Ordinance No. 13,718ORDINANCE NO. 13,718
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE SECOND AMENDMENT TO TTIE PROFESSIONAL
SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR
THE SAN JACINTO BOULEVARD PHASE 11 PROJECT; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED
EIGHTEEN THOUSAND AND NO`100 DOLLARS ($18,000.00); 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 Acting City Manager to execute and the City Clerk to attest to the Second Amendment to the
Professional Services Agreement with Kimley-Hom and Associates, Inc., for the San Jacinto Boulevard
Phase 11 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-
Hom and Associates, Inc., in an amount not to exceed EIGHTEEN THOUSAND AND NO/100
DOLLARS ($18,000.00) for professional services in accordance with the amendment authorized in
Section 1 hereinabove.
Section 3: This ordinance shall take effect immediatelyfrr and after its passage by the
City Council of the City of Baytown. ?/
INTRODUCED, READ and PASSED by the affirmative ve of the City Council of the City of
Baytown this the 22"a day of March, 2018. / -
ATTES
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
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JQ&ACIO RAMIREZ, SR., City orney
H. DONCARLOS, Mayor
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EXHIBIT A
SECOND AMENDMENT
TO THE
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This Second Amendment ("Second Amendment") to the Standard Form of Agreement between
the City of Baytown and Kimley-Horn and Associates, Inc., dated April 18, 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 San Jacinto Boulevard Phase II Project (the
"Project").
WITNESSETH:
WHEREAS, the City of Baytown ("OWNER") and Kimley-Horn and Associates, Inc.,
("ENGINEER") did enter into an Engineering Services Agreement, dated April 18, 2016 ("Agreement");
and
WHEREAS, as part of the Agreement, ENGINEER is required to provide final roadway design
services necessary for the construction of the Project; and
WHEREAS, OWNER and ENGINEER entered into the First Amendment on or about
November 3, 2016, (i) to update the San Jacinto Boulevard Phase II storm sewer design and detention
pond design to relocate the pond to the west side of the proposed roadway and (ii) to replace the 30 -inch
water line in Cedar Bayou Lynchburg Road in the area of the proposed roadway intersection; and
WHEREAS, OWNER desires to revise the depth of topsoil to be placed in the landscape areas of
the medians of the project area and to add the installation of two flagpoles at the intersection of San
Jacinto Boulevard and IH -10; and
WHEREAS, ENGINEER desires to perform such 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 Second Amendment shall have the same meanings as in the First Amendment and the
Agreement.
Amendments
a. Exhibit "A" "Engineer's Services" Section 1.02 "Final Design Phase," Subsection A.9,
Task 6 "Final Design," is hereby amended to add subsections 6.77 and 6.78, which shall
read as follows:
Second Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 1
A 1.02 Final Design Phase
A. Upon written authorization from OWNER, ENGINEER shall:
9. Perform or provide the following additional Design Phase tasks or
deliverables:
Task 6: Final Design
6.77 Landscape Plan, Specification, and Detail Revisions
o ENGINEER shall revise the final design in order to
accommodate the OWNER'S desire regarding the depth of
topsoil to be placed in landscape areas of the medians of the
San Jacinto Boulevard. Specifically, ENGINEER shall
revise the final design to include the following:
■ Planting beds = 12" planting mix,
■ Tree pits = 12" planting Mix 3x the rootball +24"
topsoil, and
■
Sod= 12" topsoil.
ENGINEER'S services associated with this task include, but
are not limited to the following:
■ Meet and coordinate with OWNER regarding a
revised direction for change order;
■ Create a color -coded exhibit to communicate the
selected revisions to the landscape plans to the
contractor as part of a change order for Phase I of
the San Jacinto Boulevard Project;
■ Revise the Phase II landscape plans, specifications
and details for inclusion in final bid set;
■ Create three (3) additional details to clarify intended
installation in the medians
■ Update bid quantities for both Phase I and Phase II
of the Project; and
■ Respond to comments received by OWNER; and
6.78 Flag Pole Addition at San Jacinto Boulevard and IH -10
o ENGINEER shall include its design two (2) flag poles,
which will be installed in the median at the intersection of
San Jacinto Boulevard and IH -10. This design shall be
included as a change order to Phase I of the San Jacinto
Boulevard Project. ENGINEER shall coordinate with
OWNER and OWNER'S contractor to execute a change
order to include the additional design elements.
Second Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 2
b. Exhibit "A" "Engineer's Services," Section 1.02 "Final Design Phase," Subsection B, is
hereby amended to read as follows:
A 1.02 Final Design Phase
B. (Modified) ENGINEER's services under the Final Design Phase will be
considered complete on the date when the submittals required by paragraph
A1.02.A have been delivered to and accepted by OWNER and all regulatory
authorities have approved the same. ENGINEER shall be required to perform
Final Design Phase Services within one hundred sixty-seven (167) calendar
days of completion of Task 2.
C. Exhibit "C" "Payments to ENGINEER for Services and Reimbursable Expenses," Article
.4 "Payments to the Engineer," Section C4.01 "For Basic Services having a Determined
Scope —Cost Not -to -exceed Method of Payment," Subsection A.l is hereby amended to
read as follows:
ARTICLE 4 -- PAYMENTS TO THE ENGINEER
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 $641.800.00.
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:
3. Entire Agreement. The provisions of this 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 First Amendment and the provisions
of the Agreement, the provisions of this Second 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.
Second Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 3
Surveying/Environmental Services Phase
$63,000
USACE Individual Permit Phase
$71,500
HCFCD no Impact Study Phase
$29,500
CenterPoint Energy Duct Bank Plans
$31,000
Final Design Phase
$416,000
Bidding Phase
$12,000
Construction Phase
$18,800
Total NTE
$641,800
3. Entire Agreement. The provisions of this 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 First Amendment and the provisions
of the Agreement, the provisions of this Second 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.
Second Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 3
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 , 2018, 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:
IGNACIO RAMIREZ, SR., City Attorney
KIMLEY-HORN AND ASSOCIATES, INC.
By:
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\\cobfs0l\legal\Karen\Files\Engincering\Engineering Agreements\Kimley-Hom\San Jacinto Blvd - Phase II\SecondAmendment doc
Second Amendment to the Standard Form
of Agreement between Owner and Engineer, Page 4