Ordinance No. 12,155 THIRD AMENDMENT
TO THE
ENGINEERING SERVICES AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Third Amendment ("Third Amendment") to the Standard Form of Agreement between the
City of Baytown and Malcolm Pirnie, Inc., dated February 11, 2009, is made by and between the same
parties on the date hereinafter last specified to authorize the additional services associated with the
Central District Wastewater Treatment Plant Project(the"Project").
WITNESSETH:
WHEREAS, the City of Baytown ("OWNER") and Malcolm Pirnie, Inc., ("ENGINEER") did
enter into an Engineering Services Agreement, dated February 11, 2009, in an amount not to exceed
ONE HUNDRED THIRTY-EIGHT THOUSAND THREE HUNDRED SEVENTEEN AND NO/100
DOLLARS ($138,317.00) for preliminary design phase services associated with the Project
("Agreement"); and
WHEREAS, OWNER and ENGINEER amended the Agreement on January 29, 2010, for
ENGINEER to provide design, bidding, construction, and post-construction phase engineering services
for the Project for a cost not to exceed SIX HUNDRED THIRTY THOUSAND ONE HUNDRED
FIFTY-ONE AND NO/100 DOLLARS ($630,151.00)(the"First Amendment"); and
WHEREAS, OWNER and ENGINEER amended the Agreement on June 30 2010, for
ENGINEER to conduct a Phase I — Environmental Site Assessment for 1.93 acres north of the Central
District WWTP on West Main Street in Baytown, Harris County,Texas, at the intersection of West Main
Street and Barrymore Blvd. for a cost not to exceed FOUR THOUSAND FIVE HUNDRED EIGHTY-
SIX AND NO/100 DOLLARS ($4,586.00); and
WHEREAS, OWNER and ENGINEER desire to amend the contract again in order for the
ENGINEER to perform additional services to address design revisions driven by the Texas General Land
Office's review comments for a total cost not to exceed TWENTY-SEVEN THOUSAND SEVEN
HUNDRED AND NO/100 DOLLARS($27,700.00); and
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 Third Amendment shall have the same meanings as in the Second Amendment, the
First Amendment and the Agreement.
2. Amendments.
a. Section 4.02 "Other Provisions Concerning Payments," Subsection A "Preparation of
Invoices"of the Agreement is hereby amended to read as follows:
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S
4.02 Other Provisions Concerning Payments
A. Preparation of Invoices. Invoices will be prepared in accordance with OWNER's
standard processing practices and will be submitted to OWNER monthly via mail or
email by ENGINEER, unless otherwise agreed. ENGINEER shall supply detailed back-
up information along with each invoice in order for the OWNER to effectively evaluate
the fees and charges. The amount billed in each invoice will be calculated as set forth in
Exhibit C. Invoices shall be received by the OWNER not later than sixty(60)days from
the date the ENGINEER and/or its subconsultants perform the services or incur the
expense. Failure by ENGINEER to comply with the requirements herein in a timely
manner with this requirement shall result in the ENGINEER'S invoice being denied.
b. Section C4.01.A.3 of Exhibit C of the Agreement is hereby deleted in its entirety.
c. Additional Services. Pursuant to Exhibit A, Part 2, Paragraph A.201 of the Agreement,
ENGINEER hereby agrees to perform the following additional services detailed in subsection
1 of this subsection for the cost specified in subsection 2 of this subsection.
1. Services. ENGINEER will conduct the following additional services for and on behalf of
OWNER:
a) Influent Lift Station SCADA Design Change:
ENGINEER shall perform engineering services necessary to standardize the SCADA
equipment installed on new construction and shall remove the previously proposed
SCADA controls from the Contract Documents.
b) Emergency Generator Bid Alternate:
ENGINEER shall perform engineering services in order to include a bid alternate line
item for the construction of a natural gas fuel emergency generator in lieu of the
diesel fuel emergency generator included in the contract documents. To this end,
ENGINEER shall design the proposed natural gas generator, coordinate permitting
with the Texas Commission on Environmental Quality (TCEQ), coordinate service
with CenterPoint Energy, and revise the drawings (site, yard piping, structural,
electrical)and specifications.
2. Compensation. For the services specified in subsection 1 of subsection c, OWNER shall
compensate ENGINEER a cost not to exceed TWENTY-FIVE THOUSAND SEVEN
HUNDRED AND NO/100 DOLLARS ($25,700.00) based upon the rate schedule in
Appendix 1 of Exhibit C. Such services shall not exceed the following for the additional
services specified herein:
SCADA Design Change $10,400.00
Gas Generator Bid Alternate $15,300.00
Reimbursable expenses shall be subject to the terms and conditions specified in Section
C4.04 and Appendix 2 of Exhibit C of the Agreement and shall not exceed ONE
THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($1,400.00) for the
additional services specified herein
ENGINEER's Consultant's charges shall be subject to the terms and conditions specified
in Section C4.05 and such charges including the factor shall not exceed SIX HUNDRED
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AND NO/100 DOLLARS ($600.00) for the additional services specified herein
associated with the gas generator.
3. Entire Agreement. The provisions of this Third Amendment and the provisions of the 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 Third Amendment and the provisions of the Second Amendment,the First Amendment or
the Agreement, the provisions of this Third Amendment shall control for the services specified
herein.
4. Interpretation. This Third 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 Third Amendment.
5. Captions. Captions contained in the Agreement and the Third 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 Third 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 Third Amendment, the 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 Third Amendment or in the Second Amendment, 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 Second Amendment in multiple
copies, each of which shall bF deemed t be an original,but all of which all constitute but one and the
same amendment, this day of , 201 the date of execution by the
City Manager. /�
CITY OF BAYTOWN
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MALCOLM PIRNIE,INC.
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