Ordinance No. 11,356 I
ORDINANCF,NO, 11,356
AN CAI' DINANCL` OFTI]].,.' CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE SI-1'C()ND AMI.`NDMI-`NT TO TI-IF" STANDARD FORM OF
AGRFEMEINTWITI I JONI-IS & CAR] ER, INC., FORTHE FINAL DESIGN OFTHE'
STE'INMAN LIFT STATION PR0JI---'CT; AOTHORIZING ADDITIONAL PAYM `NT
13Y THE ury OF BAYTOWN Ol" AN AMOUNT NOT TO EXCEED ONE
HUNDRED FOR`f'Y-TW0 THOUSAND AND NO/100 DOLL,ARS ($1,42,000.00),
AND PROVIDING FOR THE EFI-FIC,,'I'IVI,'-' I)A'1'1�7-'I'I-IEI�l.'01"',
BF, ITORDAINE'D BYTI IL, CFI'Y COUNCIL OFTHE CITY Ol� BAYTOWN, TEXAS:
Section I.. That the City Council of`the City of'Baytown, Temas, hereby authorizes the City
Manager to execute and the City Clerk to attest to the Second Amendment to the Standard Form of,
Agreernent,Nvith Jones & Carter, Inc., for the final design ol'the Steinman Lift Station Project, A cop), of'
tile Second Amendment is attached hereto as FAIlibit "A" and incorporated herein for all intents and
purposes.
Section 2: That the City Council ol' the Cit.y of' Baytown authorizes payment to Jones &
Carter, Inc., ol'an amount not to exceed ONE HUNDRED H)RTY-TWO TI-IO`USAND AND NO/100
DOLLARS ($142,000.00), PUI-StIallt 10 the Second Amendment,
Section 3: That the City Manager is hereby granted general authority to approve any change
order involving as decrease or an increase in costs of TWENTY-I"IVE THOUSAND AND NO/100
DOLL,ARS ($25,000M) or less; however, the original contract Price may not be increased by more than
twenty-f-we percent (25%) or decreased by more than twenty-five percent (25%) without the consent of'
the contractor to such decrease.
Section 4: This ordinance shall take el'f'cct immediately 1'rom and after its passage by (lie
City Council ol'the City of'Baytown, or
INTRODUCED, READ and PASSED by the aff 11-11,1ative Vote of., le City Council of*tile city of'
Baytown this the 13"'day of'May, 20 10. City
Cot"'"i' of*'Ile 'ivc vote 0' 'e C""A'T',"�P[IiEN I I. DONCARL(OS, May(ft
Any `T:
I W
3
L E C I'A`�G A R Z 'Ity rk
APPROVED ASTO FORM:
JNACIO RAMIREZ, SR, Cit ttorney
R�',Karc nA 11 es\0 ty CO Ll tic i 1\0rd inanc 0"Alay
Exhibit "A"
SECOND AMENDMENT
TO THE
ENGINEERING SERVICES AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Second Amendment("Second Amendment') to the Standard Form of Agreement between
the City of Baytown and Jones &Carter, Inc., dated January 21,2009,is made by and between the same
parties on the date hereinafter last specified to authorize the services necessary to provide final design
services for the Steinman Lift Station Project(the"Project').
WITIIESSETH:
WHEREAS, the City of Baytown ("OWNER") and Jones & Carter, Inc., ("ENGINEER") did
enter into an Engineering Services Agreement, dated January 21, 2009, in an amount not to exceed _
FORTY-NINE THOUSAND AND NO/100 DOLLARS($49,000.00)(the"Agreement');and
WHEREAS, OWNER and ENGINEER amended the Agreement for ENGINEER to provide
design, bidding, construction, and post-construction phase engineering services for the Project in an
amount not to exceed SEVEN HUNDRED FIFTY-SEVEN THOUSAND SEVEN HUNDRED AND
NOI100 DOLLARS($757,700.00)(the"First Amendment');and
WHEREAS, OWNER and ENGINEER desire to amend the Agreement again to add
approximately 2,050 linear feet of existing sixteen-inch(16")force main not included in the project scope
("Additional Scope") for an amount not to exceed ONE HUNDRED FORTY-TWO THOUSAND AND
NO/100 DOLLARS($142,000.00);
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 Second Amendment shall have the same meanings as in the Agreement and the First
Amendment.
2. Amendments.
a. The scope of the services to be performed by the ENGINEER is hereby amended to include
the design, bidding, construction, and post-construction phase engineering services for the
Project,including the Additional Scope.
b. Section A1.02"Final Design Phase"Article 1,Part 1 of Exhibit A is hereby amended to read
as follows:
A1.02 Final Design Phase.
A. After acceptance by OWNER of the Preliminary Design Phase II documents and
revised opinion of probable Construction Cost as determined in the Preliminary Design
Phase II, but subject to any OWNER-directed modifications or changes in the scope,
extent, character, or design requirements of or for the Project, and upon written
authorization from OWNER,ENGINEER shall:
Second Amendment,Page 1
1. (Modified) On the basis of the above acceptance, direction, and authorization,
prepare final Drawings indicating the scope,extent,and character of the Work to
be performed and furnished by Contractor, including quality level for major
materials. 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.
2. 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.
3. Advise OWNER of any adjustments to the opinion of probable Construction Cost
and any adjustments to Total Project Costs known to ENGINEER, itemized as
provided in paragraph A1.015.A.6.
4. Perform or provide the following additional final Design Phase tasks or
deliverables:
a. Acquire plan approvals from the City,Harris County,pipeline companies,all
utility companies and the Texas Commission on Environmental Quality.
b. Coordinate with the local service providers to confirm adequacy of electrical
service capacity.
5. Make appropriate recommendations to the OWNER to adjust the Project size,
quality or budget if at any time the ENGINEER's estimate of the probable
Construction Cost or Total Project Costs exceed the OWNER'S budget.
6. Prepare storm water pollution prevention plan and traffic control plan.
7. (added)Perform or provide the following additional Preliminary &Final Design
Phase tasks or deliverables for the Additional Scope:
a. ENGINEER will review the alignment of the proposed force main to identify
known above and supposed underground conflicts, request and review dry
utility maps, review available OWNER construction documents for existing
public utilities, coordinate and add information provided by the "one-call"
systems, communicate with other public agencies regarding planned
infrastructure improvements that may conflict with the location of the
existing and proposed force main, and determine if any sub-surface
explorations are deemed necessary;
b. Contact utility and pipeline companies with facilities near the site to obtain
maps of existing facilities.If necessary,ENGINEER will coordinate with the
pipeline/utility companies to have these facilities located in the field.
c. Provide a complete design survey for the Project, including required
topography and site boundary information. The Survey shall provide
complete horizontal and vertical control as well as show ownership,
encumbrances, recorded easement information, existing infrastructure, and
topographic information for construction of the proposed force main
alignment. The proposed additional force main shall extend along the west
Second Amendment,Page 2
side of the Thompson Road right-of-way from the end of the county road
widening project to the termination manhole just south of Interstate 10
(Approx. 2.050 linear feet). If it becomes necessary for the OWNER to
acquire any additional easements or rights-of-way or if the selected
alignment must deviate significantly (i.e., distance greater than 20 feet from
existing right-of-way) from the alignment described above, the ENGINEER
may perform survey work and prepare a legal description for an additional
fee to be negotiated at that time; provided that such services have been
authorized in writing by the OWNER in advance of any such services being
performed. If applicable,all survey information will be incorporated into the
original design survey to create one survey for the entire Project, including
the Additional Scope.
d. Provide an additional geotechnical investigation for the proposed force main
alignment. The purpose of the investigation will be to evaluate the near
surface geological conditions and to provide geotechnical conclusions and
design recommendations regarding the proposed improvements.
Investigation will address: general soil and geologic conditions:
recommendations for force main design: depth to groundwater or seepage:
excavation considerations: select fill requirements and bearing strength. All
geotechnical information will be incorporated in to the original geotechnical
report to create one report for the entire Project, including the Additional
Scope.
c. Provide an additional investigation to prepare a Phase I Environmental Site
Assessment Wetland Delineation, Wetland Verification, Threatened and
Endangered Species Assessment, Historical, Cultural and Archaeological
Assessment,and Vegetation Impacts Assessment for the proposed force main
alignment to determine whether any recognized environmental concerns
exists and provide details on potential regulatory impacts and risk. If
additional work is required or recommended based on the Phase I
Environmental Site Assessment(Phase I ESA) for determination of impact or
compliance, this can be completed for an additional fee; provided such
services are authorized in advance by the OWNER of any additional work.
Services not within the scope of a Phase I ESA include but are not limited to:
preparing, coordinating, and obtaining a Clean Water Act Section 404 from
the USACE or an Archeological Pedestrian Survey. All environmental
information will be incorporated into the original environmental report to
create one report for the entire Project,including the Additional Scope.
8. Provide six full size sets of 90% Project documents, including documents
pertaining to the Additional Scope, for the OWNER's review and comment
within 160 calendar days of authorization to begin final design services and
review it with the OWNER.
9. Revise the documents in response to OWNER's and other parties' comments,as
appropriate.
10. Provide three (3) full size sets of 100% Bidding Documents for the OWNER's
review and comment within 45 calendar days after receiving OWNER'S
comments on the 90%documents.
Second Amendment,Page 3
11. Revise the documents in response to OWNER's and other parties' comments,as
appropriate,and furnish 15 final copies of the revised 100% Bidding Documents
and a revised opinion of probable Construction Cost to the OWNER within ten
days after completion reviewing the 100%Bidding Documents with OWNER.
B. (Modified) ENGINEER's services under the Design Phase will be considered
complete on the date when the final copies of the revised 100% Bidding Documents
have been delivered to and accepted by OWNER.
c. Section C4.01.A.I of Article 4 of Exhibit"C"is hereby amended to read as follows:
C4.01 For Basic Services Having A Determined Scope—Cost not to Exceed Method
of Payment
l. (Modified) A cost not to exceed amount of$721.600 based upon the rate
schedule,which is attached as Appendix 1 of Exhibit C and incorporated
herein for all intents and purposes. This amount does not include those
ENGINEER'S Consultant's charges as provided below in this Article 4,
Subparagraph C4.05. The Cost not to exceed will be distributed at the
completion of each of the phases in an amount not exceeding the
following for each phase:
a. Preliminary Design Phase.......................................$ 45,100
b. Preliminary Design Phase Il....................................$ 128,000
c. Final Design Phase..................................................$429,000
d. Bidding/Negotiation Phase......................................$ 15,000
e. Construction Phase................................................$ 103,000
f. Post-Construction Phase..........................................$ 1,500
d. 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:
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 at 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
$1,000 for which the ENGINEER seeks reimbursement. Reimbursable
Expenses shall not exceed the following for each phase for the project,
whether incurred by the ENGINEER or ENGINEER's consultant(s):
a. Preliminary Design Phase.........................................$ 3,900
b. Preliminary Design Phase 11......................................$ 9,000
c. Final Design Phase....................................................$ 14,000
d. Bidding/Negotiation Phase..................................................0-
e. Construction Phase....................................................$ 8,000
f. Post-Construction Phase.............................................$ 200
Second Amendment.Page 4
e. Exhibit "C" "Payments to ENGINEER for Services and Reimbursable Expenses," Article 4
"Payments to the ENGINEER,"shall be amended to add Section C4.05, which shall read as
follows:
C4.05 For ENGINEER's Consultant's Charges
Whenever compensation to ENGINEER herein is stated to include charges of
ENGINEER's Consultants, those charges shall be the amounts billed by
ENGINEER's Consultants to ENGINEER times a factor of 1.10. The
consultant charges shall not exceed the following amounts specified for each
of the following services. The charges include the factor,and are as follows:
Geotechnical.....................................................................S54,000
Structural..........................................................................S50,000
Environmental...................................................................$34,000
3. Entire Agreement._ The provisions of this Second Amendment, the 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 Second Amendment and the
provisions of the First Amendment and/or the Agreement, the provisions of this Second
Amendment shall control.
4. Interpretation. This Second 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
5. Cautions. Captions contained in the Agreement, and First Amendment, and Second 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.
6. No Waiver. By this Second 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 Second Amendment, the First Amendment, the Agreement or any other contract or
agreement or addenda, any charter, or applicable state law. Nothing contained in this Second
Amendment or in the First Amendment or the Agreement shall be construed in any way to limit
or to waive the City's sovereign immunity.
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 , 2010, the date of execution by the City
Manager.
CITY OF BAYTOW N
By:
ATTEST: GARRISON C.BRUMBACK,City Manager
LETICIA GARZA,City Clerk
Second Amendment,Page 5
APPROVED AS TO FORM:
IGNACIO RAMIREZ,SR.,City Attorney
JONES&CARTER C.
By:
(S gnat,a
:Z &d
(Printed Name)
Orta WES
(Title)
ATTEST:
(Signature)
(Printed Name)
(Title)
R:1Karen\Files\EngineeringlEnginecring AgnxmentsVones&CaMASteinman Lift Station Praject\SecondAmendment.doc
Second Amendment,Page 6
......:.......
SECOND AMENDMENT
TO THE
ENGINEERING SERVICES AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Second Amendment ("Second Amendment") to the Standard Form of Agreement between
the City of Baytown and Jones & Carter, Inc., dated January 21,2009, is made by and between the same
parties on the date hereinafter last specified to authorize the services necessary to provide final design
services for the Steinman Lift Station Project(the"Project").
WITNESSETH:
WHEREAS, the City of Baytown ("OWNER") and Jones & Carter, Inc., ("ENGINEER") did
enter into an Engineering Services Agreement, dated January 21, 2009, in an amount not to exceed
FORTY-NINE THOUSAND AND NO/100 DOLLARS ($49,000.00) (the"Agreement"); and
WHEREAS, OWNER and ENGINEER amended the Agreement for ENGINEER to provide
design, bidding, construction, and post-construction phase engineering services for the Project in an
amount not to exceed SEVEN HUNDRED FIFTY-SEVEN THOUSAND SEVEN HUNDRED AND
NO/100 DOLLARS($757,700.00)(the"First Amendment");and
WHEREAS, OWNER and ENGINEER desire to amend the Agreement again to add
approximately 2,050 linear feet of existing sixteen-inch(16")force main not included in the project scope
("Additional Scope") for an amount not to exceed ONE HUNDRED FORTY-TWO THOUSAND AND
NO/100 DOLLARS($142,000.00);
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 Second Amendment shall have the same meanings as in the Agreement and the First
Amendment.
2. Amendments.
a. The scope of the services to be performed by the ENGINEER is hereby amended to include
the design, bidding, construction, and post-construction phase engineering services for the
Project, including the Additional Scope.
b. Section A1.02 "Final Design Phase"Article 1, Part 1 of Exhibit A is hereby amended to read
as follows:
A 1.02 Final Design Phase.
A. After acceptance by OWNER of the Preliminary Design Phase II documents and
revised opinion of probable Construction Cost as determined in the Preliminary Design
Phase II, but subject to any OWNER-directed modifications or changes in the scope,
extent, character, or design requirements of or for the Project, and upon written
authorization from OWNER,ENGINEER shall:
Second Amendment,Page 1
f
1. (Modified) On the basis of the above acceptance, direction, and authorization,
prepare final Drawings indicating the scope, extent,and character of the Work to
be performed and furnished by Contractor, including quality level for major
materials. 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.
2. 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.
3. Advise OWNER of any adjustments to the opinion of probable Construction Cost
and any adjustments to Total Project Costs known to ENGINEER, itemized as
provided in paragraph A 1.015.A.6.
4. Perform or provide the following additional final Design Phase tasks or
deliverables:
a. Acquire plan approvals from the City, Harris County,pipeline companies, all
utility companies and the Texas Commission on Environmental Quality.
b. Coordinate with the local service providers to confirm adequacy of electrical
service capacity.
5. Make appropriate recommendations to the OWNER to adjust the Project size,
quality or budget if at any time the ENGINEER's estimate of the probable
Construction Cost or Total Project Costs exceed the OWNER'S budget.
6. Prepare storm water pollution prevention plan and traffic control plan.
7. (added) Perform or provide the following additional Preliminary & Final Design
Phase tasks or deliverables for the Additional Scope:
a. ENGINEER will review the alignment of the proposed force main to identify
known above and supposed underground conflicts, request and review dry
utility maps, review available OWNER construction documents for existing
public utilities, coordinate and add information provided by the "one-call"
systems, communicate with other public agencies regarding planned
infrastructure improvements that may conflict with the location of the
existing and proposed force main, and determine if any sub-surface
explorations are deemed necessary;
b. Contact utility and pipeline companies with facilities near the site to obtain
maps of existing facilities. If necessary, ENGINEER will coordinate with the
pipeline/utility companies to have these facilities located in the field.
c. Provide a complete design survey for the Project, including required
topography and site boundary information. The Survey shall provide
complete horizontal and vertical control as well as show ownership,
encumbrances, recorded easement information, existing infrastructure, and
topographic information for construction of the proposed force main
alignment. The proposed additional force main shall extend along the west
Second Amendment,Page 2
side of the Thompson Road right-of-way from the end of the county road
widening project to the termination manhole just south of Interstate 10
(Approx. 2.050 linear feet). If it becomes necessary for the OWNER to
acquire any additional easements or rights-of-way or if the selected
alignment must deviate significantly (i.e., distance greater than 20 feet from
existing right-of-way) from the alignment described above, the ENGINEER
may perform survey work and prepare a legal description for an additional
fee to be negotiated at that time; provided that such services have been
authorized in writing by the OWNER in advance of any such services being
performed. If applicable, all survey information will be incorporated into the
original design survey to create one survey for the entire Project, including
the Additional Scope.
d. Provide an additional geotechnical investigation for the proposed force main
alignment. The purpose of the investigation will be to evaluate the near
surface geological conditions and to provide geotechnical conclusions and
design recommendations regarding the proposed improvements.
Investigation will address: general soil and geologic conditions:
recommendations for force main design: depth to groundwater or seepage:
excavation considerations: select fill requirements and bearing strength. All
geotechnical information will be incorporated in to the original geotechnical
report to create one report for the entire Project, including the Additional
Scope.
e. Provide an additional investigation to prepare a Phase I Environmental Site
Assessment Wetland Delineation, Wetland Verification, Threatened and
Endangered Species Assessment, Historical, Cultural and Archaeological
Assessment,and Vegetation Impacts Assessment for the proposed force main
alignment to determine whether any recognized environmental concerns
exists and provide details on potential regulatory impacts and risk. If
additional work is required or recommended based on the Phase I
Environmental Site Assessment(Phase I ESA) for determination of impact or
compliance, this can be completed for an additional fee; provided such
services are authorized in advance by the OWNER of any additional work.
Services not within the scope of a Phase I ESA include but are not limited to:
preparing, coordinating, and obtaining a Clean Water Act Section 404 from
the USACE or an Archeological Pedestrian Survey. All environmental
information will be incorporated into the original environmental report to
create one report for the entire Project, including the Additional Scope.
8. Provide six full size sets of 90% Project documents, including documents
pertaining to the Additional Scope, for the OWNER's review and comment
within 160 calendar days of authorization to begin final design services and
review it with the OWNER.
9. Revise the documents in response to OWNER's and other parties' comments, as
appropriate.
10. Provide three (3) full size sets of 100% Bidding Documents for the OWNER's
review and comment within 45 calendar days after receiving OWNER'S
comments on the 90%documents.
Second Amendment,Page 3
i'
11. Revise the documents in response to OWNER's and other parties' comments, as
appropriate, and furnish 15 final copies of the revised 100% Bidding Documents
and a revised opinion of probable Construction Cost to the OWNER within ten
days after completion reviewing the 100%Bidding Documents with OWNER.
B. (Modified) ENGINEER's services under the Design Phase will be considered
complete on the date when the final copies of the revised 100% Bidding Documents
have been delivered to and accepted by OWNER.
c. Section C4.01.A.I of Article 4 of Exhibit"C" is hereby amended to read as follows:
C4.01 For Basic Services Having A Determined Scope—Cost not to Exceed Method
of Payment
1. (Modified) A cost not to exceed amount of$721,600 based upon the rate
schedule,which is attached as Appendix 1 of Exhibit C and incorporated
herein for all intents and purposes. This amount does not include those
ENGINEER'S Consultant's charges as provided below in this Article 4,
Subparagraph C4.05. The Cost not to exceed will be distributed at the
completion of each of the phases in an amount not exceeding the
following for each phase:
a. Preliminary Design Phase.......................................$ 45,100
b. Preliminary Design Phase II....................................$ 128,000
c. Final Design Phase..................................................$4295000
d. Bidding/Negotiation Phase......................................$ 15,000
e. Construction Phase................................................$ 1035000
. Post-Construction Phase..........................................$ 1,500
d. 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:
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 at 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
$1,000 for which the ENGINEER seeks reimbursement. Reimbursable
Expenses shall not exceed the following for each phase for the project,
whether incurred by the ENGINEER or ENGINEER's consultant(s):
a. Preliminary Design Phase.........................................$ 3,900
b. Preliminary Design Phase II......................................$ 9,000
c. Final Design Phase....................................................$ 149000
d. Bidding/Negotiation Phase..................................................0-
e. Construction Phase....................................................$ 8,000
. Post-Construction Phase.............................................$ 200
Second Amendment,Page 4
e. Exhibit "C" "Payments to ENGINEER for Services and Reimbursable Expenses," Article 4
"Payments to the ENGINEER," shall be amended to add Section C4.05, which shall read as
follows:
C4.05 For ENGINEER's Consultant's Charges
Whenever compensation to ENGINEER herein is stated to include charges of
ENGINEER's Consultants, those charges shall be the amounts billed by
ENGINEER's Consultants to ENGINEER times a factor of 1.10. The
consultant charges shall not exceed the following amounts specified for each
of the following services. The charges include the factor,and are as follows:
Geotechnical.....................................................................$59,000
Structural ..........................................................................$50,000
Environmental...................................................................$34,000
3. Entire Agreement. The provisions of this Second Amendment, the 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 Second Amendment and the
provisions of the First Amendment and/or the Agreement, the provisions of this Second
Amendment shall control.
4. Interpretation. This Second 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
5. Captions. Captions contained in the Agreement, and First Amendment, and Second 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.
6. No Waiver. By this Second 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 Second Amendment, the First Amendment, the Agreement or any other contract or
agreement or addenda, any charter, or applicable state law. Nothing contained in this Second
Amendment or in the First Amendment or the Agreement shall be construed in any way to limit
or to waive the City's sovereign immunity.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple copies,
each of which shall,4Llyned to be an on 1, but all of which shall constitute but one and the same
amendment, this ay of �., , 2010, the date of execution by the City
Manager.
CITY OF BAYTOWN
as
ATTE `�� ROBERT D. LEPER, Deputy City Manager
LETICIA GARZA'' ity Cleo
Second Amendment,Page 5
i 0
APPROVED AS TO FORM:
I ACIO RAMIREZ, SR., City tt rney
JONES &CARTER C.
By:
(S gnature)
(Printed Name)
v� 02rntT'
(Title)
ATTEST:
(Signature)
(Printed Name)
(Title)
R:\Karen\Files\Engineering\Engineering Agreements\Jones&Carter\Steinman Lift Station Project\SecondAmendment.doc
Second Amendment,Page 6