Ordinance No. 12,261C)FZ-DINANC7,F,. NO. 12,261
AN ORD I PQNLNCA..., C)I-7 'r I tic ci-ne, cotiumit. of .,1.,.:1I1 en, (�.-),F BA,%-F'C)WN- TEXAS,
AUNFIORIZINCA AND—DIRECAANU 1111=. CITY MANACiER, TC) F'�XECUTT-, AND
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11110FESSIOINAl- S17,RVICI-..-.S W I T 1 1 11DR INC. FOR"
AA IF. 1- OA13 IAF-'1- STATIC) A1J'FII(--M,',IZINC-i PAYMENT BY
rum mim cm- BAY-1-OWN 154 AN ANICA-INT N(--')-l' 'I'C) EXCF,[---,I")
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BE, F1. C)12L')A1N1!L3 BY 71-11.1 CIAM COUNCIL OF THE CATY (-.-)F 13A."ll-I.-C)WN, '11.,XAS:
Section 1: "Illat tho City, Council or the 4c by or Baytown, wexas, hereby authorizes and
directs the C:.ity Manager to CXCCL]tC Mid, [he C'it:V C-Aerk tici attest W the Second Aniencimcnt to the
Professional Services Agreement with 111311 Engincerhig, Inc,., for tile Raccoon 1"Wad LAI-1 Station Ilroject.
A
ca py or the Ennendment is attached herew, marked Exhibit ",A,- and n1jaf I
le as -jart t(1q- 111I intent."
and purposes.
Sectioti 2: Tbat the City Council of the Chy W Baytown authorizes t(.a
lingiricering, Inc, in an arnourn not to exceed TWENVY I•llk-JUSANE) AND NO/1,00 L)OA-LARIS
($2VOOMOO) Rw proWssOnal services in accordance widi the at"ench-nent authorized in Scctkmi I
hercilittt-,)o ve.
irwrimimcqui, 141 13, and PASSED by the iffirmativo
Baytown, thh,, tile 23"' day c)fMay, 20 I3. 11
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City orthQ (:"-"iiy tit-
C AR, KUNk Ma5ror
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'l to the Standard Form of Agreement between
the City of Baytown and HDR Engineering, Inc., dated April 8, 2009, is made by and between the same
parties on the date hereinafter last specified to authorize engineering technical support services for the
Raccoon Road Lift Station Project (the "Project'j.
WITNESSETH:
WHEREAS, the City of Baytown ( "OWNER ") and HDR Engineering, Inc., ( "ENGINEER ") did
enter into an Engineering Services Agreement, dated April 8, 2009, for preliminary engineering phase
services in an amount not to exceed ONE HUNDRED SIXTEEN THOUSAND NINETY -FIVE AND
NO /100 DOLLARS ($116,095.00) (the "Agreement "); and
WHEREAS, OWNER and ENGINEER entered into the First Amendment to the Agreement on
May 17, 2010, in order for ENGINEER to provide design, bidding, and construction phase services for
the Project; and
WHEREAS, during the construction phase of the Project, the OWNER's contractor encountered
debris having some level of lead in the soil; and
WHEREAS, it is believed that the area where the debris was found was a community dump site,
which is under the jurisdiction of the Texas Commission on Environmental Quality ("TCEQ ") Municipal
Solid Waste permitting group; and
WHEREAS, since a Municipal Solid Waste landfill cover is disturbed, the OWNER will have to
comply with TCEQ regulations pertaining to the Texas Municipal Solid Waste Rules; and
WHEREAS, ENGINEER has the expertise and is willing to provide technical services to the
OWNER to develop a work plan and provide permitting support for the disturbance of the landfill cover
at a cost not to exceed TWENTY THOUSAND AND NO /100 DOLLARS ($20,000.00); and
WHEREAS, the OWNER desires ENGINEER to perform such services as more particularly
described herein;
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 Second Amendment shall have the same meanings as in the Agreement and the First
Amendment.
2. Amendments.
a. Section A2.02 "Required Additional Services" of Exhibit "A" is hereby amended to read as
follows:
A2.02 Required Additional Services.
A. Upon a written authorization to proceed signed by OWNER, ENGINEER shall:
Second Amendment. Page 0
1. Provide technical services to the OWNER and coordinate with the TCEQ
Municipal Solid Waste Section concerning the disturbance of the landfill
cover and the proper disposal of the debris;
2. Attend and conduct meetings as necessary with all regulatory agencies
having jurisdiction over the services required Section A2.02, including, but
not limited to, meetings with TCEQ to address requirements for disturbance
of the landfill cover under Title 30, Part I, Chapter 330, Subchapter T of the
Texas Administrative Code;
3. Provide permitting support for the disturbance of the landfill cover — the full
scope of which will be determined by the TCEQ;
4. Develop a work plan meeting the requirements of all regulatory agencies and
describing the proposed action for disturbing and restoring the dumping area
cover, including concept drawings to illustrate the project intent; and
5. Submit up to five (5) copies of the work plan to OWNER within thirty-five
(35) calendar days of the issuance of the notice to proceed for these required
additional services.
b. Section C4.03.A.1 of Exhibit "C" is hereby amended to read as follows:
C4.03 For Additional Services
A. OWNER shall pay ENGINEER for Additional Services as follows:
I. General. 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 A2.01.13, an amount equal to ENGINEER's actual salaries
times a Factor of 3.05, not to exceed the maximum rate for any employee
classification as referenced in rate schedule, which is attached as
Appendix 1 of Exhibit C, plus Reimbursable Expenses and
ENGINEER's Consultant's charges, if any. Additional Services shall
not be provided without the prior written consent of the OWNER or a
notice to proceed issued by the OWNER. Additional Services as
outlined in Section A2.01.A shall not exceed $25,000. Additional
Services, as outlined in Section A2.02.A and inclusive of all associated
Reimbursable Expenses, shall not exceed $20,000.
3. Entire Agreement. The provisions of this Second Amendment and 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 Second Amendment.
5. Captions. Captions contained in the Agreement, First Amendment, and the 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 First 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 First Amendment, the Agreement or any other contract or agreement or addenda, any
Second Amendment. Page I
charter, or applicable state law. Nothing contained in this First Amendment or in the Agreement
shall be construed in any way to limit or to waive the OWNER's sovereign immunity.
IN WITNESS WHEREOF, the parties hereto have executed this Second 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 , 2013, 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
HDR ENGINEERING, INC.
By: — �-�/ /4�
(Signature)
(Printed Name)
V /GC �iLEs�i1 t'1.S`�
(Title)
ATTEST:
(Signature)
900nie- '--T' �'d(br\
(Printed Name)
14-5s-�..Secru +ycr —
(Title)
R: \Karen \Files \Enginecring \Engineering AgmemenOClaunch k Miller\Raccoon Road Lift S1a1ion\SccondAnundmcnt.doc
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