Ordinance No. 10,179ORDINANCE NO. 10,179
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND
THE INTERIM CITY CLERK TO ATTEST TO THE SECOND AMENDMENT TO
THE ELEVENTH AMENDMENT OF THE ENGINEERING SERVICES
AGREEMENT BY AND BETWEEN THE CITY OF BAYTOWN AND WAYNE
SMITH & ASSOCIATES, INC., FOR THE NORTHEAST DISTRICT WASTEWATER
TREATMENT PLANT; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
0
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 Interim City Clerk to attest to the Second Amendment to the
Eleventh Amendment of the Engineering Services Agreement by and between the City of Baytown and
Wayne Smith & Associates, Inc., for the Northeast District Wastewater Treatment Plant. A copy of said
amendment is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: That in addition to the amount specified in Section 2 hereof, the City Manager is
hereby granted general authority to approve a decrease or an increase in costs by TWENTY -FIVE
THOUSAND AND NO /100 DOLLARS ($25,000.00) or less, provided that the amount authorized in
Section 2 hereof may not be increased by more than twenty-five percent (25 %).
Section 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 13th day of October, 2005.
APPROVED AS TO FORM:
C=��)41
ACIO RAMIREZ, SR., City torney
CALVIN MUNDINGER, Mayor
RA Karen% Fi1eslCityCounci1 %0rdinanccs1200510ctober 131WSA2ndAmendment4NEDW %V1'P.doc
SECOND AMENDMENT
TO THE
ELEVENTH AMENDMENT
OF THE
ENGINEERING SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
WAYNE SMITH & ASSOCIATES, INC.
STATE OF TEXAS
COUNTY OF HARRIS
This Second Amendment to the Eleventh Amendment ( "Amendment ") to that certain
"Engineering Services Agreement" between the City of Baytown and Wayne Smith & Associates,
Inc., dated August 2, 1991, is made by and between the same parties on the date hereinafter last
specified.
WITNESSETH:
WHEREAS, the City of Baytown ( "Owner ") and Wayne Smith & Associates, Inc.,
( "Engineer ") did enter into an Engineering Services Agreement, on August 2, 1991 ( "Agreement ");
and
WHEREAS, on the 23`d day of April 1998, the City Council authorized the eleventh
amendment to such agreement for the permitting, design and construction services related to the
Northeast District Wastewater Treatment Plant ( "Eleventh Amendment "); and
WHEREAS, on the 25`h day of March 2004, the City Council authorized the First
Amendment to the Eleventh Amendment (the "First Amendment ") to clarify the scope of work to be
performed pursuant to the Agreement and the Eleventh Amendment and effectively repealed the
Agreement and the Eleventh Amendment as the same pertained to the professional services
associated with the Northeast District Wastewater Treatment Plant; and
WHEREAS, the Owner and the Engineer now desire to remove resident engineering services
from the Eleventh Amendment and the First Amendment to the same;
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
is as used in this Second Amendment shall have the same meanings as in the First Amendment.
1 J �
Second Amendment to the I I 1 Amendment of the Engineering Services Agreement, Page I
0 2. Amendment.
2.01 Paragraph A.105 "Task 5 — Resident Engineering" contained in Exhibit "A" of the
First Amendment to the Eleventh Amendment, which adopted the Standard Form of
Agreement between Owner and Engineer for Professional Services, is hereby
repealed in its entirety as relating to the Engineer performing Resident Engineering
services related to the Northeast District Wastewater Treatment Plant. It is expressly
understood and agreed that the Engineer shall not be required to perform any resident
engineering services for the Project, but shall be required to perform construction
management services as outlined in Paragraph A.104 "Task 4 — Design Services
During Construction."
2.02 Paragraph C4.01.AA contained in Exhibit "C" of the First Amendment to the
Eleventh Amendment, which adopted the Standard Form of Agreement between
Owner and Engineer for Professional Services, is hereby amended to read as follows:
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:
1. (Modified) A cost not to exceed amount of
$1,228,199.00, which does not include those
Engineer's Consultant's charges as provided
below in this Article 4, Subparagraph C4.05,
to be distributed at the completion of each of
the phase in the following amount:
a.Discharge Permit Application $ 11,090.00
b.Preliminary Engineering Report $ 281,163.00
c.Final Design $ 518,953.00
d.Design Services During
Construction $ 180,057.00
e.TWDB Tier II Funding $ 20,245.00
3. Entire Agreement. The provisions of this Second Amendment and the provisions of the First
Amendment should be read together and construed as one agreement provided that, in the
event of any conflict or inconsistency between the provisions of this Second Amendment and
the provisions of the First Amendment, the provisions of this Second Amendment shall
control. Nothing contained in this Second Amendment or in the First Amendment shall be
construed in any way to limit or to waive the City's sovereign immunity.
is 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 , 2005, the date of execution
by the City Manager.
Second Amendment to the 1 I'h Amendment of the Engineering Services Agreement, Page 2
CITY OF BAYTOWN
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
GARY JACKSON, City Manager
WAYNE SMITH & ASSOCIATES, INC.
By:
IFarrell Morrison, .E., Vice President
ATTEST:
Secretary
F:\ Karen \Files \Engineering\Engineering AgreementsMayne Smith\ WayneSmith .Amendment2 Amend mentNoI I.doc
Second Amendment to the 11 `h Amendment of the Engineering Services Agreement, Page 3