Ordinance No. 15,768 ORDINANCE NO. 15,768
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO THE FOURTH AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH FIVENGINEERING, LLC, FOR
ENGINEERING SERVICES ASSOCIATED WITH THE BARKULOO AND
CONNALLY AREA WATER AND WASTEWATER ANNEXATION PROJECT TO
REMOVE THE REMAINING EASEMENT ACQUISITION DUTIES AND FUNDS
FROM THE SCOPE OF SERVICES 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 the Fourth Amendment to the Professional
Services Agreement with Fivengineering, LLC, for engineering services associated with the Barkuloo and
Connally Area Water and Wastewater Annexation Project. A copy of the amendment is attached hereto,
marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown and Fivengineering, LLC agree to
reduce the easement acquisition portion of the scope of services of the professional services contract, and
amendments,by TWO HUNDRED FIFTY-THREE THOUSAND FIVE HUNDRED FORTY-ONE AND
65/100 DOLLARS ($253,541.65) in accordance with the amendment authorized in Section l hereinabove.
Section 3: 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 Cou'4il of the City of
Baytown,this the 281h day of March,2024.
DON CAPETILLO, ayor
ATTEST: �F gpYTOW4,l
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V: LO
AmeEtA
;APPRO:VED
.ease S T FORM: F OF I
LE ND, City Attorney
R:'ScotnOrdmanccs 24-03-28'%4thAmcndmcntFrvcEnginccring4Barkuloo&ConnallyArcaWatcr&WastcwatcrAnncxanonProjcct.docx
EXHIBIT "A"
Consulting Services Contract Amendment
Barkuloo and Connally Area Water and Wastewater Annexation Proiect
Date of Issuance: 02/22/2024 Amendment No: 04
BET EMIR Consultant: Fivengineering. LLC Project No: SS2002
BAYTOWN PO#: 2314231
Explanation:
The following amendment is to remove a portion of the scope of work from the original professional services
agreement with Fivengineering for the Barkuloo and Connally Area Water and Wastewater Annexation
Project. The original agreement designated$542,722.67 for Easement Acquisition. Fivengineering has billed
the city in the amount of$289,181.02 for work performed on this task. The remaining balance of$253,541.65
will be removed from the agreement as the city Right of Way Coordinator will complete this task. The
original agreement was executed on September 30, 2019.
Description of Work Cost Time
1. Task 8 Easement Acquisition ($ 253,541.65) 0 Days
2. $ 0 0 Days
3. $ 0 0 Days
4. $ 0 0 Days
5. $ 0 0 Days
Total ($ 253,541.65) 0 Days
Proposal Scope/Schedule: The Easement Acquisition Services for this project will be handled internally by
city's Right of Way Coordinator. By removing this scope of work from Fi—vengineering, this will allow the city
to coordinate directly with the appropriate third-party groups eliminating the 10% markup from Fivengineering
for the same services.
Cost& Time Change Summary: LQA Time
Original Contract: $987,548.41 0 Days
Previous Amendment(s): $719,275.48 N/A Days
Net increase (decrease) from this Amendment: ($253,541.65) 0 Days
Revised Contract: $1,453,282.24 0 Days
Percent increase (decrease) this Amendment (25.67%)
Percent increase (decrease) all Amendments (47.15%)
[Remainder of Page Purposely Left Blank]
R Template0esign I of 2 D6.Revised 9:2023
Consultant agrees to perform changes(s) included in this Contract Amendment for the price and time indicated.
The prices for changes included all costs associated with this Contract Amendment.
No work is to be done until this Amendment is executed. No payment to the Consultant shall be made for work
included in the Amendment until this Amendment is executed.
Unless a different meaning clearly appears from the context, words and phrases as used in this Amendment,the
terms and phrases as used herein shall have the same meanings as in the Agreement. The provisions of this
Amendment and the Agreement and all previous amendments, if any, shall be read together and construed as
one agreement provided that, in the event of any conflict or inconsistency, between the provisions of this
Amendment and the provisions of the Agreement and any previous amendment,the provisions of this
Amendment shall control. This Amendment has been jointly negotiated by the parties hereunder and shall not
be construed against a party hereunder because that party may have assumed primary responsibility for the
drafting of this Amendment. By this Amendment, 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 Amendment, the
Agreement or any other contract or agreement or addenda, any charter, or applicable state law. Nothing
contained in this Amendment or in the Agreement shall be construed in any way to limit or to waive the City's
sovereign immunity.
The persons executing this Agreement hereby represent that each party has the full power and authority to enter
into and perform pursuant to the Amendment, and that each has been properly authorized and empowered to
enter into the Amendment.
Upon execution by all parties, the following changes identified for the Contract Value and/or Contract
Time shown, are made part of the Contract.
APPROVED: APPROVED:
By: Date: X1 By: Date:
6 nsultant JASON E.REYNOLDS,City Manager
Kelly Humphries, PE, PMP
Printed Name APPROVED AS TO CONTENT:
Principal By: Date:(13L0�12Q24
Title FRANK O.SIMONF.AUX,JR.,P.E.,PWE Director
APPROVED AS TO FUNDING:
By: Date:
By: Date: 2/26/24 TERESA McKENZIE,Chief Financial Officer
Proj Manager
Enrique I a
Printed Name
A At.. k
By: Date: 3/6/24
Busin Asset Team Memb _
Taylor Khoury
Printed Name
R\Template\Design 2 of 2 D6.Revised 9.2023
trjP
5Engineering,LLC
11200 Westheimer Road, Suite 353
Houston,TX 77042
832-800-3483
City of Baytown Invoice number 0080-002-INV-19
2123 Market St. Date 01/11/2024
PO Box 424
Baytown,TX 77522 Project 0080-002 BARKULOO AND CONNALLY
PO 2000059
For professional services through January 05, 2024
Contract Percent
Description Amount Complete Prior Billed Total Billed Current Billed
Task 1 Preliminary Design(5e) 39,600.00 100.00 39,600.00 39,600.00 0.00
Task 2 Design Phase(5e) 468,120.00 100.00 468,120.00 468,120.00 0.00
Task 3 Bid Phase Services(5e) 8,660.00 100.00 8,660.00 8,660.00 0.00
Task 4 Construction Phase Services(5e) 29,820.00 100.00 16,260.00 29,820.00 13,560.00
Task 5 SUE 54,923.00 100.00 54,923.00 54,923.00 0.00
Task 6 ESA Phase 1 22,762.20 100.00 22,762.20 22,762.20 0.00
Task 8 Easement Acquisition 542,722.67 53.28 289,181.02 289,181.02 0.00
� as 9 ei b rs I on ul n i s 1, 00 0 1 0. 0 1 0 0 ,0 0. 0
Task 10 Consultant Prelim Design/Easement 1,650.00 100.00 1,650.00 1,650.00 0.00
Task 11 Consultant Design Phase 436,732.15 100.00 436,732.15 436,732.15 0.00
Task 13 Undefined 550.00 100.00 550.00 550.00 0.00
Total 1,707,005.88 85.15 1,439,904.23 1,453,464.23 13,560.00
Invoice total 13,560.00
Approved by:
rank L� 4
. Stephen '
01-17 024
City of Baytown Invoice number 0080-002-INV-19 Invoice date 01/11/2024
Page 1
City of Baytown-Barkuloo and Connally Area Water and Wastewater Annexation Project FINAL INVOICE
Purchase Order No.2000059
Contract Prior Billed %Complete Total Billed Current Billed
Task No. Task Description
Contract Total $1,707,005.88 $1,419,427.84 85.15% $1,453,464.24 $13,560.00
01 Preliminary Design(5e) _ $39,600.00 $39,600.00 100.00% $39,600.00 $0.00
1Project Management $41,250.00 $39,187.50 95.00% $39,187.50 $0.00
Design TM $8,100.00 $8,100.00 100.00% $8,100.00 $0.00
01.Amendment A -$9,750.00 -$6,228.75 100.00% ($9,750.00) _ $0.00
02 Design Phase(5e) $468,120.00 $468,120.00 100.00% $468,120.00 0.00
30%Design Phase $115,839.00 $115,839.00 100.00% $115,839.00 $0.00
60%Design Phase $115,839.00 $115,839.00 100.00% $115,839.00 $0.00
90%Design Phase $115,839.00 $115,839.06 100.00% $115,839.00_ $0.00
_ 100%Design Phase $38,613.00 $38,613.00 100.00% $38,613.00 $0.00
02.Al Amendment A $28,890.00 $28,890.00 100.00% $28,890.00 $0.00_
02.B1 Amendment B $13,590.00 $13,590.00 100.00% $13,590.00 $0.00
02.C1Amendment C $39,510.00 $39,510.00 100.005i. $39,510.00 $0.00
03 Bid Phase Services-(5e) $8,660.00 $8,660.00 100.00% $8,660.00 $0.00
_�03.AmendmentA $1,220.00 $1,220.00 100.00% $1,220.00 $0.00
04 Construction Phase Services(5e) $29,820.00 $29,820.00 100.00% $29,820.00 $13,560.00
-I04.Project management $16,260.00 $16,260.00 100.00%_ $16,260.00 $0.00
04.Amendment A _ $13,560.00 $13,560.00 100.00% $13,560.00 $0.00
05 ` SUE(Weisser Engineering) _ $54,923.00 $54,923.00 100.00% $54,923.00 $_0.00_
05.Project Management70$43,703.00 $43, 3.00 100.00% $54,923.00 $0.00
5,61 05.Amendment A $ 0.00 $5,616.00 100.00% $0.00 $0.00
05.Amendment B $5,610.00 $5,610.00 100.00% $0.00 $0.00
06 ESA Phase 1 (Aviles Engineering) $22,762.20 $22,762.20 100.00% $22,762.20 $0.00
I06.Amendment A $5,774.69 $5,774.69 100.00% $5,774.69 $0.00
06.Amendment B $3,452.47 $3,452.47 100.00% $0.00 $0.00
07 _ESA Phase 2(Aviles Engineering) $100,465.86 $100,465.86 100.00% $100,465.86 $0.00
07.Aviles Engineering $58,973.96 $58,973.96 100.00% $58,973.96 $0.00
07.Amendment A $20,058.71 $20,058.71 100.00% $20,058.71 $0.00
m en _
08 Easement Acquisition(Weisser Engineering) $542,722.67 $285,964.62 53.28% $289,181.02 $0.00
_ 08 Amendment 1A $47,850.00 $47,850.00 100.00% $47,850.00 $0.00
_ 08 Amendment C-Weisser $77,880.00 $74,663.60 100.00% $77,880.00 $0.00
08 Amendment C-RoW Solutions $146,300.00 $32,725.00 22.37% $32,725.00 $0.00
_ 08 Amendemnt C-P_ec_heron $31,351.00 $6,151.02 19.62% $6,151.02 $0.00
_08 Amendment C-Urban Real Estate $234,391.67 $124,575.00 53.15% $124,575.00 $0.00
s I r ilr i $1 00 0 $1 00 0 10 .0 ° 1, 00. 0 $ 00
10 Consultant Prelim Design/Easement(Weisser Engineering) $1,6_50.00 $1,650.00 100.00% $ ,65 .00 0.
_ 1.1 Design Phase Consultant _ $436,732.15 $436,732.16 100.00% $436,732.16_ $0.00
Burditt_Consultants _ $15,400.00 $15,400.00 100.00% $15,400.00 $0.00_
_ 11.Amendment A __ $3,740.00 $3,740.00 100.00% $3,740.00 $0.00
11.Amendment B $2,090.00 $2,090.00 100.00% $2,090.00 $0.00
Aviles Engineering $110,437.80 $110,437.80 100.00% $110,437.80 $0.00_
11.Amendment A $13,999.15 $13,999.15 100.00% _12,$13,999.15_ $0.00
62 11.Amendment B $12,623.20 $12, 3.20 100.00% $ 623.20 $0.00
Texas Water Engineering $0.00 $0.00 0.00% $0.00 $0.00
_ Traf IQ $43,846.00 $43,8_46.00_ 100.00% $43,846.00 $0.00
11.Amendment A $7,590.00 $7,590.00 100.00% $7,590.00 $0.00
11.Amendment B $3,080.00 $3,080.00 100.00% $3,080.00 $0.00
Baird Gilroy 8 Dixon -$650.00 -$650.00 0.00% ($650.00) $0.00
_Weisser Engineering $175,213.50 $175,213.50 100.00% $175,213.50 $0.00
_ 11.Amendment A $37,075.50 $37,075.51 100.00% $37,075.51 $0.00
_ 11.Amendment B $12,287.00 $12,287.00 100.00% $12,287.00 $0.00
12 Consultant Construction Phase $0.00 $0.00 0.00% $0.00 $0.00
_IBaird Gilroy&bixon_ _ $0.00 $0.00 0.00% $0.00 $0.00
Texas Water Engineering $0.00 $0.00 0.00% $0.00 $0.00
13 Electrical Consultant $550.00 $550.00 100.00%1 $550.00 $0.00
C�905engineering
11200 Westheimer Rd #353, Houston,TX 77042 1 832-800-3483 1 Connally Irvoice 19 Summary
Project update: Connally Area Water and Wastewater Annexation
Project
January 16, 2024
2123 Market Street
Baytown, TX 77520
ATTN: Michael Leech
PACKAGE 1:CONNALLY AREA ANNEXATION PROJECT UPDATE FINAL INVOICE
Task
Submitted 100% Drawings, Specifications, Costs and Schedule Sept-01-21
Submitted 100%project documents and supporting documents Sept-01-21
Submitted 90%submittal review comment responses Sept-01-21
Uploaded files to Baytown's CSS Sept-01-21
Received TCEQ Approved for Waterline Construction Letter Jan-19-21
Received and addressed tree protection comments on the Bid Ready Dec-14-21
drawings
Resubmitted all 3 packages to Baytown CSS Feb-10-22
TRC Meeting Jun-09-22
Upload Package 1 Bid Documents Jun-26-22
Package 1 - First bid advertisement Jun-28-22
Package 1 - Prebid Meeting Jul-7-22
Package 1 -Second bid advertisement Jul-5-22
Package 1 - Bid Opening Au -02-22
Council Contractor Award Au -25-22
Construction Notice to Proceed Oct-03-22
Final Project Inspection / Punch List Oct-06-23
Exhibit 'E' Notice of Acceptability of Work Dec-20-23
CONNALLY AREA ANNEXATION PROJECT 1-MONTH LOOK AHEAD
a Close Project
o Coucil Approval from City of Baytown -Project Completion & Retainage Payment
5engineering
PROJECT SCHEDULE
30-Percent Submittal
Drawings, Specifications, Cost Estimate, Quantity Takeoff, 5e 01/15/20
Design Calculations, construction schedule
30-Percent Submittal Review meeting 5e/Baytown 01/22/20
60-Percent Submittal
Drawings, Specifications, Cost Estimate, Quantity Takeoff, 5e 04/07/20
Design Calculations, Construction Schedule
60-Percent Submittal Review meeting 5e/Baytown
90-Percent Submittal
Drawings, Specifications, Cost Estimate, Quantity Takeoff, 5e 09/25/20
Design Calculations, TCEQ letter, Construction Schedule
90-Percent Submittal Review meeting 5e/Baytown 10/08/20
90-Percent Comments Baytown 02/10/21
95-Percent Submittal
Drawings, Specifications, Cost Estimate, Quantity Takeoff, 5e 03/18/21
Design Calculations, TCEQ letter, Construction Schedule
100-Percent, Final Submittal Drawings and final project 5e 06/21/21
Manual with addition of Additional Annexed Areas
Bid Ready Submittal 5e 08/12/21
CSS 100-percent resubmittal (all 3 projects) 5e 2/10/22
Bid Ready Documents Uploaded 5e 6/26/22
Please feel free to call at 713-823-7184 or email me at fster)hens@5engineerina.com with any
comments or questions. We look forward to working with you on this endeavor.
Connally Area Water and Wastewater Annexation Project Page 2