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Ordinance No. 15,042 ORDINANCE NO. 15,042 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH CP&Y, INC., FOR PROFESSIONAL ENGINEERING SERVICES FOR THE IH-10 INTERSECTIONS IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE HUNDRED SIXTY-FOUR THOUSAND NINE HUNDRED FORTY-SIX AND N0I100 DOLLARS ($364,946.00); 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 CP&Y,Inc., for professional engineering services for the IH-10 Intersections Improvements Project. A copy of said agreement is attached hereto as Exhibit"A" and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to CP&Y,Inc.,in an amount not to exceed THREE HUNDRED SIXTY-FOUR THOUSAND NINE HUNDRED FORTY-SIX AND NOI100 DOLLARS ($364,946.00) 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 NOI100 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 241h day of February, 2022. BRANDON CAPETILLO, Mayor A EST: �PYT06y4,•co.�- v e • e ANGELA UCKSON, City Cle Y`�afec a�°;•�� APPROVED AS TO FORM: t?� J; < TREVOR FANNING, Interim City Attorney R:IKaren AndersonlORDINANCES\2022\2022.02.24'•ConsultingServicesAgreementCP&Y(IH-10[ntersectionlmpProject).docx EXHIBIT "A" AGREEMENT FOR CONSULTING SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This Agreement (this "Agreement") entered into by and between CP&Y 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 Design Phase, Bid Phase, and Constuction Phase services for IH-10 Intersections Improvement Project (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 THREE HUNDRED SIXTY-FOUR THOUSAND NINE HUNDRED FORTY-SIX AND N0/100 DOLLARS ($364,946.00). 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 instalhnents based upon monthly progress reports and detailed invoices submitted by the Consultant based upon the following: 1. Design Phase Services(Lump Sum)................................................$332,021.00 2. Bid Phase Services(Hourly Not to Exceed)........................................$6,305.00 3. Construction Phase Services(Hourly Not to Exceed).......................$26,620.00 4. Additional Services (Lump Sum)..............................................................$0.00 (These services require independent and specific advance,written authorization) 5. Reimbursable Expenses(Not to Exceed)....................................................$0.00 6. Total................................................................................................$364,946.00 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 r (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 100miles; 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. C. In the event of a disputed or contested invoice, the City may withhold from payment that portion so disputed or contested, and the undisputed portion will be paid. 3. Personnel of Consultant a. Consultant's Project Manager Consultant shall designate Brian Jones, PE, to serve as Project Manager for the Work performed under this Agreement. Any change of Project Manager shall require thirty days'advance written approval from the City's Representative. b. Licensed and Registered Architects/Engineers Consultant shall keep a full-time registered architects and/or engineers licensed in the State of Texas on staff and assigned to the Work for the duration of its performance of the Work. C. Data on Consultant's Employees Prior to commencement of the Work, Consultant shall forward to the City a detailed resume of the personnel that will be assigned to the Work. Such personnel shall include, but not be limited to, architects and/or engineers as applicable. Agrreenrent 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 shill 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. h. 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. AgEeement 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 firrnished 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 wilt 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 Tequired 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 form. ■ 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" ® Waiver of Subrogation required. 3. Errors and Omissions ® Limit: $1,000,000 for this project. ® For all architects,engineers, and/or design companies s 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. h. 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 form. Errors and Omissions can be on claims-made form. 4. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after thirty (30) days' prior written notice by mail, return receipt requested,has been given to the City. Agree►nent 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. 4. Indemnification and Release f 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 HIND, 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 fiom Consultant or its principals, including, but not limited to, any taxes, fees, assessments,liens,or any payments identified in this Agreement; (c) the institution of voluntary or involuntary bankruptcy proceeding against Consultant; (d) the dissolution of Consultant; (e) refusing or failing to prosecute the Work or any separable part, with the diligence that will ensure its completion within the time specified in this Agreement; (f) failing to complete Work within the time period specified in this Agreement; and/or (g) the violation of any provision of this Agreement. Upon delivery of any notice of termination required herein, Consultant shall discontinue all services in connection with the performance of the Agreement. Within ten(10)days after receipt of the notice of termination, Consultant shall submit a final statement showing in detail the services satisfactorily performed and accepted and all other appropriate documentation required herein for payment of services. At the same time that the final statement is tendered to the City, Consultant shall also tender to the City's Representative all of Consultant's instruments of service,including all drawings, special provisions,field survey notes, reports, estimates, and any and all other documents or work project generated by Consultant under this Agreement, whether complete or not, in an acceptable form and format together with all unused materials supplied by the City. No final payment will be made until all such instruments of service and materials supplied are so tendered. If this Agreement is terminated for cause, Consultant shall be liable for any damage to the City resulting therefrom. This liability includes any increased costs incurred by the City in completing Consultant's services. The rights and remedies of the City in this section are in addition to any other rights and remedies provided by law or under this Agreement. 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. A reement 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: CP&Y Inc. 11757 Katy Freeway STE 1540 Houston,TX 77079 Each party shall have the right from time to time at any time to change its respective address and each shall have the light 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 tei7n 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 , 20 ,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 Cleric APPROVED AS TO FORM: TREVOR FANNING,Interim City Attorney CONSULTANT: CP&Y Inc. (Company e) (Signature) Robin Handel, P.E. (Printed Name) Senior Vice President (Title) STATE OF TEXAS § COUNTY OF HARRIS § Before me pop this d personally appeared ��Vt �. rid in his/her capacity as St. V C p_ f?s` + of ty% on behalf of such , dknown to me; 1 A_reement for Professional Services,Page 13 ❑ 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. SUBS hisday of u ,20n t•"• REBECCAS.MARTINEZ My Notary ID#1246002 Eow July 1,2023 Notary Public in and for the State o exas RAKaren Horner\Documents\Filcs\Enginecring\EnginceringAgrccmejits\Forms\Foims2021\COBAgreament.doc Agreement for Professional Services,Page 14 EXHIBIT"A" SCOPE OF WORK PROJECT BACKGROUND The existing IH-10 interchanges withing the City of Baytown are in need of improvements to adequately carry the existing and the projected traffic volumes.These interchanges include the following locations: • I H-10 at Thompson Road IH-10 at John Martin Road IH-10 at Garth Road • IH-10 at North Main Street a IH-10 at Sjolander Road The consultant shall perform traffic engineering studies at each of the interchanges to determine what improvements are necessary and then will develop construction plans for these proposed improvements. SCOPE OF WORK Consultant will perform the following scope of work to include Preliminary Engineering,Final Design,Bid Phase Services, and Construction Phase Services. BASIC Services Preliminary Design Phase Services 1. Data Collection a. Coordinate and attend Design Kick-Off meeting with city and project stakeholders. I. Review City Informational resources and arrange to obtain these ii. Discuss objectives of project and adjacent projects b. Procure such additional data as required through other services and/or sub consultants c. Obtain record drawings of existing utilities at each interchange from franchise utility owners d. Obtain record drawings from TxDOT e. Traffic Impact Studies for proposed developments near interchanges from City of Baytown f. Proposed Construction Plans for adjacent projects from TxDOT or City of Baytown including proposed improvements south of the interchange of IH-10 and Garth Road currently under design. 2. Topographic Survey Table 1 shows the limits of the proposed survey to be conducted at each interchange.The areas between the frontage roads within the limits of the interchanges will also be surveyed. i Table 1.Survey Limits—Measured from Center of Intersections on Frontage Roads Interchange EBFR EBFR WBFRT(Departure) Cross Street Cross Street (Approach) (Departure) (Approach) (North Leg) (South Leg) IH-10 at 410 ft 320 ft 450 ft 490 ft 600 ft Thompson Rd IH-10 at 440 ft 350 ft 385 ft 300 ft 295 ft 610 ft John Martin Rd IH-10 at 430 ft 330 ft _ 360 ft 320 ft 330 ft 320 ft Garth Rd_ IH-10 at 570 ft 300 ft 875 ft 290 ft 290 ft 310 ft N. Main St. IH-10 at 720 ft 285 ft 460 ft 300 ft 400 ft 500 ft Sjolander Dr.* *-Survey at interchange with Sjolader Drive will include bypass roadway to the south of the eastbound frontage road a. Survey will be performed in accordance with City of Baytown Requirements. b. Establish survey baselines and temporary benchmarks c. Perform topographic survey along each leg of the above referenced intersections d. Surveys will include cross sections taken at 100-foot intervals together with additional spot elevations taken for creating a TIN file. e. Provide TIN Files and plan view maps with surface utilities in MicroStation format for each intersection.Survey control maps and ASCII Text files will be included. 3. Subsurface Utility Engineering Investigation All utility investigations will be performed in accordance with ASCE 38-02:Standard Guideline for the collection and Depiction of Existing Subsurface Utility Data.SUE data will be collected within the survey limits for the projects defined in Table 1.Quality Level C/D SUE Data will be collected within the study area as defined below. Quality Level C&D a. All utility locations for Quality Level"C"and"D"work will be based on the topographic features collected during the survey portion of the project and as-built information that is provided by the city and the utility owners. L Quality Level D(QL-"D")—Generally,QL-"D"indicates information collected or derived from research of existing records and/or oral discussions. ii. Quality Level C(QL-"C")—Generally,QL-"C"indicates information obtained by surveying and plotting visible above-ground utility features and by using professional judgment in correlating this information to QL-"D" information. b. These services are for the purpose of aiding the design of the subject project by providing information related to subsurface utilities in order to allow potential utility conflicts to be minimized or eliminated. c. The engineer will provide services that meet the standard of care for existing subsurface utility location and mapping as established in Cl/ASCE 38-02 by exercising due diligence with regard to records research and acquisition of utility information, including visually inspecting the work area for evidence of utilities and reviewing the available utility record information from the various utility owners,however,the Engineer makes no guarantee that all utilities can or will be identified and shown as there still may be utilities within the project area that are undetectable or unknown. d. Facilities that are discovered through field investigative efforts by the Engineer,but no plan records or ownership data can be identified will be hereafter referred to as"unknown"utilities.As part of these services, z the Engineer will provide QL-C information in the project deliverables for all unknown utilities that may be identified in the field investigation of the project. Designating and/or locating unknown utilities will typically not be part of the initial scope of work but depending on the client's needs can be added as additional work to address concerns of the project impacts of"unknown"facilities. e. Engineer will request utility records on all crossing utilities from the Client, public utilities and private utility companies known to provide service within the project area,as well as other sources, in an effort to develop a comprehensive inventory of utility systems likely to be encountered. Where available, Engineer will download information on existing utilities via the City's Online system. Record documents may include construction plans, system diagrams, distribution maps, transmission maps, geographic information system data, as well as oral descriptions of the existing systems. The depiction of utilities from records (QL-"C" or "D") will be based on thorough field and office activities and shall be based on the most reliable indication of position available. f. Engineer will create and call in locate tickets for Texas 811 for the project areas. Timing of locates will be coordinated with Engineer's surveying staff to help ensure that locates are performed In concert with surveying operations. g. As part of the services provided in the Topographic and Boundary Survey Phase, the Engineer will visibly investigate surface features and appurtenances or all utility systems shown on the record drawings that are included within the project site,including but not limited to: I. Wastewater manholes(including measure down) ii. Storm sewer manholes(including measure down) III. Communication/fiber manholes iv. Hand holds V. Pull boxes vi. Water valves vii. Water meters vill. Fire hydrants ix. Cleanouts X. Blow-offs A, Pedestals(communication,fiber,electric) xii. Gas meters xiii. Signal boxes xiv. Electric poles(transmission and distribution) xv. Electric transformers xvi. Light poles xvii. Utility signs h. Prepare documentation of the utilities encountered and marked by Texas 811, including their general location, orientation,type&size,if known. I. Deliverable will consist of a Quality Level C/D- 2d(DGN)file depicting all sub-surface utilities found from record drawings and above ground appurtenances. The drawing will be signed and sealed by a Professional Engineer licensed in the State of Texas. Level "B" SUE will also be performed in areas where it is deemed necessary based on impacts of the proposed roadway construction to existing utilities in the project area as noted below: 3 Quality Level"B" a. Designate:Two-dimensional horizontal mapping.This information is obtained through the application and interpretation of appropriate non-destructive surface geophysical methods. Utility indications are referenced to established survey control.Incorporates quality levels C and D. b. As requested,compile"As Built"information from plans,plats and other location data as provided by the utility owners. c. Coordinate with the utility owner when utility owner's policy is to designate their own facilities at no cost for preliminary survey purposes.The engineer shall examine utility owner's work to ensure accuracy and completeness. d. Designate,record,and mark the horizontal location of existing utility facilities and their service laterals to existing buildings using non-destructive surface geophysical techniques.No storm sewer facilities are to be designated unless authorized by PM.A non-water base paint, utilizing the APWA color code scheme, must be used on all surface markings of underground utilities. e. Correlate utility owner records with designating data and resolve discrepancies using professional judgment. It is understood that line sizes of designated utilities are from the best available records and that an actual line size is determined from a test hole vacuum excavation.The engineer shall place a note stating,"line sizes are from best available records". f. Clearly identify all utilities that were discovered from quality levels C and 0 investigation(see below) but cannot be depicted in quality level B standards.These utilities must have a unique line style and symbology in the designate(Quality Level B)deliverable. Level "A"SUE test holes will also be performed at specific locations where it is deemed necessary based on impacts of the proposed roadway construction to existing utilities in the project area as noted below Level"A"Test Holes a. Quality Level A—Review requested test-hole locations and advise PM in the development of an appropriate test-hole work plan relative to the existing utility infrastructure and proposed roadway design elements. b. Coordinate with PM and utility owner inspectors as may be required by utility owner policy. c. Neatly cut and remove existing pavement material per City Standards unless unusual circumstances exist. d. Measure and record the following data on an appropriately formatted test hole data sheet that has been sealed and dated by the responsible engineer: L Elevation of top and/or bottom of utility tied to the datum of the furnished plan ii. Identify a minimum of two benchmarks utilized iii. Elevations shall be within an accuracy of 15mm(0.591 inches)of utilized benchmarks iv. Elevation of existing grade over utility at test hole location v. Horizontal location referenced to project coordinate datum vi. Outside diameter of pipe or width of duct banks and configuration of non-encased multi-conduit systems vii. Utility facility material(s) viii. Utility facility condition ix. Pavement thickness and type x. Coating/Wrapping information and condition xi. Unusual circumstances or field conditions 4 e. Excavate test holes in such a manner as to prevent any damage to wrappings,coatings,cathodic protection or other protective coverings and features.Water excavation can only be utilized with written approval from the City. f. Be responsible for any damage to the utility during the locating process. In the event of damage,the Consultant shall stop work,notify the appropriate utility facility owner,PM and appropriate regulatory agencies.The regulatory agencies include but are not limited to the Railroad Commission of Texas and the Texas Commission on Environmental Quality.The Consultant shall not resume work until the facility owner has determined the corrective action to be taken.The Consultant shall be liable for costs involved in the repair or replacement of the utility facility. g. Back Fill excavations with appropriate material,compact backfill by mechanical means,and restore pavement and surface material.The Consultant shall be responsible for the integrity of the backfill and surface restoration for a period of three years.Install a marker ribbon throughout the backfill. h. Furnish and install a permanent above ground marker(as may be specified by PM,directly above center line of the utility facilty). I. Provide complete restoration of work site and landscape to equal or better condition that before excavation. If a work site and landscape is not appropriately restored,the Consultant shall return to correct the condition at no extra charge to the City. j. Return plans,profiles,and test hole data sheets to PM. k. If requested,conduct a review of the findings with PM. 1. Close-out permits as required. 4. Traffic Study Perform traffic study at each interchange to determine required improvements to improve operations. Project goal is to provide LOS D during peak periods of traffic under future year conditions(25 years after opening year of project). Perform the following tasks in preparation of traffic study: a. Collect 24 Hour Turning Movement Counts(Weekday)at intersections of: I. IH 10 Frontage Roads and Thompson Road ii. IH-10 Frontage Roads and John Martin Road iii. IH-10 Frontage Roads and Garth Road iv. IH-10 Frontage Roads and North Main Street v. IH-10 Frontage Roads and Sjolander Drive b. Determine peak hour traffic counts at each interchange for AM and PM Peak Periods c. Calculate Projected Traffic Volumes for Design Year at each interchange(Opening Year+25 Years)using annual growth rate of 3.0% d. Develop SYNCHRO models for each interchange I. Separate Models for AM&PM Peak Periods 1. Existing Conditions(2021) 2. Proposed Future Year Conditions(Opening Year+25)No Build Conditions 3. Proposed Future Year Conditions(Opening Year+25)Conditions with Proposed Improvements ii. Use ICU(Intersection Capacity Utilization)methodology for calculating LOS in SYNCHRO models iii. Calibrate existing conditions models so they are accurately representing existing traffic conditions during peak periods iv. Perform SimTraffic Simulations and develop Measures of Effectiveness(MOE)for determining.For each scenario a minimum of 5 runs will be performed.For each run, network will be seeded for 10 5 minutes and simulation will be run for 60 minutes.Average MOEs from each of the 5 runs will be obtained for use in comparison. e. Develop letter report for each interchange(separate letter for each interchange)which will contain the following: I. Study Methodology ii. Summary of Traffic Data Collected iii. Results of SYNCHRO/SimTraffic Modeling iv. Proposed Recommendations to be designed at each interchange f. Engineer shall provide guidance to the city regarding the use of 3-phase vs 4-phase TTI phasing at each of the interchanges and how these are to be coded in the controllers for each interchange. S. Preliminary Roadway Design a. Prepare horizontal alignments/layouts for all proposed project alternatives necessary to fully describe the project scope,anticipated limitations,and potential project impacts. I. Design vehicle at each interchange will be WB-64(Tractor-Trailer) b. Perform preliminary hydrology and hydraulic calculations as deemed necessary based on relocation of inlets, storm sewers,etc. based on proposed roadway improvement plans c. Identify all necessary permits and approvals required for design approval and construction d. Develop proposed construction methodology and materials. e. Recommend value engineering options(alternative design,construction methods,procurement,etc.)that may improve efficiency,expedite the schedule,or reduce project costs. f. Develop Opinion of Probable Construction Cost(OPCC)with a 15%contingency g. Develop project schedule for proposed design and construction in MS Project format(Notice-to-Proceed to construction completion). h. Prepare 30%level construction plans i. Title Sheet ii. Index of Sheets iii. Existing and Proposed Typical Sections iv. Preliminary Traffic Control Plan Sheets v. Alignment Data Sheets vi. Plan and Profile Sheets vii. Preliminary Design Cross Sections i. Identify special specifications or special provisions needed,if any,and provide a list to the City Project Manager j. Identify areas where additional ROW will be required,if necessary. 6. Utility Coordination a. Establish contact with existing utilities within and adjacent to the proposed projects i. Obtain record drawings of existing utility facilities in vicinity of each interchange b. Determine locations of possible utility conflicts during preliminary design phase c. Conduct Utility Coordination Meeting following 30%design approval to present project to utilities along with timelines for relocation 7. Coordination with Other Agencies a. Coordinate with Harris County regarding requirements for roadway design within Harris County Right of Way. Engineer shall obtain design approval for the proposed improvements within Harris County Right of Way. 6 b. Coordinate with TxDOT regarding requirements for roadway design within TxDOT Right of Way. Engineer shall obtain design approval for the proposed improvements from TxDOT along with permits. c. Coordinate with City Project Manager regarding the need for internal city and public communication regarding temporary lane closures for field work,if needed. Preliminary Design Phase Deliverables • Topographic and ROW Survey at each interchange • SUE information at each interchange • Geotechnical investigation Report outlining methodology of the study,results,and proposed recommendations. • Environmental reports developed for each interchange and list of anticipated impacts and required permits for construction • Letter report for each interchange outlining traffic study methodology,results,and proposed recommendations at each interchange. • 30%Construction Plans for proposed Improvements • Project Schedule in MS Project Format • Opinion of Probable Construction Cost(OPCC)for each interchange • List of special specifications or special provisions,if needed • Utility Conflict Matrix with list of proposed utility conflicts and contact information for utility owners Final Design Phase Services Prepare Construction Plans and Specifications:including necessary design information for the selected alternative sufficient to achieve all detailed design milestones.Submit for review detailed construction plans at 60%,901yo,and 100% design stages.Submit design specifications beginning at 60%design stage and bid forms and completed "front end documents"beginning at 90%design stage. Construction plans will be developed for the following interchanges: • IH-10 Frontage Roads and Thompson Road • IH-10 Frontage Roads and John Martin Road • IH-10 Frontage Roads and Garth Road • IH-10 Frontage Roads and North Main Street • IH-10 Frontage Roads and Sjolander Drive The proposed improvements which are designed will be based on the results of the traffic study which is performed in the Preliminary Design Phase of this project. Final Design Phase services to include the development of the following items: 8. Construction Plans a. Title Sheet b. index of Sheets c. Existing and Proposed Typical Sections d. Summary of Quantity Sheets e. Traffic Control Plan Layouts and Typical Sections f. Survey Control Sheets g. Alignment Data Sheets h. Roadway Plan and Profile Sheets I. Intersection Grading Sheets j. Driveway Detail Sheets k. Drainage Area Maps I. Hydraulic Calculation Sheets m. Storm Sewer Modification Sheets n. Utility Plan Sheets—Existing and Proposed Relocations o. Traffic Signal Modification Sheets I. Engineer to minimize Impacts to existing signals as much as possible ii, Engineer to design new detection at each interchange(Econolite EVO Radar) iii. Engineer to design upgrades of all interchanges to operate as Isolated Adaptively Timed intersections using SynchroGreen. Engineer shall coordinate with Trafficware to determine required locations of detection zones and other timing parameters to operate with this software, p. Signing and Pavement Marking Sheets q. Stormwater Pollution Prevention Plan(SW3P)Sheets 9. Project Manual Development a. Completed"front end documents" at 60%,90%,and 100%,including I. Division 0 ii. Division 1 iii. Division 2 iv. Division 3 b. Bid Form with Project Quantities 10. Opinion of Probable Construction Cost a. Submitted at 60%submittal,with a 15%contingency b. Submitted at 90%submittal,with a 10%contingency c. Submitted at 100%submittal,with a 5%contingency 11. Proposed Construction Schedule in MS Project Format a. Submitted at 60%,90%,and 100°%design stages 12. Coordination with Other Agencies a. Perform all necessary coordination with other agencies including TxDOT, Harris County,and any other external regulatory and permitting agencies. b. Identify,acquire and submit all necessary permits and approvals required for construction 13. Final Construction Package a. Hold Technical Review Committee(TRC)Meeting with the City. b. Prepare bid set for distribution via City's electronic bidding/procurement system. 14. Utility Coordination a. Conduct additional utility coordination meetings following 60%&90%Construction Plan Submittals b. Develop work plan for relocation of the utilities prior to commencement of construction of the roadway project including timelines for utility relocation and roadway construction. c. Obtain in writing from each utility franchise owner verification that their facilities are either clear of the proposed roadway construction or will be relocated based on the required dates in the work plan. d. Maintain utility conflict matrix for each interchange throughout the life of the project Bid Phase Services Provide support to City of Baytown during the bid phase for the project.The services to be provided will include: 15. Bid-Ready Package a. Electronic Copy of bid-ready package to City PM 8 b. Notice to Bidders(NTB)and list of bid items to PM in an electronic form appropriate for the electronic procurement. c. Respond to bidder questions and draft Addenda incoordination with the City d. Assist with creation of bid proposal 16. Recommendation of Award a. Prepare Engineer's Recommendation of Award Letter that includes the following: I. Check for math errors and reconcile any mathematical discrepancies ii. Review of unbalanced bid items III. Certified Bid Tabulation including Engineer's Estimate iv. Review of contractor's financial standing and references v. Explanation of discrepancies between the Engineer's estimate and bids vi. Recommendation to award 17. Contract Documents Produce and transmit five(5)sets of engineering design and project manuals in hard copy,and one electronic format copy to the City's Project Manager,In a format ready for execution with City's Notice of Intent to Award (NO[). 18. Meetings a. Attend Pre-Bid Conference b. Attend Bid Opening c. Attend City Council meeting and recommendation for Award of Construction Contract Construction Phase Services It is anticipated that the City will provide construction management,daily inspection,and construction materials testing as needed.Consultant will support the City's Construction Manager with the following tasks. 19. Meetings a. Attend pre-construction meeting to provide information&answer questions b. Attend monthly progress meetings with Construction Manager&contractor 20. Review Submittals b. Review/Comment on Shop Drawings in coordination with City Construction Manager and Project Manager c. Respond to Requests for Information(RFI)in coordination with City Construction Manager and Project Manager d. Respond to Requests for Change Orders(RCO)in coordination with City Construction Manager and Project Manager e. Coordination with Construction Manager on Change Directives and Change Orders 21. Monthly Pay Applications a. Review&approve monthly pay applications in coordination with Construction Manager 22. Interpretive Guidance a. Provide interpretive guidance for Contractor and City's Construction Manager in resolution of construction Issues 23. Construction Administration a. Coordinate with City Construction Manager and Project Manager regarding the public communication related to temporary road closures and lane/driveway closures as needed. 9 b. Provide periodic and final assessments and tests reports,as required. c. Coordinate with Construction Manager to review progress of work for Substantial Completion with production of punch list;substantiation that items are completed;and issue both Certificate of Substantial Completion&Final Acceptance d. Issue letter to City recommending acceptance&release of final payment 24. Record Drawings a. Provide record drawings from contractor's as-builts in electronic format Additional Services Consultant can provide additional services,if needed,upon the issuance of a written change in scope.Any additional fee due as a result of the material change to the Scope of Services shall be agreed upon in writing by both parties prior to the services being performed. 10 EXHIBIT"B" Summary IH-10 Interchange Improvements City of Baytown Basic Seywices Phase CP&Y G61(OBE) WGC ORE) Total PetceniaA )ralltnirwy Design Phase Services $106S96A0 S71ASO.0a $177,746,0048.70% InalOeslv Phase SerWces _ $94,140.00 $60,M.00 $1S4,275. 4217% BM Phase Sere ms __ --_--�—� _ $6,305.00 SIX 1.73% Construction Phase Services $7W0.00 $26,620 7,29% Totals $1".E4190 U0,19SM $71.150;00 SU41.44k.04' 100. rl CP&Y-CP&Y,ina GG-Gradient Group,LLC(DBE) WGC Western Group Consultants Key Staff Project Manager:Brian!ones,PE Quahty Manager:2ach Stone,PE Senior Engineer:Marcel Strachan,PE Senior Engineer:Qlaved,PE EXHIBIT"B" Detailed Summary EXHIBIT B City of Baytown-I1-1-10 Interchange Improvements LEVEL OF EFFORT SUMMARY Protect Name:1H 101ntechange Improvements Date Provided.1/27/2022 Basic Services Task CP&Y,Inc. LtWGC Gradient Total t4.PJJj 11gar Qed i ,Phlas� e'nifres _ Task 1-Data C0114ction eslgn Kick Ofl Mceting with City and Stakeholders u $475.00 $47S.00 rdlnatlan for Collection of additional Data:AS•Sutlts,Ad centTrafRc Studies,Mc. $475.00 _ $475.00 - --- Tiskl6u�Total $950-DD Task2-Ta ogra hlc5urvey e ra hic Su •13,800 Linear Feet 1,400.00 $41,400.00 Pre are Plan View Maps and survey control maps $17,250.00 $17.250.00 INfltesforellSlnterchanges $12,500.00 $12,50040 -- Task 2 Sub-To71 $71,150.00 - ----- Task 9•Bubsurtate UtBity EttIIIIIN s InvastigAHao �- ecords Research - - $5,040.00 $S,040.00 roductlon/QA of QL."t &'0'Oeliverables(Microstatlon) $23,980.00 $23,980.00 act meetings/safety0rientallon $1120.00 $1120.00 ontract Administration $336.00 $336.00 evfl1 IW Designation of ExhUn iiitlas(2•Man SUE Crew) $5,280.00 $S,280.00 flvat"A"Test Holes(Estimated 8 ea @$2600 ea] $20,900.00 _ Task 3$ub-Tota $35.756,00 Task 4-Traf f Ic Sludy oordinatian for Collection of Traffic Counts $210.clo $210AD fltarmina Peak Hour Traffic Counts at Interchanges(AM/PM Peaks) $6s0.00 $650.00- Calculate Projected Traffic Volumes for Desl$n Year(Opening Year+25) $650A0 $00,00 evelop SYNCHRO Models $0.00 a.Usting Conditions $2,620.00 $2 620.00 b.Projected Conditions(NO-Build) $1,300.00 $1,300.00 c.Projected Conditions(W(th improvements) $3ASOM $3,490.00 d.Perform 51mTraffcSimulations SRuns-EAstirto Conditions ______. $1,300.00 $1,300.00 e.Perform SlmTrafllc Simulations(5 Runs)-Projected Conditions(No-Build) $1,300.00 $1,300.00 d.Perform 51mTrafflc Simulations(5 Rum)-Projected Conditions(With Improvements) $1,740.00 $1740.00 e.Develop Measures of Effectiveness from SlmTrafflc and SYNCHRO $1,SSSA0 $1,S55.00 Develop letter traffic report for each Interchange $0,00 a.IH•10 and Thompson Road $1,975.00 $1,975.00 Is.IH-10 and John Martin Road $1,975,00 $1,975.00 c.IH•10 and Garth Road 11,975.00 $1975.00 d.IH•10 and North Main Street $1975.00 $1,975.00 a.IH-10 and Sjolander Drive $1,975.00 $1,975-00 Task 4 Sub-Tatat Task s-Preliminary Roadway Design repare horizontal alignments/layouts for all proposed project alternatives SS,450.00 $5,450.00 reliminaryh relo /hydrauliccalculations $4,010.00 $4,010.00 dentify all necessary permits and approvals required for design approval $2.260.00 $1,260,00 evelop proposed construcltan methodo and materials(Preliminary Sequencing) $4,060W $4,060.00 ecommend Value Engineering Options $750.00 $750.00 3evelop Opinion of Probable Construction Cost $1,915.00 $1,915A0 evelop Project Schedule for Proposed Design and Construction MS Project format; $795.00 $795.00 derittlyareas where additional ROW will be required $430.00 $430.00 - --- � TaskSSub-Toni $I8,b70.00 Task 6-Ulf icy Coardlnatlon stablish Contact with Utility Companies and Ohteln Record Drawings $540.00 $540.00 etermine locations of possible utility conflicts $1,390.00 $1,390.00 onduct Utilty Coordirtat Ion Meeting following 30%design a pproval(Includes Prep Time) $1,090.(I0 $1,090.00 Tatit85ub Tofa $3,020Ao _ Task7-CoordinAlan With Other ettdl s r1c t Coordination(Assume 1 Meflting In Preilminary Design Phase) _ S9so.00 $950.00 rdination(Assume 1 Meeting In Preliminary,Design Phase) 5950.00 $950.00 munication _ $820.00 $920.00 - Task 7sttb-Total $2;710.00 $106,596.00 $71,150.00 $0.00 A S177,740A0 nit D�±�serj5er' k4 Task a:Construction Plats €fle5heet 5.00 535.00 idex of Sheets $1,440.00 $1,440.00 sOng and Proposed Typkal Sections $9.70040 $405.00 $10,105.00 mmaryofQvardt Sheets $9,250.00 $2130.00 $31,380.00 traffic Control Plan la and T caTSections $10,990.00 $4,71MOO $15.700.00 Survey Control Sheets $525.00 $525.00 gnment Data Sheets $90SA0 $905.00 Roadway Plan and Profile Sheets $10,285.00 $12.735.00 $23,020.00 Intersection Grading Sheets $4,680.00 $61885.00 $11S6S.00 Driveway Detail Sheets 54,790DO $4,790.00 DralnageAreaMaot $2,83SA0 $2,340A0 $5,175.0D Hydraulic Calculation Sheets $3,470.00 $3,795.00 $7,265.00 - Storm Sewer Modification Sheets $4,740.00 $6,615.00 $11,355.00 utifity Plan Sheets $91380.00 1 $4,3S0A0 $7,730.00 Traffic Signal Modification Sheets $7,970.00 $5,130.00 $13,100.00 Signing and Pavement Marking Sheets SON-00 $2,670.00 $6,730.00 W3P Plans _ _ $1,300.00 S3,1S0.00 $4,450.00 _ Taskd Sub-TaWl 135,770.0D Task 9-Project Mamral Pwvlopment ompleted'f_ront End Documents" Task 52 340A0 old Form with Project Quantities $750A0 $750.00 Task 9 Sub-Tatat 33,040.00 Task 10-Opinion of Probable Construction Cost D evelop and Maintain 0 Mon of Probable Construction Cost 91.945.00 $1 t $8.190.00 Task 10 Sub 5ub Tot $119D.R` taskil- d Construction Schedule inMSProJOUMmat Develop and Maintain Construction Schedule 2,060.00 $1,060.00 Taskusub•Total $1asa00 Tack 12-Coordienattan wlih Other Agencies aryls County Coordination(Assume 2 Meetings) $950.00 $950.00 xDOT Coordination(Assume 2 Meetings) $950 00 $930.00 $1,880.00 btain all necessary a royals and permits for construction from Harris County&TOOT $1 D90.00 $1,090.00 Tatk125frb-total $ =I Qp Task 13-final Consltisdian pack s jdSetfarDittdbut€onNaCiry'sefectronicbldding/ curementsystem $850.00 53,365.00 52,215.00 Tdtk 13 Sub-Tatelli 51315.00 Task14•UUI Coordieation tilt Coordination Meetings at WX and 90%-Assume 2 Meetings $640.00 51,880.00 52,320.E Work Plan for Utility Relocation $650.00 $650.00 Coordination with Utilitlos to obtain clearance $1,520.00 $1,520.00 Maintain Utility Conflict Matrix for each interchange 540.00 $540.00 -task 14 Su:>-TOW $5,03100 orals $94,140.00 $0.00 $6DA35.00 $154,175.00 _ H_id Phas�e��erv#ceps. - � TaIrts-eid-BeadVPaeknga - -- - roAde Bid-Ready Package and Notice to Bidders f $0.00 L $0A0 Respond to Questions from Bidders $430.00 5430.00 Prepare Addenda as necessary $64D.00 $640.00 Assist xAth Creation of Bid Proposal $535.00 $535.00 . Task 18 Sub-Total 1,60d.0o Task 16-Recommendation ofAw cl _ Review Bids from Contraders(Math Errors&Unbalanced Bids -___ ___ $860.60 $660.00 Develop Certified Btd Tabulation $1p80.00 $1,080A0 Review of Contreactoes Financial Standing and References $420.00 $420.00 Prepare Recommendation of Award Letter to City of Baytaum $420.00 $420.00 - ---- TaskL0Su14Tota� $2,7l�.00 V Taik18•Merttrtda Pre-bid Conference 664D00 1 $640.00 Bid Opening $6000 $640.00 ry Coundl Meeting for Award of Contract J $64MOD $640A0 Task i85ub-Total $3492o.00 otals $6,3MOD $0.00 1 $0.00 $6,305•00 o � Task 19-Mteti s - _- _ _ _ __ Fre--omstructionmeeting $64OA0 �$640.00 etin s Assumed 12 Meetings $9,600.00 $9,600.00 Task 19 Sub-Toul $10,240.00 Task 20-Review Submittals Review Shop Drawings $870.00 $870.00 Respond to Requests for information $430.00 $430.00 Respond to Requests for Change Orders $430.00 1 $430.00 Coordination with Construciton Manager 540.00 t $540.00 Task 2OSub>Fotal S2,Z7O.00 - Task 21-Mamtdy Pay Applications Review&Approve Monthly PayAppllcations _ $1,72 1 $1,720.00 _ Task215ub-Total $1,720.00 Task 2E•inta rotiveGuidance _ Provlde Guidance to Contractor J Construction Manager $640.00 640.00 Fask72SuD-Totsf $540.00 Task23•Construction Aitministratlon ErmlideRecord lc and Final Inspeclkms $9,600.00 $9,600.00 ith Construction Manager(Review Status of Work for Substantial ComplM[on,punch list,etc( $640.00 542$640.00 r Acceptance and Final Payment $420.00 $420.00 Task 23 Sub-Total $10,660.00 Talk 24-Record Drawings d Drawings from Contractor's As-guilts $1,090.00 Task24SUb-Total$26,620.00 $D.00 $o.00$233,661.00 $71,150.00 $60,135.00 $364,946.00 EXH18R"S' LEVEL OF EFFORT cP&Y,Ina Level of Effort-Basic Services rNd Omr f"iRrHWP Mon Marrb fAm/TO vaFd+�aaurM awtlll IL4 ptlsGoo sAaeka XmS Tr+ AA�.ls A`..1. tMr We..P.17 T"i!{NO Aru,a lowierl os Trrnu.Il i.a.+r r.u"e+s nmrw � rn.e� � CNIO lSI6tl tlm lfKW tYCI1 [11.f! LIIM dp :t<jel(ml��'ggc'si"giYph'a,se Serpjces s 1 4- d v cwv,nAadeav u 'A'Tt4Mtle QCAW/ri S6 LYA. ~ y S Tn9[TyY T�k Yrrf ! pNWm y � !llmM r�....ow a aw..a>ber o"eais. 1 a 1 m aim a vwww mrauu u- >• uum W,�M_ fnc�AO r lxu. iraa .iwu w 1 ad eenumnm �aerw m i s 1 x M1D rr¢M,bmMt 1 1 LIlLm Lm ww x d / b r bT m�nuna .r z d yp x 1 1 u Lf1Lm SeWeb L !>73L0 ae�+en M x W Or�nlr Utlbfevbo4n ��30I{ IvdmNw• / Ar�Nr ! >AMSSI vwwMf�[r L ]S 9 Si tl nll.Snr mm Illam lMUQ SAm im Imm W LIlI{ a))f ]LIf!! Tiff! LD* t LIM SLiA1{ m wre. se.e. e<.r xw.nu v++�wn .+re.. o•.l...i. o..�s rnasn ne.u. r•aw» � Jsmsw .sn..a � slue. -- suo.e sxmm s wmL sxum n.m FIJiaLUesign Phase SeloitxK )t LW � 1 1JWie .la plMAAwu S SS S !A �� 1 a v scram � s » �� _ s s v f7•JOSD s.Jf -•.� .r.+wsw � x u �. �_ .Jk x f a u ro JJS . u w sxrw e.+w+ u .um seu•ar.awwes.+r�rx+a.. Jr» usum owvr..Jn.ra.ox�cocanrn � s r x ..,.+ 1.raamrsx.,r�xx„L .r.om sim a vaJLm u• er�� n.gr•.�as»....rd.xsaw.ea x x a uslaae ,�yy,m _ •sMi o o •o m r.. xmo a.•m xam JA% L•.f I4Tx iSlW1 OmM 6mR lbNl 6 tyw orn rsayeSm emfp nd..rm nae/na aaneM'samfw aam.fuf ufSr rtLm tmwaul M ttaga eaeaa Waa oOwR.n irtialtl]I aap Gwtwr■ bea rWam iW lw halt Mona ThmIM esmm Rea saeee Psam tram arse nnm fvfa fye s]am nxM fsxm tease Wd Phase Services e»sem w yeemmfraaz eea seeaaa.a.>v. a tease o.ra rea x aaetmmL _ /:JAV fY i�fyw 1 f.�,.ars*awrrs I.m.mwr - tru _ L a.aNdtaedal1 ] ] Taa Ltmm xem. u o o a a o It a a f]]om f s]mm ]sass IY b W YJCO Wna ■M OCeL ish eaY a 4aNw �� traebl ntslmtaa TatdM rfrm �Reet tSum � asLss asses tuose suem tsam fw.m f fssfm usaw a.•. tanstrumido Phase Skikes, s� ee�aaga 4mlaaeue � n nvem m naa M were w rlal +snmmwm.n Ime.rw.srswe.a+ ramyrn.wtr crams eefrfea. May yap tmawrfxree i e e v n o f sym+u selm M��~ vs]x� omy Lau amr omL oow natl mmi amL �' s''0Os111' �' s♦m 4°°"°r saex.n ]aaM stems fmm msm amm tfssas tome f]]eas ssm f]uae aas num seam p1° IeeYn]adt *xrMa ue n m m es n u a vn vy ]m M ]a. a]aso a]om asses a]Gm sua SSfLee m a]Lm v ] a] m utmss ]eemm saf�..lm M fs]ms u,uL um n sonL s. s]n am a.sp utfm v.]fs nfa EXHIBIT"B" LEVEL OF EFFORT Western Group Consultants level of Effort- Basic Services Task Total Fee Pretifriifragg6e i:gh Phn- -SerV M Task 2-Surveying Topographic Surveys-13,800 linear Feet $41,400.00 Prepare Plan Yew Maps and survey control maps $17,250.00 IN files for all 5Interchanges $12,500.00 Task 25ubdotat $]3,150.00 EXHIBIT'B" LEVEL OF EFFORT Gradient Group Level of Effort-Basic Services av« .mw a r-n b T .mho 1pfr Yd .�md.N Muuyr Ms.pl O+dml Lylsv M1row be— T--ya m6p.6ffin CaOD Ombv.r '� T.e1MWn Teens SwOm S1e0N »Pm S1OL6 ti>886 StU80 531006 818t0 S14S20 tie6t6 SW80 Final Design hase Se ices +41wa•�,ae.we vm1i am1 a s.Wan x x 7 s41am K s!w% i a a 14 1wW mrx nm aT seedeu 1 2 a n naW i+maNZ6.S— 7 x 1 u M 0 $T W inLes.eJ. Sh— 1 8 3 u ID u Iva Ne.0 1 2 4 8 ss nw..o<c.me4dWs6e.0 2 u ss 13.791.W Swim R—awdmpds 9—r ter Bft—.d Sd—o 3 24 12 39 UtAtn•I Sh..e _ I 2 12 12 it LJ10d6 nf8c 4W Nedihrt16n4yf• l 2 16 1 31 SSAWM B Ieaaxm 60ae W12 1 8 6 16 SL410•W .W 1 2 6 L 5LMOU TmpT 4 Sxx0006n aM I 4 6 11 1.0= OC A"Ww 1 i 4 s9mw 6U%6.Mn.WnanmMLCmutbmenCeen .es 4 I 2 6 S peA.i. i 1 1 1 a An6m Ymowse lWll6eeiew Cemmafe i I 1 1 6 16 6pSA0 bel NOue 0 0 15 39 Y 10 0 1!1 0 1.56 6 fiS Se115L8 Fs Hw SSW.W SSCOW 62mm 61nW Sxa0A0 . .W 'g. $165m S10m fn o.r ClxY0a0a0 S.AO SO.6o S *"w $maw W 4l$pp S ma S i:. Umom% L"% ].S®S 1 LM I SS9% I OMM I 4aS6% I Q= a7$% 1 %M Exhibit "C" is �: ., .._........ n.ww ....m_..., tea..................�_ i _ram.N .,Nw ..��,,.., ii..,�..r.........�..... ... ..s. Lr.�.+r....r.r._ .w..n ....ram.T. t....r��.M�