Loading...
Ordinance No. 11,395ORDINANCE 1-40.11,395 AN ORDINANCE OF THE CITY COLTNCIL. OF THE CI "I'Y OF BAYTOWN, TEXAS_ AUTHORIZING AND D1RECTINO THE CITY MANAGER -I'O EXECUTE AND THE CITY CLERK TO ATTEST TO THE FOURTH AMENDMENT TO -1 -HE PROFESSIONAL SERVICES AGREEMENT FOR FINAL DESIGN SERVICES FOR THE NOR'I'l I MAIN AND 1 -1 O UTILITY PROJECT WITf I LANOFORD ENGINEERING. INC.; AUTI IOtZIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FORTY -STX THOUSAND SEVENTY- THREE AND 69/100 DOLLARS ($46,073.69); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. **************** * * * * ** * * * ** ** *** * *��� *WW*�& *WW4- *****:-« ** * * * *** * * * * * ****. ** * * * *** * * ***WW BE IT ORDAINED BY THE CITY COUNCIL OF TILE CITY OF BAYTOWN, `I-EXAS: 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 for final design services for the North Main and 1 -10 Utility Project with Langford Engineering. Inc. A copy of said Fourth Amendment is attached hereto_ marked Exhibit "A," and made a part hereoffor 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 FOR"I -Y -SIX Tl- IOUSAND SEVENTY -THREE AND 69/100 DOLLARS ($46,073.69) for engineering services in accordance with the Amendi -lent authorized in Section I hereinabove. Section 3: This ordinance shall take effect immediately froln and after its passage bythe City Council of the Citv of Bavtown. IN "PRODUCED, READ and PASSED by the affirmative vote of the CipP4 ouncil of the City of Baytown this the 22nd day of July_ 2010- APPROVED AS TO FORM: AC10- RAMIREZ. SR__ ri Attornev PHEW-FF. DONCARLOS , May \ \cobsrvl \legit[ \Karen \Files \City Coetneil \Ordittances\2010Uuiy 22\} luihorizeFourthArt iendtnen twitltL�ttg£ ord4NorthMainl- IOUtilityYroject_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 Langford Engineering. Inc.. dated October 25, 2006, and amended on August T 2007, and on June 4, 2008, and on September 15, 2009, 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 25/100 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 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 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 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 IH -10 and 4. preparing written legal descriptions for approximately forty (40) sanitary sewer and construction easement tracts along North Main and 1H -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 Fourth Amendment to the Standard Form of Agreement between Owncr and Engineer for Professional Services, Page 1 WHEREAS, the Owner and Engineer thereafter entered into the Third Amendment to the Agreement on September 15, 2009, ("Third Amendment ") in order for the Engineer to perform additional engineering 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, Owner now desires Engineer to perform additional engineering and services for the following items: 1. revise plan and profile sheets. plus affected detail sheets to add approximately 21,600 LF of dual 6" communication conduit parallel to the proposed water and sewer improvements, including revisions and /or redesign of bored and /or cased crossings including IH -10 at North Main; 2. add a specification item for conduit, pull boxes and trench construction requirements: 3. revise bid documents to include two alternate bid items for communication conduit bid prices for the following locations: Alternate l: north of Archer Road by Baytown Christian Academy to North of IH -10 Alternate 2: N. Main to Sjolander north of 1 -10; and 4. resubmit affected sheets to pipeline companies for review and approval; and WHEREAS, Engineer desires to perform the work specified herein in accordance with the terms and conditions contained in this Fourth Amendment, the 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 Fourth Amendment shall have the same meanings as in the Agreement and First, Second and Third Amendments. 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 Fourth Amendment to the Standard Form of Agreement between Owner and Engineer for Professional Services, Page 2 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 to the existing collection system location at Sjolander and IH -10; 2. lift station wet well /dry pit stricture 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 purnp /valve pits and lift station controls, including accommodation for monorail lifting equipment at Lift Stations No. I and No. 2; 5. the communication conduit: (a) revise plan and profile sheets, plus affected detail sheets to add approximately 21,600 LF of dual 6" communication conduit parallel to the proposed water and sewer improvements, including revisions and /or redesign of bored and /or cased crossings including IH- 10 at North Main; (b) add a specification item for conduit, pull boxes and trench construction requirements; (c) revise bid documents to include two alternate bid items for communication conduit bid prices for the following locations: Alternate I: north of Archer Road by Baytown Christian Academy to North of 1H- 10 Alternate 2: N. Main to Sjolander north of 1 -10; and Fourth Amendment to the Standard Form of Agreement between Owner and Engineer for Professional Services, Page 3 (d) resubmit affected sheets to pipeline companies for review and approval. a. structural engineering services, I. 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; b. 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; 2.02 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: I . (Modified) A cost not to exceed amount of $603,751.26 for all phases of the Project based upon the rate schedule, which is attached as Appendix I 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 $ 378,584.53 C. Bidding and Negotiating Phase $ 24.527.80 d. Construction Phase $ 122,879.68 e. Post Construction Phase $ 9,926.60 Fourth Amendment to the Standard Form of Agreement between Owner and Engineer for Professional Services, Page 4 3. Entire Agreement. The provisions of this Fourth Amendment and the provisions of the I 'hird Amendment, 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 Fourth Amendment and the provisions of the Third Amendment, Second Amendment, First Amendment and /or the 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 2010, the date of execution by the City Manager. CITY OF BAYTOWN By: GARRISON C. BRUMBACK, City Manager ATTEST: LETTIE GARZA. City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney LANGFORD ENGINEE NG, INC. By: (Signature) pp /1 mayyy 4. 14441A,) (Printed Name) JG,6 PA&-e t&7J7— (Title) ATTEST: retary t:1F.srenVFileslEn reen.;glFnyaeeri�g AjpeementskLwgford`NorJt Mai uer Dtstrbutro and Smiury Sewer Collevion FOURTH AMENDMENT P— sed -da Fourth Amendment to the Standard form of Agreement between Owner and Engineer for Professional Services, Page 5 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 Langford Engineering. Inc., dated October 25, 2006, and amended on August 7, 2007, and on June 4, 2008, and on September 15, 2009. 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 25/100 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 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 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 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 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; for an amount not to exceed ONE HUNDRED SIXTY-FOUR THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($164,800.00); and Fourth Amendment to the Standard Form of Agreement between Owner and Engineer for Professional Services,Page 1 WHEREAS, the Owner and Engineer thereafter entered into the Third Amendment to the Agreement on September 15. 2009, ("Third Amendment'') in order for the Engineer to perform additional engineering 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 pumpivalve 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, Owner now desires Engineer to perform additional engineering and services for the following items: 1. revise plan and profile sheets, plus affected detail sheets to add approximately 21,600 LF of dual 6" communication conduit parallel to the proposed water and sewer improvements, including revisions and/or redesign of bored and,'or cased crossings including IH-10 at North Main; 2. add a specification item for conduit, pull boxes and trench construction requirements; 3. revise bid documents to include two alternate bid items for communication conduit bid prices for the following locations: Alternate 1: north of Archer Road by Baytown Christian Academy to North of IH-10 Alternate 2: N. Main to Sjolander north of I-10; and 4. resubmit affected sheets to pipeline companies for review and approval; and WHEREAS, Engineer desires to perform the work specified herein in accordance with the terms and conditions contained in this Fourth Amendment, the 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 Fourth Amendment shall have the same meanings as in the Agreement and First, Second and Third Amendments. 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 Fourth Amendment to the Standard Form of Agreement between Owner and Engineer for Professional Services, Page 2 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 folloA ing 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 1H-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; 5. the communication conduit: a) revise plan and profile sheets, plus affected detail sheets to add approximately 21,600 LF of dual 6" communication conduit para'lel to the proposed water and sewer improvements, including revisions and/or redesign of bored and/or cased crossings including IH- 10 at North Main; b) add a specification item for conduit, pull boxes and trench construction requirements; c) revise bid documents to include two alternate bid items for communication conduit bid prices for the following locations: Alternate 1: north of Archer Road by Baytown Christian Academy to North of IH- 10 Alternate 2: N. Main to Sjolander north of I-10; and Fourth Amendment to the Standard Form of Agreement between Owner and Engineer for Professional Services,Page 3 d) resubmit affected sheets to pipeline companies for review and approval. a. 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; b. 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; 2.02 Paragraph C4.01.A.1 contained in Exhibit "C" of the Agreement is hereby amended to read as follows: C4.01 For Basic Services Haring 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$603,751.26 for all 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 378,584.53 C.Bidding and Negotiating Phase 24,527.80 d. Construction Phase 122,879.68 e.Post Construction Phase 9,926.60 Fourth Amendment to the Standard Form of Agreement between Owner and Enaineer for Professional Services, Page 4 3. Entire Agreement. The provisions of this Fourth Amendment and the provisions of the Third Amendment, 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 Fourth Amendment and the provisions of the Third Amendment, Second Amendment, First Amendment and/or the 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 d eTe to beqakrignal, but all of which shall constitute but one and the same amendment, this ay o 2010, the date of execution by the City Manager. OF A if 0 -By: GARRISON C. B BACK, City Manager 4. TEST Oh ca ET IE GARZ rty Cl- 77 rk APPROVED AS TO FORM: N1!10AMIREZ, SR., i Attorney LANGFORD ENGINEE NG, INC. By.1 Signature) Printed Name) Title) ATTEST: Aw"LW+L retary R UCarenlFdes\EnyneenngNEngeneenng Agreements Langford Korth Mat ater Distribution and Sanrtan Sewer Collection FOURTH A\1EXDME\T Rewsed.doc Fourth Amendment to the Standard Form of Agreement between Owner and Engineer for Professional Services,Page 5