Ordinance No. 15,407 ORDINANCE NO. 15,407
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE SECOND 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-THREE THOUSAND FIVE
HUNDRED FIFTY-FIVE AND NO./100 DOLLARS ($143,555.00); 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 the Second 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-THREE THOUSAND FIVE
HUNDRED FIFTY-FIVE AND NO/100 DOLLARS ($143,555.00) 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 affirmative vote of the City Council of the
City of Baytown this the 23rd day of March, 2023
RANDON CAPETILL Mayor
AT EST: p,YlOW
��O<(0°oeoea°oo1'T�
e
ANGELA J CKSON, C erk� °
OF-��
APPROVED ' TO FORM
SCOTT LEM ND, City Attorney
RAKaren Anderson'ORDINANCES1202312023.03.23'ndAmendedOnCallServicesAgreement-FreeseandNichols.docx
EXHIBIT "A"
Consulting Services Contract Amendment
On-Call CM&I Services
1awona
Date of Issuance: 2/22/2023 Amendment No: 02
= Consultant: Freese and Nichols.Inc. Project No: On-Call CM&I Services
BAYTOWN PO#: 2200736
Explanation:
This contract amendment provides for additional on call engineering services as well as construction inspection
and management services through Freese and Nichols, Inc. (FNI).
FNI will provide on- call assistance as needed to PWE staff. Some of the items that FNI will assist with include:
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 $ 143,555.00 26 Weeks
Total $ 143,555.00 26 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 Summary: cost Time
Original Contract: $ 48,500.00 52 Weeks
Previous Amendment(s): $ 140,000.00 00 Weeks
Net increase(decrease) from this Amendment: $ 143,555.00 26 Weeks
Revised Contract: $332,055.00 Z$ Weeks
Design 1 of 2 D6.Revised 11 21
Consultant agrees to perform clrange(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 mitil 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 urconsistency 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 priruary 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 terns 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 irrrrrnunity.
The persons execuutmg this Agreement hereby iepiesent 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.
APPROVED: APPROVED:
03/03/2023
By: Date: By: Date
Consultant RICHARD L.DAVIS.City Manager
Cody Cockroft
Printed Name APPROVED AS TO CONTENT:
Vice President By: Date:03/07/2023
Title FRANK 0.SIM9,NEAUx.JR P.E..PwE Director
APPROVED AS TO FUNDING:
By: Date.
VICTOR BROwNLEES. Finance Directoi
Design 2 of 2 D6.Revised 11 21
COMPENSATION ATTACHMENT CO
Compensation to FNI for Basic Services in Attachment SC shall be the lump sum of One Hundred Thirty Five Thousand
Three Hundred Dollars($135,300).
Compensation to FNI for Special Services in Attachment SC shall be computed on the basis of the following Schedule of
Charges,but shall not exceed Eight Thousand Two Hundred Fifty Five Dollars($8,255).
If FNI sees the Scope of Services changing so that Additional Services are needed,including but not limited to those services
described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding.
Additional Services shall be computed based on the following Schedule of Charges.
Position Hourly Rate
Professional 1 119
Professional 2 144
Professional 3 164
Professional 4 187
Professional 5 219
Professional 6 252
Construction Manager 1 103
Construction Manager 2 128
Construction Manager 3 138
Construction Manager 4 173
Construction Manager 5 209
Construction Manager 6 240
Construction Representative 1 92
Construction Representative 2 103
Construction Representative 3 128
Construction Representative 4 138
CAD Technician/Designer 1 101
CAD Technician/Designer 2 132
CAD Technician/Designer 3 161
Corporate Project Support 1 97
Corporate Project Support 2 117
Corporate Project Support 3 155
Intern/Coop 60
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) $200
Technology Charge 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) $100
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 1.15. 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 2022.
2C5062022
Exhibit B-Level of Effort
City of Baytown Project Fee Summa Project Fee Summary
On-Call Amendment No.2 01123-06123("did-dayh/k) Labor services f 135 300 Labor services 135 300
12/12/2022 Expenses f $255 Expenses 8 255
Detailed Cost Breakdown Total Project f 143 555 Total Project 143.555
Tasks Labor Ex nses
scan N— L.Pixi.
Basic or Total Labor Total Expense
Phase Task Spacial Task Description cu Total Hours Effort Tech Charge Miles Other Effort
IT 1209.00 $173.00
Basis 5daysiwk @ 6hrslday f $
Contract Administration 10 120 130 f 22,850 130 $ 1 105
Meetings(Precon Progress,Field) I 180 180 f 31.140 180 E 1 530
Document Coordination E E
Submittal Distribution.Review.and Follow-up 24 2/ f 4,152 24 E 204
RFl coordination,review.and follow-up 24 24 E 4.152 24 f 204
Process pay estimates I 60 60 $ 10 380 60 f 510
Change Orders,Proposed Change Orders 30 30 $ 5.190 30 f 255
Coordination of Testing Activities 10 10 $ 1.730 10 E 85
Preliminary-WalkthroughlPunchlist 20 20 E 3.460 20 E 170
Substantial Completion-WalkthroughlPunchlist 18 18 f 3,114 18 E 153
Final lnspection-Walkthrough 18 18 E 3,114 18 E 153
Project Closeout package 10 10 E 1,730 10 f 85
Warranty Inspection&Reporting 1 16 16 E 2.768 16 E 136
On-slfe Inspection 240 240 E 41 520 240 2600 E 3665
Total Hours/Quantity 10 770 780.0 780 2,600
Total Effort f -1 f 2,090.00 i 133,210.00 f f 136.300.00 f 6.630.00 f 1,625.00 f f 8,255.00
Consulting Services Contract Amendment
On-Call CM&I Services
Date of Issuance: 2 221 /2023 Amendment No: 02
Consultant: Freese and Nichols.inc. Project No: On-Call CM&I Services
B E T T E : PO#: 2200736
BAYTOWN
Explanation:
This contract amendment provides for additional on call engineering services as well as construction inspection
and management services through Freese and Nichols, Inc. (FNI).
FNI will provide on- call assistance as needed to PWE staff. Some of the items that FNI will assist with include:
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 $ 143,555.00 26 Weeks
Total $ 143,555.00 26 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 Summary: Cost Time
Original Contract: $ 48,500.00 52 Weeks
Previous Amendment(s): $ 140,000.00 00 Weeks
Net increase (decrease) from this Amendment: $ 143,555.00 26 Weeks
Revised Contract: $ 332,055.00 78 Weeks
Design I of 2 D6.Revised I 1/21
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 Amenchrrent, 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 Amendrent
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 heremrder 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 terns of this Amendment,the Agreement or any other contract
or agreement or addenda, any charter, or applicable state law- Nothing contained un this Amendment or in the
Agreement shall be construed in any way to limit or to waive the C'ity's sovereign immunity.
The persons executing this Agreement hereby represent that each party has tine 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.
APPROVED: APPROVED: 1
By: G Date: 03/03/2023 By: wk-1 Date:
Consultant -RIC-
Cody Cockroft � Catv1 044,A554. c'� u
Printed Name APPROVE/Dr AS TO CONTENT:
Vice President By: -11� Date:03/07/2023
Title FRANK O.SIMgN`EAUx,JR..P.E..PWE Director
APPR D S T FUND�N
By: / Date:S//SI1 <
VICTOR B OWNLEES.Finmtoe Director
gal
Design 2 of 2 D6.Revised 11/21
COMPENSATION ATTACHMENT CO
Compensation to FNI for Basic Services in Attachment 5C shall be the lump sum of One Hundred Thirty Five Thousand
Three Hundred Dollars($135,300).
Compensation to FNI for Special Services in Attachment SC shall be computed on the basis of the following Schedule of
Charges,but shall not exceed Eight Thousand Two Hundred Fifty Five Dollars($8,255).
If FNI sees the Scope of Services changing so that Additional Services are needed,including but not limited to those services
described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding.
Additional Services shall be computed based on the following Schedule of Charges.
Position Hourly Rate
Professional 1 119
Professional 144
Professional 3 164
Professional 4 187
Professional 5 219
Professional 6 252
Construction Manager 1 103
Construction Manager 2 128
Construction Manager 3 138
Construction Manager 4 173
Construction Manager 5 209
Construction Manager 6 240
Construction Representative 1 92
Construction Representative 2 103
Construction Representative 3 128
Construction Representative 4 138
CAD Technician/Designer 1 101
CAD Technician/Designer 2 132
CAD Technician/Designer 3 161
Corporate Project Support 1 97
Corporate Project Support 2 117
Corporate Project Support 3 155
Intern/Coop 60
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) $200
Technology Charge 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) $100
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(perday) $150 $50
OTHER DIRECT EXPENSES:
Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. 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 2022.
ZM62022
Exhibit B-Level Of EHart
City of Baytown Pro et Fee Slamming ProLcAFae Slatlrtia -
On-Call Amendment No.2 01123-06123(6Ind daylwk) L..or5ervlcea $ I]5]00 Lebar Services 1]5]00
IVIV2022 Eapeoses E 8355 Expenses 8211
Detailed Cost BreaktlOWn Total Pmjed 5 141.555 Total Pmjecl 1d3555
Tasks Labor Es noes
Bas Total labor Toul Espana
Phase.Task Task Task Description WSA eu Total He.. ,U[an Tech Charge 1 Mines Olney Special
$209.00 i EI73.00
IBaais:5tle k a 6Msldey 3 $
CDMcact Admalstralion 10 120 _ 130 S 22.850 130 $ 1.105
Meelln s(Prewn,Pl 1es;Flern 180 180 S 31,140 180 S 1,530
Document Candinefan 5 $
SubmHal Dlslbbullon,Roview,and Follow-up 24 24 $ 4.152 24 $ 204
FIR wordlneBOR mWew,and follpwap 24 24 5 4,152 24 $ 204
Process pay estimates 1 60 80 $ 10,380 60 S SID
Change Orders.Proposed Change Orders 30 30 $ 5.100 30 S 255
Caoldinellon of Tarn,AglvHas 10 10 S 1.730 ID $ a5
(Preliminary-WalklhrougN1sunCh451 20 20 S 3460 20 S 170
l5✓bslanlial Comphlion-WaikNmughlore.w.t 18 18 $ 3.114 19 $ 153
(Final lnspecton-We8tOmuge 18 is S 3,114 18 S 153
jPrejecl Cloward package 10 10 5 1]]0 10 5 65
(Warranty ImpeNon B RePMM 16 tfi 5 2768 16 5 136
i0nnYe Inspection 240 3a0 S 41.520 2d0 2.600 $ 1865
Total Houralonanthyl 10 net Tn9.0 7691 2,600
Total Effort $ S 2,090.00 51]],310.00 f $ 135.300.00 $ 6,630.00 S 1,615.00 S f 8.265.00