Ordinance No. 14,229ORDINANCE NO. 14,229
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH HR GREEN, INC., FOR ENGINEERING SERVICES
ASSOCIATED WITH THE CDBG DISASTER RECOVERY PROGRAM, S. MAIN
STREET AND E. REPUBLIC AVENUE STORM SEWER PROJECT; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED
TWO HUNDRED EIGHTY-FIVE THOUSAND TWO HUNDRED EIGHTY-ONE
AND 16/100 DOLLARS ($285,281.16); MAKING OTHER PROVISIONS RELATED
THERETO; 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 First Amendment to the
Professional Services Agreement with HR Green, Inc., for engineering services associated with the
CDBG Disaster Recovery Program, S. Main Street and E. Republic Avenue Storm Sewer Project. A
copy of said amendment is attached hereto as Exhibit "A" and incorporated herein for all intents and
purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to HR Green,
Inc., in an amount not to exceed TWO HUNDRED EIGHTY-FIVE THOUSAND TWO HUNDRED
EIGHTY-ONE AND 161100 DOLLARS ($285,281.16) for professional services in accordance with the
amendment authorized in Section 1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by FIFTY THOUSAND AND NOI100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent
(25%).
Section 4: 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 C it of the City of
Baytown this the 241h day of October, 2019.
BRANDON CAPETILLO, Mayo
S VX,
APPROVED AS TO FORM:
610&ACIO RAMIREZ, SR., C' tto ey
cobfs0I\legallKarenTileslCityCouncil. ances\20191October241HRGreenPSA4SMain&ERepublic.doc
EXHIBIT "A"
FIRST AMENDMENT
TO THE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment ("First Amendment") to the Standard Form of Agreement between the
City of Baytown and FIR Green, Inc., dated August 12, 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 Main and Republic Storm Sewer Project (the "Project").
WITNESSETH:
WHEREAS, the City of Baytown ("OWNER") and HR Green , Inc. ("ENGINEER") did enter
into a Professional Services Agreement, dated August 12, 2019, in an amount not to exceed ONE
HUNDRED TWELVE THOUSAND EIGHTY-SIX AND 25/100 ($112, 086.25) ("Agreement"); and
WHEREAS, OWNER and ENGINEER desire to amend the Agreement for ENGINEER to
provide final design, bidding and construction phase services for the Main and Republic Storm Sewer
Project;
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 First Amendment shall have the same meanings as in the Agreement.
2. Amendments
a. The scope of the services to be performed by the ENGINEER is hereby amended to
incorporate t to incorporate final design, bidding and construction phase services for the Main
and Republic Storm Sewer Project.
b. Part 1 of Exhibit "A" ENGINEER's Services" is hereby amended to add Section A1.02
"Design Phase," which section shall read as follows:
PART 1 -- BASIC SERVICES (Modified)
A 1.02 Design Phase
A. Upon written authorization from OWNER, ENGINEER shall:
1. Provide technical criteria, written descriptions, and design data for OWNER's
use in filing applications for permits from or approvals of governmental
authorities having jurisdiction to review or approve the final design of the
Project and assist OWNER in consultations with appropriate authorities.
First Amendment, Page I
2. Prepare final Drawings indicating the scope, extent, and character of the Work
to be performed and furnished by Contractor. Specifications will be prepared,
where appropriate, in conformance with the 16-division format of the
Construction Specifications Institute or other format agreed to in writing by
OWNER and ENGINEER.
3, Advise OWNER of any adjustments to the opinion of probable Construction
Cost and any adjustments to Total Project Costs known to ENGINEER.
4. Attend meetings with, participate in conference calls with and prepare
presentations for OWNER and other applicable agencies, utility owners,
pipelines, railroads, and other affected stakeholders to review design details,
to discuss and finalize design issues, and to coordinate the Project.
Perform or provide the following additional Final Design Phase tasks or
deliverables:
a. Coordination, Data Collection, Review and Approval, including:
(1) Project Meetings
(2) Internal QA/QC (90% & 100% Reviews)
(3) Coordinate, Review and Approvals with OWNER
(4) Coordinate, Review and Approvals with HCFCD (if required)
(5) Coordinate, Review and Approvals with TxDoT (if required)
(6) Coordinate/Approval with Private Utilities
(7) Coordinate/Approval with Railroads (if required)
(8) Coordinate with Adjacent Ongoing Projects (if required)
(9) Coordinate with Property Owners (Rights of Entry/Encroachment
Letters)
(10) Field Visits and Data Collection
b. Prepare Contract Documents, including:
(1) Cover Sheet (Project Title; Location & Vicinity Map)
(2) Index of Drawings
(3) General Construction, Private Utility Notes, & HCFCD Notes (If
Required)
(4) Legends (Const. & Topo), Abbreviations & Plan & Profile Key
Notes
(5) Project Layout - Pavement & Boring Location Plan
(6) Project Layout Existing & Proposed Ditch Improvements/Storm
Sewers
(7) Traffic Control Plan
(8) Storm Water Pollution Prevention Plan and Report
(9) Typical Sections
(10) Drainage Area & Overland Sheet Flow Map
(11) Drainage Calculations/Area Inlet Analysis
(12) Driveway Schedule
(13) Earthwork (Cut & Fill) & Summary Sheet
(14) Flood Plain Volume Calcs (If Required)
First Amendment, Page 2
c. Prepare Standard Details, including:
(1) Pavement Details
(2) Excavation, Bedding, Backfill & Pavement Repair Details
(3) Sanitary Sewer Details
(4) Storm Sewer Details
(5) HCFCD Details
(6) Water Line Details
(7) Special Details
(8) Pavement Markings
(9) Project Sign
d. Provide TDLR Plan Review Services
6. Furnish five (5) review copies and one electronic copy in a format approved by
the OWNER of the 90% submittal, including Bidding Documents, along with
an Opinion of Probable Construction Costs for the Project to OWNER within
fifty-seven (57) calendar days of authorization to begin final design services
and review it with OWNER.
7. Revise the 90% submittal in response to OWNER's and other parties'
comments, as appropriate, and incorporate such revisions in the 100% Bidding
Documents.
8. Furnish three (3) review copies and one electronic copy in a format approved
by the OWNF-R of the 100% Bidding Documents for review and approval by
OWN1:R, its legal counsel, and other advisors, as appropriate, review it with
OWNER, and assist OWNER in the preparation of other related documents.
9. Revise the 100% Bidding Documents in response to OWNTR's and other
parties' comments, as appropriate, and submit 15 final sets of Bid Documents
in pdf format on compact disks and an updated opinion of probable
Construction Cost to OWNER within eighty-three (83) calendar days after
authorization to proceed with this phase.
10. (Added) Prepare additional line items in the Bid Tabulations, assuming the
project documentation, including plans and specifications, were originally
prepared to reflect these items, as reasonably requested by OWNER, so long as
this/these request(s) is made prior to the submission of the final Bidding
Documents.
B. In the event that the Work designed or specified by ENGINEER is to be performed
or furnished under more than one prime contract, or if ENGINEER's services are to
be separately sequenced with the work of one or more prime Contractors (such as
in the case of fast -tracking), OWNER and ENGINEER shall, prior to
commencement of the Final Design Phase, develop a schedule for performance of
ENGINEER's services during the Final Design, Bidding or Negotiating,
Construction, and Post -Construction Phases in order to sequence and coordinate
properly such services as are applicable to the work under such separate prime
contracts. This schedule is to be prepared and included in or become an
First Amendment, Page 3
amendment to Exhibit A whether or not the work under such contracts is to
proceed concurrently.
C. (Modified) ENGINEER's services under the Final Design Phase will be considered
complete on the date when the submittals required by paragraph A1.02.A.I I have
been delivered to and accepted by OWNER.
c. Part I of Exhibit "A" ENGINEER's Services" is hereby amended to add Section A1.03
"Bidding or Negotiating Phase," which section shall read as follows:
PART I -- BASIC SERVICES (Modified)
A 1.03 Bidding or Negotiating Phase
A. After acceptance by OWNER of the Bidding Documents and the most recent
opinion of probable Construction Cost as determined in the Final Design Phase and
upon written authorization by OWNER to proceed, ENGINEER shall:
1. Assist OWNER in advertising for and obtaining bids for the Work.
2. Answer questions and issue Addenda as appropriate to clarify, correct, or
change the Bidding Documents.
3. Consult with OWNER as to the acceptability of subcontractors, suppliers, and
other individuals and entities proposed by Contractor for those portions of the
Work as to which such acceptability is required by the Bidding Documents.
4. Perform or provide the following additional Bidding or Negotiating Phase
tasks or deliverables:
a. Reproduce and disseminate Bidding Documents to Dodge, AOC, ABC,
and Amtek
b. Distribute plans to interested bidders.
c. Keep record of plan holder's list
d. Prepare a letter of recommendation of award to the OWNER, which
services shall include
e. Checking for math errors and reconcile any mathematical discrepancies;
f. Reviewing for unbalance bid items;
g. Certifying Bid Tabulation including Engineer's estimate;
h. Reviewing contractor's financial standing and references provided;
i. Explaining discrepancies between the Engineer's estimate and bids; and
j. Recommending award.
k. Attend the Council meeting for award of the contract for the Project.
5. Attend the Mandatory Pre -Bid Conference and the Bid opening, prepare Bid
tabulation sheets, assemble contract documents, assist OWNER in both
evaluating Bids or proposals and awarding contracts for the Work.
6. Assist in connection with Bid protests, rebidding, or re -negotiating contracts
for construction, materials, equipment, or services.
First Amendment, Page 4
B. The Bidding or Negotiating Phase will be considered complete upon
commencement of the Construction Phase.
d. Part 1 of Exhibit "A" ENGINEER's Services" is hereby amended to add Section A 1.04
"Construction Phase," which section shall read as follows:
PART 1 -- BASIC SERVICES (Modified)
A 1.04 Construction Phase.
A. Upon successful completion of the Bidding and Negotiating Phase, and upon
written authorization from OWNER, ENGINEER shall:
General Administration of Construction Contract. Consult with OWNER and
act as OWNER's representative as provided in the General Conditions. The
extent and limitations of the duties, responsibilities and authority of
ENGINEER as assigned in said General Conditions shall not be modified,
except as ENGINEER may otherwise agree in writing. All of OWNER's
instructions to Contractor will be issued through ENGINEER, who shall have
authority to act on behalf of OWNER in dealings with Contractor to the extent
provided in this Agreement and said General Conditions except as otherwise
provided in writing.
Construction and Materials Testing. Engage a contractor to provide
construction material testing, including concrete inspections, concrete test
cylinders, reinforcing steel inspection and provide an engineering and report
review as necessary for the Project. ENGINEER shall provide two sets of blue
prints (civils and structurals) and one copy of the specification book to
ENGINEER's construction and material testing subconsultant.
3. Pre -Construction Conference. Coordinate and prepare the pre -construction
conference agenda and other required documentation. Participate in a Pre -
Construction Conference prior to commencement of Work at the Site. Prepare
and distribute meeting minutes.
4. Baselines and Benchmarks. As appropriate, establish control and temporary
benchmarks for locating the Work which in ENGINEER's judgment are
necessary to enable Contractor to proceed.
5. Visits to Site and Observation of Construction. In connection with
observations of Contractor's work in progress while it is in progress:
a. Make visits to the Site at intervals appropriate to the various stages of
construction, appropriate to verify Contractor's payment requests, and as
ENGINEER and/or OWNER deems necessary, in order to observe as an
experienced and qualified design professional the progress and quality of
the Work. Such visits and observations by ENGINEER, and the Resident
Project Representative, if any, are not intended to be exhaustive or to
extend to every aspect of Contractor's work in progress or to involve
detailed inspections of Contractor's work in progress beyond the
First Amendment, Page 5
responsibilities specifically assigned to ENGINEER in this Agreement and
the Contract Documents, but rather are to be limited to spot checking,
selective sampling, and similar methods of general observation of the
Work based on ENGINEER's exercise of professional judgment as assisted
by the Resident Project Representative, if any. Based on information
obtained during such visits and such observations, ENGINEER will
determine if Contractor's work is proceeding in accordance with the
Contract Documents, and ENGINEER shall keep OWNER informed of
the progress of the Work.
(Modified) The purpose of ENGINEER's visits to, and representation by
the Resident Project Representative, if any, at the Site, will be to enable
ENGINEER to better carry out the duties and responsibilities assigned to
and undertaken by ENGINEER during the Construction Phase, and, in
addition, by the exercise of ENGINEER's efforts as an experienced and
qualified design professional, to provide for OWNER a greater degree of
confidence that the completed Work will substantially conform to the
Contract Documents and that the integrity of the design concept of the
completed Project as a functioning whole as indicated in the Contract
Documents has been implemented and preserved by Contractor.
ENGINEER shall not, during such visits or as a result of such observations
of Contractor's work in progress, supervise, direct, or have control over
Contractor's work, nor shall ENGINEER have authority over or
responsibility for the means, methods, techniques, sequences, or
procedures of construction selected by Contractor, for safety precautions
and programs incident to Contractor's work, or for any failure of
Contractor to comply with Laws and Regulations applicable to
Contractor's furnishing and performing the Work. Accordingly,
ENGINEER neither guarantees the performance of any Contactor nor
assumes responsibility for any Contractor's failure to furnish and perform
its work in accordance with the Contract Documents.
6. Defective Work. Recommend to OWNER that Contractor's work be
disapproved and rejected while it is in progress if, on the basis of such
observations, ENGINEER believes that such work will not produce a
completed Project that substantially conforms to the Contract Documents or
that it will prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated in the Contract Documents.
7. Clarifications and Interpretations; Field Orders. Issue necessary clarifications
and interpretations of the Contract Documents as appropriate to the orderly
completion of Contractor's work. Such clarifications and interpretations will
be consistent with the intent of and reasonably inferable from the Contract
Documents. ENGINEER may issue Field Orders authorizing minor variations
from the requirements of the Contract Documents.
8. Change Orders and Work Change Directives. Recommend Change Orders
and Work Change Directives to OWNER, as appropriate, and prepare Change
Orders and Work Change Directives as required.
First Amendment, Page 6
9. Shop Drawings and Samples. Review and approve or take other appropriate
action in respect to Shop Drawings and Samples and other data which
Contractor is required to submit, but only for conformance with the
information given in the Contract Documents and compatibility with the
design concept of the completed Project as a functioning whole as indicated in
the Contract Documents. Such reviews and approvals or other action will not
extend to means, methods, techniques, sequences or procedures of construction
or to safety precautions and programs incident thereto. ENGINEER has an
obligation to meet any Contractor's submittal schedule that has earlier been
acceptable to ENGINEER.
10. Substitutes and "or -equal." Evaluate and determine the acceptability of
substitute or "or -equal" materials and equipment proposed by Contractor, but
subject to the provisions of paragraph A2.01 of this Exhibit A.
11. Inspections and Tests. Require such special inspections or tests of Contractor's
work as deemed reasonably necessary, and receive and review all certificates
of inspections, tests, and approvals required by Laws and Regulations or the
Contract Documents. ENGINEER's review of such certificates will be for the
purpose of determining that the results certified indicate compliance with the
Contract Documents and will not constitute an independent evaluation that the
content or procedures of such inspections, tests, or approvals comply with the
requirements of the Contract Documents. ENGINEER shall be entitled to rely
on the results of such tests.
12. Disagreements between OWNER and Contractor. Render formal written
decisions on all claims of OWNER and Contractor relating to the acceptability
of Contractor's work or the interpretation of the requirements of the Contract
Documents pertaining to the execution and progress of Contractor's work. In
rendering such decisions, ENGINEER shall be fair and not show partiality to
OWNER or Contractor.
13. Applications for Payment. Based on ENGINEER's observations as an
experienced and qualified design professional and on review of Applications
for Payment and accompanying supporting documentation:
a. Determine the amounts that ENGINEER recommends Contractor be paid.
Such recommendations of payment will be in writing and will constitute
ENGINEER's representation to OWNER, based on such observations and
review, that, to the best of ENGINEER's knowledge, information and
belief, Contractor's work has progressed to the point indicated, the quality
of such work is substantially in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning whole prior to or
upon Substantial Completion, to the results of any subsequent tests called
for in the Contract Documents and to any other qualifications stated in the
recommendation), and the conditions precedent to Contractor's being
entitled to such payment appear to have been fulfilled in so far as it is
ENGINEER's responsibility to observe Contractor's work. in the case of
unit price work, ENGINEER's recommendations of payment will include
final determinations of quantities and classifications of Contractor's work
(subject to any subsequent adjustments allowed by the Contract
First Amendment, Page 7
Documents). The responsibilities of ENGINEER contained in paragraph
A 1.04.A.5.a are expressly subject to the limitations set forth in paragraph
A1.04.A.5.b and other express or general limitations in this Agreement and
elsewhere.
b. By recommending any payment, ENGINEER shall not thereby be deemed
to have represented that observations made by ENGINEER to check the
quality or quantity of Contractors work as it is performed and furnished
have been exhaustive, extended to every aspect of Contractor's work in
progress, or involved detailed inspections of the Work beyond the
responsibilities specifically assigned to ENGINEER in this Agreement and
the Contract Documents. Neither ENGINEER's review of Contractor's
work for the purposes of recommending payments nor ENGINEER's
recommendation of any payment including final payment will impose on
ENGINEER responsibility to supervise, direct, or control Contractor's
work in progress or for the means, methods, techniques, sequences, or
procedures of construction or safety precautions or programs incident
thereto, or Contractor's compliance with Laws and Regulations applicable
to Contractor's furnishing and performing the Work. It will also not
impose responsibility on ENGINEER to make any examination to
ascertain how or for what purposes Contractor has used the moneys paid
on account of the Contract Price, or to determine that title to any portion of
the work in progress, materials, or equipment has passed to OWNER free
and clear of any liens, claims, security interests, or encumbrances, or that
there may not be other matters at issue between OWNER and Contractor
that might affect the amount that should be paid.
14. Contractor's Completion Documents.
a. (Modified) Receive and review maintenance and operating instructions,
schedules, and guarantees as prepared by the Contractor in accordance
with the Contract Documents. ENGINEER will compile this information
as provided by Contractor, and deliver three (3) copies of the same to
OWNER.
b. (Modified) Receive bonds, certificates, or other evidence of insurance
not previously submitted and required by the Contract Documents,
certificates of inspection, tests and approvals, Shop Drawings, Samples
and other data approved as provided under paragraph A 1.04.A.9, and the
annotated record documents which are to be assembled by Contractor in
accordance with the Contract Documents to obtain final payment. The
extent of such ENGINEER's review will be limited as provided in
paragraph A1.04.A.9.
c. ENGINEER shall transmit these documents to OWNER within thirty
(30) days of receipt of documents from Contractor.
d. (Added)Preparing and furnishing to OWNER Record Drawings
electronically in a format approved by the OWNER and on mylar showing
First Amendment, Page 8
appropriate record information based on Project annotated record
documents received from Contractor.
15. Final Notice of Acceptability of the Work. Conduct a final inspection to
determine if the completed Work of Contractor is acceptable so that
ENGINEER may recommend, in writing, final payment to Contractor.
Accompanying the recommendation for final payment, ENGINEER shall also
provide a notice in the form attached hereto as Exhibit E (the "Notice of
Acceptability of Work") that to the best of ENGINEER's knowledge,
information and belief and upon the exercise of ENGINEER'S due diligence,
the Work is acceptable and is in compliance with the Contract Documents.
B. Duration of Construction Phase. The Construction Phase will commence with the
execution of the first Construction Agreement for the Project or any part thereof
and will terminate upon final payment to Contractors. If the Project involves more
than one prime contract as indicated in paragraph A1.02.C, Construction Phase
services may be rendered at different times in respect to the separate contracts.
C. Limitation of Responsibilities. ENGINEER shall not be responsible for the acts or
omissions of any Contractor, or of any of its subcontractors, suppliers, or of any
other individual or entity performing or furnishing any of the Work. ENGINEER
shall not be responsible for failure of any Contractor to perform or furnish the
Work in accordance with the Contract Documents.
e. Exhibit "C" "Payments to ENGINEER for Services and Reimbursable Expenses," Article 4
"Payments to the ENGINEER," Section C4.0LA. 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:
A cost not to exceed amount of $294,945.00, based upon the rate schedule,
which is attached as Appendix 1 of Exhibit C and incorporated herein for all
intents and purposes. This amount does not include those ENGINEER'S
Consultant's charges as provided below in this Article 4, Subparagraph C4.05,
and will be distributed at the completion of each of the phase in the following
amount:
a. Preliminary Engineering Phase ................................ $55,755.00
b. Final Design Phase ................................................. $193,410.00
c. Bid Phase................................................................. $10,230.00
d. Construction Phase ................................................... $35,550.00
f. Exhibit "C" "Payments to ENGINEER for Services and Reimbursable Expenses," Article 4
"Payments to the ENGINEER," Section C4.04.A shall be amended to read as follows:
First Amendment, Page 9
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, the ENGINEER
must obtain prior written approval of the OWNER of any expense that
exceeds $1,000 for which the ENGINEER seeks reimbursement.
Reimbursable Expenses shall not exceed $3,780.
g. Exhibit "C" "Payments to ENGINEER for Services and Reimbursable Expenses," Article 4
"Payments to the ENGINEER," Section C4.05.A shall be amended to read as follows:
ARTICLE 4 -- PAYMENTS TO TIIE ENGINEER
C4.05 For ENGINEER's Consultant's Charges
A. 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.
Preliminary Engineering Phase
Geotechnical Services ............................................... $18,229,00
Topographic Survey ................................................. $35,872.00
Final Design Phase
TDLR Design Review ................................................ $1,620.00
Material Testing Services ......................................... $42,851.16
3. Entire Agreement. The provisions of this 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 First Amendment and the provisions of the
Agreement, the provisions of this First Amendment shall control.
4. Interpretation. This First 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, and First 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.
E No Waiver. By this First 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 First Amendment or in the Agreement shall be
construed in any way to limit or to waive the City's sovereign immunity.
First Amendment, Page 10
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 , 2019, the date of execution by the City
Manager.
CITY OF BAYTOWN
By:
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
HR GREEN, INC.
By: ."4a j
(Sig atur
(Printed Name)
(Title)
ATTEST:
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