Ordinance No. 11,467(JRDINANC.F` NO. 11,467
AN ORDINANCL 01: 'fill," CITY COI �NCIL OF' THL CITY OF BAYTOWN, TE'XAS,
AUTHORIZING AND D[RECTIN(iTIIFCITY MANAGEIRTO F',XF-'CUTE AND THE cTrY
CLU'RK TOATH,,.STTOTI IE FIFTH ANIFNI)NIFINT'"VOTI IE PROFESSIONAL SERVICES
FINAL DESIGN Sl,--1'RVICI,,`1S FOR ,run.'NORT11 MAIN. NDI- I OUTILITY
PROJECT WITH LANGFORD l,-'NG1NI`ER1NG, INC.; AUTHORIZING PAYMENT IN AN
AN10()N'I'NOI"[*OEX(. 'I--.'I"[)'I'\kll"N'I'Y-NINIm"'['IlOt.IS)\Nl') FOURHUNDREDEIGHTY AND
NO/100 DOLLARS (S29,480,00); MAKINGari IF" ' it PROVISIONS RELATEDTHERF-FO; AND
PROVIDING FORTI IE EFFECTIVE D�A FETI IEREOF.
BE ITORDAINED BY THE CITYCOUNCIL, OF TI 11"
Section 1: That the City Council ofthe City ofBaylown,"I'exas, hereby authorizes and directs the City
Manager to execute and the City Clerk lo attest to the Fillh Amendment to the Professional Services Agreement for
final design services t1or the North Main and I -10 LAility ProJect with kingford Engineering, [tic. A copy ofsaid Fifill
Amendment is attached licrew, marked E'xhibit "A," and madca part hereoff'or all intents nand purposes.
Section 2: That tile City Council of the City (,It' Baytown authorizes funds payable to I-angford,
Engineering, hic., ill anal-iloUllt not to cxcecdTWEN'I*Y-N INE''I'l- IOU SAN I,) FOUR HUNDRE-1) FIGHTY AND
NO/100 DOLLARS ($29,480,00) Im engineering services ill accordance with the Amendment authorized ill
Section I hereinabove.
Section 3: This cndillance shall take efl�ct innnediately 1'rom and after its passage by the City, Council (11'
the City 01'13aytown, /1,
TI O")DUEDADtnd R \SSFX) by, theaffin-tiative vole ofthe C I lie 14"' dof'Odobcr, 20 10.
APPROVED AS TO FORM:
?i1t Na AtC 10 R A M I R I" Z, SEA:,, i Attorney
6121
ncil of the City, offlaylown Ill is
DONC,ARLOS, Mayor
Exhibit "A"
FIFTH AMENDMENT
TO THE
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS
c
COUNTY OF HARRIS
This Fifth Amendment ( "Fifth 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, and on July 22, 2010, 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 (5557.042.25); and
WHEREAS, the Owner and Engineer thereafter entered into the First Amendment to the
Agreement on August 7, 2007, (**First Amendmenf') 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/] 00 DOLLARS ($9.000.00); and
WHEREAS, the Owner and Engineer thereafter entered into the Second Amendment to
the Agreement on June 4, 2008, ("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 -l0;
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 -l0 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
WHEREAS, the Owner and Engineer thcreaiier 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:
I. addition of permanent, automatic starting standby generators at proposed Lift
Station No. I and No. 2; and
2. addition of permanent structures to sheltr 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 - SEVCN AND 32/100 DOLLARS ($47,887.32); and
WHEREAS, the Owner and Engineer thereafter entered into the Fourth Amendment to
the Agreement on July 22, 2010, ("Fourth Amendment") in order for the Engineer to perform
additional engineering 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: south of Archer Road by Baytown Christian Academy to
North of 1H -10
Alternate 2: N. Main to Sjolander north of 1 -10; and
4. resubmit affected sheets to pipeline companies for review and approval; and
for an amount not to exceed FORTY -SIX THOUSAND SEVENTY -THREE AND
69/100 DOLLARS ($46,073.69); and
WHEREAS, to accommodate future right -of -way alignment of N. Main, the Owner
desires to revise the location of the proposed sanitary sewer lines, which necessitates additional
surveying services, and to add communication conduit along the realignment for an amount not
to exceed TWENTY -NINE THOUSAND FOUR HUNDRED EIGHTY AND NO /100
DOLLARS ($29,480.00); and
WHEREAS, Engineer desires to perform the work specified herein in accordance with
the terms and conditions contained in this Fifth Amendment, the 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:
Fifth Amendment to the Standard Form of Astreament
henveen Owner and Enninecr for Professional , Page 2
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redesign of bored and/or cased crossings including 114-
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: south or Archer Road by Baytown
Christian Academy to North of 111-
10
Alternate 2: N. Main to Sjolander north of 1 -10;
and
(d) resubmit affected sheets to pipeline companies for
review and approval;
b. structural engineering services,
1. including consultations, plans. specifications and detail
preparation: and
2. for the design of structural elements associated with steel
i'mme 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;
e. 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;
d. surveying services, including:
1. establishing horizontal and vertical control for the Project on
the OWNER datum;
2. stake proposed right -of -way at 100' sta and P. I.;
3. cross sections at 100' intervals (east R.O.W. expansion);
4. visible utilities with flow lines;
5. one call for dry utilities with locate;
6. locate surface improvements within proposed right -of-
way /easement;
7. verify right -of- -way alignment (existing);
Fifth Amendment to the Standard Form of Agreement
between Owner and Engine r for Prorellional Services, Page 4
8. relate to OWNER datum;
9. furnish filed notes/sketches and point data;
10. record research/abstracting for proposed easements;and
11. furnish sealed easement descriptions and exhibits.
ENGINEER shall complete the design phase and perform
services that are necessary to revise the location of the proposed
sa,iitary sewer, and add 2 six-inch communication conduits
along the sewer alignment.
2.02 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
amo .nts billed by ENGINEFR'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 $ 85,916.00
(2) Geotechnical $ 65,164.00
(3) Structural $ 60,952.00
(4) Electrical $ 18,500.00
3. Entire Agreement. The provisions of this Fifth Amendment and the provisions of the
Fourth Amendment, 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 Fifth Amendment
and the provisions of the Fourth Amendment. Third Amendment, Second Amendment,
First Amendment and/or the Agreement, the provisions of this Fifth Amendment shall
control. Nothing contained in this Fifth 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 deerpM to be an original, but all of which shall constitute but one
and the same amendment, this day of October , 2010, the date of
execution by the City Manager.
CITY YT WNW
By:
GARRISON C UMBACK, City Manager
Fifth Amendment to the Standard Form.of Agreement
bet,"een Owner and Engineer for Professional Services,Page 5
ATT T: A(T
L OICIA GA A# City
APPROVED AS
NACIO RAMIREZ, SR., Cit torney
LANGFORD ENGINEERING, INC.
By:
(Signs ure)
(Printed Name)
(Title)
ATTEST:
ortary
R Karen Files Engneenng\Engmeenng AgreementsU.angford%onh\lam\\ater Distnbm,on and Smory Server CollecttonTlFTH AMENDMENT doc
Fifth Amendment to the Standard Form of Agreement
bemeen Owner and Engineer for Professional Services,Page 6