Ordinance No. 13,139ORDINANCE NO. 13,139
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE FOURTH 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
NINETY THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($190,500.00);
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 Fourth 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 NINETY THOUSAND FIVE
HUNDRED AND NO /100 DOLLARS ($190,500.00) 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 immediatelyAom and after its passage by the
City Council of the City of Baytown. V
INTRODUCED, READ and PASSED by the affirmativ vote of the City Council of the City of
Baytown this the 25th day of February, 2016. 1 A
DONCARLOS, Mayor
A ST:
ETICIA BRYSCH, Cityk4herk E
C.)
APPROVED AS TO FORM: 'n f
P 9 \ L
ACIO RAMIREZ, SR., CitUttorney
P, COBFSOI %.Legal�.Karen!Files\City Council ''Ordinances\2016\February 25\ FourthAmendment2KimleyHomAgreement4SanJacintoBlvd .doc
EXHIBIT A
FOURTH AMENDMENT
TO THE
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Fourth Amendment ( "Fourth 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, thereafter on November 20, 2015, the OWNER and ENGINEER entered into the
Third Amendment to the Agreement in order for the Engineer to provide the following services:
1. Carter Tract and Lone Star Avenue Roadway Extension:
➢ Extend the previously agreed upon limits an additional 800 linear feet to the southern
boundary of the Carter property; and
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:
➢ Add additional field reconnaissance for the extension of the roadway and associated
infrastructure to the southern boundary of the Carter property and
➢ 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:
Add an additional 250 linear feet of sanitary sewer survey and design;
WHEREAS, OWNER and Engineer desire to amend the contract again in order to perform
additional engineering services, including the modification of the construction contract documents, to
include the following scope changes:
Fourth Amendment to the Standard Form
of Agreement between Owner and Engineer. Page 1
EXHIBIT A
Relocate the San Jacinto Boulevard Lift Station site from the southeast comer of San
Jacinto Boulevard and Santavy Street to the northeast corner of the same intersection.
2. Relocate the detention ponds on the northern tracts to the west side of San Jacinto
Boulevard.
3. Add plan and profile construction documents for a proposed concrete encased
underground conduit duct bank per the specifications provided by CenterPoint Energy.
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 Amendment shall have the same meanings as in the Agreement.
2. Amendments
a. Exhibit "A" "Engineer's Services," Section A2.02 "Required Additional Services" of the
Agreement is hereby amended to add the Task Nos. 1, 2 and 3, which shall read as follows:
A2.02 Required Additional Services
A. Upon written authorization from OWNER, ENGINEER shall:
1. Perform or provide the following additional services, tasks and/or deliverables:
TASK 1— Lift Station Design Revision
1.1. Kick -off Meeting
1.1.1. The ENGINEER will conduct a kick -off meeting(s) with
representatives of the OWNER to select revised site plan. This
meeting will review the project issues, discuss potential site plan
options, and decide a site plan to move forward with for the
redesign of the lift station site. Conducting this meeting will
involve preparing exhibits, agenda handouts and documenting
comments.
1.2. Easement and Metes and Bounds Revisions
1.2.1. Revise Metes and Bounds for Drainage Easement on southeast
comer of San Jacinto Boulevard and Santavy Street (One (1)
instrument.)
1.2.2. Revise Metes and Bounds for ROW taking for northeast corner of
San Jacinto Boulevard and Santavy Street (One (1) instrument.)
1.3. Contractor Meetings
1.3.1. Along with the 95% submittal, the ENGINEER will prepare for and
facilitate meetings with the OWNER and Contractor to discuss and
make recommendations regarding the revisions to the site layout,
fencing and landscaping, and the addition of a retaining wall.
1.3.1.1. Site Plan Considerations: Configuration of wet well, valve
vault, meter vault, electrical control pad, transformer pad,
and generator pad.
Fourth Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 2
EXHIBIT A
1.3.1.2. Fence and entry gate: For security per TCEQ, and/or the
OWNER
1.3.1.3. Entrance drive location and type
1.3.1.4.Onsite driveway
1.3.1.5. Site drainage
1.4. Design Revisions (On -Site Civil)
1.4.1. Lift Station Plan Preparation
1.4.1.1. General Sheets Updates (cover sheet, location map, sheet
index, general notes, list of abbreviations, and legends for all
disciplines)
1.4.1.2. Overall Dimensional Control Plan Updates
1.4.1.3. Lift Station Site Plan Updates
1.4.1.3.1. Lift Station Schematic Site Layout including
wet well plan and section
1.4.1.4. Lift Station Grading Plan Updates
1.4.1.5. Lift Station Drainage Plan Sheets
1.4.1.5.1. Update Drainage Area Map
1.4.1.5.2. Update Drainage Design to include inlets and
connection to San Jacinto Boulevard storm
system
1.4.1.6. Lift Station Details Pumps and Piping Updates
1.4.1.6.1. Hydraulics and Pump selection verification
1.4.1.6.2. Check and air valve sizing verification
1.4.1.6.3. Control Monitor and wet well level set points
verification
1.5. Design Revisions (Off -Site Civil)
1.5.1. Force Main Plan Revisions
1.5.1.1. Revise the alignment of the force main to end at the new
site on the northeast comer of Santavy Street and San
Jacinto Boulevard
1.5.2. Wastewater Plan Revisions
1.5.2.1. Extend a wastewater stub out to the west side of San
Jacinto Boulevard at the intersection of Santavy Street.
1.5.3. Paving Plan Revisions
1.5.4. Storm Drain Revisions along Santavy Street, at inlet connections
to San Jacinto Boulevard, and revision of drainage ditch on
southeast corner of San Jacinto Boulevard and Santavy Street
1.6. Design Revisions (Site Electrical)
1.6.1. Electrical Plan Preparation
1.6.1.1. General Sheets Updates (legend, general notes)
1.6.1.2. MCC Enclosure Plan and Elevation Updates
1.6.1.3. Pump Station Floor Plan Updates
1.6.1.4. Electrical sizing and schematic layout
1.6.1.5. Natural Gas Generator update
1.6.1.6. Transformer Update — revisions to underground electrical
and ground set transformer and pad
1.6.2. Franchise Utility Coordination
1.6.2.1. Contact franchise utilities to discuss revision and
providing service
Fourth Amendment to the Standard Form
of Agreement between Owner and En is neer• Page 3
EXHIBIT A
1.6.2.2. Send one set of plans to each franchise utility for their
review. Request each franchise utility to verify the size,
type, and location of their utilities
1.7. Design Revisions (Site Structural)
1.7.1. Structural Plan Preparation
1.7.1.1. General Sheets Updates (legend, general notes)
1.7.1.2. Wet Well Plan and Section Update
1.7.1.3. Electrical Building Slab Update
1.7.1.4. Generator Slab Update
1.8. Design Revisions (Site Landscaping and Irrigation)
1.8.1. Landscape Plan
1.8.1.1. Prepare final Landscape Plans for the proposed relocated
Lift Station in Baytown, Texas. These plans will be
prepared in an effort to comply with the directives of the
OWNER and the minimum landscape requirements set
forth by the OWNER. Plans will include:
1.8.1.1.1. Landscape Planting Plan
I.8.1.1.2. Landscape Calculation Table
1.8.1.1.3. Planting Details and Specifications
1.8.1.1.4. Construction Details and Specifications for
perimeter screen fence
1.8.1.2. Prepare construction details for a perimeter screen wall
and retaining wall. Update to move plantings to outside
of wall and integrate plant selection with plantings for
San Jacinto Boulevard
1.9. Franchise Utility Coordination
1.9.1. Contact franchise utilities to discuss revision and providing
service
1.9.2. Send one set of plans to each franchise utility for their review.
Request each franchise utility to verify the size, type, and location
of their utilities.
1.10.95% Review Meeting
1.10.1. The ENGINEER will prepare for and facilitate a meeting with the
OWNER and Contractor to discuss the 95% revised plans.
1.11. Based on comments from the OWNER regarding the 95% plans and
technical specification, the ENGINEER will prepare final construction
contract documents, bid plans, and opinion of probable construction
cost.
1.11.1. The revised plans will consist of the revised final plans, signed
and sealed by a licensed professional engineer in the State of
Texas and in accordance with comments provided by the
OWNER during final design.
1.12. Deliverables
1.12.1. PDF of Revised Metes and Bounds for identified easement and
ROW
1.12.2.95% Design Deliverables
1.12.2.1. PDF of 95% plans
1.12.2.2. PDF of 95% specifications
1.12.3. Final design deliverables will consist of the following:
1.12.3.1. Three (3) copies of 22 "x34" Revised 100% Construction
Contract Documents and Technical Specifications
Fourth Amendment to the Standard Form
of Agreement between Owner and Engineer. Page 4
EXHIBIT A
1. 13. Meetings
1.13.1. Attend meetings to discuss change in project scope with
Contractor.
1.13.2. Attend meetings to discuss OWNER's comments regarding the
95% design and deliverables.
1.14. Schedule
1.14.1. Work under this task will be complete within 60 days from
Notice To Proceed.
TASK 2 — Detention Pond Design Revision
2.1. Easement and metes and bounds revisions
2.1.1. Revise metes and bounds instruments for right -of -way of north and
south detention ponds. (Four (4) instruments.)
2.1.2. Revise drainage easement instruments along San Jacinto
Boulevard adjacent to detention pond locations. (Two (2)
instruments)
2.1.3. Develop drainage easements for storm sewer from San Jacinto
Boulevard to extent of detention pond (Approx. 300 linear feet)
(Two (2) instruments)
2.2. Property owner coordination
2.2.1. Coordinate with the property owner's representative (RR Civil
Engineering) to receive property owner approval of revised
detention pond locations
2.3. Detention pond plan revisions
2.3.1. Revise the detention pond plans based on the property owner
approved pond locations
2.3.2. Revise detention pond outfall structures to the HCFCD ditch per
the property owner approved pond locations
2.3.2.1. Structural design of outfall structures
2.3.2.2. Plan sheet updates
2.3.2.3. HCFCD channel grading and sheet revisions
2.3.2.4. Detail updates
2.4. Storm drain plan revisions
2.4.1. Revise storm drain system accordingly to connect to proposed
detention pond locations
2.4.1.1. Revisions shall include the following:
2.4.1.1.1. Horizontal geometrics
2.4.1.1.2. Vertical adjustments based on capacity and
hydraulic requirement.
2.4.1.1.3. Drainage calculation revisions
2.4.1.1.4. Plan and profile sheet revisions
2.4.1.1.5. Lateral profile sheet revisions
2.4.1.1.6. Temporary drainage ditch revisions
2.5. Revise HCFCD No Impact Study
2.5.1. Revise current document and resubmit to HCFCD
2.5.2. Update to hydraulic model to reflect detention pond updates.
2.6. Deliverables
2.6.1. PDF of revised metes and bounds for identified easement and
right -of -way
Fourth Amendment to the Standard Form
of Aeeement between Owner and Engineer. Page 5
EXHIBIT A
2.6.2. Final design deliverables will consist of the following:
2.6.2.1. PDF of revised plans to be included as part of an
addendum to the contract documents prior to the bid
opening of the project
2.7. Meetings
2.7.1. Attend meetings to discuss change in detention pond location with
OWNER and property owner
2.8. Schedule
2.8.1. Work under this task will be complete within 30 days from Notice
To Proceed
TASK 3 -- CenterPoint Energy Duct Bank Plans
3.1. Duct Bank Plan Production
3.1.1. This task includes the preparation of a set of plan and profile
drawings for approximately 6,300 LF of a proposed concrete
encased underground conduit duct bank per the specifications
provided by CenterPoint Energy. The proposed duct bank will be
located within the City of Baytown right -of -way and will begin at
the intersection of San Jacinto Boulevard and IH -10 and travel
south to the termination of San Jacinto Boulevard Phase One
project. It is understood that the scope of work to be included in
this plan set is plan and profile layouts for concrete encased
conduit duct bank to accommodate the burial of future required
electric lines along the above specified San Jacinto Boulevard
corridor.
3.1.2. The size of duct bank, number of conduit, and required manhole
spacing will be provided by CenterPoint Energy.
3.1.3. The ENGINEER will coordinate the layout and design of the
proposed conduit duct bank with CenterPoint Energy's Major
Underground Department. Once the alignment is approved by the
OWNER and CenterPoint, production of plan and profile
drawings will commence.
3.2. Update Existing Plan Sheets
3.2.1. The ENGINEER will revise previously prepared water,
wastewater, storm, illumination, and landscape plans as required
to accommodate the location of the proposed underground
conduit duct bank
3.3. Gas Company Coordination
3.3.1. The ENGINEER will coordinate with both Energy Transfer and
Entergy to update the previously provided Letter of No Objection
(LONO's) in order to cross the existing four (4) gas lines along
the proposed roadway corridor. It is the understanding that in
order to gain the approval of the gas companies, the underground
conduit will be required to be placed in an encasement and
installed via bore across the gas lines.
3.4.OPCC
3.4.1. The ENGINEER will prepare an opinion of probable construction
cost (OPCC) based on the proposed conduit duct bank plans.
3.5. Bid Phase Services
3.5.1. Addenda to the Bid Documents and responding to one round of
resulting Contractor questions are anticipated at this time.
Fourth Amendment to the Standard Form
of Agreement between Owner and Engineer. Page 6
EXHIBIT A
3.6. Construction Phase Services
3.6.1. CenterPoint has requested record drawings of the installed conduit
duct bank Along with the previously scoped Construction Phase
Services provided as part of Amendment 2 to the original
Contract. The ENGINEER will also prepare record drawings for
the CenterPoint conduit duct bank.
3.7. Deliverables
3.7.1. One 95% PDF of the proposed conduit duct bank plans will be
submitted to Baytown Engineering and CenterPoint Energy for
review and comment. Approval from OWNER and CenterPoint
Energy will be required prior to construction.
3.7.2. One PDF of the OWNER and CenterPoint Energy approved final
design plans for the proposed conduit duct bank will be provided
to the OWNER and CenterPoint.
3.7.3. One PDF of the record drawings for the proposed conduit duct
bank will be provided to the OWNER and CenterPoint.
3.8. Permitting or Submittal Fees
3.8.1. This task does not include permitting or submittal fees and, if
required, will be billed as a reimbursable expense.
3.9. Meetings
3.9.1. This task includes meetings with CenterPoint Energy's Major
Underground Department to coordinate the layout and design of
the proposed conduit duct bank
3.9.2. This task includes meetings with the OWNER to review the
proposed conduit duct bank plans and receive comments.
3.10. Schedule
3.10.1. Work under this task will be complete within 45 days from
Notice To Proceed.
b. Exhibit "C" "Engineer's Services," Article 4 "Payments to the Engineer," Section
C4.03 "For Additional Services," of the Agreement is hereby amended to read as follows:
C4.03 For Additional Services
A. OWNER shall pay ENGINEER for Additional Services as follows:
1. General. For services of ENGINEER's employees engaged directly on the
Project pursuant to paragraph A2.01 or A2.02 of Exhibit A of the Agreement,
except for services as a consultant or witness under paragraph A2.0l.A.13,
an amount based upon the actual hours worked and the rate schedule, which
is attached as Appendix 1 of Exhibit C and incorporated herein for all intents
and purposes plus Reimbursable Expenses. Additional Services shall not be
performed without the prior written consent of the OWNER.
2. Required Additional Sertices. For required additional services pursuant to
Paragraph A2.01, OWNER shall pay ENGINEER a cost not to exceed
$190,500 upon the basis described in subparagraph 1 hereinabove. This
amount shall be distributed at the completion of each task in the following
amount:
TASK 1 — Lift Station Design Revision .............. ............................... $66,000
Fourth Amendment to the Standard Form
of Agreement between Owner and Eng neer Page 7
EXHIBIT A
TASK 2 — Detention Pond Design Revision ......... ............................... $50,000
TASK 3 -- CcntcrPoint Encrgy Duct Bank Plans ............................... $74,500
3. Entire Agreement. The provisions of this Fourth Amendment, the Third Amendment, the Second
Amendment, 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 Fourth Amendment and the provisions of the Third Amendment, the Second Amendment,
the First Amendment or the Agreement. the provisions of this Fourth Amendment shall control.
Nothing contained in this Fourth 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 , 2016, the date of execution by the City
Manager.
OWNER: CITY OF BAYTOWN
By:
RICHARD L. DAVIS, City Manager
ATTEST-
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
KIMLEY -HORN AND ASSOCIATES, INC.
By:
(Signature)
61r, A Gov-
(Printed Name)
Sr V �cc resi m
(Title)
Fourth Amendment to the Standard Forin
of Agreement between Owner and Engineer. Pagc 8
EXHIBIT A
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Fourth Atnendment to the Standard Fonn
orAttreemcnt between Owner and Engineer, Pace 9