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Ordinance No. 15,365 ORDINANCE NO. 15,365 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH BINKLEY & BARFIELD, INC., FOR ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES FOR THE NEIGHBORHOOD STREET RECONSTRUCTION PROJECT(ALLENBROOK DRIVE, EDGEBROOK DRIVE, NARCILLE STREET AND COLBY DRIVE); AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF TWENTY-TWO THOUSAND ONE HUNDRED TEN AND NO.100 DOLLARS ($22,110.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* 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 the Second Amendment to the Consulting Services Agreement with Binkley & Barfield, Inc., for additional construction administration services for the Neighborhood Street Reconstruction Project(Allenbrook Drive,Edgebrook Drive,Narcille Street and Colby Drive). A copy of the amendment is attached hereto,marked Exhibit"A,"and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Binkley & Barfield, Inc., in the amount of TWENTY-TWO THOUSAND ONE HUNDRED TEN AND NO/100 DOLLARS ($22,110.00) for additional construction administration 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 af" vote of the City Council of the City of Baytown,this the 9`''day of February, 2023. f" D ETN LLO, a y o r iToATTEST: �o�eP`ees*, :Ttc ° � A ANGELA JA@KSO Cit ° C1 .Oete° i 7 APPROVED AS SCOTT L O ity Attorney R:Karen Anderson.ORDINANCES\2023\2023.02.09\2ndAmendment2CSAwithBinkley&Barfield4NeighborhoodStreetReconProject.docx EXHIBIT "A" Consultant Services Contract Amendment Neighborhood Street Reconstruction Bi Allenbrook Dr., Edgebrook Dr., Narcille Street & Colby Dr. Project BAYTOWN Date of Issuance: January 18,2023 Amendment No: 2 Consultant: Binkley & Barfield,Inc. Project No: RW1904 PO#: 2000020 Explanation: This Amendment encompasses the following: This contract Amendment (No. 2) is for additional construction administration services. These additional services are necessary because the initial construction administrative services contract, Amendment (No. 1), covered the initial structure of the construction contract. That initial construction contract structure was for the four streets listed below to be constructed as one project. Allenbrook Dr, Edgebrook Dr, and Colby Dr. were completed with Amendment No.1. Narcille Street will be administered through contract Amendment No. 2. The projects were separated due to cost constraints when the construction of the four streets was bid in 2021. Narcille has subsequently been rebid and the construction administration will be provided via contract Amendment No. 2 B.Description of Work(Additional Tasks) Cost(Not to Exceed) Time 1. Pre-construction Meeting $ 1630.00 0 Days 2. Respond to RFIs/ Change order $ 6210.00 0 Days 3. Review Submittals (15) $ 4,030.00 0 Days 4. Monthly Site Visits/Progress Mtgs $ 6,330.00 0 Days 5. Substantial & Final Walk Through $ 1,160.00 0 Days 6. Record Drawings $ 2,750.00 0 Days Total $ 22,110.00 0 Days 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 Summary: Cost(Not to Exceed) Time Original Contract: $ 442,480.00 420 Days Previous Amendment(s): $ 36,540.00 0 Days Net increase for this Amendment: $ 22,110.00 0 Days Revised Contract: $501,130.00 0 Days Design 1 of 2 D6.Revised 04.20 Consultant agrees to perform change(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 fi-om 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 Aniendinent 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. 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 urmiunity. 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 Amendment. 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'-`- APPROVED: By: �/ Date: 1/23/2023 By: Date- Consultant RICHARD L.DAVIS.City Manager Steve Albert, PE, CFM Printed Name APPROVED AS TO CONTENT: Vice President- Infrastructure L By: _ ���ul -i Date:01/24/2023 Title FRANK O.SIMONEAUX.JR..P.E..PIVE Director APPROVED AS TO FUNDING: By: Date: VICTOR BROwNLEES.Finance Director Design 2 of 2 D6.Revised 0410 EXHIBIT"A" CITY OF BAYTOWN NARCILLE-ADDITIONAL CONSTRUCTION PHASE SERVICES SCOPE OF WORK • Attend a pre-construction conference conducted by the City. • Review construction submittals furnished by the Contractor for conformance with the design documents. • Review requests for information (RFI's) and change order requests furnished by the Contractor. • Attend monthly progress meetings with the contractor, City construction staff, consultant construction staff, etc. All personnel are required to attend. These meetings will coincide with periodic site visits for BBI to observe construction progress. Any observed deviations from the contract documents will be reported to the City. • Attend substantial and final completion site visits. Furnish the City with a set of"Record Drawings" in hardcopy and digital format. EXHIBIT"B" CITY OF BAYTOWN NARCILLE-ADDITIONAL CONSTRUCTION PHASE SERVICES LEVEL OF EFFORT 01/18/2023 BILLING CLASSIFICATION Sr. Proj Grad. Sr. Sr. TASK TASK PM PM Eng Eng CADD CADD Clerical TOTAL FEE $290 $253 $161 $127 $169 $12 $92 HOURS $ Pre-Construction Meeting 3 3 6 $1,630 Respond to RFIs/Change Orders 15 15 30 $6,210 Review Submittals 25 25 $4,030 Bi-Weekly Site Visits/Progress Mtgs 25 25 $6,330 Substantial&Final Walk Throughs 4 4 $1,160 Record Drawings 1 5 10 16 $2,750 TOTAL CONSTRUCTION PHASE FEE EXHIBIT"C" CITY OF BAYTOWN NARCILLE-ADDITIONAL CONSTRUCTION PHASE SERVICES SCHEDULE Construction for the Narcille project is scheduled to be substantially complete 300 days from Notice to Proceed (NTP). Consultant Services Contract Amendment Neighborhood Street Reconstruction R'r T T Allenbrook Dr., Edgebrook Dr., Narcille Street & Colby Dr. Project BAYTOWN Date of Issuance: January 1$ 2023 Amendment No: 2 Consultant: Binkley & Barfield, Inc. Project No: RW1904 Po#: 2000020 Explanation: This Amendment encompasses the following: This contract Amendment (No. 2) is for additional construction administration services. These additional services are necessary because the initial construction administrative services contract, Amendment (No. 1), covered the initial structure of the construction contract. That initial construction contract structure was for the four streets listed below to be constructed as one project. Allenbrook Dr, Edgebrook Dr, and Colby Dr. were completed with Amendment No.1. Narcille Street will be administered through contract Amendment No. 2. The projects were separated due to cost constraints when the construction of the four streets was bid in 2021. Narcille has subsequently been rebid and the constriction administration will be provided via contract Amendment No. 2 B. Description of Work (Additional Tasks) Cost (Not to Exceed) Time 1. Pre-construction Meeting $ 1630.00 0 Days 2. Respond to RFIs/Change order $ 6210.00 0 Days 3. Review Submittals (15) $ 4,030.00 0 Days 4. Monthly Site Visits/Progress Mtgs $ 6,330.00 0 Days 5. Substantial & Final Walk Through $ 1,160.00 0 Days 6. Record Drawings $ 2,750.00 0 Days Total $ 22,110.00 0 Days 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 Summary: Cost(Not to Exceed) Time Original Contract: $ 442,480.00 420 Days Previous Amendment(s): $ 36,540.00 0 Days Net increase for this Amendment: $ 22,110.00 0 Days Revised Contract: $501,130.00 0 Days Design l or2 D6.Revised 04/20 Consultant agrees to perform change(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 assumed 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 immunity. The persons executing this Agreement hereby represent that each party has the fill power and authority to enter into and perform pursuant to this Amendment, and that each has been properly authorized and empowered to enter into thus Amendnment. Upon execution by all parties, the foflowing changes identified for the Contract Value and/or Contract Time shown,are made part of the Contract. APPROVE"- APPROVED: By: C Date: 1/23/2023 t� r Datf��1�ti Consultant ,C Steve Albert, PE, CFM SC on E.Re,gnol LS Printed Name APPROVED AS TO CONTENT: Vice President- Infrastructure By. 74A — Date:01/24/2023 Title FRANK O.SWONEAUX.JR..P.E.. PwE Director APPR W O UND BY' Date VICTOR BROWN S. Fitunce Director al Design 2 of 2 D6.Revised 04/20 EXHIBIT "A" CITY OF BAYTOWN NARCILLE - ADDITIONAL CONSTRUCTION PHASE SERVICES SCOPE OF WORK • Attend a pre-construction conference conducted by the City. • Review construction submittals furnished by the Contractor for conformance with the design documents. • Review requests for information (RFI's) and change order requests furnished by the Contractor. • Attend monthly progress meetings with the contractor, City construction staff, consultant construction staff, etc. All personnel are required to attend. These meetings will coincide with periodic site visits for BBI to observe construction progress. Any observed deviations from the contract documents will be reported to the City. • Attend substantial and final completion site visits. Furnish the City with a set of"Record Drawings" in hardcopy and digital format. EXHIBIT"B" CITY OF BAYTOWN NARCILLE -ADDITIONAL CONSTRUCTION PHASE SERVICES LEVEL OF EFFORT 01/18/2023 BILLING CLASSIFICATION Sr. Proj Grad. Sr. Sr. TASK TASK PM PM Eng Eng CADD CADD Clerical TOTAL FEE $290 $253 $161 $, $169 $12 $92 HOURS ($) Pre-Construction Meeting 3 3 6 $1,630 Respond to RFIs/Change Orders 15 15 30 $6,210 Review Submittals 25 25 $4,030 Bi-Weekly Site Visits/Progress Mtgs 25 25 $6,330 Substantial & Final Walk Throughs 4 4 S1,160 Record Drawings 1 5 10 16 $2,750 TOTAL CONSTRUCTION PHASE FEE 7 44 45 0 10 0 0 106 $22,110 EXHIBIT "C" CITY OF BAYTOWN NARCILLE -ADDITIONAL CONSTRUCTION PHASE SERVICES SCHEDULE Construction for the Narcille project is scheduled to be substantially complete 300 days from Notice to Proceed (NTP).