BAWA Resolution No. 2018-09RESOLUTION NO. 2018-09
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA
WATER AUTHORITY AUTHORIZING THE THIRD AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH HATCH ASSOCIATES
CONSULTANTS, INC., F/K/A SHRADER ENGINEERING INC., FOR THE BAWA
HIGH SERVICE PUMPS PROJECT; AUTHORIZING PAYMENT IN AN AMOUNT
NOT TO EXCEED FOURTEEN THOUSAND FIVE HUNDRED EIGHTY AND
N0/100 DOLLARS ($14,580.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER
AUTHORITY:
Section 1: That subject to the approval of the City Council of the City of Baytown, Texas,
the Board of Directors of the Baytown Area Water Authority hereby authorizes the Third Amendment to
the Professional Services Agreement with Hatch Associates Consultants, Inc., f/k/a Shrader Engineering
Inc., for the BAWA High Service Pumps Project. A copy of the amendment is attached as Exhibit "A'
and incorporated herein for all intents and purposes.
Section 2: That subject to the approval by the City Council of the City of Baytown, Texas,
of the amendment referenced in Section 1 hereof, the Board of Directors of the Baytown Area Water
Authority hereby authorizes the payment of an amount not to exceed FOURTEEN THOUSAND FIVE
HUNDRED EIGHTY AND NO/100 DOLLARS ($14,580.00) to Hatch Associates Consultants, Inc.,
f/k/a Shrader Engineering Inc., consistent with the amendment.
Section 3: This resolution shall take effect immediately from and after its passage by the
Board of Directors of the Baytown Area Water Authority.
INTRODUCED, READ and PASSED, by the affirmative vote of the Board of Directors of the
Baytown Area Water Authority this the 21" day of February, 2018.
A T:
L TICIA BRYSCH, Msista&Aecretary
APPROVED AS TO FORM:
C
41GRACIO RAMIREZ, SR., eral Counsel
BRIENDA BRADLEY SMITH, President
.COBFSOI Legal Karen Files BAWkResolution\2018 February\3rdAmendmentwithShrader4BAWAHighServicePumpsProject.doc
Exhibit A
THIRD AMENDMENT
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND HATCH
ASSOCIATES CONSULTANTS, INC., F/K/A SHRADER ENGINEERING, INC., FOR
THE BAYTOWN AREA WATER AUTHORITY WATER HIGH SERVICE PUMP
STATION IMPROVEMENT PROJECT
STATE OF TEXAS
COUNTY OF HARRIS
This Third Amendment ("Third Amendment') to the Professional Services Agreement between
the Baytown Area Water Authority and Hatch Associates Consultants, Inc., f/k/a Shrader Engineering,
Inc., for the Baytown Area Water Authority Water High Service Pump Station improvement Project,
dated March 2, 2016, is made by and between the some parties on the date hereinafter last specified to
authorize the additional services indicated herein for the Baytown Area Water Authority Water High
Service Pump Station Improvement Project (the "Project").
WITNESSETH:
WHEREAS, the Baytown Area Water Authority ("BAWA" or "Owner") and Hatch Associates
Consultants, Inc., fWa Shrader Engineering, Inc., (the "ENGINEER') did enter into an Agreement for
engineering services, dated March 2, 2016, for the Project ("Agreement"); and
WHEREAS, BAWA and the ENGINEER entered into the First Amendment to the Agreement on
July 18, 2016, (the "Fust Amendment") to add services associated with a structural canopy with monorail
and electrically operated hoist, which will inquire minimal as -built documents for the electrical building
and some electrical equipment surveying to verify the existence and settings of existing electrical
equipment and raceways; and
WHEREAS, BAWA and the ENGINEER entered into the Second Amendment to the Agreement
on November 13, 2017 (the "Second Amendment") (i) to retain the services of an electrical testing
i contractor to trace out medium voltage cables that are in a particular electrical manhole adjacent to the
iexisting suction header pipe and (ii) to provide field coordination so that a licensed professional engineer
is present with the electrical testing contractor, and
WHEREAS, BAWA and the ENGINEER desire to amend the contract again to require
ENGINEER (i) to add the installation of a compatible electrical actuator on each of the existing two (2)
valves on the discharge side of the high service pumps to operate each of the valves so that they can be
monitored and controlled remotely;
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 t
Exhibit A
b. Exhibit A, Part 1 "Basic Services," Section A1.04 "Construction Phase," Subsection A.16, of
the Agreement is hereby amended to add a new task to be numbered subsection d which shall
read as follows:
PART 1 — BASIC SERVICES (Modified)
A1.04 Construction Phase
A. Upon successful completion of the Bidding and Negotiating Phase, and upon written
authorization from OWNER, ENGINEER shall: ...
16. Additional Tasks. Perform or provide the following additional Installation phase
tasks or deliverables:
c. ENGINEER shall:
1. Inspect existing valves
An electrical professional engineer and a SCADA technician will inspect
the existing valves and document available manufacturer/nameplate
information with the assistance of OWNER'S staff. If valves are
inaccessible, ENGINEER will rely on as -built information where
available.
2. Select compatible motors
ENGINEER will coordinate with manufacturers to select a compatible
motor for the existing valves. Torque compatibility will strictly be the
responsibility of the selected manufacturer. Other items that will be
coordinated include controls compatibility and voltage compatibility.
3. Select pressure transducers
ENGINEER will select pressure transducers to be installed upstream of
each valve. This will allow OWNER to monitor the pressures in both
discharge lines that run out of OWNER to the City of Baytown's
distribution system.
4. Revise contract documents
ENGINEER shall revise the construction documents in order to show the
added actuators and pressure transducers. Revisions will include actuator
installation, pressure transducer taps, power, and controls details.
Additional conduits outside of the existing construction area will be
required to connect the motors and the pressure transducers.
5. Program additional control points and monitoring points
ENGINEER shall program additional control points and monitoring points
for the following.
D Valve 1 Open (Control)
Valve I Close (Control)
D Valve 1 Position (Monitor)
Valve 1 Fault (Alarm)
Valve 2 Open (Control)
Third Amendment, Page 2
Exhibit A
D Valve 2 Close (Control)
Valve 2 Position (Monitor)
>i Valve 2 Fault (Alarm)
Supply Line 1 Pressure (Monitor)
Supply Line 1 High and Low Pressure (Alarm)
Supply Line 2 Pressure (Monitor)
Supply Line 2 High and Low Pressure (Alarm)
c. Subsection A.1 of Section 04.01 "For Basic Services Having A Determined Scope —Not to
Exceed" 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 —Not to Exceed
A. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit A as
(mows:
1. (Modified) An amount not to exceed $407.746.00 based upon the rate
schedule, which is attached as Appendix 1 of Exhibit C and incorporated
herein for all intents and purposes. This amount includes those
ENGINEER'S Consultant's charges and will be distributed at the completion
of each of the phases in the following amount:
a. 90% Review Phase.............................................................................
$57,116
ENGINEER.............................................................$38,186
KIT................................. ...................... _..... _.......... $16,930
SSH............................................................................$2,000
b. Final Design Phase...........................................................................$105,414
ENGINEER.............................................................$70,020
KIT...........................................................................$25,394
SSH.......................................................................... $10,000
c. Bidding or Negotiating Phase......................................................... $11,882
ENGINEER...............................................................$7,325
KIT.............................................................................$4,557
d. Construction Phase...........................................................................$216,934
ENGINEER.......................................................... $160,187
KIT..........................................................................$38,347
SSH............................................... ........ .................... $3,000
ATS.......................................................................... $15,400
e. Electrical Equipment Surveying (if needed) ..................................
$16,400
ENGINEER...........................................................»..$1,215
ATS....................................................................»...$15,185
d. Subsection A of Section C4.04 "For Reimbursable Expenses" of Article 4 "Payments to the
Engineer" of Exhibit C is hereby amended to read as follows:
C4.04 For Reimbursable Expenses
A. (Modified) When not included in compensation for Basic Services under paragraph
04.01, OWNER shall pay ENGINEER for Reimbursable Expenses at the rate set forth
in Appendix 1 of this Exhibit C. Before the OWNER shall be liable for any reimbursable
Third Amendment. Page 3
Exhibit A
expenses, the ENGINEER must obtain prior written approval of the OWNER of any
expense that exceeds $1,000 for which the ENGINEER seeks reimbursement.
Reimbursable Expenses shall not exceed $6,750 for the expenses incurred by
ENGINEER and ENGINEER's consultant(s):
e. ENGINEER shall perform the services specified in this Third Amendment within a total of
twenty-one (21) calendar days.
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 or 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 Amendment.
5. 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 , 2018, the date of execution by the General
Manager.
BAYTOWN AREA WATER AUTHORITY
By:
RICHARD L. DAVIS, General Manager
ATTEST:
LETICIA BRYSCH, Assistant Secretary
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., General Counsel
Third Amendment Page 4
Exhibit A
HATCH ASSOCIATES CONSULTANTS,
INC.
F/K/A SHRADER ENGINEERING, INC.
By. 4 ,._
(Signatur
Craig Shrader, PSP
(Printed Name)
Regional Director
(Title) - - —
ATTEST:
&jj4kj N�-
(Signature)
Kristen Swonke
(Printed Name)
Project Specialist
(Title)
Ncd�601tleptlKarcnlFlalEngineeri�tG mevire AVvcmcnU%Shnda ftinmtW Ca•mm7kDAWA Illph Service Pump Stvon Imporanm.%Tk dAn- l tdm
Third Amendment, Page 5
CERTIFICATE OF INTERESTED Prig
FORM 3.295
loll
Complete Nos. l - 4 and 6 if there a; a interested parties.
Complete Nos. 1.2.3.5, and 6 :f there are io i iterested partes.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number-
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2018-304324
Shrader Engineering Inc.
Houston, TX United States
Date Filed:
01/22/2018
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Baytown
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify
description of the services, goods, or other property to be provided under the contract.
the contract, and provide a
1600670
Eng:neenng design services for the construction of a new High Service Pump Station at BAWA
Nature of interest
4 Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling I
Intermediary
5 Check oniy if there is NO Interested Party. r-,
6 UNSWORN DECLARATION
/14/1965
Myna -es Craig Shrader and my date of birth ;s V/14/1965
My address :s 750 Town and Country Blvd. S-650 Houston _! _
TX 77024 USA
street) (ci y (s+ate) zip code, co, n ry)
declare under penalty of perjury that the foregoing :s true and correct.
Executed in Harris County, State of Texas . on the
22day of January 20 18
(month) iyear
Signatt f authorized agent of contracting
business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337
Exhibit A
r�#
City of Baytown
;YTOWN
CHAPTER 2270 VERIFICATION
Pursuant to Section 2270.002 of the Texas Government Code, I, Craig Shrader , the
undersigned representative of Hatch Associates Consultants, Inc. (Company Name), do hereby
verify that the above -referenced company does not boycott Israel and will not boycott Israel during the term of the
contract to be entered into with the City of Baytown.
In making this verification, I understand that the following definitions apply:
1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any
action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with
Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not
include an action made for ordinary business purposes; and
2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint
venture, limited partnership, limited liability partnership, or any limited liability company, including a
wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or
business associations that exist to make a profit.
EXECUTED this the 22 day of January 12014
Hatch Associates Consultants, Inc.
Company Name
Signature
Craig Shrader, PSP
Printed Name
Regional Director
Title
STATE OF TEXAS
COUNTY OF HARRI %% §
Before me, vii the u ersigned notary public, on this day personally
appeared the ( (Title) of
company Name), known o me to be the perion whose name is
subscribed to the foregoing instrument, who after by me being duly sworn, did swear and affirm that the
above is true and correct.
Given under my hand and seal of office this 22
v comm p U
,
Notary Public, State of Texas
I N -
..$,f Commission Expires 03-28-2020
Notary 101Q48205-1
/r
day of J d.•4 U_ &+V1., 2018
Notary Public in and for the State of Texas