Ordinance No. 12,046ORDINANCE NO. 12,046
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 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT FOR THE 2007 STREET BOND PROGRAM - YEAR 4 WITH BINKLEY &
BARFIELD, INC.; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FORTY -
FIVE THOUSAND SEVEN HUNDRED AND NO /100 DOLLARS ($45,700.00); 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 Council ofthe City of Baytown, Texas, hereby authorizes and directsthe City
Manager to execute and the City Clerk to attest to the First Amendment to the Professional Services Agreement for
the 2007 Street Bond Program - Year 4 with Binkley & Barfield, Inc. A copy of said First 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 Binkley &
Barfield, Inc., in an amount not to exceed FORTY -FIVE THOUSAND SEVEN HUNDRED AND NO /100
DOLLARS ($45,700.00) for engineering services in accordance with the First Amendment authorized in Section 1
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 of the City o ouncil of the City of Baytown this
the 13" day of September, 2012. 1
CIANACIO RAMIREZ, SR., Ci ttorney
DONCARLOS,
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Amendment.
10 The definition ol'Project on Page 1 ol'the Agreement shall be amended to include
the following additional streets located in Baytown, Harris County. Texas:
2.02 Section A2.01 of Exhibit A of the Agreement is hereby amended read as lollovs:
A2.01 rlcl�lilk�rrul .Serrrcesli'egtrrrh{ Unvmr's.1rrllrwi= rrlirm At:fclrtutce�
A, I)esiga 11hase. Upon specific written authorization from OWNER,
CONSULTANT shall perform the following design phase services
with respect to Bayou Avenue and Cedar Avenue, collectivel\ herein
referred to as "Additional Streets ":
I . Prepare final Drawings indicating the scope, extent, and character of
the Work to be performed and lurnished by Contractor.
Specifications will be prepared. where appropriate, in conformance
with the 16- division format of the Construction Specifications
Institute or other format agreed to in writing by OWNER and
ENGINEER.
2. Provide technical criteria, written descriptions, and design data for
OWNER's use in filing applications for permits from or approvals
of governmental authorities having jurisdiction to review or approve
the final design of the Project and assist OWNER in consultations
with appropriate authorities.
3. Perlorm or provide the following additional final Design Phase tasks
or deliverables:
a. Prepare design plans and technical specifications for the
proposed pavin g. drainage, and utility improvements for the
reconstruction of the Additional Streets. %which constitute the
Project;
b. Prepare both the written Storm Water Pollution Prevention
Plan along with drawings and details.
c. Update the traffic control plans in accordance with the Texas
Manual on Uniform 'Traffic Control Devices ('I'N1U "fCD) to
include the Additional Streets.
d. Prepare specific construction notes and specifications limr the
Additional Streets.
First Amendment to the Standard Form ol'Agreement
bemecn Owner and t:neincer tin- Prolessional Services. face 2
e. The standard OWNER detail sheets libr water. sewer, and storm
and the standard OWNER detail sheet for paving details and
typical cross - sections shall be included in the project plans.
I. Cause to be perl'ormed the following services:
I. Surveying.
A detailed topographical survey for each street segment
identifying the evident rights -ol =way will be perlimrmed.
The survey shall establish surveying limits based on the
best available inlbrmation. This shall include a limit of
100 lect within the existing right-of-way in each direction
for all intersections..
z. TDI.R Review
An ADA review shall be provided and plans shall be
submitted to the TI)LIt.
La. All geometric design shall be in conformance with the
applicable OWNI:R standards. except where variances are
permitted, applicable Harris County standards, and TNIU'TCD.
h. Consult with the OWNEIt and afi'ected utility companies to
define and clarify the project requirements and available
related data.
i. Meet and coordinate ►with the MVNLA' . Harris Count\ Flood
Control District (I-ICI:CD), stakeholders. utility owners. as
needed to fhcilitate coordination and approval of the
Construction Documents.
j. Prepare for and attend project status meetings with the
OWNER.
k. The Project will require plans to be reviewed in accordance
with Texas Architectural Barriers Project Registration
(TABPR) guidelines. ENGINEER will submit the drawings to
a state licensed reviewer l'or revic►v and approval. ENGINEt:lz
will prepare the TABVIt application and estimate the revic►►
Ice. ENGINEER will submit the completed application and a
set of construction drawings to the reviewer for review and
approval. ENGINI:E12 will coordinate with the reviewer to
address comments. Once all comments have been cleared. the
Project will be registered with the 'Texas Department of
Licensing and Regulations (TDl -R). The application fee along
with any review fee(s) required by 'TDI.R will be a
subcontractor fee, and therefore, will be billed as such.
4. The deliverable shall include final plan and proille drimim�s of ' the
Additional Sweets
3.03 I-or Construction Phase Services. the definition of Project on Pace I of the
agreemcnt shall be amended to include the lolltm ing additional streets located in
Ba)-town, 1 larris County, Texas:
First Amendment to the Standard Form ot'Agreement
hemeen Owner and Eneineer ror Processional Ser%ices. Page 3
2.04 Section 04.03 of Exhibit C of the Agreement is hereby amended to read as
follows:
C4.03 Foa• Adrliliclrral Services
A. OWNER shall pay CONSULTANT for Additional Services as follows:
1. General. For services of CONS ULI'ANT'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 it 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 I
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:
Design Phase for Additional Streets ..... ............................... $22.226.00
Construction Phase Services f'or the Additional Streets ....... $3.17.1.00
a. Section C4.05 of Exhibit C of the Agreement is hereby amended to read as
follows:
04.05 Ibr CONSUL"T'ANT' CuusrrlrarN'.r C'lurr�es
A. (Modified) Whenever compensation to CONSULTANT herein is stated to
include charges of CONSUTA'ANT'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 lollowwing 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:
Surveying.................................................. ............................... S7 3,603
Geotechnical Investigation ............................... ........................ $16.082
Urban Forestry .......................................... ............................... $30.800
Environmental Investis•ation ..................... ............................... S 4.620
Fin-a a_1it endmem to the Standard Form
between Owner am.1 Rntincer liar Protcssional Sen-iec%. Page 4
ADAlI'AS Compliance ............................... ..............................S 1.815
Additional Services for the Additional Streets:
"Topographical Survey ........ ............................... ........................$20.300
3. Entire Agreement. The provisions of this First 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 First Amendment
and the provisions of the Agreement, the provisions of (his First Amendment shall
control. Nothing contained in this First Amendment shall be construed in any way to
limit or to waive the City's sovereign immunity.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one
and the same amendment, this day of , 2012, the date of
execution by the Interim City Manager.
CITY OF BAYTOWN
ROBERT 1). LEIPER, City Manager
ATfES "T:
LETICIA BRYSCI•l, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIRE %, SR., City Attorney
BINKLEY #ILIC)I-
DA F1ELD, INC.
By'
(Sig
Vj d d .
(Printed Name)
V.
(-Title)
First Amendment to the Standard Fonn of Agreement
between 0%%ncr and Engineer for Professional Services. Page 5
ATTEST:
nAl
Se retary
8 -2q ^l/�,
s;pp
ASHLEE MICHELLE McCONNELL
Notary Public
STATE OF TEXAS
My Comm. Exp. 0712212014
R Apiwi ilWBinklei & Birlicld U07 Su vi Bond hopain • Ycar a FIRS I' ANIINUMAiM. "
First Amendment to the Standard Form ol'Atarcement
between Owner and Engincer for ProlCSSional Services. Page 6