Ordinance No. 8,532990311 -3
ORDINANCE NO. 8532
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
® APPROVING AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES TO PROVIDE RESIDENT INSPECTION AND
MATERIAL TESTING SERVICES FOR THE I -10 SANITARY SEWER EXTENSION
PROJECT; AUTHORIZING ADDITIONAL COMPENSATION IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED FORTY -ONE THOUSAND NINE HUNDRED NINETY AND
NO /100 ($141,990.00) 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, the City of Baytown now desires to amend the Agreement to provide resident inspection and
material testing services for the I -10 Sanitary Sewer Extension project; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: That the City Council of the City of Baytown, Texas, hereby authorizes the execution of
Amendment No. 2 to that certain Agreement Between Owner and Engineer for Professional Services dated May 14,
1998, to provide resident inspection and material testing services for the I -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 an amount not to exceed ONE HUNDRED FORTY -ONE THOUSAND NINE
HUNDRED NINETY AND NO/] 00 DOLLARS ($141,990.00).
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 I Ph day of March, 1999,
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
®
CAM
® SECOND AMENDMENT
TO THE
AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL
SERVICES
Di I
STATE OF TEXAS §
COUNTY OF HARRIS §
This Second 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, the Owner and Engineer did amend such agreement to establish the fees for
engineering services associated with the final design and construction phases of the I -10 Sanitary
Sewer Extension Project (the "Project "); and
WHEREAS, the Owner and the Engineer now desire to amend the agreement again for
resident inspection and material testing services during the construction phase of the 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.
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 of Compensation
Compensation
Calculation
Total
Amount
Preliminary Engineering and Associated Additional Services
Preliminary Engineering
Lump Sum
$ 77,512
Additional Services
I. Surve in
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
Second Amendment, Page I EXHIBIT A
0
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 March, 1999.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM I:
eltNACIO RAMIREZ, City Attorney
Second Amendment, Page 2
CITY OF BAYTOWN
IIn
MONTE MERCER, City Manager
Ms�isso�o" n
Additional Services
1. Surveying
8,250
2. LS Metes & Bounds
3,850
3. Geotechnical
27,890
4. Environmental Study
0
5. Materials Testing
0
6. Sid Doc Reproduction (50
sets)
0
7. O &M Manual
0
ResiilentEri "ineerin" „s� <, ly t
Resident Inspection
26 weeks x 50 hours /week x $60/hour
$ 78,000
Engineering Support
26 weeks x 8 hours /week x $I 00/hour
20,800
Expenses
3,200
Geotechnical Services
39,990
.TOTAL':GONTRACT!AMO.UNT-•'' =' ".4`: '.1_ 7` ,• ';$:':547'825;1
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 March, 1999.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM I:
eltNACIO RAMIREZ, City Attorney
Second Amendment, Page 2
CITY OF BAYTOWN
IIn
MONTE MERCER, City Manager
t.h
CAMP, DRESSER & McKEE, INC.
By:
DOMENIC DiCENSO, Principal
ATTEST:
Secretary
c:Aklh 149/ Contract / Engineering /CampDresserMcKeeAmendmentNo2
Second Amendment, Page 3