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Ordinance No. 12,042ORDINANCE NO. 12,042 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE SIXTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR FINAL DESIGN SERVICES FOR THE NORTH MAIN AND I -10 UTILITY PROJECT WITH LANGFORD ENGINEERING, INC.; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED TWENTY -FIVE THOUSAND EIGHT HUNDRED SEVENTY - SIX AND 37/100 DOLLARS ($25,876:37); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: Thatthe City Councilof theCityof Bayt own, Texas, hereby authorizes and directs the City Managerto execute and the City Clerk to attest to the Sixth 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 Sixth Amendment is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes funds payable to Langford Engineering, Inc., in an amount not to exceed TWENTY -FIVE THOUSAND EIGHT HUNDRED SEVENTY -SIX AND 37/100 DOLLARS ($25,876.37) for engineering services in accordance with the Amendment authorized in Section I hereinabove. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote ofthe City Cil ncil of the City of Baytown this the 131h day of September, 2012. 1t Mayor �1/3 APPROVED dRf,NACI0 RAMIREZ, SR., City orney RA Karen\ Files \City Council\ONinanaes=IZSeptember 13\ 6NAmendmentwithl. angford4NorlhMainl- IOUtilityProjectdoc Exhibit "A" SIXTH AMENDMENT TO THE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES STATE OF TEXAS COUNTY OF HARRIS This Sixth Amendment ( "Sixth 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 ($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 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 1H -10; 3. adding approximately 6,700 LF of sanitary sewer force from the proposed lift station on I -10 to the Northeast District Collection System at Sjolander and IH -10; and 4. preparing written legal descriptions for approximately forty (40) sanitary sewer and construction easement tracts along North Main and IH -10 and two lift station easements; for an amount not to exceed ONE HUNDRED SIXTY -FOUR THOUSAND EIGHT HUNDRED AND NO /I00 DOLLARS ($164,800.00); and Sixth Amendment to the Standard Form of Agreement between Owner and Engineer for Professional Services. Page I 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: I. 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, 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 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 for an amount not to exceed FORTY -SIX THOUSAND SEVENTY -THREE AND 69/100 DOLLARS ($46,073.69); and WHEREAS, the Owner and Engineer thereafter entered into the Fifth Amendment to the Agreement on October 18, 2010, ( "Fifth Amendment ") in order for the Engineer to perform additional engineering/surveying services associated with revising the location of the proposed sanitary sewer lines to accommodate future right -of -way alignment of N. Main, and adding conduit along the realignment for an amount not to exceed TWENTY -NINE THOUSAND FOUR HUNDRED EIGHTY AND NO/] 00 DOLLARS ($29,480.00); and WHEREAS, the Owner desires engineer to perform additional design phase and construction phase services associated with the adjustments to the 8" sewer line under North Main Street; adjustments to the 24" sewer line under I -10; and adjustments to 12" water line and 4" force main under Hunt Road for an amount not to exceed TWENTY -FIVE THOUSAND EIGHT HUNDRED SEVENTY -SIX AND 37/100 DOLLARS ($25,876.37); and WHEREAS, Engineer desires to perform the work specified herein in accordance with the terms and conditions contained in this Sixth Amendment, the Fifth Amendment, the Fourth Sixth Amendment to the Standard Form of Agreement between Owner and Engineer for Professional Services, Page 2 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 Sixth Amendment shall have the same meanings as in the Agreement and First, Second, Third, Fourth and Fifth Amendments. 2. Amendments. 2.01 Paragraph A l .02.A.2.5 contained in Exhibit "A" of the Agreement is hereby amended to read as follows: A 1.02 Final Design Phase A. After acceptance by OWNER of the Preliminary Design Phase documents and revised opinions of probable Construction Cost as determined in the Preliminary Design Phase, but subject to any OWNER - directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from OWNER, ENGINEER shall: 2.5 Perform or provide the following additional Final Design Phase tasks or deliverables: a. basic engineering services for: 1. the design, site layout, pump selection, piping design and civil engineering aspects of a proposed lift station facility located on North Main, south of IH -10 and a proposed interim force main from the site of the IH -10 lift station, east to the existing collection system location at Sjolander and IH -10; 2. lift station wet well /dry pit structure to be designed to accommodate (estimated) ultimate peak flow with interim pumps and piping; 3. consultation, plan, specification and detail preparation; 4. the design, site layout, equipment selection, coordination of electrical and control layout for two proposed standby generators, including fuel design, site layout and drainage improvements to accommodate proposed steel frame structures to shelter pump /valve pits and lift station controls, including accommodation for monorail lifting equipment at Lift Station No. 1 and No. 2; Sixth Amendment to the Standard Form of Agreement between Owner and Engineer for Professional Services, Page 3 5. revise plan and profile sheets, plus affected details sheets for adjustments to the 8" sewer line under North Main Street; adjustments to the 24" sewer line under I -10; and adjustments to 12" water line and 4" force main under Hunt Road; 6. 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 l: south of Archer Road by Baytown Christian Academy to North of IH- 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 frame shelters at each lift station, including framing necessary to accommodate monorail lifting system and construction phase services, including site visits and submittal review. Shelters shall be designed for 130 mph wind loading in accordance with the OWNER's requirements; c. electrical engineering services for: 1. the design of interim components and controls for a sanitary sewer lift station, including consultation plan, specification and detail preparation; and 2. the design and control layouts necessary for automatic starting standby generators at the two (2) proposed lift station facilities associated with this project, and construction phase services, including site visits and submittal reviews; Sixth Amendment to the Standard Form of Agreement between Owner and Engineer for Professional Services, Page 4 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); 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 sanitary sewer, and add 2 six -inch communication conduits along the sewer alignment. 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: 1. (Modified) A cost not to exceed amount of $629,627.63 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 $ 404,460.90 C. Bidding and Negotiating Phase $ 24,527.80 d. Construction Phase $ 122,879.68 e. Post Construction Phase $ 9,926.60 Entire Agreement. The provisions of this Sixth Amendment and the provisions of the Fifth Amendment, 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 Sixth Amendment and the provisions of the Fifth Amendment, Fourth Amendment, Third Sixth Amendment to the Standard Form of Agreement between Owner and Engineer for Professional Services, Page 5 Amendment. Second Amendment. I`int Amendment an&or the Aerecment. the provisions of this Sixth Amendment shall control. Nothing contained in this Sixth Amendment shall be construed in any teat' to limit or to wain =e the City's soverchm immunity. IN W1 I'NESS Xl I IERI OF. the parties hereto hate eNecuted this Amendment in multiple copies, each of Nthich shall be dee to be all lying but a I of which shall constitute but one and the same .tmendmcnt this _La% of _ , 2012. file date of execution by the Chi M n t_er.. CITY OF BAYTOWN Bt. /I RO iR'CD LLJP[.R,Cu} flair yer C i'v'AC IRL {I, SR . C' t� .- ...ttorncy LANGFORD ENGINEERING, INC. (Signature) �— (JtPrinted Name) ATITSl': Swh Am ➢J?m lo tile Sulndmd fq n .1 11 he_ue One_ e5n Scicc. s . Pagc 6 SIXTH AMENDMENT TO THE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES STATE OF TEXAS COUNTY OF HARRIS This Sixth Amendment ("Sixth 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 ($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 June 4, 2008, ("Second Amendment") in order for the Engineer to perform additional engineering and subconsultant services for the following iterns: 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 I H-10; 3. adding approximately 6,700 LF of sanitary sewer force from the proposed lift station on I-10 to the Northeast District Collection Systern 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 Sixth Amendment to the Standard Form of Agreement between Owner and Engineer for Professional Services,Page 1 WHEREAS. the O\vner 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. 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 en-)ineering, 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. pu11 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 I1-1-10 Alternate 2: N. Main to Sjolander north of I-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. the Owner and Engineer- thereafter entered into the Fifth Amendment to the Agreement on October 18, 2010. ("Fifth Amendment") in order for the Engineer to perform additional engineering/surveying services associated with revising the location of the proposed sanitary sewer lines to accommodate future right-of-way alignment of N. Main. and adding 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, the Owner desires engineer to perform additional design phase and construction phase services associated with the adjustments to the 8 sewer line under North Main Street; adjustments to the 24"" sewer line under- I-10; and adjustments to 12"water line and 4" force maid under Hunt Road for an amount not to exceed TWENTY-FIVE THOUSAND EIGHT HUNDRED SEVENTY-SIX AND 37/100 DOLLARS ($25,876.37): and WHEREAS. Engineer desires to perform the \\ork specified herein in accordance with the terms and conditions contained in this Sixth Amendment. the Fifth Amendment the Fourth Sixth Amendment to the Standard Form of Agreement between Owner and EnLineer for Professional Services. Page 2 Amendment. the Thlyd Amendment. the Second Amendment. the [irst Amendment. and the Agreement; NOW THEREFORE, for and in consideration of the mutual co\cnants 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 Sixth Amendment shall have the same meanings as in the Agreement and First, Second, Third, Fourth and Fifth Amendments. 2. Amendments. 2.01 Paragraph A 1.02.A.2.5 contained in Exhihit "A" of the Agreement is hereby amended to read as follows: A 1.02 Final Design Phase A. After acceptance by OWNER of the Preliminary Design Phase documents and revised opinions of probable Construction Cost as determined in the Prel i m i nary 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 III! station facility located on North Main, south of I H-10 and a proposed interim force main from the site of the IH-10 lift station, east to the existing collection system location at Sjolander and IH-10; 2. lift station wet well/dry pit structure to be designed to accommodate (estimated) ultimate peak flow with interim pumps and piping; 3. consultation,plan, specification and detail preparation; 4. the design, site layout, equipment selection, coordination of electrical and control layout for two proposed standby generators, including fuel design, site layout and drainage improvements to accommodate proposed steel frame structures to shelter pump/valve pits and lift station controls, including accommodation for monorail lifting equipment at Lift Station No. 1 and No. 2; Sixth Amendment to the Standard Form of Agreement between Owner and Engineer for Professional Services,Page 5. revise plan and profile sheets, plus affected details sheets for adjustments to the 8" sewer line under North Main Street; adjustments to the 24" sewer line under 1-10; and adjustments to 12" water line and 4" force main under- Hunt Road; 6. 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 iterns for communication conduit bid prices for the following locations: Alternate 1: south of Archer- Road by Baytown Christian Academy to North of I.H- 10 Alternate 2: N. Main to Sjolander north of 1-10, and d) resubmit affected sheets to pipeline companies for review and approval; h. StruClur'al engineering services, l. i nC 1 ud i ng consultations, plans, specifications and detail preparation; and 2. for the design of structural elements associated with steel frame shelters at each lift station. including framing necessary to accommodate monorail lifting system and construction phase services, including site visits and submittal review. Shelters shall be designed for 130 mph wind loading in accordance with the OWNER's requirements; c. electrical engineering services for: 1. the design of interim components and controls for a sanitary sewer lift station, including consultation plan, specification and detail preparation;and 2. the design and control layouts necessary for automatic starting standby generators at the two (2) proposed lift station facilities associated with this project, and construction phase services, i r1C I t.ld i ng site visits and submittal reviews; Sixth Amendment to the Standard Form of Agreement between Owner and Engineer for Professional Services, Page 4 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); 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 sanitary sewer, and add 2 six-inch communication conduits along the sewer alignment. 2.02 Paragraph C4.0].A.I 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 i» Exhibit A as follows: 1. (Modified)A cost not to exceed amount of$629,627.63 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 404,460.90 C.Bidding and Negotiating Phase 249527.80 d. Construction Phase 1229879.68 e. Post Construction Phase 99926.60 3. Entire Agreement. The provisions of this Sixth Amendment and the provisions of the Fifth Amendment, 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 Sixth Amendment and the provisions of the Fifth Amendment, Fourth Amendment, Third Sixth Amendment to the Standard Form of Agreement between Owner and Engineer for Professional Services,Page 5 Amendment. Second Amendment, First Amendment and/or the Agreement, the provisions of this Sixth Amendment shall control. Nothing contained in this Sixth 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 multiplePP copies. each of which shall be dee d to be an or' 'nal, ut all of which shall constitute but one and the same amendment, this day of 2012, the date of execution by the City Manager. CITY OF B YTOWN By: RO RT D. LEIPER, City Manage ATT T: r 0• LE ICIA BRYSCH, le'&..••Q'< APPROVED AS TO FORM: 4waao ACIO RAMIREZ, SR., City orney LANGFORD ENGINEERING, INC. By: Signature) Printed Name) Title) ATTEST: j retary j R Karen Files.Gngmeering`,En_gineerinL Aureemerns.l.anuford North Main Water Distribution and Sanitary Sewer Collection SIXTH A\9t:\Uti1E:1T doc Sixth Amendment to the Standard Form of Agreement between Owner and Engineer for Professional Services, Page 6