Ordinance No. 13,706ORDINANCE NO. 13,706
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 KIT PROFESSIONALS, INC.,
FOR THE BAWA CHEMICAL FACILITIES IMPROVEMENTS 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 First Amendment to the
Professional Services Agreement with KIT Professionals, Inc., for the BAWA Chemical Facilities Improvements 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 First Amendment to
the Professional Services Agreement with KIT Professionals, Inc., for the BAWA Chemical Facilities Improvements
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/r ' s passage by the City Council of
the City of Baytown. //
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INTRODUCED, READ and PASSED by the affirmative vote of the C,tly Council of the City of Baytown this the
22 day of February, 2018. -.4
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LE I IA BRYSCH, City rk
APPROVED AS TO FORM:
C NACIO RAMIREZ, SS -V1 City Attorney
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Exhibt A
FIRST AMENDMENT
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND KIT
PROFESSIONALS, INC., FOR THE CHEMICAL FACILITIES IMPROVEMENTS
PROJECT
STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment ("First Amendment") to the Professional Services Agreement
between the Baytown Area Water Authority and KIT Professionals, Inc., for the Chemical
Facilities Improvements Project, dated 2017, is made by and between the
same parties on the date hereinafter last specified to authorize the additional services indicated
herein for the Chemical Facilities Improvements Project (the '`Project'').
WITNESSETH:
WHEREAS, the Baytown Area Water Authority ("BAWA" or "Owner') and KIT
Professionals, Inc., (the "ENGINEER") did enter into an Agreement for engineering services,
dated , 2017, for the Project ("Agreement"); and
WHEREAS, BAWA and the ENGINEER desire to amend the Agreement for the
ENGINEER to perform design, bid and construction phase services;
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 following to be addressed during the Final Design Phase:
(1) Chemical System and Facility Improvements. Many of the chemical storage,
piping, feed, and power and control system components have exceeded their
service life, are operating at reduced capacity, are unreliable, and are in need of
rehabilitation or replacement.
(2) Lime System Addition.
feed system for pH
corrosion control, and
hydroxide.
First Amendment. Page l
BAWA staff desires the addition of a lime storage and
and alkalinity adjustment for treatment performance,
chemical cost savings over the current use of sodium
(3) Liquid Ammonium Sulfate System Addition. Gaseous anhydrous ammonia is
currently fed for chloramine formation at the plant. The anhydrous ammonia
system is reaching the end of its service life and is a concern due to the hazardous
nature of the ammonia gas stored under pressure. BAWA staff would like to
convert from an ammonia gas system to a liquid ammonium sulfate system, which
has significant operational and safety advantages.
(4) Forebay Liner. The forebay dike on the south side of the impoundment is
leaking, possibly due to loss of integrity of the HDPE liner. The leak has resulted
in water constantly standing in an area adjacent to the south dike that lacks
positive drainage. Discharge piping from the transfer pump station has corroded
as the result of being immersed in the standing water. BAWA staff would like to
replace the liner in-kind and improve the drainage around the discharge piping.
(5) Settled Sludge Valves and Piping. The settled sludge collection piping and valves
have exceeded their useful service lives and require replacement. The pneumatic
actuators on the existing valves and the air supply systems are problematic and
unreliable. BAWA staff requested that electric actuators be provided for new
valves. The sludge collection gallery piping, fittings, supports, and appurtenances
exhibit severe corrosion and require replacement.
(a) Pinch valves on sludge lines are at the end of service life and are experiencing
operational problems; require replacement with electric motor operated
valves.
(b) Isolation valves on sludge lines are at the end of service life, are leaking, and
experiencing operational problems; require replacement.
(c) Due to constant exposure to water the pipe supports are deteriorated and
require replacement.
(6) Settled Sludge Gallery Structure. The Settled Sludge gallery is in need of
multiple improvements to address the following operational and safety conditions
and concerns:
(a) The existing construction and expansion joints have deteriorated allowing
water to leak fieely into the gallery. In addition, multiple structural cracks in
walls are also leaking. The constant flow of water in the gallery results in the
walls and floors to be constantly wet, promoting the growth of mold and
algae. Some leaks are severe; structural repairs and injection grouting are
required.
(b) Sludge piping penetrations through process basin walls are leaking, resulting
in accumulation of ponding water on gallery floor.
First Amendment. Page 2
(c) Runoff and rain water entering through open joints in concrete roof deck of
west area of gallery; joints require repair and sealing.
(d) Water ponding on floor due to lack of positive slope and drainage.
(e) Roof trusses on the west end of the gallery are badly corroded and are
exhibiting loss of material; requires replacement.
(f) Rain and surface runoff enters east entrance stairway of gallery resulting in
wet steps and slip hazard; door and enclosure required.
(g) No ventilation in filter gallery exacerbates high moisture levels and corrosion
of metal components; mechanical ventilation system needed.
(h) Leak in joint of west wall of treatment plant requires sealing
b. Exhibit A, Part 1 "Basic Services," Section A1.02 "Final Design Phase" of the
Agreement is hereby amended to read as follows:
PART 1 -- BASIC SERVICES (Modified)
A1.02 Final Design Phase
A. Upon written authorization from OWNER, ENGINEER shall:
1. Provide technical criteria, written descriptions, and design data for
OWNER's use in filing applications for permits from or approvals of
governmental authorities having jurisdiction to review or approve the
final design of the Project and assist OWNER in consultations with
appropriate authorities.
2. (Modified) Prepare final Drawings indicating the scope, extent, and
character of the Work to be performed and furnished by Contractor,
which incorporates all applicable design criteria and OWNER and City
of Baytown standards. Specifications will be prepared, where
appropriate, in conformance with the 16 -division, modified three-part
format of the Construction Specifications Institute or other format
agreed to in writing by OWNER and in accordance with the AACE
guidelines for a Class 2 estimate.
3. Advise OWNER of any adjustments to the opinion of probable
Construction Cost and any adjustments to Total Project Costs known to
ENGINEER.
4. (Modified) Attend meetings with, participate in conference calls with
and prepare presentations for OWNER and other applicable agencies,
utility owners, pipelines, railroads, and other affected stakeholders to
First Amendment. Page 3
review design details, to discuss and finalize design issues, and to
coordinate the Project.
5. Perform the following additional Design Phase Services:
a. Geotechnical and Structural Testing Engineering. A geotechnical
investigation will be conducted by KIT's subconsultant to
determine the subsurface conditions and construction requirements
for foundation design, groundwater control, and trench safety. A
total of 8 borings, 20 -foot deep, are anticipated for the liner
replacement. Two additional 20 -ft borings are anticipated, one
each, for the LAS and Lime Slurry chemical systems. This
subconsultant to KIT will also provide necessary structural testing
of concrete walls and floor of gallery, as necessary to develop
design or repairs. The deliverable for this task will be a
geotechnical and structural testing report signed and sealed by a
Geotechnical Engineer registered in the State of Texas.
b. Professional Surveying. A topographic site survey will be
conducted by KIT's subconsultant to determine the site elevations
for the forebay and new chemical facilities. The deliverable for this
task will be a Survey Control Drawing signed and sealed by a
surveyor registered in the State of Texas.
c. Electrical Engineering. An electrical engineer will provide design
services for electrical and instrumentation and control elements of
the identified improvements.
6. Furnish three (3) half size (11"xIT) review copies and one electronic
copy in a format approved by the OWNER of the 60% submittal to
OWNER within one hundred eighty (180) calendar days of
authorization to begin final design services and review the report with
the OWNER. The 60% submittal shall include the submittal of the plan
and profile sheets along with the quantity take offs and an opinion of
probable construction cost for the Project.
7. Revise the 60% submittal in response to OWNER's and other parties'
comments, as appropriate, and incorporate such revisions in the 90%
Bidding Documents.
8. Furnish three (3) half size (11"x17") review copies and one electronic
copy in a format approved by the OWNER of the 90% submittal,
including Bidding Documents, design drawings, technical
specifications, along with a revised opinion of probable Construction
Cost to OWNER within two hundred (240) calendar days of
authorization to begin final design services and review it with OWNER.
9. Revise the 90% submittal in response to OWNER's and other parties'
comments, as appropriate, and incorporate such revisions in the 100%
Bidding Documents.
First Amendment. Page 4
10. Furnish three (3) review copies and one electronic copy in a format
approved by the OWNER of the 100% Bidding Documents, including
design drawings, and technical specifications for review and approval
by OWNER, its legal counsel, and other advisors, as appropriate, review
it with OWNER, and assist OWNER in the preparation of other related
documents.
11. Revise the 100% Bidding Documents in response to OWNER's and
other parties' comments, as appropriate, and submit 15 final sets of Bid
Documents in pdf format on compact disks and an updated opinion of
probable Construction Cost to OWNER within two hundred seventy
(270) calendar days after authorization to proceed with this phase.
12. (Added) Prepare additional line items in the Bid Tabulations, assuming
the project documentation, including plans and specifications, were
originally prepared to reflect these items, as reasonably requested by
OWNER, so long as this/these request(s) is made prior to the
submission of the final Bidding Documents.
B. In the event that the Work designed or specified by ENGINEER is to be
performed or furnished under more than one prime contract, or if
ENGINEER's services are to be separately sequenced with the work of one
or more prime Contractors (such as in the case of fast -tracking), OWNER
and ENGINEER shall, prior to commencement of the Final Design Phase,
develop a schedule for performance of ENGINEER's services during the
Final Design, Bidding or Negotiating, Construction, and Post -Construction
Phases in order to sequence and coordinate properly such services as are
applicable to the work under such separate prime contracts. This schedule
is to be prepared and included in or become an amendment to Exhibit A
whether or not the work under such contracts is to proceed concurrently.
C. (Modified) ENGINEER's services under the Final Design Phase will be
considered complete on the date when the submittals required by paragraph
A1.02.A.I I have been delivered to and accepted by OWNER.
c. Exhibit A, Part 1 "Basic Services," Section A1.03 "Bidding or Negotiating Phase" of
the Agreement is hereby amended to read as follows:
PART 1 — BASIC SERVICES (Modified)
A1.03 Bidding or Negotiating Phase
A. After acceptance by OWNER of the Bidding Documents and the most
recent opinion of probable Construction Cost as determined in the Final
Design Phase, and upon written authorization by OWNER to proceed,
ENGINEER shall:
1. Assist OWNER in advertising for and obtaining bids for the Work.
First Amendment Page 5
2. Answer questions and issue Addenda as appropriate to clarify, correct,
or change the Bidding Documents.
3. Consult with OWNER as to the acceptability of subcontractors,
suppliers, and other individuals and entities proposed by Contractor for
those portions of the Work as to which such acceptability is required by
the Bidding Documents.
4. Perform or provide the following additional Bidding or Negotiating
Phase tasks or deliverables:
a. Recommend award to the OWNER.
b. Attend the Council meeting for award of the contract for the
Project.
5. (Modified) Attend the Mandatory Pre -Bid Conference and the Bid
opening, prepare Bid tabulation sheets, assemble contract documents,
assist OWNER in both evaluating Bids or proposals and awarding
contracts for the Work.
6. (Added) Assist in connection with Bid protests, rebidding, or re-
negotiating contracts for construction, materials, equipment, or
services.
B. (Modified) The Bidding or Negotiating Phase will be considered complete
upon commencement of the Construction Phase.
d. Exhibit A, Part 1 "Basic Services," Section A1.04 "Construction Phase" of the
Agreement is hereby amended to 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:
1. General Administration of Construction Contract. Consult with
OWNER and act as OWNER's representative as provided in the
General Conditions. The extent and limitations of the duties,
responsibilities and authority of ENGINEER as assigned in said General
Conditions shall not be modified, except as ENGINEER may otherwise
agree in writing. All of OWNER's instructions to Contractor will be
issued through ENGINEER, who shall have authority to act on behalf of
OWNER in dealings with Contractor to the extent provided in this
Agreement and said General Conditions except as otherwise provided in
writing.
First Amendment Page 6
2. (Modified) Construction and Materials Testing. Engage a contractor to
provide construction material testing, including concrete inspections,
concrete test cylinders, reinforcing steel inspection and provide an
engineering and report review as necessary for the Project. ENGINEER
shall provide two sets of blue prints (civils and structurals) and one copy
of the specification book to ENGINEER's construction and material
testing subconsultant.
3. Pre -Construction Conference. Coordinate and prepare the pre -
construction conference agenda and other required documentation.
Participate in a Pre -Construction Conference prior to commencement of
Work at the Site. Prepare and distribute meeting minutes.
4. Baselines and Benchmarks. As appropriate, establish control and
temporary benchmarks for locating the Work which in ENGINEER's
judgment are necessary to enable Contractor to proceed.
5. Visits to Site and Observation of Construction. In connection with
observations of Contractor's work in progress while it is in progress:
a. (Modified) Make visits to the Site at intervals appropriate to the
various stages of construction, appropriate to verify Contractor's
payment requests, and as ENGINEER and/or OWNER deems
necessary, in order to observe as an experienced and qualified
design professional the progress and quality of the Work. Such
visits and observations by ENGINEER, and the Resident Project
Representative, if any, are not intended to be exhaustive or to extend
to every aspect of Contractor's work in progress or to involve
detailed inspections of Contractor's work in progress beyond the
responsibilities specifically assigned to ENGINEER in this
Agreement and the Contract Documents, but rather are to be limited
to spot checking, selective sampling, and similar methods of general
observation of the Work based on ENGINEER's exercise of
professional judgment as assisted by the Resident Project
Representative, if any. Based on information obtained during such
visits and such observations, ENGINEER will determine if
Contractors work is proceeding in accordance with the Contract
Documents, and ENGINEER shall keep OWNER informed of the
progress of the Work.
b. (Modified) The purpose of ENGINEER's visits to, and
representation by the Resident Project Representative, if any, at the
Site, will be to enable ENGINEER to better carry out the duties and
responsibilities assigned to and undertaken by ENGINEER during
the Construction Phase, and, in addition, by the exercise of
ENGINEER's efforts as an experienced and qualified design
professional, to provide for OWNER a greater degree of confidence
that the completed Work will substantially conform to the Contract
Documents and that the integrity of the design concept of the
completed Project as a functioning whole as indicated in the
First Amendment Page 7
Contract Documents has been implemented and preserved by
Contractor. ENGINEER shall not, during such visits or as a result
of such observations of Contractor's work in progress, supervise,
direct, or have control over Contractor's work, nor shall
ENGINEER have authority over or responsibility for the means,
methods, techniques, sequences, or procedures of construction
selected by Contractor, for safety precautions and programs incident
to Contractor's work, or for any failure of Contractor to comply with
Laws and Regulations applicable to Contractor's furnishing and
performing the Work. Accordingly, ENGINEER neither guarantees
the performance of any Contractor nor assumes responsibility for
any Contractor's failure to furnish and perform its work in
accordance with the Contract Documents.
6. (Modified) Defective Work. Recommend to OWNER that Contractor's
work be disapproved and rejected while it is in progress if, on the basis
of such observations, ENGINEER believes that such work will not
produce a completed Project that substantially conforms to the Contract
Documents or that it will prejudice the integrity of the design concept of
the completed Project as a functioning whole as indicated in the
Contract Documents.
7. Clarifications and Interpretations; Field Orders. Issue necessary
clarifications and interpretations of the Contract Documents as
appropriate to the orderly completion of Contractor's work. Such
clarifications and interpretations will be consistent with the intent of and
reasonably inferable from the Contract Documents. ENGINEER may
issue Field Orders authorizing minor variations from the requirements
of the Contract Documents.
8. Change Orders and Work Change Directives. Recommend Change
Orders and Work Change Directives to OWNER, as appropriate, and
prepare Change Orders and Work Change Directives as required.
9. Shop Drawings and Samples. Review and approve or take other
appropriate action in respect to Shop Drawings and Samples and other
data which Contractor is required to submit, but only for conformance
with the information given in the Contract Documents and compatibility
with the design concept of the completed Project as a functioning whole
as indicated in the Contract Documents. Such reviews and approvals or
other action will not extend to means, methods, techniques, sequences
or procedures of construction or to safety precautions and programs
incident thereto. ENGINEER has an obligation to meet any
Contractor's submittal schedule that has earlier been acceptable to
ENGINEER.
10. Substitutes and "or -equal. " Evaluate and determine the acceptability of
substitute or "or -equal" materials and equipment proposed by
Contractor, but subject to the provisions of paragraph A2.01 of this
Exhibit A.
First Amendment Page 8
11. Inspections and Tests. Require such special inspections or tests of
Contractor's work as deemed reasonably necessary, and receive and
review all certificates of inspections, tests, and approvals required by
Laws and Regulations or the Contract Documents. ENGINEER's
review of such certificates will be for the purpose of determining that
the results certified indicate compliance with the Contract Documents
and will not constitute an independent evaluation that the content or
procedures of such inspections, tests, or approvals comply with the
requirements of the Contract Documents. ENGINEER shall be entitled
to rely on the results of such tests.
13. (Modified) Disagreements between OWNER and Contractor. Render
formal written decisions on all claims of OWNER and Contractor
relating to the acceptability of Contractor's work or the interpretation of
the requirements of the Contract Documents pertaining to the execution
and progress of Contractor's work. In rendering such decisions,
ENGINEER shall be fair and not show partiality to OWNER or
Contractor.
14. Applications for Payment. Based on ENGINEER's observations as an
experienced and qualified design professional and on review of
Applications for Payment and accompanying supporting documentation:
a. Determine the amounts that ENGINEER recommends Contractor be
paid. Such recommendations of payment will be in writing and will
constitute ENGINEER's representation to OWNER, based on such
observations and review, that, to the best of ENGINEER's
knowledge, information and belief, Contractor's work has
progressed to the point indicated, the quality of such work is
substantially in accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole prior to or upon
Substantial Completion, to the results of any subsequent tests called
for in the Contract Documents and to any other qualifications stated
in the recommendation), and the conditions precedent to
Contractor's being entitled to such payment appear to have been
fulfilled in so far as it is ENGINEER's responsibility to observe
Contractor's work. In the case of unit price work, ENGINEER's
recommendations of payment will include final determinations of
quantities and classifications of Contractor's work (subject to any
subsequent adjustments allowed by the Contract Documents). The
responsibilities of ENGINEER contained in paragraph A1.04.A.5.a
are expressly subject to the limitations set forth in paragraph
A1.04.A.5.b and other express or general limitations in this
Agreement and elsewhere.
b. By recommending any payment, ENGINEER shall not thereby be
deemed to have represented that observations made by ENGINEER
to check the quality or quantity of Contractor's work as it is
performed and furnished have been exhaustive, extended to every
First Amendment. Page 9
aspect of Contractor's work in progress, or involved detailed
inspections of the Work beyond the responsibilities specifically
assigned to ENGINEER in this Agreement and the Contract
Documents. Neither ENGINEER's review of Contractor's work for
the purposes of recommending payments nor ENGINEER's
recommendation of any payment including final payment will
impose on ENGINEER responsibility to supervise, direct, or control
Contractor's work in progress or for the means, methods,
techniques, sequences, or procedures of construction or safety
precautions or programs incident thereto, or Contractor's
compliance with Laws and Regulations applicable to Contractor's
fiunishing and performing the Work. It will also not impose
responsibility on ENGINEER to make any examination to ascertain
how or for what purposes Contractor has used the moneys paid on
account of the Contract Price, or to determine that title to any
portion of the work in progress, materials, or equipment has passed
to OWNER free and clear of any liens, claims, security interests, or
encumbrances, or that there may not be other matters at issue
between OWNER and Contractor that might affect the amount that
should be paid.
15. Contractor's Completion Documents.
a. (Modified) Receive and review maintenance and operating
instructions, schedules, and guarantees as prepared by the
Contractor in accordance with the Contract Documents.
ENGINEER will compile this information as provided by
Contractor, and deliver three (3) copies of the same to OWNER.
b. (Modified) Receive bonds, certificates, or other evidence of
insurance not previously submitted and required by the Contract
Documents, certificates of inspection, tests and approvals, Shop
Drawings, Samples and other data approved as provided under
paragraph A1.04.A.9, and the annotated record documents which
are to be assembled by Contractor in accordance with the Contract
Documents to obtain final payment. The extent of such
ENGINEER's review will be limited as provided in paragraph
A1.04.A.9.
c. ENGINEER shall transmit these documents to OWNER within
thirty (30) days of receipt of documents from Contractor.
d. (Added) Preparing and furnishing to OWNER Record
Drawings electronically in a format approved by the OWNER and
on mylar showing appropriate record information based on Project
annotated record documents received from Contractor.
16. Substantial Completion. Promptly after notice from Contractor that
Contractor considers the entire Work ready for its intended use, in
First Amendment, Page 10
company with OWNER and Contractor, conduct an inspection to
determine if the Work is Substantially Complete. If after considering
any objections of OWNER, ENGINEER considers the Work
Substantially Complete, ENGINEER shall deliver a certificate of
Substantial Completion to OWNER and Contractor.
17. (Modified) Final Notice of Acceptability of the Work. Conduct a final
inspection to determine if the completed Work of Contractor is
acceptable so that ENGINEER may recommend, in writing, final
payment to Contractor. Accompanying the recommendation for final
payment, ENGINEER shall also provide a notice in the form attached
hereto as Exhibit E (the "Notice of Acceptability of Work') that to the
best of ENGINEER's knowledge, information and belief and upon the
exercise of ENGINEER'S due diligence, the Work is acceptable and is
in compliance with the Contract Documents.
B. Duration of Construction Phase. The Construction Phase will commence
with the execution of the first Construction Agreement for the Project or
any part thereof and will terminate upon final payment to Contractors. If
the Project involves more than one prime contract as indicated in paragraph
A 1.02.C, Construction Phase services may be rendered at different times in
respect to the separate contracts.
C. Limitation of Responsibilities. ENGINEER shall not be responsible for the
acts or omissions of any Contractor, or of any of its subcontractors,
suppliers, or of any other individual or entity performing or famishing any
of the Work. ENGINEER shall not be responsible for failure of any
Contractor to perform or finnish the Work in accordance with the Contract
Documents.
e. Subsection A.1 of Section C4.01 "For Basic Services Having A Determined Scope"
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 Determined Scope —Not to Exceed
A. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit A
as follows:
1. (Modified) An amount not to exceed $482.735 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 phase in the following amount::
a. Preliminary Design Phase ......................................................$106,945
b. Final Design Phase.................................................................$314,520
c. Bidding or Negotiating Phase ............................................... $ 9,360
d. Construction Phase.................................................................$ 51,910
First Amendment Page I 1
f. Subsection A.1 of Section C4.05 "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 (1.10). 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 without prior written consent of the OWNER.
1. Geotechnical and Structural Testing Engineering ......................$33,000
2. Professional Surveying...............................................................$16,500
3. Electrical Engineering.................................................................$46,000
3. Entire Agreement. 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. Intemretation. 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.
6. No Waiver. By this Fust 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 Fust 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 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
First Amendment Page 12
ATTEST:
LETICIA BRYSCH, Assistant Secretary
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., General Counsel
KIT PROFESSIONALS, INC.
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First Amendment, Page 13
Client#: 157279 KITPROFE
ACORD. CERTIFICAM OF LABILITY INSURANCEDATE(SiMIOD1YYYY)
11=018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
H SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER I o .CT
Cindy Smithson/Michelle Weweh
USI Southwest HOINC,N moi, 713 490.4740 A) R, ; 713.490 70_0
9811 Katy Freeway, Suite 500 � EMAIL smithsoR
Houston, TX 77024 cin A0° dy. usi.com @ -
INSURER(S) AFFORDING COVERAGE MAIC 0
713490-400 INSURER A: x ruse fibre• I— C -*-r 36253
DWREG UnUnR 13: wd�d �^� a 30104
KIT Professionals, Inc. INSURER C • Ad -ft epadar las—ea,rparry 27154
2000 W Sam Houston Pkwy S, Suite 1400
Houston, TX 77042 INSURER D:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTRTYPE OF INSURANCE 1A LL y yp POL1C1/ NUYSER
�_-
POLIO EFF POLICY E]� ' LJYR'S
(_MWD�YTTT) CrWIDO/YYTYJ ,
A X cOMMERCIALGENERALLIABILTrn 61SBAPA9174MOB/2017'04108/201
8 EACH OCCURRENCE 51,000.000
CuuMSMADE X OCCURPREMISES�aE
o"oamenceL s300 000
MED EXP one person) S10,000
PERSONAL d ADV INJURY 4 1,000,000 _
GEHL AGGREGATE LIMIT APPLIES PER;
GENERAL_ AGGREGATEPRO6 Ste -00,000_
POLICY X JECT LOC
PRODUCTS-COMPIOPAGO 1 s2t000,O00
_ OTHER,—
A AUTOYoaILELIABILITY 61SBAPA9174
W0812017 04/08/2018 �"'a j NGLEUMr �s1,000,000
SIA
T000
_ ANY AUTO
BODILY INJURY (Per pOWNersat) i3
LED
ONLY _ .. AUTOSU
BODILY INJURY (Peraaldard) ` S - --
XNONOWNEO
AUTOS ONLY X AUTOS ONLY
PROPERTY DAMAGE - -: s -
S
A X UMBRELLA LIM X OCCUR 61SBAPA9174
W0812017 04/08/2018 EACH OCCURRENCE $10,000,000
EXCESS LIAB CLAIMS -MADE
AGGREGATE S1 O 000 000
DED . X RETENTIONs10000
S
B WORKERS y uno61WECAE0401
LIABILITY
1/19/2018 0119/2019 X �R OTW
A LITE i PR
ANY PROPRIETOWPARTNERIEXECUTIVE YY I NN
OFFICERIMEMBER EXCLUDED? N N / A
E.L. EACH ACCIDENT S1,000,000
(Kyyseen4s�.rY In NH)
EL. DISEASE - EA EMPLOYEE, S1,000,000
er
DESCRIPnON OOF OPERATIONS below
E.L. DISEASE - POLICY UMR lS1 00,000
C Professional DPL656717
3120/2017 03/20/2018 $2,000,000 per claim
Liability
, $4,000,000 annl aggr.
DESCRWnON OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, AMIlonal Remaft Schedule, may be aftedod If mars speer Is requbad)
RE: AECOM Project #60341607, CWA LBITP Canal Segment 5.
The General Liability and Auto Liability policies Include an automatic Additional Insured endorsement that
provides Additional Insured status to the Certificate Holder, only when there is a written contract or
written agreement between the named Insured and the certificate holder that requires such status, and only
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
AECOM Technical Services, Inc.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Attn: Evelyn Aguries
ACCORDANCE WITH THE POLICY PROVISIONS.
5444 Westheimer Road
AUTHORIZED REPRESENTATIVE
Suite 200
Houston, TX 77056
®1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2018103) 1 01`2 The ACORD name and logo are registered marks of ACORD
#S223719111M22367302 JYCZP
f DESCRIPTIONS (Continued from Page 1) �
with regard to work performed on behalf of the named insured.
All policies provide a Blanket Waiver of Subrogation when required by written contract, except as
prohibited by law.
The General Liability and Auto Liability policies contain an endorsement with "Primary and
Noncontributory" wording with respects to the sole negligence of the named insured, when required by
written contract.
When required by written contract, the General Liability and Auto Liability policies include a blanket
endorsement providing that 30 days notice of cancellation for reasons other than non payment of premium and
10 days notice of cancellation for non payment of premium will be given to the Certificate Holder by the
Insurance Carrier.
SAGITTA 25.3 (2010103) 2 of 2
0S223719111M22367302
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of _
Complete Nos. 1 - 8 and 6 it there are interested parties.
Complete Nos. 1. 2. 3. 5. and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number.-
2018-306617
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
KIT Professionals. Inc.
Houston. TX United States
Date Filed:
1 26/2018
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 the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
BAWA Chemical Improvements
Professional engineering services
q
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
my name is-�� y w and my date of birth is
My address is /0 -7S7
(street) (city) (state) (zip code) (country)
I declare under penalty of pertt.ry that the foregoing is true and correct.
Executed n+ County State of _X ti on the day of r,• 20�
(month) (year.
s
Signat a au rite ger y jusiness entity
(Declarant)
„� N,v„ .rum .,y I cnun CIr1i6J l.Urrjrrn55jUri www.etmcs.state.mus Version V1.0.5523
City of Baytown
`r "" CHAPTER 2270 VERIFICATION
Pursuant to Section 2270.002 of the Texas Government Code, I, Trent Slovak the
undersigned representative of_KIT Professionals, Inc. (Company Name), do hereby
%erify 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-o%vrted subsidiary, parent company or affiliate of those entities or
business associations that exist to make a profit.
EXECUTED this the day of , 20z ,R
KI Professionals, Inc.
Company Name
I re
f i
Printed Name
Senior Vice President
Title
STATE OF TEXAS
COUNTY OF HARRIS
Before me, tQIL>W i1 /A—eJttlQC_5 , the undersign
t;d notary public, on this day personally
appeared 1` is1 theme �Q� \iLC.f--- HZ"iDt;)VF (Title) of
it:1T' xJ(- , (Company Name), known to me to be the person 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 2(APday ofjAkki I20
1
`I n 12In t -,,t Notary Publi J and for the Stat&o exas
My commission expires:
pial• MARILYN MACINNES
NOTARY PUBLIC
:+• +: IDN 5073831
State of Texas
,oF+' Comm, Exp. 08-10.2021