Ordinance No. 11,006ORDINANCE NO. 11,006
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 FOURTH AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH KLOTZ ASSOCIATES, INC.,
FOR ENGINEERING SERVICES RELATED TO THE FINAL DESIGN OF PHASE IV
OF THE STREET BOND PROGRAM; AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWELVE THOUSAND SEVEN
HUNDRED SIXTY-FIVE AND NO/100 DOLLARS ($12,765.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
WHEREAS, the City of Baytown and Klotz Associates, Inc., ("Klotz") did enter into an
Engineering Services Agreement, dated May 24, 2006 ("Agreement") for Phase IV of the Street Bond
Program ("Project"); and
WHEREAS, the City and Klotz amended the Agreement on October 3, 2008, December 20,
2006, and August 9, 2007, for Klotz to provide additional engineering services associated with the
Project; and
WHEREAS, the City and Klotz desire to amend the contract again for Klotz to provide
engineering services related to the final design of the Project; 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 and
directs the City Manager to execute and the City Clerk to attest to the Fourth Amendment to the
Professional Services Agreement with Klotz Associates, Inc., for final design services associated with
Phase IV of the Street Bond Program. A copy of the Fourth 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 payment to Klotz
Associates, Inc., in an amount not to exceed TWELVE THOUSAND SEVEN HUNDRED SIXTY-FIVE
AND NO/100 DOLLARS ($12,765.00) for engineering services in accordance with the Fourth
Amendment 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 y/fe!of the City Council of the City of
Baytown this the 23rd day of October, 2008.
ATTEST:
KAYTMIE DARNELDheity Clerk
APPROVED AS TO FORM:
&CIO RAMIREZ, SR., Cit/Attorney
ST#PHEN-H. DONCARLOS, Mayor
"cobsrv I \Legal\Karen\FHes\City Council\Ordinances\2008\Octobcr 23\Klotz4thAmendmcnlStrcclBondPiogiain.doc
Exhibit "A"
FOURTH AMENDMENT
TO THE
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This Fourth Amendment ("Fourth 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 subsequently amended, 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, the Agreement was thereafter amended and approved by the City Council of the
City of Baytown on July 12, 2007, for Engineer to perform final design and related bidding and
construction services for West Gulf, Schilling, Caldwell and Rollingwood ("Third Amendment");
and
Fourth Amendment lo the Standard Form of Agreement
between Owner and Engineer for Professional Services. Page I
WHEREAS, the City desires that the contract be amended again for the design of drainage
improvements on North Holly Drive in conjunction with the Project, and
WHEREAS, Engineer desires to perform the work specified herein in accordance with the
terms and conditions contained in this Fourth Amendment together with those of the Third
Amendment and the Second Amendment, the First 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:
1. Definitions. Unless a different meaning clearly appears from the context, words and phrases
as used in this Fourth Amendment shall have the same meanings as in the Agreement, the
First Amendment, Second Amendment and the Fourth 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 and Second Amendments shall be revised to include the
drainage improvements specified herein for North Holly Drive.
2.02 Part 1 of Exhibit A is hereby amended to include the following design phase services:
ENGINEER will design drainage improvements for North Holly Drive, including
replacing and lowering the existing storm sewer on North Holly Drive from the north
side of the intersection of North Holly Drive and Caldwell Street to the 24-inch
crossing under North Holly Drive and the junction boxes on either side of North
Holly Drive. ENGINEER'S design will include the upsizing of the storm sewer to a
30-inch pipe, which will be designed at the lowest possible elevation to tie into the
existing outfall pipe to provide additional depth for the storm sewer. The design will
include a replacement of the storm sewer on North Holly Drive and the two junction
boxes on either side of North Holly Drive and will be included as part of the
Reconstruction of West Gulf Avenue, Schilling Avenue, Caldwell Street and
Rollingwood Drive plan set. The design services for these drainage improvements
will include the following:
1. Obtain additional topographic survey;
2. Calculate drainage areas and flows for the S-year storm event using the
Rational Method per Harris County criteria;
3. Determine if the proposed pipe can convey the S-year storm event using
normal depth calculations;
4. Adjust quantity take-offs and cost estimates to include necessary design
revisions for the drainage structure;
5. Coordinate the proposed design with the owner;
6. Incorporate the work on North Holly Drive into the Storm Water Pollution
Prevention Plan drawings;
7. Incorporate the construction of the work on North Holly Drive into the
Fourth Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services. Page 2
Traffic Control plan per Harris county requirements;
8. Prepare detailed drawings of the proposed storm sewer to be included in the
reconstruction of West Gulf Avenue, Schilling Avenue, Caldwell Street and
Rollingwood Drive plan set. The proposed storm sewer and junction boxes
will be shown on two additional plan and profile sheets and the details will be
prepared on separate sheets; and
9. Submit the design to the City for comments and address the same.
2.03 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 $432.900. 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-Conslr 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
d. For North Holly Drive Drainage Improvements
(1) Preliminary and Design Phase $9,100
2.04 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
Fourth Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services. Page 3
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
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
d. For North Holly Drive Drainage Improvements
(1) Preliminary & Design Phase $ 200
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 ofl.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
fourth Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services. Page 4
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
g. Environmental Consulting Services for Streets Nos.
land 2
1) Design/Bidding/Constr/Post-Constr
Phases $13,750
h. Topographic Surveying Services For North Holly
Drive Drainage Improvements
(1) Preliminary & Design Phase $3,465
3. Entire Agreement. The provisions of this Fourth Amendment and the provisions of the Third
Amendment, 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 Fourth Amendment and the provisions of the
First Amendment, the Second Amendment, the Third Amendment or Agreement, the
provisions of this Fourth Amendment shall control. Nothing contained in this Fourth
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:
IGNACIO RAMIREZ, SR., City Attorney
Fourth Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services. Page 5
KLOTZ ASSOCIATES, INC.
By:.
(Signature)
(Printed Name)
(Title)
ATTEST:
Secretary/
R:\Karen\fiIci\Eneineerin8\EnBineerine AgreanenaiKIotaASttcet Bond ProEmm Phaw IV -Kilgote Roid ft Bob Smith ItoaAFouithAmendmenidoc