Ordinance No. 12,377ORDINANCE NO. 12,377
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 ARKK ENGINEERS,
L.L.C., FOR THE 2007 STREET BOND PROGRAM - YEAR 5 PROJECT; 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 ARKK Engineers, L.L.C., for the 2007 Street Bond Program -
Year 5 Project. A copy of the amendment is attached hereto, marked Exhibit "A," and made a part hereof
for all intents and purposes.
Section 2: This ordinance shall take effect immedi/fr nd after its passag e by the
City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative ity Council of the City of
Baytown, this the 24h day of October, 2013. A
APPROVED AS TO FORM:
eMACIO RAMIREZ, SR., City 0Aorney
H. DONCARLOS, Mayor
R:\Karen \Files \City Council\0rdinwms\2013 \0ctober 24\ARKKAmendment 42007$t melBondProgram- Ycar5Project.doc
Exhibit "A"
SECOND AMENDMENT
TO THE
ENGINEERING SERVICES 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 ARKK Engineers, L.L.C., dated March 22, 2013, is made by and between the
same parties on the date hereinafter last specified to revise the streets for the 2007 Street Bond Program —
Year 5 Project (the "Project ").
WITNESSETH:
WHEREAS, the City of Baytown ( "OWNER ") and ARKK Engineers, L.L.C., ('ENGINEER ")
did enter into an Engineering Services Agreement, dated March 22, 2013, in an amount not to exceed
FOUR HUNDRED FORTY -TWO THOUSAND FIVE HUNDRED SEVENTY -FIVE AND NO /100
DOLLARS ($442,575.00) for engineering services associated with the Project ( "Agreement'); and
WHEREAS, OWNER and ENGINEER executed the First Amendment to the Agreement on
June 18, 2013 (the "First Amendment') to remove the following two streets from the Project:
and to add the following street to the Project
at no additional cost to the OWNER; and
WHEREAS, OWNER and ENGINEER desire to amend the Agreement again to add the
following to the Project:
along with associated drainage and utility improvements; and
Second Amendment to the Professional Services Agreement, Page I
WHEREAS, OWNER and ENGINEER have agreed that there will be no change in compensation
due to this Second Amendment;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
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 First Amendment and the
Agreement.
2. Amendments
a. The first paragraph of the Agreement is hereby amended to read as follows:
OWNER intends to contract to provide professional engineering design, bid and
construction phase services for the 2007 Street Bond Program — Year 5 Project,
which entails engineering services necessary for the repairs and /or reconstruction
of streets in the City of Baytown, including the following:
Street
Holly Drive
From
Burnet Drive
Hackberry Street
Approximate
1,780 LF
Texoma Street
Laredo Street
Atlantic Street
792 LF
Humble Street
Lanier Dr.
Laredo Street
1,200 LF
Baylor Street
Park Street
Gresham Street
600 LF
N. Jones Street
Park Street
W. Francis Ave.
300 LF
W. Francis Ave.
N. Jones Street
Harvard Street
900 LF
Chilton Drive
Dale Avenue
Dwinnel Drive
925 LF
Baylor Street
Gresham Street
Schilling Street
250 LF
Dwinnel Drive
Chilton Drive
Outfall at Adam
Street
575 LF
Chilton Drive
Dwinnel Drive
East ofNarcille
Street (to new
pavement)
700 LF
along with associated drainage and utility improvements ( "Project "). The types
of repairs that will be made on the above - referenced streets will be determined by
the OWNER after the ENGINEER'S completion of the preliminary engineering
phase (30% submittal). Such repairs may consist of roadway replacement with
either asphalt or concrete pavement, roadway conversion to curb and gutter,
asphalt overlay and base repair, and others as may be desired by the OWNER.
Any water lines, sanitary sewer mains, and drainage pipes that are located under
(or within close proximity to) the roadway pavement will be relocated.
Additionally, driveways will be replaced up to the right -of -way line expansion
joint or construction joint as needed and directed by the OWNER. Sidewalks will
be repaired or replaced on an as- needed basis when impacted by the street
construction effort. Drainage will be addressed in areas of known problems, and
will be limited to on -site storm sewer replacements and outfalls located within
150 feet of the streets associated with the Project.
3. Entire Agreement. The provisions of this Second Amendment and the First Amendment and the
Agreement should be read together and construed as one agreement provided that, in the event of
Second Amendment to the Professional Services Aareement. Page 2
any conflict or inconsistency between the provisions of this Second Amendment and the
provisions of the First Amendment and/or the Agreement, the provisions of this Second
Amendment shall control.
4. Interpretation. 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 Second Amendment.
5. Cagtions. Captions contained in the Agreement, the First Amendment and the 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.
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 Second Amendment, the 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 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 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 , 2013, the date of execution by the
City Manager.
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
CITY OF BAYTOWN
By:
ROBERT D. LEIPER, City Manager
ARKK ENGINE L.L.C.
By:
(Signature)
(Printed Name)
Pr1 t-c.i n M
(Title)
Second Amendment to the Professional Services Agreement, Page 3
ATTEST:
(Signature)
X040, k6(4LUA ;
(Printed Name)
Przv,c- \
(Title)
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Second Amendment to the Professional Services Agreement, Page 4