Ordinance No. 12,268ORDINANCE NO. 12,268
AN ORI)INANCE OF 114E (ATY (..",OUNCIL Of.''HIEC11Y (*'BAYTONVN,TFXAS,
AU"HIORIZING AM) DIRECITSKi THE "rFY N4NNAGER TO EXECUTE AND
'IT[[-, CITY CLERK 11) WEST TO THE Mv11`,N1,)MI.,,NT TO THE'
PROFESSIONAL SI.`,RVICES AGREI-',Mt,-.Nl' WITH ARKK. LNGINI,,,I,,,RS,
TJ.C,FOR Tis 2007 STREET BOND PROGRAM - YEAR 5 PROJECT; AND
PROVIDING 1'ORTI IF, EFFl,CTIVE DATLTI IF',REOF.
Section 1: Ilua the Coy Council of the City of' Baytown, Texas, hereby authorizes and
directs the City Manag,,er to execute and the City Clerk to attest to the First Aniendment to the
ProWsOnal Services Agreernent vvith ARKK Engineers, L.I.C, ("or the 2007 Street Bond Pro grain -
Year 5 Prqject. A copy oftheamendineni isattacited herew, mated Exhibit "A" and We as pan hewol'
for all intents and. purposes.
Section 2: This ordinance shall take Abu immelately Ihnn and after A pasoge by the
City Council ofthe Cily of Baytown,
INTIM)DUCf.,I), Rf-,Al'),and PASSED by Ge allOinmhc v
Baytown, this the 13'x' clay of'Junc, 2013. 1
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DOW?,
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APPROVI'.,A) .AS TO FORNI;
MCI() RAMIREZ, SR, Cit lwarrtcy
ME
of we Coy COMWH of we Coy of
DONCARLOS, Mayor
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FIRST AMENDIMENT
To Ili E
ENGINEERING SERVICES AGREEMENT
BETWEETY OWNERAND ITTINEER FOR PROFESSIONAL SERVICES
STATH OF TEXAS §
C, 0 NTY 0 1: 1 tA It It I S §
This 1"irst Amendment ("First Amendmem-) to the Standard Form of' Agreement lictween the
City of Baytown and ARK H: Engineers. LLE. dated March 21 2013. is made hy wul 01"ven die same
panics un the date hurainaRer last specified to r"ke dw streets for the 2007 Street Bond Piograrn — Year
5 Project (the -Project-).
MEREAS. dw City" of Buytown (NAVNEWI am! ARKK Migincer& MC, (TKKHNEF1')
did QnIer into an Engineering Servikes AgMUM111 dated Mumh 21 2013. in an anhnml not to excud
FOUR HUNDRED FORTY-TWO THOUSAND FIVE HUNDRED SF.\/FNTY-FlVF.*. AND NO/100
IXA.LARS (SMSBAO) For ea ghweining swNkus assuchaed with the Project ("Agn-cenient"); and
WHLRI".AS, OWNER and FNGINFER desire to amend the Agreement f6r F.N(;INl-.F'.'R to
reniove the following two Streets fl-oni, tile Projecr
and to add dic fiollowing street to the Pr(!aject
M
wqjERHAS, OWNER and ENGINIATR haveagreed that there will be no chaange in compensation
due to this First Amendment:
NOW 'FI IERI-:'FORE, for and in Consideratioll of, the mutual Covenanis and agicements herein
contahwd, the parties hemw do hereby inunnilly 'qgree as follows:
Unfess as difietent meaning clearly appears hom die context, wwds and phrowes as
used in this First Amendment shall have 1110, Same menningsas in d1w Agreement,
1 Amendments
a. The first paragraph of be Agwomwit is hereby amended to mad as Maw
'() tile 15ge I
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OWNER intends to cootract to provide professional engineering design bid and
construction plinse services for the 2007 Street Bond Program — Year 5 Project,
which entails engincering Services necessary liar tile repairs and/or reconsirliction
of streets in the City ofBaylown, inckiding the following:
along %vith associated drainage and utility improvements ("Pro , jCct"), The types
ofrepairs that will be made on the 'abovc-ret�rcriced streets will be determined by
the OWNLR after the ENGINE,[.1,R's completion of tile preliminary engine rhea,
phase (30% submittal). Such repairs may Consist of roadway replacement with
either aspli-ah or concrete pavemem, roadway Conversion to Curb and gutter,
asphalt overlay and base repair, and others as may be desired by the OWNFI'R.
Any water lines, sanitary sewer mains, and drainage pipes that are located urider.
(or within close proximily to) the roachvay pavement will be relocated.
Additionally, driveways, will be teplaced tip to the right-of-way line expansion
joint or construction joint as needed and, directed 1ry tire OWNFR, Sidewalks will
be repaired or replaced on ,in as-ree(ded basis when impacted by the street
construction effort. Draina-c will be addressed in areas, of known problems, ind
will be limited to on-site storm sewer replacements M)d OLIff"111S located Within
150 feet of the streets associated with the llro�lect,
Entire Aureement. The provisions of' this F rst Amendment and the Agreement should be read
together and construed, as one agreement provided that, ill the event of any conflict or
inconsistency between the provisicms of this First Amendment and the provisions, of the
Agreement, the provisions of this First Aniendment shall control,
IiLtgr )rqtqtion, This first Amendment has been Jointly negotiated by the parties heremider and
shall riot be construed against a party hereunder because iliat party may have assunied prillial'N
responsibility For the drafting ('A'diis First AniciAncill.
Cjip
jiolLs. Captions contained ill (lie Agrcelnent and tile First Amendment are for reference onlar
and, therefore, have no effect it, conmruim, the (iocummis. 'me captions are not restrictive ofthe
subject matter orany section.
No kklaiver. By this First Amendment, the Owner does not consent to litigation or suit, an([ the
Owner hereby expressly revokes any consent to litigation fli al it clay have flora nted by the terms of
this First Amendment, the Agreement or any other contract or agreement or addenda, any ckarter,
or applicable state law. Noihing comailled ill this First Amendment or in the Agreement sliall be
mistrued in any way to unlit or to waive tile City's sovereign irmllljllitv.
IN WITNESS WHEREX)F, the parties, hereto have execkiled this First Amendment in multiple
copies, each of'which shall be decilled it) he an orighmi, bill all ot,which Shall constitute but one and the
Firm Amencfimm to the Pirof'escIval
Page 2
EXHIBIT A
same amendment, this
City Manager.
day of
2013, the date of execution by the
CITY OF BAYTOWN
By:
ROBERT D. LEIPER, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
1GNACIO RAMIREZ, SR., City Attorney
ARKK ENGIN
ATTEST:
( nature)
(Printed Name)
(Title)
(Signature)
�>
A.,i�s�o�ie
(Printed Name)
(Title)
R: 1KarcnlFilcskEnginceringl Gnginecring AgreementAARKK EngincersU2007 Street Bond Program - Year 5 ProjeeffirstAmcndment.doc
First Amendment to the Professional Services Agreernent, Page 3