Ordinance No. 13,375ORDINANCE NO. 13,375
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH BUSCH, HUTCHISON AND ASSOCIATES, INC., DB /A
HUTCHISON AND ASSOCIATES FOR THE HUNT ROAD EXTENSION EAST OF
GARTH ROAD PROJECT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN ADDITIONAL AMOUNT NOT TO EXCEED ONE HUNDRED
SEVENTY -FIVE THOUSAND FIVE HUNDRED NINETY -FIVE AND NO1100
DOLLARS ($175,595.00); 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 l: 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 First Amendment to the
Professional Services Agreement with Busch, Hutchison and Associates, Inc., d/b /a Hutchison and
Associates for the Hunt Road Extension East of Garth Road 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 Busch,
Hutchison and Associates, Inc., d/b /a Hutchison and Associates in an amount not to exceed ONE
HUNDRED SEVENTY -FIVE THOUSAND FIVE HUNDRED NINETY -FIVE AND NO.' 100
DOLLARS ($175,595.00) for professional services in accordance with the amendment authorized in
Section 1 hereinabove.
Section 3: This ordinance shall take effect immediately
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative
Baytown this the 8fl' day of December, 2016.
ATTE :
L TICIA BRYSCH, Cit k
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., City tt rney
and after its passage by the
the City Council of the City of
dcobfs0IUcgahKarenTiles +City CounciLOrdinances\2016 ',December 8%• 1stAmendment 2BHA4HuntRoad Extension EastotGarthRoadProject .doc
Exhibit "A"
FIRST AMENDMENT
TO THE
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment ( "First Amendment ") to the Standard Form of Agreement between the
City of Baytown and Busch, Hutchison and Associates, Inc., d/b /a Hutchison & Associates, dated
April 28, 2016, 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 Hunt Road Improvements
east of Garth Road from the existing boulevard end to the rear of the retail property site (the
"Project").
WITNESSETH:
WHEREAS, the City of Baytown ( "OWNER ") and Busch, Hutchison and Associates, Inc., d/b /a
Hutchison & Associates„ ( "ENGINEER ") did enter into an Engineering Services Agreement, dated
April 28, 2016 ( "Agreement "); and
WHEREAS, OWNER desires to change the original storm drain route which was blocked by
three (3) pipelines and to add approximately 730 feet of concrete boulevard on Hunt Road; and
WHEREAS, these desired changes will require the ENGINEER to design (i) the box culvert
extension to get to the outfall point on the east side of Garth Road at the Mall Ditch and (ii) the concrete
boulevard to the east line of the Grube Tract; and
WHEREAS, the ENGINEER desires to perform these services under the terms and conditions
specified herein;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
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 1.01 "Design Phase" is hereby amended to
add new subsections numbered A.1.0l.A.9.h through j, which shall read as follows:
A1.01 Design Phase
A. ENGINEER shall:
First Amendment to the Standard Form
of Agreement between Owner and Engine er, Page I
9. Perform or provide all final Design Phase tasks or deliverables in order to
have a complete design for the ultimate road construction, including the
storm sewers, traffic signals, sanitary sewer, water main and detention ponds,
and including, but not limited to, the following improvements to Hunt Road:
h. Road and Box Culvert Construction: The box culvert design change will
route the storm sewer along the east and north side of the Kohl's
detention pond and along the west side of the detention pond that serves
the Park at Independence Bend. The box will then be placed under the
outside lane of Independence Boulevard to the box culvert that flows
under Garth Road at the Mall Ditch. The concrete boulevard section will
be designed to extend to the east line of the Grube Tract. This will
include adding a 5- foot -wide sidewalk on the north side of the road and a
10- foot -wide sidewalk on the south side.
i. Utilities: Potable water and sanitary sewer extensions will be designed to
extend these utilities along with the boulevard construction.
j. Right of Way: ENGINEER will provide the surveying, including a
topography survey, and mapping documents for the needed right -of -way
for the remainder of Hunt Road to the intersection with North Main
Street.
b. Exhibit "C" "Payments to ENGINEER for services and Reimbursable Expenses" Section
C4.01 "For Basic Services having a Determined Scope — Cost not to Exceed Method of
Payment" 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:
I . (Modified) A cost not to exceed amount of $175.595.00, based upon the rate
schedule, which is attached as Appendix 1 of Exhibit C and incorporated
herein for all intents and purposes. This amount include those ENGINEER'S
Consultant's charges and reimbursable expenses, and will be distributed at
the completion of each phase in the following amount:
a. Design Phase
Right -of -way Surveying .............................. ............................... $3,500.00
Topography Survey ..................................... ............................... $2,500.00
Roadway, on -site drainage and utility design drawings, including
specifications and bid packages for four -lane boulevard
section................................................. ............................... $135,676.00
Street lighting coordination/design w /CenterPoint. .... $1,500.00
Storm Water PPP for Roadway Design ................ $1,500.00
Surveying — Control Points ............ ..............................$ 500.00
Surveying — Temporary Bench Marks ........................$ 500.00
b. Bid Phase ................................................... ............................... $16,959.50
c. Construction Phase .................................... ............................... $16,959.50
First Amendment to the Standard Form
of Agreement between Owner and Enj6ncer, Page 2
3. Entire Agreement. The provisions of this 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 First Amendment and the provisions of the
Agreement, the provisions of this First Amendment shall control. Nothing contained in this First
Amendment or in the Agreement 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:
TGNACTO RAMIREZ, SR., City Attorney
BUSCH, HUTCHISON AND ASSOCIATES,
INC., DB /A HUTCHISON & ASSOCIATES
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First Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 3
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First Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 4
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loft
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
i Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2016 - 139605
Busch Hutchison & Associates, Inc.
Baytown, TX United States
Date Filed:
11122/2016
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Baytown
Date Acknowledged:
g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
Hunt Road East
Engineering Services
4
Nature of interest
Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
Intermediary
Gainer, Dana
Baytown, TX United States
X
Gainer, Jerry
Baytown, TX United States
X
S Check only if there is NO Interested Party. ❑
6 AFFIDAVIT
I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
LINDA L NEWSTED y Public . State of Texas
,
Commission Expires / 'i/`
March 10, 2019 Ignature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said ( , this the ��_ day of r
20.1 to certify which, witness my hand and seal of office
L Ada L bl
�dmintaistenng �oathPrintecl
S name of officer administering oath Title of officer dmrnlstering oath
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