and landowners.
• Identify environmental impacts
• Phased implementation schedule, if warranted
• Preliminary construction costs of proposed improvements
Community Outreach Support
Public Engagement
The following Public Engagement Services are proposed to support the Project based on
infonnation provided during the Project Kickoff Meeting on November 4, 2021.
Local City Council In-Person Presentations
The Engineer will plan and execute two in-person City Council Presentation Meetings to raise
awareness of and garner input about the project from local officials. Meeting will be
appropriately documented.
To support these meetings, the following tasks will be completed by The Engineer:
• Draft and distribute notices to elected officials as needed
• Develop a written meeting plan, including detailed delivery schedule for
development of materials
• Develop presentation materials
• Coordinate all necessary community meeting resources and infrastructure,
including, but not limited to:
o Meeting equipment,including easels,a microphone/PA system,projector,
projection screen, multiple computers, required cables,podium, pens,
comment collection boxes, name badge holders, a digital camera to
document the meeting, a digital video camera/and or equipment necessary to
livestream the meeting online, and additional tables and chairs(if required by
the meeting facility)
o Printed public information tools as identified
Cedar Bayou Crossing Corridor Project
Public Engagement Services
Virtual or In-Person Public Meeting Options
Virtual PublicMeeting
• Work with the project to coordinate with Podcast"Baytown Engage"
• Prepare and distribute multilingual (English, Spanish) noticing materials (letters, City
website)
• With support and technical information provided by the Client, The Engineer will prepare
a virtual public meeting presentation (-5 minutes), including development of a MS
PowerPoint presentation and presentation script
• Participate in one(1) virtual public meeting dress rehearsal
• Organize, facilitate, and execute one (1) virtual public meeting, including virtual meeting
platform setup, public meeting moderation, and presentation of the formal public meeting
presentation
• Prepare virtual public meeting procedures and identify virtual public meeting staff roles and
responsibilities.
• Prepare a one-page Virtual Public Meeting Summary Report, including:
o A brief description of the project, project purpose, and virtual public meeting fonnat
❑ Final stakeholder notification list and virtual public meeting attendee and comment
databases
❑ Final virtual public meeting presentation
In-Person Public Meeting
In-person outreach activities, include noticing and assisting in facilitating an interactive, open house
public meeting to inform the public of the project,provide a project update, and gather information
from community members.
To support the public meeting,the following tasks will be completed by The Engineer(as appropriate):
• Draft and distribute public notices for each community meeting, including:
• Elected official notices(up to 100 notices)
• Stakeholder notices (up to 600)
• Exhibit Boards(up to 20)
• Development of Handouts/Fact Sheets
• Development of additional meeting materials as necessary
0 Website notices
The Engineer will provide documentation of public engagement and input for engagement
activities associated with the public meeting.This documentation includes recording,tracking,and
providing or coordinating with the Client to provide responses to comments received via email,
and through written comments received at public engagement activities.
The Engineer will support the with maintenance of accurate and dependable records of public
participation and coordination efforts involving this project. The Engineer will complete the following
tasks to ensure comprehensive summary reports of engagement activities:
• Documentation of noticing methods
• Public meeting attendance and commenting record keeping
• Public comment collection,response tracking,and follow-up
• Cataloguing and provision of all original feedback documents
0 One formal outreach summary report
Assumptions:
• This scope of work includes costs for up to two (2) local City Council meetings and
one(1)public meeting,virtual or in-person.
• Up to(3)planning meetings will be held in preparation for each community meeting
(two city council presentations and one in-person or virtual meeting).
• Engagement activities will begin in 2022.
• All work above is assumed to be in Phase 2 or Phase 3 of the project, near the design
stage.
• For any work requested in Phase 1 of the project(Communications Plan/Public
Involvement Plan), additional costs may be requested.
• For a hybrid public meeting(in-person public meeting with pre-recorded or live
presentation included),the cost of the virtual option and the in-person option will be
combined.
• The Engineer will provide up to three public involvement specialists for each meeting.
• Any required translation services will be secured by the Client and are not
included as a part of this Scope of Work.
• Video production services will not be provided.
• The Client will provide project information to support the development of public
information tools.
• The Engineer will be responsible for preparing, mailing, and providing payment for all
letter notices.
• Any live streaming of meeting activities will be coordinated and equipped by the
Client.
Prepare Final Recommendation
The Final Corridor Study should include considerations and conclusions from data collected and analyzed
from above tasks. Specific sections may include the following:
• Executive Summary
• Inclusion of options evaluated and methodology
• Environmental constraints,list of applicable permits,drainage/water quality analysis and
associated risks
• Easement and/or right-of-way requirements
• Recommendations
• Construction cost estimates for each option; and
• Conceptual schematic with typical cross sections preferably referencing LiDAR information
THE ENGINEER will also provide TIP application Support and alternative funding mechanisms
evaluations.THE ENGINEER will:
• Analyze the performance outcomes from the feasibility study in relation to the project purpose
and need to identify the benefits of the project. Using the calculated benefits and the opinion of
probable cost,we will perform a benefit cost analysis(BCA)of the project using the H-GAC
BCA template and score the project using the H-GAC project prioritization process calculations
just as though Baytown were submitting the project to a TIP call for projects from H-GAC.
• Evaluate the BCA score and determine if there is any additional information or revisions to the
project plan or application category that would enhance the project's overall score.
• Based on the information from the feasibility study and BCA,we will research available funding
sources for possible other funding mechanisms.
• Review the results of this comparison of the project profile and funding sources with the city to
help the city develop a funding strategy and TIP funding application package that identifies the
most appropriate categorical formula funding program to pursue under the TIP program
This proposed scope and fee DOES NOT include a right-of-way survey. THE ENGINEER will provide a
conceptual schematic as the basis of the Corridor Study which will include the recommended alternatives
along the corridor,known existing utilities,and right of way lines.The PER will not include conceptual
design documents with draft plan sheet index and outline specifications.
TIP Application Support and Alternative Funding Mechanisms Evaluations
• Preliminary Benefit-Cost Evaluation,TIP Application Improvement Support, and Preliminary
Alternative Funding Mechanism Evaluation
1. Once an alignment and cross section have been selected,and an opinion of probable
cost has been developed,THE ENGINEER will analyze the performance outcomes from
the feasibility study in relation to the project purpose and need to identify the benefits of
the project. Using the calculated benefits and the opinion of probable cost,THE
ENGINEER will perform a benefit cost analysis(BCA) of the project using the H-GAC
BCA template and score the project using the H-GAC project prioritization process
calculations just as though Baytown were submitting the project to a TIP call for projects
from H-GAC.
2. THE ENGINEER will evaluate the BCA score and determine if there is any
additional information or revisions to the project plan or application category that would
enhance the benefit cost ratio or otherwise improve the project overall score.THE
ENGINEER will review the results of the BCA and the results of the project scoring
process with the city.
3. Based on the information from the feasibility study and BCA,Alliance will research
and review the universe of currently available funding sources and develop a matrix
matching the project profile to the various available categorical funding mechanisms at
the local,regional,state,and federal level to determine project eligibility for each funding
program and to identify the most appropriate funding mechanisms to support the
implementation of the project either through TIP funding or other mechanisms.
4. THE ENGINEER will review the results of this comparison of the project profile and
funding sources with the city to help the city develop a funding strategy and TIP funding
application package that identifies the most appropriate categorical formula funding
program to pursue under the TIP program.THE ENGINEER will also provide
recommendations as to which local,state,and federal discretionary programs provide
effective cost sharing strategies to support and improve the TIP application,or in the
alternative,to provide independent funding sources to support project implementation
should TIP funding not become available.
• THE ENGINEER will coordinate with City and H-GAC regarding application process and
inputs for traffic related items.
E%HIBR 6
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EXHIBIT B
SCOPE FEE PROPOSAL
City of Baytown
Cedar Bayou Crossing Corridor Study
rrMM and Opm,l .l Ano,yw(Smd-a.d Sanh.lk) 166 146
HOURS SU&TOTALS 0 0 0 0 0 0 O 0 0 0 0 465
CONTRACT RATE Candor Study HOUR $24300 S2Sa00 1200.00 3160.00 $11300 $129,00 $113.00 S1S6.00 MGM $103.00 163.00
TOTAL LABOR COSTS Solo $0.00 $0.00 $0.00 foot) S000 30.o0 $0.00 Solo S000 S0.00 $103.51700 S103S1T.00 $10.35170 9113.60.70
SUBTOTAL
111.iii.TO
TASK6:ALTER3ATIVE EVALUATION AND ANALYSIS
a D...bo Pr G..na / a 14
Id.ady C-dw S."Carc..m / 6 10
R.....Conwara Map. 2 2 1
E.dual.Mawckns / 12 16
PR.pa. 1 12 /0 Sa
vr.6m.u.y Coo A-h-Ia 4.ma'n.. 2 1 a 11
C-TypaM S-t . 1 2 a 11
1nN.-a G.awtrncs and Coato 2 / 12 /0 Sa
C,-%W m 3 E.heas Vol plots) a 16 21 IO N
G.M.Aaty C.WW TAk a 1 1 32 1 t0 1 120
G.M.ROW A14-ak.Tabb / 0 21 36
W.wnl and M.M vMh SML.ho►Nfs to Choow m.nl a a a 21
Coad-ta rah T.DOT / 16 20
HOURS SUBTOTALS 1/ 57 0 106 0 t11 0 32 t0 20 0 IS3
CONTRACT RATE Ca.lda Study HOUR S28100 SIS6.D0 $200.00 S160,00 $113.00 $129.00 $113.00 $156.00 $136.00 $103.00 15S.00
TOTAL LABOR COSTS $3962.00 $1/,70640 $0.00 117,603.00 $0.00 S1a.S76.00 $0.00 $/.992.00 310a00.00 3106000 S0.00 $72.961.00 SOOC $72031.00
SUBTOTAL S72361.00
TASK a:DEVELOP PLANS WITH PREFERRED AL1GNSEHT
fr.l.al.5-yData 1 a 12
Coadw.w h RR 2 a 21 31
R.1-P..(J. 1 2RiG
1 t 32 /7
Coo,A-*-on R.la..V NAat n El.!,-ma( 2 11
RR M 0
IS\M Layou 6 12 /0 a 104
RR E."d• 1 / 6 0 12 1 34
RR E.k"-0.1p.2 1 6 t 12 1 1 1 1 34
Brd9.Coo EM-mw 2 1 6 t 20
Cad.B.y A," 0
10%&dl7.h our. 47 67
Atlmmal .An✓ym 141 141
O.V.Coal E.s.oa 35 3S
b Ed btr 33 33
Ssbv-a Layout a th Pro1a. 1 a 6 16 21 20 75
14-tdy ROW r."..d 1 1 2 a 11
d.ntdy U WY Con6ct. 2 1 16 21 1 1 12
1-paal.Em•--lal Cmo..nes 2 1 1 to
Coo Et.w. 2 1 a 12 26
StasNwMa Sub...aak lase 3)..b add-9 wrm..I%t-1 e.c 3 6 12 21 12 87
HOURS SUBTOTALS a 13 11 33 M tut 0 16 21 02 0 019
CONTRACT RATE Candor S"HOUR 326300 3255.00 1120000 $1"00 S11300 1129.00 S11300 S156.00 S134.00 110300 "BAG,
TOTAL LABOR COSTS $2261.00 $11,094.00 S5.6DOA0 $6.391.00 $16.M200 121730.03 S0.00 $2.19600 tJ.26100 50.116.Do $0,09 S41.772.00 3121.S50.00 $1./7720 31I8.73510
SUBTOTAL 1 1128.73619
TASK 7:COWAUMITY OUTREACH SUPPOILT
Up W 4-0,W.1.prlk ow.-h 2 1 2/ 21 1 Sa
P..paahon to p..bk~r p 12 21 36
Am.nd-at 2 pubk nwt,-p 1PM.PP 0 PE)and up to 2 ah.r
9 2/
m..ln9a(PM o.#0 6 9
P.W -1 3<6 3a6
Page 2 01 3
EXHIBIT B
SCOPE FEE PROPOSAL
City of Baytown
Cedar Bayou Crossing Corridor Study
HOURS SUB-TOTALS f 23 0 4 S7 24 0 0 O 0 4 464
CONTRACT RATE C-W Sk*HOUR $29300 S2S&A0 5200.Do 51"00 $143.00 S129b0 $113,00 S1S6.00 S136D0 00300 S11-00
TOTAL LABOR COSTS SS.691.00 SS.93400 $4.00 T672.o0 $9.1SIM S3.096A0 $0.00 Woo SOAO $000 Smm S43SS4.00 $624S7A0 $4.355.40 $67/12A0
SUBTOTAL T47.612A0
TASK M PREPARE FINAL REC06BACNOATKIN
Retry Engn►weg Ropwr(Semom of Report?
e.Eaawme S..--Y(..a d.prep) S 1 6 14
b.Opons Era1w►d 5 1 4 10
c.m corlstra aa. pw"%,drwnegwwelw quAte
1 4 5
d.EewmeM enNw'M�Iw►1 errwne 1 4 5
awnnn :2 (•r- 1 hqn mrnenanca
1 1 12 21
f.Recwmwndemna 1 4 5
A aeteg t _ Tr. 1 4 S
r.Future CKreclwraxs 6 TIP F.rsl6wSon 2 4 6 S 1 1 1 14
1.AppwWd (Pub Eno.Coat.TmFk.we) 1 4 S
rpr► Oienreec Aimtor.V eoonurwn 2 2 4 6 6 24
HOURS SUB-TOTALS 0 20 O 22 50 0 20 0 0 I 0 120
CONTRACT RATE Cwndr S1u07 HOUR S263.00 1254.00 S200.00 st61.00 S143.00 $129.00 $113.00 $156.00 S136.00 S103.00 $83.00
TOTAL LABOR COSTS $0.00 SS,160A0 $0.00 63.696.00 $7.150.00 $0.00 $226000 50.00 s0.00 $02400 $0.00 619.090.00 s0A0 $19010.00
SUBTOTAL 1119.6f0A6
TASK$:OEOTECHN1CALINVESTIOATION
OaNerrrine Brno L-b- 0
Cooedneh�n w411 Bub-conariar f f
Prepwe r R-Bourg Lev" 3 3
"rw ewr%pa of 4 b=W 2 3 3 40 u
R-C m-h-W Report 2 3 3 1
HOURS SUBTOTALS 0 13 0 0 6 6 0 0 0 0 0 6S
CONTRACT RATE Cwndw Study HOUR $291.00 1259.00 $200.00 S161.00 1143A0 1 $129.00 $111.00 StS6.00 1136A0 S103A0 $93.00
TOTAL LABOR COSTS SO.00 53.254.00 $0.00 $0.00 5156.00 S774A0 $0.00 $0.00 s0A0 $000 10.00 $21.355.00 $26.341 AO 12.135.30 1126.476.50
SUBTOTAL 126.174jo
TASK PROJECT IIAMAOEAIENT AND COORDINATION $1,132.00 120.640.00 $0.00 SS.S6/.00 $0.00 $2,322.00 $0.00 SO.00 $0.00 SO.00 11.056.00 s0.00 f000 S0.00 90.00 50.00 133.71S.00
TASK DATA COLLECTION s000 52,322A0 SO.00 S3.360.00 S5.720.00 12.510.00 s6.693.00 soeo $11.832.00 SO.00 $0.00 $41106.00 S000 SObO 1120S00 s11.7151.0o 119240290
TASK HYDROLOGYANDHYDRAUUCS SOAO Se,121A0 $0.00 so co $000 So= SoV0 S000 $0.00 $0.00 $0.00 s90.674A0 110.00 Sabo $0.00 $000 6104 0611-40
TASK TRAFFIC ANALYSIS $000 lolO SO.00 $0-00 SOAO SOAO $0.00 6oAo So= SOAO $0.00 $0.00 $OAO so DO Stm.St7.00 TOAD 3113K1.70
TASKS ALTERNATIVE EVALUATION AND ANALYSIS $3.962.00 S14,706A0 SO.00 I 117.=$-00 tam stf.576A0 SO.00 64.992.00 s10.910.00 $2.060DO Sabo $0.00 $4.00 SO03 $0.00 10A0 T72.944DO
TASK DEVELOP PLANS INTH PREFERRED ALIGNMENT S2254.00 $11 o14Ao $4300.00 1 S6-394.00 S16 fflbO sS3.736.00 $0,00 $241600 $3.264.00 5/.44600 $0.00 S41.772.00 $0.00 solo Woo 5000 3tit.73S20
TASK 7.COA9AlMTY OUTREACH SWPORT S/696.00 sS.9NA0 $0.00 S6T3.Bo 31.1S1A0 33.096.00 S0.00 SOAO $OAO SOAO S352D0 SO.00 $OAO 543,S51.00 f0A0 f0-00 T67.612.40
TASKS PREPARE FINAL RECOMMENDATION SOOO sS.160.00 0- 11.N6.00 f7,t50.00 SOAO 12.260.00 $0.00 f0.0] $924.00 $0.00 $0.00 TOAD $0.00 SOAO 50.00 119.090A0
TASK GEOTECHNICAL INVESTIGATION SOAO 13.354.00 $0.00 So-o0 1156.00 5774.00 50.00 50.00 SOAO SOAO 10.00 S0.00 1121.3S5.00 Sobo S0.00 s0.00 126476.S0
SUBTOTAL LABOR EXPENSES s9.036.00 S67.33S.00 16.600b0 S40.461.00 $33.141,00 1 SSI.044.00 WIS3.00 1 17.411.00 1 SW976.00 1$11.330.00 $1.400.00 1173AS2.00 T21.3S5.00 143.SS4.00 $104.722.00 1$11.656.00 S661J77.10
SUMMARY
ORANOTOTAL $661,177
Page 3 of 3
EXHIBIT C
PROJECT SCHEDULE
City of Baytown
Cedar Bayou Crossing Corridor Study
ID Task Name Duration Start Qtr 1,2022 QV 2,2022 Qtr 3,2022 OV 4,2022
Jan Feb_'. Mar Apr Ma un Jul Aug_ Sao Oct-1 Nov Dec
1 NOTICE TO PROCEED 0days Sun 216122 O 2/6
2 CORRIDOR STUDY 274 days Mon 2/7/22
3 Existing Conditions Data Collection 39 days Mon 217/22 ;—
4 Geotechnical Borings 10 days Mon W122. -
6 Geotechnical Report 56 tlays Wad 2/16/22
6 Turning Counts,Tuhe Counts and crash data 32 tlays Mon 2G22
7 Traffic Analysis 43 days Thu 3/10/22� i—
6 SUE 21 days Mon 2/722
9 Environmental Study 66 days Mon 2 Q2
10 Hydraulic Modeling and Analysis 72 days Thu 3/1722
11 Community Outreach-Meetingl 0days Tue 513122 6131
12 ARemaWe Evaluation and Analysis 55 days Wed W122
13 Develop 15%Plans with Preferred Alignment 46 days Tue 726/22
14 Community Outreach-Meetingl 0days Tue 927/22 9127
15 Prepare Final Recommendation 60 days Fn 9/922.
Task 21MY7=____-J Inactive Task Manual Summary
Split Inactive Task St.n ly C
Milestone ♦ Inactive Milestone Finish-only ]
Summary Inactive Summary -- Progress
Project Summary W --"7 Manual Task Deadline ,q
Edema]Tasks Duration-only
Extamal Milestone ♦ Manual Summary Rollup
REVISED:6/16/17