Ordinance No. 13,705ORDINANCE NO. 13,705
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND JONES &
CARTER, INC., FOR THE BAWA 6MGD SURFACE WATER TREATMENT PLANT PROJECT;
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
certain agreements before Baytown Area Water Authority ("BAWA") enters into the same; and
WHEREAS, on February 21, 2018, the Board of Directors of BAWA approved the Fourth Amendment to the
Professional Services Agreement with Jones & Carter for the BAWA 6MGD Surface Water Treatment Plant Project; and
WHEREAS, the City of Baytown desires to approve such agreement; 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 Fourth Amendment to
the Professional Services Agreement between the Baytown Area Water Authority and Jones & Carter, Inc., for the
BAWA 6MGD Surface Water Treatment Plant Project, which amendment is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes.
Section 3: This ordinance shall take effect immediately from and afte s passage by the City Council of
the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
22"a day of February, 2018. ,
STEP HEN IT -D
ATTE
LETICIA BRYSCH, City C'IL4kE
APPROVED AS TO FORM:,
NACIO RAMIREZ, S& City Attorney
COBFSO1\Legal\Karen\Files%City Council. Ordinances\2018\February 2241pprovingBAWAAmendment4forJ&CInc.doc
of the City of Baytown this the
S, Mayor
Exhibit "A"
FOURTH 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 Fourth Amendment ("Fourth 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" or "Engineer") 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 and topographic survey 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
Firm:
WHEREAS, BAWA and the Firm amended the Agreement (the "Third Amendment") for the
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 from the opposite
direction of the original design; and
WHEREAS, BAWA and the Firm desire to amend the Agreement again for the Firm to address
value engineering items, a metes and bounds survey of the intake area and permitting and approvals of
non-governmental entities;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
Definitions. Unless a different meaning clearly appears from the context, words and phrases as
used in this Fourth Amendment shall have the same meanings as in the Second Amendment, the
First Amendment, and the Agreement.
Fourth Amendment, Page 1
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 A2.02 "Required Additional Services," Part 2 "Additional Services," Exhibit A of the
Agreement is hereby amended to read as follows:
PART 2 — ADDITIONAL SERVICES
A2.02 Required Additional Services
A. ENGINEER shall perform the following tasks within thirty (30) calendar days
once the OWNER has authorized the re -design to begin:
Task 1: Perform value engineering services to implement a change in the
construction scope of work and make necessary modifications to the construction
documents, including, but not limited to, the plans and specifications to
incorporate the changes into the construction scope of work, including those
referenced in Appendix 1 of Exhibit A, which is attached hereto and incorporated
herein for all intents and purposes. Such modifications in the scope of services
may include, but not be limited to, the following:
a. Redesign the electrical service to remove the emergency generator and
associated electrical gear
1. ENGINEER shall coordinate with and obtain a study from
CenterPoint Energy to verify that a fully redundant power supply can
be provided to the site.
2. OWNER shall make a final decision regarding this value engineering
option.
b. Design the plant electrical power system in conjunction with
CenterPoint's automatic rollover service, which will provide two
overhead utility services to the plant.
1. This single feed will provide power to a utility -owned pad mounted
transformer located adjacent to the Primary electrical building
2. The medium voltage distribution gear will be designed to take the
single transformer secondary service and distribute power to four
plant feeders for Phase 1 with space allowed for two additional
future plant power feeds.
3. The gear will be designed to house all in -plant metering and
protection devices for the incoming service and six distribution
feeds.
4. Low voltage motor control centers downstream of the medium
voltage gear will now be designed to accept a single incoming power
feed.
Task 2: Redesign the sample waste stream system to implement a change in the
construction scope of work by changing the disposal point from the sanitary
sewer lift station to the sludge lagoon, which redesign shall include, but not be
limited to, the addition of a new pipeline from the lab in the operations building
to the sludge lagoon.
Fourth Amendment. Page 2
Task 3: Perform value engineering services necessary to implement a change in
the construction scope of work to include the programming of logic controllers
and configuration of the human -machine -interface computers.
Task 4: Obtain the necessary TCEQ approvals and necessary
variances/exceptions to make the modifications contemplated herein, including,
but not limited to, (i) the redundant power feed to the site from CenterPoint in
lieu of emergency generators, (ii) the change to delete the backwash clarifier
equipment and route waste backwash water to the sludge lagoons, (iii) the change
in the liner for the forebay, and (iv) the deletion of the second sludge lagoon.
c. Subsection A.1 "General," Section C4.03 "For Additional Services," Part 2 "Additional
Services," Exhibit A of the Agreement is hereby amended to read as follows:
C4.03 For Additional Services
A. OWNER shall pay ENGINEER for Additional Services as follows:
1. General.
a. Additional Services Requiring Owner's Authorization in Advance. For
services of ENGINEER's employees engaged directly on the Project
pursuant to paragraph A2.01 of Exhibit A of the Agreement, an amount
based upon the actual hours worked and the rate schedule, which is
attached as Appendix 1 of Exhibit C and incorporated herein for all
intents and purposes plus ENGINEER'S Consultant's Charges as
indicated in paragraph C4.05 and Reimbursable Expenses as indicated
paragraph C4.04. Additional Services shall not be performed without the
prior written consent of the OWNER. Additional services of
ENGINEER which may be authorized in accordance with paragraph
A2.01 shall not exceed $268,720.
b. Required Additional Services. For services of ENGINEER's employees
engaged directly on the Project pursuant to paragraph A2.02 of Exhibit A
of the Agreement, an amount based upon the actual hours worked and
the rate schedule, which is attached as Appendix 1 of Exhibit C and
incorporated herein for all intents and purposes plus ENGINEER'S
Consultant's Charges as indicated in paragraph C4.05 and Reimbursable
Expenses as indicated paragraph C4.04. Additional services of
ENGINEER authorized in paragraph A2.02 shall not exceed the
following:
Tasks1— 4............................................................... $130,257
3. Entire Agreement. The provisions of this Fourth Amendment, the 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 Fourth Amendment and the provisions of the Third Amendment, the Second Amendment,
the First Amendment and the Agreement, the provisions of this Fourth Amendment shall control.
Fourth Amendment, Page 3
4. Interpretation. This Fourth 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 Fourth Amendment
5. Captions. Captions contained in the Agreement, the First Amendment, the Second Amendment,
the Third Amendment, and the Fourth 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 Fourth 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 Fourth Amendment, the 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 Fourth Amendment, the 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
RICHARD L. DAVIS, General Manager
ATTEST:
LETICIA BRYSCH, Assistant Secretary
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., General Counsel
JONES & CARTER, INC.
By:
(Signature)
(Printed Name)
(Title)
Fourth Amendment, Page 4
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, , the undersigned notary public, on this day personally appeared
, in his/her capacity as , of Jones & Carter, Inc., on behalf
of such corporation
(Seal)
known to me;
_ proved to me on the oath of ; or
proved to me through his/her current (description of identification card
or other document issued by federal government or any state government that contains the
photograph and signature of the acknowledging person to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he/she executed that
instrument for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 21st day of February, 2018.
Notary Public in and for the State of Texas
"•COBF5011Legal\Kamd•.Fdes Engmeenng Engineenng AgreementsVones & Carter\BAWA 6 MGD Plant\FourthAmendmentRevised.doc
Fourth Amendment. Page 5
APPENDIX 1
BAYTOWN AREA WATER AUTHORITY
B MGD SURFACE WATER TREATMENT PLANT
VALUE ADDED SCHEMES
Revision Date: 26.Oct-2017
4E Ibom
Appro wad VE
No.
start 0011.r .arcs.
Budgets Rvrmurka I Notaalu nn
0-003140tic
02B
Remove Ume Stabilized FID Materials
$ (275,000) Use On Site Fit and Ume Stabilize Top 8"
from Roads
EAminale Earthwork at all Future
Eliminate All Imported Flu for Future Areas. IMminste Any Lime of
02C
Stnx:tum (Phase II, III and IV)
$ (1,200,000)
Surplus Materials Placed in the Future Area The Futuro Area Vo be
EdrriWML!Mxim Elevations CofmWista
02E
Substitute Concrete Pavement with
Concrete rd et Non
$ (110,000)
Delete Comate Pavement and Add Geotech Fabric and 8' Crushed
MWnCrusDrive
Main Dries end Roads {+►.�8,2428F)
ds (+P
Concrete Pavement over Ume Stablitzed Subgrade
02F
Delete Concrete Pavement (+I-$
(90,000)
Delete All Concrete Pavement Around Now future Maintenance
18,0003
Building and the Plan West Road from the Saekwash Pump Station
02G
Remove Clay Liner from FaroBey
$ (125,000)
Delete the 2ft Clay Liner from the Forsbay and Adjust Grades to
Compensate for this Reduction
02H
Delete Scope Associated with SecondL0000n
$ (75,000) Delete Second Lagoon
At Contractors Option, Delete
03A
Horizontal Control Joints to Allow for
$ (15,000) Deletes, Joints and waterstop
ontinuous Pour Walls
Delete Backwash Clarifier S (650,000) Includes Earthwork. Concrete and Steel Structures. Proem
Equipment. Process Pipe and Electrical
Delete Maintenance Building
[War Work Associated with the MWenance BuMing Urntl Additional
$ (850,000)
FundIno Can Be rdzed
1013
Change 5 Type "D" Manholes to Type
$ (72 OD0)
ME
Eaton vs Square D Package
$ (333,600) Includes Change in Manufacture, Copper to Aluminum Windings on (8)
transformers and an Alternate Ughting Package
16F
MV feeder and
S (610,000)
1=undent
Delete Generator, Gear, Foundation, Platform. Electrical Ductbank and
lei
Delete Generator and Gear
$ (1,658,000) Wiring - Note. Based on approval of 2nd Independent Service by
ern m
10J
Change Duclbank Concrete from
$ (30,0013)
Ib
Earthwork / Civil Notes: In an effort to make the structures with a uniform backfill material, differences between specs, drawings and sells
report set aside. ALL structural backfill will be select 011 unless not workable due to water In the excavations prior to backfill. A standard for
select fill Is material having a PI of 7-20 based on a representative sample of the material. At the contractors option, onsite material can be lime
stabilized with at least 5% lime, actual lime will be determined by a lime analysis on the material, can be used as select fill.
All pavement fills will be based upon an acceptable proof roll prior to 811. All All, onsite or Imported will he compacted to at least 95% standard
proctor density. Under all paving extending to 2' outside, 8' lime stabilization with at least 5% lime, actual lime needed will be determined by a
lime analysis on the material to be Ilmed. All lime stabilized material will be compacted to at least 95% standard proctor density.
All 'future" areas to receive fill will be deleted with the exception that all areas will be graded to drain.
Surplus topsoil may be used as fill In landscape areas to a depth of up to 1. All landscape areas will be backfilled to at bast 90% standard
proctor density.
Actual undercuts forthe GST and the Treatment Train (5S-1 addenda 4) VAN be determined in the field with the current design as the
maximum. If an acceptable proof roll ran be made at a higher level, that will be determined by the owners testing lab, a deduttfor the
undercut and subsequent backfill with select fill will be made