Ordinance No. 13,034ORDINANCE NO. 13, 034
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE THIRD 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 ONE HUNDRED SEVENTY -ONE
THOUSAND FOUR HUNDRED SEVENTY AND NO /100 DOLLARS ($171,470.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
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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 Third 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 ONE HUNDRED SEVENTY -ONE THOUSAND
FOUR HUNDRED SEVENTY AND NO /100 DOLLARS ($171,470.00) 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 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 %).
Section 4: This ordinance shall take effect immediately
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the
Baytown this the 16`" day of November, 2015.
FIFAI, 1
• `!D
APPROVED AS TO FORM:
��., JM ACID R C' y Attorney
and after its passage by the
of the City Council of the City of
Mayor
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Exhibit A
THIRD AMENDMENT
TO THE
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This Third Amendment ( "Third 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-Hom 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 November 18, 2014, 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, thereafter on May 18, 2015, the OWNER and ENGINEER entered into the Second
Amendment to the Agreement 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; and
WHEREAS, the OWNER and ENGINEER desire to amend the contract again in order for
ENGINEER to provide the following:
1. Carter Tract and Lone Star Avenue Roadway Extension:
a. Extend the previously agreed upon limits an additional 800 linear feet to the
southern boundary of the Carter property; and
b. Add an additional 400 linear feet of roadway design along Lone Star Avenue to
raise the existing Lone Star Avenue above the 100 -year FEMA floodplain;
2. Carter Tract Environmental Engineering:
a. Add additional field reconnaissance for the extension of the roadway and
associated infrastructure to the southern boundary of the Carter property and
b. U.S. Army Corps of Engineering coordination to determine any wetland impacts
due to the proposed roadway and associated infrastructure; and
3. Cheddar's Sanitary Sewer Extension:
a. Add an additional 250 linear feet of sanitary sewer survey and design;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
Third Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 1
Exhibit A
1. 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 A1.02 "Final Design," Subsection A.8 of the
Agreement is hereby amended to add Task Nos. 3.5, 6.5, and 11, which shall read as follows:
A1.02 Final Design Phase
A. Upon written authorization from OWNER, ENGINEER shall:
1. Perform or provide the following additional final Design Phase tasks or
deliverables:
TASK 3.5 — Carter Tract Environmental Engineering. ENGINEER shall
perform or cause to be performed the following services in Task 2.5 and shall
complete the same within one hundred fifty (150) calendar days from the
issuance of the notice to proceed for such services:
(a) Supplemental Field Reconnaissance.
(1) Previous site visit information from ENGINEER will also be utilized as
part of this task, information includes:
➢ Field reconnaissance of the proposed additional 800 linear feet to
determine the approximate extent of potentially jurisdictional
wetlands and other waters of the United States that may be subject
to Section 404/401 and
➢ Observations made relative to aquatic features present onsite;
(2) The following will be required to supplement the above described
information:
Y 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),
D 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 will be required to fulfill the
mitigation requirements;
(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;
Third Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 2
Exhibit A
➢ 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, and
Y It is expected that required compensatory mitigation for proposed
unavoidable losses to waters of the United States can be
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;
Y Effort performed by professional wetland scientist,
D 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),
% Consultant understands that final authority over waters of the United
States delineation resides with the appropriate federal agency,
Y 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 Client review,
Y Incorporate one round of review comments, and
➢ Submit Proposed Preliminary Jurisdictional Determination to
USACE;
(5) Prepare NWP 14 Pre - construction Notification;
➢ Anticipated information to be included:
• Proposed Preliminary Jurisdictional Delineation Report.
• 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
Y Submit one (1) NWP 14 Pre - construction Notification for Client
review;
Y Incorporate one round of review comments; and
Y Submit NWP 14 Pre - construction Notification to the USACE; and
(6) Deliverables
L One (1) Proposed Preliminary Jurisdictional Determination report for
Client review,
Y Proposed Preliminary Jurisdictional Determination to USACE,
➢ One (1) NWP 14 Pre - construction Notification for Client review, and
➢ NWP 14 Pre- construction Notification to the USACE.
TASK 6.5 - Carter Tract and Lone Star Extensions. ENGINEER perform or
cause to be performed the following services in Task 6.5 and shall complete the
Third Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 3
Exhibit A
same within one hundred twelve (112) calendar days from the completion of
Tasks 1 and 4:
(a) Roadway.
(1) Incorporate the preliminary design submittal review comments;
(2) Prepare plan / profile sheets (22 "04" plan sheets at a scale of I" =20'
horizontal, and I "=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,
Y Show pavement and subgrade, right -of -way limits, side slopes,
pavement,
r' Cross slopes, curbs, sidewalks, and retaining walls (if applicable),
and
9 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; and
(8) Compile applicable City standard details. Modify standard details as
needed;
(b) Drainage.
(1) Incorporate the preliminary design submittal review comments;
(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;
(6) Provide plan sheets and details to construct storm sewer outfalls;
(7) Prepare drainage details to clarify intent of design. Compile applicable
City 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; and
(11) Coordinate with City's NPDES Permitting Manager to report planned
elements to gain program credit;
(c) Utilities.
(1) Water.
Design of 800 linear feet of 12" water line and proposed connections
to existing water lines,
Third Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 4
Exhibit A
➢ 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, and
➢ Intersecting mains and service lines will be replaced to just beyond
the limits of new pavement construction;
(2) Sewer.
➢ Design of 800 linear footage and connection locations of gravity
sanitary sewer line,
➢ Prepare sanitary sewer line plan / profile sheets depicting sanitary
sewer lines (pipe size, material, slope, etc.), manhole, and
connections to existing lines, and
➢ Minor adiustments to existing manholes, etc. will be specified in the
plans;
(3) Franchise Utility Coordination.
➢ Coordination.
• Identify franchise utility contacts,
• 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 City 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;
(4) Prepare utility details to clarify intent of design; and
(5) Compile applicable City standard details. Modify standard details as
needed;
(d) Streetscape.
(1) Incorporate the preliminary design submittal review comment;
(2) Hardscape.
➢ Pedestrian Facilities.
o Prepare plans for the pedestrian trail including layout, grading,
materials, specifications, and details for construction;
➢ Street Lighting.
• Develop plans showing type and location of light poles, ground
boxes, electrical services, and conduit,
• Identify electrical service locations with power service provider,
• Perform electrical calculations using standard City of Baytown
light poles including conduit and conductor sizing,
• Develop general notes, plan sheets, sheets consisting of
luminaire and conductor /conduit schedule,
• Provide summary sheets and tabulated lighting quantities, and
• Identify roadway illumination alternative concepts;
(3) Sofrscape.
➢ 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 speck to these;
Y Irrigation.
Third Amendment to the Standard Foru�
of Agreement between Owner and Enuiaeer. Page 5
Exhibit A
o Prepare irrigation plans including head locations, piping layout,
and material specifications;
(e) Traffic.
(1) Traffic Control Plans.
Develop construction sequence plan showing:
• Travel lanes and construction area for each phase of
construction,
• Temporary signing and striping, barricades, and other
channelization devices,
• Narrative of the sequence of construction services,
• Storm sewer construction phasing,
• Public utilities construction phasing, and
• Pedestrian routing during construction;
Develop typical cross sections showing lane widths, edge conditions,
channelization and proposed construction area;
Y Develop typical intersection staging plans for similar intersections;
➢ Develop custom intersection staging layouts for special conditions;
➢ Develop typical driveway staging plans for similar driveways;
D Develop custom driveway staging layouts for special conditions;
➢ Prepare traffic control details to clarify intent of design; and
> Compile applicable City standard details. Modify standard details as
needed;
(2) Pavement Markers and Marking Plans.
➢ Prepare pavement markers and marking layouts in accordance with
City design standards and the Texas Manual of Uniform Traffic
Control Devices ( TMUTCD);
➢ Prepare details to clarify intent of design;
➢ Compile applicable City standard details. Modify standard details as
needed; and
Use TMUTCD sign sizing criteria to size and detail custom guide
signs; and
(3) Prepare general notes and specification data. Identify and prepare special
specifications and/or special provisions applicable to the project.
TASK 11 — Cheddar's Sanitary Sewer. ENGINEER shall perform or cause to
be performed the following services in Task 11 and shall complete the same
within seventy (70) calendar days from the issuance of the notice to proceed for
such services.
(a) 3.1. 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,
Y Existing pavement edge and back of curbs (where applicable), and
Buildings and permanent structures within 200 feet of the proposed
corridor 100' wide cross sections (50' either side of the proposed
sanitary sewer centerline) at 50 foot intervals and at major breaks,
including break lines and adequate detail to develop a surface
Third Amendment to the Standard Form
of Agreement between Owner and Engtneer Page 6
Exhibit A
representative of the existing topography along the proposed San
Jacinto Boulevard alignment;
(3) 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; and
(4) 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.
(b) Sanitary Sewer Design.
(1) Design, linear footage and connection locations of gravity sanitary sewer
line; and
(2) Prepare sanitary sewer line plan / profile sheets depicting sanitary sewer
lines (pipe size, material, slope, etc.), manhole, and connections to
existing lines; and
(c) Minor adjustments to existing manholes, etc. will be specified in the plans.
b. Exhibit "C" "Engineer's Services," Section A4.01 "For Basic Services Having a Determined
Scope — Cost not to Exceed Method of Payment," Subsection A.1 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 $1,378,820.00, 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 -of -way (ROW) Services ............... ............................... $192,900
d. Final Design Phase
Task I — Supporting Design Information . ............................... $69,400
Task 2 — Environmental ........................... ............................... $17,600
Task 3 — Goose Creek Lift Station Analysis ........................... $21,500
Task 3.5 — Carter Tract Environmental Engineering ................. $7,500
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 6.5 — Carter Tract and Lone Star Extensions ................ $160,970
Task 7 — Roundabout Analysis and Design ............................. $60,000
Task 8 — Supplemental Drainage Analysis .............................. $40,500
Task 9 — HCFCD No Impact Study .......... ............................... $29,500
Task 10 — San Jacinto Lift Station Final Design ................... $147,700
Task 11 — Cheddar's Sanitary Sewer ........ ............................... $3,000
e. Bidding or Negotiating Phase ................... ............................... $18,500
f. Construction Phase ................................... ............................... $95,750
3. Entire Agreement. The provisions of this Third Amendment and the Second Amendment, the
First Amendment and the Agreement should be read together and construed as one agreement
Third Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 7
Exhibit A
provided that, in the event of any conflict or inconsistency between the provisions of this Third
Amendment and the provisions of the Second Amendment, the First Amendment or the
Agreement. the provisions of this Third Amendment shall control. Nothing contained in this
Third Amendment or in the Agreement shall be construed in any way to limit or to waive the
OWNER'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 the same
amendment, this day of 2015, the date of execution by the City
Manager.
OWNER: CITY OF BAYTOWN
By:
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
RICHARD L. DAVIS, City Manager
KIMLEY -HORN AND ASSOCIATES, INC.
By:
(Signature)
G'a l a-.►
(Printed Name)
VP
(Title)
ATTEST:
(Signature)
(Printed Name)
(Title)
R Karen FdesTrigmeenng Engineering Agreement, Kimle)-Horn Snn Jncuuo Blvd TlindAmeadment docx
Third Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 8