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Ordinance No. 9,566ORDINANCE NO. 9566 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING ADDENDUM NO. 2 TO THE PROFESSIONAL CONSULTANT SERVICES CONTRACT BETWEEN THE CITY OF BAYTOWN AND LARSON DESIGN GROUP, INC., DB /A LARSON/BURNS, INC., FOR ENGINEERING AND LANDSCAPE ARCHITECTURAL CONSULTING SERVICES F OR T HE D EVELOPMENT O F T HE GOOSE CREEK STREAM GREENBELT PROJECT, PHASE III; AUTHORIZING PAYMENT IN THE AMOUNT NOT TO EXCEED TWENTY -FOUR THOUSAND SIX HUNDRED FIFTEEN AND 16/100 DOLLARS ($24,615.16); 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, such Agreement was amended on the 15th day of September, 1999, via an Addendum (the "Addendum No. I"); 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; and WHEREAS, these additional services are necessary to complete the Project; 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 and Addenda at a cost not to exceed TWENTY -FOUR THOUSAND SIX HUNDRED FIFTEEN AND 16/100 DOLLARS ($24,615.16); NOW THEREFORE, 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 III. A copy of said Addendum is attached hereto, marked "Exhibit A," and made a part hereof for all intents and purposes. n U Section 2: That the City Council of the City of Baytown authorizes payment to Larson Design Group, Inc., d/b /a Larson/Bums, Inc., in an amount not to exceed TWENTY -FOUR SIX HUNDRED FIFTEEN AND 16 /100 DOLLARS ($24,615.16). Section 3: That the City Manager is hereby granted g eneral a uthority t o a pprove a decrease or an increase in costs by TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00) 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 bythe 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 22nd day of May, 2003. ATTEST: �L_Zv� s GAAY W. SI•�AlI , City Clerk APPROVED AS TO FORM: FAKarenTileslCity Council\ OrdinancesM- arsonBurnsAddendumNo2 .Ordinance.doc PETE C. ALFARO, Mayor • ADDENDUM NO.2 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 No. 2 to the Professional Consultant Services Contract ( "Addendum No. 2 ") between the City of Baytown and Larson Design Group, Inc., dated June 16, 1997, and amended on September 15, 1999, 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, such Agreement was amended on the 156 day of September, 1999, via an Addendum (the "Addendum No. 1 "; 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 tenors and conditions as specified in the Agreement; and WHEREAS, these additional services are necessary to complete the Project; 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 and Addenda at a cost not to exceed TWENTY -FOUR THOUSAND SIX HUNDRED FIFTEEN AND 16/100 DOLLARS ($24,615.16); NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby mutually agree as follows: Addendum Page 1 04lll1 Unless a different meaning clearly appears from the context, words and phrases as used in this g Y PP P 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 TWENTY -FOUR THOUSAND SIX HUNDRED FIFTEEN AND 16 /100 DOLLARS ($24,615.16), as detailed in such exhibit. IIY. The provisions of this Addendum and the provisions of the Agreement and Addendum No. 1 should be read together and construed as one agreement, for this addendum is meant to supplement but not replace any provision in the Agreement or Addendum No. 1. 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 May, 2003. CITY OF BAYTOWN By: GARY JACKSON, City Manager ATTEST: GARY W. SMITH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney LARSON DESIGN GROUP, INC., DB /A LARSONBURNS, IN . By: BRIAN L SON, President Addendum, Page 2 • r: STATE OF TEXAS COUNTY OF at vt � § 2e/undzersigned Before me, li'��.1,��'0 �� "; notary public, on this day personally appeared Brian Larson, in his capacity as President of Larson Design Group, Inc., d/b /a Larson/Burns, Inc., on behalf of such corporation, known to me; proved to me on the oath of or proved to me through his current L- (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) (check 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 consider11ation therein expressed. Given under my hand and seal of office this /of 2�,/ 22003. �aJ otary Public in and for the State OF 'w(! '• •''0'b My commission z expires: % B '/� FAKaren\Files\Community Development\Lmon Bums Con tract\2ndAddendum2Agreenxnt .tarsonBums.doc Addendum Page 3 ATTACHMENT ' D' LARSON/BURNS, INC. GOOSE CREEK STREAM GREENBELT, PHASE III Additional Consulting Services A. Labor by Function Code 1. Prepare sections for modular retaining walls 2. Constriction scour .3. Cost estimate funding formatting 4. Prepare additional wall, RR canopies and bridge 5. Contribute to update of environmental report 6. Incorporate civil and structural revisions into con 7. Revise drawing Index April 2, 2004 Estimated Time in Man-hours Principal Engineer Professional Classification Staff 60.0 42.0 32.0 15.0 32.0 16.0 36.0 7.0 22.0 12.0 12.0 12.0 12.0 4.0 5.0 8.0 4.0 12.0 2.0 2.0 21.0 RS�, 'OTALT 'wt`5rFT77;V_1F_...& -:V E-RS MQU 120 01„ A. Labor Cost by Function Classification Hours Raw Rate Cost Principal 145,0 $24.00 $3,480.00 Engineer 103.0 $26-00 $2,678.00 Professional Staff 120,0 $16.85 $2,022.00 -,Subtotal 368.0 $8,180.00 B. Summary of Costs Services Hours Dir. Labor Ovhd 1.60) 'fixed Fee(. 12 Total Additional Services. Consultant 368.0 $8,180.00 $13,088,00 $2,552.16 $23,820.16 Direct Cost - Reimbursable Expenses Reproduction total $500.00 Mileage (2 trips) miles 643 $0.28 $180.00 Materials & Supplies total $90.00 Mailing and Telecommunication total $25.00 Total Direct Costs $795.00 . . . . . . . . ..... T rp, I " , " . -: -� - _T _7 "72 6=M16 '®ry'l� 'X6 "T" �R p.IaAyTowN%AoLR+� WSkmm2_02APRR�IOD3 W1(4 Description of Additional Services LarsonBurns, Inc Goose Creek Stream Greenbelt, Phase III April 2, 2003 1. Borings: Coordinate additional information for seventy-five foot boring depths for bridge abutments, (Two borings) 2. Prepare sections and elevations for retaining wall: Prepare additional modular retaining wall plan and profile sheets per comments at 96% for the revised trail location between Arizona Street and Main Street. 3. Prepare Constriction analysis: After meeting with drainage review in Austin, the scour analysis was determined to be incomplete without also including a constriction scour analysis for the fill area adjacent to the bridge abutment for the north bridge. Coordinate constriction analysis. 4. Cost estimate format: TxDOT requires that the cost estimate be divided between the two funding mechanisms, and determine the location along the trail that would denote the limits of each grant. 5. Utility meetings: Attend additional utility meetings to be attended by utility providers for Baytown such that each provider can "air' their concerns prior to construction. 6. Environmental Report Update: Revisions to the environmental report for maintaining the 404 permit presently in place. 7. Prepare additional sections: Prepare sections for unique conditions 8. Coordinate with civil engineer for add services 9. Coordinate with structural engineer for add services 10. Revise Index and drawing package layout to follow current Index layout required by Austin 11, Revise Traffic Control Plans to adhere to MUTCD 2003 guidelines 0 PBaytownfadmin/add services summary 02April 2003 N i is s ADDENDUM NO. 2 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 No. 2 to the Professional Consultant Services Contract ("Addendum No. 2") between the City of Baytown and Larson Design Group, Inc., dated June 16, 1997, and amended on September 15, 1999, 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, such Agreement was amended on the 15t' day of September, 1999, via an Addendum(the"Addendum No. I"; 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; and WHEREAS, these additional services are necessary to complete the Project; 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 and Addenda at a cost not to exceed TWENTY-FOUR THOUSAND SIX HUNDRED FIFTEEN AND 16/100 DOLLARS ($24,615.16); NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained,the parties hereto do hereby mutually agree as follows: Addendum,Page 1 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 TWENTY-FOUR THOUSAND SIX HUNDRED FIFTEEN AND 16/100 DOLLARS 24,615.16),as detailed in such exhibit. III. The provisions of this Addendum and the provisions of the Agreement and Addendum No. 1 should be read together and construed as one agreement, for this addendum is meant to supplement but not replace any provision in the Agreement or Addendum No. 1. 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 A?6 day of May,2003. CITY OF BAY O By: GARY JA N, City Manager ATTEST: n j ) A2"'llf G Y W. SMITH,City Clerk APPROVED AS TO FORM: qG__T4ACIO RAMIREZ,W., City Attorney LARSON DESIGN GROUP, INC.,DB/A LARSONBURNS,INC. BRIAN L' SON,President Addendum,Page 2 STATE OF TEXAS COUNTY OF Before me, /,►v:aG lq'Zti L t-iF z. , the undersigned notary public, on this day personally appeared Brian Larson, in his capacity as President 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 to me through his current %XIS L 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} check 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 expressed. Given under my hand and seal of office this /day of/1,-I/ 2003. T46rry Public in and forAie State of Texas My commission expires: V, Savo Z FAKarenTiles\Community DevelopmenALarson Burns Contract\2ndAddendum2Agreement.LarsonBums.doc Addendum,Page 3 ATTACHMENT 'D' LARSON/BURNS, INC. GOOSE CREEK STREAM GREENBELT, PHASE III April 2,2004 Additional Consulting Services Estimated Time in Man-hours A. Labor by Function Code Principal Engineer Professional Staff 1. Prepare sections for modular retaining walls 60.0 42.0 32.0 2.Constriction scour 15.0 32.0 16.0 3.Cost estimate funding formatting 36.0 7.0 22.0 4. Prepare additional wall,RR canopies and bridge. 12.0 12.0 12.0 5.Contribute to update of environmental report 12.0 4.0 5.0 6. Incorporate civil and structural revisions into con 8.0 4.0 12.0 7. Revise drawing Index 2_0 2_0 21.0 TO') A PIRSON HOURSI a _ , 145Lbu- t0, 4 r -` 120;0' A. Labor Cost by Function Classification Hours Raw Rate Cost Principal 145.0 $24.00 3,480.00 Engineer 103.0 $26.00 2,678.00 Professional Staff 120.0 $16.85 2,022.00 Subtotal 368.0 8,180.00 B. Summary of Costs Services Hours Dir. Labor Ovhd(1.60) 'ixed Fee(.12 Total Additional Services: Consultant 368.0 $8,180.00 $13,088.00 $2,552.16 $23,820.16 Direct Cost- Reimbursable Expenses Reproduction total 500.00 Mileage(2 trips) miles 643 0.28 180.00 Materials&Supplies total 90.00 Mailing and Telecommunication total 25.00 Total Direct Costs 795.00 TOTAL„COST OF ADDITIC ) Is' P:1BAYT0WNW MIMAWSUMM2_02APRIL2W3 WK4 Description of Additional Services Larson/Burns,Inc Goose Creek Stream Greenbelt,Phase III April 2,2003 1. Borings: Coordinate additional information for seventy-five foot boring depths for bridge abutments, Two borings) 2. Prepare sections and elevations for retaining wall:Prepare additional modular retaining wall plan and profile sheets per comments at 96%for the revised trail location between Arizona Street and Main Street. 3. Prepare Constriction analysis:After meeting with drainage review in Austin,the scour analysis was determined to be incomplete without also including a constriction scour analysis for the fill area adjacent to the bridge abutment for the north bridge. Coordinate constriction analysis. 4. Cost estimate format:TxDOT requires that the cost estimate be divided between the two funding mechanisms,and determine the location along the trail that would denote the limits of each grant. 5. Utility meetings:Attend additional utility meetings to be attended by utility providers for Baytown such that each provider can"air"their concerns prior to construction. 6. Environmenta!Report Update:Revisions to the environmental report for maintaining the 404 permit presently in place. 7. Prepare additional sections:Prepare sections for unique conditions 8. Coordinate with civil engineer for add services 9. Coordinate with structural engineer for add services 10. Revise Index and drawing package layout to follow current Index layout required by Austin 11. Revise Traffic Control Plans to adhere to MUTCD 2003 guidelines PBaytown/admin/add services summary 02April 2003