Ordinance No. 15,080 ORDINANCE NO. 15,080
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE AGREEMENT
FOR CONSULTING SERVICES WITH FREESE AND NICHOLS, INC., TO
PERFORM ON-CALL CONSTRUCTION MANAGEMENT SERVICES FOR
CITY OF BAYTOWN CIP PROJECTS; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED
FORTY THOUSAND AND NO/100 DOLLARS ($140,000.00); 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
Agreement for Consulting Services with Freese and Nichols, Inc., to perform on-call construction
management services for City of Baytown CIP Projects. 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 payment to Freese
and Nichols, Inc., in an amount not to exceed ONE HUNDRED FORTY THOUSAND AND
NO/100 DOLLARS ($140,000.00) for professional services in accordance with the amendment
authorized in Section 1 hereinabove.
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 irmative vote of the City Council of the
City of Baytown this the 281h day of April, 202 .
RANDON CAPETIL00, Mayor
ATTEST: o�epYTOWV l
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ANGELA JACKSON, CI k ti
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APPROVED AS TO FORM:
T� r
TREVOR FANNING, Interim City Attorney
R.Karen Anderson ORDINANCES 2022 2022.04.28\AmendmentforOnCallServicesFreeseandNichols.docx
EXHIBIT "A"
Consulting Services Contract Amendment
On-Call CM&I Services
Date of Issuance: March 25.2022 Amendment No: 01
Consultant: Freese and Nichols.Inc. Project No: On-Call CM&I Services
B PO#: 2200736
BAYTOWN
Explanation:
This Amendment is a combination of the existing On-Call Engineering Services contract with the consultant
Freese and Nichols, Inc. for on call construction management and inspection services. This contract provides
staff augmentation. Construction manager will provide assistance as needed to City of Baytown inspection
team, construction managers, and project managers on various projects. Task will include but not limited to:
participation in progress meetings, management of construction documents, assists with monthly pay
applications(review and recommendation),assist with change order coordination,provide assistance./guidance
to on-site inspectors during daily site inspection duties.
Description of Work Cost Time
1. Additional CM&I Services $ 140,000.00 0 Weeks
Total $ 140,000.00 0 Weeks
Scope/Schedule: The additional scope of work and the schedule associated with the same, are attached hereto
as Exhibit "A" and incorporated herein for all intents and purposes.
Cost&Time Change Summarv: L1` Time
Original Contract: $ 48,500.00 52 Weeks
Previous Amendment(s): $ 0 N!A Weeks
Net increase(decrease) from this Amendment: $ 140,000.00 0 Weeks
Revised Contract: $ 188,500.00 51 Weeks
Design 1 of 2 D6.Revised 11 21
Consultant amees to perform clrange(s) included in this Contract Amendment for the price and time indicated
The prices foi changes included all costs associated Nv ith this Contact Amendment
No wort: 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 Anrendnrent is executed.
Unless a different meaning. clearly appears Born the context. words and plu-ases as used it 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 precious amendments. if any. shall be read together And construed as one
agreement provided that. in the event of any conflict of inconsistency between the pioN ieiorrs of thi, Amendment
and the provisions of the agreement and any pieviouus amendment. the provisions of this Amendment .shall
control. This Amendment Iras been jointl) negotiated by the parties hereunder and shall not be construed against
a party hereunder because that part),may have assumed primary responsibility for the drafting of this Amendment
By this Amendment. the C ity does not consent to litigation or suit, and the City hereby expressly revokes an}
consent to litigation that it may have granted by the terms of this Amendment.the Aujeeinent or any other contract
or agreement of addenda. any charter. or applicable state law. Nothing contained in this Amendment or in the
Agreement shall be construed in any way to limit of to waive the C'ity's sovereign inrrrrtunity
The persons executing thi,, Agreement hereby represent that each party lia5 the full powei and authority to enter
into and perform pursuant to this Amendment. and that each has been properly authorized and empowered to
enter into this Amendment
Upon execution by all parties, the following changes identified for the Contract Value and/or Contract
Time shown, are made pai-t of the Contract.
aPPRO APPROVED:
By- Date:- B}' Date
C'onsuliaut RI['HARD L DAVIS.City i\lanalei
Painted Name APPROVED AS TO CONTENT:
IK* G AUA?'_ By Date.
Title FRaNI K O.SINIONEAUS.M.P E. PXVE Director
APPROVED AS TO FUNDING:
By _. _ Date:
VICTOR BROWNLEES. Finance Duectoi
Design 2 of 2 D6. Re%iced 11 21
EXHIBIT A
X If
T F P
BAYTOWN
SCOPE OF SERVICES
FOR
ON CALL
CONSTRUCTION MANAGEMENT SERVICES
Construction 1 of It D7.Revised 2i 2021
Task Order Authorizations
Each On Call Services project shall be authorized as a task order, complete with
a brief scope of work, schedule, and project team organization chart, on an as-
needed basis. The Consultant shall provide a proposal in response to each
solicitation from the City's Project Manager for either a not-to-exceed or a time-
and-material proposal.
Task Order Authorizations shall be based on the hourly rates set forth in Exhibit -
B Fee Schedule. The Task Order will be agreed by City and Consultant in writing
and shall be deemed incorporated herein and made a part hereof by reference.
The individual work assignments may include, but not be limited to, the following:
• Prepare Construction cost estimates;
• Attend design, bid, or construction phase meetings as required;
• Provide constructability reviews
• Perform project management and construction management for roadways,
water/wastewater distribution/collection system, lift station or plant
modifications and repairs;
• Perform construction inspection for roadways, water/wastewater
distribution/collection system, lift station or plant modifications and repairs;
FEE SCHEDULE -will be shown as Exhibit B to the contract
SCHEDULE —will be shown as project specific to each Task order
Task Orders will serve as documentation of authorizations.
The scope of work that follows is a guide for Construction Management and
Inspection Services, and the Task order for each project may differ or specify
additional or less work.
Construction 2 of 1 I D7.Revised V 2021
BASIC SERVICES: Construction Manager(s) Firm shall render the following
professional services to the OWNER in connection with the construction of
the Project.
1. Pre-Construction (on specific projects, as requested by the City)
1.1.Provide constructability review of plans, specifications, contract
documents and validity of Engineer of Record's project duration.
Identify construction issues, conflicts, deficiencies, review the
adequacy and accuracy of the design and independent verification
of quantities.
1.2.Attend Pre-Bid Meeting; provide feedback to City's Project Manager
as necessary, such as: tracking and recording questions for the
Engineer's written response, clarifying the Owner's expectations for
the project and the project execution.
1.3.Chair Pre-Construction Meeting
1.3.1. Schedule and conduct the pre-construction meeting;
record and disseminate minutes from pre-construction
meeting.
1.3.2. Utilize the City's Project Management program: set
communications protocol and contract administration
procedures, establish progress meeting schedule and
submittal schedule.
1.3.3. Provide agenda for meeting: Key milestone dates,
pay application procedures, schedule, public
notification issues and procedures, utility coordination
issues, traffic control, permitting, property owner
notification and coordination, temporary facilities,
contractor's use of City's Project Management
program, etc.
Construction 3 of 11 D7.Revised 212021
2. Construction Administration and Management Services
2.1.Act as the City's on-site representative administering the contract
for construction and providing overall project oversight, maintain
record of decisions and changes made.
2.2.Meetings: Schedule and conduct construction progress meetings;
record minutes from construction progress meetings and distribute
via The City's Project Management program to: City Project
Manager, Design Engineer and contractor throughout the duration
of the project.
2.2.1. Schedule meetings every two weeks, minimum, to
review the following: work progress and schedule,
outstanding issues, status of submittals and
responses shop drawings unforeseen issues and
changes to the work.
2.2.2. Coordinate additional meetings as necessary to
discuss and resolve problems and provide guidance
in a timely manner.
2.2.3. Coordinate/monitor the following: utility relocation
activities for compliance, utility installation verification,
reporting, record management and as-built drawings.
2.2.4. Attend all utility coordination, construction, and
scheduling meetings.
2.2.5. Obtain copy of ROW permit and prints from Public
Works in order to monitor progress of utility relocation
per permit/plan.
2.3.Manage Construction
2.3.1. All final documentation is required in electronic/digital
format, utilizing The City's Project Management
program as is feasible.
Construction 4 of 11 D7.Revised 212021
2.3.2. As field problems arise, notify the Design Engineer
and City Project Manager of proposed solutions to
resolve problems.
2.3.3. Review and update as-built documents regularly with
contractor.
2.3.4. Monitor and ensure adherence to approved project
baseline schedule. Review contractor's schedule
monthly, ensure compliance with City's intended
schedule, and provide recommendations as needed
to retain and regain schedule if needed.
2.3.5. Recommend alternate project sequencing/scheduling
to keep project on schedule.
2.3.6. Prepare monthly summary report of construction
activities with outstanding issues outlined for review.
Monthly progress information associated with the
project will be submitted to the Project Manager for
review and approval.
2.3.7. Record weather conditions on jobsite daily.
2.4.Coordinate work of contractor with external agencies and utility
companies. Coordinate contractor's operations with regard to other
City contracts and construction as well as with property owners for
planned service outages, street closures, and access control issues
to properties including notifications.
2.4.1. Verify construction conformance and compliance with
TCEQ, NOI and NOT.
2.4.2. Verify construction conformance with permitted
activities such as: City of Pearland permits, U.S. Army
Corps of Engineers permits, TxDOT roadway permits,
and any Railroad agreements.
2.5.Maintain records of all decisions, actions and activities with regard
to construction operations via the City's The City's Project
Construction 5 of 11 D7.Revised 2/2021
Management program system (i.e. Change Orders, RFIs and
responses, Submittals and responses, Request for Proposals,
correspondence, SWPPP inspections.)
3. Construction Inspection Services
3.1.Provide full-time on-site technical observation of Contractor's
activities to verify and ensure all work materials, structures,
equipment and workmanship comply with the Contract Documents
including Addenda, and Change Orders. Verify and ensure that
Contractor maintains good construction practices and professional
standards prevailing in the local City, County, and State of Texas.
Utilize City's Project Management program for all inspection
reports.
3.1.1. Notify the City Project Manager if Contractor's work is
not in compliance with the Contract Documents or
specifications. Notify the City Project Manager and
Design Engineer of any failure of the Contractor to
take measures to repair and bring work in
compliance.
3.1.2. Issue Advisory Notices to Contractor for work that is
not in compliance with approved construction
documents.
3.1.3. Issue Non-Compliance Reports to Contractor if non-
conforming work is not brought into compliance or if
plan of action to bring work into compliance is not
conducted in timely manner.
3.1.4. Inspect and observe the materials and equipment
being incorporated into the work to assure that they
are handled, stored and installed in accordance with
Construction 6 of 11 D7.Revised 212021
the Contract Documents and specifications. Report to
the City Project Manager regarding these activities.
3.2.Identify, record and notify Design Engineer of any problems or
failures to meet performance requirements in a timely manner to
minimize delay in the progress of the project, make
recommendations) for appropriate solution to the City Project
Manager and Design Engineer.
3.3.Prepare and maintain daily progress log or daily construction
reports, photographs, records and track quantities installed that day
utilizing the City's Project Management system.
3.4.Ensure contractor reviews and approves daily reports and
quantities.
3.5.Verify contractor has obtained necessary permits and is
maintaining any Traffic Control, public notification and Storm Water
Pollution Prevention Plans, facilities, equipment or arrangements in
accordance with contract documents.
3.6.Attend and participate in progress meetings.
3.7.Create contacts for your record for: names, addresses, telephone
numbers and email of all contractors, subcontractors, sub
consultants and major suppliers of material and equipment; store in
City's The City's Project Management program system.
3.8.Immediately notify the City Project Manager and Design Engineer
in the event of an on-site accident. Record and note conditions,
activities and witnesses to the event.
3.9. Maintain Resolution Log and respond to citizen complaints in The
City's Project Management program system.
3.10. Consult with City Project Manager and Design Engineer in
advance of scheduled major work operations, tests, inspections or
start of important phases of project.
Construction 7 of l I D7.Revised 2'2021
4. Pay Applications
4.1.Pay applications will be generated by the City's The City's Project
Management program system based on quantities approved in the
daily reports. Review and verify quantities provided by contractor
for all work in compliance with contract documents.
4.1.1. Review work conducted daily on daily inspection
reports and material installed measurements
submitted by contractor; verify work conducted and
bid item quantities via The City's Project Management
program; meet monthly to review pay estimate and
quantities with contractor
4.1.2. Review progress pay application with Design
Engineer for approval or revision prior to submittal to
City.
4.1.3. Finalize pay application with signatures from
Contractor, Engineer and Construction Manager
certifying quantities and amounts via The City's
Project Management program.
4.1.4. Notify City Project Manager when all electronic
signatures are completed in the The City's Project
Management program system for invoice processing.
4.1.5. Track and record requests for rain or other delays
with potential to add to Contract Time in Daily Reports
in The City's Project Management program.
4.1.6. Provide an independent quantity forecast bid items to
identify potential quantity over-runs as part of pay
estimate review.
4.2.Upon completion of the work, prepare a final progress payment
including a balancing change order zeroing out all unused
quantities utilizing The City's Project Management program. Identify
Construction 8 of 11 D7.Revised 212021
and add additional quantities and make any approved changes to
the Contract Time.
4.2.1. Review and coordinate with Design Engineer to
provide Engineer's recommendation for Substantial
Completion or Final Acceptance. (See Close-out
Section)
5. Document Control
5.1.Utilize the City's Project Management program system to: receive,
route, track and log all Contractor communications, Submittals,
Change Orders, RFIs, Pay Applications and Citizen
Complaint/Resolution Log; communicate with Contractor the status
of submittal reviews; review submittal and RFI log in The City's
Project Management program to ensure timely responses; notify
City Project Manager, Contractor and Design Engineer of time
critical issues.
5.1.1. Respond to RFIs when such response does not
require the Engineer's opinion or expertise or
direction from City.
5.1.2. Assemble and maintain notes, comments, sketches
and supportive data relative to the Project to facilitate
the revision of drawings to conform to the final as-built
conditions. Review Contractor's record keeping
periodically to ensure completeness, timeliness and
progress.
6. Change Orders
6.1.Prepare and issue request for proposals in a timely manner via The
City's Project Management program. Review RFP and contractor
proposal for additional work with City Project Manager and Design
Engineer for approval. Ensure the status of RFP and Responses
Construction 9 of 11 D7.Revised 212021
from Contractor, City and Design Engineer are logged and tracked
in the The City's Project Management program system.
6.2.Provide recommendation on technical matters as an advocate for
the City. Evaluate Contractor's response/proposal for merit, cost,
time, accuracy and price practicality. Negotiate with Contractor on
City's behalf if required.
6.3.Prepare Change Order and documentation including signatures of
Contractor, Engineer and Construction Manager for delivery to City.
7. Testing Laboratory and Results
7.1.Coordinate testing laboratory activities with Contractor's activities.
Review test reports for compliance with Contract Documents. Log,
track and retain test reports in The City's Project Management
program. Review results with Contractor. Monitor any corrective
action and re-testing for compliance. Maintain compliance with
City's specifications
7.1.1. Review lab test reports and log any failures.
7.1.2. Review Invoicing from Laboratory to daily activities.
8. Project Completion and Close out
8.1 Provide list of deliverables for substantial completion walk
through/inspection. Schedule and conduct project walk through
upon receipt of Contractor's notification of substantial completion.
Include City Project Manager, Design Engineer and others as
directed. Prepare a list of non-conforming work based on visual
inspections via The City's Project Management program. Record
and monitor contractor's corrective efforts and schedule. Schedule
final completion inspection for any remaining corrections.
8.2 Coordinate and obtain Design Engineer's signature and seal on
Substantial Completion certificate and Final Completion and
Acceptance certificate via The City's Project Management program.
Construction 10 of 11 D7.Revised 2 2021
8.3 Review and compile any Operation and Maintenance documents
required from the Contractor—forward to Engineer for review.
Ensure Contractor's closeout documents are uploaded to The City's
Project Management program. Review for completeness and
accuracy, including; affidavits of final payment, final pay estimates,
as built records, redlines and drawings. Once received, notify the
Design Engineer and City Project Manager when completed.
8.3.1. Upon completion of close out items, provide recommendation
for City's Substantial Completion/Final Acceptance certificate.
8.3.2 Provide indexed project files, redline plans and as-built or
record drawings to City via The City's Project Management
program.
8.4 Conduct Project Close-Out Meeting.
8.5 Prepare and recommend final payment application. (Prepare job
record logs transmittals, and correspondence reports in an
organized file for delivery to City.)
8.6 Consult with City on any potential Warranty items requiring repair
or replacement.
9. Warranty Period
9.1 Schedule, arrange and coordinate a One Year Walk-through of the
project to review status of the work 30 days prior to expiration of the
One Year Maintenance period.
9.2 Provide staff to conduct and participate in the warranty inspections.
9.3 Prepare list of non-conforming work for presentation to the City
Project Manager, Design Engineer and Contractor via The City's
Project Management program.
9.4.Oversee repairs for non-conforming work with Contractor.
9.5. Submit final report on completed warranty repairs via The City's
Project Management program.
Construction 11 of 11 D7.Revised 2 2021
EXHIBIT B- FEE SCHEDULE
COMPENSATION
Compensation to FNI shall be computed on the basis of the following Schedule of Charges and the Task Authorizations as
assigned.
Position Max Hourly Rate
Professional 1 107
Professional 2 130
Professional 3 146
Professional 4 169
Professional 5 197
Professional 6 225
Construction Manager 1 97
Construction Manager 2 120
Construction Manager 3 131
Construction Manager 4 164
Construction Manager 5 197
Construction Manager 6 225
Construction Representative 1 87
Construction Representative 2 97
Construction Representative 3 120
Construction Representative 4 131
CAD Technician/Designer 1 91
CAD Technician/Designer 2 117
CAD Technician/Designer 3 145
Corporate Project Support 1 87
Corporate Project Support 2 105
Corporate Project Support 3 139
Intern/Coop 53
Senior Advisor 175
Rates for In-House Services and Equipment
Mileage Bulk Printing and Reproduction Equipment
Standard IRS Rates B&W Color Valve Crew Vehicle(hour) $75
Small Format(per copy) $0.10 $0.25 Pressure Data Logger(each) $100
Tech Charges Large Format(per sq.ft.) Water Quality Meter(per day) $100
8.50 per hour Bond $0.25 $0.75 Microscope(each) $150
Glossy/Mylar $0.75 $1.25 Pressure Recorder(per day) $200
Vinyl/Adhesive $1.50 $2.00 Ultrasonic Thickness Guage(per day) $275
Coating Inspection Kit(per day) $275
Mounting(per sq.ft.) $2.00 Flushing/Cfactor(each) $500
Binding(per binding) $0.25 Backpack Electrofisher(each) $1,000
Survey Grade Standard
Drone(per day) $200 $100
GPS(per day) $150 $50
OTHER DIRECT EXPENSES:
Other direct expenses are reimbursed at actual cost times a multiplier of 1.0. They include outside printing and reproduction
expense, communication expense, travel, transportation and subsistence away from the FNI office. For other miscellaneous
expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by
independent persons other than staff members,these services will be billed at a cost times a multipler of 1.15. For Resident
Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where
FNI provides workspace and equipment to perform such services,these services will be billed at cost times a multiplier of 2.0.
This markup approximates the cost to FNI if an FNI employee was performing the same or similar services.
These ranges and/or rates will be adjusted annually in February. Last updated February 2021.
1CS092021
Exhibit B
City of Baytown Project Fee Summary Project Fee Summary
On-Call CM81 Basic Services $ 48,500 Basic Services 48,500
10/7/2021 Special Services $ - Special Services -
Detailed Cost Breakdown Total Project $ 48,500 Total Project I 48,500
Labor Expenses
Task Description CMorMid•L.M Total Hours Total Labor Tech Charge Miles B&W(sheet)
Lead CM Inn—to, Inspector Effort
$164 $120 $97
$
Contract Administration 10 10 $ 1,706 10
Meetings(Precon,Progress,Field) 10 5 5 _ 20 $ 2,834 10' 800
Document Coordination 10 10 $ 1,706 10
Submittal Distribution,Review,and Follow-up: 5 5 10 $ 1,128 i
RFI coordination,review,and follow-up 5 5 10 $ 1,128 _
Process pay estimates 6 2 2 — 10 _ $ 1,475 6 W
Change Orders,Proposed Change Orders 8 8 $ 1,364 8
Coordination of Testing Activities 10 10 _ 20 $ 2,257
Preliminary-Walkthrough/Punchlisl 4 4 4 12 $ 1,585 4
Substantial Completion-Walkthrough/Punchlist 4 4 4 12 $ 1,585 4
Final Inspection-Walkthrough 4 4 4 12 $ 1,585 4
Project Closeout package 4 2 2 8 $ 1,134 4
Warranty Inspection&Reporting 4 4 8 $ 903
On-site Inspection 115 115 230 $ 25,953 2,800
Total Hours/Quantity 601 1601 1601 380 60 2,800 800
Total Effort $ 10.2341 $ 19,9681 $ 16,141 1 $ $ 46,342 $ 510 J $ 1,568 $ 80
Exhibit B-Level of Effort
City of Baytown 4W Pro of Foe Summa
Amendment No.1 0412022-0912022(6-hrlday)NTE$140,000.00 Labor Services $ _ !14
1 43/1812022 ExpensesS 8 543
Detailed Cost Breakdown Total Project S o.000
Tasks Labor Expenses
swx N—W awmw wrm eon Lu
Basic or Total Labor Total Expanse
Phase Task Special Task Description pht+cm cm cm Total Hours Effort Tech Charge Was other Effort
5164.00 $164.00 S731.00
_ Basis:5da shMc Bhrs/da $
_ Contract Administration 10 120 2 132 $ 21582 132. $ 1,122
_ Meet in s re on,Progress,Fie 180 4 184 $ 30,044 184+_ S 1,564
Document Coordination _ $ $
Submittal Distribution,Review,and Follow-up ' 24 1 25 $ 4.067 25 $ 213
RFI coordination,review,end follow-up 24 1 25 $ 4.067 25 $ 213
Process pay estimates _ 60 2 62 $ 10.T61 W_� $ 527
' Chan6e Orders,Pro sed Change Orders T 30 1 31 $ 5.051 31 $ 264
Coordination of Testing Activities 10 10 $ 1.640 tot0 S 85
•Preliminary-WaikthroughlPunchlist " 20 2 22 $ 3542 22 $ 187
Substantial Completion-WalkUroughlPunehlnt 18 2 20 $ _ 3,214 20 $ 170
Final lns etion-Walkthrough 16 1 19 S 3.083 19 $ 162
Project Closeout package 10 10 $ 1,640 10 $ 85
Warranty Inspection 8 Reporting 16 1 17 $ 2,755 17 _ $ _ 145
�On-sife Inspection 240 10 250 $ 40.670 250•• 2,877 S 3808
Total Hours/quantity 10 770 27.0 907.0 0 2,877 -
Total Effort S - S 1 840,00 $128 280,00 S 3 537.00 $ 131.4 77.00 $ 6,859.50 $ 1,683.05 $ S 8,542.55
EXHIBIT C - SCHEDULE
Time schedule for construction management is on call as needed for 52 weeks, commencing on the date
specified in the notice to proceed for Construction.