Ordinance No. 13,165ORDINANCE NO. 13,165
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE FIFTH 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 ADDITIONAL AMOUNT NOT TO EXCEED SEVENTY -SIX
THOUSAND FOUR HUNDRED AND NO /100 DOLLARS ($76,400.00); 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 Fifth 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 additional amount not to exceed SEVENTY -SIX THOUSAND FOUR
HUNDRED AND N01100 DOLLARS ($76,400.00) 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 immediatel d after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affu-mative,/b of the City Council of the City of
Baytown this the 14'' day of April, 2016. /
jATTLE: ICIA BRYSCH, City ClerkP
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., City orney
H. DONCARLOS, Mayor
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Exhibit "A"
FIFTH AMENDMENT
TO THE
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This Fifth Amendment ( "Fifth 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 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 (the
"First Amendment "); 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 (the "Second Amendment "); 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:
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 floodplam;
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
(the "Third Amendment "); and
Fifth Amendment to the Standard Fonn
of Agreement bet%A een Owner and Engineer, Page 1
EXHIBIT a
WHEREAS, on March 1, 2016, OWNER and Engineer entered into the Fourth Amendment to the
Agreement to order for ENGINEER to perform additional engineering services, including the
modification of the construction contract documents, to include the following scope changes:
Relocate the San Jacinto Boulevard Lift Station site from the southeast corner of San
Jacinto Boulevard and Santavy Street to the northeast comer 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
(the "Fourth Amendment "); and
WHEREAS, the OWNER and Engineer desire to amend the contract again in order for
ENGINEER
to perform engineering design of required retaining walls and landscape architecture
design services for the construction of the proposed public art within the limits of the
proposed roundabout associated with the Project; and
2. to revise the Storm Sewer System B from the Project to include the storm water from
Storm Sewer System C, which shall include the revision of the detention pond to the
north of the HCFCD ditch, the revision of the outfall structure, revisions to the storm
system sizes, and revisions to proposed crossing infrastructure;
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 Fifth Amendment shall have the same meanings as in the Fourth Amendment, the Third
Amendment, the Second amendment, the First Amendment and 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. 4 and 5, which shall read as follows.
A2.02 Required Additional S'ewices
A. Upon written authorization from OWNER, ENGINEER shall:
1. Perform or provide the following additional services, tasks and /or deliverables:
TASK 4 - Roundabout Public Art Coordination, Retaining Wall Design, and
Landscape Design. ENGINEER shall
4.1 Prepare two rendered concept options for the roundabout showing form,
relation, and scale of proposed features. The OWNER will select in
Fifth Amendnent to the Standard Form
of Agreement between Owner and Engineer, Page 2
EXHIBIT a
writing one (1) concept that will be utilized by the ENGINEER for the
retaining wall and landscape design outlined in the scope below
4.2 Based on the roundabout concept selected in Task 4.1 above, design
landscaping and up to two (2) retaining walls for the display of the
chosen art sculpture. The scope for these services will include the
following:
4.2.1 Prepare hardscape plans showing hardscape layout, materials,
dimensional controls, relevant details, and specifications fot the
proposed roundabout site amenities such as signage wall
components, statue features, and flatwork; and
4.2.2 Prepare structural details for wall components and statue feature
foundation. Structural details will be in accordance with
geotechnical recommendations provided specific to the roundabout
structures.
42.3 Prepare illumination plans for the signage wall and statue feature
4.3 Coordinate with the chosen artist and the selected CONTRACTOR for
San Jacinto Boulevard Phase 1 installation and will hold a kick -off
meeting with the artist, the OWNER, and the CONTRACTOR to outline
the design outlined and approved in Task 4.2 above. Other effort related
with the installation of the public art and construction of the retaining
walls, illumination, or landscaping will be accounted for in the
Construction Phase Services outlined in the Third Amendment.
4.4 Provide deliverables.
4.4.1 Design Concepts.
4.4.1.1 Provide two (2) full size copies to the OWNER for
review and comment.
4.4.2 Retaining Wall and Landscape Design submittal (90 %).
4.4.2.1 Submit one (1) .pdf file to the OWNER for review and
continent.
4.4.2.2 Submittal shall include the following:
0 90% design plans; and
o Opinion of probable construction cost.
4.4.3 Incorporate one round of final design submittal review comments
4.4.4 Prepare die final opinion of probable construction cost.
4.4.5 Design submittal (100 %).
4.4.5.1 Submit two (2) full -size sets of plans and specifications to
the OWNER..
4.4.5.2 Submit the final opinion of probable construction cost
4.4.5.3 Submit a letter of notification to the OWNER stating
completion of the design of the Project.
4.5 Performance based upon the following schedule:
4.14.1. All work under this task will be complete within 365 days from
the Notice To Proceed,
TASK 5 —Storm Sewer System B and Detention Pond Update. ENGINEER shall
5.1 Revise easement and metes and bounds revisions.
5. 1.1 Revise metes and bounds instruments for right of way of north and
south detention ponds. (Two (2) instruments).
5.1.2 Revise drainage easement instruments along San Jacinto Boulevard
adjacent to detention pond locations. (One (1) instrument).
Fifth Amendment to the Standard Forni
of Agreement between Owner and Engineer, Page 3
EXHIBIT a
5 1.3 Revise drainage easements for storm sewer from San Jacinte
Boulevard to extent of detention pond (Approx. 300 linear feet)
(One (1) instrument)
S.2 Coordinate with property owner.
52.1 Coordinate with the property owner's representative (RR Civil
Engineering) to receive property owner approval of revised
detention pond location on north side of HCFCD Ditch.
S.3 Revise detention pond plan
5.3.1 Revise the detention pond plans based on the property owner
approved pond location.
5.3.2 Revise detention pond outfall structure to the HCFCD ditch per the
property owner approved pond locations.
5.3.2.1 Structural design of outfall structures.
5.3.2.2 Plan sheet updates.
5.3.2.3 HCFCD channel grading and sheet revisions.
5.3.2.4 Detail updates.
5.4 Revise Storm Sewer System B Design and Plan.
5.4.1 Revise Stonn Sewer System B accordingly to connect to the
proposed detention pond location north of HCFCD ditch to Storm
Sewer System C which starts within the existing San Jacinto Blvd
ROW at Cheddar's and currently drains to the intersection at Lone
Star Avenue.
5.4.2 Revisions shall include the following:
5.4.2.1 Horizontal geometrics,
5.4.2.2 Vertical adjustments based on capacity and hydraulic
requirement;
5.4.2.3 Drainage calculation revisions;
5.4.2.4 Plan and profile sheet revisions;
5.4.2.5 Lateral profile sheet revisions; and
5.4.2.6 Temporary drainage ditch revisions.
5.5. Revise HCFCD No Impact Study.
5.5.1 Revise current document and resubmit to HCFCD.
5.5.2 Update to hydraulic model to reflect detention pond update
5.6 Provide the following deliverables:
5.6.1 PDF of revised metes and bounds for identified easement and night
of way.
5.6.2 Final design deliverables will consist of the following:
5.6.2.1 PDF of revised plans to be included as part of an
addendum to the contract documents prior to the bid
opening of the project.
5.7 Attend meetings.
2.7.1 Attend meetings to discuss change in detention pond location with
OWNER and property owner.
5.8 Perform in accordance with the following schedule:
5.8.1 All work under this task will be complete within 35 days from
the 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.
Fifth Amendment to the Standard Foru
of Agreement between Owner and Engineer, Page 4
EXHIBIT a
C4.03 For Additional Services
A OWNER shall pay ENGINEER for Additional Services as follows:
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 A2.0 LA 13,
an amount based upon the actual hours worked and the rate schedule, which
is attached as Appendix I 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.
Required Acldrlional Services For required additional services pursuant to
Paragraph A2.01, OWNER shall pay ENGINEER a cost not to exceed
$266,900 upon the basis described in subparagraph I hereinabove. This
amount shall be distributed at the completion of each task in the following
amount:
TASK 1 -- Lift Station Design Revision ............. ............................... $66,000
TASK 2 — Detention Pond Design Revision ........ ............................... $50,000
TASK 3 -- CenterPoint Energy Duct Bank Plans . ............................... $74,500
TASK 4 -- Roundabout Public Art Coordination,
Retaining Wall Design, and Landscape Design ................. $35,400
TASK 5 -- Storm Sewer System B & Detention Pond Update ............ $41,000
Entire Agreement. The provisions of this Fifth Amendment, the 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 Fifth Amendment and the provisions of the Fourth
Amendment, the Third Amendment, the Second Amendment, the First Amendment or the
Agreement, the provisions of this Fifth Amendment shall control. Nothing contained in this Fifth
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
M
ATTEST:
LETICIA BRYSCH, City Clerk
Fifth Amendment to the Standard Fonn
of Agreement between Owner and Engineer. Page 5
RICHARD L. DAVIS, City Manager
EXHIBIT a
APPROVED AS TO FORM
IGNACIO RAMIREZ, SR . City Attorney
KIMLEY-1jq0,, AND ASSOCIATES, INC
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