Ordinance No. 10,898ORDINANCE NO. 10.898
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY
CLERK TO ATTEST TO THE SECOND AM ENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT FOR FINAL DESIGN SERVICES FOR THE NORTH MAIN AND I-10 UTILITY
PROJECT WITH LANGFORD ENGINEERING, INC.; AUTHORIZING PAYMENT IN AN
AMOUNTNOTTO EXCEED ONE HUNDRED SIXTY-FOUR THOUSAND EIGHT HUNDRED
AND NO/100 DOLLARS ($164,800.00); 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 ol'Baytown, Texas, hereby authorizes and directs the City
Manager to execute and the City Clerk to attest to the Second Amendment to the Professional Services Agreement for
final design services for the North Main and I-10 Utility Project with Langford Engineering, Inc. A copy of said
Second 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 funds payable to Langford
Engineering, Inc., in an amount not to exceed ONE HUNDRED SIXTY-FOUR THOUSAND EIGHT HUNDRED
AND NO/I 00 DOLLARS ($164,800.00) for engineering services in accordance with the Agreement authorized in
Section 1 hereinabove.
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/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 by the City Council of
the City of Baytown.
INTRODUCED. READ and PASSED by the affirmative vote of the Cit^ouncil of the City of Baytown this
the 19l" day of May, 2008.
ATT
APPROVED AS TO FORM:
STEPHEN 1. DONCARLOS . Mayor
<=TCiNACIO RAMIREZ, SR., City XtWney
R:\Karen\Files\C ity CounciI\Ordinances\2008\May l9\Authori2eSecondAmendmentwithLangford4NorthMainI-101 ItilityPrajeetdoe
SECOND AMENDMENT
TO THE
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This Second Amendment ("Amendment") to that certain "Standard Form of Agreement
between Owner and Engineer for Professional Services" between the City of Baytown and
Langford Engineering, Inc., dated October 25, 2006, and amended on August 7, 2007, is made
by and between the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, the City of Baytown ("Owner") and Langford Engineering, Inc.,
("Engineer") did enter into a Standard Form of Agreement between Owner and Engineer for
Professional Services associated with the North Main/IH-10 Utility Project, on October 25, 2006
("Agreement"); and
WHEREAS, the Owner and Engineer thereafter entered into the First Amendment to the
Agreement on August 7, 2007, in order for the Engineer to perform additional surveying and
geotechnical services based upon a change in the location of the sewer collection facilities
previously selected by the Owner; and
WHEREAS, the Owner hereby desires the Engineer to perform additional engineering
and subconsultant services for the following items:
1. re-evaluating design constrains related to anticipated sewer flows in the Northeast
District Service Area;
2. adding a second regional lift station to be located on the west side of North Main,
approximately 3,600 feet south of 1H-10;
3. adding approximately 6,700 LF of sanitary sewer force from the proposed lift
station on I-10 to the Northeast District Collection System at Sjolander and IH-10
and
4. preparing written legal descriptions for approximately forty (40) sanitary sewer
and construction easement tracts along North Main and IH-10 and two lift station
easements; and
WHEREAS, Engineer desires to perform the work specified herein in accordance with
the terms and conditions contained in this Amendment and the Agreement;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby mutually agree as follows:
Second Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services. Page 1
Definitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this Second Amendment shall have the same meanings as in the
Agreement and First Amendment.
2. Amendments.
2.01 Paragraph A1.01 .A contained in Exhibit "A" of the Agreement is hereby amended
to add a new subsection entitled subsection 5.5, which shall read as follows:
A1.01 Preliminary Design Phase
A. For the Preliminary Design Phase of the Project, ENGINEER
shall:
5.5 Perform or provide the following additional Preliminary Design
Phase tasks or deliverables:
a. re-evaluate estimated service area sanitary sewer flows
(proposed near term and ultimate), to modify existing designs
for the proposed North Main Sanitary sewer improvements
based on updated TCEQ design flow criteria;
b. surveying services for the preparation of approximately forty
(40) sanitary sewer and construction easement tracts along North
Main and two lift station easements along North Main;
c. geotechnical services including borings and report to ascertain
sub-surface conditions and design criteria for a second lift
station and additional force main alignment along IH-10; and
d. structural engineering services for the design of a sanitary sewer
wet well/dry well lift station structure to accommodate estimated
ultimate peak flow;
2.02 Paragraph Al .02. A contained in Exhibit "A" of the Agreement is hereby amended
to add a new subsection entitled subsection 2.5, which shall read as follows:
A1.02 Final Design Phase
A. After acceptance by OWNER of the Preliminary Design Phase
documents and revised opinions 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:
Second Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services. Page 2
2.5 Perform or provide the following additional Final Design Phase
tasks or deliverables:
a. basic engineering services for:
i. the design, site layout, pump selection, piping design and
civil engineering aspects of a proposed lift station facility
located on North Main, south of IH-10 and a proposed
interim force main from the site of the IH-10 lift station,
east to the existing collection system location at
Sjolander and IH-10. Lift station wet well/dry pit
structure;
ii. lift station wet well/dry pit structure to be designed to
accommodate (estimated) ultimate peak flow with
interim pumps and piping; and
iii. consultation, plan, specification and detail preparation;
b. structural engineering services, including consultations, plans,
specifications and detail preparation;
c. electrical engineering services for the design of interim
components and controls for a sanitary sewer lift station,
including consultation plan, specification and detail preparation;
2.03 Paragraph A1.04.A contained in Exhibit "A" of the Agreement is hereby amended
to add a new subsection entitled subsection 5.5, which shall read as follows:
A1.04 Construct ion Phase
A. Upon successful completion of the Bidding and Negotiating Phase,
and upon written authorization from OWNER, ENGINEER shall for each phase of
the Project:
5.5 Perform or provide the following additional Construction Phase
tasks or deliverables:
a. basic engineering services to consist of shop drawing/submittal
review, contractor estimates meetings and site visits;
b. structural engineering services, including shop
drawings/submittal review and site visits; and
c. electrical engineering services, including shop
drawings/submittal review and site visits;
Second Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services. Page 3
2.04 Paragraph C4.01.A.1 contained in Exhibit "C" of the Agreement is hereby
amended to 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 $531,042.25 for both
phase of the Project based upon the rale schedule, which is attached as Appendix
1 of Exhibit C and incorporated herein for all intents and purposes, which amount
does not include those Engineer's Consultant's charges as provided below in this
Article 4, Subparagraph C4.05, to be distributed at the completion of each of the
phases in the following amount:
a. Preliminary Design Phase $ 67,832.65
b. Final Design Phase $ 314,806.60
c. Bidding and Negotiating Phase $ 24,527.80
d. Construction Phase $ 113,948.60
e. Post Construction Phase $ 9,926.60
2.05 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
1.1. The consultant charges shall not exceed the following amounts specified for
each of the following services, unless approved in writing by the OWNER. The
charges include the factor, and are as follows:
(1) Surveying $ 56,436.00
(2) Geotechnical $ 65,164.00
(3) Structural $ 45,200.00
(4) Electrical $ 13,000.00
3. Entire Agreement. The provisions of this Second Amendment and the provisions of 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 First Amendment and/or
the Agreement, the provisions of this Second Amendment shall control. Nothing
Second Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services. Page 4
contained in this Second 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 , 2008, the date of
execution by the City Manager.
CITY OF BAYTOWN
By:
GARRISON C. BRUMBACK, City Manager
ATTEST:
KAYTHIE DARNELL, City Clerk
APPROVED AS TO FORM:
1GNACIO RAMIREZ, SR., City Attorney
ATTEST:
letary \^
■enyFiles'.Enginei-ring* Engineering Aerccinciits'LiuujfordV
LANGFORD ENGINEERING, INC.
(Printed Name)
(Title)
Main Water Distribution and Snnilary Sewer Co1lection'.SK'OND AMUNDMI-NT.doc
Second Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services. Page 5
SECOND AMENDMENT
TO THE
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This Second Amendment ("Amendment") to that certain "Standard Form of Agreement
between Owner and Engineer for Professional Services" be,,ween the City of Baytown and
Langford Engineering, Inc., dated October 25. 2006. and amended on August 7. 2007. is made
b) and between the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS. the City of Baytown ("Owner") and Langford Engineering, Inc.,
Engineer") did enter into a Standard Form of Agreement between Owner and Engineer for
Professional Services associated with the North Main IH-10 Utility Project, on October 25. 2006
Agreement"): and
WHEREAS, the Owner and Engineer thereafter entered into the First Amendment to the
Agreement on August 7, 2007, in order for the Engineer to perform additional surveying and
geotechnical services based upon a change in the location of the sewer collection facilities
previously selected by the Owner; and
WHEREAS. the Owner hereby desires the Engineer to perform additional engineering
and subconsultant services for the following items:
1. re-evaluating design constrains related to anticipated seer flows in the Northeast
District Service Area;
2. adding a second regional lift station to be located on the west side of North Main.
approximately 3,600 feet south of 1H-10;
3. adding approximately 6,700 LF of sanitary sewer force from the proposed lift
station on 1-10 to the Northeast District Collection System at Sjolander and IH-10
and
4. preparing written legal descriptions for approximately forty (40) sanitary sewer
and construction easement tracts along North Main and IH-10 and two lift station
easements: and
WHEREAS. Engineer desires to perform the work specified herein in accordance with
the terms and conditions contained in this Amendment and the Agreement;
NOW THEREFORE. for and in consideration of the mutual covenants and agreements
herein contained. the parties hereto do hereby mutually agree as follows:
Second Amendment to the Standard Form of Agreement
bet%%een Owner and Engineer for Professional Services, Page I
I. Definitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this Second Amendment shall have the same meanings as in the
Agreement and First Amendment.
2. Amendments.
2.01 Paragraph A 1.0 LA contained in Exhibit"A" of the Agreement is hereby amended
to add a new subsection entitled subsection 5.5, which shall read as follows:
A 1.01 Preliminai-j-Design Phase
A. For the Preliminary Design Phase of the Project, ENGINEER
shall:
5.5 Perform or provide the following additional Preliminary Design
Phase tasks or deliverables:
a. re-evaluate estimated service area sanitary sewer flows
proposed near term and ultimate), to modify existing designs
for the proposed North Main Sanitary sewer improvements
based on updated TCEQ design flow criteria;
b. survey ing services for the preparation of approximately forty
40)sanitary sewer and construction easement tracts along North
Main and two lift station easements along North Main;
c. geotechnical services including borings and report to ascertain
sub-surface conditions and design criteria for a second lift
station and additional force main alignment along IH-10: and
d. structural engineering services for the design of a sanitary sewer
wet well dry well lift station structure to accommodate estimated
ultimate peak flow;
2.02 Paragraph A 1.02.A contained in Exhibit"A'' of the Agreement is hereby amended
to add a new subsection entitled subsection 2.5, which shall read as follows:
Al.02 Final Design Phase
A. After acceptance by OWNER of the Preliminary Design Phase
documents and revised opinions 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:
Second Amendment to the Standard Form of Agreement
between Owner and Env ineer for Professional Services, Page 2
5 Perform or provide the following additional Final Design Phase
tasks or deliN erables:
a. basic engineering services for:
i. the design, site layout. pump selection, piping design and
civil engineering aspects of a proposed lift station facility
located on 'forth Main, south of IH-10 and a proposed
interim force main from the site of the IH-10 lift station,
east to the existing collection system location at
Sjolander and IH-10. Lift station wet well dry pit
structure:
ii. lift station wet well/dry pit structure to be designed to
accommodate (estimated) ultimate peak flow with
interim pumps and piping: and
iii. consultation, plan, specification and detail preparation-
b. structural engineering services, including consultations. plans,
specifications and detail preparation;
c. electrical engineering services for the design of interim
components and controls for a sanitary sewer lift station.
including consultation plan, specification and detail preparation;
2.03 Paragraph A 1.04.A contained in Exhibit"A" of the Agreement is hereby amended
to add a new subsection entitled subsection 5.5, which shall read as follows:
A 1.04 Conso-tiction Phase
A. Upon successful completion of the Bidding and Negotiating Phase,
and upon written authorization from OWNER. ENGINEER shall for each phase of
the Project:
5 Perform or provide the follow ing additional Construction Phase
tasks or deliverables:
a. basic engineering services to consist of shop drawing/submittal
review, contractor estimates meetings and site visits;
b. structural engineering services, including shop
drawings:'submittal review and site visits; and
c. electrical engineering services, including shop
drawings:submittal review and site visits;
Second Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services, Page 3
2.04 Paragraph C4.01.A.1 contained in Exhibit "C" of the Agreement is hereby
amended to read as follows:
C4.01 For Basic Services Having A Determined Scope--Cost not to Exceed
Method of Puyment
A. OWNER shall pay ENGINEER for Basic Services set forth in
Exhibit A as follows:
1. (Modified) A cost not to exceed amount of $531,042.25 for both
phase of the Project based upon the rate schedule, which is attached as Appendix
1 of Exhibit C and incorporated herein for all intents and purposes, which amount
does not include those Engineer's Consultant's charges as provided below in this
Article 4, Subparagraph C4.05, to be distributed at the completion of each of the
phases in the following amount:
a. Preliminary Design Phase 67,832.65
b. Final Design Phase 314,806.60
C. Bidding and Negotiating Phase $ 24,527.80
d. Construction Phase 113,948.60
e.Post Construction Phase 9,926.60
2.05 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 LNGINEER's Consultants, those charges shall be the
amounts billed by ENGINEER's Consultants to ENGINEER times a Factor of
1.1. The consultant charges shall not exceed the following amounts specified for
each of the following services, unless approved in writing by the OWNER. The
charges include the factor, and are as follows:
1) Surveying 56,436.00
2) Geotechnical 65,164.00
3) Structural 45.200.00
4) Electrical 13.000.00
3.Entire Agreement. The provisions of this Second Amendment and the provisions of 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 First Amendment and.'or
the Agreement, the provisions of this Second Amendment shall control. Nothing
Second Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services,Page 4
contained in this Second 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 de ed to be ai ' inal, but all of which shall constitute but one
and the same amendment, this ' day of 2008. the date of
execution by the City Manager.
CITY OF B T
OP T WN B
A fy GARRISON C.MBACK, City Manager
v: T: •
cn
DARNELL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ. S it), Attorney
LANGFORD ENGINEERING, INC.
Signature)
rt
Printed Name)
V%C4U
Title)
A FTEST:
V/j
ec etary
R '.ren E dcs Engineering I ngutcenng Agreements I anglord\orth n"ater Di,lnbutton and Sannan Se\wr Collection sr(o\).\\tEXDME.\T doe
Second Amendment to the Standard Form of Agreement
between Owner and Enyineer for Professional Services. Page 5