Ordinance No. 10,801ORDINANCE NO. 10,801
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE
STANDARD FORM OF AGREEMENT WITH KIMLEY-HORN AND
ASSOCIATES, INC., DATED JANUARY 26, 2007 AND AMENDED ON
OCTOBER 23, 2007, TO (I) FINALIZE THE CONCEPTUAL MASTER
PLANS, PROGRAMMING FOR TWO OUTDOOR AQUATIC FACILITIES
AT THE WAYNE GRAY SPORTS COMPLEX AND N.C. FOOTE PARK AND
ONE WATER SPRAY GROUND AT MCELROY PARK IN ACCORDANCE
WITH THE APPROVED CITY OF BAYTOWN AQUATIC FACILITIES
MASTER PLAN, AND (II) PREPARE COMPLETION CONSTRUCTION
DOCUMENTS, TO ADVERTISE FOR BID AND TO PROVIDES SERVICES
RELATED TO THE CONSTRUCTION OF ONE NEW AQUATIC FACILITY
AT THE WAYNE GRAY SPORTS COMPLEX; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED SIX
HUNDRED THIRTEEN THOUSAND AND NO/100 DOLLARS (5613,000.00);
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TF.XAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes
the City Manager to execute and the City Clerk to attest to the Second Amendment to the
Standard Form of Agreement with Kimley-Horn and Associates, Inc., dated January 26, 2007
and amended on October 23, 2007, to (i) finalize the conceptual master plans, programming for
two outdoor aquatic facilities at the Wayne Gray Sports Complex and N.C. Foote Park and one
water spray ground at McElroy Park in accordance with the approved City of Baytown Aquatic
Facilities Master Plan, and (ii) prepare completion construction documents, to advertise for bid
and to provides services related to the construction of one new aquatic facility at the Wayne Gray
Sports Complex. A copy of the Second 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-Horn and Associates, Inc., of the sum of SIX HUNDRED THIRTEEN THOUSAND
AND NO/100 DOLLARS ($613,000.00), pursuant to the Agreement.
Section 3: That the City Manager is hereby granted general authority to approve any
change order involving a decrease or an increase in costs of TWENTY-FIVE THOUSAND
AND NO/100 DOLLARS ($25,000.00) or less; however, the original contract price may not be
increased by more than twenty-five percent (25%) or decreased by more than twenty-five
percent (25%) without the consent of the contractor to such decrease.
Section 4: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote^Tf the City Council of the
City of Baytown this the 10th day of January, 2008.
NAUFTlnterim CitvOerk
STE . DONCARLOS, Mayor
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., C(tJ Attorney
R:\Karcn\Filcs\CityCouncil\Ordinances\2008\January 10\Kimley-Horn2ndAmcndment.doc
Exhibit "A"
SECOND AMENDMENT
TO THE
ENGINEERING SERVICES AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TliXAS §
COUNTY OK HARRIS §
This Second Amendment ("Second Amendment") to the Standard Form of Agreement between
the City of Baytown and Kimley-IIorn ;ind Associates. Inc.. dated January 26. 21)07. and amended on
October ?.$. 20(17. is made hy and between the same parties on the dale hereinafter last specified to
authorize the services necessary:
1. to final i/e the conceptual master plans, programming for iwo outdoor aquatic facilities at
the Wayne Gray Sports Complex and N.C. Poote Park and one water spray ground at
Mcl-lroy Park in accordance with the approved City of Uaytown Aquatic Facilities
Mailer Han: and
2. lo prepare completion construction documents, to advertise for bid and In provides
services related to llie construction of one new aquatic facility at the \Va\ne Cray Spoils
Complex.
WITNESSETH:
WIl!£RliAS. the City of Ba\iowu ("OWNER") and Kimley-Horn and Associates. Inc..
("ENGINEER") did enter into an Engineering Services Agreement, dated January 2fi. 2(1(17
("Agreement"): and
WHEREAS. OWNER'S City Council approved and adopted the Aquatics Master Plan on
July 26.2007. as prepared by the ENGINEER: and
WMKRHAS. OWNER and ENGINEER entered into the First Amendment to the Agreement on
October 23. 2007 for preliminary design services and programming for two outdoor aquatic facilities at
Wayne Gray Sports Complex and N.C. l;oote Park and one water spray ground at McElroy Park in
accordance with the approved City of Hayiown Aquatic Facilities Master Plan (the "First Amendment"):
and
WHF.RF.AS. OWNER now wishes to amend the Agreement again to authorize the F.NC-INEER:
1. to finalize the conceptual master plans, programming for two outdoor aquatic facilities at
Wayne Gray Sports Complex and N.C. Foote Park and one water spray ground at
McElruy Park in accordance with the approved Citv of liayiown Aquatic Facilities
Master Plan: and
2. to prepare completion construction documents, lo advertise for bid and to provides
services related to the construction of one new aquatic facility at Wayne G:ny Sports
Complex.
Second Amemlmetil u> Mr-Si:nul;ird Form
Of Agreement between Owner ;nul F.ntiinecr. f'age I
WIILRUAS. LNGINi:l:R desires lo perform such services on behailof OWNF.R: and
NOW THIiRKI'ORI-. lor 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 ha\e the same meanings as in the Agreement and the Kirsi
Amendment.
?.. Amendments. The amendments specified in lliis Second Amendment shall be particular to the
uuidoor;u|iiai:c facilii) at Wayne Gray Sports Complex
a. Exhibit "A" "Engineer's Services" is hereby amended 10 renumber Task I in Section
A. 1.015 "Programming and Preliminary Design Phase" as Task la and to add a new task
lo he numbered Task In. Such tasks shall read as follows:
'Cask hi Coordination and Design Management
ENGINEER will serve as the lead design consultant and pro eel design
team manager. Items of work included in this task are:
a. Coordination of ihe miia e> and geo-uvhnical wurk:
b. Assisting OWNER in defining the project scope, design budgets, and
assignment of design team responsibilities:
c. Perform initial due diligence 10 determine utility scivices and
OWNER requirements:
d. Manage the project and direct the consulting team during the
preliminary design phase:
e. Communicate regularly with OWNER as needed: and
f. Attend design review meetings during the Programming and
Preliminary Design Phase of the Project with OWNF.R and
OWM-R"S representatives.
Task II) Counlinatiim ami Design Management (duration or the
Project)
ENGINEER will serve as the lead design consultant, project design team
manager, and owner's representative. Items of work included in this task
are:
a. Assisting OWNKR in defining and developing the project scope,
design budgets, and assignment of design team responsibilities:
b. Perform due diligence to determine OWNER requirements for the
project:
c. Manage the project and direct the consulting team during the
following project phases:
1. Schematic Design:
2. Design Development:
.i. Construction Documents:
-I. Bidding:
5. Construction: and
(>. Post-Consirueiion:
Second Arncndiiiciit to the Standard l-'orin
of AgreemeinJbehvccn.L'wiwr njuljinijiiieer. Page -
d. Communicate regularly with OWNI-R as needed: and
e. Attend meetings with OWNI-R and OWNER'S representatives
during the following project phases:
1. Schematic Design:
2. Design Development:
3. Construction Documents:
■I. Ridding:
5. Construction: and
6. Post-Construction:
b. Lx'iibii "A" •■fingineei's Services." Article A I.(115 "Programming ami I'reliniinai'}
Design Phase." Section AI.UI5 A.O is amended to add a new ta>k to be numbered and
entitled Task III ■Schematic Design." which task .shall read as follows:
A1.01? Programming and PicliiiiiuaiA Design Phase
A. LNGINLLK SHALL
6. Perform or provide tile additional Programming and Preliminary Design
Phase tasks or deliverable*:
Tusk 111: Schematic Design (3(1 days)
KNTilNKHK >h:dl perform the following services fur the schematic t'esipii for the
\Va\ne (iray Family Ai|tiaiies Center:
1. Prepare schematic plans, sections, and preliminary specifications for the
pools, buildings and sitcdc\clopmcnt showing dimensions and features:
2. Pro\ ide nn opinion of probable cost for the pools. buildings and site
development and answer questions regarding estimated cost data:
3. Provide information on finishes, equipment, lighting, outlets, pool water
supply and waste, structural design and site utilities:
4. Present the schematic designs to the OWNRR and/or its representatives:
5. Review design comments with the OWN IIK and/or its representatives: and
6. dualize the schematic design package to rellect the OWNER'S changes and
comments:
c. l:\hibil "A" "".'ngiiieer's Services" is hereby amended to add a new section numbered
and entitled A. 1.02 "Final Design Phase" which shall read as follows:
A. 1.02 Fiiml Dt'sigit Plume
A. After acceptance by OWNER of the Programming and Preliminary Design Phase
documents and revised opinions of probable Construction Cost as determined in
the Programming and Preliminary Design Phase, but subject to any OWNlfR-
directed modifications or changes in the scope, extent, character, or design
requirements of or for the Project, and upon written authorization from OWNi-R.
liNGINLLR shall perform the following l-'inal Design Phase Trsk and/or
deliverable.-;:
Sci-oiid Amendment l.ulic Si:imi:iiil I onn
nl* Aarceineni hemeen Owner and Knuiuecr. t'aue .?
1. (Modified) Oh the basis of the above acceptance, direction, and iiu:horizalion.
prepare final Drawings indicating the scope, extent, and character of the Work
to be performed and furnished by Contractor. Specifications will be prepared,
where appropriate, in conlbrmance with the 16-division format of the
Construction Specifications Institute or other format aureed to in wriiinu by
OWNKR and ENUINI-I-R.
2. Provide technical criteria, written descriptions, and design data as needed for
the OWNER to file applications tor permits from or 10 obtain approvals of
governmental authorities having jurisdiction to review or approve the final
design of the Project and assist OWNER in consultations, if an\. wiiii
appropriate authorities.
.V Advise OWNER of any adjustments to the opinions of probable Construction
Cusi and any adjustments to Toial Project Costs known ui RNGINKI-.R.
itemized as provided in paragraph A I.015.A.7.
!. Perform or provide the following additional Final Design !'ha>e l:isk> ;nu! or
deliverables:
Task IV: Design Di-vdopmcni ((>() days)
The Design Development Phase for the Wayne Gray FamiK Aquatic*
Center will consist of ilk1 following tasks:
1. Preparation of design development plans and specifications (50%
Construction Document) for the pools, building*, and site
development:
2. Provide an opinion of probable cost for the pools, buildings, and
site development and answer questions concerning estimated cost
data:
.i. Provide information on finishes, equipment. lighting, outlets, pool
water supply and waste, structural design and site utilities:
•I. Present the design development plans to the OWNKR and/or its
representatives:
5. Review design comments with the OWNER and/or its
representatives: and
6. Finalize the design development package to reflect the OWNIiR's
changes:
Tusk V: Construction Documents (60 Days)
The Construction Document Phase for the Wayne Gray Family
Aquatics Center will consist of the following tasks:
1. Prepare final construction plans and specifications (|<HJ°o
Construction Documents) for the pools, buildings, and site
development:
2. Provide an opinion of probable cost for the pools, buildings, and
site development and answer questions concerning estimated cost
data:
Second Amendment in the .Suimlard Form
of Agreement totvieen Owner and F.nuinecr. Pago 4
3. Provide info filiation on finishes, equipment. lighting, outlets, pool
wuter supply and waste, structural design and site utilities:
4. Present the construction documents to the OWNER and/or its
representatives, which documents shall at a minimum include the
following:
a. Engineering Site Plans:
b. Site development plans (layout, grading, storm sewer ami
1 drainage areas, water and sanitary sewer, lighting, power
distribution, erosion control, planting and irrigation, and
details:
e. Building plans (floor plans, elevations, section, details.
HVAC. plumbing, electrical, utilities for OWNER-provided
food service equipment, finishes, and structural): an.l
d. Poo! layout, piping, and filtration plans (sections, details.
equipment, pumps, tillers and chemical feed equipment):
5. Review design comments: and
6. finalize the construct ion documents to reflect the OWNER'S
changes and comments:
5. Pa-pare and furnish Ridding Documents for review and approva! by OWNKR.
ii* legal counsel, and other ad\i>or>. as appropriate, and n«iM OWNLK in the
preparation i-i other ivia:eo dni'iuiu-nK
(>. Siil-kiv.ii 5 final copies of the Ridding Documents and a re\ised •>pinii>n of
probable Construction Cost to OWNER within 120 days alter auihi ri/aiion to
: proceed wilh ihis phase.
7. (Added) Prepare additional line items in ihe Rid Tabulations, assuming the
project documentation, including plans and specifications, were originally
prepared to reflect these items, as reasonably requested by OWNER, so long as
this these requesl(s) is made prior to the preparation oflhe linal bid documents.
R. The number of prime contracts for Work designed or specified by ENGINEER
upon which the ENGINEER'S compensation has been established under this
Agreement is one (!).
C. (Modified) ENGINEER'S services tinder lhe l-inal Design Phase will be considered
complete on the date when lhe submiltals required by paragraph A1.03.A.6 have
been delivered to and accepted by OWNER.
d. Exhibit "A" "Engineer's Services" is hereby amended to add a new section numbered
and entitled A. 1.03 "Bidding or Negotiating Phase" which shall read as follows:
A1.0? UhltiiHg or Negotiating Phase
A. After acceptance by OWNER of the Ridding Documents and the most recent
opinions of probable Construction Cosi as determined in the l-'inal Design Phase,
and upon written authorization by OWNER to proceed. ENGINEER shall for each
phase of ihe Project:
■Second Amendment to tjie SiandaK) Form
of Agreement between Owner iind.irjig.iju.-er. Page 5
1. Assist OWNER in advertising for and obtaining bids or negotiating proposals
lor the Work and. where applicable, provide 25 sets of plans and
specifications, and maintain a record of prospective bidders to whom Bidding
Documents have been issued.
2. Issue Addenda as appropriate to clarify, correct, or change the Ridding
Documents.
.'. Consult with OWNER as to the acceptability of subcontractors, suppliers, and
other individuals and entities proposed by Contractor for iho.se portions of the
Work as to which such acceptability is required by the Bidding Documents.
4. (Modilied] Attend the Mandatory Pie-Bid Conferences and the Bid openings,
prepare fJiil tabulation sheets, coordinate the assembly of the contract
documents, assist OWNER in both evaluating Rids or proposals and awarding
contracts for the Work.
5. I Added) Assist in connection with Bid protests, rebidding. or renegotiating
contracts for coiiMruciion. materials, equipment, or ser\ kvv
R. (Modified) I he Bidding or Negotiating Phase for each phase of the Project will be
considered complete upon commencement of the Consinicltcn i'ha>e.
e. Exhibit "A" "Engineer's Services" is hereby amended to add a new section numbered and
entitled A.1.01 "Construction I'hase" which shall read as follows:
A1.04 (V nisinti linn I'lu isi •
A. Upon Niiecesil'iii completion of the Bidding and Negotiating Phase. ;tnd upon
written umhoriTarion from OWNER. ENGINEER shall fur each phi>e of the
Project:
1. General Ailministralioii oj Construction Comma. Consult with OWNER and
act as OWNER'S representative as provided in the General Conditions. The
extent and limitations of the duties, responsibilities and authority of
ENGINEER as assigned in said General Conditions shall not be modified,
except as ENGINEER may otherwise agree in writing. All of OWNER'S
instructions to Contractor will be issued through ENGINEER, who shall have
authority to act on behalf of OWNER in dealings with Contractor to the extent
provided in this Agreement and said General Conditions except as otherwise
provided in writing.
2. (Modilied).Selecting Independent Testing Laboratory. Assist OWNER in the
selection of an independent testing laboratory to perform the services identified
in paragraph B2.01.0. if any.
.>. i'rc-Ctutsintctitut Conference. Participate in a Pre-l (instruction Conference
prior to commencement of Work at the Site.
Second AniendmerI lo Mil-Si:nula»i Form
ot'A'jrccmciU between Owner ;uul F.nuincer. Paae <•
A. liawliiicx and Benchmarks. As appropriate, indicate on the plans any baselines
anil benchmarks for locating the Work which in ENGINEER'S judgment are
necessary lo enable Contractor to proceed.
5. Visits lo Site ami Observation of Construction. In connection with
observations of Contractor's work in progress while it is in progress:
a. (Modified) Make visits lo the Site at intervals appropriate to the various
stages o( construction, appropriate lo verify Contractor's payment
requests, and as ENGINEER and or OWNER deems necessary, in order lo
observe as an experienced and qualified design professional the progress
ami quality of the Work. Such visits and observations by ENGINEER,
and the Resident Project Representative, if an\. are not intended lo he
exhaustive or to extend to every aspect of Contractor's work in progress or
lo inui!\e detailed inspections of Contractor's work in progress be\oml
the responsibilities specifically assigned to ENGINEER in this Agreement
and the Contract Documents, but rather are lo be limited lo spoi cheeking,
selective sampling, and similar methods of general ohservat on of ihe
Woik based on ENGINEER'S exercise of professional jttdgmcni as
assisted In the Resident Project Representative, if :m\. Uascd on
iiifnriiiaiinn nbiaiued during such visits and such observations.
ENGINEER will determine if Contractor's work is proceeding in
accordance with the Comma Documents, and ENGINEER -shall keep
O\V\I-'R informed of the progress of the Work.
b. (Modilied) The purpose ol' ENGINEER'S visits lo. and representation In
Ihe Resident Project Representative, if an>. at the Site, will be lo enable
ENGINEER to belter cany out the duties and responsibilities assigned to
and undertaken In ENGINEER during the Construction Pha*e. and. in
addition. In the exercise of ENGINEER"* efforts as an experienced and
qualified design professional, lo provide for OWNER a greater degree of
confidence that the completed Work will substaniiiilly conform to the
Contract Documents and thai the integrity of the design concept of the
completed Project as a functioning whole as indicated in ihe Contract
Documents has been implemented and preserved by Contractor.
ENGINEER shall not. during such visits or as a result of such observations
of Contractor's work in progress, supervise, direct, or have control over
Contractor's work, nor shall ENGINEER have authority over or
responsibility for the means, methods, techniques, sequences, or
procedures of construction selected by Contractor, for safely precautions
and programs incident to Contractor's work, or for any failure of
Contractor to comply with Laws and Regulations applicable lo
Contractor's furnishing and performing the Work. Accordingly.
ENGINEER neither guarantees the performance of any Contractor nor
assumes responsibility for any Contractor's failure to furnish and perform
ils work in accordance with the Contract Documents.
ft. (Modified) Dejectiw Work. Recommend to OWNER that Contractor's work
be disapproved and rejected while it is in progress if. on the basis of such
observations. ENGINEER believes thai such work will noi produce a
completed Project that substantially conforms to the Contract Documents or
Second Amendment u> ihe Standard lurni
of Agreement between Owner and Knainger. Page 7
thai ii will prejudice the integrity of ihe design concept of the completed
Project as a functioning whole as indicated in ihe Contract Docimienis.
7. Clarifications and Interpretations: Field Orders. Issue necessary clarifications
and interpretations of the Contract Documents as appropriate to -.he orderly
completion of Contractor's work. Such clarifications and interpretations will
he consistent with ihe intent of and reasonably inferable from the Conlraci
Documents. liNGINHIfR may issue Hold Orders authorizing minor variations
tii»;ii ihe requirements of the Contract Doamicnt.s.
•X. Change Orders ami Work Change Directives. Recommend Change Orders ami
Work Change Directives to OWNF.R. as appropriate, and prepare Change
Orders and Work Change Directives as required.
i). Shop Drawings and Samples. Review and approve or lake oilier appropriatc
aciion in respect to Shop Drawings and Samples and other liata which
Contractor is required to submit, but only lor conlbrmance with the
information given in the Contnicl Documents and compatibility wiih ihe
design concept o\'the completed Project as a limciioning whole as i idiiMtcJ in
the Contract Documents. Such review* ami approvals or other aelim will not
extend to means, methods, techniques, sequence-; or proceilures of construction
or Id >afct> precautions and programs incident thereto. l:.N'(.ilN'l:i:R has an
obligation lo meet any Contractor's suhmittal schedule that has eulier been
acceptable I.-I NCWN'HjR.
10. Substitutes and "oi-eqnal." Evaluate and determine ihe acceptability of
Mibstiltiie or "or-equal" materials ami ei|iiipmeni proposed by Contractor, hut
subject 10 the provisions of paragraph A2.fl I of this F.xhibit A.
11. Inspections and I e«ts. Require such special inspections or tests of Contractor's
work as deemed reasonably necessary, and receive and review all :ertilicale>
of inspections, tests, and approvals required by Laws and Regulations or the
Contract Documents. ENGINLLR's review of such certificates will be for ihe
purpose of determining that the results certified indicaie compliance with the
Contract Documents and will not constitute an independent evaluation that (he
content or procedures of such inspections, tests, or approvals comply with ihe
requirements of the Contract Documents. KNGINEt-R shall be entitled to rely
on the results of such tests.
12. (Modified) Disagreements between OWNER and Contractor. Render formal
written decisions on all claims of OWNER and Contractor relating to the
acceptability of Contractor's work or the interpretation of the requirements of
the Contract Documents pertaining lo ihe execution and pi ogress of
Contractor's work. In rendering such decisions. KNCHNKKR shall be fair and
not show partiality lo OWNliR or Contractor.
l.>. Applications for Payment. Based on ENGINEER"* observations as an
experienced and qualified design professional and on review of Applications
tor Payment and accompanying supposing documentation:
Second Amendment lo the Standard I-orm
of Agreement between Owner and Enuineer. Pime S
a. Determine the amounts that ENGINEER recommends Contractor be paid.
Such recommendations of payment will be in writing and will constitute
ENGINEER'S representation to OWNER, based on such observations and
review, that, to the best of ENGINEER'S knowledge, information and
belief. Contractor's work has progressed to the point indicated, the quality
of such work is substantially in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning whole prior to or
upon Substantial Completion, to lite results of any subsequent tests called
lor in the Contract Documents and to any other qualifications staled in the
recommendation), and the conditions precedent to Contractor's beina
entitled to such payment appear to have been fulfilled in so far as it is
ENGINEER'S responsibility to observe Contractor's work. In the c:im" of
unit price work. ENGINEER'S recommendations of payment \.ill include
final dciJtminalions of quantities and classifications of Contractor's uork
(Mihjecl to an> subsequent adjustments allowed b\ the Contract
Documents). The responsibilities of ENGINEER contained in paragraph
AI.O-I.A-.xa are expressly subject to the limitations set forth in paragraph
AI .(M.A.5.b and other express or general limitations in this Agreement and
el-eu here.
b. By recommending any payment. ENGINEER sluill not therein Iv deemed
in have represented that ohsenations made by ENGINEER to check the
quality or quantity of Contractor's work as it is performed anil furnished
ha\e been exhaustive, extended to every aspect of Contractor's work in
progress, or involved detailed inspections of the Work beyond the
responsibilities specifically assigned to ENGINEER in ibis Agreement and
the Contract Documents. Neither ENGINEER'S review of Contractor's
work for the purposes of recommending payments nor ENGINEER'S
recommendation of any payment including final payment will impose on
ENGINEER responsibility to supervise, direct, or control Contractor's
work in progress or lor the means, methods, techniques, .sequences, or
procedures of construction or safety precautions or programs incident
thereto, or Contractor's compliance with Laws and Regulations applicable
to Contractor's furnishing and performing the Work. It wtl also not
impose responsibility on ENGINEER to make any examination to
ascertain how or for what purposes Contractor has used the moneys paid
on account of Ihe Contract Price, or to determine that title to any portion of
the work in progress, materials, or equipment has passed to OWNER free
and clear of any liens, claims, security interests, or encumbrances, or that
there may not be oilier matters at issue between OWNER and Contractor
that might affect the amount that should be paid.
14. Coiiwwtor'.v Completion Documents.
a. (Modified) Receive and review maintenance and operating instructions,
schedules, and guarantees as prepared by the Contractor in accordance
with the Contract Documents. Engineer will compile this information as
provided by Contractor, and deliver three (}) copies of the same to
OWNER .
Second Amendment ii> ihe Standard I'ornt
of Aureejnejujieiween Owner and Enjunger.. I'aue <)
b. (Modified) Receive bonds, certificates, or other evidence of insurance not
previously submitted and required by the Contract Documents, certificates
of inspection, tests and approvals. Shop Drawings. Samples and other data
approved as provided under paragraph A 1.04.A.9. and the annotated
record documents which are to be assembled by Contractor in accordance
with the Contract Documents to obtain final payment. The extent of such
FNGINi£KiR"s review will be limited as provided in paragraph A1.01.A.1'.
e. tNQNKIiR shall transmit these documents to OWN'KR within thirty da}S
lit'receipt of documents from Contractor.
d. (Added) Preparing and furnishing 10 OWNLR Rccori! Drawings
showing appropriate record information based on Project annotated record
documents received from Contractor.
e. (Added) Assist Owner in coordinating the llnal ADA inspection and
provide assistance to the OWNKR as necessarv for project compliance.
15. Siihsuiuiial Cimipk-iifit. Promptly alter notice from Contractor that Coniracinr
considers the entire Work read} lor ils intended use. in coni|\tn\ with
<>WNLR and Contractor, conduct an inspection to determine if the Work is
Substantiall} Complete. If after considering any objections of OWN1-'R.
I-INCJJNI-KR considers the Work Substantial!} Complete. F.NGIM-ER shall
deliver a certificate of Substantial Completion to OWNHR and Cont-actor.
16. (Modified) Kinal Notice of Acceptability of ilie Work. Conduct a final
inspection to determine if the completed Work of Contractor is acceptable so
thai KNCilNF.F.R ma\ recommend, in writing, llnal pavmeni :o Contractor
Accompanying the recommendation for llnal payment. tN(ilM-.l-k shall also
provide a notice in the form attached hereto as Inhibit E (the "Notice i>t'
Acceptability v\~ Work") that to the best of t-NtilNhl-R's knowledge,
information and belief and upon the exercise of F.NGlNlfl-R'S due diligence,
the Work is acceptable and is in compliance with the Contract Documents.
17. Attend meetings with OWNER, its representatives and/or contractor as
necessary to ensure the Project is progressing in accordance with the Contract
Documents.
B. Dnruiiiin o) Construction Phase. The Construction Phase will commence with the
execution of the first Construction Agreement for the Project or an\ part thereof
and will terminate upon final payment to Contractors. If the Project involves more
than one prime contract as indicated in paragraph AI.02.C. Construction Phase
services may be rendered at different times in respect to the separate contracts.
C. Limitation of Responsibilities. ENGINEER shall not be responsible for the acts or
omissions of an> Contractor, or of an\ of its subcontractors, suppliers, or of any
other individual or entity performing or furnishing any of the Work. RNGINIIF.R
shall not be responsible for failure of any Contractor to perform or furnish the
Work in accordance with the Contract Documents.
Second Amendment to the Standard Komi
of A'jrueiweiit between Owner and lin-jiiieei. I'aae Hi
Exhibit "A" "Engineer's Services" is hereby amended to add a new section numbered
and (.-milled A. 1.05 "Post-Construction Phase" which shall read as follows:
A1.05 Post-Construction Phase
A. IIpnn written authorization from OWNER. ENGINEER, during the I'ost-
Consu uetion Phase, .skill for each phase of ihe Project:
1. Provide assistance in connection with ihe testing and adjustinu of Project
equipment or systems.
2. Provide on-siic training to ihe OWNERS staff in operate and mainiain Project.
equipment, and systems.
.>. Wi.li input from the OWNP.R. develop wriiicn procedures for control of ihe
operation and mainlcnance of. and record keeping for Project equipment and
systems. ENGINEER shall provide a draft copy of such procedures to ihe
OWNER for review and shall incorporate changes requested by OWNER.
Once all of the commons are incorporated, the !:N"< ilNTI "R shall provide ten
copies of the final procedures alon;j \\ ith a reproducible master cop\.
I. Provide Operations and Maintenance Manuals to ihe OWNER .is well a<
electronic as-buill drawing for ihe completed Project, in a formal acceptable
ioi!v OWNER.
?. Together with OWNER, visil the Project lo observe any appareni defects in ihe
Work, assisi OWNER in consultations and discussions with Contractor
concerning correction of any such delects, and make recoinmendalinns as lo
replacement or collection of Defective Work, if present.
b. In company with OWNER or OWNER'S representative, provide an inspection
of ihe Project within one moulli before ihe end of the Correction Period lo
ascertain whether any portion of ihe Work is subject lo correction.
B. The Post-Conslruclion Phase services may commence during the Construction
Phase and. if not otherwise modified in this lixhibil A. will terminate at the end of
the Correction Period.
Exhibit "FT "Owner's Responsibilities." Section IS2.01C is hereby amended to read as
follows:
B2.0I In addition to other responsibilities of OWNER as set forth in ihis
Agreement. OWNER shall:
A. (Modified) Following ENGINEER'S assessment of initially available Project
information and daia and upon ENGINEER'S written request, furnish or otherwise
make available such additional available Project related information and dala us is
reasonably required to enable ENGINEER lo complete ils Basic and Additional
Services, if any.
I. A site specific aeo-technical investigation or reports for ilie sites:
Second Amendment lo the Siand:ird Tnrm
of Agreement between Owner and Hnuineer. I'iiyc 11
2. A recent topographic and boundary survey of the sites:
3. Any existing final plats of the park sites:
•I. Any previously prepared surveys or construction documents for the Wayne
Gray Sports Complex site:
5. A copy of the current parks master plan;
6. Any plans of existing or proposed utilities, parking and streets within or
adjacent to the Wayne tiray Spoils Complex site
h. Ilxhibit "C" ••Payments in ENGINEER for Services and Reimbursable Expenses." Article
<! "Paymoms to the ENGINEER." Section C4.01 For Uasie Services having a I >elermined
Scope -Cost noi to exceed Method of Payment shall he amended t<-read as follows:
ARTICLE-I --PAYMENTS TO THE ENGINEER
C4.0I Fur Ihtsic Services Huvinx A DuienninedSo>pc -Cnsi not in Exceed Method
of Payment
A. OWNER shall pay ENGINEER for IJasie Services so! iVmli in Exhibit A as
follows:
I. (Modified)
a. For the Conceptual Design Phase described in Exhibit A Section
A 1.01. a cost no! to exceed amount of S60.000. ha-ed upon the rate
schedule, which is attached as Appendix : of Exhibit C ami
incorporated herein for all intents and purposes, l! is expressly
understood and agreed that (he cost of each phase of the service slinlt
al no lime exceed I he corresponding amount for each Task:
Task I S20.000.00
'■"ask I' $.10,000.00
rnsklll SI5.000.00
Presentation S 5.000.00
b. Tor the Programming and Preliminary-Design Phase, the Final
Design Phase, the Bidding or Negotiation Phase, the Construction
Phase and the Post Construction Phase described in Exhibit A
Sections AI.015. A1.02. AI.03. A 1.04 and AI.05. a cost not to
exceed amount of S30.000. based upon the rate schedule, which is
attached as Appendix I of Exhibit C and incorporated herein for all
intents and purposes. It is expressly understood and agreed that the
cost of each phase of the service shall at no time exceed the
corresponding amount for each Task:
Programming and Preliminary Design Phase
Task la $ 4.500.00
Task II S25.5OO.0O
c. l-'oi the Coordination and Design Management, the Schematic
Design. Design Development. Construction Documents. Bidding.
Construction and Post-Construction Phases/Services, described m
i
| Second Aiiieiulmeni lo [lie Standard Kcinn
of Agreement between Owner ami Engineer. I'age 12
Exhibit A. a cost not to exceed amount of S565.000. based upon the
rate schedule, which is attached as Appendix I of Exhibit C and
incorporated herein for all intents and purposes. It is expressly
undersiood and agreed that the cost of each phase of the service shaf]
at no time exceed the corresponding amount for each Task:
Task Ib S55.5HO.OO
Task III S76.5OO.OO
Final Design Phase
Task IV SI 53.O00.OO
Task V S20-I.OjO.00
FJidiling or Negotiation Phase $25,500.00
Construction Phase $55,500.00
Post-Construction Phase $15,000.00
i. Exhibit "C" "Payments to ENGINEER lor Services and Reimbursable Expenses." Article
4 "Payments to the ENGINEER." Section C-I.O-I.A shall be amended to read as follows:
f-l.0-1 Fur RcimhurSiibk-F.x/icii.ws
A. (Modilied) When not included in compensation for Basic Services under
paragraph C-I.0I. OWNER shall pay ENGINEER for Reimbursable
Expenses at ihe rate set forth in Appendix 2 of this Exhibit C. before ihe
OWNPK shall he liable for any reimbursable expenses, ihe ENGINEER must
obtain prior written approval of the OWNER of any expense that exceeds
SI.000 tor which the ENGINEER seeks reimbursement. Reimbursable
Expenses shall not exceed the following for :ill phases otihe Project:
I ravel Expense* iCuiinsiliii;iii-llims;ika:uiil kinilcvllom) S20.000.00
Reprnduciion $ 10.000.00
ADA Review and Inspection S2.000.00
Miscellaneous Expenses (i;\prcs> IH-li\m. I i.ui: Disunite, l-m.) ....$3,000.00
Expense Contingency $15,000.00
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 Second Amendment and the
provisions of the Agreement and/or the First Amendment, the provisions of this Second
Amendment shall control. Nothing contained in this Second Amendment, the First Amendment,
or in ihe Agreement shall be construed in any way to limit or to waive the City's sovereign
immunitv.
Second Ainemltneni to the Standard form
of Agreement between Owner and Engineer. Page
IN WITNESS WHI-ltnOK. the parties hereto have executed this Amendmcnl in multiple copies,
each of which sliail be deemed 10 he an original, but all of which shall constitute bm one and the same
amendment, this _ day of .. 2008. the date of execution l\v the City
Manager.
C1TVOF HAVTOWN
AITHST:
By:
GARRISON C. l.lRUMBACK.Cilv Ntonnuer
I.ORRICOl)l)Y.Cit\ Clerk
AITKOVI DASTOI-ORM:
IGNACIO RAMIRP.7. SR.. Citv Atumiev
KIMI.F.Y-IIORN AM) ASSOCIATES, INC.
Bv: '. . '. '„">•••*«•' ■ ' -' ^fi I .
i
(Printed Name)
ATTliST:
(Signafui
(Printed Name)
(Title) ~
. ./■■
(Title)
liartNSLViin
AiueiidmciU lo the Siandard Porm
of Agreement between (Iwneraml Knginccr. Pniie