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Ordinance No. 14,757ORDINANCE NO. 14,757 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE THIRD AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND CAROLLO ENGINEERS, INC., FOR THE BAYTOWN AREA WATER AUTHORITY EAST SURFACE WATER TREATMENT PLANT PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the Baytown Area Water Authority's enabling legislation requires that the City Council approve the contract before Baytown Area Water Authority ("BAWA") enters into the same; and WHEREAS, on June 16, 2021, the Board of Directors of BAWA met and approved the Third Amendment to the Consulting Services Agreement with Carollo Engineers, Inc., for the Baytown Area Water Authority East Surface Water Treatment Plant Project; and WHEREAS, the City of Baytown desires to approve such amendment; 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 Third Amendment to the Consulting Services Agreement between BAWA and Carollo Engineers, Inc., for the Baytown Area Water Authority East Surface Water Treatment Plant Project. Such 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 after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 241h day of June, 2021. EATHER BETANCOURTH, Mayor Pro Tern KAREN L. HORNER, City Attorney RAKaren Homer\Documents\Files.City Council •Ordinances\2021\June 24\Approving3rdAmendment2PSA4BEAST.doc EXHIBIT "A" Consulting Services Contract Amendment 00* Baytown Area Water Authority East Surface Water Treatment Plant 1f4 BAYTOWN Date of Issuance: June 16, 2021 Consultant: Carollo Engineers, Inc. Explanation: This Amendment encompasses the following: Amendment No: 03 Project No: BAWA East SWTP PO#: 2005248 The BAWA East Plant has achieved a major milestone with the start up and operation of the plant to deliver treated water into the distribution system. There continues to be a need for technical support for the plant operations, such as chemical disinfection and mechanical systems at this time, and additional services are being requested. Description of Work 1. Plant Operations Technical Support Total Cost Time $ 25,000.00 90 Days $ 25,000.00 90 Days Scope/Schedule: The parties agree that the services to be performed pursuant to the Agreement are complete and that the total amount for which the City is obligated to pay under the Agreement is the revised contract price indicated herein below. Cost & Time Change Summary: Original Contract: Previous Amendment(s): Net increase (decrease) from this Amendment: Revised Contract: Cost $ 49,000.00 $ 51,645.27 $ 25,000.00 $ 125,646.27 [Remainder of Page Purposely Left Blank] Time 60 Days 120 Days 90 Days 270 Days Design I of 2 D6. Revised 04/20 EXHIBIT "A" Consultant agrees to perform clnange(s) included in this Contract Amendment for the price and time indicated. The prices for changes included all costs associated with this Contract Amendment. No work is to be done until this Amendment is executed. No payment to the Consultant shall be made for work included in the Amendment until this Amendment is executed. Unless a different meaning clearly appears from the context, words and phrases as used in this Amendment, the terms and phrases as used herein shall have the same meanings as in the Agreement. The provisions of this Amendment and the Agreement and all previous amendments, if any, shall be read together and construed as one agreement provided that, in the event of any conflict or inconsistency between the provisions of this Amendment and the provisions of the Agreement and any previous amendment, the provisions of this Amendment shall control. This Amendment has been jointly negotiated by the parties hereunder and shall not be construed against a party hereunder because that party may have assuumed primary responsibility for the drafting of this Amendment. By this Amendment, the City does not consent to litigation or suit, and the City hereby expressly revokes any consent to litigation that it may have granted by the terms of this Amendment. the Agreement or any other contract or agreement or addenda, any charter, or applicable state law. Nothing contained in this Amendment or in the Agreement shall be construed in any way to limit or to waive the City's sovereign iinnnunity. The persons executing this Agreement hereby represent that each party has the full power and authority to enter into and perform pursuant to this Amendment, and that each has been properly authorized and empowered to enter into this Annendnnent. Upon execution by all parties, the following changes identified for the Contract Value and/or Contract Time shown, are made part of the Contract. APPROVE By: C A _16�1_ Consultant Meera Victor Printed Name Vice President Title APPROVED: Date 6/7/2021 By: RICHARD L. DAVIS. City Manager Date: APPROVED AS TO CONTENT: By: Date:06i08i202t FRANK O. SIlvIONEAUX. JR.. P.E.. PwE Director APPROVED AS TO FUNDING: LIM Date: VICTOR BROwNLEES. Finance Director Design 2 of 2 D6. Revised 04 20