BAWA Resolution No. 2019-14RESOLUTION NO. 2019-14
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA
WATER AUTHORITY AUTHORIZING THE FIRST AMENDMENT TO THE
PROFESSIONAL SERVICE AGREEMENT WITH TERRACON CONSULTANTS,
INC., FOR THE MATERIAL TESTING SERVICES FOR THE BAWA 6MGD
SURFACE WATER TREATMENT PLANT PROJECT, SUBJECT TO THE
APPROVAL BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS;
AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED EIGHTY-FIVE
THOUSAND SIX HUNDRED THIRTY-EIGHT AND NO.100 DOLLARS
($85,638.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER
AUTHORITY:
Section 1: That subject to the approval by the City Council of the City of Baytown, Texas,
the Board of Directors of the Baytown Area Water Authority hereby authorizes the First Amendment to
the Professional Service Agreement with Terracon Consultants, Inc., for the material testing services for
the BAWA 6MGD Surface Water Treatment Plant Project. A copy of the amendment is attached as
Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: That the Board of Directors of the Baytown Area Water Authority hereby
authorizes the payment of an amount not to exceed EIGHTY-FIVE THOUSAND SIX HUNDRED
THIRTY-EIGHT AND NO..' l00 DOLLARS ($85,638.00) to Terracon Consultants, Inc., consistent with
the First Amendment.
Section 3: That the General Manager is hereby granted general authority to approve any
change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO:100
DOLLARS ($50,000.00) or less, provided that the original contract price may not be increased by more
than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent
of the firm to such decrease.
Section 4: 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 91h day of May, 2019.
RENDA BRADLEY SMITH, President
A T:
L .TICIA BRYSCH, Assis ant Secretary
APPROVED AS TO FORM:
+'ACID RAMIREZ, SR., eral Counsel
R -Karen Files\BAWA Resolution120191May1Amendment2MatenalTestmgAgreementwuhTerracon.doc
Exhibit "A"
FIRST AMENDMENT
TO THE
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment ("First Amendment") to that certain "Agreement for Professional
Services" between the Baytown Area Water Authority and Terracon Consultants, Inc., January 30, 2018,
is made by and between the same parties on the date hereinafter last specified.
W[TNESSETH:
WHEREAS, the Baytown Area Water Authority ("BAWA") and Terracon Consultants, Inc.,
("Professional") did enter into an Agreement for Professional Services associated with construction
materials testing services for the BAWA 6 MGD Surface Water Treatment Plant Project, on January 30,
2018 ("Agreement"); and
WHEREAS, BAWA desires Professional to perform certain additional services specified in this
First Amendment; and
WHEREAS, the cost of the additional services shall not exceed EIGHTY-FIVE THOUSAND
SIX HUNDRED THIRTY-EIGHT AND NO/100 DOLLARS ($85,638.00); and
WHEREAS, Professional desires to perform the work specified herein in accordance with the
terms and conditions contained in this Amendment and the Agreement;
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 First Amendment shall have the same meanings as in the Agreement.
2. Amendment.
2.01 Section I "Scope of Services/Professional Fees" of the Agreement shall be amended to
read as follows:
1. Scope of Services/Professional Fees
This Agreement authorizes Professional to perform construction materials testing
services for the BAWA 6 MGD Surface Water Treatment Plant Project, located at 7444
FM 1405 Road, Baytown, Texas 77523 (the "Work") for and on behalf of BAWA. The
compensation for Professional shall be on the basis described in Exhibit "A" and shall not
exceed ONE HUNDRED NINETY-NINE THOUSAND EIGHT HUNDRED EIGHTY-
FIVE AND NO/100 DOLLARS ($199,885.00). The time schedules for the Work are
attached as Exhibit "B." The scope of the work is as detailed in Exhibit "C." Each of
these Exhibits "A" through "C" is incorporated into this Agreement by reference for all
purposes.
First Amendment to the Agreement for Professional Services, Page I
2.02 Exhibit A shall be amended to read as follows;
EXHIBIT A
COMPENSATION
Basic Services
Basic services required under this Agreement shall not exceed ONE HUNDRED
FOURTEEN THOUSAND TWO HUNDRED FORTY-SEVEN AND NO/100
DOLLARS ($1 14,247.00) based upon the fee schedule specified hereinbelow:
Ea r -- Site Fill & Utilitl
s
Field Representative, Regular Hours
330
Hour
$48.00
$15,840.00
Field Representative, Overtime Hours
30
Hour
$72.00
$2,160.00
Nuclear Density Gauge
45
Trip
$50.00
$2,250.00
Lime Determination
I
Each
$300.00
$300.00
Moisture Density Relationship
5
Each
$160.00
S800.00
Atterbcrg Limits
5
Each
$55.00
$ 275.00
Vehicle Charge
45
Trip
$50.00
$2,250.00
Subtotal
$23 875.00
Foundations - Drilled Piers
and S read Footin s
Field Representative, Regular Hours
120
1-lour
$48.00
$5,760.00
Concrete Compressive Strength
60
Each
$15.00
S900.00
Vehicle Charge
15
Each
$50.00
$750.00
Subtotal
$7 410.00
Cast -in -Place Concrete
Field Representative, Regular Hours
800
Hour
$48,00
$38,400.00
Concrete Compressive Strength
660
Each
$15.00
S9,900.00
Vehicle Charge
165
Each
$50.00
S8,250.00
Subtotal
S 56 550.00
Structural Steel
Certified Welding Inspector, Regular Hours
120
Flour
$95.00
$1 1,400.00
Ultrasonic Gauge
5
Days
S100.00
$500.00
Vehicle Charge
15
Each
$50.00
$750.00
Subtotal
$12 650.00
Masonry
Field Representative, Regular Hours
36
Hour
$48.00
$ 1728.00
Concrete Compressive Strength
36
Each
$25.00
$900,00
Vehicle Charge
36
Each
$35.00
$1,260.00
Vehicle Chara
15
Each
$60.00
$360.00
Subtotal
$4 248.00
Project Management
Project Manager 70
Hour
$125.00
$ 8,750.00
Administrative 15
Hour
$ 50.88
$ 764.00
Subtotal
$9,514.00
TOTAL NOT TO EXCEED
$ 114,247.00
Additional Services
Additional services required under this Agreement shall not exceed EIGHTY-
FIVE THOUSAND SIX HUNDRED THIRTY-EIGHT AND NOM 00 DOLLARS
($85,638.00) based upon the fee schedule specified hereinbelow:
First Amendment 1he Agreement for Professional Services, Page 2
_ „r[ yr I- - 3 [ 1
Field Representative, Regular Hours
1 IX UU11L1t
720
Hour
$48.00
$34 560.00
Nuclear Density Gauge
Trip
_
$50.00
60
$3 000.00
Lime Determination
I
Each
$300.00
$300.00
Moisture Density,Relationshi
3
Each
Each
$_ 160.00
$55.00
$SO.OQ
$480.00
Atterberlt Limits
3
$ 165.00
$3 500.00
Vehicle Charge
70
Tri
- -
Subtotal
$42 005.00
L-in-Placy oncrete-�----
_Field Representative, Regular Hours i 500
Hour,
$48.00w
$24,000.00
Concrete Compressive Strength _ 320
Each
$15,00
$4,800.00
Vehicle Cltarge 50
Each
$50.00
$2 500.00
------
Subtotal
$ 31,300.00
Simctural. Stool
Certified Welding Inspector, Regular Hours 60
Hour
$95.00
$S 700.00
Vehicle Charge 10
Each
$50.00
$500.00
Subtotal
$6.200.00
Field Representative, Regular flours 18
Hour
$48.00
$864.D0
Concrete Compressive Strength _ 18
Each
$25.00
$450.00
_
Vehicle Charge T� _ 18
Each
$35.00 ,
S630.00
VehicleChar&e 3
Each
$60.00
$180.00
-
Subtotal
$2124.00
Pro a Ma emen
_--. _
Project Manager 28
Hour
$125.00
S 3,500.00
_
Administrative , _ 10
Hour
$ 50.88
$ 509.00
- -
Subtotal
$4 009.00 ..
_
[ TOTAL IVOT TO EXCEED
S85,038.00 f
Professional will perform further additional services, if
any, at a
price agreed upon by the
parties in writing; prior to the performance of Such
services. BA WA
shall not be
responsible or liable for any additional services performed by the Professional unless
such additional services have been approved in writing prior to the performance of the
same.
2.03 Exhibit C, Section B "Scope of Services" shall be amended to read as follows:
EXHIBIT C
SCOPE OF WORK
B. SCOPE OF SERVICES
Basic Services:
Professional shall provide the following scope of services on a call -out basis, as
scheduled by a representative designated by the BAWA:
I . Earthwork Testing:
a. Sample subgrade, backfili, select fill and treated materials.
b. Prepare and test the samples for the Atterberg Limits Test and moisture
density relationship.
C. Obtain samples of the paving subgrade for lime determination.
h rg Aracadment to the Agreement for Professional Services- Page 3
d. Perform field gradations tests on the lime -treated subgrade.
e. Observe proofrolling of pavement subgrade and perform field density tests
using the nuclear method to determine the moisture content and percent
compaction of the soils.
2. Foundation System — Drilled and Under -reamed Footings
a. Observe the installation of the drilled and under -reamed footing foundation. For
each pier observed, information regarding shaft depth, auger diameter, and
chained belling tool diameter will be documented.
b. Record dimensions and the number, size, and length of vertical reinforcing
bars used for footings.
C. Obtain pocket penetrometer readings on soil cuttings removed during
excavation at or near the bearing stratum in order to document the
approximate shear strength of the soil.
d. Sample the fresh concrete placed in footings and perform required tests,
including slump, air content, concrete temperature, and cast test specimens
during placements.
3. Foundation System — Spread Footings
a. Observe the installation of shallow footings. Record dimensions and the
number, size and length of reinforcing bars used in footings.
b. Obtain pocket penetrometer readings on soil cuttings removed during
excavation at or near the bearing stratum in order to document the
approximate shear strength of the soil.
c. Sample the fresh concrete, perform slump, air content, concrete
temperature, and cast test specimens during placements.
d. Perform compressive tests of concrete test cylinders cast in the field .
4. Concrete —Structural
a. Sample the fresh concrete for slab -on -grade and grade beams and perform
required tests, including slump, air content, concrete temperature, and cast
test specimens during placements.
b. Perform compressive tests of concrete test cylinders cast in the field.
C. Observe reinforcing steel prior to concrete placement. We will observe the
rebar size, spacing and configuration.
5. Concrete -- Paving
a. Sample the fresh concrete for concrete pavements and perform required
tests, including slump, air content, concrete temperature, and cast test
specimens during placements.
b. Perform compressive tests of concrete test cylinders cast in the field.
C. Observe reinforcing steel prior to concrete placement. We will observe the
rebar size, spacing and configuration.
d. Masonry
a. Mortar: Obtain mortar samples and perform mortar cubes compression
tests .
b. Grout: Obtain grout samples and perform grout prism compression tests.
7. Structural Steel
a. Provide a certified welding inspector (CWI) at the job site to observe field
welding procedures and visually check bolted/welded connections in
First Amsndmenj IQ the Agreement -for Professional Services, Page 4
accordance with applicable AISC and AWS specifications and Contract
Documents. The approved Shop Drawings will be required for this
inspection.
Project Management:
a. Attend meetings as requested by BAWA.
b. Coordinate field and laboratory testing.
C. Review concrete mixes if requested by BAWA.
d. Communicate with Professional's field technicians, BAWA's contractor
and BAWA's site representative.
e. Review laboratory and field test reports.
f. Control the budget and invoice.
Additional Services:
Professional shall provide the following scope of services on a call -out basis, as
scheduled by a representative designated by the BAWA:
I. Earthwork
a. Sample subgrade, backfilI, and treated materials.
b. Prepare and test the samples for Atterberg Limits and moisture density
relationship.
C. Obtain samples of the paving subgrade for lime determination.
d. Perform field gradation tests on the lime treated subgrade.
e. Observe proofrolling of pavement subgrade and perform field density
tests using the nuclear method.
2. Concrete - Structural
a. Sample the fresh concrete for slab -on -grade and grade beams.
b. Perform required tests, including slump, air content, concrete temperature,
and cast test specimens during placements.
C. Perform compressive tests of concrete test cylinders cast in the field.
3. Concrete - Paving
a. Sample the fresh concrete for concrete pavements and perform required
tests, including slump, air content, concrete temperature, and cast test
specimens during placements.
b. Perform compressive tests of concrete test cylinders cast in the field.
C. Observe reinforcing steel prior to concrete placement.
d. Observe the rebar size, spacing and configuration.
4. Masonry
a. Obtain mortar samples and perform mortar cubes compression tests.
b. Obtain grout samples and perform grout prism compression tests.
5. Structural Steel
a. Provide a certified welding inspector (CWI) at the job site to observe
field welding procedures and visually check bolted/welded connections
First Amendment to the Agreement for Professional Services, Page 5
in accordance with applicable AISC and AWS specifications and
Contract Documents. The approved Shop Drawings will be required for
this inspection.
b. Project Management
a. Coordinate field and laboratory testing.
b. Communicate with Terracon Engineering Technicians, Contractors, and
Owner's site representative.
C. Review laboratory and field test reports.
d. Control budget and invoice.
BAWA shall not be responsible or liable for any other additional services performed by the
Professional unless such additional services have been approved in writing prior to the
performance of the same.
Entire AgrgtMent. The provisions of this First Amendment and the provisions of 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. Nothing contained in this First
Amendment 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 , 2019, the date of execution by the General
Manager.
BAYTOWN AREA WATER AUTHORITY
By:
ATTEST:
LETICIA BRYSCH, Assistant Secretary
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., General Counsel
RICHARD L. DAVIS, General Manager
First Amendment to the Agreement for Professional Services, Page 6
KIMBERLY DAWN GREENIG
Notary 11) t11295b0367
My Ccmmission Expires
t' SrptemBer 16, 2021
ATTEST:
Secretary
TERRACON CONSULTANTS, INC.
By:
(Signature)
(Printed Name) d'
Werg
(T ltle)
R.%Karen Fil�tifngincennglFngmcenng Agreemenlsll'crrarortltiAWA fast Material'resimol'irsl Amendment doe
First Amendment to the Agreement for, Professional Services, Page 7
to City of Baytown
BMTOWNW_�,,,,„
CHAPTER 2270 VERIFICATION
Pursuant to Section 2270.002 of the Texas Government Code, 1, t5� 7r �r the
undersigned representative of �G'r 1� Alt(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:
I . "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 �day of �% J 20
�.'""''ti KIMBEREYDAWN GREENIG
Notary ID 9129560367
My Commission Expires
�`+Z n*' 5eptemtter 16, 2021
STATE OF TEXAS
COUNTY OF HARRIS
Company Name
Signature v
Printed Name �y}
Title
Before me,DL"Ve1 _, the undersigned notary public, on this day personally
appeared , �,AA - the /fit a A _ (Title) of
►rr.�; _... (Company Name), known to me to be he 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
My commission expires: p"�.� 1
s
day of ...4i . , 20ff
t rLMALM
Rotary PEtbli and for the State of Tee
CERTIFICATE OF INTERESTED PARTIES
Complete Nos i - 4 and 6 it there are interested parties
Complete Nos 1, 2, 3, S. and 64 there are no interested parties,
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business,
Terracon Consultants, Inc.
League City, TX United States
or
being filed.
City of Baytown
a narty to
FORM 1295
loll
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2019-482066
Date Filed:
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.
91171153
Materials Testing Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Cobb, Harold
Houston, TX United States
X
Anderson, Tim
Tempe. AZ United States
X
Covert, Mike
Olathe, KS United States
X
Packer, Gayle
O'Grady, Mike
Olathe. KS United States
Olathe, KS United States
X
X
Pavlicek, Robert
Raleigh, NC United States
X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is A10O Aft--�-
- _ and my date of birth Is
My address is J LQQ 'o
--
3�573 U
treet)��--
(crly)
(stale)
(zip code) (gauntry)
I declare under penalty of perjury that the foregoing is true and correct
Executed in County, State of �on the �da of , 24
(month) (year;
Signature of aut zed ag ontracting business entity
(Declarant
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version