Ordinance No. 11,537ORDINANCE NO. 11,537
A )
N ORDINANC F T ( FT[ It" CITY COUNCIL, OFTHE CITY OF BAYTOWN, -11"XAS,
AUTHORIZING AND DIRECTING HIE CITY MANAGEIR TO F"XI-10,171" AND
THE CITY CLERK TO AT1 -1`,ST TO 1111 FIRST ANIE"NI)NIENT TO TIIF
[I ROFESS IONA L, S11"IRVICE'S AGREEMEN"I' WITH N101'�*FAT1" & NICHOL FOR
ADDITIONAL BATHYNIF"TRIC SURVEYING FOR THE BAYLAND MARINA
RECONSTRUCTION ICI OJEC"I'; AL)THORIZING ADDITIONAL PAYME.NT 13Y
THE CITY OF BAYTOWN IN AN ANIOUNT NOT TO EX('EE,I)'I'WEN'I'Y-'I'IIRI"�"E
THOUSAND FIVE HUNDREID ANL) NO/100 DOLLARS ($23,500.00)-, MAKING
OTHER PROVISIONS RELATE'�'D Tiff'Ri".'TO; AND PROVIDING FOR THE
E�TFUICTIVFI DATI.".THERF10F.
1311 ITORDAINE.D 01:` "I CITY OFBAYTOWN, TEXAS:
Section 1: That the City Council of the City ol"Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the ("it), Clerk to attest to the First Amendment to the
Professional Services Agreement with Moffatt &, Nichoi for additional bathymetric surveying for the
Bayland Marina Reconstruction ProJect, A copy ofthe amendment is attached hereto as [-'Xhibit "A" arld
incorporated herein for all intents and purposes.
Section 2: That the City Council of the City ofBaylown authorizes payment to Moffatt &
Nichol in all atnount not to exceed 11 l-WE1,NTY-TI I RFJ THOU SAND I"IVE HUNDRED AND NO/100
DOLLARS ($23,500.00) for additional bathynictric surveying set-vices in accordance with the
amennd ment an thori zed in Section I hereinabove.
Section 3: -hat the City Manager is hereby granted general authority toapprove a decrease
g
or art increase in costs by "I'WE' NTY-Fl VE TI IOU, SAND AND N0/100 DOLLARS ($25,000,00) or less,
provided (flat the amount authorized in Section 2 hereof" may not be increased by more than twen"-five
percent (25'�,o),
�f tire City Council of' tile City of'
Baytown, this the I( A
Pf IE`N 11. DONCARLOS, Mayor
AT`
I
11, City Cier
PROVE'D AS °I Ft:)RN/I:
ACID RAMIRFIZ, SR., City, A)Iorney
R KmeTITOQ�' 0 I I "Jallw7ry 13',hw A moidnicnIN110 I Lil&Nichol dot
Exhibit "A"
FIRST AMENDMENT
TO THE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment ("First Amendment") to the Standard Form of Agreement between the
City of Baytown and Moffatt&Nichol,dated June 24,2010,is made by and between the same parties on
the date hereinafter last specified to incorporate the dredging of the Goose Creek Boat Channel to the boat
ramp into the Repair and Refurbishment of Bayland Marina Project(the"Project").
W 1TNBSSETH;
WHEREAS, the City of Baytown(OWNER") and Moffatt& Nichol ("CONSULTANT") did
enter into a Professional Services Agreement,dated June 24,2010,in an amount not to exceed THREE
HUNDRED THIRTY-SIX THOUSAND SEVEN HUNDRED SEVENTY-FIVE AND NO/100
DOLLARS($336,775.00)("Agreement");and
WHEREAS,OWNER and CONSULTANT desire to amend the Agreement for CONSULTANT
to provide field collection,permitting,and final design services to incorporate the dredging of the Goose
Creek Boat Channel to the boat ramp into the Project;
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 CONSULTANT is hereby amended to
incorporate the dredging of the Goose Creek Boat Channel to the boat ramp into the Project.
b. Section A2.01"Additional Services Requiring OWNER's Authorization in Advance,"of Part
2 of Exhibit"A" CONSULTANT's Services"is hereby amended to add the following Tasks:
PART 2—ADDITIONAL SERVICES
A2.01 Additional Services Requiring OWNER's Authorization in Advance
A. CONSULTANT shall perform the following tasks associated with the dredging
of the Goose Creek Boat Channel to the Boat Ramp:
Task 1: Field Data Collection
I. Bathymetric Survey
a. Approach: Field data collection will consist of bathymetric and
side-scan surveys and environmental sampling.
First Amendment,
d 6 Page I
b. Scope of Work: CONSULTANT shall employ Hydrographic
Consultants, Ltd., to perform bathymetric survey of the access
channel from the marina to the boat ramp at 100-foot transects and
extending approximately 50 feet on either side of the channel
centerline.Horizontal control will be based on sub-meter Differential
OPS, Texas South Central projection, North American Datum of
1983(NAD83)in US Survey Feet.Vertical control will be based on
Mean Lower Low Water (MLLW) per NOAA gauge located at
Morgan's Point,Texas.
c. Deliverables: CONSULTANT shall provide the OWNER within
fourteen (14) calendar days from the notice to proceed plan view
drawings showing sounding data in AutoCad format,along with an
XYZ(ASCII)file.
2. Side Scan Survey
a. Scope of Work: CONSULTANT shall employ Hydrographic
Consultants,Ltd.,to perform a side-scan survey of the channel from
the marina to the boat ramp to determine debris field and assess
potential effects to navigation, marina construction, or dredging of
the basin or channel. A 400KHz Side Scan Sonar with integrated
OPS positioning and"Geodes"acquisition software will be used.
b. Deliverables: CONSULTANT shall provide the OWNER within
fourteen (14)calendar days from the notice to proceed Tiff Mosaic
image(s)at a resolution of 10 pixels per meter.
3. Environmental Sampling
a. Scope of Work: CONSULTANT shall employ Hydrographic
Consultants to:
D Collect and analyze up to six(6) subsurface samples from the
channel between the marina and boat ramp to determine disposal
options for the dredged materials.Samples will be collected at a
depth of 0 to 3 feet below the existing mud line, at locations
identified following review of the bathymetric survey;and
D Perform laboratory testing of the samples for metals,PCBs,and
pesticides in accordance with the procedures specified by the
Port of Houston Authority.
b. Deliverables: CONSULTANT shall provide to the OWNER within
fifty-six (56) calendar days from the notice to proceed a report
discussing chemical and physical composition of materiaL
Task 2: Permitting and Final Design
1. Approach: CONSULTANT shall:
> Prepare permit application and drawings,and transmittal letter to the
USACE for the Goose Creek Boat Channel;and
First Amendment,Page 2
• Prepare construction documents for required dredging of the
sediment in the channel to be incorporated with the ongoing
construction documents for the marina repairs and dredging of the
marina basin.
2. Scope of Work:CONSULTANT shall:
> Prepare volume estimate for material to be dredged from channel;
D Incorporate channel dredging into permit documents;
D Prepare set of construction drawings for channel dredging;and
D Incorporate dredging of channel into construction documents for the
marina repairs and dredging of marina basin.
3. Dependencies/Special Requirements: This Task 2 assumes that
maintenance dredging of boat ramp channel will be authorized using the
nationwide permit process.
4. Deliverables: Commensurate with the schedule for the Project,
CONSULTANT shall provide to the OWNER the following:
> Permit drawings(8.5"x11")with permit application and transmittal
letter.
> Arch D(22"x 34")size progress plans,specifications and estimates
at 60%,90%and 100%completion in electronic PDF format.
D Final submittal will consist of two hardcopy drawings (1 full-size
and 1 half-size),bound hard copy of specifications,electronic files of
drawings in AutoCAD and PDF formats,electronic files of technical
specifications in pdf format.
c. Exhibit"C""Payments to CONSULTANT for Services and Reimbursable Expenses,"Article
4"Payments to the CONSULTANT,"Section C4.03.A shall be amended to read as follows:
C4.03 For Additional Services
A. OWNER shall pay CONSULTANT for Additional Services as follows:
1. General.
a. For services of CONSULTANT's employees and/or subconsultants
engaged directly on the Project pursuant to paragraph A2.0I of
Exhibit A of the Agreement,an amount not to exceed the following
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:
Task 1—Field Data Collection................... $6,600
Task 2—Permitting and Final Design ..........$7,000
First Amendment,Page 3
Reimbursable Expenses associated with the services contained in
paragraph A2.01 of Exhibit A of the Agreement are noted in Section
C4.04 hereinbelow. Additional Services shall not be performed without
the prior written consent of the OWNER.
b. For services of CONSULTANT's employees engaged directly on the
Project pursuant to paragraph A2.02 of Exhibit A of the Agreement,
except for services as a consultant or witness under paragraph
A2.01.A.13,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 Reimbursable
Expenses. Additional Services shall not be performed without the
prior written consent of the OWNER.
d. Exhibit"C""Payments to CONSULTANT for Services and Reimbursable Expenses,"Article
4"Payments to the CONSULTANT,"Section C4.04.A shall be amended to read as follows:
C4.04 For Reimbursable Expenses
A. (Modified) When not included in compensation for Basic Services under
paragraph C4,01 or in Contingent Additional Services under paragraph C4.03,
OWNER shall pay CONSULTANT for Reimbursable Expenses as the rate set
forth in Appendix 2 of this Exhibit C. Before the OWNER shall be liable for any
reimbursable expenses, the CONSULTANT must obtain prior written approval
of the OWNER of any expense that exceeds $1,000 for which the
CONSULTANT seeks reimbursement. Reimbursable Expenses shall not exceed
the following amounts allotted for each task without the prior written consent of
the OWNER.
Basic Services
a. Environmental Sampling $16,500
($1,650 each)
b. Geotechnical Borings $18,625
($2,737.50 each)
c. Miscellaneous Expenses $3,950
(meetings/teleconferences/presentations,onsite meetings during construction,
meals,travel,mileage,reproduction,delivery and postage)
Additional Services under paragraph A2.01
a. Environmental Sampling..».......»..................»....»........................»»» $9,900
($1,650 each)
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. tntemretation. 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.
First Amendment,Page 4
•
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.
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 , 2010. the dale of execution by the City
Manager.
CITY OF BAYTOWN
By:
GARRISON C.BRUMBACK,City Manager
ATTEST:
LETICIA GARZA,City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ,SR.,City Attorney
MOFFATT&NI L
By:
(Signatu
avJ4i . i i Pam.
(Printed Name)
\t l.0 PVesL r
ATTEST: (Title)
(Sig ature)
L...It'1nAr
(Printed Name) ..t_
Writ Es '(c 4.e SVpe(-JISb�
(Title)
R:'Kan railes\Engincering‘E'ngineering Agtmn nt toffu A`Nichortnaybnd MsriroWFirstAmendmcnt.doc
First Amendment,Page 5
Exhibit "A"
FIRST AMENDMENT
TO THE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment ( "First Amendment') to the Standard Form of Agreement between the
City of Baytown and Moffatt & Nichol, dated June 24, 2010, is made by and between the same parties on
the date hereinafter last specified to incorporate the dredging of the Goose Creek Boat Channel to the boat
ramp into the Repair and Refurbishment of Bayland Marina Project (the "Project`).
WHEREAS, the City of Baytown ( "OWNER') and Moffatt dt Nichol ("CONSULTANT') did
enter into a Professional Services Agreement, dated June 24, 2010, in an amount not to exceed THREE
HUNDRED THIRTY -SIX THOUSAND SEVEN HUNDRED SEVENTY -FIVE AND NO 1100
DOLLARS ($336,775.00) ( "Agreement "); and
WHEREAS, OWNER and CONSULTANT desire to amend the Agreement for CONSULTANT
to provide field collection, permitting, and final design services to incorporate the dredging of the Goose
Creek Boat Channel to the boat ramp into the Project;
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 sane meanings as in the Agreement.
2. Amendments
a. The scope of the services to be performed by the CONSULTANT is hereby amended to
incorporate the dredging of the Goose Creek Boat Channel to the boat ramp into the Project.
b. Section A2.01 "Additional Services Requiring OWNER's Authorization in Advance," of Part
2 of Exhibit "A" CONSULTANT's Services" is hereby amended to add the following Tasks:
PART 2 — ADDITIONAL SERVICES
A2.01 Additional Servim Requiring OR'NER's Authorization in Advance
A. CONSULTANT shall perform the following tasks associated with the dredging
of the Goose Creek Boat Channel to the Boat Ramp:
Task l: Field Data Collection
I. Bathymetric Survey
a. Approach: Field data collection will consist of bathymetrie and
side -scan surveys and environmental sampling.
First Amendment. Pogo 1
b. Scope of Work: CONSULTANT shall employ Hydrographic
Consultants, Ltd, to perform bathymetric survey of the access
channel from the marina to the boat ramp at 100 -foot transects and
extending approximately 50 feet on either side of the channel
centerline. Horizontal control will be based on sub -meter Differential
GPS, Texas South Central projection, North American Datum of
1983 (NAD83) in US Survey Feet. Vertical control will be based an
Mean Lower Low Water (MLLW) per NOAA gauge located at
Morgan's Point, Texas.
c. Deliverables: CONSULTANT shall provide the OWNER within
fourteen (14) calendar days from the notice to proceed plan view
drawings showing sounding data in AutoCad format, along with an
XYZ (ASCII) file.
2. Side Scan Survey
a. Scope of Work: CONSULTANT shall employ Hydrographic
Consultants, Ltd., to perform a side -scan survey of the channel from
the marina to the boat ramp to determine debris field and assess
potential effects to navigation, marina construction, or dredging of
the basin or channel. A 400KHz Side Scan Sonar with integrated
GPS positioning and "Geodas" acquisition software will be used.
b. Deliverables: CONSULTANT shall provide the OWNER within
fourteen (14) calendar days from the notice to proceed Tiff Mosaic
image(s) at a resolution of 10 pixels per meter.
3. Environmental Sampling
a. Scope of Work: CONSULTANT shall employ Hydrographic
Consultants to:
> Collect and analyze up to six (6) subsurface samples from the
channel between the marina and boat ramp to determine disposal
options for the dredged materials. Samples will be collected at a
depth of 0 to 3 feet below the existing mud line, at locations
identified following review of the bathymetric survey; and
Perform laboratory testing of the samples for metals, PCBs, and
pesticides in accordance with the procedures specified by the
Port of Houston Authority.
b. Deliverables: CONSULTANT shall provide to the OWNER within
lifty -six (56) calendar days from the notice to proceed a report
discussing chemical and physical composition of material.
Task 2: Permitting and Final Design
1. Approach: CONSULTANT shall:
D Prepare permit application and drawings, and transmittal letter to the
USACE for the Goose Creek Boat Channel; and
First Amendment. Pago 2
Prepare construction documents for required dredging of the
sediment in the channel to be incorporated with the ongoing
construction documents for the marina repairs and dredging of the
marina basin.
2. Scope of Work: CONSULTANT shall:
D Prepare volume estimate for material to be dredged from channel;
Incorporate channel dredging into permit documents;
Prepare set of construction drawings for channel dredging; and
Incorporate dredging of channel into constriction documents for the
marina repairs and dredging of marina basin.
3. Dependencies/Special Requirements: This Task 2 assumes that
maintenance dredging of boat rump channel will be authorized using the
nationwide permit process.
4. Deliverables: Commensurate with the schedule for the Project,
CONSULTANT shall provide to the OWNER the following:
D Permit drawings (8.5"x11") with permit application and transmittal
letter.
D Arch D (22" x 34 ") size progress plans, specifications and estimates
at 60%,90% and 100% completion in electronic PDF format.
la Final submittal will consist of two hardcopy drawings (1 Rill -size
and 1 half - size), bound hand copy of specifications, electronic files of
drawings in AutoCAD and PDF formats, electronic files of technical
specifications in pdf format.
c. Exhibit "C" "Payments to CONSULTANT for Services and Reimbursable Expenses," Article
4 "Payments to the CONSULTANT," Section C4.03.A shall be amended to read as follows.
C4.03 For Additional Services
A. OWNER shall pay CONSULTANT for Additional Services as follows:
1. General.
a. For services of CONSULTANT's employees and/or subconsultants
engaged directly on the Project pursuant to paragraph A2.01 of
Exhibit A of the Agreement, an amount not to exceed the following
based upon the actual hours worked and the rate schedule, which is
attached as Appendix t of Exhibit C and incorporated herein for all
intents and purposes:
Task 1— Field Data Collection .. ............................... $6,600
Task 2 — Permitting and Final Design..................... $7,000
&M Amendment_ Page 3
Reimbursable Expenses associated with the services contained in
paragraph A2.01 of Exhibit A of the Agreement are noted in Section
C4.04 hereinbelow. Additional Services shall not be performed without
the prior written consent of the OWNER.
b. For services of CONSULTANT's employees engaged directly on the
Project pursuant to paragraph A2.02 of Exhibit A of the Agreement,
except for services as a consultant or witness under paragraph
A2.01 A.13, 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 Reimbursable
Expenses. Additional Services shall not be performed without the
prior written consent of the OWNER.
d. Exhibit "C" "Payments to CONSULTANT for Services and Reimbursable Expenses," Article
4 "Payments to the CONSULTANT," Section C4.04.A shall be amended to read as follows:
C4.04 For ReimbursableFarpenses
A (Modified) When not included in compensation for Basic Services under
paragraph C4.01 or in Contingent Additional Services under paragraph C4.03,
OWNER shall pay CONSULTANT for Reimbursable Expenses as the rate set
forth in Appendix 2 of this Exhibit C. Before the OWNER shall be liable for any
reimbursable expenses, the CONSULTANT must obtain prior written approval
of the OWNER of any expense that exceeds $1,000 for which the
CONSULTANT seeks reimbursement. Reimbursable Expenses shall not exceed
the following amounts allotted for each task without the prior written consent of
the OWNER.
Basic Services
a. Environmental Sampling ....................»................. ............................... $16,500
($1,650 each)
b. Geotechnieal Borings ............................................ ............................... $18,625
($2,737.50 each)
c. Miscellaneous Expenses ............ » ............................ ............................... $3,950
(meetings /teleconferences/presentations, onsite meetings during construction,
meals, travel, mileage, reproduction, delivery and postage)
Additional Services under paragraph A2.01
a. Environmental Sampling ......................................... ............................... $9,900
($1,650 each)
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. lntemretation. 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. Cogtions . 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.
Finn Amendment. page 4
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.
IN WITNESS WHEREOF, th
each of which shall bemed to b
amendment, this / 'may of i
Manager.
APPROVED AS TO FORM:
arties hereto have executed this Amendment in multiple copies,
riginal, • ut all of which shall constitute but one and the same
, 2010, the e o i executiony the City
ACIO RAMIREZ, SR., City orney
BACK, City Manager
MOFFATT & NIC
By:
(Signature,
te•
ATTEST:
(Signature)
�. •DO. \11OO.cL3
(Printed Name)
AD nn L 1.1. 56\1 aL* tV P.
(Title)
r4 L502_)
(Printed Name)
(Title)
R:\Karen\Files\Engineering\Engineering Agreements\Moffat & Nichol\Bayland Marina\F rstAmendment.doc
First Amendment, Page 5