Ordinance No. 12,804ORDINANCE NO. 12,804
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 FOURTH AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH MALCOLM PIRNIE, INC., FOR
ADDITIONAL BIDDING AND PHASE SERVICES FOR THE CENTRAL DISTRICT
WASTEWATER TREATMENT PLANT PROJECT; AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIFTY -FIVE
THOUSAND AND NO /100 DOLLARS ($55,000.00); 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 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 Fourth Amendment to the
Professional Services Agreement with Malcolm Pirnie, Inc., for additional bidding and design phase
services for the Central District Wastewater Treatment Plant 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 Malcolm
Pirnie, Inc., in an amount not to exceed FIFTY -FIVE THOUSAND AND NO /100 DOLLARS
($55,000.00) for additional engineering services in accordance with the amendment authorized in Section
1 hereinabove.
Section 3: This ordinance shall take effect immediately
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative
Baytown this the 26"' day of February, 2015.
ATT T: ~ y L
t",,� '
LETICIA BRYSCH, t1rty_kQ1Vk
APPROVED AS TO FORM: Y,
NACIO RAMIREZ, SR., t Attorney
H.
after its passage by the
City Council of the City of
S, Mayor
R:+Karert Files'•City Council '.Ordinances\2015'.February 26W uthorizeFourthAmendmentwithMalcolmPimieContract4CentraDis trictWWTPProject.doc
Exhibit "A"
FOURTH AMENDMENT
TO THE
ENGINEERING SERVICES AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This Fourth Amendment ( "Fourth Amendment ") to the Standard Form of Agreement between the
City of Baytown and Malcolm Pirnie, Inc., dated February 11, 2009, is made by and between the same
parties on the date hereinafter last specified to authorize the additional services associated with the
Central District Wastewater Treatment Plant Project (the "Project ").
WITNESSETH:
WHEREAS, the City of Baytown ( "OWNER ") and Malcolm Pirnie, Inc., ( "ENGINEER ") did
enter into an Engineering Services Agreement, dated February 11, 2009, in an amount not to exceed
ONE HUNDRED THIRTY -EIGHT THOUSAND THREE HUNDRED SEVENTEEN AND NO/100
DOLLARS ($138,317.00) for preliminary design phase services associated with the Project
( "Agreement "); and
WHEREAS, OWNER and ENGINEER amended the Agreement on January 29, 2010, for
ENGINEER to provide design, bidding, construction, and post - construction phase engineering services
for the Project for a cost not to exceed SIX HUNDRED THIRTY THOUSAND ONE HUNDRED
FIFTY -ONE AND N011 00 DOLLARS ($630,151.00) (the "First Amendment "); and
WIIEREAS, OWNER and ENGINEER amended the Agreement on June 30 2010, for
ENGINEER to conduct a Phase I — Environmental Site Assessment for 1.93 acres north of the Central
District WWTP on West Main Street in Baytown, Harris County, Texas, at the intersection of West Main
Street and Banymore Blvd. for a cost not to exceed FOUR THOUSAND FIVE HUNDRED EIGITTY-
SIX AND N01100 DOLLARS ($4,586.00); and
WHEREAS, OWNER and ENGINEER amended the Agreement on January 10, 2013, for the
ENGINEER to perform additional services to address design revisions driven by the Texas General Land
Office's review comments for a total cost not to exceed TWENTY -SEVEN THOUSAND SEVEN
HUNDRED AND N01100 DOLLARS ($27,700.00); and
WHEREAS, OWNER and ENGINEER desire to amend the contract again in order for the
ENGINEER to perform additional services to accommodate requirements of the Texas General Land
Office and unforeseen buried utility conflicts encountered in the field during construction for a total cost
not to exceed FIFTY -FIVE THOUSAND AND N01100 DOLLARS ($55,000.00); and
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 Fourth Amendment shall have the same meanings as in the Second Amendment, the
First Amendment and the Agreement.
Amendments,
Fourth Amendment, Page 1
a. The scope of services to be performed by the ENGINEER is hereby amended to include
additional services during the bid phase and construction phase as a result of the following:
➢ Additional scope to accommodate requirements of the GLO; and
➢ Unforeseen buried utility conflicts encountered in the field during construction.
b. Additional Services. Pursuant to Exhibit A, Part 2, Paragraph A.201 of the Agreement,
ENGINEER hereby agrees to perform the following additional services detailed in subsection
1 of this subsection for the cost specified in subsection 2 of this subsection.
Services. ENGINEER will conduct the following additional services for and on behalf of
OWNER:
(a) Bidding or Negotiating Phase:
ENGINEER shall perform additional services necessary to assist OWNER in
accommodating the requirements of the Texas General Land Office .
(b) Construction Phase:
ENGINEER shall
(1) perform additional services necessary to assist OWNER in accommodating the
requirements of the Texas General Land Office;
(2) perform additional services necessary due to unforeseen buried utility conflicts
encountered in the field during construction.
(3) perform additional services necessary as a result of the expanded scope detailed
in subsection a hereinabove, including, but not limited to, reviews of shop
drawings, samples and submittals, preparation of additional change orders,
additional site visits, and review of additional requests for interpretation and pay
applications.
2. Compensation. For the services specified in subsections 2.a. and 2.b.1(a) and (b) of this
section, OWNER shall compensate ENGINEER a cost not to exceed FIFTY -FIVE
THOUSAND AND N01100 DOLLARS ($55,000.00) based upon the rate schedule in
Appendix 1 of Exhibit C. Such services shall not exceed the following for the additional
services specified herein:
Additional Bidding/Negotiation Phase ..........................$ 16,700
Additional Construction Phase Services ........................$ 38,300
Entire Agreement. The provisions of this Fourth Amendment and the provisions of the Third
Amendment, the 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 Fourth Amendment and the provisions of the Third
Amendment, the Second Amendment, the First Amendment or the Agreement, the provisions of
this Fourth Amendment shall control for the services specified herein.
Interpretation. This Fourth 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 Fourth Amendment.
Captions. Captions contained in the Agreement and the Fourth 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.
Fourth Amendment, Page 2
6. No Waiver. By this Fourth 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 Fourth Amendment, the Third Amendment, the 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 Fourth Amendment or in the Third Amendment, the 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 , 2015, the date of execution by the
City Manager.
CITY OF BAYTOWN
By:
ROBERT D. LEIPER, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
ACID RAMIREZ, SR., >t A torney
MALCOLM PIRNIE,
By:
(Si a e
(.Printed Name)
(Title)
ATTEST:
(Title)
R• \Karen \Files \Engmcenng\Engtneenng AgreementsNalcolm Ptrme \Central District Wastewater Treatment Plant\FourthAmendmentRevised doc
Fourth Amendment, Page 3