Ordinance No. 12,860ORDINANCE NO. 12,860
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO EXECUTE
AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC., FOR
ENGINEERING SERVICES ASSOCIATED WITH THE GARTH ROAD LIFT
STATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN
AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY -THREE THOUSAND
FOUR HUNDRED AND NO /100 DOLLARS ($153,400.00); 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 Acting City Manager to execute and the City Clerk to attest to the First Amendment to the
Professional Services Agreement with HDR Engineering, Inc., for engineering services associated with
the Garth Road Lift Station 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 authorizes payment to HDR
Engineering, Inc., in an amount not to exceed ONE HUNDRED FIFTY -THREE THOUSAND FOUR
HUNDRED AND NO /100 DOLLARS ($153,400.00) for engineering services in accordance with the
amendment authorized in Section 1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by FIFTY THOUSAND AND NO /100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty -five percent
(25%).
o).
Section 4: This ordinance shall take effect immediateltfthe nd after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative v City Co uncil of the City of
Baytown this the 14`" day of May, 2015.
ATT ST:
L ICIA BRYSCH, City
APPROVED AS TO FORM
SVx
do 1,1P
ACIO RAMIREZ, SR., Cit ttomey
v
CO
SYPHEN H. DONCARLOS, Mayor
% %cobfs0I % legal, karen• files` .citycouncil` -.ordinances\201Smay 14\authorizelstamendment2hdrprofessionalservicesagreement4garthroadliRs tationproject.doc
Exhibit "A"
FIRST AMENDMENT
TO THE
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment ( "Amendment ") to that certain "Standard Form of Agreement between
Owner and Engineer for Professional Services" between the City of Baytown and HDR Engineering,
Inc., dated December 16, 2014, is made by and between the same parties on the date hereinafter last
specified.
WITNESSETH:
WHEREAS, the City of Baytown ( "OWNER ") and HDR Engineering, Inc., ( "ENGINEER ")
entered into a Standard Form of Agreement between Owner and Engineer for Professional Services
associated with the Garth Road Lift Station Project ( "Agreement "); and
WHEREAS, the OWNER desires ENGINEER to perform design, bidding and construction
phase services associating with upsizing approximately 8,800 linear feet of a 12 -inch force main to a
20 -inch force main:
WHEREAS, ENGINEER desires to perform the work specified herein in accordance with the
terms and conditions contained in this Amendment and the Agreement for a cost not to exceed ONE
HUNDRED FIFTY -THREE THOUSAND FOUR HUNDRED AND NO /100 DOLLARS
($153,400.00);
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
1. Definitions. Unless a different meaning clearly appears from the context, words and phrases
as used in this First Amendment shall have the same meanings as in the Agreement.
2. Amendment.
2.01 The "Project" as defined in the Agreement and the scope of services to be performed
by ENGINEER shall be amended to include the design, bidding and construction
services associated with upsizing approximately 8,800 linear feet of force main from
a 12 -inch line to a 20 -inch line to handle the additional projected flow in the service
area.
2.02 Section A1.02 "Final Design" Subsection A.4, of Exhibit A "Consultant's Services"
of the Agreement is hereby amended to add a new subsection to be numbered
First Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services, Page l
Subsection A.4.o which subsection shall read as follows:
A1.02 Final Design Phase
A. Upon written authorization from OWNER, ENGINEER shall:
4. Perform or provide the following additional Final Design Phase tasks or
deliverables:
o. Upsizing sanitary sewer force main.
(1) Consult and meet with OWNER to define and clarify
OWNER'S requirements for the alignment of the proposed 20-
inch force main.
(2) Retain the services of a professional to perform a topographic
survey of the force main alignment and the immediate vicinity,
including a survey for the following alternatives:
(a) Approximately 8,300 LF of survey from Garth Road Lift
Station to Goose Creek Lift Station using the same
alignment as the existing 12 -inch force main:
(b) Alternative 1 will include approximately 400 LF of survey
along Garth Road from the Garth Road Lift Station to the
Cedar Bayou - Lynchburg Road.
(c) Alternative 2 will include approximately 300 LF of survey
directly across the pipeline corridor from the proposed Garth
Road Lift Station site to Cedar Bayou - Lynchburg Road.
Survey will extend from right -of -way to right -of -way plus an
additional 10 -feet on each side of the right -of -way (when
accessible) at 50 -ft cross section intervals.
(3) Perform field reconnaissance and review detailed topographic
survey to obtain information on surface features and any other
information that would impact design and construction.
(4) Research and gather existing relevant data on OWNER'S
utilities through record drawings, GIS, aerial photographs, etc.
(5) Research real estate /easement acquisition options for an
alternate pipeline crossing alignment.
(6) Retain the services of a Texas registered professional land
surveyor to provide a survey and a metes and bounds
description of the property needed for any required easement
acquisition, which shall be on 8.5" x 11" paper and suitable for
attaching to a conveyance document for recording;
(7) Retain the services of a subconsultant to perform geotechnical
investigation services to perform a geotechnical investigation,
which shall include, but not be limited to, the following:
(a) Field Exploration - Drill and sample fourteen (14) 15 -ft and
two (2) 20 -ft deep borings for the proposed sanitary sewer
First Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services, Page 2
force main. Convert two (2) borings into piezometers to
monitor long -term water level measurements.
(b) Geotechnical Report - The geotechnical report will include
all field data, laboratory test data, and geotechnical
recommendations and will be included in the project
specifications
(8) Research flood plain status of the project area and design
structures above the flood plain, if required.
(9) Coordinate with private utility companies (i.e. gas, electrical,
telephone, pipelines, etc.), and other entities that may be
involved to obtain information on their existing facilities and
requirements that may impact the proposed force main
alignment.
(10) Prepare base mapping of the project alignment. Plot survey data
of proposed force main.
(11) Prepare a Storm Water Pollution Prevention Plan (SWPPP) and
specifications in accordance with the Texas National Pollutant
Discharge Elimination System (TPDES) General Permit for
Storm Water Discharge from construction sites.
(12) In accordance with the Texas Manual on Uniform Traffic
Control Devices, prepare a traffic control plan to include details
for rolling single -lane closures with flagmen for the
construction of the force main by trenchless construction along
Cedar Bayou Lynchburg Road and details for the intersection of
Garth Road and Cedar Bayou - Lynchburg Road.
(13) Prepare plan and profile drawings for proposed force main.
(14) Prepare project specifications.
(15) Examine geotechnical information to determine potential soil
conditions and potential impact on construction methodology
and costs.
(16) Complete coordination with other governmental entities (i.e.
Harris County) or utility agencies in regard to the project. Make
submittals required by governmental authorities with
jurisdiction over the design and/or operation of the project and
public and private utilities, including pipeline companies
affected by this project.
(17) Coordinate and meet with construction contractors performing
similar work and obtain information on construction costs, and
constructability issues.
(18) Incorporate plans and specifications for the upsizing of the
sanitary sewer force main into the lift station capacity expansion
portion of the Project for purposes of those services to be
performed in Subsections A1.02.A.5 through and including
Subsection A 1.02.A.11.
2.03 Section C4.01 "For Basic Services having a Determined Scope — Cost not to Exceed
First Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services, Page 3
Method of Payment" of Exhibit C "Payments to Engineer for Services and Reimbursable
Expenses" of the Agreement is hereby amended to read as follows:
C4.01 For Basic Services Having A Determined Scope —Cost not to Exceed Method
of Payment
A. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit A
as follows:
(Modified) A cost not to exceed amount of $279,700.00, based upon the
rate schedule, which is attached as Appendix 1 of Exhibit C and
incorporated herein for all intents and purposes. The cost not to exceed
does not include those Engineer's Consultant's charges as provided
below in this Article 4, Subparagraph C4.05. Additionally, the cost not to
exceed will be distributed at the completion of each phase in an amount
not exceeding the following for each task:
Preliminary Design Phase .... ............................... ........................$37,000
Final Design Phase ........................................ ............................... $176,800
Bidding/Negotiating Phase ... ............................... .........................$7,600
Construction Phase ............... ............................... ........................$58,300
2. (Modified) Not Used.
3. The cost not to exceed includes compensation for ENGINEER's services
and services of its Consultants (with the exception of those outlined in
paragraph C4.05), if any. Appropriate amounts have been incorporated in
the cost not to exceed to account for labor, overhead, profit, and
Reimbursable Expenses.
4. Not Used.
5. The portion of the amount billed for ENGINEER's services will be based
upon total services actually completed during the billing period
2.04 Subsection A of Section C4.04 "For Reimbursable Expenses" of Exhibit C
"Payments to Engineer for Services and Reimbursable Expenses" of the Agreement
is hereby amended to read as follows:
C4.04 For Reimbursable Expenses
A. (Modified) OWNER shall pay ENGINEER for Reimbursable Expenses at the
rate set forth in Appendix 2 of this Exhibit C. Before the OWNER shall be
liable for any reimbursable expenses, the ENGINEER must obtain prior
written approval of the OWNER of any expense that exceeds $1000.00 for
First Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services, Page 4
which the ENGINEER seeks reimbursement. Reimbursable Expenses shall
not exceed the following:
Preliminary Design Phase ..... ............................... .........................$1,500
Final Design Phase ................ ............................... .........................$3,000
BidPhase .............................. ............................... .........................$1,000
ConstructionPhase ................ ............................... .........................$4,000
2.05 Subsection A of Paragraph C4.05 "For ENGINEER's Consultant's Charges" shall be
amended to read as follows:
C4.05 For ENGINEER's Consultant's Charges:
A. (Modified) Whenever compensation to ENGINEER herein is stated to
include charges of ENGINEER's Consultants, those charges shall be the
amounts billed by ENGINEER's Consultants to ENGINEER times a Factor
of 1.1. The Consultant charges shall not exceed the following amounts
specified for each portion of the Project. The charges include the factor, and
are as follows:
Preliminary Design Phase
Geotechnical.................. ............................... ........................$10,200
Topographic Surveying ... ............................... .........................$4,800
Electrical......................... ............................... .........................$4,700
Final Design Phase
Boundary and Easement Services .................. .........................$4,100
Geotechnical.................. ............................... ........................$15,200
Topographic Surveying .. ............................... ........................$29,900
Electrical........................ ............................... ........................$28,600
Bid Phase
Electrical......................... ............................... .........................$1,800
Construction Phase
Electrical........................ ............................... ........................$17,400
3. Entire Agreement. The provisions of this First Amendment and the provisions of the
Agreement should be read together and construed as one agreement provided that, in the
event of any conflict or inconsistency between the provisions of this First Amendment and
the provisions of the Agreement, the provisions of this First Amendment shall control.
Nothing contained in this First Amendment shall be construed in any way to limit or to waive
the City's sovereign immunity.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one and
First Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services, Page 5
the same amendment, this day of 2015, the date of execution
by the Acting City Manager.
CITY OF BAYTOWN
By:
ATTEST:
LETICIA BRYSCI I, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
RON BOTTOMS, Acting City Manager
HDR ENGINEERING, INC.
By-
(Signature)
AAiliQ c. jvL--376,1
(Printed Name)
(Title)
ATTEST:
Psi-
Secretary
R"1 KarentFileslEngmecriug ',ingincering Agreements \Cluunch & Millcr\Garlh Road Litt Station Replacement Project %FirslAmendment dcc
First Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services, Page 6