Ordinance No. 11,191ORDINANCE NO. 11,191
AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF BAYTOWN. TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND
THE INTERIM CITY CLERK TO ATTEST TO THE THIRD AMENDMENT TO THE
PROFESSIONAL. SERVICES AGREEMENT WITH LANGFORD ENGINEERING.
INC.. FOR ENGINEERING SERVICES RELATED TO THE 1 -10 AND N. MAIN
UTILITY PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN
AN AMOUNT NOT TO EXCEED FORTY -SEVEN THOUSAND EIGHT HUNDRED
EIGHTY -SEVEN AND 32/100 DOLLARS ($47,887.32): 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 City Manager to execute and the Interim City Clerk to attest to the Third Amendment to the
Professional Services Agreement with Langford Engineering. Inc., for the 1 -10 and N. Main Utility
Project. A copy of the Third 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 Langford
Engineering. Inc.. in an amount not to exceed FORTY -SEVEN THOUSAND EIGHT HUNDRED
EIGHTY -SEVEN AND 32/100 DOLLARS ($47,887.32) for engineering services in accordance with the
Third Amendment authorized in Section I 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 alter its passage by the
City Council of the City of Baytown.
INTRODUCED. READ and PASSED by the affirmative vote ;�T it � ouncil of the City of
Baytown this the 10th day of Se tember, 2009.
ATTEST:
.FTICIA GARZA, Intery
APPROVED AS TO FORM:
STEPI- W H. DONCARLOS, M
ONTO V�A;
Ity Clerk 0 `•titer
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CRfNACIORAMIREZ, SR.. 'i Attorney
cobsn I legal Karen Files CnN Council Ordfn, xe, 2009 Septembcr 10 Langford3rdAmendmcnt2l- I O&NNIamUttlftyProject doc
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 Langford Engineering. Inc., dated October 25, 2006, and amended on August 7,
2007, and on June 4, 2008, is made by and between the same parties on the date hereinafter last
specified.
WITNESSETI -1:
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 1V1ain /IH -10 Utility Project, on October 25, 2006
( "Agreement ") for an amount not to exceed FIVE HUNDRED FIFTY -SEVEN THOUSAND
FORTY -TWO AND 25 /100 DOLLARS ($557.042.25); and
WHEREAS, the Owner and Engineer thereafter entered into the First Amendment to the
Agreement on August 7, 2007. ("First Amendment') 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 for an amount not to exceed NINE
THOUSAND AND NO /100 DOLLARS ($9.000.00) and
WHEREAS, the Owner and Engineer thereafter entered into the Second Amendment tc
the Agreement on August 7, 2007, ("Second Amendment') in order for the Engineer to perform
additional engineering and subconsultant services for the following items:
1. re- evaluating design constraints related to anticipated sewer flows in the
Northeast District Service Area:
?. adding a second regional lift station to be located on the west side of North Main,
approximately 3,600 feet south of IH -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 t%o lift station
easements:
for an amount not to exceed ONE HUNDRED SIXTY -FOUR THOUSAND EIGHT
HUNDRED AND NO /100 DOLLARS ($164,800.00): and
Third Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services. Page I
WHEREAS. Owner now desires Engineer to perform additional engineering and
subconsultant services for the following items:
I. addition of permanent, automatic starting standby generators at proposed Lift
Station No. I and No. 2: and
2. addition of permanent structures to shelter pump/valve pits and lift station
controls. including accommodations for monorail lifting equipment at proposed
Lift Station No. I and No. 2
for an amount not to exceed FORTY -SEVEN THOUSAND EIGHT HUNDRED
EIGHTY -SEVEN AND 32/100 DOLLARS (S47.887.32); and
WHEREAS, Engineer desires to perform the work specified herein in accordance with
the terms and conditions contained in this Third Amendment, 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:
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 1.02.A.2.5 contained in Exhibit "A" of the Agreement is hereby
amended to read as follows:
A 1.02 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:
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 I H -10 and a proposed
interim force main from the site of the IH -10 lift station, cast
Third Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services. Page 2
to the existing collection system location at Sjolander and
111 -10:
2. lift station wet well /dry pit structure to be designed to
accommodate (estimated) ultimate peak flow with interim
Pumps and piping:
3. consultation, plan, specification and detail preparation;
4. the design, site layout, equipment selection, coordination of
electrical and control layout for two proposed standby
generators, including fuel design, site layout and drainage
improvements to accommodate proposed steel frame
structures to shelter pump /valve pits and lift station controls,
including accommodation for monorail lifting equipment at
Litt Stations No. I and No. 2;
b. structural engineering services.
I. including consultations, plans, specifications and detail
preparation; and
I. for the design of structural elements associated with steel
frame shelters at each lift station, including framing
necessary to accommodate monorail lifting system and
construction phase services, including site visits and
submittal review. Shelters shall be designed for 130 mph
wind loading in accordance with the OWNER's
requirements:
c. electrical engineering services for:
I. the design of interim components and controls for a sanitary
sewer lift station, including consultation plan, specification
and detail preparation; and
2. the design and control layouts necessary for automatic
starting standby generators at the two (2) proposed lift
station facilities associated with this project. and
construction phase services including site visits and
submittal reviews:
2.03 Paragraph A 1.04.A.5.5 contained in Exhibit "A" of the Agreement is hereby to
read as follows:
A 1.01 Consn-uc-tion Phase
A. Upon successful completion ofthe Bidding and Negotiating Phase,
and upon %\ritten authorization from OWNER, ENGINEER shall for each phase of
the Project:
Third Amendment to the Standard Form of Agreement
between Owner and Eneineer for Professional Services, Page 3
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;
c. electrical engineering services, includinu shop
drawings /submittal review and site visits;
d. basic engineering services to consist of shop drawing /submittal
review, contractor estimates meetings and site visits during
construction associated with:
1. the addition of permanent, automatic starting standby
generators at proposed Litt Station No. I and No. 2: and
2. the addition of permanent structures to shelter pump/valve
pits and lift station controls, including accommodations for
monorail lifting equipment at proposed Lift Station No. I
and No. 2:
2.04 Paragraph C4.01.A.1 contained in Exhibit "C" of the Agreement is hereby
amended to read as follows:
C4.01 Fa• Betsic Services Huving.4 Determine(/ Scope —Cost not to Exceed
.Welhoc/ of Pavment
A. OWNER shall pay ENGINEER for Basic Services set forth in
Exhibit A as follows:
I . (Modified) A cost not to exceed amount of S567.042.25 for both
phases of the Project based upon the rate schedule. which is attached as Appendix
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 S 67.832.65
b. Final Design Phase S 337,918.54
C. Bidding and Negotiating Phase S 24.527.80
d. Construction Phase S 117.471.98
e. Post Construction Phase S 9.926.60
2.05 Paragraph C4.05.A contained in Exhibit "C" of the Agreement is hereby amended
to read as follows:
Third .-amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services, Page 4
C4.05 For ENGLVEER 's Consithant '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 follow in, amounts specified for
each of the following services, unless approved in writing by the OWNER. The
charges include the factor, and are as follows:
(I ) Surveying
S
56.436.00
(2) Geotechnical
S
65.164.00
(3) Structural
$
60,952.00
(4) Electrical
$
18.500.00
Entire Agreement. The provisions of this Third Amendment and the provisions of the
Second Amendment, 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 Second
Amendment. First Amendment and /or the 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 2009, the date of
execution by the City Manaaer.
CITY OF BAYTOWN
By:
GARRISON C. BRUMBACK. City Managcr
ATTEST:
LEI-TIE GARZA. Interim City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ. SR., City Attorney
Third amendment to the Standard Form of aereement
between 0%%ner and Ensineer for Professional Services, Nee 5
ATTEST:
MCI. Mv-
LANGFORD ENGINEERING, INC.
Qy: v
(Signature)
(Printed RName)
("Title)
R Karen Fil— E-ngtncenng'&tpuaenng Agrccmcnu Lang lord Surth Slam \Tatar Di- tnbuuon and Sannan So%%er Col titton 1111RD AM Ro ts.dAsc
Third .Amendment to the Standard Form of Aureement
hetN +-een Owner and Eneineer for Professional Services, Page 6
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 Langford Engineering, Inc., dated October 25, 2006, and amended on August 7,
2007. and on June 4, 2008, 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") for an amount not to exceed FIVE HUNDRED FIFTY-SEVEN THOUSAND
FORTY-TWO AND 25.1100 DOLLARS ($557.042.25); and
WHEREAS, the Owner and Engineer thereafter entered into the First Amendment to the
Agreement on August 7, 2007, ("First Amendment') 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 for an amount not to exceed NINE
THOUSAND AND NO/100 DOLLARS ($9,000.00) and
WHEREAS, the Owner and Engineer thereafter entered into the Second Amendment to
the Agreement on August 7, 2007, ("Second Amendment') in order for the Engineer to perform
additional engineering and subconsultant services for the following items:
1. re-evaluating design constraints 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 IH-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 1H-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;
for an amount not to exceed ONE HUNDRED SIXTY-FOUR THOUSAND EIGHT
HUNDRED AND NO/100 DOLLARS ($164,800.00); and
Third Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services, Page
WHEREAS, Owner now desires Engineer to perform additional engineering and
subconsultant services for the following items:
1. addition of permanent. automatic starting standby generators at proposed Lift
Station No. 1 and No. 2; and
2. addition of permanent structures to shelter pump/valve pits and lift station
controls, including accommodations for monorail lifting equipment at proposed
Lift Station No. 1 and No. 2
for an amount not to exceed FORTY-SEVEN THOUSAND EIGHT HUNDRED
EIGHTY-SEVEN AND 32 100 DOLLARS ($47.887.32); and
WHEREAS. Engineer desires to perform the work specified herein in accordance with
the terms and conditions contained in this Third Amendment, 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 Second Amendment shall have the same meanings as in the
Agreement and First Amendment.
2. Amendments.
2.01 Paragraph A 1.02.A.2.5 contained in Exhibit "A" of the Agreement is hereby
amended to read as follows:
A 1.02 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:
2.5 Perform or provide the following additional Final Design Phase
tasks or deliverables:
a. basic engineering services for:
1. 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
Third Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services, Page 2
to the existing collection system location at Sjolander and
IH-10;
2. lift station wet well/dry pit structure to be designed to
accommodate (estimated) ultimate peak flow with interim
pumps and piping;
3. consultation, plan, specification and detail preparation;
4. the design, site layout, equipment selection, coordination of
electrical and control layout for two proposed standby
generators, including fuel design, site layout and drainage
improvements to accommodate proposed steel frame
structures to shelter pump/valve pits and lift station controls,
including accommodation for monorail lifting equipment at
Lift Stations No. 1 and No. 2;
b. structural engineering services,
1. including consultations, plans, specifications and detail
preparation; and
2. for the design of structural elements associated with steel
frame shelters at each lift station, including framing
necessary to accommodate monorail lifting system and
construction phase services, including site visits and
submittal review. Shelters shall be designed for 130 mph
wind loading in accordance with the OWNER's
requirements;
c. electrical engineering services for:
1. the design of interim components and controls for a sanitary
sewer lift station, including consultation plan, specification
and detail preparation; and
2. the design and control layouts necessary for automatic
starting standby generators at the two (2) proposed lift
station facilities associated with this project, and
construction phase services including site visits and
submittal reviews;
2.03 Paragraph A1.04.A.5.5 contained in Exhibit "A" of the Agreement is hereby 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 for each phase of
the Project:
Third Amendment to the Standard Form of Agreement
between Owner and Eneineer for Professional Services,Page 3
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;
c. electrical engineering services, including shop
drawings/submittal review and site visits;
d. basic engineering services to consist of shop drawing/submittal
review, contractor estimates meetings and site visits during
construction associated with:
1. the addition of permanent, automatic starting standby
generators at proposed Lift Station No. 1 and No. 2; and
2. the addition of permanent structures to shelter pump/valve
pits and lift station controls, including accommodations for
monorail lifting equipment at proposed Lift Station No. 1
and No. 2;
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 $557,677.57 for both
phases 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 337,918.54
C.Bidding and Negotiating Phase 24,527.80
d.Construction Phase 117,471.98
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:
Third Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services,Page 4
C4.05 For ENGLVEER'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 b) the OWNER. The
charges include the factor, and are as follows:
1) Surveying 56,436.00
2) Geotechnical 65,164.00
3) Structural 60,952.00
4) Electrical 18.500.00
3. Entire Agreement. The provisions of this Third Amendment and the provisions of the
Second Amendment. 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 Second
Amendment, First Amendment and/or the 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 deem to be an o ' final but all f which shall constitute but one
and the same amendment, this ay of 2009, the date of
execution by the City Manager.
CITY F Y WN-
By:
GA SO RUMBACK, City Manager
LST:
LETTIE GA A, I ri City Clerk
lb!"
APPROVED AS TO FORM: a'
ACIO RAMIREZ, R City Attorney
Third Amendment to the Standard Form of Ap-reement
between Owner and Engineer for Professional Services, Page 5
LANGFORD ENGINEERING, INC.
By:
Slggnature)
l Cf7f1Y 4.#4"IA), .
Printed Name)
Title)
ATTEST:
retary
R Karen Files CnguieeringlEngineenng Agrcements%Langford'Xorth Main Water Distribution and sanitary Sewer Collection'THIRD ANIEXDMEXT Rey ised.doc
Third Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services,Page 6