Ordinance No. 12,580ORDINANCE 12,580
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE FIRST AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE BAYTOWN AREA WATER
AUTHORITY AND JONES & CARTER, INC., FOR THE BAYTOWN AREA
WATER AUTHORITY 6 MGD SURFACE WATER TREATMENT PLANT IN
AN AMOUNT NOT TO EXCEED EIGHTY -FIVE THOUSAND NINE
HUNDRED EIGHTY -THREE AND N01100 DOLLARS ($85,983.00); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby approves the
First Amendment to the Professional Services Agreement between the Baytown Area Water
Authority and Jones & Carter, Inc., for the Baytown Area Water Authority 6 MGD Surface
Water Treatment Plant in an amount not to exceed EIGHTY -FIVE THOUSAND NINE
HUNDRED EIGHTY -THREE AND N01100 DOLLARS ($85,983.00). A copy of such
amendment is attached hereto as Exhibit "A" and incorporated herein for all intents and
purposes.
Section 2: This ordinance shall take effect i
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the
City of Baytown this the 10th day of July, 2014.
ATTEST:
LETICIA BRYSCH,
V
CCle�k�o.vat�. {�m�y
r
ter = OF-
APPROVED AS TO FORM:
I NACIO RAMIREZ, SR., C' ttorney
and after its passage by
vote of the City Council of the
DONCARLOS,
1iCOBFSOIILegallKareW. Files. City Council .Ordinances\2014Uuly IOWpproveBAWAIstAmendment2J ones& CarterCon tractforBAWAWWTP1IProject doc
r
Exhibit "A"
FIRST AMENDMENT
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND JONES & CARTER, INC.,.
FOR THE BAYTOWN AREA WATER AUTHORITY (BAWA) 6 MGD SURFACE WATER
TREATMENT PLANT
STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment ("First Amendment") to the Professional Services Agreement between the
Baytown Area Water Authority and Jones & Carter, Inc., for the Baytown Area Water Authority 6 MOD
Surface Water Treatment Plant, dated January 23, 2014, is made by and between the same parties on the
date hereinafter last specified to authorize the additional services indicated herein for the BAWA 6 MGD
Surface Water Treatment plant Project (the "Proj ect "}.
WITNES SETH:
WHEREAS, the Baytown Area Water Authority ("BAWA" or "Owner ") and Jones & Carter,
Inc., (the "Firm ") did enter into an Agreement for engineering services, dated January 23, 2014, for the
Project ( "Agreement "); and
VMREAS, BAWA and the Firm desire to amend the Agreement for the Finn to employ a
subconsultant to provide a wetlands delineation of the Project's proposed 60 -acre site (the "Project Site');
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. Amendments
a. The scope of the services to be performed by the ENGINEER is hereby amended to include
the services detailed herein for the Project.
b. Section AIMS "Site and Treatment Technology Evaluation," of Part 1 "Basic Services,"
Exhibit A of the Agreement is hereby amended to add a new subsection A.9.d, which
subsection shall read as follows:
PART 1 -- BASIC SERVICES (Modified)
At. 005 Site and Treatment TechnologyEyaluation
A. ENGINEER shall:
First Amendment, Page 1
9. Conduct field investigations to include:
d. A detailed wetlands delineation of the Project Site, including, but not be
limited to, the following:
i. clearing of brush to create transects across the property for
pedestrian access;
ii. performing a field assessment of areas that meet the regulatory
definition of water of the United States, including wetlands;
iii. providing a survey of the delineated wetlands,
iv. preparing a draft jurisdictional determination report for the Project
Site within 28 calendar days after completion of the field work,
which report will present text, exhibits and data forms supporting the
delineation conducted for the site;
v. Finalizing the draft jurisdictional determination report within ten
(10) days after receiving comments from OWNER concerning the
draft report, which final report shall be suitable for submittal to the
United States Army Corps of Engineers ("USAGE') for review and
approval;
vi. Coordinating with USACE- Galveston District regarding the
verification of the delineation of waters of the United States within
the Project Site; and
vii. Accompanying the USACE on a Project site visit.
c. Section C4.01 "For ENGINEER's Consultant's Charges" of Article 4 "Payments to the
Engineer" of Exhibit C is hereby amended to read as follows:
ARTICLE 4 -- PAYMENTS TO THE ENGINEER
C4.05 For ENGINEER's Consultant's Charges
A. (Modified) 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 1.1. The consultant
charges shall not exceed the following amounts specified for each of the following
services, unless approved in writing by the OWNER. The charges include the factor
and shall not exceed the following:
a. Site and Treatment Technology Evaluation Phase ............................. $156,980
b. Preliminary Design Phase ............ ............................... ....................... $344,371
c. Final Design Phase .............................................. ............................... $888,885
d. Bidding or Negotiating Phase .............................. ............................... $18,274
e. Construction Phase .............................................. ............................... $608,893
f. Resident Engineer on -site pursuant to paragraph A2.01 ...................... $54,000
3. Entire Agn went. The provisions of this 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 First Amendment and the provisions of the
Agreement, the provisions of this First Amendment shall control.
4. Inteactation. This First 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 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.
First Amendment, Page 2
U
6. NOW ver. By this First Amendment, BAWA does not consent to litigation or suit, and BAWA
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 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 BAWA's sovereign immunity.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple copies,
each of which deemed be an on al, but all of which shall constitute but one and the same
amendment, thiday of 2414, the date of execution by the General
Manager.
]AY TOWN AREA WATER AU ORITY
to ARt/ /y:
y� ?BERT D. LBIPBR, General M agar
LETICIA DRYS , Assfit0int Sec`
AP OVER AS TO FORM: fj /rf11)l fl: It �� ti
eMRACTIO RAMUM, SR, General Co`�
JONES & CARTER, INC.
By:
(S gnatur )
94 P.
(Printe Name)
lbNiSi'dA /y4r)Qrler
(Title)
ATTEST:
(Sigaatuie}
(Printed Name}
(title
%\COBPSO1VAgd%lQ en\PiIallrngtnecdng%nglnrering Agm m isuones & Ca*AUWA 6 MOD PbntWiratAmendment dca
First Atnendmant, Page 3