Ordinance No. 13,173ORDINANCE NO. 13,173
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH TERRACON CONSULTANTS, INC., FOR THE JOINT 911
EMERGENCY COMMUNICATIONS AND INFORMATION DATA SERVICES
CENTER PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN
AN ADDITIONAL AMOUNT NOT TO EXCEED TEN THOUSAND SIX HUNDRED
ELEVEN AND 75/100 DOLLARS ($10,611.75); 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 Terracon Consultants, Inc., for the Joint 911 Emergency
Communications and Information Data Services Center 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 Terracon
Consultants, Inc., in an additional amount not to exceed TEN THOUSAND SIX HUNDRED ELEVEN
AND 75/100 DOLLARS ($10,611.75) 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��6
and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmativ vo e of the City Council of the City of
Baytown this the 14`h day of April, 2016.
A ST:
LETICIA BRYSCH, Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Cit A torney
H. DONCARLOS, Mayor
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Exhibit A
THIRD AMENDMENT
TO THE
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This Third Amendment ( "Amendment ") to that certain "Agreement for Professional Services"
between the City of Baytown (the "City ") and Terracon Consultants, Inc, February 23, 2015, is made by and
between the same parties on the date hereinafter last specified.
W ITNF.,SSETH:
WHEREAS, the City of Baytown ( "City ") and Terracon Consultants, Inc., ( "Professional ") did enter
into an Agreement for Professional Services associated with construction materials testing services for the
Joint 911 Emergency Communications and Information Data Services Center Project, on February 23, 2015
( "Agreement "); and
WHEREAS, the City and Professional did enter into the First Amendment to the Agreement for
Professional Services associated with certain retests for the Joint 911 Emergency Communications and
Information Data Services Center Project (the "Project "), on October 29, 2015 ( "First Amendment "); and
WHEREAS, the City and Professional did enter into the Second Amendment to the Agreement for
Professional Services associated with certain retests for the Project on November 24, 2015 ( "the Second
Amendment "); and
WHEREAS, the City desires Professional to provide additional material testing services for the
Project; and
WHEREAS, the cost of these additional services shall not exceed TEN THOUSAND SIX
HUNDRED ELEVEN AND 75/100 DOLLARS ($10,611.75); and
WHEREAS, the Professional's compensation under the Agreement shall be increased from an
amount not to exceed FORTY -FIVE THOUSAND NINE HUNDRED THIRTY -FIVE AND 75/100
DOLLARS ($45,935.75) to an amount not to exceed FIFTY -SIX THOUSAND FIVE HUNDRED FORTY -
SEVEN AND 50/100 DOLLARS ($56,547.50); and
WHEREAS, Professional desires to perform the work specified herein in accordance with the terms
and conditions contained in this Amendment and the Agreement;
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 Third Amendment shall have the same meanings as in the Agreement.
2. Amendment.
2.01 Section I "Scope of Services /Professional Fees" of the Agreement shall be amended to read
as follows:
Third Amendment to the Agreement for Professional Services, Page
Exhibit A
1. Scope of Services/Professional Fees
This Agreement authorizes Professional to perform construction materials testing services
for the Joint 911 Emergency Communications and Information Data Services Center Project
(the "Work ") for and on behalf of the City. The compensation for Professional shall be on
the basis described in Exhibit "A" and shall not exceed FIFTY -SIX THOUSAND FIVE
HUNDRED FORTY -SEVEN AND 501100 DOLLARS ($56,547.50). The time schedules
for the Work are attached as Exhibit "B." The scope of the work is as detailed in Exhibit
"C." Each of these Exhibits "A" through "C" is incorporated into this Agreement by
reference for all purposes.
2.02 Exhibit A shall be amended to read as follows:
EXHIBIT A
COMPENSATION
Services required under this Agreement shall not exceed FIFTY -SIX THOUSAND FIVE
HUNDRED FORTY -SEVEN AND 50/100 DOLLARS ($56,547.50) based upon the fee schedule specified
hereinbelow:
Service Quantity Unit Unit Rate Total
Earthwork (Building, Site Civil)
Engineering Technician
230
Hour
$47.00
$10,810.00
Engineering Technician Error in Unit Rate
16
Hour
$46.00
$736.00
Engineering Technician, OT
65.5
Hour
$70.50
$4,617.75
Nuclear Gauge
35
Day
$50.00
$1,750.00
Vehicle
42
Day
$50.00
$2,100.00
Moisture Density Relationship
13
Each
$160.00
$2,080.00
Atterberg Limits
34
Each
$50.00
$1,700.00
Lime Determination
3
Each
$350.00
$1,050.00
Random Atterberg Limits for Verification
8
Each
$50.00
$400.00
Subtotal
$25,243.75
Drilled Footing FoundationBuildin and Mechanical Courtyard
Engineering Technician
40
Hour
$47.00
$1,880.00
Engineering Technician, OT
10
Hour
$70.50
$705.00
Vehicle
7
Day
$50.00
$350.00
Cylinder Test (4 cyl /set)
20
Each
$14.00
$280.00
Subtotal
$3,215.00
Concrete for Slab on Grade, Grade Beams, Tilt up Walls, Mechanical Courtyard
Engineering Technician
96
Hour
$47.00
$4,512.00
Engineering Technician, OT
10
Hour
$70.50
$705.00
Engineering Technician — Rebar
Observation
24
Hour
$47.00
$1,128.00
Vehicle
26
Day
$50.00
$1,300.00
Cylinder Test (4 cyl /set)
68
Each
$14.00
$952.00
Subtotal
$8,597.00
Third Amendment to the Agreement for Professional Services, Page 2
Exhibit A
Service Quantity Unit Unit 1111te Total
Concrete for Parkine, Driveways and Sidewalks
Engineering Technician
40
Hour
$47.00
$1,880.00
Vehicle
10
Day
$50.00
$500.00
Cylinder Test (4 cyl /set)
20
Each
$14.00
$280.00
Subtotal
$2,660.00
Concrete
Engineering Technician
61
Hour
$47.00
$2,867.00
Engineering Technician, OT
4
Hour
$70.50
$282.00
Vehicle
13
Day
$50.00
$650.00
Cylinder Tcst (4 cyl /set)
45
Each
$14.00
$630.00
Subtotal
$4,429.00
Bolted and Welded Connection
Certified Welding Inspector
60
Hour
$85.00
$5,100.00
Vehicle Charge
10
Day
$50.00
$500.00
Subtotal
$5,600.00
Project Manneement
Project Report, Consultation, Meetings
and Administration
9
flour
$175.00
$1,575.00
Project Report, Consultation, Meetings
and Administration
5
Hour
$165.00
$825.00
Project Report, Consultation, Meetings
and Administration
1.75
Hour
$173.00
$302.75
Subtotal
$2,702.75
Additional Services
Subcontractor Sampling
1
Lum Sum
$1,000.00
$1,000.00
Site Representative
8
Hour
$75.00
$600.00
Atterberg Limits
24
Each
$50.00
$1,200.00
-200 Sieve Analysis
24
Each
$25.00
$600.00
Project Report, consultation, Meetings and
Administration
4
Hour
$175.00
$700.00
Subtotal
$4,100.00
TOTAL NOT TO EXCEED
$56,547.50
Additional Services
Professional will perform additional services, if any, at a price agreed upon by the parties in writing
prior to the performance of such services. City shall not be responsible or liable for any additional services
performed by the Professional unless such additional services have been approved in writing prior to the
performance of the same.
Third Amendment to the Agreement for Professional Services, Pagc 3
Exhibit A
2.03 Exhibit C, Section B "Scope of Services" shall be amended to read as follows:
EXHIBIT C
SCOPE OF WORT{
B. SCOPE OF SERVICES
Basic Services:
Professional shall provide the following scope of set-vices on a call -out basis, as
scheduled by a representative designated by the City of Baytown:
Eartliworlc Testing:
a. Sample subgrade, baclsll, select fill and treated materials.
b. Prepare and test the samples for the Atterberg Limits Test and moisture
density relationship.
C. Obtain samples of the paving subgrade for lime determination.
d. Perform field gradations tests on the lime- treated subgrade.
e. Obtain random samples of the select fill during pad construction to
determine plasticity index.
f. Observe proofrolling of pavement and building subgrade and perform
field density tests using the nuclear method to determine the moisture
content and percent compaction of the soils.
g. Perform retests for the Atterberg Limits, moisture density and field density
necessary for any failing earthwork testing performed, including the
services described in La — l .f of this section.
Drilled and Under - Reamed Footings:
a. Observe the installation of the drilled underreamed footing foundation.
b. Record auger and belling tool dimensions and bottom condition.
C. Document the number, size, and length of vertical reinforcing bars used for
piers.
d. Obtain pocket penetrometer readings on soil cuttings removed during
excavation at or near the bearing stratum.
e. Sample the fresh concrete, preform Slump, air content, concrete
temperature, and cast test specimens during placements.
f. Perform compressive tests of concrete test cylinders cast in the field.
Cast -in -Place Concrete:
a. Observe and document reinforcing steel configuration.
b. Sample the fresh concrete for each mix, perform required tests, including
slump, air content, concrete temperature, and cast test specimens during
placements.
C. Perform compressive tests of concrete test cylinders cast in the field.
4. Concrete Pavement and Concrete for Utilities:
a. Sample the fresh concrete for each mix, perform required tests, including
slump, air content, concrete temperature, and cast test specimens during
placements.
b. Perforin compressive tests of concrete test cylinders cast in the field.
Third Amendment to the Agreement for Professional Services. Page 4
Exhibit A
C. Perform additional cylinder tests as necessary clue to retesting
and /or site cancellations.
5. Concrete:
a. Sample the fresh concrete for each mix, perform required tests, including
slump, air content, concrete temperature, and cast test specimens during
placements.
b. Perform compressive tests of concrete test cylinders cast in the field.
6. Welded and Bolted Framing Connections:
a. Provide a certified welding inspector (CWI) at the job site to observe
field welding procedures and visually check bolted /wcldecl connections
and roof deck puddle welds, in accordance with applicable AiSC and
AWS specifications and Contract Documents.
Project Management:
a. Attend meetings as requested by the City.
b. Coordinate field and laboratory testing.
C. Review concrete mixes if requested by the City.
d. Communicate with Professional's field technicians, the City's contractor
and the City's site representative.
C. Review laboratory and field test reports.
f. Control the budget and invoice.
g. Perform additional services related to the retesting and /or site cancellations.
h. Perform additional set-vices related to the testing of fill placed at the permit
of the Project's building, including a report of the test results.
Additional Services:
The City shall not be responsible or liable for any additional services performed by
the Professional unless such additional services have been approved in writing prior
to the performance of the same. Professional will perform additional services at a price
agreed upon by the parties in writing prior to the performance of such services.
Additional services for which Professional shall perform or cause to be performed and
which are authorized in the Second Amendment include testing the fill placed at
the perimeter of the Project's building, which shall entail:
1. Utilize a coring rig (subcontractor) to obtain samples of fill at four
locations at the perimeter of the Project's building. The locations will be
selected and agreed upon by the City's architect, the City's contractor and
representatives of City.
2. Obtain samples of fill at each location at one -foot intervals to a maximum
depth of six feet.
3. Test the samples for Atterberg Limits and -200 sieve analysis, and
4. Submit a report to the City.
5. Perform additional services related to the testing of fill placed at the permit
of the Project's building, including a report of the test results.
3. Entire Agreement. The provisions of this Third Amendment and the provisions of 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
Third Amendment to the Agreement for Professional Services, Page 5
Exhibit A
of this Third Amendment and the provisions of the Second Amendment, the First Amendment
and /or the Agreement, the provisions of this Third Amendment shall control. Nothing contained
in this Third Amendment shall be construed in any way to limit or to waive the City's sovereign
immunity.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple copies,
each of which shall be deemed to be an original, but all of which shall constitute but one and the same
amendment, this day of , 2016, the date of execution by the City
Manager.
CITY OF BAYTOWN
By:
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM°
IGNAClO RAMIREZ, SR., City Attorney
TERRACON CONSULTANTS, INC.
i
(Signature)
Noosk. s,,#--
(Printed Name)
(Title)
ATTF,ST:
S cretary
It \ Karen \Files \Engineering\Engineermg Agreements\rerracon \91 I Center\'IhirdAmendment doc
Third Amendment to the Agreement for Professional Services, Page 6