Ordinance No. 10,443Ol�DINANCE NO, 101,443
AN ORDINANCE OF TI R! CITYCOUNCH. CWTHE CITY OF BAYTOWN,TEXAS,
AUTHORIZiNG AND EHRECTING "THE' CITY MANAGER TO EXECUTE AND
THE CITY CLERK TO ATTEST To THE FIRST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEN1ENT WITH CA M11 DRESSER & N/ICKEE,
INC., FOR ADDITIONAL ENGINETRIN(i SERVICES ASSOCIATED WITH THE
EAST DISTRICT WASTEWATER TREATME',NT PLANT PROJECT;
AUTHORIZING ADDITIONAI FUNDS IIN AN AMOUNT OF FIFTY THOUSAND
NINE HUNDRED NINETY-FIVE AND 89/100 DOLLARS (S50,995.89); MAKING
OTHER PROVISIONS RELATED THERETO: AND PROVIDING FOR TI-IE
EFFECTIVE DATE THEREOF.
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BF.'ITORDAINED BY "I CITY COl,J"N0 L OF TI IE, CITY OF Bi\YTOWN, TEXAS:
sedion 1: That the City Couned of the Cby of Baywwn, Tnu% lwmby authorizes and
dkem Te City Manager to execute and We Cly Cluk 1) attest to the First Amendimem to the
Prolssional Services Agreement with Camp Dresser & McKee, Inc,, for additional engineering services
amodMed w 9 the East District Wastewater 0watment I'l1ant flrc:rjcd. A copy of said amen dnient is
anched hmew, maded Exhibit "A? and nwde a part hel-00T COF,111 intents and purposes.
Section 2: Timl We C!, Cbuncd of the City of BRjawn WorkeN ad1donal hmds payalde
to C'amp DFosser & McKee, fric,, in an arnown aC F FTY TIAOLJS,�\ND NINE, HUNDRED NINETY-
FIVE AND 8W100 DOLLARS (S5199519) Wr proWdonal serve ces inc accorclance with [lie contract,
Section 3: Fhat the City Mana,,�er is base by granted mand aulmly to NVnwe as deaeme
or an increase in coms by"TWENTY-FIVI,", TTIC)USIAND AND NO/100 DOLLARS (S25,0001,00) or less,
provided that the amom auloAzed in Secdon 2 hemof may not be increased by more than twenty-f-we
percent (25' 4)).
Section 4: Fids ordinance shaH take eAhct inmued ately from and aRer its passage by the
City Comicil offlie City of Baytown. 1,07
INTRODUCED, READ and PASSED by aw Wimia6ve art vjr the City Council oFthe City of
Ba,y(cmvn this, the 12 1' day (,) f October, 2006.
APPROVED AS TO FORNT
elfi, JAACIO RA-Ki-l" SR- Y Aammqy
S'I",VPI-1E-'N 1-1, DONCARI-OS, Mayor
FIRST AMENDNIENT
TO THE
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment ( "Amendment ") to that certain "Standard Form of Agreement
between Owner and Engineer for Professional Services" between the City of Baytown and Camp
Dresser & McKee, Inc., dated September 26. 2002, 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 a Standard Form of Agreement between Owner and Engineer for
Professional Services associated with the rehabilitation of the East District Wastewater
Treatment Plant, influent lift station, aeration system, final clarifier and other miscellaneous
engineering services, effective September 26, 2002 ( "Agreement "); and
WHEREAS, ENGINEER has performed additional services associated with the
following tasks:
Task 1: project support related to the landfill trash discovered on site during
construction on January 19, 2005, and extended construction; and
Task 2: clarifier structural failure; and
WHEREAS, ENGINEER desires additional compensation for such additional services
performed;
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 First Amendment shall have the same meanings as in the
Agreement.
2. Amendment.
2.01 Part 2 "Additional Services" of Exhibit "A" is hereby amended by adding a new
paragraph, which is numbered and entitled A2.03 "Additional Services performed
by Engineer" and reads as follows:
First Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services, Page 1 EXHIBIT A
A2.03 Additional Services performed by the Engineer
Task 1: Project support related to the landfill trash discovered on
site during construction on January 19, 2005, and extended
construction; and
➢ Performing multiple site visits;
➢ Issuing a letter to the OWNER on February 2, 2005,
advising the OWNER on how to proceed;
➢ Coordinating environmental sampling by the
OWNER's environmental consultant;
➢ Reviewing the report generated by the OWNER'S
environmental consultant;
➢ Coordinating additional data collection by the
OWNER's environmental consultant;
➢ Reviewing the second report generated by OWNER's
environmental consultant;
➢ Reviewing and evaluating the CONTRACTOR's initial
proposal to remove trash from the site;
➢ Issuing letter to the CONTRACTOR rejecting initial
proposal;
➢ Issuing letter to the CONTRACTOR ordering
CONTRACTOR to proceed with the work and submit
unit cost proposal;
➢ Rejecting unit cost proposal;
➢ Evaluating and negotiating unit cost proposal with
CONTRACTOR;
➢ Attending multiple meetings with the CONTRACTOR
to review and negotiate pricing proposals;
➢ Attending multiple meetings with OWNER;
➢ Ordering the CONTRACTOR to prepare a change
order:
➢ Negotiating change order proposal with the
CONTRACTOR to delete work;
➢ Preparing change order to delete work; and
➢ Extending construction phase services.
Task 2: Clarifier structural failure
➢ Performing multiple site visits;
➢ Evaluating the cause of the failure;
➢ Advising the OWNER on how to proceed;
➢ Reviewing the proposal by the
CONTRACTORJEnviroquip dated March 29, 2005, to
field modify the equipment;
➢ Rejecting of the preliminary proposal;
First Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services, Page 2
➢ Attending multiple meetings with the OWNER;
➢ Attending multiple meetings with the
CONTRACTOR/Enviroquip;
➢ Evaluating and approving the revised proposal for
repair and replacement of all defective members dated
June 6, 2005;
➢ Responding to OWNER's concerns related to the
preliminary and final revised submittals; and
> Re- inspecting the clarifier equipment.
2.03 Paragraph C4.03 contained in Exhibit "C" of the Agreement is hereby amended to
read as follows:
C4.03 For Additional Services
A. OWNER shall pay ENGINEER for Additional Services as follows:
1. For services of ENGINEER's employees engaged directly on the
Project pursuant to paragraph A2.01 or A2.02 of Exhibit A of the
Agreement, except for services as a consultant or witness under
paragraph A2.0l.A.13, an amount equal to ENGINEER's Direct
Labor Costs based upon the rate schedule, which is attached as
Appendix 1 of Exhibit A and incorporated herein for all intents and
purposes, times a Factor of 3.15 plus Reimbursable Expenses.
Additional Services performed pursuant to paragraphs A2.01 and
A2.02 shall not exceed $55,125.00.
2. For services of ENGINEER's employees engaged directly on the
Project pursuant to paragraph A2.03 of Exhibit A of the
Agreement. the following negotiated lump sum amounts:
TASK COST
Task 1 $29,619.89
Task 2 $21,376.00
TOTAL $50,995.89
3. Entire Agreement. The provisions of this First 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 First Amendment
and the provisions of the Agreement, the provisions of this First Amendment shall
control. Nothing contained in this First Amendment shall be construed in any way to
limit or to waive the City's sovereign immunity.
First Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services, Page 3
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 , 2006, the date of
execution by the City Manager.
CITY OF BAYTOWN
ATTEST:
LORRI COODY, City Clerk
APPROVED AS TO FORM:
'WjNACIO RAMIREZ, SAJCity Attorney
GARY JACKSON, City Manager
CAMP DRESSER & MCKEE, INC.
(Signature)
(Printed Name)
(Title)
ATTEST:
By:
(Signature)
(Printed Name)
First Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services, Page 4