Ordinance No. 11,685 ORDINANCE' NO. I ]M5
AN ORDINANC11 OFTHECITY COUNCIL OFTHE CITY 01" BAYTOWN, TFIXAS,
ALTHIORVIN(i AND DIRECTING THE' CITY MANAGER TO E1XUX*UTF'1 AM)
TIIF' CITY LFRK TO ATTEST TO T111," FIRST AMEINDMI"INT TO THE'
PROFLI'SSIONAL SF',RVICES AG R `I'M F'NTW ITH HDR L"NGINUT"RINGF, INC., FOR
THL NOR"I'll MAIN WA,rFR TONVER PROJE`CT; ALJT110RIZING PAYMENT BY
'1111. CITYOFBAYTOWN IN AN AMOUNT NOTTO
THOUSAND ONE HUNDRE'D F[ AND N0/100 DOLLARS ($27,115M),
AND PROVIDING FOR THE E-FFE(I"I'l VE DATI 11 R F'10 F.
BE ITORDAINEID BY "I CITY COUNCIL OFTHE CITY 0I` 13AY`F0AA1N, 1 I--XAS:
Section 1: "I'llat tile City Council of the City ofBaytown, Texas, hereby authorizes and
directs the Cit.), Manager to execute alld the City Clerk to attest to the First Amendn'tent to tile
Professional Services Ag!reement with HDR, Engineering, Inc., for title North Main Witter Tower Prcljject.
A cop), of the amendment is attached hereto, marked Exhibit "A," and made it part, hereof I*oi- all intents
and purposes,
Section 2-. That file City Council of' the Cit), of' Baytown authorizes payment to I IDR
1"Inginecring, Inc., in an amount not to exceed TWENTY-SEV1;N TH(A)SAND ONE" IIUNDRF`1D
FIF-FEF!"N AND N0 /100 DOLLARS ($27.115.00) for prollessional services in accordance with tile
,ii,iieii(Iiiieiit ,ititliorize(I ill Section I hereinabove.
INTRODUCU,",L), RF'AD, and PASSED 1)), the affirmative vot e fthe City Council ofthe City of
ive vote
Baytown, this tile 14"'day ot'July, 2011.
S/LPI DO, C R \iavor
ITE ,
JASO, Q k
APPROVEb sl"() FORM:
*�IA
4,WKACI0 RAN;�IiIREZ, SR., 0 y Attorney
H �al ell Fflvs-CNTY Coqum'd�Q:l 011umvV,O? I jul} 14,[11 M Air eridinwilO Nm i hlbmW' llo I owo be
Exhibit "A"
FIRST AMENDMENT
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 HDR Engineering,
Inc., dated March 26, 2010, is made by and between the same parties on the date hereinafter last
specified.
WITNESSETH:
WHEREAS,the City of Baytown("OWNER")and HDR Engineering,Inc.,("ENGINEER")
did enter into a Standard Form of Agreement between Owner and Engineer for Professional Services
associated with the North Main Water Tower Project("Agreement"); and
WHEREAS,the OWNER desires ENGINEER to perform the following additional services:
1. Inspection services to include inspections of the concrete pier cap, concrete mat tank
floor slab and each of the 14 vertical wall lifts;
2. Geotest engineering services to include constriction inspection and special testing of the
drilled pile supports;
3. Surveying services to include services necessary to mark the center of the water tower
and to establish North 0 degree tank alignment in the field to ensure proper placement of
the tank; and
4. Electrical engineering services related to the design of special external site lighting
designed to illuminate the upper tank bowl;
pursuant to the terms and conditions contained in this Amendment and the Agreement; and
WHEREAS,ENGINEER desires to perform the work specified herein in accordance with the
terms and conditions contained in this Amendment and the Agreement;
NOW THEREFORE,for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
I. 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," Paragraph A2.02 "Required Additional Services,"of
First Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services,Page I
Exhibit"A" is hereby amended to read as follows:
A.2.02 Required Additional Services
A. ENGINEER shall employ consultants to perform the following
additional required services related to the Project:
1. Inspection services to include inspections of the concrete pier
cap, concrete mat tank floor slab and each of the 14 vertical
wall lifts. These additional inspections will include,but not
be limited to,the following:
a. Concrete walls—approx. 5 inspections
b. Check steel reinforcement in wall sections prior to
concrete placement
c. Check steel reinforcement for correct size and in correct
location
d. Check space between steel mats to allow proper concrete
placement
e. Observe concrete pours and verify that lab is checking for
slump,air,cylinders pulled
f. Observe removal of forms and check for voids, monitor
repair of bug holes;
2. Geotest engineering services to include constriction
inspection and special testing of the drilled pile supports;
3. Surveying services to include services necessary to mark the
center of the water tower and to establish North 0 degree tank
alignment in the field to ensure proper placement of the tank;
and
4. Electrical engineering services related to the design of special
external site lighting designed to illuminate the upper tank
bowl.
2.02 Paragraph C4.05 For ENGINEER's Consultant's Charges shall be amended to read
as follows:
C4.05 For ENGINEER's Consultant's Charges:
A.(Modifted) Whenever compensation for basic services 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_1. The consultant charges shall not
exceed the following amounts specified for each portion of the Project.
The charges include the factor, and are as follows:
1 Geotechnical .......................................................$ 16,880.00
2 Topographic Surveying.......................................$ 4,070.00
First Amendment to the Standard Form of Agreement
between Owner and Enaineer for Professional Services,Page 2
3 Additional Observation Services.........................$16,500.00
B. (Modified) Whenever compensation for required additional services 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_1. The consultant charges
shall not exceed the following amounts specified for each portion of the
Project. The charges include the factor,and are as follows:
1 Inspection Services ..............................................$11,000.00
2 Geotest Engineering Services ..............................$12,375.00
3 Surveying Services....................................................$660.00
4 Electrical Engineering Services............................$ 3,080.00
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.
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 ,2011,the date of execution
by the City Manager.
CITY OF BAYTOWN
By:
ROBERT D. LEIPER, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
First Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services,Page 3
HDR ENGINEERING,INC.
By:
(Signature)
(Printed Name)
(Title)
ATTEST:
Secretary
R:WnnlFilesXEngineeringXEngincering AgreementsTlaunch&Milled1,000,000 Gallon Elevated Water Storage TankWirstAmendment doc
First Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services.Page 4
FIRST AMENDMENT
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 HDR Engineering,
Inc., dated March 26, 2010, is made by and between the same parties on the date hereinafter last
specified.
WITNESSETH:
WHEREAS,the City of Baytown("OWNER")and HDR Engineering,Inc.,("ENGINEER')
did enter into a Standard Form of Agreement between Owner and Engineer for Professional Services
associated with the North Main Water Tower Project("Agreement"); and
WHEREAS,the OWNER desires ENGINEER to perform the following additional services:
1. Inspection services to include inspections of the concrete pier cap, concrete mat tank
floor slab and each of the 14 vertical wall lifts;
2. Geotest engineering services to include constriction inspection and special testing of the
drilled pile supports;
3. Surveying services to include services necessary to mark the center of the water tower
and to establish North 0 degree tank alignment in the field to ensure proper placement of
the tank; and
4. Electrical engineering services related to the design of special external site lighting
designed to illuminate the upper tank bowl;
pursuant to the terms and conditions contained in this Amendment and the Agreement;and
WHEREAS,ENGINEER desires to perform the work specified herein in accordance with the
terms and conditions contained in this Amendment and the Agreement;
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. Amendment.
2.01 Part 2 "Additional Services,"Paragraph A2.02 "Required Additional Services,"of
First Amendment to the Standard Form of Agreement
between Owner and Enginecr for Professional Serviccs,Page t
Exhibit"A" is hereby amended to read as follows:
A.2.02 Required Additional Services
A. ENGINEER shall employ consultants to perform the following
additional required services related to the Project:
1. Inspection services to include inspections of the concrete pier
cap, concrete mat tank floor slab and each of the 14 vertical
wall lifts. These additional inspections will include,but not
be limited to,the following:
a. Concrete walls—approx. 5 inspections
b. Check steel reinforcement in wall sections prior to
concrete placement
c. Check steel reinforcement for correct size and in correct
location
d. Check space between steel mats to allow proper concrete
placement
e. Observe concrete pours and verify that lab is checking for
slump,air,cylinders pulled
f. Observe removal of forms and check for voids, monitor
repair of bug holes;
2. Geotest engineering services to include constriction
inspection and special testing of the drilled pile supports;
3. Surveying services to include services necessary to mark the
center of the water tower and to establish North 0 degree tank
alignment in the field to ensure proper placement of the tank;
and
4. Electrical engineering services related to the design of special
external site lighting designed to illuminate the upper tank
bowl.
2.02 Paragraph C4.05 For ENGINEER's Consultant's Charges shall be amended to read
as follows:
C4.05 For ENGINEER s Consultant's Charges:
A.(Modified) Whenever compensation for basic services 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_1. The consultant charges shall not
exceed the following amounts specified for each portion of the Project.
The charges include the factor,and are as follows:
1 Geotechnical .......................................................S 16,880.00
2 Topographic Surveying.......................................S 4,070.00
First Amendment to the Standard Form of Agreement
between Owner and Enstineer for Professional Services, Page 2
3 Additional Observation Services.........................S16,500.00
B. (Modified) Whenever compensation for required additional services 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 1.11. The consultant charges
shall not exceed the following amounts specified for each portion of the
Project. The charges include the factor,and are as follows:
I Inspection Services ..............................................$11,000.00
2 Geotest Engineering Services ..............................$12,375.00
3 Surveying Services....................................................$660.00
4 Electrical Engineering Services ............................$ 3,080.00
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 anyway 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 dectned to be an original,but all of which shall constitute but one and
the same arnendment, this_12,day of ��- ,2011, the date of execution
by the City Manager.
CITY OF BAYTOWN
w
By:
P`1'CO T RO ERT D. EIPER, City Manag r
A r T:
J:\SON C ' e lerk
APPROVE-AS TO FORM:
CMIOACIO RAMIREZ, SR., Ci ttorneV
.Y
First Amendment to the Standard Form of Agreement
between Owner and Engineer for Professional Services, Page 3
HDR ENGINEERING, INC.
By:
(Signature)
c4 t s�Aex Le.
(Printed Namc)
Se.*u-012 Out f rEsidekt
(Title)
ATTE
OR. Wee Aesidepd
1t:%karertll:ileslEngineering\Engineering AgrccmcntsTlaunch&MilicM.000.000 Galion Elevated Water Storage 7'ankll'irstAmendmerst.dnc
First Amendment to the Standard Farm ofA*rccrncnl
bowcen Owner and En ineer for Professional Services, Page 4