Ordinance No. 14,920 ORDINANCE NO. 14,920
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 THIRD AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH FIVENGINEERING, LLC, FOR
ENGINEERING SERVICES ASSOCIATED WITH THE BARKUL00 AND
CONNALLY AREA WATER AND WASTEWATER ANNEXATION PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT
TO EXCEED ONE HUNDRED NINETY-EIGHT THOUSAND SIX HUNDRED
NINETY AND 67/100 DOLLARS ($198,690.67); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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 Third 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 ONE HUNDRED NINETY-EIGHT THOUSAND SIX
HUNDRED NINETY AND 671100 DOLLARS ($198,690.67) for professional 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 vote of the City C uncil of the City of
Baytown, this the 28"'day of October, 2021.
DON CAPE ILLO,Mayor
ATTEST:
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ANGELA CKSON, City Clerk
APPROVED AS TO FORM:
K N L. HORNER, City Attorney
RrKarcu Horner Documents Fjles City Council Ordtnanees 2021 Oclobcr I3 7sdAmcndmeni FivcEngineamg46arkuloo&ConnallyAreaWaty&Wmim%atvAnne.mion?rojoct.docx
Exhibit "A"
THIRD AMENDMENT
TO THE
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Third Amendment ("Third 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") entered
into a Professional Services Agreement, dated September 30, 2019, in an amount not to exceed NINE
HUNDRED EIGHTY-SEVEN THOUSAND SEVEN HUNDRED THIRTY AND 41/100 DOLLARS
($987,730.41) ("Agreement"); and
WHEREAS, OWNER and ENGINEER entered into the First Amendment to the Agreement on
January 29, 2021, in order for ENGINEER to provide additional services associated with easement
appraisal and acquisition services for parcels along Cedar Bayou Lynchburg Road for the Project in an
amount to not exceed FORTY-SEVEN THOUSAND EIGHT HUNDRED FIFTY AND NO/100
DOLLARS ($47,850.00) (the First Amendment"); and
WHEREAS,OWNER and ENGINEER entered into the Second Amendment on February 12,2021,
in order 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
(the "Second Amendment"); and
WHEREAS, OWNER and ENGINEER desire to enter into this Third Amendment to the
Agreement in order for ENGINEER to
l. to revise the W. Cedar Bayou Lynchburg Road water and sewer design with the Harris County
Engineering Department proposed right-of-way expansion, including additional survey
services, metes&bounds services,and title research services;
2. to provide for services for 10 contested appraisals and associated hearings, including updated
appraisals,preparation, and testimony;
3. to provide services for right-of-way acquisitions instead of easement acquisitions;
4. to provide relocation services for three properties, including landlord eligibility costs;
5. To provide for a fourth construction package for the W, Cedar Bayou Lynchburg Road Area
Annexation; and
6. To perform additional engineering services associated with this Third Amendment;
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 Third Amendment shall have the same meanings as in the Agreement.
2. Amendments.
a. Exhibit "A" "ENGINEER's Services, Part 1 "Basic Services," Section A 1.01.6.b is hereby
amended to read as follows:
PART I --BASIC SERVICES(Modified)
A 1.01 Prelinzina,y Design Please(Task I and 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
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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 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
o Connally Added Area
perform a topographical survey of additional right-of-
way area on forty feet on the north side of Cedar
Bayou Lynchburg from west of John Martin to east of
Sheppard Road which is approximately 4,200 feet.
update the utility alignment of the water and sewer
line along Cedar Bayou Lynchburg so that it is within
the proposed right-of-way and outside the paving of
the widened road of Cedar Bayou Lynchburg Road.
➢ Utility Alignment. Revise the utility alignment and production of the
construction documents.
➢ Permit Submittals. Perform engineering services associated with permit
submittals to the Harris County Engineering Department and Harris
County Flood Control District and to TCEQ.
➢ Right-of-way Maps. Produce right-of-way maps for Harris County
Engineering Department coordination.
b. 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:
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PART 2--ADDITIONAL SERVICES
A2.01 Additional Sen-ices Requiring Off'NERs Attthorizatiai iii Advctlrce
ENGINEER shall upon written request of OWNER perform the following services:
l. 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-eight (38) 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 scaled parcel maps(8.5'x I F size)and
(2) signed and sealed metes and bounds descriptions.
5. Perform fee appraisal services for the thirty-eight(38)properties and easement appraisal
services for thirty-eight (38) temporary construction easements, including updated
appraisals for fifteen(15)acquisitions that go to hearings.
6. Provide right-of-way acquisition costs
7. Provide acquisition services for thirty-two (38) properties, including title research
services.
8. Provide relocation services for three (3) properties, including those that qualify for
landlord eligibility
c. Exhibit "C" "Payments to ENGINEER for Services and Reimbursable Expenses," Article 4
"Payments to the ENGINEER," Section C4.03.A.1 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
Pavtnent
A. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit A as follows:
1. (Modified)A cost not to exceed amount of $546,200.00, based upon the rate schedule,
which is attached as Appendix 1 of Exhibit C and incorporated herein for all intents
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and purposes. This amount, which does not include those ENGINEER'S Consultant's
charges and reimbursable expenses, and will be distributed at the completion of each
of the phase in the following amount:
Task 1: Preliminary Design Phase......................................S39,600.00
Task 2: Design Phase........................................................$468,120.00
Task 3: Bid Phase..................................................................$8,660.00
Task 4: Construction Phase.................................................S29,820.00
d. 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 Set-vices
A. OWNER shall pay ENGINEER for Additional Services as follows:
1. General. For services of ENGINEER'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 a 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 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 ...............................S54,923.00
(Level A and B)
Task 6: ESA-1 Services.......................................................S22,762.20
Task 7: ESA-II Services....................................................$100,465.86
Task 8: Property Acquisition and Related Services...........$542722.67
3. Entire Agreement. The provisions of this Third 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 Third Amendment and the provisions of the Agreement, the
provisions of this Third Amendment shall control.
4. Interpretation. This Third 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 Third Amendment.
5. Captions. Captions contained in the Agreement and Third 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 Third 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 Third Amendment,the Agreement or any other contract or agreement or addenda,any charter,
or applicable state law. Nothing contained in this Third Amendment or in the Agreement shall be
construed in any way to limit or to waive the City's sovereign immunity.
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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 2021, the date of execution by the City
Manager.
CITY OF BAYTOWN
By:
RICHARD L. DAVIS, City Manager
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
FIVENGINEERING, LLC
By:
(Signature)
(Printed Name)
(Title)
ATTEST:
(Signature)
(Printed Name)
(Title)
R:''Karen Homer\l)ocuntatts Files\Engincering\Engineering Agrccnicnts\5cngincering\Bitrkuloo Conally Watcr and Wastew•atcr',TliirdAmcndnunt.docx
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