Ordinance No. 10,165ORDINANCE NO. 10,165
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
®
APPROVING ADDENDUM NO. 4 TO THE PROFESSIONAL CONSULTANT
SERVICES CONTRACT BETWEEN THE CITY OF BAYTOWN AND LARSON
DESIGN GROUP, INC., DB /A LARSONBURNS, INC., FOR ADDITIONAL
SERVICES FOR THE DEVELOPMENT OF THE GOOSE CREEK STREAM
GREENBELT PROJECT, PHASE 111; AUTHORIZING PAYMENT IN THE AMOUNT
NOT TO EXCEED ELEVEN THOUSAND AND NO /100 DOLLARS ($11,000.00);
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 the
execution of Addendum No. 4 to the Professional Consultant Services Contract between the City of
Baytown and Larson Design Group, Inc., d/b /a Larson/Burns, Inc., for additional 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.
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 ELEVEN THOUSAND AND
NO /100 DOLLARS ($11,000.00).
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by TWENTY -FIVE THOUSAND AND NO/] 00 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 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
Baytow n i.h.is the 271h day of September, 2005.
CALVIN MUNDINGER, Mayor
APPROVED AS TO FORM:
® 4GNAC70,
RAMIREZ, SR., City A o ey
RAKaren \Fitcs \City Council \Ordinances\2005\September 22\ LarsonBumsAddendumNo4Ordinance .doc
• ADDENDUM NO.4
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. 4 to the Professional Consultant Services Contract ( "Addendum No. 4 ")
between the City of Baytown and Larson Design Group, Inc., dated June 16, 1997, and amended on
September 15, 1999, on May 28, 2003, and on September 28, 2004, 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/Burns,
Inc., ( "Consultant ") did enter into a Professional Consultant Services Contract, on June 16, 1997
( "Agreement "); and
WHEREAS, such Agreement was amended on the 15`h day of September, 1999, via an
Addendum (the "Addendum No. I"); and
WHEREAS, such Agreement was amended on the 28`h day of May, 2003, via an Addendum (the
"Addendum No. 2 "); and
WHEREAS, such Agreement was amended on the 28`h day of September, 2004, via an
Addendum (the "Addendum No. 3 "); 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
Creels 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 under such terms and conditions as
contained in the Agreement and Addenda at a cost not to exceed ELEVEN THOUSAND AND N01100
• DOLLARS (S 11,000.00);
Addenda No. 4, Page 0
M f A
•
NOWT F randinconsideration
HERE ORE, f o of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
I.
Definitions
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.
Services and Compensation
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 ELEVEN THOUSAND AND NO/ 100 DOLLARS ($11,000.00), as detailed in such exhibit.
ID.
Miscellaneous
3.01 Interpretation, This Addendum No. 4 has been jointly negotiated by the parties hereunder and
shall not be construed against a party hereunder because that party may have assumed primary
responsibility for the drafting of this Addendum No. 4.
3.02 Captions. Captions contained in this Addendum No. 4 are for reference only and, therefore, have
no effect in construing this Addendum No. 4. The captions are not restrictive of the subject
matter of any section in this Addendum No. 4.
3.03 No Waiver. By this Agreement, the Owner does not consent to litigation or suit, and the Owner
hereby expressly revokes any consent to litigation that it may have granted by the terms of this
Addendum No. 4, the Agreement or any other contract or agreement or addenda, any charter, or
applicable state law. Nothing contained herein shall be constructed so as to limit or waive the
Owner's sovereign immunity.
3.04 Construction. The provisions of this Addendum and the provisions of the Agreement, Addendum
Nos. 1, 2, and 3 should be read together and construed as one agreement, for this addendum is
meant to supplement but not replace any provision in the Agreement, Addendum Nos. 1, 2 or 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 September, 2005.
Addenda No. 4, Page 1
•
ATTEST:
KELVIN KNAUF, Interim City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
CITY OF BAYTOWN
an
GARY JACKSON, City Manager
LARSON DESIGN GROUP, INC., D /BIA
LARSON/BURNS, INC.
By: /l
STATE OF TEXAS § BRIAN LARSON, President
COUNTY OF
Before me,--p Irl QLK Ld)(SD6 , 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;
roved to me on the oath of oc
roved to me through his current
{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 &fay of , 2005.
MaryAnn Carmona
Notary Public. State of Texas
•` twty Conxnasgn F�puas
(L
•• •;c?` At�g. 25, 2008 Notary Public in d for the State of Texas
Q,,,,•
My commission expires:
UKaren7iles\ContractslLarson Bumsl 4t hAddendum2Agmement .LamonBums.doc
Addenda No, 4, Page 2
Exhibit "A"
Additional Compensation for Construction Pha i se Services
Service -
_
H 7.
Hour s
-Pri'dUlIour
Extended P rice
' -E 4:'
c ei 0 X N&-t ce
Shop drawing review
12
$100
$ 1,200.00
Review project field changes and prepare field
change drawings and sketches as required
50
$100
$ 5,000.00
Project coordination
14
$100
$ 1,400.00
Field Visits
28
$100
$ 2,800.00
Meetings with TxDOT
6
$100
$ 600.00
TOTAL
1,000,00
• R:\KarenTiles\ContractsULarson B ums\4 thAdde ndum2 Agreement. Larson B ums.doc
Exhibit "A," Page I
ADDENDUM NO.4
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. 4 to the Professional Consultant Services Contract ("Addendum No. 4")
between the City of Baytown and Larson Design Group, Inc., dated June 16, 1997, and amended on
September 15, 1999, on May 28, 2003, and on September 28, 2004, 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/Burns,
Inc., ("Consultant") did enter into a Professional Consultant Services Contract, on June 16, 1997
("Agreement");and
WHEREAS, such Agreement was amended on the 15`h day of September, 1999, via an
Addendum(the"Addendum No. 1"); and
WHEREAS, such Agreement was amended on the 28th day of May, 2003, via an Addendum(the
"Addendum No.2");and
WHEREAS, such Agreement was amended on the 28`h day of September, 2004, via an
Addendum(the"Addendum No.3");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 under such terms and conditions as
contained in the Agreement and Addenda at a cost not to exceed ELEVEN THOUSAND AND NO/100
DOLLARS($11,000.00);
Addenda No.4,Page 0
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained,the parties hereto do hereby mutually agree as follows:
I.
Definitions
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.
Services and Compensation
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 ELEVEN THOUSAND AND NO/100 DOLLARS($11,000.00),as detailed in such exhibit.
III.
Miscellaneous
3.01 Interpretation. This Addendum No. 4 has been jointly negotiated by the parties hereunder and
shall not be construed against a party hereunder because that party may have assumed primary
responsibility for the drafting of this Addendum No.4.
3.02 Captions. Captions contained in this Addendum No.4 are for reference only and,therefore,have
no effect in construing this Addendum No. 4. The captions are not restrictive of the subject
matter of any section in this Addendum No.4.
3.03 No Waiver. By this Agreement, the Owner does not consent to litigation or suit, and the Owner
hereby expressly revokes any consent to litigation that it may have granted by the terms of this
Addendum No. 4, the Agreement or any other contract or agreement or addenda, any charter, or
applicable state law. Nothing contained herein shall be constructed so as to limit or waive the
Owner's sovereign immunity.
3.04 Construction. The provisions of this Addendum and the provisions of the Agreement,Addendum
Nos. 1, 2, and 3 should be read together and construed as one agreement, for this addendum is
meant to supplement but not replace any provision in the Agreement,Addendum Nos. 1,2 or 3.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple copies,
each of which shall be deemed to be an original, but all of which shall constitute but one and the same
amendment,this 29th day of September,2005.
Addenda No.4,Page 1
CITY OF BAY WN
By:
GARY KSON,City Manager
ATT T:
KELVIN KNA , nterim City erk
APPROVED AS TO FORM:
ACID RAMIREZ, SR.,Ci ttomey
LARSON DESIGN GROUP,INC.,D/B/A
LARSON/BURNS,INC.
By: #R1/11
td4
BRIAN LARSON,President
STATE OF TEXAS §
COUNTY OF Vu•OS §
Before me,�Y,AN La✓S$DN , 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 p ; or
roved to me through his current �N.�L14. pL .44.4 -..-C.
{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 thislray of ,2005.
.o Y: '4', MaryAnn Carmona
`'.1 4 .: Notary Public,State of Texas
1 gio41..44...44---
_* %\ ;*` My Commission Expires
Vf i....• • Aug.25,2008 Notary Public in d for the State of Texas
•,„1 X,11..
_ _ _ - - My commission expires: a'"-J '6d'
R:\Karen\Files\Contracts\Larson Burns\4thAddendum2Agreement.LarsonBurns.doc
Addenda No.4,Page 2
Exhibit "A"
Additional Compensation for Construction Phase Services
Service Hours Price/Hour Extended Price
Price Not-to-Exceed
Shop drawing review 12 $100 $ 1,200.00
Review project field changes and prepare field 50 $100 $ 5,000.00
change drawings and sketches as required
Project coordination 14 $100 $ 1,400.00
Field Visits 28 $100 $ 2,800.00
Meetings with TxDOT 6 $100 $ 600.00
TOTAL $11,000.00
R:\Karen\Files\Contracts\Larson Bums\4thAddendum2Agreement.LarsonBurns.doc
Exhibit"A,"Page 1