Ordinance No. 14,660ORDINANCE NO. 14,660
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 SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH FIVENGINEERING, LLC, FOR
ENGINEERING SERVICES ASSOCIATED WITH THE BARKULOO AND
CONNALLY AREA WATER AND WASTEWATER ANNEXATION PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT
TO EXCEED FOUR HUNDRED SEVENTY-TWO THOUSAND SEVEN HUNDRED
THIRTY-FOUR AND 81/ 100 DOLLARS ($472,734.81); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to the Second Amendment to the
Professional Services Agreement with Fivengineering, LLC, for engineering services associated with the
Barkuloo and Connally Area Water and Wastewater Annexation Project. A copy of the 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 payment to
Fivengineering, LLC, in an amount not to exceed FOUR HUNDRED SEVENTY-TWO THOUSAND
SEVEN HUNDRED THIRTY-FOUR AND 81:100 DOLLARS ($472,734.81) for professional services
in accordance with the 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 Council of the City of
Baytown, this the I It" day of February, 2021.
�iRRANDONKCAPETILLOJMayoT
ATTE
LETICIA BRYSCH, City C1b►rW C
�APPROVED AS TO FORM:KAREN L. HORNER, City Attorney
R Karen Homcr\Documents Files City Council Ordinances 2021 February 11 2ndAmendmentFrveEngmeermg4Barkuloo&ConnallyAreaWater&WastewaterAmexa"onProgect doc
Exhibit "A"
SECOND AMENDMENT
TO THE
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This Second Amendment ("Second Amendment") to the Standard Form of Agreement between
the City of Baytown and Fivengineering, LLC, dated September 30, 2019, is made by and between the
same parties on the date hereinafter last specified to incorporate final design, bidding and construction
phase services for the Barkuloo and Connally Area Water and Wastewater Project (the "Project").
WITNESSETH:
WHEREAS, the City of Baytown ("OWNER") and Fivengineering, LLC ("ENGINEER") did
enter into a Professional Services Agreement, dated September 30, 2019, in an amount not to exceed
NINE HUNDRED EIGHTY-SIX THOUSAND SEVEN HUNDRED THIRTY AND 41/100 DOLLARS
($986,730.41) ("Agreement"); and
WHEREAS, OWNER and ENGINEER entered into the First Amendment to the Agreement on
January _, 2021, in an amount not to exceed FORTY-SEVEN THOUSAND EIGHT HUNDRED
FIFTY AND NO/100 DOLLARS ($47,850.00) ("First Amendment"); and
WHEREAS, OWNER and ENGINEER desire to amend the Agreement for ENGINEER to
perform the following:
1. for the Barkuloo Area Annexation:
a. Eliminate the Barkuloo Lift Station and associated design elements;
b. Add 7,660 linear feet ("LF") of gravity sewer design and the associated design
services, including, but not limited to, survey, geotechnical, environmental, tree
protection and traffic control; and
c. Provide a separate construction package for the Barkuloo Area Annexation; and
d. Update the schedule and compensation for the additional services;
2. for the Connally Area Annexation:
a. Add design services for the two missing annexation areas and
b. Update the schedule and compensation for the additional services; and
3. for the Barkuloo Area Annexation and the Connally Area Annexation:
a. Provide easement appraisal services; and
b. Provide easement acquisition services.
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 Second Amendment shall have the same meanings as in the Agreement and the First
Amendment.
2. Amendments.
a. The first page of the Agreement is hereby amended to read as follows:
Second Amendment, Page 1
OWNER intends to contract to provide professional engineering design, and consulting
services related to the Barkuloo and Connally Area Water and Wastewater Annexation
Project (the "Project"). The Project shall include water and wastewater conveyance design,
lift station design, survey, environmental, geotechnical, traffic control, and tree protection
services for the following scope of work, as more particularly depicted in Appendix A -I and
A-2:
Barkuloo Road Utility Annexation
12-inch sewer
Barkuloo Road
6,700 LF
6-inch force main
Barkuloo Road
60 LF
8-inch sewer
Barkuloo Road
4,050 LF
8-inch sewer
W. Lynchburg
2,600 LF
12-inch water line
W. Lynchburg
2,600 LF
12-inch water line
Barkuloo Road
10,600 LF
12-inch water line
W. Archer Road
1,800 LF
8-inch sewer line
W. Archer Road
1,900 LF
12-inch water line
I-10
2,457 LF
8-inch sewer line
Crosby Cedar Bayou
3,104 LF
8-inch sewer line
Crosby Cedar Bayou
1,974 LF
8-inch sewer line
Archer Road
125 LF
Connally Road Utility Annexation
8-inch sewer
Thomas Road
1,500 LF
8-inch sewer
Sheppard Road
2,500 LF
6-inch water line
Thomas Road
1,400 LF
8-inch water line
Sheppard Road
2,500 LF
6-inch water line
Connally Road
1,600 LF
6-inch water line
Lynchburg Road
1,800 LF
8-inch sewer
Lynchburg Road
2,000 LF
6-inch water line
Lynchburg Road
900 LF
8-inch sewer
Lynchburg Road
800 LF
12-inch sewer
John Martin Road
1300 LF
6-inch water line
Connally Road
1,050 LF
8-inch sewer
Connally Road
970 LF
12-inch water line
John Martin Road
3,850 LF
8-inch sewer
John Martin Road
2,450 LF
8-inch sewer
Connally Road
1,800 LF
OWNER and ENGINEER, in consideration of their mutual covenants as set forth herein,
agree as follows:
b. Exhibit "A" "ENGINEER's Services, Part 1 "Basic Services," Section A1.01.6.b is hereby
amended to read as follows:
PART 1 -- BASIC SERVICES (Modified)
A 1.01 Preliminary Design Phase (Task I and 2)
Second Amendment, Page 2
A. ENGINEER shall:
6. (Modified) Perform or provide the following additional Preliminary Design
Phase tasks or deliverables:
b. Task 2: Technical Memorandum
➢ Research. Review all information provided by OWNER to determine
rehabilitation recommendations for the Project, including existing
construction drawings, specifications, flow charges, OWNER -approved
product specifications, operation reports and maintenance records.
➢ Site Visit/Condition Assessment — Visit the site and perform a visual
assessment of the areas and Review available background information
including plan and profile drawings, site layouts, and preliminary design
reports.
➢ Survey — Engage a consultant to prepare the survey drawings for the
following areas in accordance with the OWNER's requirements:
o Barkuloo Annexation (approximately 22,660 linear feet in
total
Begin at I-10 Eastbound Frontage road and proceed
south on Barkuloo Road for 10,500 feet to East Cedar
Bayou Lynchburg Road. Then proceed west on East
Cedar Bayou Lynchburg Road for 2,600 feet to the
intersection of North Main Street. Begin at the
intersection of Barkuloo Road and East Archer Road and
proceed west for 1,900 feet.
• I-10 Frontage Road: approximately 2,457 LF
• E Cedar Bayou Lynchburg Rd, from Barkuloo
Road to Crosby Cedar Bayou Road:
approximately 3,104 LF
• Crosby Cedar Bayou Road from East Cedar
Bayou Lynchburg Road to Blue Heron Parkway:
approximately 1,974 LF
• East Archer Road, intersection crossing of North
Main and East Archer Road: approximately 125
LF
o Connally Area (approximately 22.050 linear feet in total)
Begin at the intersection of Archer Road and Garth Road
and proceed west 2,150 feet to the termination of Archer
Road and continue along on existing Drainage Channel
for 2,600 feet to the intersection of John Martin Road.
Begin at the intersection of Archer Road and Sheppard
Road and proceed south for 2,600 feet to West Cedar
Bayou Lynchburg Road. Then proceed west 2,800 feet
to John Martin Road and continue north for 2,300 feet.
Begin at the intersection of Connally Road and Sheppard
Road and proceed west 2,800 feet to John Martin Road.
Begin at the intersection of Thomas Road and Sheppard
Road and proceed west 1,350 feet to the existing
Drainage Channel. Begin at the intersection of Bush
Road and West Cedar Bayou Lynchburg Road and
proceed north 3,900 feet following the existing 12-inch
Second Amendment, Page 3
waterline (as indicated by the dashed blue line of
attached PDF) to the proposed extension of Santavy
Street.
• Cedar Bayou Lynchburg Road West of John
martin Road: approximately 900 LF
• W. Cedar Bayou Lynchburg Road east of
Sheppard Road: approximately 650 LF
c. Exhibit "A" "ENGINEER's Services," Part 2 "Additional Services," Section A2.01
"Additional Services" Section A.201 "Additional Services requiring Owner's Authorization in
Advance" shall be amended to read as follows:
PART 2 — ADDITIONAL SERVICES
A2.01 Additional Services Requiring ORWER's Authorization in Advance
ENGINEER shall upon written request of OWNER perform the following services:
1. Environmental Site Assessment Phase I and Phase II if required.
2. Subsurface Utility Excavation (SUE) level A or B, if required to identify pipeline
crossings.
3. Additional easement acquisitions beyond the known acquisition for the lift station.
4. Perform a boundary survey for thirty-two (32) parcel maps for the proposed utility
improvements along W. Cedar Bayou Lynchburg Road. The following tasks will be
performed for boundary survey metes and bounds:
a. Verify parcel area for latest condition of topography;
b. Obtain limited title report;
c. Prepare plat map drawing for each parcel;
d. Prepare metes and bounds description for the parcel;
e. Map check closure for each parcel;
f. Set the parcel on the ground as appropriate; and
g. Provide the following deliverables:
(1) final signed and sealed parcel maps (8.5' x 11' size) and
(2) signed and sealed metes and bounds descriptions.
5. Perform easement appraisal services for the thirty-two (32) properties and easement
appraisal services for fifteen (15) temporary construction easements, including
updated appraisals for ten (10) acquisitions that go to hearings.
6. Provide easement acquisition services for thirty-two (32) properties, excluding title
services to close the property transactions.
Second Amendment, Page 4
d. Exhibit "C" "Payments to ENGINEER for Services and Reimbursable Expenses," Article 4
"Payments to the ENGINEER," Section C4.0I.A.I shall be amended to read as follows:
ARTICLE 4 -- PAYMENTS TO THE ENGINEER
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 $531.830.00based upon the
rate schedule, which is attached as Appendix 1 of Exhibit C and incorporated
herein for all intents and purposes. This amount, which does not include those
ENGINEER'S Consultant's charges and reimbursable expenses, will be
distributed at the completion of each of the phase in the following amount:
Task 1: Preliminary Design Phase ..................................... $39,600.00
Task 2: Design Phase ....................................................... $453,750.00
Task3: Bid Phase................................................................. $8,660.00
Task 4: Construction Phase ................................................ $29,820.00
e. Exhibit "C" "Payments to ENGINEER for Services and Reimbursable Expenses," Article 4
"Payments to the ENGINEER," Section C4.03.A.I shall be amended to read as follows:
ARTICLE 4 -- PAYMENTS TO THE ENGINEER
C4.03 For Additional Services
A. OWNER shall pay ENGINEER for Additional Services as follows:
1. General. For services of ENGINEERSs 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 and shall not exceed the following:
Task 5: Subsurface Utility Excavation ............................... $54,923.00
(Level A and B)
Task 6: ESA -I Services...................................................... $22,762.20
Task 7: ESA -II Services ................................................... $100,465.86
Task 8: Easement Acquisition (32 parcels) ...................... $358,402.00
f. Exhibit "C" "Payments to ENGINEER for Services and Reimbursable Expenses," Article 4
"Payments to the ENGINEER," Section C4.04 shall be amended to read as follows:
Second Amiendment, Page 5
ARTICLE 4 -- PAYMENTS TO THE ENGINEER
C4.04 For Reimbursable Expenses
A. (Modified) When not included in compensation for Basic Services under
paragraph C4.01, OWNER shall pay ENGINEER for Reimbursable Expenses as the rate
set forth in Appendix 2 of this Exhibit C. Before the OWNER shall be liable for any
reimbursable expenses whether included in C4.01 or not, ENGINEER must obtain prior
written approval of the OWNER of any expense that exceeds $1,000 for which
ENGINEER seeks reimbursement. Reimbursable Expenses (Task 9) shall not exceed
$1,000.
g. Exhibit "C" "Payments to ENGINEER for Services and Reimbursable Expenses," Article 4
"Payments to the ENGINEER," Section C4.05 shall be amended to read as follows:
ARTICLE 4 -- PAYMENTS TO THE ENGINEER
C4.05 For ENGINEER's Consultant's Charges
A. (Modified) Whenever compensation to ENGINEER herein is stated to include
charges of ENGINEER's Consultants, those charges shall be the amounts billed by
ENGINEER's Consultants to ENGINEER times a Factor of (L10). 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:
Task 10: Preliminary Design......................................................... $1650.00
Easement Acquisition ..........................
$1,650.00
Task 11: Design Phase..............................................................
$436,732.15
Traffic Control Plans ........................
$54,516.00
Tree Protection .................................
$21,230.00
Surveying ........................................
$224,876.00
Geotechnical Services ....................
$136,110.15
Task12: Design Phase..................................................................... $550.00
Electrical Design ................................... $550.00
3. Entire Agreement. The provisions of this Second Amendment, the 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 Second Amendment and the
provisions of the First Amendment or the Agreement, the provisions of this Second Amendment
shall control.
4. IntoMretation. This Second Amendment has been jointly negotiated by the parties hereunder and
shall not be construed against a party hereunder because that party may have assumed primary
responsibility for the drafting of this Amendment.
Captions. Captions contained in the Agreement, the First Amendment, and this Second
Amendment are for reference only and, therefore, have no effect in construing the documents.
The captions are not restrictive of the subject matter of any section.
Second Amendment, Page 6
6. No Waiver. By this Second Amendment, the Owner does not consent to litigation or suit, and the
Owner hereby expressly revokes any consent to litigation that it may have granted by the terms of
this First Amendment, the Agreement or any other contract or agreement or addenda, any charter,
or applicable state law. Nothing contained in this Second Amendment, the First Amendment or
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 Second 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 , 2021, the date of execution by the
City Manager.
CITY OF BAYTOWN
0
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
RICHARD L. DAVIS, City Manager
Second Amendment, Page 7
FIVENGINEERING, LLC
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RAKamn HornerlDocuments\Files\Engineering\Engineering Agreementsl5engineeringlBarkuloo Connally Lift Station\SeconclAmendment doc
Second Amendment, Page 8