Ordinance No. 11,809ORDINANCE NO. 11,809
AN ORDINANCE CSI' TIII CITY COUNCIL 01, 1 1 HE CITY OFBAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGE"R TO EXECUTE AND
THE' CITY CLERK TO ATTF�'ST TO THE FARST AMENDMENT ro Ti-iL
PROFESSIONAL SERVICES AGREEMENT WITH ATKINS NORI-1-1 AMERICA,
INC., SUCCESSOR IN INTF'1REs,r i-o POST, BUCKLEY, SCI-1UH & JERNIGAN,
INC., F'OR TFIE'BAKER ROAD EXTENSION PROJECT; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEEM
ONE HUNDRED THIRTEEN TIJWJSAND SIX AND NO/100 DOLLARS
($113,006,00); AND PROVIDING FOI THE EF'FECTIVE DATETHERE"OF,
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * *** * *4, * * * *** :* * * * * * * * * * * * * * * * * * * * * * * * *
BE ITORDAINED B Y11-1 E CITY COUNCIL OF "L CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council ol'the City of' Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to the First Amendment to the
Professional Services Agreement with Atkins North America, Inc., successor in interest to Post, Buckley,
Schuh & Jernigan, Inc,, for the Baker Road Extension Project, A copy of'said amendment is attached
hereto, marked Exhibit "A," and made a part hereof or all intents and purposes,
Section 2: That tile City Council of' the City of Baytown authorizes payment to Atkins
North America, Inc., stwcessor in interest to Post, BUCkICY, SCIM11 &Jernigan, Inc,, in an arnOUnt not 10
exceed ONE HUNDRED THIRTEEN THOUSAND SIX AND NO/100 DOLLARS ($113,006.00) for
professional engineering services in accordance with the amendment.
Section 3: This ordinance shall take effect immediately From and after its passage by the
City COLHICH of the City of Baytown. Z117
IN-I-RODUCED, READ and PASSED by the affirmative vote ol'th(!eCity Council of the City of'
Baytown this the 8"' clay of" December, 2011. A
A1 7 1' EPFIF1N 11, DONCARLOS,
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APPROVED =0 FORM:
AC iO RaAMMEZ, SR., C "'ty Attorricy
%\(1'ob(',s0 I qcga1\Karen%1-Acs 0ty Counci I hOrdimmccs\201 I\December 8\11135 &J thike rRoad I II doc
Exhibit "A"
FIRST AMENDMENT
TO THE
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
ATKINS NORTH AMERICA, INC., SUCCESSOR IN INTEREST TO POST, BUCKLEY,
SCHUH & JERNIGAN, INC.
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment ( "Amendment ") to that certain "Professional Services Agreement"
between the City of Baytown and Atkins North America, Inc., successor in interest to Post,
Buckley, Schuh & Jernigan, Inc., dated the 27'h day of August, 2010, is made by and between
the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, the City of Baytown (the "City ") and Atkins North America, Inc., successor
in interest to Post, Buckley, Schuh & Jernigan, Inc., ( "Professional ") did enter into a Professional
Services Agreement, dated the 27'h day of August, 2010, ( "Agreement ") to perform engineering
services related to the Baker Road Extension Project (the "Project"); and
WHEREAS, the City now desires Professional to perform additional services related to
this Project based upon the City's review of the Preliminary Design Phase Documents and
subsequent meetings and correspondence with Professional; and
WHEREAS, the City and Professional agree to amend the Agreement for the additional
engineering and environmental services associated wilh the Project in accordance with the
Agreement and the revisions incorporated herein; and
WHEREAS, the cost of these additional services as authorized herein is ONE
HUNDRED TH IRTEEN THOUSAND SIX AND NO /l00 DOLLARS ($113,006.00);
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 Amendment shall have the same meanings as in the Agreement.
Amendments. The amendments specified in this First Amendment pertain to the
Environmental Reports and Documentation Phase and the Final Design Phase of the
Project and include ilic following:
First Antendment to the Agreenumt for Proressional Services, Page I
a. Section A 1.02.A.7 of Exhibit A of the Agreement is hereby amended to read as
follows:
A 1.02 Final Design Phase
A. Upon written authorization from OWNER, CONSULTANT shall:
7. Submit three (3) final bound copies of the Bidding Documents and a
revised opinion of probable Construction Cost to OWNER within
one hundred eighty (180) calendar days after authorization to
proceed with this phase. Plan drawing submittals included in the
Bidding Documents will be 24" x 26" and will be submitted as a
PDF file as well.
b. Section A2.01 of Exhibit A of the Agreement is hereby amended read as follows:
A2.01 Additional Services Requiring Otrner's Authorization in Advance
A. Upon specific written authorization from OWNER, CONSULTANT
shall perform one or more of the following; additional services, each of
which shall all be completed within the time frame specified in
A 1.02.A.7:
I . Supplemental Environmental Reports and Documentation.
Perform or cause to be performed a Phase 1 Environmental Site
Assessment (GSA) to address concerns about the proximity of
hazardous materials sites identified in the January 14, 2011,
environmental report and the potential impact of these sites on the
conditions at the site proposed for Pond B (Cedar Bayou
pond/basin). The Phase I ESA will supplement the previously
completed Environmental Report and Documentation Phase and
serve to support the ROW Acquisition Phase for this proposed
pond site. The specific tasks for Pond B to be performed consist of
a Phase I ESA based on ASTM Standard Practice E- 1527-05,
including the following;:
a. Historical Review.
i. Review of available current and historical aerial
photographs (1940's through 1990's) and historical city
directories.
ii. Historical directories will be reviewed for the main
thoroughfares in the project area and up to two
additional streets for Live (5) decades.
iii. Due to the location of the Project, lire insurance (e.g.
Sanborn or other) rate maps should not be available. A
Sanborn "no coverage" letter will be provided if no
Sanborn maps are available.
First Amendment to the Agreement for Professional Services. Page 2
iv. Current and available historical USGS topographic
maps will be reviewed.
V. Historical data will be supplemented with interviews of
knowledgeable parties, if those parties can be identified
during the course of this review.
b. Regulatory Data. Environmental data will be obtained for
registered hazardous waste and petroleum sites in the
immediate vicinity of the site. Data will be obtained for the
following types of sites:
i. Federal, state, and local government agency records
concerning generation, use, storage, and disposal of
hazardous wastes and/or regulated wastes;
ii. Leaking and registered petroleum storage tank sites
adjacent to the property; and
iii. Federal and state spills and local HAZMAT response
files in immediate vicinity.
Because of the location of the project area, oil and gas
and water well searches will be conducted.
The scope includes a review of tiles of regulated
environmental sites that may pose a concern to the Project.
There might be one or more sites whose files need to be
reviewed (these are typically LPST sites and the review will
take place at the TCEQ office in Houston).
c. Physical Setting. The Phase I ESA will include a review of the
local /regional hydrogeology and soil conditions to determine
preferential pathways for the migration of contaminates to or
from the site.
d. Site Reconnaissance. Site reconnaissance will be conducted on
all streets and rights -of -way where proposed drainage activities
are planned. Interviews will be conducted with key site
individuals of regulated environmental sites and sites that may
store or use potential contaminants. Adjoining properties will
be observed for the potential to impact the site and any
regulated sites adjacent to the property will be observed.
Photographs will be taken during site visit.
e. Review of Previous Study. A review of any previous studies
that may be available for the site or site area.
F Reporting. Following the review of data, site reconnaissance
and data analysis, a report will be prepared summarizing the
findings and conclusions. The report will include: a summary
of the field observation data; figures and/or drawings depicting
general, environmental, and geologic conditions; a review for
the potential for contamination to impact the site; and
recommendations for further environmental studies (if
necessary).
First Amendmem to the Agmement for Professional Services,, Page 3
If the Phase I ESA for Pond B indicates the presence of hazardous
materials, a subsequent ESA will be performed for Pond A (Goose
Creek pond/basin) only upon specific written authorization from
the OWNER. The specific tasks for Pond A to be performed as
part of this task consists of a Phase I GSA based on ASTM
Standard Practice E- 1527 -05, including the following:
a. Historical Review.
i. Review of available current and historical aerial
photographs (1940s through 1990s) and historical city
directories.
ii. Historical directories will be reviewed for the main
thoroughfares in the project area and up to two
additional streets for five (5) decades.
iii. Due to the location of the Project, fire insurance (e.g.
Sanborn or other) rate maps should not be available. A
Sanborn "no coverage' letter will be provided if no
Sanborn maps are available.
iv. Current and available historical USGS topographic
maps will be reviewed.
v. Historical data will be supplemented with interviews of
knowledgeable parties, if those parties can be identified
during the course of this review.
b. Regulatory Data. Environmental data will be obtained for
registered hazardous waste and petroleum sites in the
immediate vicinity of the site. Data will be obtained for the
following types of sites:
i. Federal, state, and local government agency records
concerning generation, use, storage, and disposal of
hazardous wastes and/or regulated wastes;
ii. Leaking and registered petroleum storage tank sites
adjacent to the property; and
iii. Federal and state spills and local HAZMAT response
files in immediate vicinity.
Because of the location of the project area, oil and gas
and water well searches will be conducted.
The scope includes a review of files of regulated
environmental sites that may pose a concern to the Project.
There might be one or more sites whose files need to be
reviewed (these are typically LPST sites and the review will
take place at the TCEQ office in Houston).
c. Physical Setting. The Phase I ESA will include a review of the
local /regional hydrogeology and soil conditions to determine
preferential pathways for the migration of contaminates to or
from the site.
d. Site Reconnaissance. Site reconnaissance will be conducted on
all streets and rights -of -way where proposed drainage activities
First Amendment tthe Astrectrent for Professions c •a, Page 4
are planned. Interviews will be conducted with key site
individuals of regulated environmental sites and sites that may
store or use potential contaminants. Adjoining properties will
be observed for the potential to impact the site and any
regulated sites adjacent to the property will be observed.
Photographs will be taken during site visit.
e. Review of Previous Shidi% A review of any previous studies
that may be available for the site or site area.
f. Reporting. Following the review of data, site reconnaissance
and data analysis, a report will be prepared summarizing the
findings and conclusions. The report will include: a summary
of the field observation data; figures and/or drawings
depicting general, environmental, and geologic conditions; a
review for the potential for contamination to impact the site;
and recommendations for further environmental studies (if
necessary).
2. Revisecl Design for Pond B.
Modify the dry detention pond preliminary design of Pond B to
include wet and dry components as well as site considerations for
future park amenities. The layout of the wet and dry components
will follow the general schematic outlined by OWNER'S staff in
meetings on April 29, 2011, and on July 7, 2011, as pan of the
City's review and evaluation of the Preliminary Design Phase.
Although CONSULTANT will not design park amenities, the pond
grading will provide space for future park amenities, such as
soccer fields, for future development by others. The OWNER will
provide the size and location of anticipated future amenities.
CONSULTANT will develop a set of preliminary PS &E
documents and drainage calculations to be reviewed by OWNER.
Once OWNER review comments are addressed. CONSULTANT
will integrate the proposed Pond B design into final design
documents as outlined in the original contract scope for the Final
Design Phase. Design work for the revised design of Pond B will
include:
a. Data collection
I. CONSULTANT will meet with OWNER'S Engineering
and Parks staff to determine overall design considerations
such as sideslope grading, placement of future park
amenities, placement of future parking, pond maintenance
considerations, and vegetation requirements for the pond.
2. Since no local critcria exists, design criteria for the wet
portion of Pond B will be developed by CONSULTANT.
taking into account available standards and surrounding
conditions. Updated geotcchnical testing will be reviewed
by CONSULTANT to determine if a liner is required to
maintain a permanent pool in the wet portion of Pond B.
First Amendment to the Agreement for Professional Services. Page 5
b. Schematic drabiage s }stem and clwenfio r pomllaroufr.
Interim and ultimate pond layouts and associated storm sewer
will be developed utilizing design considerations identified
during data collection. The interim pond layout will be sized to
mitigate only the construction of Baker Road, and will not
disturb the existing stock pond in the southwest portion of the
property, as directed by City staff. Ultimate pond design will
be sized to mitigate the 100•ycar event in the Baker Road
Development corridor, as identified in preliminary design
submitted in April 2011. The existing stock pond will be
integrated into the wet portion of Pond B under ultimate
conditions. Pond schematics will be submitted to the OWNER
for review.
c. Regional cleteutiou po►rd do %vig►r.
1. Limited water availability modeling will be performed on
Pond B to determine if sufficient runoff to the pond is
anticipated to maintain the permanent pool. If local runoff
is not sufficient to maintain the permanent pool,
CONSULTANT will also estimate the additional volume of
water that will be required to maintain the permanent pool
water surface elevation (WSE) within the vet portion of
Pond B. The permanent pool WSE must be maintained for
the health of adjacent pond vegetation and so that the clay
liner (if required) remains intact. CONSULTANT will meet
with OWNER'S staff to determine what water sources are
available to maintain the permanent pool during dry
weather conditions.
2. Hydrologic modeling developed for the dry detention pond
preliminary design of Pond B will be modified to simulate
the revised wet and dry design. Both interim (to be
constructed to mitigate Baker Road only) and final
conditions will be simulated to quantify storm water runoff
reduction benefits. Results of this analysis will be
submitted to the OWNER for review.
d. HCFCD Impact Anal yxhr
Hydrologic modeling will be finalized for both interim and
ultimate conditions. Modeling results will be integrated into an
Impact Analysis report to be submitted to both HCFCD and to
the OWNER for review. CONSULTANT will address HCFCD
comments and modify the design of outtall structures as
necessary.
c. Prellmit►ary plan p►r►ductio►r
The following construction documents will be revised as
necessary for the Pond B design:
1. Summary of Drainage Quantities & Construction Cost
Estimate
First Amendment to the Agreement for-Professional-Service . Page 6
3
H
I. Proposed Drainage Area Map
3. Runoff Computations
4. Storm Sewer Hydraulic Data (HouStonn)
5. Drainage Plan and Profile (combine with Roadway Plan &
Profile)
b. Culvert outfall for conveyance to Q 112 -03 -00
7. Interim Detention Pond Layout & Stage Discharge
8. interim Detention Pond Sections
9. Extreme Event Overflow Event Structure Detail
10.Outfall Structure Details (Inflow to Detention Pond)
l l . Hams County Flood Control and City of Baytown Standard
Details
12. Detention Pond and Channel Excavation Earthwork
Quantities
Supplemental ROW Field Sin-v t,ing for Pend.► : t & B
CONSULTANT will cause to be performed ROW mapping and
surveying services to comply with OWNER'S platting
requirements and to support the ROW Acquisition Phase. The
work associated with this task will include the following:
a. Develop ROW map /plat and metes and bounds description for
the site north of proposed Baker Road and cast of I-ICFC'D Unit
0105- 04 -00, identified for Pond A (approximately 7 acres).
b. Develop ROW map /plat and metes and bounds description for
site south of proposed Baker Road between Barkaloo Road and
Crosby - Cedar. Bayou Road, identified for Pond B
(approximately IS acres).
c. Perform coordination and obtain approvals necessary to meet
requirements of OWNER'S platting process.
Supplemental Topographic and ROW Field Surve'ving f n- Foot
Path
CONSULTANT will cause to be performed topographic and ROW
mapping and surveying services to support the coordination and
design of a footpath south of Baker Road and cast of Barkaloo
Road. The work associated with this task will include the
following:
a. After determining location of proposed foot path, cross section
field shots will be taken along the proposed alignment
extending approximately 10' either side of the proposed
centerline of the foot path. A digital terrain model (DTM) will
be developed and incorporated into the existing DTM where
appropriate.
b. Develop ROW - related documentation and perrorni
coordination for a proposed casement to be acquired for
surface use of a portion of private property.
c. Perform coordination and obtain approvals necessary to meet
requirements of OWNER'S ROW documentation process.
First Amendment to the Agreement for Professional Services Page 7
5. Supplemental Geolechnical lrnvesligatiuns and Gnginee)-ing
CONSULTANT will cause to be performed gcotechnical
investigations and engineering for the purpose of evaluating the
conditions and parameters related to designing and developing a
portion of previously identified Pond B (Cedar Bayou pond/basin)
for wet - bottom operating conditions. The specific tasks to be
performed as part of this task are as follows:
a. Six borings will be drilled to a depth of 30 Iect below the
existing grade. The borings will be sampled continuously to a
depth of 20 feet and then at regular 5 -foot intervals thercaAcr
to the termination depth of the borings. The borings will be
used to determine the site stratigraphy and to obtain samples
for laboratory testing. The laboratory testing; program is
intended to provide confirmation of the field visual soil
classifications and to establish properties of the subsurface
materials required for design. All borcholcs will be backfilled
with soil cuttings and bentonite chips.
b. The depth at which ground water is encountered during drilling
shall be measured and recorded. The 24 -hour ground water
levels will also be measured and recorded.
c. Two borings will be converted into piezonteters to record long-
term water level readings. Water readings will he taken three
times within a period of one month.
d. Possible laboratory tests to be performed for this project
include: moisture contents (ASTM D2216); Atterberg limits
(ASTM D4318); minus No. 200 sieve analysis (ASTM D1140);
unconfined compression (ASTM 132166). Unconsolidated
Undrained Triaxial (ASTM D2850) and Consolidated
Undrained Multi5taged Triaxial (ASTM D 4767) tests with
pore pressure measurements and permeability tests. In addition,
some samples will be tested for dispersive soils using Pinhole,
Crumb and Double Hydrometer tests. The actual type and
number of tests to be performed will depend on the soils
encountered during the Pcld investigation.
c. All the field and laboratory tests will be performed according
to ASTM standards, where applicable, or with other established
procedures. Results of the field and laboratory data will be
used to develop design recommendations for the detention
pond. Engineering analyses for the detention pond slope
construction will include slope stability by the Bishop Method.
Slope stability analyses will be performed for the End of
Construction Case, Rapid Drawdown Case and Long -Term
Case. Residual strengths of soils will be considered and used in
the slope stability analysis for the rapid draw down and long-
term cases.
First Amendment to the Agreement far Professional Services, Page 9
f. A gcotechnical report of the study will be prepared by an
engineer specializing in soil mechanics and foundation
engineering after reviewing available structural, geological,
boring, and laboratory data. In general, the following items will
be included in the report:
1. Boring logs and test data,
2. Groundwater conditions,
3. Generalized subsurface conditions,
4. Detention pond slope stability analysis.
5. Dispersive potential of on -site soils.
6. Clay liner design, and
7. Erosion control recommendations
g. A report of the findings will be prepared by an engineer
specializing in soil mechanics and foundation engineering after
reviewing available structural, geological, boring and
laboratory data.
6. Landscaping & h-rigatiun Coordination and Design
a. CONSULTANT will perform or cause to be performed the
coordination necessary to ensure landscaping and irrigation
details included in the design and construction documents meet
the expectations and requirements of OWNER'S Parks
Department. CONSULTANT will perform coordination with
OWNER'S Parks and Water departments to identify locations
and water sources for areas to receive landscaping and
irrigation. CONSULTANT will not develop specific
landscaping design layouts and details but will include in the
design and construction documents standard OWNER plans,
details, and specifications or other specific layouts and details
provided by OWNER'S Parks Department.
b. CONSULTANT will not develop specific irrigation design
layouts and details but will develop plans and specifications for
small water lines necessary to connect proposed water sources
to areas of proposed landscaping. CONSULTANT will not
develop detailed irrigation layouts for trees or landscaped
areas, but will include in the design and construction
documents standard OWNER plans, details, and specifications
or other specific layouts and details provided by OWNER'S
Parks Department.
7. Foot Path Coordination and Design
CONSULTANT will perform coordination and design of a foot
path south of Baker Road and east of Barkaloo Road. It is expected
that the footpath will be located within an easement on private
property adjacent to Baker Road and /or Barkaloo Road.
CONSULTANT will attend meetings with OWNER'S Parks
Department and other stakeholders to determine the preferred route
of this footpath. OWNER will develop plans, specifications, and
First Amendment to the Agreement for Professional Services, Page 9
estimates to include the footpath in the design and construction
documents for the project,
C. Section C4.03 of Exhibit C of the Agreement is hereby amended to read as
follows:
C4.03 For Additional Services
A. OWNER shall pay CONSULTANT for Additional Services as follows:
I. General. For services of CONSULTANT's employees engaged
directly on the Project pursuant to paragraph A2.01 or A2.02 of
Exhibit A of the Agreement, except for services as a consultant or
witness under paragraph A2.0I.A. 13, an amount based upon the actual
hours worked and the rate schedule, which is attached as Appendix 1
of Exhibit C and incorporated herein for all intents and purposes plus
Reimbursable Expenses. Additional Services shall not be performed
without the prior written consent of the OWNER. Additional Services
shall not exceed the following:
Revised Design for Pond B ................... ............................... $41,924.00
Landscaping and Irrigation Coordination and Design ............. 7,402.00
Foot Path Coordination and Design ................. ......................10,088.00
Miscellaneous (only if approved in advance) .. ......................48,368.00
d. Section C4.05 of Exhibit C of the Agreement is hereby amended to read as
follows:
C4.05 For CONSULTANT's Consultants Charges
A. (Modified) Whenever compensation to CONSULTANT herein is stated to
include charges of CONSULTANT'S Consultants, those charges shall be
the amounts billed by CONSULTANT'S Consultants to CONSULTANT
times a Factor of 1.10. 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
shall not exceed the following without prior written consent of the
OWNER.
Basic Services:
Field Surveying Phase ........................... ............................... $18,920.00
Geotechnical Engineering Phase ........... ............................... $54,637.00
Additional Services:
Supplemental Environmental Reports and Documentation... $6,737.50
First Amendment to the Agreement for Profenionat Services, Page 10
Supplemental ROW Field Surveying fir Ponds .................... 11,550.00
Supplemental ROW Field Surveying for Foot Path .............. 11,000.00
Supplemental Geotechnical Engineering .......... .....................21,304.50
3. Interpretation. The provisions of this Amendment and the provisions of the Agreement
should be read together and constmed as one agreement provided that, in the event orally
conflict or inconsistency between the provisions of this Amendment and the provisions of
the Agreement, the provisions of this Amendment shall control. Nothing contained in
this Amendment or in the Agreement shall be construed in any way to limit or to waive
the City's sovereign immunity.
IN WITNESS WHERE OF, the parties hereto have executed this Amendment in multiple
copies, each of which shall be deemed to he an original, bu all of Which shall constitute but one
and the same amendment, this /'I`'k day of Z &.L-m , 2011, the date of
execution by the City Manager.
ATKINS NORTH AMERICA, INC.,
SUCCESSOR IN INTEREST TO POST,
BUCKLEY, SCHUH & JERNIGAN, INC.
l.,
(S' nature)
(Printed Narne
CITY OF BAYTOWN
By:
ATTEST:
LE"TICIA BRYCI-I, City Clerk
ROBERT D. LEIPER, City Manager
First Amendment to the Agreement for Professional Services, Page
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
STATE OF TEXAS
8EXAk ti
COUNTY OF 14ARkIS
.'n
Before me on tits day personally appeared _ � a%, j , in his
capacity as IS O (Ao f' of Alkins North America, Inc., st ccessor in interest
to Post, Buckley, Schuh &: Jernigan, Inc., on behalf of such corporation,
(check one)
known to me;
proved to me on the oath of
proved to me through his current
; or
{description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person}
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this / %aday of 7LdV4-iac.uti 2011.
Notary Pu lic in and for the State of Texas
MY GUMMISSIGN EXP1nES
iy,I •�i
March t), 2012
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First Amendment to the Agreement for Professional Services, Page 12
ATKINS NORTH
FIRST AMENDMENT
TO THE
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
AMERICA, INC., SUCCESSOR IN INTEREST TO POST, BUCKLEY,
SCHUH & JERNIGAN, INC.
STATE OF TEXAS
COUNTY OF HARRIS §
This First Amendment ("Amendment") to that certain "Professional Services Agreement"
between the City of Baytown and Atkins North America, Inc., successor in interest to Post,
Buckley, Schuh & Jernigan, Inc., dated the 27th day of August, 2010, is made by and between
the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, the City of Baytown (the "City") and Atkins North America, Inc., successor
in interest to Post, Buckley, Schuh & Jernigan, Inc., ("Professional") did enter into a Professional
Services Agreement, dated the 27th day of August, 2010, ("Agreement") to perform engineering
services related to the Baker Road Extension Project (the "Project"); and
WHEREAS, the City now desires Professional to perform additional services related to
this Project based upon the City's review of the Preliminary Design Phase Documents and
subsequent meetings and correspondence with Professional; and
WHEREAS, the City and Professional agree to amend the Agreement for the additional
engineering and environmental services associated with the Project in accordance with the
Agreement and the revisions incorporated herein; and
WHEREAS, the cost of these additional services as authorized herein is ONE
HUNDRED THIRTEEN THOUSAND SIX AND NO/100 DOLLARS ($113,006.00);
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby mutually agree as follows:
1. Defmitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this Amendment shall have the same meanings as in the Agreement.
2. Amendments. The amendments specified in this First Amendment pertain to the
Environmental Reports and Documentation Phase and the Final Design Phase of the
Project and include the following:
First Amendment to the Agreement for Professional Services, Page 1
a. Section A1.02.A.7 of Exhibit A of the Agreement is hereby amended to read as
follows:
A1.02 Final Design Phase
A. Upon written authorization from OWNER, CONSULTANT shall:
7. Submit three (3) final bound copies of the Bidding Documents and a
revised opinion of probable Construction Cost to OWNER within
one hundred eighty (180) calendar days after authorization to
proceed with this phase. Plan drawing submittals included in the
Bidding Documents will be 24" x 26" and will be submitted as a
PDF file as well.
b. Section A2.01 of Exhibit A of the Agreement is hereby amended read as follows:
A2.01 Additional Services Requiring Owner's Authorization in Advance
A. Upon specific written authorization from OWNER, CONSULTANT
shall perform one or more of the following additional services, each of
which shall all be completed within the time frame specified in
A1.02.A.7:
1. Supplemental Environmental Reports and Documentation.
Perform or cause to be performed a Phase I Environmental Site
Assessment (ESA) to address concerns about the proximity of
hazardous materials sites identified in the January 14, 2011,
environmental report and the potential impact of these sites on the
conditions at the site proposed for Pond B (Cedar Bayou
pond/basin). The Phase I ESA will supplement the previously
completed Environmental Report and Documentation Phase and
serve to support the ROW Acquisition Phase for this proposed
pond site. The specific tasks for Pond B to be performed consist of
a Phase I ESA based on ASTM Standard Practice E-1527-05,
including the following:
a. Historical Review.
i. Review of available current and historical aerial
photographs (1940's through 1990's) and historical city
directories.
ii. Historical directories will be reviewed for the main
thoroughfares in the project area and up to two
additional streets for five (5) decades.
iii. Due to the location of the Project, fire insurance (e.g.
Sanborn or other) rate maps should not be available. A
Sanborn "no coverage" letter will be provided if no
Sanborn maps are available.
First Amendment to the Agreement for Professional Services, Page 2
iv. Current and available historical USGS topographic
maps will be reviewed.
v. Historical data will be supplemented with interviews of
knowledgeable parties, if those parties can be identified
during the course of this review.
b. Regulatory Data. Environmental data will be obtained for
registered hazardous waste and petroleum sites in the
immediate vicinity of the site. Data will be obtained for the
following types of sites:
i. Federal, state, and local government agency records
concerning generation, use, storage, and disposal of
hazardous wastes and/or regulated wastes;
ii. Leaking and registered petroleum storage tank sites
adjacent to the property; and
iii. Federal and state spills and local HAZMAT response
files in immediate vicinity.
Because of the location of the project area, oil and gas
and water well searches will be conducted.
The scope includes a review of files of regulated
environmental sites that may pose a concern to the Project.
There might be one or more sites whose files need to be
reviewed (these are typically LPST sites and the review will
take place at the TCEQ office in Houston).
c. Physical Setting. The Phase I ESA will include a review of the
local/regional hydrogeology and soil conditions to determine
preferential pathways for the migration of contaminates to or
from the site.
d. Site Reconnaissance. Site reconnaissance will be conducted on
all streets and rights -of -way where proposed drainage activities
are planned. Interviews will be conducted with key site
individuals of regulated environmental sites and sites that may
store or use potential contaminants. Adjoining properties will
be observed for the potential to impact the site and any
regulated sites adjacent to the property will be observed.
Photographs will be taken during site visit.
e. Review of Previous Study. A review of any previous studies
that may be available for the site or site area.
f. Reporting. Following the review of data, site reconnaissance
and data analysis, a report will be prepared summarizing the
findings and conclusions. The report will include: a summary
of the field observation data; figures and/or drawings depicting
general, environmental, and geologic conditions; a review for
the potential for contamination to impact the site; and
recommendations for further environmental studies (if
necessary).
First Amendment to the Agreement for Professional Services, Page 3
If the Phase I ESA for Pond B indicates the presence of hazardous
materials, a subsequent ESA will be performed for Pond A (Goose
Creek pond/basin) only upon specific written authorization from
the OWNER. The specific tasks for Pond A to be performed as
part of this task consists of a Phase I ESA based on ASTM
Standard Practice E-1527-05, including the following:
a. Historical Review.
i. Review of available current and historical aerial
photographs (1940s through 1990s) and historical city
directories.
ii. Historical directories will be reviewed for the main
thoroughfares in the project area and up to two
additional streets for five (5) decades.
iii. Due to the location of the Project, fire insurance (e.g.
Sanborn or other) rate maps should not be available. A
Sanborn "no coverage" letter will be provided if no
Sanborn maps are available.
iv. Current and available historical USGS topographic
maps will be reviewed.
v. Historical data will be supplemented with interviews of
knowledgeable parties, if those parties can be identified
during the course of this review.
b. Regulatory Data. Environmental data will be obtained for
registered hazardous waste and petroleum sites in the
immediate vicinity of the site. Data will be obtained for the
following types of sites:
i. Federal, state, and local government agency records
concerning generation, use, storage, and disposal of
hazardous wastes and/or regulated wastes;
ii. Leaking and registered petroleum storage tank sites
adjacent to the property; and
iii. Federal and state spills and local HAZMAT response
files in immediate vicinity.
Because of the location of the project area, oil and gas
and water well searches will be conducted.
The scope includes a review of files of regulated
environmental sites that may pose a concern to the Project.
There might be one or more sites whose files need to be
reviewed (these are typically LPST sites and the review will
take place at the TCEQ office in Houston).
c. Physical Setting. The Phase I ESA will include a review of the
local/regional hydrogeology and soil conditions to determine
preferential pathways for the migration of contaminates to or
from the site.
d. Site Reconnaissance. Site reconnaissance will be conducted on
all streets and rights -of -way where proposed drainage activities
First Amendment to the Agreement for Professional Services, Page 4
are planned. Interviews will be conducted with key site
individuals of regulated environmental sites and sites that may
store or use potential contaminants. Adjoining properties will
be observed for the potential to impact the site and any
regulated sites adjacent to the property will be observed.
Photographs will be taken during site visit.
e. Review of Previous Study. A review of any previous studies
that may be available for the site or site area.
f. Reporting. Following the review of data, site reconnaissance
and data analysis, a report will be prepared summarizing the
findings and conclusions. The report will include: a summary
of the field observation data; figures and/or drawings
depicting general, environmental, and geologic conditions; a
review for the potential for contamination to impact the site;
and recommendations for further environmental studies (if
necessary).
2. Revised Design for Pond B.
Modify the dry detention pond preliminary design of Pond B to
include wet and dry components as well as site considerations for
future park amenities. The layout of the wet and dry components
will follow the general schematic outlined by OWNER'S staff in
meetings on April 29, 2011, and on July 7, 2011, as part of the
City's review and evaluation of the Preliminary Design Phase.
Although CONSULTANT will not design park amenities, the pond
grading will provide. space for future park amenities, such as
soccer fields, for future development by others. The OWNER will
provide the size and location of anticipated future amenities.
CONSULTANT will develop a set of preliminary PS&E
documents and drainage calculations to be reviewed by OWNER.
Once OWNER review comments are addressed, CONSULTANT
will integrate the proposed Pond B design into final design
documents as outlined in the original contract scope for the Final
Design Phase. Design work for the revised design of Pond B will
include:
a. Data collection
1. CONSULTANT will meet with OWNER'S Engineering
and Parks staff to determine overall design considerations
such as sidesiope grading, placement of future park
amenities, placement of future parking, pond maintenance
considerations, and vegetation requirements for the pond.
2. Since no local criteria exists, design criteria for the wet
portion of Pond B will be developed by CONSULTANT,
taking into account available standards and surrounding
conditions. Updated geotechnical testing will be reviewed
by CONSULTANT to determine if a liner is required to
maintain a permanent pool in the wet portion of Pond B.
First Amendment to the Agreement for Professional Services, Page 5
b. Schematic drainage system and detention pond layouts.
Interim and ultimate pond layouts and associated storm sewer
will be developed utilizing design considerations identified
during data collection. The interim pond layout will be sized to
mitigate only the construction of Baker Road, and will not
disturb the existing stock pond in the southwest portion of the
property, as directed by City staff. Ultimate pond design will
be sized to mitigate the 100-year event in the Baker Road
Development corridor, as identified in preliminary design
submitted in April 2011. The existing stock pond will be
integrated into the wet portion of Pond B under ultimate
conditions. Pond schematics will be submitted to the OWNER
for review.
c. Regional detention pond design.
1. Limited water availability modeling will be performed on
Pond B to determine if sufficient runoff to the pond is
anticipated to maintain the permanent pool. If local runoff
is not sufficient to maintain the permanent pool,
CONSULTANT will also estimate the additional volume of
water that will be required to maintain the permanent pool
water surface elevation (WSE) within the wet portion of
Pond B. The permanent pool WSE must be maintained for
the health of adjacent pond vegetation and so that the clay
liner (if required) remains intact. CONSULTANT will meet
with OWNER'S staff to determine what water sources are
available to maintain the permanent pool during dry
weather conditions.
2. Hydrologic modeling developed for the dry detention pond
preliminary design of Pond B will be modified to simulate
the revised wet and dry design. Both interim (to be
constructed to mitigate Baker Road only) and final
conditions will be simulated to quantify storm water runoff
reduction benefits. Results of this analysis will be
submitted to the OWNER for review.
d. HCFCD Impact Analysis
Hydrologic modeling will be finalized for both interim and
ultimate conditions. Modeling results will be integrated into an
Impact Analysis report to be submitted to both HCFCD and to
the OWNER for review. CONSULTANT will address HCFCD
comments and modify the design of outfall structures as
necessary.
e. Preliminary plan production
The following construction documents will be revised as
necessary for the Pond B design:
1. Summary of Drainage Quantities & Construction Cost
Estimate
First Amendment to the Agreement for Professional Services, Page 6
2. Proposed Drainage Area Map
3. Runoff Computations
4. Storm Sewer Hydraulic Data (HouStorm)
5. Drainage Plan and Profile (combine with Roadway Plan &
Profile)
6. Culvert outfall for conveyance to Q112-03-00
7. Interim Detention Pond Layout & Stage Discharge
8. Interim Detention Pond Sections
9. Extreme Event Overflow Event Structure Detail
10. Outfall Structure Details (Inflow to Detention Pond)
11. Harris County Flood Control and City of Baytown Standard
Details
12. Detention Pond and Channel Excavation Earthwork
Quantities
3. Supplemental ROW Field Surveying for Ponds A & B
CONSULTANT will cause to be performed ROW mapping and
surveying services to comply with OWNER'S platting
requirements and to support the ROW Acquisition Phase. The
work associated with this task will include the following:
a. Develop ROW map/plat and metes and bounds description for
the site north of proposed Baker Road and east of HCFCD Unit
0105-04-00, identified for Pond A (approximately 7 acres).
b. Develop ROW map/plat and metes and bounds description for
site south of proposed Baker Road between Barkaloo Road and
Crosby -Cedar Bayou Road, identified for Pond B
approximately 15 acres).
c. Perform coordination and obtain approvals necessary to meet
requirements of OWNER'S platting process.
4. Supplemental Topographic and ROW Field Surveying for Foot
Path
CONSULTANT will cause to be performed topographic and ROW
mapping and surveying services to support the coordination and
design of a footpath south of Baker Road and east of Barkaloo
Road. The work associated with this task will include the
following:
a. After determining location of proposed foot path, cross section
field shots will be taken along the proposed alignment
extending approximately 10' either side of the proposed
centerline of the foot path. A digital terrain model (DTM) will
be developed and incorporated into the existing DTM where
appropriate.
b. Develop ROW -related documentation and perform
coordination for a proposed easement to be acquired for
surface use of a portion of private property.
c. Perform coordination and obtain approvals necessary to meet
requirements of OWNER'S ROW documentation process.
First Amendment to the Agreement for Professional Services, Page 7
5. Supplemental Geotechnical Investigations and Engineering
CONSULTANT will cause to be performed geotechnical
investigations and engineering for the purpose of evaluating the
conditions and parameters related to designing and developing a
portion of previously identified Pond B (Cedar Bayou pond/basin)
for wet -bottom operating conditions. The specific tasks to be
performed as part of this task are as follows:
a. Six borings will be drilled to a depth of 30 feet below the
existing grade. The borings will be sampled continuously to a
depth of 20 feet and then at regular 5-foot intervals thereafter
to the termination depth of the borings. The borings will be
used to determine the site stratigraphy and to obtain samples
for laboratory testing. The laboratory testing program is
intended to provide confirmation of the field visual soil
classifications and to establish properties of the subsurface
materials required for design. All boreholes will be backfilled
with soil cuttings and bentonite chips.
b. The depth at which ground water is encountered during drilling
shall be measured and recorded. The 24-hour ground water
levels will also be measured and recorded.
c. Two borings will be converted into piezometers to record long-
term water level readings. Water readings will be taken three
times within a period of one month.
d. Possible laboratory tests to be performed for this project
include: moisture contents (ASTM D2216); Atterberg limits
ASTM D4318); minus No. 200 sieve analysis (ASTM D1140);
unconfined compression (ASTM D2166); Unconsolidated
Undrained Triaxial (ASTM D2850) and Consolidated
Undrained MultiStaged Triaxial (ASTM D 4767) tests with
pore pressure measurements and permeability tests. In addition,
some samples will be tested for dispersive soils using Pinhole,
Crumb and Double Hydrometer tests. The actual type and
number of tests to be performed will depend on the soils
encountered during the field investigation.
e. All the field and laboratory tests will be performed according
to ASTM standards, where applicable, or with other established
procedures. Results of the field and laboratory data will be
used to develop design recommendations for the detention
pond. Engineering analyses for the detention pond slope
construction will include slope stability by the Bishop Method.
Slope stability analyses will be performed for the End of
Construction Case, Rapid Drawdown Case and Long -Term
Case. Residual strengths of soils will be considered and used in
the slope stability analysis for the rapid draw down and long-
term cases.
First Amendment to the Agreement for Professional Services, Page 8
f. A geotechnical report of the study will be prepared by an
engineer specializing in soil mechanics and foundation
engineering after reviewing available structural, geological,
boring, and laboratory data. In general, the following items will
be included in the report:
1. Boring logs and test data,
2. Groundwater conditions,
3. Generalized subsurface conditions,
4. Detention pond slope stability analysis,
5. Dispersive potential of on -site soils,
6. Clay liner design, and
7. Erosion control recommendations
g. A report of the findings will be prepared by an engineer
specializing in soil mechanics and foundation engineering after
reviewing available structural, geological, boring and
laboratory data.
6. Landscaping & Irrigation Coordination and Design
a. CONSULTANT will perform or cause to be performed the
coordination necessary to ensure landscaping and irrigation
details included in the design and construction documents meet
the expectations and requirements of OWNER'S Parks
Department. CONSULTANT will perform coordination with
OWNER'S Parks and Water departments to identify locations
and water sources for areas to receive landscaping and
irrigation. CONSULTANT will not develop specific
landscaping design layouts and details but will include in the
design and construction documents standard OWNER plans,
details, and specifications or other specific layouts and details
provided by OWNER'S Parks Department.
b. CONSULTANT will not develop specific irrigation design
layouts and details but will develop plans and specifications for
small water lines necessary to connect proposed water sources
to areas of proposed landscaping. CONSULTANT will not
develop detailed irrigation layouts for trees or landscaped
areas, but will include in the design and construction
documents standard OWNER plans, details, and specifications
or other specific layouts and details provided by OWNER'S
Parks Department.
7. Foot Path Coordination and Design
CONSULTANT will perform coordination and design of a foot
path south of Baker Road and east of Barkaloo Road. It is expected
that the footpath will be located within an easement on private
property adjacent to Baker Road and/or Barkaloo Road.
CONSULTANT will attend meetings with OWNER'S Parks
Department and other stakeholders to determine the preferred route
of this footpath. OWNER will develop plans, specifications, and
First Amendment to the Agreement for Professional Services, Page 9
estimates to include the footpath in the design and construction
documents for the project.
c. Section C4.03 of Exhibit C of the Agreement is hereby amended to read as
follows:
C4.03 For Additional Services
A. OWNER shall pay CONSULTANT for Additional Services as follows:
1. General. For services of CONSULTANT 's employees engaged
directly on the Project pursuant to paragraph A2.01 or A2.02 of
Exhibit A of the Agreement, except for services as a consultant or
witness under paragraph A2.01.A.13, an amount based upon the actual
hours worked and the rate schedule, which is attached as Appendix 1
of Exhibit C and incorporated herein for all intents and purposes plus
Reimbursable Expenses. Additional Services shall not be performed
without the prior written consent of the OWNER. Additional Services
shall not exceed the following:
Revised Design for Pond B $41,924.00
Landscaping and Irrigation Coordination and Design 7,402.00
Foot Path Coordination and Design 10,088.00
Miscellaneous (only if approved in advance) 48,368.00
d. Section C4.05 of Exhibit C of the Agreement is hereby amended to read as
follows:
C4.05 For CONSULTANT's Consultant's Charges
A. (Modified) Whenever compensation to CONSULTANT herein is stated to
include charges of CONSULTANT'S Consultants, those charges shall be
the amounts billed by CONSULTANT'S Consultants to CONSULTANT
times a Factor of (1.10). 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
shall not exceed the following without prior written consent of the
OWNER.
Basic Services:
Field Surveying Phase $18,920.00
Geotechnical Engineering Phase $54,637.00
Additional Services:
Supplemental Environmental Reports and Documentation... $6,737.50
First Amendment to the Agreement for Professional Services, Page 10
Supplemental ROW Field Surveying for Ponds 11,550.00
Supplemental ROW Field Surveying for Foot Path 11,000.00
Supplemental Geotechnical Engineering 24,304.50
3. Interpretation. The provisions of this Amendment and the provisions of 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 Amendment and the provisions of
the Agreement, the provisions of this Amendment shall control. Nothing contained in
this Amendment or in the Agreement 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 aday of % , 2011, the date of
execution by the City Manager.
ATKINS NORTH AMERICA, INC.,
SUCCESSOR IN INTEREST TO POST,
BUCKLEY, SCHUH & JERNIGAN, INC.
Signature)
elsf\CA?
Prited Name) bye
1 Title)
CITY
OF BAYTOWN B
OBERT
D. LEIPER, City Manager First
Amendment to the Agreement for Professional Services, Page 11
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., City
STATE OF TEXAS
COUNTY OF
J3 §
Before eon his day er onall appeared 0. in hisYP Y Pp
capacity as (`v ZC ices t' of Atkins North America, Inc., successor in interest
to Post, Buckley, Schuh & Jernigan, Inc., on behalf of such corporation,
known to me;
proved to me on the oath of ; or
proved to me through his current
description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person)
check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this /7 day of aZu'J 2011.
Ui" LQAt!9 C-
Notary Public in and for the State of Texas
IAARGARET LEA
MY COMMISSION EXPIRES
Meth 9, 2012 i
CobfsOl\Iegal\Karen\Files\Engineering\Engineering Agreements\PBS&J\Baker Road Extension Project\First Amendment.doc
First Amendment to the Agreement for Professional Services, Page 12