Ordinance No. 10,645ORDINANCE NO. 10,645
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO EXECUTE
AND THE CITY CLERK TO ATTEST TO THE THIRD AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH KLOTZ ASSOCIATES, INC.,
FOR FINAL DESIGN, BIDDING, CONSTRUCTION AND POST-CONSTRUCTION
PHASE SERVICES FOR THE RECONSTRUCTION OF WEST GULF, SCHILLING,
CALDWELL, AND ROLLINGWOOD, FOR THE ADDITION OF ARBORIST
SERVICES FOR THE DESIGN OF KILGORE ROAD, AND FOR ENGINEERING
AND ENVIRONMENTAL SERVICES FOR THE PERMITTING OF BOX
CULVERTS UNDER KILGORE ROAD; AUTHORIZING ADDITIONAL FUNDS IN
AN AMOUNT NOT TO EXCEED TWO HUNDRED FOURTEEN THOUSAND ONE
HUNDRED AND NO/100 DOLLARS ($214,100.00); 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 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the Interim City Manager to execute and the City Clerk to attest to the Third Amendment to the
Professional Services Agreement with Klotz Associates, Inc., for final design, bidding, construction and
post-construction phase services for the reconstruction of West Gulf, Schilling, Caldwell, and
Rollingwood, for the addition of arborist services for the design of Kilgore Road, and for engineering and
environmental services for the permitting of box culverts under Kilgore Road. A copy of said amendment
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 additional funds payable
tc Klotz Associates, Inc., in an amount not to exceed TWO HUNDRED FOURTEEN THOUSAND
ONE HUNDRED AND NO/100 DOLLARS ($214,100.00) for professional services in accordance with
the Third Amendment authorized in Section 1 hereinabove.
Section 3: That the Interim City Manager is hereby granted general authority to approve 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 fr#m and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative v/sfe ^>f the City Council of the City of
Baytown this the 12lh day of July, 2007.
.STEPHEN H. DONCARLOS, Mayor
APPROVED AS TOPORM
RAMIREZ, S(R\ City Attorney
R:\Karcn\Filcs\City Council\Ordiiumeest2007\)uly 12\Klolz3rdAmendment4FinalDcsign&C'onsullingbcrviccs.doc
Exhibit "A"
THIRD AMENDMENT
TO THE
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This Third Amendment ("Third Amendment") to that certain "Standard Form of Agreement
between Owner and Engineer for Professional Services" between the City of Baytown and Klotz
Associates, Inc., dated May 24, 2006, and amended on , 2007, is made by and
between the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, the City of Baytown ("Owner") and Klotz Associates, Inc., ("Engineer") did
enter into a Standard Form of Agreement between Owner and Engineer for Professional Services
associated with the preliminary design for the Kilgore and Bob Smith Road Reconstruction Project,
on May 24,2006 ("Agreement"); and
WHEREAS, the Agreement was thereafter amended and approved by the City Council of the
City of Baytown on July 27,2006, for Engineer to perform preliminary engineering services for the
replacement of pavement on additional streets in Council Districts 1 and 3 to address base failure
and cracking along the alignments and for related infrastructure issues ("First Amendment"); and
WHEREAS, the Agreement was thereafter amended and approved by the City Council of the
City of Baytown on December 14,2006, for Engineer to perform final design and related bidding
and construction services for the Kilgore and Bob Smith Road Reconstruction Project ("Second
Amendment"); and
WHEREAS, the Owner desires Engineer to perform the following:
1. engineering, topographic surveying, and urban forestry consulting services for final
design and related bidding and construction services for the reconstruction of West
Gulf, Schilling, Caldwell and Rollingwood;
2. engineering services for the replacement of two channel crossings under Kilgore
Road; and
3. urban forestry consulting services for the reconstruction of Bob Smith Road and
Kilgore Road; and
WHEREAS, Engineer desires to perform the work specified herein in accordance with the
terms and conditions contained in this Third Amendment together with those of the Second
Amendment, the First Amendment, and the Agreement; NOW THEREFORE,
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between Owner and Engineer for Professional Services. Page 1
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
1. Definitions. Unless a different meaning clearly appears from the context, words and phrases
as used in this Third Amendment shall have the same meanings as in the Agreement, the
First Amendment, and the Second Amendment.
2. Amendment.
2.01 The definition of "Project" as defined on the first page of the Agreement and in
Section 2.01 of the First Amendment shall be revised to read as follows:
OWNER intends to contract for engineering services for
1. Preliminary Design, Final Design, Bidding, and Construction Phase on the
following roads:
Street
i\o. Street I.en«tli
2. Preliminary Design on the following roads:
Street
No. Street From Width
Final Design, Bidding, and Construction Phase on the following
roads:
Street
No. Street Width I.eimth
to replace the pavement on the above-referenced streets, to address the base
failure and cracking along the alignment, to relocate and upsize the 6" cast
iron water line under Kilgore Road to an 8" PVC water line, to replace the
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between Owner and Engineer for Professional Services. Page 2
existing 15-inch sanitary sewer and 6" water line along the Bob Smith Road
alignment, and to replace each storm sewer, sanitary sewer, and water line
crossing under each of the above-referenced streets due to age and to prevent
future pavement cuts. ("Project").
2.02 Section A1.02.A.3, of Article 1, Part 1 of Exhibit A is hereby amended to read as
follows:
A1.02 Final Design Phase.
A. After acceptance by OWNER of the Preliminary Design Phase
documents and revised opinion of probable Construction Cost as
determined in the Preliminary Design Phase, but subject to any
OWNER-directed modifications or changes in the scope, extent,
character, or design requirements of or for the Project, and upon written
authorization from OWNER, ENGINEER shall:
3. Advise OWNER of any adjustments to the opinion of probable
Construction Cost and any adjustments to Total Project Costs
known to ENGINEER. For Street Nos. 6,7,10 and 11, the a
cost estimate for review shall be submitted to the OWNER at
the 50%, 90% and final submittals. The opinion of probable
Construction Cost shall include, but not be limited to, cost
estimates for both asphalt and concrete pavement replacement.
2.03 Section A1.02.A.4, of Article 1, Part 1 of Exhibit A is hereby amended to read as
follows::
A1.02 Final Design Phase.
A. After acceptance by OWNER of the Preliminary Design Phase
documents and revised opinion of probable Construction Cost as
determined in the Preliminary Design Phase, but subject to any
OWNER-directed modifications or changes in the scope, extent,
character, or design requirements of or for the Project, and upon written
authorization from OWNER, ENGINEER shall:
4. Perform or provide the following additional final Design Phase
tasks or deliverables:
a. Coordinate with OWNER on design issues and project
progress;
b. Coordinate with surveyor, TSC Engineering Company, to
obtain complete topographic survey, including plan view
drawings as well as the ASCII point file;
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between Owner and Engineer for Professional Services. Page 3
c. Coordinate with the urban forester to provide electronic
files and information as needed;
d. Evaluate the suggested design revisions from the Urban
Forester and make the necessary revisions;
e. Adjust quantity take-offs and cost estimates per necessary
design revisions from urban forester;
f. Incorporate tree protection plans into set of drawings;
g. Coordinate with Geotest Engineering, Inc. to obtain the
geotechnical study;
h. Coordinate with Harris County Flood Control District on
crossings;
i. Work with OWNER to establish the service area for the
existing sanitary sewer on Bob Smith Road and calculate
the peak flows based on a peaking factor of four to size the
proposed pipe;
j. For Street Nos. 6, 7, 10 and 11,
1. calculate the flows for the 5-year storm event using
the Rational Method and drainage areas determined in
the Preliminary Engineering Report;
2. determine if roadside ditches, culverts and storm
sewers have enough capacity to convey the runoff
produced by the 5-year storm event using normal
depth calculations;
3. adjust the geometry of roadside ditches if necessary to
provide as much capacity as possible within the
existing right-of-ways;
4. evaluate the condition and functionality of driveway
culverts by checking their flow line elevation and
slope (Culverts that need to be replaced will be
replaced with a minimum of an 18-inch diameter
reinforced concrete pipe);
5. submit five sets of full-size plans for review at 50%,
90% and final completion;
6. Prepare Storm Water Pollution Prevention Plan
drawings and report; and
7. Prepare Traffic Control Plan per Harris County
requirements;
k. For Street Nos. 1 and 2,
1. Coordinate with Crouch Environmental to prepare
formal wetland delineation, threatened and
endangered species assessment, cultural resources
records review and USACE permit application for a
Nationwide Permit;
2. calculate flows for the 10-year and 100-year storm
events per HCFCD criteria;
3. Calculate the capacity of the existing channel
crossings per HCFCD criteria;
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between Owner and Engineer for Professional Services. Page 4
4. Calculate the size of restrictors per HCFCD criteria;
5. Coordinate with HCFCD to obtain approval of the
channel crossings reconstruction to be included in the
plans (the channel crossing design will be shown on
the plan and profile sheets, and the details will be
prepared on separate sheets;
I. Obtain signatures from CenterPoint, Entex, and Verizon.
m. Prepare or cause to be prepared the following urban
forestry consulting services:
1. Conduct a field evaluation and collect data to
determine the current tree conditions, their
preservation feasibility and areas of conflict between
long-term tree preservation and the proposed
construction;
2. Determine the construction impacts on the adjacent
trees and recommend changes to minimize
construction impacts to trees;
3. Redline plan and profile drawings with a tree number
for each tree to be treated and the exact location of
tree protection treatments;
4. Provide quantity and cost estimates for each tree
protection treatment; and
5. Prepare and provide CAD-drawn files of the tree
protection plans in CAD format;
n. Attend design meetings to kick off the Project and
throughout the Design Phase and prepare and distribute
meeting minutes;
o. Prepare a project schedule in Microsoft Project and
distribute at design meetings;
p. Attend City Council Meetings as requested by OWNER;
and
q. Address comments from the OWNER throughout the
Design Phase.
2.04 Section A1.02. A.6, of Article 1, Part 1 of Exhibit A is hereby amended to read as
follows::
A1.02 Final Design Phase.
A. After acceptance by OWNER of the Preliminary Design Phase
documents and revised opinion of probable Construction Cost as
determined in the Preliminary Design Phase, but subject to any
OWNER-directed modifications or changes in the scope, extent,
character, or design requirements of or for the Project, and upon written
authorization from OWNER, ENGINEER shall:
Third Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services. Page 5
6. Submit 5 final copies of the Bidding Documents and a revised
opinion of probable Construction Cost to OWNER within the
following number of calendar days after authorizing to proceed
with the design phase:
1. for Street Nos. 1 & 2 270
2. for Street Nos. 6,7,10 & 11 240
2.05 Section A1.03.A.4, of Article 1, Part 1 of Exhibit A is hereby amended to read as
follows::
A1.03 Bidding or Negotiating Phase
A. After acceptance and approval by OWNER of the Bidding Documents
and the most recent opinion of probable Construction Cost as
determined in the Final Design Phase, and upon written authorization
by OWNER to proceed, ENGINEER shall:
4. Perform or provide the following additional Bidding or
Negotiating Phase tasks or deliverables:
a. Respond to design questions;
b. Provide sets of bid documents for purchase by prospective
bidders and suppliers; and
c. Provide contract documents for signature by the City and
the Contractor.
2.06 Section A1.04. A. 16, of Article 1, Part 1 of Exhibit A is hereby amended to read as
follows:
A 1.04 Construction Phase
A. Upon successful completion of the Bidding and Negotiating Phase, and
upon written authorization from OWNER, ENGINEER shall:
16. Additional Tasks. Perform or provide the following additional
Construction Phase tasks or deliverables:
a. Attendance at proj ect meetings for the duration of the
project;
b. Issue notice to proceed to Contractor;
c. Develop punch list items to be addressed by the
Contractor;
d. Respond in writing to requests for information from
the Contractor regarding Contract Documents; and
e. Provide a field layout of tree protection treatments.
2.07 Paragraph C4.01 .A. 1 contained in Exhibit "C" of the Agreement is hereby amended to
Third Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services. Page 6
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:
1. (Modified) A cost not to exceed amount of $423.800. which
does not include those Engineer's Consultant's charges as
provided below in this Article 4, Subparagraph C4.0S, based
upon the rate schedule attached hereto as Appendix 1 of
Exhibit C, which shall not exceed the following for each
phase of service:
a. For Street Nos. 1 and 2
(1) Preliminary Design Phase $22,700
(2) Design Phase $179,200
(3) Bidding Phase $10,100
(4) Construction/Post-Constr Phase $41,200
b. For Street Nos. 3 through 11
(1) Preliminary Design Phase $33,900
c. For Street Nos. 6,7,10 and 11
(2) Design Phase $97,600
(3) Bidding Phase $8,700
(4) Construction/Post-Constr Phase $30,400
2.08 Paragraph C4.04. A contained in Exhibit "C" of the Agreement is hereby amended to
read as follows:
C4.04 For Reimbursable Expenses
A. (Modified) When not included in compensation for Basic Services
under paragraph C4.01, OWNER shall pay ENGINEER for
Reimbursable Expenses at the rate set forth in Appendix 2 of this
Exhibit C. Before the OWNER shall be liable for any reimbursable
expenses, the ENGINEER must obtain prior written approval of the
OWNER of any expense that exceeds $1,000 for which the
ENGINEER seeks reimbursement. Reimbursable Expenses shall not
exceed the following for each phase of service under this Agreement:
a. For Street Nos. 1 and 2
(1) Preliminary Design Phase $5,000
(2) Design/Bidding/Constr/Post-Constr
Phases $6,225
Third Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services. Page 7
b. For Street Nos. 3 through 11
(1) Preliminary Design Phase $2,600
c. For Street Nos. 6, 7, 10 and 11
(1) Design/Bidding/Constr/Post-Constr
Phases $4,000
2.09 Paragraph C4.05.A contained in Exhibit "C" of the Agreement is hereby amended to
read as follows:
C4.05 For ENGINEER's Consultant's Charges
A. (Modified) Whenever compensation to ENGINEER herein is stated
to include charges of ENGINEER'S Consultants, those charges shall
be the amounts billed by ENGINEER'S Consultants to ENGINEER
times a Factor of 1.10. The consultant charges, including the Factor,
shall not exceed the following amounts specified for each of the
specified services, unless approved in writing by the OWNER:
a. Geotechnical for Street Nos. 1 and 2
(1) Preliminary Design Phase $23,506
(2) Design/Bidding/Constr/Post-Constr
Phases $17,189
b. Geotechnical for Street Nos. 3 through 11
(1) Preliminary Design Phase $26,176
c. Topographic for Streets Nos. 1 and 2
1) Design/Bidding/Constr/Post-Constr
Phases $57,398
d. Topographic for Streets Nos. 6, 7, 10 and 11
1) Design/Bidding/Constr/Post-Constr
Phases $46,434
e. Urban Forestry Consulting Services for Streets Nos.
land 2
1) Design/Bidding/Constr/Post-Constr
Phases $6,170
f. Urban Forestry Consulting Services for Streets Nos.
6,7, 10 and 11
2) Design/Bidding/Constr/Post-Constr
Phases $2,946
e. Environmental Consulting Services for Streets Nos.
1 and 2
1) Design/Bidding/Constr/Post-Constr
Third Amendment to the Standard Form of Agreement
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Phases $13,750
3. Entire Agreement. The provisions of this Third Amendment and the provisions of the
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 Third Amendment and the provisions of the First Amendment,
the Second Amendment or Agreement, the provisions of this Third Amendment shall
control. Nothing contained in this Third Amendment 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 , 2007, the date of execution
by the City Manager.
CITY OF BAYTOWN
By:
ROBERT D. LEIPER, Interim City Manager
ATTEST:
LORRICOODY, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
KLOTZ ASSOCIATES, INC.
By:
(Signature)
(Printed Name)
(Title)
ATTEST:
Secretary
R:\Karen\Filcs\Engineering\Engineering Agreements\Klotz\Street Bond Program Phase IV -Kilgore Road & Bob Smith Road\ThiidAmendmenl.doc
Third Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services. Page 9