Ordinance No. 12,864ORDINANCE NO. 12,864
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE SECOND AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT WITH KIMLEY HORN AND ASSOCIATES, INC., FOR
THE SAN JACINTO BOULEVARD PROJECT; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED
FORTY THOUSAND THREE HUNDRED FIFTY AND N01100 DOLLARS
($840,000.00); 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 Second Amendment to the
Professional Services Agreement with Kimley Horn and Associates, Inc., for the San Jacinto Boulevard
Project. A copy of said amendment 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 Kimley
Horn and Associates, Inc., in an amount not to exceed EIGHT HUNDRED FORTY THOUSAND
THREE HUNDRED FIFTY AND N01100 DOLLARS ($840,000.00) for professional 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 N01100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty -five percent
(25 %).
Section 4: This ordinance shall take effect immediately fwm and after its passage by the
City Council of the City of Baytown. r/
INTRODUCED, READ and PASSED by the affirmative to of the City Council of the City of
Baytown this the 14'h day of May, 2015. ` '4
S PHEN H. DONCARLOS, Mayor
ATT ST: cl
i 7
L TICIA BRYSCH, City r
wo
IA a
APPROVED AS TO FORM: .
4NAMI01MAMIREZ, SR., City torney
1 lcobfsOIVegal',Karen \Files,City Council.Ordinances\2015Wtay 14 SecondAmendment2KimleyHomAgreement4SanJacintoBlvd .doc
Exhibit "A"
SECOND AMENDMENT
TO THE
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This Second Amendment ( "Second Amendment ") to the Standard Form of Agreement between
the City of Baytown and Kimley -Horn and Associates, Inc., dated November 18, 2014, is made by and
between the same parties on the date hereinafter last specified to include additional contractual
obligations to provide the services necessary for the San Jacinto Boulevard Project (the "Project ").
WITNESSETH:
WHEREAS, the City of Baytown ( "OWNER ") and Kimley -Horn and Associates, Inc.,
( "ENGINEER ") entered into an Engineering Services Agreement, dated November 18, 2014, to perform
certain services specified therein in furtherance of the Project ( "Agreement "); and
WHEREAS, thereafter on _ 2015, the OWNER and ENGINEER entered into the First
Amendment to the Agreement to incorporate the conditions by which ENGINEER was to perform certain
surveying services for the Project on property owned by Occidental Chemical Corporation; and
WHEREAS, the OWNER and ENGINEER desire to amend the contract again in order for
ENGINEER to provide engineering design services for the construction of the water and gravity sewer
along the Project limits, as well as engineering design services for the construction of the proposed 4 to 6
MGD Baytown San Jacinto Lift Station and force main design in support of the San Jacinto Boulevard
roadway project;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
I. Definitions. Unless a different meaning clearly appears from the context, words and phrases as used
in this Amendment shall have the same meanings as in the Agreement.
2. Amendments
a. Exhibit "A" "Engineer's Services," Section A 1.02 "Final Design" of the Agreement is hereby
amended to read as follows:
A 1.02 Final Design Phase
A. Upon written authorization from OWNER, ENGINEER shall:
1. Consult with OWNER to define and clarify OWNER's requirements for the
Project and available data.
Second Amendment to the Standard Form
of Agreement between Owner and Engineer. Page I
2. Identify, consult with, and analyze requirements of governmental authorities
having jurisdiction to approve the portions of the Project designed or specified by
ENGINEER, including, but not limited to, the Texas Commission on
Environmental Quality and Harris County Flood Control District.
3. Identify and evaluate potential solutions available to OWNER; and, after
consultations with OWNER, recommend to OWNER those solutions which in
ENGINEER's judgment meet OWNER's requirements for the Project.
4. Attend meetings with, participate in conference calls with and prepare
presentations for OWNER and other applicable agencies, utility owners,
pipelines, railroads, and other affected stakeholders to review design details, to
discuss and finalize design issues, and to coordinate the Project.
5. (Modified) Prepare final drawings indicating the scope, extent, and character of
the Work to be performed and furnished by Contractor. Specifications will be
prepared, where appropriate, in conformance with the 16- division, modified
three -part format of the Construction Specifications Institute or other format
agreed to in writing by OWNER and ENGINEER.
6. Provide technical criteria, written descriptions, and design data for OWNER's
use in filing applications for permits from or approvals of governmental
authorities having jurisdiction to review or approve the final design of the Project
and assist OWNER in consultations with appropriate authorities.
7. Advise OWNER of the opinion of probable Construction Cost and Total Project
Costs known to ENGINEER.
8. Perform or provide the following additional final Design Phase tasks or
deliverables:
TASK 1 - Supporting Design Information. ENGINEER perform or cause to
be performed the following services in Task 1 and shall complete the same
within one hundred twelve (112) calendar days from the issuance of the notice to
proceed for final design phase services:
Engineer Coordination — Survey
(a) Retain the services of a Texas registered professional land surveyor licensed
in the State of Texas, who shall perform those services detailed in this task.
(b) Coordinate with surveyor (subconsultant).
(c) Perform site visits to review topographic information provided by surveyor
for general compliance with the scope of services and observed field
conditions.
(d) Review Digital Terrain Model and 1 -foot contours provided by surveyor for
general compliance with the scope of services and observed field conditions.
(e) Review electronic base files provided by surveyor in preparation for
preliminary roadway design.
Survey (provided by subconsultant)
(a) Data Collection and Property Research.
Second Amendment to the Standard Form
of Aexeement between Owner and Engineer, Page 2
Survey for this phase of design is intended to supplement partial survey
scope from San Jacinto Boulevard Preliminary Design and ROW Documents
and includes updating the following:
➢ Property information,
Property owner and record information, and
Existing right -of -way and easement information.
(b) Design Survey
(1) All survey information will be collected based on the U.S. Survey Feet
and Surface Coordinates.
(2) Perform a complete field survey to supplement previously gathered
information to identify and locate the following field data along the
proposed San Jacinto Boulevard alignment:
➢ Property corner monumentation,
➢ Fences,
Existing pavement edge and back of curbs (where applicable),
Buildings and permanent structures within 200 feet of the proposed
corridor, and
➢ 180' wide cross sections (90' either side of the proposed roadway
centerline) at 50 foot intervals and at major breaks, including break
lines and adequate detail to develop a surface representative of the
existing topography along the proposed San Jacinto Boulevard
alignment
(3) The limits of the survey will be from the intersection of San Jacinto
Boulevard and Eastbound Interstate Highway 10 to approximately 4,700
linear feet south of Eastbound Interstate Highway 10 (approximately
4,700 linear feet). The survey will include property and right -of -way
lines within 200 linear feet of the proposed San Jacinto Boulevard
centerline. The following areas will also be surveyed:
The platted ROW and topographic information along San Jacinto
Boulevard from IH -10 to Lone Star Avenue (including intersection
corner clips at Lone Star Avenue),
➢ The platted ROW and topographic information along Lone Star
Avenue from the intersection of San Jacinto Boulevard to 600 linear
feet east of this intersection,
➢ The property lines and topographic information at the proposed
intersection location of Hunt Road and San Jacinto Boulevard. 200
linear feet east and west of proposed San Jacinto Boulevard, 150'
wide cross section,
➢ Unnamed Tributary to Goose Creek (0113- 00 -00), 120' cross
sections, at 100' intervals, for 500 linear feet upstream and
downstream of proposed San Jacinto Boulevard crossing,
➢ The property lines and topographic information for the proposed lift
station site, to be determined as part of Tasks 3 — 5, and
➢ The property lines and topographic information, 50` cross sections,
1000 linear feet for force main placement. Limits to be determined
during Tasks 3 - 5.
(4) Establish horizontal and vertical control points.
(5) Establish a vertical control benchmark circuit as needed throughout the
project.
(6) Set up to three permanent control monuments approximately every 2,000
feet alternating on both sides of the proposed San Jacinto Boulevard
Second Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 3
centerline with an assigned elevation. Horizontal and Vertical will be
tied to the OWNER'S control benchmarks. Horizontal and vertical
datums will be NAD 83 and NAVD 87, respectively. Before setting the
control points, the surveyor shall submit sketched and specifications to
the OWNER for approval.
(7) Prepare digital planimetric base mapping in 2D AutoCAD showing the
features located in the field, an ASCII coordinate file of the points
located in the field, and a hard copy of the coordinates and feature
descriptions.
(8) Prepare Digital Terrain Model and 1 -foot contours in a 3D AutoCAD
format (including contours and breaklines) showing the features located
in the field, an ASCII coordinate file of the points located in the field,
and a hard copy of the coordinates and feature descriptions.
Engineer Coordination — Geotechnical
(a) Retain the services of a geotechnical engineer, who shall perform those
services detailed in this task.
(b) Coordinate with geotechnical engineer (subconsultant).
(c) Identify bore hole locations and submit exhibits to geotechnical engineer.
(d) Review geotechnical report and provide comments.
Geotechnical (provided by subconsultant)
(a) Subsurface Exploration.
(1) Roadway — Along the roadway alignment, drill and extrude nine (9)
sample borings to depths not to exceed 25' below existing grade using
truck- mounted equipment. Additional depths or borings will be provided
as Additional Services only upon written OWNER authorization.
➢ Check samples for consistency with a hand penetrometer.
➢ Stake the boring locations using normal taping procedures.
Backfill bore holes and plug at the surface.
(2) Drainage — At potential drainage structures, drill and extrude two (2)
sample borings to depths not to exceed 25' below existing grade using
truck- mounted equipment. Additional borings may be required if off -site
drainage improvements are required. Additional depths or borings will be
provided as Additional Services only upon written OWNER
authorization.
Check samples for consistency with a hand penetrometer.
Stake the boring locations using normal taping procedures.
➢ Backfill bore holes and plug at the surface.
(3) Utilities — At potential lift station structure and proposed sanitary sewer
force main alignment, drill and extrude four (4) sample borings to depths
not to exceed 45' below existing grade and three (3) not to exceed 15'
below existing grade using truck- mounted equipment. Additional depths
or borings will be provided as Additional Services only upon written
OWNER authorization.
➢ Check samples for consistency with a hand penetrometer.
➢ Stake the boring locations using normal taping procedures.
➢ Backfill bore holes and plug at the surface.
(b) Laboratory Services
(1) Considering the planned facilities, anticipated soil conditions, and
geology, the following laboratory tests will be required for classification
purposes and to determine strength characteristics:
Second Amendment to the Standard Form
of Aereement between Owner and Engineer, Page 4
Moisture content and soil identification,
Liquid and plastic limit determinations,
➢ Unconfined compression tests on soil,
Unit weight determinations,
Eades and Grim lime series tests,
➢ Soluble sulfate tests (to determine lime - induced heaving potential),
and
➢ Absorptions pressure and/or one -point pressure swell tests.
(c) Engineering Services
(1) Prepare an engineering report presenting the following:
Sample boring location map,
➢ General soil and ground -water conditions,
Recommendations for pavement subgrade stabilization type and
concentration,
➢ Guidelines for Portland cement concrete pavement design. The
pavement design will use a 20 -year life cycle analysis and will
follow standard AASHTO design guidelines (OWNER will provide
design service life, traffic types, counts, and wheel loadings),
➢ Earthwork recommendations, and
For the lift station infrastructure the following Engineering Services
will also address the following recommendations for foundations,
driveway and earthwork:
• Recommendations for foundation type, depth and allowable
loading and settlement estimates,
• Foundation construction requirements,
• Recommendations for slab support, including an evaluation of
the swell characteristics of the founding soils,
• Recommendations for dewatering,
• Soil requirements for roadway and utility backfill, and
• Recommendations regarding buoyancy offset.
(2) Submit one (1) copy of the report to OWNER.
Engineer Coordination — Subsurface Utility Engineer (SUE) -
(a) Retain the services of a subsurface utility engineer licensed in the State of
Texas, who shall perform those services detailed in this task.
(b) Coordinate with Subsurface Utility Engineer (SUE) (subconsultant).
(c) Identify test hole locations and submit exhibits to SUE engineer.
(d) Review CAD file and provide one (1) round of comments.
(e) Incorporate data into existing utility plans.
Subsurface Utility Engineerinm(SUEYvrovided by subconsultant)
(a) Data Collection
(1) Excavate three (3) test holes (Quality Level A) to a depth not to exceed
six (6) feet. This includes the following:
➢ Prior to commencing work, perform 811 dig testing protocol,
➢ Coordinate with pipeline owners,
➢ Identify pipelines to be investigated,
➢ Vacuum excavate test holes, and
➢ Survey completed test hole locations.
(2) Prepare digital planimetric base mapping in 2D AutoCAD showing the
features located in the field, an ASCII coordinate file of the points
Second Amendment to the Standard Form
of Aareement between Owner and Engineer, Page 5
located in the field, and a hard copy of the coordinates and feature
descriptions.
(3) Produce summary sheet containing test hole field notes.
TASK 2 — Environmental. ENGINEER perform or cause to be performed the
following services in Task 2 and shall complete the same within one hundred
sixty-eight (168) calendar days from the issuance of the notice to proceed for
final design phase services:
Environmental Engineering
(a) Supplemental Field Reconnaissance and Site Visit Letter Report
(1) Previous site visit information from ENGINEER will also be utilized as
part of this task, information includes:
➢ Field reconnaissance of the proposed alignment to determine the
approximate extent of potentially jurisdictional wetlands and other
waters of the United States that may be subject to Section 404/401,
➢ Letter report describing findings and initial permit strategies, and
➢ Observations made relative to aquatic features present onsite.
(2) The following will be required to supplement the above described
information:
➢ Review available aerial photography and published data for the
project, including historical aerials, USGS topographic maps and
USDA soils maps, and
➢ Field reconnaissance to verify previous extents of potential
jurisdictional wetlands and other waters of the United States.
(b) United States Army Corp of Engineers (USACE) Nationwide Permit (NWP)
14 (Linear Transportation Projects) Pre - Construction Notification.
(1) ENGINEER assumes the following:
➢ Ability to receive authorization under the new Nationwide Permit
Program (2012- 2017),
➢ Ordinary and reasonable measures to meet required compensatory
mitigation requirements will be achievable with purchase of
mitigation bank credits or mitigation at the project site, and
➢ If appropriate amount and kind of mitigation bank credits are not
available or approved by the USACE, unavoidable loss to waters of
the United States may be required to be mitigated using on -site
mitigation. Additional Services requiring OWNER advance written
authorization may be required to fulfill the mitigation requirements.
It shall be the OWNER'S responsibility to obtain required mitigation
bank credits or fulfil any mitigation obligation.
(2) ENGINEER shall prepare and submit for USACE approval a permit
request for authorization under NWP 14, Linear Transportation Projects.
(3) Each single and complete crossing is assumed at less than 0.5 -acres of
impact to waters of the United States.
➢ If any single and complete crossing results in greater than 0.5 -acres
of impact, OWNER may consider seeking authorization under an
Individual Permit, this service will be provided as Additional
Services only upon OWNER'S written authorization.
➢ If impacts exceed 0.1 -acres at any single and complete crossing
compensatory mitigation shall be considered.
It is expected that required compensatory mitigation for proposed
unavoidable losses to waters of the United States can be
Second Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 6
accomplished with the purchase of mitigation bank credits or in
existing mitigation areas at the project location.
(4) Prepare a Proposed Preliminary Jurisdictional Determination (PJD)
Report.
Effort performed by professional wetland scientist.
Delineation based on professional judgment of ENGINEER and
Corps 1987 manual (as modified by the Regional Supplement to the
Corps of Engineers Wetland Delineation Manual).
➢ ENGINEER understands that final authority over waters of the
United States delineation resides with the appropriate federal agency.
Describe potentially jurisdictional areas within the report and depict
graphically on aerial photography and other base data to provide
additional clarity to the USACE.
Submit one (1) Proposed Preliminary Jurisdictional Determination
report for OWNER review.
➢ Incorporate review comments.
➢ Submit Proposed Preliminary Jurisdictional Determination to
USACE.
(5) Prepare NWP 14 Pre- construction Notification, which shall include.
Proposed Preliminary Jurisdictional Delineation Report (Task 7),
➢ Project Description,
➢ Purpose and Need,
➢ Alternatives Analysis,
Plan, Profile and other CAD Drawings,
Conceptual Mitigation Plan (Mitigation Bank Credits, if available), if
necessary,
➢ Threatened and Endangered species information from available
databases, and
➢ Cultural Resources information from readily available databases
➢ Submit one (1) NWP 14 Pre - construction Notification for
OWNER'S review.
Incorporate one round of review comments.
Submit NWP 14 Pre- construction Notification to the USACE.
(6) Deliverables. ENGINEER shall provide the following deliverables:
➢ One (1) Proposed Preliminary Jurisdictional Determination report for
OWNER review.
➢ Proposed Preliminary Jurisdictional Determination to USACE.
➢ One (1) NWP 14 Pre- construction Notification for OWNER review.
➢ NWP 14 Pre- construction Notification to the USACE.
TASK 3 - Goose Creek Lift Station Analysis. ENGINEER perform or cause
to be performed the following services in Task 3 and shall complete the same
within forty-two (42) calendar days from the issuance of the notice to proceed for
final design phase services:
(a) Obtain Goose Creek Lift Station Record Drawings and O &M Manuals for
review.
(b) Delineate sanitary sewer shed that contributes to the existing Goose Creek
Lift Station.
(c) Submit delineation to OWNER for review and comment.
Second Amendment to the Standard Form
of Agreement between Owner and En ig neer, Page 7
(d) Coordinate with OWNER's Public Works staff for one (1) field meeting at
the Goose Creek Lift Station to perform volume and flow analysis of the
existing station (draw -down test).
(e) Review developed area within OWNER approved sanitary sewer shed
boundary. OWNER to provide assumed land uses within the OWNER
approved sanitary sewer shed. ENGINEER shall identify percentage and type
of land use or undeveloped property contributing to the Goose Creek Lift
Station. Review OWNER provided land use information with OWNER's
planning department to confirm land uses for undeveloped areas.
(f) Based on obtained field information and OWNER approved sanitary sewer
shed boundary and land uses, prepare a technical memorandum outlining
current capacity at Goose Creek Lift Station and anticipated ultimate flow
from OWNER approved sanitary sewer shed.
(g) ENGINEER will prepare for and facilitate joint meeting(s) with the OWNER
(Engineering, Public Works, and Planning Departments) to discuss the
following items concerning the contributing basin:
(I) Delineated Goose Creek Lift Station Sanitary Sewer Shed,
(2) Land Use Assumptions for Contributing Basin, and
(3) Results of Technical Memorandum.
(h) Deliverables. ENGINEER shall provide the following deliverables:
(1) PDF copy of the Preliminary Goose Creek Lift Station Sanitary Sewer
Shed,
(2) PDF copy of the Preliminary Goose Creek Lift Station Technical
Memorandum, and
(3) Two (2) Hard copies of the Final Goose Creek Lift Station Technical
Memorandum.
TASK 4 - San Jacinto Lift Station Analysis. ENGINEER perform or cause to
be performed the following services in Task 4 and shall complete the same
within fifty -six (56) calendar days from the issuance of the notice to proceed for
final design phase services:
(a) Sanitary Sewer Shed Delineation
(1) Delineate sanitary sewer shed to contribute to the San Jacinto Lift
Station.
(2) The ENGINEER will prepare for and facilitate joint meeting(s) with the
OWNER (Engineering, Public Works, and Planning Departments) to
discuss the following items concerning the contributing basin:
➢ Delineated San Jacinto Lift Station Sanitary Sewer Shed,
➢ Land Use Assumptions for Contributing Basin based on OWNER
provided land uses.
➢ Ultimate Flow Contribution to IH -10 Lift Station, and
Potential Ultimate Flow Contribution to Goose Creek Lift Station
based on results of Goose Creek Lift Station Analysis.
(b) Based on Task 2, Task 3 and the OWNER approved sanitary sewer shed and
land uses, the ENGINEER will prepare a technical memorandum outlining
proposed Phase 1 design capacity, anticipated phasing improvements, and
ultimate capacity for the proposed San Jacinto Lift Station.
(c) 4.3. Deliverables. ENGINEER shall provide the following deliverables:
(1) PDF copy of the Preliminary San Jacinto Lift Station Sanitary Sewer
Shed,
Second Amendment to the Standard Form
of AMement between Owner and En iaineer, Page 8
(2) PDF copy of the Preliminary San Jacinto Lift Station Technical
Memorandum, and
(3) Two (2) Hard copies of the Final San Jacinto Lift Station Technical
Memorandum
TASK 5 - San Jacinto Lift Station Preliminary Design. ENGINEER perform
or cause to be performed the following services in Task 5 and shall complete the
same within eighty-four (84) calendar days from the completion of Task 6:
(a) Preliminary Design Considerations
(1) The ENGINEER will prepare for and facilitate site layout design
session(s) with the OWNER to discuss and make recommendations
following items concerning the overall design.
➢ Site Plan Considerations: Configuration of wet well, valve vault,
meter vault, electrical control pad, transformer pad, generator pad,
and SCADA antenna location.
➢ Fence and entry gate: For security per TCEQ, and/or OWNER.
➢ Entrance drive location and type.
➢ Onsite driveway.
➢ Site drainage.
➢ Lift Station Site (150'x150').
➢ Easements: Potentially required force main easement.
(2) Force Main Alignment: ENGINEER will propose two alternative
alignments to the OWNER for consideration, selection, and approval.
The Force Main shall terminate at the manhole located approximately
200 feet to the east of the John Martin Road and IH -10 intersection on
the south side of IH -10 prior to the 21 -inch gravity sewer crossing IH -10.
(b) Preliminary Design (Site Civil)
(1) Field verification of survey and SUE data.
(2) Preliminary Lift Station Plan Preparation.
➢ General Sheets (cover sheet, location map, sheet index, general
notes, list of abbreviations, and legends for all disciplines).
➢ Overall Dimensional Control Plan.
Lift Station Site Plan.
➢ Lift Station Schematic Site Layout including wet well plan and
section.
➢ Lift Station Grading Plan.
Lift Station Details Pumps and Piping.
➢ Pump selection.
➢ Check and air valve sizing.
Control Monitor and wet well level set points.
(3) Site verification of preliminary design
(c) Preliminary Design ( Site Electrical)
(1) Preliminary Electrical Plan Preparation.
➢ General Sheets (legend, general notes).
MCC Enclosure Plan and Elevation.
• Pump Station Floor Plan.
• Electrical sizing and schematic layout.
(d) Compile and prepare an updated opinion of probable construction cost.
(OPCC) based on preliminary design.
(e) Deliverables. ENGINEER shall provide the following deliverables:
(1) PDF copy of the Preliminary Plans,
Second Amendment to the Standard Form
of Agreement between Owner and En igineer, Page 9
(2) PDF copy of the OPCC, and
(3) PDF copy of the Geotechnical Report.
(f) Attend one (1) meeting to review preliminary plans, OPCC and Geotechnical
Report.
TASK 6 - Final Design of San Jacinto Blvd Phase 1. ENGINEER perform or
cause to be performed the following services in Task 6 and shall complete the
same within one hundred twelve (112) calendar days from the completion of
Tasks 1 and 4:
(a) Project Management
(1) Develop project communication plan.
➢ Develop project contact list.
➢ Conduct progress meetings to monitor the development of the
project. During this phase of the project, conduct meetings with the
OWNER regarding project status and design coordination issues.
➢ Prepare and e-mail bi- weekly progress reports to the project team
(OWNER and ENGINEER staff).
(2) Project site visits.
(3) Develop project production plan.
➢ Utilize design criteria chart from preliminary design task.
Update role and assignment definitions (coordinate with OWNER)
from preliminary design task.
Update project schedule and interim milestones (coordinate with
OWNER) from preliminary design task.
(4) Project Administration
Prepare project correspondence and invoicing documents.
(b) Roadway
(1) Incorporate the preliminary design submittal review comments
(2) Prepare plan / profile sheets (22 "04" plan sheets at a scale of 1 " =20'
horizontal, and 1 "=4' vertical).
(3) Analyze all driveways within the project and develop driveway profiles
as needed. Typically driveways will be defined vertically by spot
elevations.
(4) For side street reconstruction more than 100' beyond the main street
right -of -way, prepare a plan / profile of the side street improvements.
Otherwise, the side street improvements will be defined vertically by
spot elevations.
(5) Develop design cross - sections.
➢ Develop on 50' station intervals and at driveway centerlines
➢ Show pavement and subgrade, right -of -way limits, side slopes,
pavement cross slopes, curbs, sidewalks, and retaining walls (if
applicable).
➢ Cross - sections will be provided in the bid documents.
(6) In locations where the elevation difference between the roadway and
adjacent property warrants, provide design details to construct retaining
walls.
(7) Prepare roadway details to clarify intent of design
(8) Compile applicable OWNER standard details. Modify standard details as
needed.
(c) Drainage
(1) Incorporate the preliminary design submittal review comments.
Second Amendment to the Standard Form
of Aereement between Owner and Eneineer, Page 10
(2) Perform final storm sewer sizing and alignment design. Prepare final
inlet design sheets and hydraulic design sheets for inclusion in the plans.
(3) Prepare storm sewer plan / profile sheets depicting storm sewer lines,
inlets, junction boxes, connections, manholes, utility crossings, and the
hydraulic grade lines.
(4) Prepare profiles for the proposed storm drain laterals.
(5) Determine outfall grading requirements and provide plans and details for
channel protection. Design of retaining walls and gabion mattresses
(beyond specification of material/method) will be provided as Additional
Services only upon OWNER written authorization.
(6) Provide plan sheets and details to construct storm sewer outfalls.
(7) Prepare drainage details to clarify intent of design. Compile applicable
OWNER standard details. Modify standard details as needed.
(8) Create details for connections to existing system (where applicable).
(9) Prepare erosion control plan. Incorporate Best Management Practices
(BMPs) from NPDES Phase II initiative. Coordinate water quality
elements with traffic control during construction stages.
(10) Compile Storm Water Pollution Prevention Plan (SWPPP) to meet
NPDES Phase II requirements.
(11) Coordinate with OWNER'S NPDES Permitting Manager to report
planned elements to gain program credit.
(d) Utilities
(1) Water
➢ Design of 4,450 linear feet of 12" water line and proposed
connections to existing water lines.
➢ Prepare water line plan / profile sheets depicting water lines (pipe
size, material, slope, etc.), water valves, meters, bends, tees,
reducers, fire hydrants, and connections to existing lines.
➢ Minor adjustments to existing water valve boxes, etc. will be
specified in the plans.
➢ Intersecting mains and service lines will be replaced to just beyond
the limits of new pavement construction.
(2) Sewer
➢ Design, linear footage and connection locations of gravity sanitary
sewer line based on land use projections determine in Task 4.
➢ Prepare sanitary sewer line plan / profile sheets depicting sanitary
sewer lines (pipe size, material, slope, etc.), manhole, and
connections to existing lines.
➢ Minor adjustments to existing manholes, etc. will be specified in the
plans.
(3) Franchise Utility Coordination
Coordination.
o Identify franchise utility contacts.
o Send one set of plans to each franchise utility for their review.
Request each franchise utility to mark up the plans to show the
size, type, and location of their utilities.
• Notify the OWNER if any relocations are required.
• Submit one set of final design plans and the project schedule to
each affected franchise utility for their review and comment.
• OWNER shall perform the coordination with the franchise
utilities if any relocations are required.
Second Amendment to the Standard Form
of Agreement between Owner and Engineer. Page I I
(4) Prepare utility details to clarify intent of design.
(5) Compile applicable OWNER standard details. Modify standard details as
needed.
(e) Streetscape
(1) Incorporate the preliminary design submittal review comments.
(2) Hardscape.
Pedestrian Facilities.
o Prepare plans for the pedestrian trail including layout, grading,
materials, specifications, and details for construction.
Street Lighting.
o Develop plans showing type and location of light poles, ground
boxes, electrical services, and conduit.
o Identify electrical service locations with power service provider.
o Perform electrical calculations using standard OWNER light
poles including conduit and conductor sizing.
o Develop general notes, plan sheets, sheets consisting of
luminaire and conductor /conduit schedule.
o Provide summary sheets and tabulated lighting quantities.
o Identify roadway illumination alternative concepts.
(3) Softscape
➢ Landscape
o Prepare landscaping plans including planting layout, grading,
material specifications, planting details and notes. Also,
designate existing trees to remain or to be relocated and
specifications and details specific to these.
> Irrigation
o Prepare irrigation plans including head locations, piping layout,
and material specifications.
(f) Traffic
(1) Traffic Control Plans
➢ Develop construction sequence plan showing:
o Travel lanes and construction area for each phase of
construction,
o Temporary signing and striping, barricades, and other
channelization devices,
o Narrative of the sequence of construction services,
o Storm sewer construction phasing,
o Public utilities construction phasing, and
o Pedestrian routing during construction.
➢ Develop typical cross sections showing lane widths, edge conditions,
channelization and proposed construction area.
➢ Develop typical intersection staging plans for similar intersections.
Develop custom intersection staging layouts for special conditions.
➢ Develop typical driveway staging plans for similar driveways.
Develop custom driveway staging layouts for special conditions.
➢ Prepare traffic control details to clarify intent of design.
➢ Compile applicable OWNER standard details. Modify standard
details as needed.
(2) Pavement Markers and Marking Plans
Second Amendment to the Standard Form
of Asreement between Owner and Engineer, Page 12
➢ Prepare pavement markers and marking layouts in accordance with
OWNER design standards and the Texas Manual of Uniform Traffic
Control Devices ( TMUTCD).
➢ Prepare details to clarify intent of design.
➢ Compile applicable OWNER standard details. Modify standard
details as needed.
➢ Use TMUTCD sign sizing criteria to size and detail custom guide
signs.
(g) Prepare general notes and specification data. Identify and prepare special
specifications and/or special provisions applicable to the project.
(h) Obtain required TxDOT permits for work to be completed in TxDOT right of
way.
(1) Submit permit package, including:
➢ Applicable TxDOT permit forms required for filling.
Plan sheets pertaining to proposed improvements within TxDOT
jurisdiction.
(2) Respond to TxDOT comments.
(i) Compile and update the overall opinion of probable construction cost.
(j) Prepare opinion for construction duration using anticipated production rates
applicable to the local area.
(k) Deliverables. ENGINEER shall provide the following deliverables:
(1) Design submittal (90 %)
➢ Submit two (2) full size copies to OWNER for review and comment
➢ Submittal shall include the following:
• Final design plans,
• Contract documents (FJCDC), including the following:
• City of Baytown standard construction contract forms,
• Notice to bidders,
• Special instructions to bidders,
• Bid form,
• Standard construction contract,
• Performance bond,
• Payment bond,
• Maintenance bond,
• Certificate of insurance,
• General conditions,
• Special provisions, and
• Technical specifications,
• Opinion of probable construction cost, and
• Provide a completed application for OWNER to submit to the
Texas Department of Licensing and Regulation (along with one
of the plan sets) for review in accordance with to the Elimination
of Architectural Barriers Act. The application fees will be paid
directly by OWNER.
(2) Incorporate final design submittal review comments,
(3) Prepare the final opinion of probable construction cost,
(4) Design submittal (100 %)
➢ Submit two (2) full -size sets of plans and specifications to OWNER,
➢ Submit the final opinion of probable construction cost, and
Submit a letter of notification to OWNER stating completion of the
design of the project.
Second Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 13
TASK 7 - Roundabout Analysis and Design. ENGINEER perform or cause to
be performed the following services in Task 7 and shall complete the same
within one hundred twelve (112) calendar days from the completion of the survey
in Task 1:
(a) Feasibility Analysis. ENGINEER will collect proposed intersection data
then analyze the physical constraints of proposed features related to the
design of a roundabout.
(1) Potential site constraints include:
➢ Access management,
Sight distance constraints,
➢ Emergency service vehicles,
➢ Right -of -way,
➢ Pedestrian/Driver Safety, and
➢ Environmental impacts.
(2) Conduct capacity and operational performance analysis for planning
using default geometric inputs (AM /PM peak, any off peak flows).
(3) Identify the design vehicle.
(4) Estimate inscribed circle diameter.
(5) Identify number of lanes/lane balance (entry lanes, exit lanes and
circulating lanes).
(b) Conceptual Design
(1) Deliverables. ENGINEER shall provide the following deliverables:
➢ Prepare up to two (2) 22 "x34" exhibits for the proposed intersection
improvements. Exhibits will be developed and include the
following:
• Proposed right -of -way,
• Proposed curb geometry,
• Pedestrian improvements /circulation,
• Proposed pavement markings,
• Potential areas of landscaping,
• Sight triangles, and
• AutoTURN movement of design vehicle identified in Task
7(a)(3).
Y Incorporate one round of conceptual design review comments.
(c) Final Design
(1) Incorporate the conceptual design submittal review comments.
(2) Deliverables. ENGINEER shall provide the following deliverables:
➢ Prepare plan / profile sheets (22 "x34" plan sheets at a scale of
I"=20' horizontal, and I"=4' vertical) to be included in Task 6
submittal packages. The following sheets will be included:
• Typical Sections,
• Geometric Control,
• Paving,
• Geometric Layout,
• Profiles,
• Jointing, and
• Pavement Markings.
(3) Prepare roadway details to clarify intent of design.
(4) Compile applicable OWNER standard details. Modify standard details as
needed.
Second Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 14
TASK 8 - Supplemental Drainage Analysis. ENGINEER perform
professional engineering services necessary to determine feasibility of vegetated
swale design in conjunction with Task A1.0l.A.6.e of Professional Services
Agreement effective November 18th, 2014 and A 1.02.A.Task 6(c) and shall
complete the same within fifty -six (56) calendar days from the completion of the
survey in Task 1:
(a) Vegetative Swale Mitigation Design.
(1) Design proposed storm water system utilizing vegetative swales for both
detention and water quality.
➢ The following swale configurations will be analyzed:
• Parkway swales and
• Median swales
➢ Design will reference City of Houston Design Manual, Chapter 13,
Stormwater Quality Design Requirements
(2) Prepare two (2) exhibits depicting the following:
Proposed swale locations and layout,
Right of way updates based on design,
Typical section, and
➢ Design assumptions.
(b) Deliverables - Memorandum
(a) Memorandum will include the following:
➢ Executive summary,
Description of design assumptions,
➢ Cost of design implementation, and
ENGINEER'S recommendations.
(c) Attend meeting(s) to discuss recommendations with OWNER'S staff.
TASK 9 — HCFCD NO Impact Study. ENGINEER perform or cause to be
performed the following services in Task 9 and shall complete the same within
one hundred twelve (112) calendar days from the completion of the survey in
Task 1:
(a) Prepare a No Impact Study for submittal to the OWNER and Harris County
Flood Control District (HCFCD).
(b) Study will be in association with a proposed San Jacinto Boulevard crossings
of an Unnamed Tributary to Goose Creek (0113- 00 -00) and impacts to the
regulatory floodplain associated with Goose Creek (0100- 00 -00).
(c) Delineate the watershed draining to the proposed crossings of O 113 -00 -00
and the Tributary.
(d) Delineation will be based on, effective hydrologic information available from
HCFCD, previous watershed mapping performed by Klotz Associates,
available topographic information, and proposed road and storm drain
alignment.
(1) ENGINEER will calculate the 10- and 100 -year peak flow generated by
the watershed in general accordance with the currently published
HCFCD Policy, Criteria, and Procedure Manual.
➢ ENGINEER assumes the crossing will be sized for existing
watershed conditions.
➢ Peak flows used for 0100 -00 -00 will be based on Federal
Emergency Management Agency (FEMA) effective model obtained
from HCFCD.
Second Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 15
(e) Prepare an existing condition hydraulic model of 0113- 00 -00, the Tributary,
and O 100 -00 -00 using the U.S. Army Corps of Engineers HEC -RAS v. 4.1
hydraulic modeling software.
(1) If no available hydraulic modeling exists to use as a basis for this
analysis. The existing condition hydraulic model will extend from
approximately 1,000 linear feet downstream to 1,000 linear feet upstream
of each proposed crossing.
(2) Analysis will be based on readily available topographic information,
including Harris County two -foot contours and on- ground survey
obtained under Task 2.
(3) Existing condition hydraulic model of O 100 -00 -00 will be based on the
effective model, and will be modified using available topographic
information.
(f) Modify the existing condition hydraulic models to include the proposed
improvements to create a proposed condition hydraulic model.
(1) Proposed crossing will be sized in general accordance with the currently
published HCFCD Policy, Criteria, and Procedure Manual
(2) Floodplain improvements will be graded such that there is no increase in
floodplain elevation associated with 0100- 00 -00.
(3) This task includes proposed modeling up to 500 linear feet upstream and
downstream of each crossing.
(g) Summarize the results of this task in a report format for submittal to the
OWNER and HCFCD.
(1) Anticipated format will be in general accordance with the HCFCD digital
submittal guidelines and will include the following information:
Report Text,
➢ Drainage Area Map,
➢ Hydrologic Calculations,
Effective Hydraulic Model,
➢ Existing Condition Hydraulic Models,
➢ Proposed Condition Hydraulic Models,
Hydraulic Workmaps, and
➢ Digital Files.
(h) Deliverables
(1) Submit up to two hard copies of the report to the OWNER and one
digital copy of the report to HCFCD.
(2) Respond to concurrent OWNER and HCFCD comments as part of this
task.
(i) ENGINEER assumes that no submittals to FEMA will be required.
Submittals to FEMA will be performed as an Additional Service.
TASK 10 - San Jacinto Lift Station Final Design ENGINEER perform or
cause to be performed the following services in Task 9 and shall complete the
same within one hundred twelve (112) calendar days from the completion and
acceptance of Task 5.
(a) Once the OWNER has reviewed the preliminary plans, the ENGINEER will
prepare final plans and technical specifications in accordance with the
preliminary plans. Final plans will consist of approximately twenty (20) —
22 "x34" plan sheets. Final design includes:
(1) General
➢ General Notes.
Second Amendment to the Standard Form
of Agreement between Owner and En ig neer, Page 16
(2) Civil Plans
➢ Overall Dimensional Control Plan.
➢ Lift Station Site Plan.
➢ Lift Station Grading Plan.
➢ Lift Station Details Pumps and Piping (Includes force main).
Lift Station Details Structural.
(3) Site Electrical.
➢ General Sheets (legend, general notes).
➢ MCC Enclosure Plan and Elevation.
➢ One -Line Diagram.
Pump Station Floor Plan and Details.
Generator Details.
Instrumentation Symbols and Legend.
Y Lift Station P &ID.
(b) Deliverables
(1) Design submittal (90 %)
➢ Submit two (2) full size copies to the OWNER for review and
comment
➢ Submittal shall include the following:
• Final design plans,
• Contract documents (EJCDC), including the following:
• City of Baytown standard construction contract forms,
• Notice to bidders,
• Special instructions to bidders,
• Bid form,
• Standard construction contract,
• Performance bond,
• Payment bond,
• Maintenance bond,
• Certificate of insurance,
• General conditions,
• Special provisions, and
• Technical specifications, and
o Opinion of probable construction cost.
Provide a completed application for OWNER to submit to the Texas
Department of Licensing and Regulation (along with one of the plan
sets) for review in accordance with to the Elimination of
Architectural Barriers Act. The application fees will be paid directly
by OWNER.
(2) Incorporate final design submittal review comments.
(3) Prepare the final opinion of probable construction cost.
(4) Design submittal (100 %)
➢ Submit two (2) full -size sets of plans and specifications to OWNER.
➢ Submit the final opinion of probable construction cost.
Submit a letter of notification to OWNER stating completion of the
design of the project.
9. Prepare Biding Documents for one bid package for both the roadway and the lift
station.
Second Amendment to the Standard Form
of Aereement between Owner and Engineer, Page 17
10. Prepare additional line items in the Bid Tabulations, assuming the project
documentation, including plans and specifications, were originally prepared to
reflect these items, as reasonably requested by OWNER, so long as this/these
request(s) is made prior to the submission of the final Bidding Documents.
11. Once OWNER has approved and accepted the 100% Bidding Documents,
provide OWNER with the final opinion of probable construction cost along with
fifteen (15) CD's with PDF's that include all of the Bidding Documents,
including, but not limited to the final construction contract documents, plans,
specifications, drawings, and required reports within the time frame provided for
Task 10 hereinabove.
B. In the event that the Work designed or specified by ENGINEER is to be performed or
furnished under more than one prime contract, or if ENGINEER's services are to be
separately sequenced with the work of one or more prime Contractors (such as in the case
of fast - tracking), OWNER and ENGINEER shall, prior to commencement of the Final
Design Phase, develop a schedule for performance of ENGINEER's services during the
Final Design, Bidding or Negotiating, Construction, and Post - Construction Phases in order
to sequence and coordinate properly such services as are applicable to the work under such
separate prime contracts. This schedule is to be prepared and included in or become an
amendment to Exhibit A whether or not the work under such contracts is to proceed
concurrently.
C. The number of prime contracts for Work designed or specified by ENGINEER upon which
the ENGINEER's compensation has been established under this Agreement is one (1).
D. (Modified) ENGINEER's services under the Final Design Phase will be considered
complete on the date when the submittals required by paragraph A 1.02.A have been
delivered to and accepted by OWNER and all regulatory authorities have approved the
same.
b. Exhibit "A" "Engineer's Services," Section A1.03 "Bidding or Negotiating Phase" of the
Agreement is hereby amended to read as follows:
A1.03 Bidding or Negotiating Phase
A. After acceptance by OWNER of the Bidding Documents and the most recent opinion of
probable Construction Cost as determined in the Final Design Phase and upon written
authorization by OWNER to proceed, ENGINEER shall:
I. Assist OWNER in advertising for and obtaining bids for the Work.
2. Answer questions and issue Addenda as appropriate to clarify, correct, or change the
Bidding Documents.
3. Consult with OWNER as to the acceptability of subcontractors, suppliers, and other
individuals and entities proposed by Contractor for those portions of the Work as to
which such acceptability is required by the Bidding Documents.
4. Perform the following additional bid phase services:
Second Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 18
a. Issue bid documents to prospective bidders,
b. Maintain a list of bidders to whom bidding documents have been issued,
c. Provide two (2) hard copies of full -size sets "Issued for Construction" of Contract
Documents with all addenda to the Contractor once the contract has been awarded
by OWNER, and
d. Provide two (2) hard copies of half -size sets "Issued for Construction of Contract
Documents construction documents with all addenda for contractor once award to
OWNER
5. (Modified) Conduct the Mandatory Pre-Bid Conference and prepare summary of pre -
bid meeting minute for the project and distribute to all prospective bidders.
6. (Modified) Attend the Bid opening, prepare Bid tabulation sheets, assemble contract
documents, assist OWNER in both evaluating Bids or proposals, recommend award to
OWNER, as appropriate, and assist in awarding contracts for the Work.
7. Assist in connection with Bid protests, rebidding, or re- negotiating contracts for
construction, materials, equipment, or services.
B. The Bidding or Negotiating Phase will be considered complete upon commencement of the
Construction Phase.
c. Exhibit "A" "Engineer's Services," Section A1.04 "Construction Phase" of the Agreement is
hereby amended to read as follows:
A 1.04 Construction Phase
A. Upon successful completion of the Bidding and Negotiating Phase, and upon written
authorization from OWNER, ENGINEER shall:
General Administration of Construction Contract. Consult with OWNER and act as
OWNER's representative as provided in the General Conditions. The extent and
limitations of the duties, responsibilities and authority of ENGINEER as assigned in
said General Conditions shall not be modified, except as ENGINEER may otherwise
agree in writing. All of OWNER's instructions to Contractor will be issued through
ENGINEER, who shall have authority to act on behalf of OWNER in dealings with
Contractor to the extent provided in this Agreement and said General Conditions
except as otherwise provided in writing.
2. (Modified) Selecting Independent Testing Laboratory. Assist OWNER in the selection
of an independent testing laboratory to perform testing services, if any.
3. Pre - Construction Conference. Prepare a Pre- Construction Conference agenda and
conduct a Pre- Construction Conference prior to commencement of Work at the Site.
Prepare and provide a summary of the Pre- Construction Conference minutes for the
project and distribute it to all parties
4. Baselines and Benchmarks. As appropriate, establish control and temporary
benchmarks for locating the Work which in ENGINEER's judgment are necessary to
enable Contractor to proceed.
Second Amendment to the Standard Form
of Aaeement between Owner and Engineer, Page 19
5. visits to Site and Observation of Construction. In connection with observations of
Contractor's work in progress while it is in progress:
a. (Modified) Make visits to the Site at intervals appropriate to the various stages of
construction, and as ENGINEER and/or OWNER deems necessary, in order to observe
as an experienced and qualified design professional the progress and quality of the
Work. Such visits and observations by ENGINEER, and the Resident Project
Representative, if any, are not intended to be exhaustive or to extend to every aspect of
Contractor's work in progress or to involve detailed inspections of Contractor's work in
progress beyond the responsibilities specifically assigned to ENGINEER in this
Agreement and the Contract Documents, but rather are to be limited to spot checking,
selective sampling, and similar methods of general observation of the Work based on
ENGINEER's exercise of professional judgment as assisted by the Resident Project
Representative, if any. Based on information obtained during such visits and such
observations, ENGINEER will determine if Contractor's work is proceeding in
accordance with the Contract Documents, and ENGINEER shall keep OWNER
informed of the progress of the Work.
b. (Modified) The purpose of ENGINEER's visits to, and representation by the Resident
Project Representative, if any, at the Site, will be to enable ENGINEER to better carry
out the duties and responsibilities assigned to and undertaken by ENGINEER during
the Construction Phase, and, in addition, by the exercise of ENGINEER's efforts as an
experienced and qualified design professional, to provide for OWNER a greater degree
of confidence that the completed Work will substantially conform to the Contract
Documents and that the integrity of the design concept of the completed Project as a
functioning whole as indicated in the Contract Documents has been implemented and
preserved by Contractor. ENGINEER shall not, during such visits or as a result of such
observations of Contractor's work in progress, supervise, direct, or have control over
Contractor's work, nor shall ENGINEER have authority over or responsibility for the
means, methods, techniques, sequences, or procedures of construction selected by
Contractor, for safety precautions and programs incident to Contractor's work, or for
any failure of Contractor to comply with Laws and Regulations applicable to
Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither
guarantees the performance of any Contractor nor assumes responsibility for any
Contractor's failure to furnish and perform its work in accordance with the Contract
Documents.
6. (Modified) Defective Work. Recommend to OWNER that Contractor's work be
disapproved and rejected while it is in progress if, on the basis of such observations,
ENGINEER believes that such work will not produce a completed Project that substantially
conforms to the Contract Documents or that it will prejudice the integrity of the design
concept of the completed Project as a functioning whole as indicated in the Contract
Documents.
7. Clarifications and Interpretations; Field Orders. Issue necessary clarifications and
interpretations of the Contract Documents as appropriate to the orderly completion of
Contractor's work. Such clarifications and interpretations will be consistent with the intent
of and reasonably inferable from the Contract Documents. ENGINEER may issue Field
Orders authorizing minor variations from the requirements of the Contract Documents.
Second Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 20
8. Change Orders and Work Change Directives. Recommend Change Orders and Work
Change Directives to OWNER, as appropriate, and prepare Change Orders and Work
Change Directives as required.
9. Shop Drawings and Samples. Review and approve or take other appropriate action in
respect to Shop Drawings and Samples and other data which Contractor is required to
submit, but only for conformance with the information given in the Contract Documents
and compatibility with the design concept of the completed Project as a functioning whole
as indicated in the Contract Documents. Such reviews and approvals or other action will
not extend to means, methods, techniques, sequences or procedures of construction or to
safety precautions and programs incident thereto. ENGINEER has an obligation to meet
any Contractor's submittal schedule that has earlier been acceptable to ENGINEER.
10. Substitutes and "or- equal. " Evaluate and determine the acceptability of substitute or "or-
equal" materials and equipment proposed by Contractor, but subject to the provisions of
paragraph A2.01 of this Exhibit A.
11. Inspections and Tests. Require such special inspections or tests of Contractor's work as
deemed reasonably necessary, and receive and review all certificates of inspections, tests,
and approvals required by Laws and Regulations or the Contract Documents.
ENGINEER's review of such certificates will be for the purpose of determining that the
results certified indicate compliance with the Contract Documents and will not constitute an
independent evaluation that the content or procedures of such inspections, tests, or
approvals comply with the requirements of the Contract Documents. ENGINEER shall be
entitled to rely on the results of such tests.
12. Perform or provide the following additional Construction Phase tasks or deliverables:
a. Lift Station Start Up. Promptly after notice from Contractor that it considers the lift
station complete, OWNER and Contractor shall perform a Lift Station Start-up.
ENGINEER shall observe the lift station start up and observe for general conformance
with contract documents.
13. (Modified) Disagreements between OWNER and Contractor. Render formal written
decisions on all claims of OWNER and Contractor relating to the acceptability of
Contractor's work or the interpretation of the requirements of the Contract Documents
pertaining to the execution and progress of Contractor's work. In rendering such decisions,
ENGINEER shall be fair and not show partiality to OWNER or Contractor.
14. Applications for Payment. Based on ENGINEER's observations as an experienced and
qualified design professional and on review of Applications for Payment and
accompanying supporting documentation:
a. Determine the amounts that ENGINEER recommends Contractor be paid. Such
recommendations of payment will be in writing and will constitute ENGINEER's
representation to OWNER, based on such observations and review, that, to the best of
ENGINEER's knowledge, information and belief, Contractor's work has progressed to
the point indicated, the quality of such work is substantially in accordance with the
Contract Documents (subject to an evaluation of the Work as a functioning whole prior
to or upon Substantial Completion, to the results of any subsequent tests called for in
the Contract Documents and to any other qualifications stated in the recommendation),
Second Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 21
and the conditions precedent to Contractor's being entitled to such payment appear to
have been fulfilled in so far as it is ENGINEER's responsibility to observe Contractor's
work. In the case of unit price work, ENGINEER's recommendations of payment will
include final determinations of quantities and classifications of Contractor's work
(subject to any subsequent adjustments allowed by the Contract Documents). The
responsibilities of ENGINEER contained in paragraph A1.04.A.5.a are expressly
subject to the limitations set forth in paragraph A1.04.A.5.b and other express or
general limitations in this Agreement and elsewhere.
b. By recommending any payment, ENGINEER shall not thereby be deemed to have
represented that observations made by ENGINEER to check the quality or quantity of
Contractor's work as it is performed and furnished have been exhaustive, extended to
every aspect of Contractor's work in progress, or involved detailed inspections of the
Work beyond the responsibilities specifically assigned to ENGINEER in this
Agreement and the Contract Documents. Neither ENGINEER's review of
Contractor's work for the purposes of recommending payments nor ENGINEER's
recommendation of any payment including final payment will impose on ENGINEER
responsibility to supervise, direct, or control Contractor's work in progress or for the
means, methods, techniques, sequences, or procedures of construction or safety
precautions or programs incident thereto, or Contractor's compliance with Laws and
Regulations applicable to Contractor's furnishing and performing the Work. It will
also not impose responsibility on ENGINEER to make any examination to ascertain
how or for what purposes Contractor has used the moneys paid on account of the
Contract Price, or to determine that title to any portion of the work in progress,
materials, or equipment has passed to OWNER free and clear of any liens, claims,
security interests, or encumbrances, or that there may not be other matters at issue
between OWNER and Contractor that might affect the amount that should be paid.
15. Contractor's Completion Documents.
a. (Modified) Receive and review maintenance and operating instructions, schedules, and
guarantees as prepared by the Contractor in accordance with the Contract Documents.
ENGINEER will compile this information as provided by Contractor, and deliver three
(3) copies of the same to OWNER.
b. (Modified) Receive bonds, certificates, or other evidence of insurance not previously
submitted and required by the Contract Documents, certificates of inspection, tests and
approvals, Shop Drawings, Samples and other data approved as provided under
paragraph A 1.04.A.9, and the annotated record documents which are to be assembled
by Contractor in accordance with the Contract Documents to obtain final payment.
The extent of such ENGINEER's review will be limited as provided in paragraph
A 1.04.A.9.
c. ENGINEER shall transmit these documents to OWNER within thirty days of receipt of
documents from Contractor.
d. (Added)Preparing and furnishing to OWNER Record Drawings electronically in a
format approved by the OWNER and on mylar showing appropriate record information
based on Project annotated record documents received from Contractor. These shall
include but not be limited to the following:
One (1) set of reproducible (22" x 34 ") Record Drawings.
Second Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 22
One (1) set of blackline (22" x 34 ") Record Drawings
➢ One (1) set of .pdf file Record Drawings (each sheet will be a separate .pdf file)
16. Final Completion. Promptly after notice from Contractor that Contractor considers the
entire Work ready for its intended use, in company with OWNER and Contractor, conduct
an inspection to determine if the Work is finally complete. ENGINEER shall prepare
punch -lists as necessary for the Work to achieve final completion.
17. Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the
completed Work of Contractor is acceptable so that ENGINEER may recommend, in
writing, final payment to Contractor. Accompanying the recommendation for final
payment, ENGINEER shall also provide a notice in the form attached hereto as Exhibit E
(the "Notice of Acceptability of Work ") that to the best of ENGINEER's knowledge,
information and belief and upon the exercise of ENGINEER'S due diligence, the Work is
acceptable and is in compliance with the Contract Documents.
B. Duration of Construction Phase. The Construction Phase will commence with the
execution of the first Construction Agreement for the Project or any part thereof and will
terminate upon final payment to Contractors.
C. Limitation of Responsibilities. ENGINEER shall not be responsible for the acts or
omissions of any Contractor, or of any of its subcontractors, suppliers, or of any other
individual or entity performing or furnishing any of the Work. ENGINEER shall not be
responsible for failure of any Contractor to perform or furnish the Work in accordance with
the Contract Documents.
d. Exhibit "C" "Engineer's Services," Section A4.01 "For Basic Services Having a Determined
Scope — Cost not to Exceed Method of Payment," Subsection A.I 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:
1. (Modified) A cost not to exceed amount of $1,207,350.00, based upon the rate
schedule, which is attached as Appendix 1 of Exhibit C and incorporated herein
for all intents and purposes. This amount includes those ENGINEER'S
Consultant's charges and will be distributed at the completion of each phase in
the following amount:
a. Surveying/Environmental Services ......... ............................... $ 96,400
b. Preliminary Design Phase ....................... ............................... $ 79,200
c. Right -0f - -way (ROW) Services ............... ............................... $192,900
d. Final Design Phase
Task 1 — Supporting Design Information . ............................... $69,400
Task 2 — Environmental ........................... ............................... $17,600
Task 3 — Goose Creek Lift Station Analysis ........................... $21,500
Task 4 — San Jacinto Lift Station Analysis .............................. $32,300
Task 5 — San Jacinto Lift Station Preliminary Design ............ $85,500
Task 6 — Final Design of San Jacinto Blvd Phase 1 .............. $220,600
Task 7 — Roundabout Analysis and Design ............................. $60,000
Second Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 23
cask 8 Supplemental Drainage Analysis .............................. $40.500
Task 9 I ICI-CD No Impact Stud} .......... ............................... S29.500
cask 10 - San Jacinto Lift Station Final Design ................... $147.700
e. Bidding or Negotiatim-, Phase ................... ............................... $18.500
f. Construction Phase ................................... ............................... $95.750
Entire Agreement. the pro% isions of this Second Amendment and the First Amendment and 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 Second Amendment and the
pro\ isions of the First Amendment or the Agreement. the provisions of this Second Amendment
shall control. Nothing contained in this Second Amendment or in the Agreement shall be
construed in any N\ay to limit or to %%,live the 0\ \'NER'S sovereign inimunit).
IN \ \'I -rNESS \VI IERLOF, 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 the same
amendment. this day of 2015. the date of execution bN the Cit\
Manager.
OWNER: CITY OF BAYTOWN
By:
RON BOTTOMS. Acting City Manager
ATTEST:
LETICIA BRYSCI I. City Clerk
APPROVED AS TO FORA:
IGNACIO RAMIREZ. SR.. City Attorney
KIMLFY -FIORN AND ASSOCIATES: INC.
By.
(Signature)
�C. F, -4--v"kt 1 /21
(Printed Name)
(Title)
Second Amendment to the Standard Form
of Agreement between Owner and Engineer, 11age 24
ATTEST:
LAA
(Signature)
KW r A 1410 P 4
(Printed Name)
ACrovIM --
(Title)
R:\ Karen \Files\EngineeringXEngineering Agreemcnts\Kimley- HomXSan Jacinto BlvdlSecondAmendment.docx
Second Amendment to the Standard Form
of Agreement between Owner and Engineer. Page 25