Ordinance No. 8,383INN 1
ORDINANCE NO. 8383
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN OWNER
AND ENGINEER FOR PROFESSIONAL SERVICES FOR THE REHABILITATION
OF THE 1 -10 SANITARY SEWER EXTENSION PROJECT; AUTHORIZING
ADDITIONAL COMPENSATION IN THE AMOUNT OF THREE HUNDRED
TWENTY -TWO THOUSAND AND NO /100 DOLLARS ($322,000.00) TO CAMP,
DRESSER & MCKEE, INC.; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
WHEREAS, the City of Baytown and Camp, Dresser & McKee, Inc., did enter into an
Agreement between Owner and Engineer for Professional Services on May 14, 1998 (the Agreement ");
and
WHEREAS, Owner and Engineer now desire to amend the Agreement to establish the fees for
the Engineer's services associated with the final design and construction phases of the 1 -10 Sanitary
Sewer Extension Project; NOW THEREFORE,
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 the
execution of Amendment No. I to that certain Agreement between Owner and Engineer for Professional
Services dated May 14, 1998, to establish the engineering fees associated with the final design and
construction phases of the 1 -10 Sanitary Sewer Extension Project. A copy of said 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 additional payment to
Camp, Dresser & McKee, Inc., in the sum of THREE HUNDRED TWENTY -TWO THOUSAND AND
NO 1100 DOLLARS ($322,000.00).
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 10i°' day of September, 1998.
ATTEST:
EILEEN P. HAIL, City Clerk
APPROVED AS TO FORM:
aCKACIO RAMIREZ, SR.,(gky Attorney
cAk1h 1071 Council% Ordinances \CampDresserMcKecAmcndmcntNo I Ordinancc
D,� ( ee:a
PETE C. ALFARO, ayor
® FIRST AMENDMENT
TO THE
AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL
SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment ( "Amendment ") to that certain "Agreement between Owner and
Engineer for Professional Services" between the City of Baytown and Camp, Dresser & McKee,
Inc., dated May 14, 1998, (the "Agreement ") is made by and between the same parties on the
date hereinafter last specified.
WITNESSETH:
WHEREAS, the City of Baytown ( "Owner ") and Camp, Dresser & McKee, Inc.,
( "Engineer ") did enter into the Agreement, on May 14, 1998; and
WHEREAS, Owner and Engineer now desire to establish the fees for the Engineer's
services associated with the final design and construction phases of the I -10 Sanitary Sewer
Extension Project;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby mutually agree as follows:
I.
Unless a different meaning clearly appears from the context, words and phrases as used
in this Amendment shall have the same meanings as in the Agreement.
II.
Section 3.0 of Exhibit A of the Agreement is hereby amended to read as follows:
Services Basis I Compensation Total
Calculation Amount
Preliminary Engineering and Associated Additional Services
Preliminary Engineering
LumE Sum
$ 77,512
Additional Services
1. Surveying
Subcontractor plus 10%
3,795
2. Geotechnical
Subcontractor plus 10%
4,538
Final. Design and Construction Phase and Associated Additional Services
Final Design and Construction Phase
Approximate Construction Cost
$ 3,600,000
Curve A w/ 1.33 Complexity Factor
9.15%
Fee % for Design and Construction
7.78%
Total
$ 280,000
First Amendment, Page
DtNIBIT A
Services
Additional Services
Basis of Compensation
Compensation
Calculation Arnount
1. Surveying
8,250
2. LS Metes & Bounds
3,850
3. Geotechnical
27,890
4. Environmental Study
0
5. Materials Testing
0
6. Bid Doc Reproduction 50 sets
0
7. O &M Manual
0
TOTAL CONTRACT AMOUNT $ 405,835
Part -Time Resident Engineering: Erik Miller, PE $100 /hour as needed
III.
The provisions of this 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 Amendment and the provisions of the Agreement,
the provisions of this Amendment shall control.
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 September, 1998.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
ATTEST:
Secretary
c:lklh 107/ Contract / Engineering /CampDresserMcKeeAmendmentNo I
First Amendment, Page 2
CITY OF BAYTOWN
By: /� 1.
PETE C. ALFARO, Mayor
CAMP, DRESSER & McKEE, INC.
By:
RICHARD A. CLOUTIER, Vice President