Ordinance No. 8,693990909 -19
ORDINANCK NO. 8693
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING AN ADDENDUM TO THE PROFESSIONAL
CONSULTANT SERVICES CONTRACT BETWEEN THE CITY OF BAYTOWN
AND LARSON DESIGN GROUP, INC., D/B /A LARSON/BURNS, INC., FOR
ENGINEERING AND LANDSCAPE ARCHITECTURAL CONSULTING
SERVICES FOR THE DEVELOPMENT OF THE GOOSE CREEK STREAM
GREENBELT PROJECT, PHASE II; AUTHORIZING PAYMENT IN THE
AMOUNT NOT TO EXCEED SIXTY THOUSAND AND NO /100 DOLLARS
($60,000.00); MAKING OTHER PROVISIONS RELATED THERETO AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown ( "Owner ") and Larson Design Group, Inc. (d/b /a
Larson/Bums Inc.), ( "Consultant ") did enter into a Professional Consultant Services Contract, on
June 16, 1997 ( "Agreement "); and
WHEREAS, the Agreement was authorized, in part, for the preparation of plans and
specifications for the construction of a 9,000 linear foot, ten foot wide, multi - purpose bicycle and
pedestrian trail along the shores of Goose Creek Stream with the goal of providing upon completion,
a non - motorized transportation option for bicyclists and pedestrians who reside within, visit, or
travel through the City of Baytown; and
WHEREAS, upon completion of construction, the project will connect Phase I of the Goose
Creek Stream Greenbelt at West Texas Avenue with Phase II of the same at Arizona Street; and
WHEREAS, the Owner desires additional services as detailed in Exhibit "A," which is
attached hereto and incorporated herein for all intents and purposes, to be performed under the terms
and conditions as specified in the Agreement;
WHEREAS, these additional services are necessary because the project scope has expanded
causing the cost to increase; and
WHEREAS, much of these increases are due to required grant (AASHTO) standards and
physical challenges along the proposed trail route, including, but not limited to, two railroad
crossings that will require canopies, two 14- foot -wide bridges and the Highway 146 service road;
and
WHEREAS, the increase is also partially attributable to the fact that the trail alignment has
changed several times as land became available; and
WHEREAS, the Consultant wishes to perform such services to meet the increased scope
® demands under such terms and conditions as contained in the Agreement at a cost not to exceed
SIXTY THOUSAND AND NO /100 DOLLARS ($60,000.00); NOW THEREFORE,
990909 -19a
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 the
execution of the Addendum to the Professional Consultant Services Contract between the City of
Baytown and Larson Design Group, Inc., d/b /a Larson/Bums, Inc., for engineering and landscape
architectural consulting services for the development of the Goose Creek Stream Greenbelt Project,
Phase Il. A copy of said Addendum is attached hereto, marked "Exhibit A," and made a part hereof
for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Larson
Design Group, Inc., d/b /a Larson/Bums, Inc., of the sum in the amount not to exceed SIXTY
THOUSAND AND NO /100 DOLLARS ($60,000.00).
Section 3: That the City Manager is hereby granted general authority to approve a
decrease or an increase in costs by FIFTEEN THOUSAND AND NO /100 DOLLARS ($15,000.00)
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 immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City
of Baytown this the 96' day of September, 1999.
ATTEST:
r
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ SR City Attorney
® CAk1hI92\ Council \Ordinances\LarsonBurnsAddendum . Ord inance
2
/,�r.�
PETE C. ALFARO, Mayor
ADDENDUM
TO THE
PROFESSIONAL CONSULTANT SERVICES CONTRACT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
LARSON DESIGN GROUP, INC.
STATE OF TEXAS §
COUNTY OF HARRIS §
This Addendum to the Professional Consultant Services Contract ( "Addendum ") between the
City of Baytown and Larson Design Group, Inc., dated June 16, 1997, is made by and between the same
parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, the City of Baytown ( "Owner ") and Larson Design Group, Inc. (d/b /a Larson/Bums
Inc.), ( "Consultant ") did enter into a Professional Consultant Services Contract, on June 16, 1997
( "Agreement "); and
WHEREAS, the Agreement was authorized, in part, , for the preparation of . plans and
specifications for the construction of a 9,000 linear foot, ten foot wide, multi- purpose bicycle and
pedestrian trail along the shores of Goose. Creek Stream with the goal of providing upon completion, a.
non-motorized. transportation option for bicyclists : and pedestrians who reside within, visit, or travel
through the City of Baytown; and
WHEREAS, upon completion of construction, the .project will connect Phase I of the Goose
Creek Stream Greenbelt at West Texas Avenue with Phase II. of the same at Arizona Street; and
WHEREAS, the Owner desires additional services. as detailed in Exhibit "A," which is attached
hereto and incorporated herein for all intents and purposes, to be performed under the terms _ and
conditions as specified in the Agreement;
WHEREAS, these additional services are necessary because the project scope has expanded
causing the cost to increase; and
WHEREAS, much of these increases are due to _required grant (AASHTO) standards and physical
challenges along the proposed trail route, including, but not limited, to two railroad crossings that will
require canopies, two 14- foot -wide bridges and the Highway 146. service road; and
WHEREAS, the increase is also partially attributable to the fact that the trail 'alignment has
changed several times as land became available; and
WHEREAS, the Consultant wishes to perform such services to meet the increased scope demands
under such terms and conditions as contained in the Agreement at a cost not to exceed SIXTY
® THOUSAND AND NO /100 DOLLARS ($60,000:00);
Addendum, Page 1
iNOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
I.
Unless a different meaning clearly appears from the context, words and phrases as used in this
Addendum shall have the same meanings as in the Agreement and the terms and conditions specified
therein shall control.
II.
The Owner and the Consultant agree that the Consultant shall provide as additional services those
items listed on Exhibit "A" at a cost, including all reimbursable expenses and .subconsultant fees, not to
exceed SIXTY THOUSAND AND N01100 DOLLARS ($60.000.00), as.detailed in such exhibit.
III.
The provisions of this Addendum and the provisions of the Agreement should be read together
and construed as one agreement, for this addendum is meant to supplement but not replace any provision
in the Agreement.
IN WITNESS WHEREOF, the parties-hereto have executed this Amendment in multiple copies,
each of which shall be deemed to bean. original, but all of which shall constitute but one and the same
amendment, this day of September, 1999.
CITY OF BAYTOWN
By:
MONTE MERCER, City Manager
ATTEST:
EILEEN P._ HALL, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR.,'City Attorney
Addendum, Page 2
Ll
Ll
LARSON DESIGN GROUP, INC., D /B /A
LARSON/BURNS, INC.
A Y 6ft�-V'
BRIAN LARSON, President
STATE OF TEXAS §
COUNTY OF I Y G� U i §
Before me, �' k! the
undersigned notary public, on this day personally appeared Brian Larson, in his capacity as P id* i of
Larson Design Group, Inc., d/b /a Larson/Bums, Inc., on behalf of such corporation,
known to me;
proved to me on the oath of ;-or
proved _ proved to me through his current I e r
{description of identification card or other document issued by the federal government or any
state government that contains the photograph and signature of the acknowledging person}
(✓ one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed that instrument for the purposes and consideration therein expr ed. .
Given under my hand and seal. of office this day 9 9.
Notary Public in and for the State of Texas
SNCRARY
Whate a TOM
CWM E41270M }.
My commission expires:
c:klh 192\ CommunityDevelopment\ LarsonBumsContract \Amendment2Agreement.LarsonBums
Addendum, Page 3
Texas Department of Transportation
P.O. BOX 1386 • HOUSTON, TEXAS 77251 -1386 • (713) 802.5000
August 30, 1999
CONTACT: DOD -CCA
Harris County
CSJ 0912 -71 -429
VA: End of Arizona St. to Decker Dr.
Mr. Scott Johnson
Superintendent of Parks
City of Baytown
P. O. Box 424
Baytown, Texas 77522 -0424
Dear Mr. Johnson:
We recently completed a review of a cost proposal for additional work that was prepared by your
project architect, Larson/Bums, Inc., and provided you with a review of the cost proposal in a
letter dated July 21, 1999. In this letter, we declined to participate in the cost of several of the
additional items of work because the architect had not provided a detailed explanation for the
extra work. In fact, it appeared in the cost proposal that the architect had purposely reallocated
some questionable tasks into those that were more easily justified and deleted the questionable
tasks entirely. Our review indicated that the cost proposal was unacceptable.
Mr. Mark D. Patterson, discussed this matter with you in a telephone conversation. He agreed to
review the cost proposal again if all of the items of work were justified in detail by the architect.
We subsequently received the attached letter dated August 13, 1999, from your architect
Larson/Bums, Inc. This is the third submittal of this cost proposal that we have received and
reviewed.
We have reviewed the architect's explanation of the extra work items and agree that these tasks
were outside the original project scope of work and justify additional reimbursement for the
architect. We agree that the cost for the various tasks seem fair and reasonable. We request that
you execute a supplemental agreement with Larson/Bums, Inc., to cover this additional scope of
work at your earliest convenience. We request that you provide us with a fully executed copy of
the supplemental agreement. When we have received the supplemental agreement, we will set
up this contract to provide for additional reimbursement to the City of Baytown, with our
Accounting Section.
EUIBIT A
An Equal Opportunity Employer
® Mr. Scott Johnson
August 30, 1999
Page 2
We are concerned that much of the work in the cost proposal is for items of work that have
occurred sometime in the past. While we agree that the costs are justified, we are concerned that
the work has already been performed and that we are being asked to participate in costs, after the
fact. It is our usual policy to have the professional service provider submit a cost proposal in
advance of performing the work. In fact, Section 2.6 of the Larson/Bums contract, states that
"Consultant shall not proceed with Additional Services until the appropriate written
authorization from Owner has been acquired." We caution both you and Larsen Burns not to let
this situation reoccur. We may decline to participate in any costs for tasks that we have not
approved in advance. Finally, if you do anticipate any extra work, we would appreciate your
providing the necessary justification. We do not have the staff time to be providing three
separate reviews of cost proposals.
Please contact Mr. Mark D. Patterson, P.E., at (713) 802 -5506, should you have any questions
concerning this matter.
Sincerely,
J
Elvia R. Cardinal, P.E.
Director of Consultant
Contract Administration
Houston District
MDP:sgd
Attachments
cc: Mr. Mark D. Patterson, P.E.
Mr. Brian J. Larson, Larson/Bums, Inc.
I
• +^�� � V'`'ii .<.. iA
T�c DOT �� muslin, Texas
RECEIVED 78701
D-%A , 512.476.1659
AUG 1 81999 Fax 476.8128
HOUSTON DISTa1GT
FAX TRANSMITTAL
To: MARK D. PATTERSON, P.E.
Texas Department of Transportation
Post Office Box 1386.
Houston, Texas 77251-1386
Fax: 713.802.5640 Number of Pages: 6
From: Brian J. Larson
Larson/Bums, Inc.
Date: August 13,-"1999
PROJECT; GOOSE CREEK STREAM GREENBELT PHASE III
BAYTOWN, TEXAS
RE: ADDITIONAL SERVICES
Attached, please find an additional services summary which provides a more
detailed explanation justifying the task outlined in our May 20, 1999 cost
proposal.
Please refer to the cost proposal dated May 20, 1999 for a breakdown of the
hours per task.
I apologize for the confusion due to our misunderstanding of your original
request and trust this new information meets with your approval.
Please call me at 512.476.1559 if you have any questions or need additional
information.
Respectfully submitted,
Larson/Burns, Inc.
Brian Larson
® President
CC: Scott Johnson, City of Baytown, Fax: 281.420.5847
J
cam' rn Q `�, pq
®1
!i a lacy
® Goose Creek Greenbelt Phase III
Additional Services
- (Reference cost proposal date 5/20/99 for hourly breakdown)
Date: August 12, 1999 Prepared by: Larson /Burns, Inc.
Item #1 Investigate alternate trail alignment
Trail segment between City Service Center and Texas Avenue.
The approved alignment of the hike and bike trail in the design phase called for the trail to
be located parallel to the northern RR tracks and cross Market Street near the City
Service Center. From that point the trail entered the Airhart tract, directly crossed the
large drainage swale and connected to the south end of Laredo Street. The City was
considering the purchase of the Baytown Rental property and directed Larson /Burns to
investigate the potential of realigning the trail to the east of Baytown rental, parallel to the
creek. In addition, Larson /Burns was directed to investigate the potential of continuing
the trail along the shoreline north of Market Street and connecting to Texas Avenue near
the existing vehicular bridge. Another option Larson /Burns investigated was continuing
the trail north of Texas Avenue and connection to the existing Phase One trail.
Additional Services:
1. Site visit to determine possibility and viability of passing under the northern set of
tracks and under the western side of Market Street, continuing along the
shoreline and extending past Texas Avenue.
2. Prepared revised plan alternatives of the potential alignment changes.
Item #2 Alignment review meeting with owner
Trail segment between City Service Center and Texas Avenue
Additional Services
1. Revised alignment review meeting in Baytown with client.
#3 Revise bridge drawings
Additional Services: In review meetings that were attended by Larson /Burns, City of
Baytown and TxDOT, information was made available about reducing the overall cost of
the project through a TxDOT waiver process to vary the AASHTO standards. Also
TxDOT pointed out an opportunity to reduce overall cost of construction by preparing a
waive for reducing the bridge from 14' width to 10' width. The City of Baytown directed
Larson /Burns to prepare the waiver requests in an effort to reduce the cost of the overall
project.
1. A waiver from 14 foot wide bridges to 10 foot wide bridges was prepared.
2. Bridges were revised from two at 14'x 30' to one at 14'x 65, and one at 14'x 80'
when the waiver to 10 foot wide bridges was denied by TxDOT.
3. TxDOT requested the consultant prepare a "scour analysis" for each bridge.
Larson /Burns, Inc. 1 108 West Avenue Austin, Texas 78701 512.476.1559
® #4 Prepare RR Exhibits
Additional Services:
1. Based-on the approved revised alignment of trail along shoreline behind Baytown
Rental, the at -grade RR crossing at Market Street was deleted and new rail road
exhibits for the northern underpass were prepared for approval by the Union
Pacific Rail Road.
#5 Revise RR Exhibits
Additional Services:
1. TxDOT initiated a meeting with City of Baytown, the Union Pacific RR and
Larson /Burns to identify Union Pacific RR concerns regarding both the at -grade
and underpass crossings.
2. Larson /Burns was directed to revise two RR exhibits per Union Pacific Rail road
comments and resubmitted for approval.
#6 Revise design details and sections
Additional Services:
1. Revise "trail cross sections and details" for the amended alignment between the
northern RR bridge and Laredo Street including the underpass at the Market Street
Bridge.
2. Revise "plan and profile sheets" for the amended alignment between the northern
RR bridge and Laredo Street including the underpass at the Market Street Bridge.
3. Revise plan and stripping plans for this segment of the trail system.
4. Prepare additional design plans for trail extension north of Texas Avenue.
97 Prepare Service Road Plans
Additional Services:
1. In review meetings that were attended by Larson /Burns, City of Baytown and TxDOT,
information was made available about reducing the overall cost of the project through
a TOOT waiver process. TOOT pointed out an opportunity to reduce overall cost of
construction by relocating the trail to one lane of the Hwy 146 service drive between
Arizona Street and Main Street. The City of Baytown directed Larson /Burns to
prepare the waiver requests in an effort to reduce the cost of the overall project.
2. The waiver requests for taking one lane of the service drive for the trail was not
approved by TOOT without the addition of a replacement lane west of the trail.
Larson /Burns was directed to revise design details and sections to include an
additional service lane between Arizona and Main Street and relocate the trail to the
east lane of the service drive.
The revisions included the following:
a. Preparation of an additional traffic control plan for the construction of the
additional lane,
b. Revise the cross sections to reflect the relocation of the trail and
additional service lane and barriers.
C. Revise the plan and profile drawings to reflect the relocation of the trail
® and additional service lane and barriers,
d. Revise the stripping and signage sheets,
2
Larson /Burns, Inc. 1108 West Avenue Austin, Texas 78701 512.476.1559
0 #8 Coordinate scour analysis with civil
Additional Services:
1. Coordinated with the civil engineer regarding the TxDOT's requirement for "scour
analysis" at both pedestrian bridges:
#9 Prepare 404 permit
Additional Services: "Environmental assessments as required by the owner" (2.6.12)
and "Meetings with all appropriate regulatory agencies, other than those listed in
the Basic Services, having control over the project and prepare drawings and
documentation required of such agencies" (2.6.11) are identified in the Additional
Services section of the contract.
Additional services to prepare the 404 Pennit include:
1. Prepare drawings for the permit application, text information and the permit
package as directed by TxDOT.
#10 Meeting with Corps of Engineers
Additional Services:
Attend meeting in Houston with representatives from the City of Baytown, TxDOT
and the Galveston Bay Association on 2/8199 per TxDOT's request for the 404
Permit review.
#11 Meeting with TPWD
Additional Services:
Attend meeting in Galveston with representatives from the City of Baytown,
TxDOT, Texas Parks and Recreation Department, and the Galveston Bay
Association on 2117/99 per TxDOT's request for the 404 permit review.
#12 Meeting with Galveston Bay Association
Additional Services:
Attended meeting in Baytown with representatives from the City of Baytown,
TxDOT and the Galveston Bay Association on 2122/99 for the 404 permit.
#13 Additional Meeting in Baytown
Additional Services:
1. To gain approval from The Galveston Bay Association, and Texas Parks and
Wildlife Department, it was determined that the trail should be re- aligned to avoid
trash - filled lowlands that could be restored into viable wetlands. From the re-
designed plans prepared by Larson /Burns, the permit was awarded.
2. Site visit to evaluate staking of trail by surveyors and modify trail drawings
® accordingly.
3
Larson /Burns, Inc. 1108 West Avenue Austin, Texas 78701 512.476.1559
C
#14 Coordinate with surveyor for additional services
Additional Services:
1. Site visit and -meeting with surveyors to determine possibility and viability of
passing under the northern set of RR tracks.
2. Determine surveyor scope of work and limits of survey for additional survey work.
3. Coordinated additional surveying effort and base map updating with surveyor.
(2.6.15)
#15 Prepare cost for additional items
Additional Services:
1. Prepare cost analysis for additional RR bridge underpass and trail relocation
between the rail road bridges due to environmental concerns identified in 404
Permit.
2. Prepare cost analysis for service lane/trail revisions between Arizona Street and
Main Street.
3. Prepare cost analysis for realigned trail under Market Street, through Airhart tract,
and connection to south end of Laredo Street.
#16 Coordinate with civil engineer for additional services
Additional Services:
Coordinate additional services for civil and structural engineers for scour analysis,
canopy engineering for additional RR underpass and new underpass at Market
Street.
Coordinated additional services for structural on revised pedestrian bridges.
#17 Design RR Canopies
Additional Services:
Revise the protective canopy design to include a complex retractable canopy
system and extend canopy to full width of the rail road ROW. Coordinate
structural requirements with engineer.
#18 Incorporate revisions into contract documents
Additional Services:
Revise 21 plan and profile sheets to incorporate all the approved design revisions
listed above into 60% complete construction documents.
4
Larson /Burns, Inc. 1108 West Avenue Austin, Texas 78701 512.476.1559
LARSONBURNS, INC.
GOOSE CREEK STREAM GREENBELT, PRASE III
Additional
Services
May 20;1999
Estimated Time in Manhours
Work Categories
Principal
Associate
Professional
Stair
Phase Three: Construction Documents
Additional Services
Investigate alternate trail alignment
24
0
0
Alignment review meeting with Owner
8
8
0
Revise bridge drawings
40
8
0
Prepare RR Exhibits
32
4
0
Revise RR Exhibits
24
13
0
Revise design details and sections
60
16
0
Prepare service road plans
20
12
0
Coordinate scour analysis with civil
12
4
4
Prepare 404 Permit
60
10
0
Meeting with Corps of Engineers
12
0
0
Meeting with TPWD
12
0
0
Meeting with Galveston Bay Assoc.
12
0
4
Additional meeting with Baytown
24
8
0
Coord. with surveyor for add services
24
0
8
Prepare cost for additional items
48
8
0
Coordinate with civil for add services
24
4
4
Design RR canopies
40
8
0
Incorporate revisions into contract
44
12
30
SUBTOTAL for Additional Services
D/DUADDLAIL W K4
KI
520 115 50
Technical Clerical
0
0
0
0
0
0
0
0
0
0
0
0
0
0
18
0
0
24
42
0
0
0
0
0
0
0
0
0
0
0
0
0
3
5
5
0
4
17
LARSON /BURNS, INC.
GOOSE CREEK STREAM GREENBELT, PHASE III
May 20, 1999
Additional Services
Total Cost Breakdoi-m
C�assifcation
Iiours
Rate
Cost.
Principal
520
$24.00
$12,480.00
Associate
115
$15.62
$1,796.30
Professional Staff
50
$16.85
$842.50
Technical /CADD
42
$12.50
$525.00
Clerical
17
$9.04
$153.68
Subtotal
744
$15,797.48
Dvuunnncosr.wxa
v
ATTACHM. ENT 'D'
LARSON /BURNS, INC.
GOOSE CREEK STREAM GREENBELT, PHASE III
May 20, 1999
Additional Services
Summary of Costs: Consultant
Huurs pir I xwr 9�'hd �I .0 1 i�te ee ) Total
Additional Service 744 $15,797 $25,275 $4,929 $46,000
i -i-rect Cnsts. Units aantity Costs
Additional Services - Gebhard /Sauna
Larson/Burns, Inc. Reimbursable Expenses
Reproduction total
Mileage (4 trips) miles
Materials & Supplies total
Mailing and Tcleco munication total
Total Direct Costs
TOTAL ADDITIONAL SERVICES COSTS
1250 $0.28
Summary of Additional Services Costs
Larson/Burns, Inc. $46,000
Gebhard/Sarma $13,100
Reimbursable Expenses Vm
Total Project $60,000
TOW-1
$13,100
$400
$350
$150
$0
$14,000
$60,000
0/eun0DSU,M M.WK4