Ordinance No. 13,457ORDINANCE NO. 13,457
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH JONES AND CARTER, INC., FOR THE BAYTOWN AREA
WATER AUTHORITY 6 MGD SURFACE WATER TREATMENT PLANT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, the Baytown Area Water Authority's enabling legislation requires that the City Council
approve the contract before Baytown Area Water Authority (`BAWA") enters into the same; and
WHEREAS, on April 26, 2017, the Board of Directors of BAWA met and approved the Third
Amendment to the Professional Services Agreement with Jones and Carter, Inc., for the Baytown Area Water
Authority 6 MGD Surface Water Treatment Plant; and
WHEREAS, the City of Baytown desires to approve such construction contract; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the recitals set forth hereinabove are hereby found to be true and correct and are
hereby adopted.
Section 2: That the City Council of the City of Baytown, Texas, hereby approves the Third
Amendment to the Professional Services Agreement with Jones and Carter, Inc., for the Baytown Area Water
Authority 6 MGD Surface Water Treatment Plant in an amount not to exceed ONE HUNDRED TWENTY-
TWO THOUSAND AND NO/100 DOLLARS ($122,000.00).
Section 3: This ordinance shall take effect
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the
Baytown this the 27th day of April, 2017.
ATTEST:
and after its passage by the City
vote of the City Council of the City of
H. DONCARLOS, Mayor
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LETICIA BRYSCH City k ° •• "`J' V
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APPROVED AS TO FORM: ',�'°°e.•v °��
G ACIO RAMIREZ, SR., Ci ttorney
gcobfs0l\legal\Karen\FileslCity Coun61l0rdinances\2017\Apd127\ApprovingBAWA3rdAmendmentwidiJones&Carter.doc
Exhibit "A"
THIRD 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 Third Amendment ("Third 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, 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 "Project").
WITNESSETH:
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
WHEREAS, BAWA and the Firm amended the Agreement (the "First Amendment") for the Firm
to employ a subconsultant to provide a wetlands delineation of the Project's proposed 60 -acre site (the
"Project Site");
WHEREAS, BAWA and the Firm amended the Agreement (the "Second amendment") for the
Firm to employ a surveyor to provide metes and bounds for an off-site easement to the east to Hwy 99,
and west to FM 1405, which was owned by Cedar Crossing and needed for closing on the Project Site;
and
WHEREAS, BAWA and the Firm desire to amend the Agreement again for the Firm:
1. to address the issues identified in the final geotechnical report, including poor soil
bearing capacities and other issues, by revising the structural foundation design,
dewatering plans and associated designs and plans; and
2. to modify the site paving and drainage design in order to tie into the new proposed
southern access road, which will provide a route for 18 -wheeler trucks form the opposite
direction of the original design.
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. The scope of the services to be performed by the ENGINEER is hereby amended to include
the services detailed herein for the Project.
Third Amendment, Page 1
b. Section A1.02 "Final Design Phase," of Part 1 "Basic Services," Exhibit A of the Agreement
is hereby amended to add new subsections A.3.m and A.3.n, which subsections shall read as
follows:
PART 1 -- BASIC SERVICES (Modified)
A1.02 Final Design Phase
A. After acceptance by OWNER of the Preliminary Design Phase documents and revised
opinion of probable Construction Cost as determined in the Preliminary Design Phase, 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:
3. Perform or provide the following additional Final Design Phase tasks or deliverables:
in. provide design services to address the issues identified in the final
geotechnical report, including poor soil bearing capacities and other
issues, by revising the structural foundation design, dewatering plans and
associated designs and plans and incorporating the same into the Bidding
Documents; and
n. provide design services to modify the site paving and drainage design in
order to tie into the new proposed southern access road, which will
provide a route for 18 -wheeler trucks form the opposite direction of the
original design.
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
C4.01 For Basic Services Having A Determined Scope — Cost not to Exceed Method of
Payment
A. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit A as
follows:
1. (Modified) A cost not to exceed amount of $1,582,170, 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 task:
a. Site and Treatment Technology Evaluation Phase ........................ $73,726
b. Preliminary Design Phase............................................................ $232,670
c. Final Design Phase..................................................................... $959,852
d. Bidding or Negotiating Phase ...................................................... $20,586
e. Construction Phase...................................................................... $295,336
Third Amendment, Page 2
d. 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 ............................. $185,680
b. Preliminary Design Phase.................................................................. $344,371
c. Final Design Phase............................................................................. $990,885
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 Agreement. The provisions of this Third Amendment, 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 and the
Agreement, the provisions of this Third Amendment shall control.
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
Captions. Captions contained in the Agreement, the First Amendment, the Second Amendment
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, 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
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, the Second Amendment, the First Amendment or 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 shall be deemed to be an original, but all of which shall constitute but one and the same
amendment, this day of , 2017, the date of execution by the General
Manager.
BAYTOWN AREA WATER AUTHORITY
By:
RICHARD L. DAVIS, General Manager
Third Amendment, Page 3
ATTEST:
LETICIA BRYSCH, Assistant Secretary
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., General Counsel
JONES & CARTER, INC.
By:
(Signature)
(Printed Name)
(Title)
ATTEST:
(Signature)
(Printed Name)
(Title)
LICOBFSO1%Legal. `.Karen\Files' Engineenng Engineenng AgreementsVones & Carter\BAWA 6 MGD Plant\ThirdAmendmentRevised.doc
Third Amendment, Page 4