Ordinance No. 14,334ORDINANCE NO. 14,334
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH BASELINE CORPORATION FOR ADDITIONAL SERVICES
ASSOCIATED WITH THE BAYTOWN HOTEL AND CONVENTION CENTER
PROJECT; AUTHORIZING AN ADDITIONAL PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED FORTY-SIX THOUSAND TWO
HUNDRED AND NO 100 DOLLARS ($46,200.00); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to the First Amendment to the
Professional Services Agreement with Baseline Corporation for additional services associated with the
Baytown Hotel and Convention Center Project. A copy of said amendment is attached hereto as Exhibit
"A" and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes an additional payment to
Baseline Corporation in an amount not to exceed FORTY-SIX THOUSAND TWO HUNDRED AND
NOi 100 DOLLARS ($46,200.00) for professional services in accordance with the agreement and the
amendment authorized in Section 1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by FIFTY THOUSAND AND NO 100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent
(25° o).
Section 4: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED b I ote of the City ncil of the City of
Baytown this the 27th day of February, 2020.
BRANDON CAPETILLO, M yor
ATTES
te
LET IA BRYSCH, City C r co to
APPROVED AS TO FORM:
ti
'41� �� dot
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ACIO RAMIREZ, SR., City ey
R: Karen Files City Council Ordinances 2020 February 27 BaselineCorporationlstAmendment2Agreement.doc
Exhibit "A"
FIRST AMENDMENT
TO THE
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
BASELINE CORPORATION
STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment ("Amendment") to that certain "Professional Services Agreement'
between the City of Baytown and Baseline Corporation, dated the 51h day of December, 2019, is made by
and between the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, the City of Baytown (the "City") and Baseline Corporation ("Professional') did
enter into an Agreement for Professional Services, dated the 51h day of December 2019, ("Agreement') to
perform an ALTA/NSPS Survey (including shoreline boundary) and to prepare a minor plat of
Bayland Island at a cost not to exceed FORTY-EIGHT TliOUSAND AND NO/100 DOLLARS
($48,000.00); and
WHEREAS, the City now desires Professional to perform additional services due to the
complexities of the island and the transactions, including
➢ additional research and abstracting to address the Title Commitment Schedule B
exception items related to mineral rights,/leases;
➢ additional services for an ALTA/NSPS Land Title Survey for the proposed 7-acre Ilotel/
Convention Center Site;
➢ additional services including the preparation of a condominium plat for the Baytown
Hotel & Convention Center Master Condominium related exhibits to the condominium
declaration, and
➢ any additional easements, platting and surveying to be performed as requested by the City
on a task -by -task basis;
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 Amendment shall have the same meanings as in the Agreement.
First Amendment to the Agreement for Professional Services, Page 1
2. Amendments
a. Section 1 "Scope of Services/Professional Fees" of the Agreement is hereby amended to
read as follows:
1. Scope of Services/Professional Fees
This Agreement authorizes Professional (i) to perform and prepare an
ALTA/NSPS Survey, (ii) to prepare and coordinate the approval of a plat of
approximately 26 acres of land commonly known as Bayland Island, (iii)
research and abstracting services necessary to address the Title Commitment
Schedule B exception items related to mineral rights/leases; (iv) to preform and
prepare an ALTA/NSPS Land Title Survey for the proposed 7-acre Ilotel/
Convention Center Site, (v) to prepare a condominium plat for the Baytown
IIotel and Convention Center Master Condominium related exhibits to the
condominium declaration, and (vi) any additional easements, platting and
surveying to be performed as requested by the City on a task -by -task basis (the
"Work" or "Project"). The compensation for Professional shall be on the basis
described in Exhibit "A," with reimbursement of costs on the basis described in
Exhibit "B," for a total contract amount not to exceed NINETY-FOUR
TIOUSAND TWO HUNDRED AND NO/100 DOLLARS ($94,200.00). The
time schedules for the Work are attached as Exhibit "C." The scope of the work
is as denoted in Exhibit "D." Each of these Exhibits "A" through "D" is
incorporated into this Agreement by reference for all purposes
b. Exhibit "A" "Compensation," as incorporated into the Agreement, is hereby amended to
read as follows:
EXHIBIT A
Compensation
Basic Services
The City shall pay Professional for Basic Services as set forth in Exhibit D an
amount not to exceed FORTY-SIX THOUSAND FIVE HUNDRED AND
N0/100 DOLLARS ($46,500.00) on the basis as described below for each task
upon completion and acceptance by the City of the following:
Tasks 1 & 3 (Lump Sum)
ALTA/NSPS Survey (includes shoreline boundary) ...................$37,600.00
Task 2 (Lump Sum)
Platting (Minor Plat with City administrative approval) .............. $8,900.00
Task 4 (Not to Exceed)
Research and abstracting to address the Title Commitment
Schedule B exception items related to mineral rights/leases ........$9,400.00
First Amendment to the Agreement for Professional Services, Page 2
u
Task 5 (Lump Sum)
ALTA/NSPS Land Title Survey for the proposed 7-acre
Ilotel/Convention Center Site........................................................$6,800.00
Task 6 (Not to Exceed)
Condominium plat for the Baytown Hotel & Convention
Center Master Condominium related exhibits to the
condominium declaration, and any additional easements,
platting and surveying to be performed as requested by
the City on a task -by -task basis...................................................$30,000.00
Rate Schedule
Field Personnel
One (1) Member Survey Crew
Hour
$105.00
Two (2) Member Survey Crew
Hour
$155.00
Three (3) Member Survey Crew
Hour
$190.00
Office Personnel
Principal (PE and/or RPLS)
l four
$200.00
Sr. GIS Manager
flour
$190.00
Sr. Project Manager (RPLS)
flour
$175.00
Project Manager (RPLS)
flour
$150.00
Project Surveyor
Hour
$130.00
Sr. Survey Technician
f lour
$110.00
Survey Technician
f lour
$90.00
Administrative Assistant
flour
$75.00
Expert Consultant/Witness
Expert Witness and Testimony
flour
$250.00
Additional Services
Professional will perform additional services, if any, at a price agreed upon by the parties
in writing prior to the performance of such services. The City 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.
Exhibit "C" "Schedule of Work," as incorporated into the Agreement is hereby amended to
read as follows:
EXHIBIT C
Schedule of Work
Upon Professional's receipt of a notice to proceed from the City, Professional shall
begin work on the Project and shall complete each task within the following time
frame:
First Amendment to the Agreementfor Professional Services, Page 3
Task 1
ALTA/NSPS Survey (-26 acres)
(includes shoreline boundary) ..................................... 50 calendar days
Task 2
Platting
(Minor Plat with City administrative approval) ......... 70 calendar days
Task 3
Updated ALTA/NSPS Survey (-26 acres)
(Reflecting recorded plat) ........................................... 90 calendar days
Task 4
Research and abstracting to address the Title Commitment
Schedule B exception items ........................................ 20 calendar days
Task 5
ALTA/NSPS Land Title Survey (-7-acres)................ 20 calendar days
Task 6
Condominium plat and Additional Services .................... As Scheduled
d. Exhibit "D" "Scope of Work," Section A "Generally" as incorporated into the Agreement is
hereby amended to read as follows:
EXHIBIT D
Scope of Work
A. Generally:
In General:
The Professional shall perform and prepare an ALTA/NSPS Survey and
prepare and coordinate the approval of a plat of approximately 26 acres of
land commonly known as Bayland Island (the "Site"). The Site is located
south of State Highway 146, just east of the Fred Hartman Bridge in the
City of Baytown, Harris County, Texas. The survey and plat shall also
include a strip of land for access approximately 1,100 feet long leading
from the island to State I lighway 146 ("Access Road").
Task 1: ALTA/NSPS Land Title Survey
The Professional shall perform and prepare a boundary and
improvement survey of the Site and Access Road. The survey
shall be performed and prepared substantially in accordance with
the minimum standard detail requirements for 2016 ALTA/NSPS
Land Title Survey. The survey shall include items 1, 2, 3, 4, 6, 7a,
8, 9, 11, 13, 16, 17 and 18 of the Table "A" Optional Survey
First Amendment to the A eement for Professional Services, Page 4
Responsibilities and Specifications listed within the referenced
requirements. The boundaries of the Site are tidally influenced and
shall require a shoreline boundary survey using the proper tidal
datum. Professional shall:
a. Research
b. Establish the shoreline boundary which is approximately a
total of 5,000 linear feet in length
C. Set a minimum of six (6) upland reference points (5/8"
capped iron rods).
d. Show the shoreline boundary as the boundary of the
ALTA/NSPS survey.
e. Stake on the ground the width(s) boundary and limits of
the access easement as approved by the City; and
f. Submit three (3) copies and one electronic copy in pdf
format of the completed survey signed and sealed by a
Registered Professional Land Surveyor (RPLS) and a
Licensed State Land Surveyor (LSLS).
Task 2: Platting
The Site shall be platted as one (1) Lot or 1 Reserve. The Access
Road shall be platted as an access easement or as directed by the
City. The ALTA/NSPS survey shall be utilized as the basis to
prepare the plat. The survey and plat shall be horizontally based
on the North American Datum of 1983 (NAD 83) CORS
Adjustment (surface values), which is relative to all previous
surveys performed by Baseline on the Site. Professional shall:
a. Prepare a minor plat in accordance with the City's platting
requirements, which plat shall depict and dedicate
proposed easements within the boundaries of the plat;
b. Provide the plat to the Client for review;
C. After Client approval, submit the plat to the City's Director
of Planning and Development Services and coordinate
administrative approval of the plat.
d. Obtain tax certificates and signatures of record owner.
e. After approval of the minor plat by the Director of
Planning and Development Services, file the plat with the
I Iarris County Clerk's office.
Task 3: ALTA/NSPS Land Title Survey Update
Professional shall update the ALTA/NSPS survey to reflect the
recorded plat, if the survey is completed and submitted to the City
prior to the plat being recorded.
Task 4: Research and abstracting to address the Title Commitment
Schedule B exception items
First Amendment to the Agreement for Professional Services, Page 5
Professional shall perform additional deed research and
abstracting for documents of record within the chain of
title of the tracts of land comprising the Site. This effort is
required to address the Schedule B exception items within
the title commitment with effective date of December 3,
2019 provided by Winstead Attorneys.
Task 5: ALTA/NSPS Land Title Survey (-7-acres)
Professional shall perform and prepare a boundary and
improvement survey of a 7-acre portion of the Bayland
Island Site. The boundaries of the 7-acre tract shall be
configured identical to the boundaries within the CAD file
provided by email from BokaPowell on February 7, 2020.
The survey shall be performed and prepared substantially in
accordance with the minimum standard detail requirements
for 2016 ALTA/NSPS Land Title Survey. The survey shall
include items 1, 2, 3, 4, 6, 7a, 8, 9, 11, 13, 16, 17 and 18 of
the Table "A" Optional Survey Responsibilities and
Specifications listed within the referenced requirements.
The completed survey shall be signed and sealed by a
Texas Registered Professional Land Surveyor (RPLS).
Task 6: Condominium plat and Additional Services
Professional shall perform additional services associated with
easements, platting and general land surveying as requested and
directed by the Client.
The Professional's services will be considered complete on the date when
the City receives and accepts all deliverables referenced in Tasks 1
through 6.
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, Interpretation. 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 First Amendment, the Owner does not consent to litigation or suit, and the
Owner hereby expressly revokes any consent to litigation that it may have granted by the terms of
this First 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 the City's sovereign immunity.
First Amendment to the Agreement for Professional Services, Page 6
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 , 2020, the date of execution by the City
Manager.
CITY OF BAYTOWN
By:
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
F.A 9 9 C18ILTA 1OXAV. 11611077Ts
IGNACIO RAMIREZ, SR., City Attorney
BASELINE CORPORATION
By:
(Signature)
(Printed Name)
(Title)
STATE OF TEXAS
COUNTY OF HARRIS
Before me on this day personally appeared , in his capacity
as — of Baseline Corporation, on behalf of such corporation,
known to me;
proved to me on the oath of ; or
proved to me through his current
(description of identification card or other document issued by the federal government or
any state government that contains the photograph and signature of the acknowledging
person)
(check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this day of 2020.
Notary Public in and for the State of Texas
R .Karen Files\Engineertng Engineering Agreements Baseline CotporatioMBayland Island - Plat & Alta SurveffirstAmendment.doc
First Amendment to the Agreement for Professional Services, Page 7