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HomeMy WebLinkAboutOrdinance No. 16, 471 (Item 7.o.) ORDINANCE NO. 16,471 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH JOHNSTON LLC, FOR PROFESSIONAL SERVICES FOR THE TRAFFIC BUILDING RECONSTRUCTION PROJECT IN THE AMOUNT OF FORTY-ONE THOUSAND, FOUR-HUNDRED DOLLARS ($41,400.00); MAKING OTHER PROVISIONS RELATED THERETO; 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 and the City Clerk to attest to Amendment No. 1 to the Professional Services Agreement with Johnston LLC, for professional services for the Traffic Building Reconstruction Project in the amount of FORTY-ONE THOUSAND, FOUR-HUNDRED DOLLARS ($41,400.00). A copy of said agreement 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 Johnston LLC, in a total amount not to exceed ONE-HUNDRED, SEVENTY-TWO THOUSAND, FOUR-HUNDRED, THIRTY-TWO DOLLARS ($172,432.00) for professional services in accordance with the agreement and 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 ote of the City Council of the City of Baytown this the 14"day of May, 2026. C ARLES JOHNS ayor M ITOV�A, ns a cP d ANGEL CKS N, City Or rk o OVED AS tO RM: SCOTT LEMO City Attorney R:`,Ordinances and Resolutions�Ordinance Drafts\2026-05-14"Ord-Am PSA-Johnston-SL.docx EXHIBIT A Consulting Services Contract Amendment Traffic Control Building Reconstruction Proiect Date of Issuance: 04/07/2026 Amendment No: 01 Consultant: Johnston.LLC. Project No: FACI2306 8 C T E IR Contact/PO#: 2261871 BMTOWN Explanation: This amendment incorporates additional services associated with the Traffic Building Reconstruction Project. Construction documents need updating to reflect changes in the following areas. (a) Changes in the Pre-Engineered Metal Building (PEMB) shop drawings, consisting of general, civil, structural, architectural, mechanical, electrical, plumbing and technology. (b) Update mechanical and electrical drawings and specifications,to design and select new mechanical equipment due to changes in federal regulations.(c)Update architectural drawings to indicate interior doors which need a lock function. (d)Update the review of building code and coordinate between disciplines due to the PEMB and mechanical regulatory design changes. (e) Construction administration of the foundation and shell only. Description of Work Cost Time 1. Update Construction Drawings & Specifications, signed and sealed $ 38.800.00 0 Days 2. Services for Procurement $ 2,600.00 0 Days Total $41,400.00 0 Days Proposal 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: Qt L= Original Contract: $131.032.00 0 Days Previous Amendment(s): $ 0.00 0 Days Net increase (decrease) from this Amendment: $41,400.00 0 Days Revised Contract: $ 172.432.00 Q Days Percent increase(decrease) this Amendment(31.590 o) Percent increase(decrease) all Amendments (31.59%) [Remainder of Page Purposely Left Blank] R TemplatelDesign 1 of 2 D6.Revised 2 2026 Consultant agrees to perform changes(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 full power and authority to enter into and perform pursuant to the Amendment,and that each has been properly authorized and empowered to enter into the 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. APPROV •D- APPROVED: By: Date: 04/22/2026 By: Date: 'oat. dtant JASON E REYNOLDS,City Manager J.Alan Johnston txa.y.ean.a oy snaion vaiente Pnnted Name APPROVED AS TO C( %4't'�(,;,,,vim, 0m. President By: _ Sharon.ValientecN--,t— Title SHARON VALIANTE.It oq� Dew`Zoa6' 1 00,41i-05100f APPROVED AS TO FUNDING: By: _ J Date: TERESA McKEN kr Financial Officer By: Date: 3���i Project ' Prmted By: *P&qDate: 4-23-26 Business Asset Team Member Taylor Khoury Printed None R Templatc0csign 2 of 2 D6.Revised 2 2026 EXHIBIT A JOHNSTON December 12, 2025 Revised December 17, 2025 Revised March 19, 2026 Revised April 6, 2026 Ms. Sharon Valiante Interim Director of Public Works City of Baytown 2401 Market St Baytown, TX 77520 Re: Professional Design Services Proposal for City of Baytown Traffic Building Additional Services Request No. 02 Dear Ms. Valiante: We understand that our scope of services has changed from our original proposal dated March 28, 2022. We appreciate the opportunity to submit this proposal to provide further Architectural and Engineering design services for this project. Please refer to the original approved proposal for information and clarifications which remain valid for this additional service. PROJECT INFORMATION GENERAL DESCRIPTION OF PROJECT CHANGE • Date of meeting: November 14, 2025 • The construction documents, which have the most current date of July 27, 2023, will need to be updated to reflect the changes to the design indicated in the PEMB shop drawings, dated 6/24/2025. • The type of refrigerant used in the specified mechanical equipment is no longer permitted by federal regulations and is therefore no longer available. • There was no interior door hardware included in the construction documents, and this will be provided at no charge. • A re-review of the building code and coordination between disciplines due to the PEMB and regulatory design changes, and any supporting details will be provided at no charge. • Mr. Frank Simoneaux requested the additional services for the Construction Documents and Construction Administration of the foundation and shell only. Our understanding of the additional scope of service is to provide the following services and update deliverables. 1.1 JOHNSTON ADDITIONAL SERVICES The following is a summary of the additional services: 1. Update the construction documents to reflect the changes indicated in the PEMB shop drawings. Deliverables: Revised drawings consisting of the General, Civil, Structural, Architectural, Mechanical, Electrical, Plumbing and Technology. 2. Update the construction documents and specifications to design and select new mechanical equipment due to changes in federal regulations. Deliverables: Updated mechanical and electrical drawings and specifications. 3. Interior door hardware sets. Items needed: Indicate interior doors which need a lock function. Deliverables: Updated architectural drawings and specifications. 4. Update the review of the building code and coordinate between disciplines due to the PEMB and mechanical regulatory design changes. Deliverables: Updated architectural drawings and specifications. COMPENSATION Compensation for the Professional Design Services described in this letter will be established as a Lump Sum Amount. Johnston will bill you for work completed monthly. We request payment within 30 days of invoice date. Reimbursable expenses incurred by Johnston in connection with the project are included in the professional service fee quoted. Total Additional Services Fee: FORTY-ONE THOUSAND, FOUR HUNDRED DOLLARS ($41,400.00) Additional Services: Update Construction Drawings and Specifications, signed and sealed $ 38,800.00 Services for Procurement $ 2,600.00 Total Additional Services Fee: 41,400.00 This ASR is valid for 90 days from the date indicated on this request. 1.1 JOHNSTON If you have any questions concerning this proposal, please contact us at 713.244.8300. We will be happy to meet with you to discuss in more detail. We thank you again for this opportunity and look forward to moving ahead. If the above meets with your approval, please sign below and return to Johnston. We are prepared to commence with this work immediately upon your approval. Sincerely, Accepted for Johnston, LLC: Accepted for City of Baytown: David Butler, AIA Authorized Signature Senior Project Manager Johnston, LLC Print Name/Title April 6, 2026 Date Signed Date Signed STATEMENT OF JURISDICTION. The Texas Board of Architectural Examiners,P.O.Box 12337,Austin, Texas 78711-2337 or 333 Guadalupe, Suite 2-350,Austin, Texas 78701-3942, (512)305-9000,has jurisdiction over complaints regarding the professional practices of persons registered as architects in Texas. Consulting Services Contract Amendment Traffic Control Building Reconstruction Protect Date of issuance: 04/07/2026 Consultant: Johnston, LLC. BAYTOWI` Amendment No. 01 Project No: FACI2306 Contact/PO#: 2261871 Explanation: This amendment incorporates additional services associated with the Traffic Building Reconstruction Project. Construction documents need updating to reflect changes in the following areas. (a) Changes in the Pre -Engineered Metal Building (PEMB) shop drawings, consisting of general, civil, structural, architectural, mechanical, electrical, plumbing and technology. (b) Update mechanical and electrical drawings and specifications, to design and select new mechanical equipment due to changes in federal regulations. (c) Update architectural drawings to indicate interior doors which need a lock function. (d) Update the review of building code and coordinate between disciplines due to the PEMB and mechanical regulatory design changes. (e) Construction administration of the foundation and shell only. Description of Work Update Construction Drawings & Specifications, signed and sealed Services for Procurement Total Cost Time 38,800.00 0 Days 2,600.00 0 Days 41,400.00 0 Days Proposal 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: Original Contract: Previous Amendment(s): Net increase (decrease) from this Amendment: Revised Contract: Percent increase (decrease) this Amendment (3 l .590 o) Percent increase (decrease) all Amendments (31.590 o) C29 lim 131,032.00 0 Days 0.00 0 Days 41,400.00 0 Days 172,432.00 Q Days Remainder of Page Purposely Left Blank] R Template0esign l of 2 D6. Revised 2 2026 EXHIBIT "A" Consultant agrees to perform changes(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, m 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 full power and authority to enter into and perform pursuant to the Amendment, and that each has been properly authorized and empowered to enter into the 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. APPROVPD• APPROVED: By: Date: 04/22/2026 By: Date: 5101 an. Itant rci M an ry , A S51 a,ni llPAa tyHager J. Alan Johnston Printed Nance President Title D% ly signed by Shmn Valente APPROVED AS TO CC JT arvnvatiente@baytaw«g. By: Sharon.Valiente nValUUM.Si wow SHARON VALIANTE, Iz tmkt Dc=Ret Date. 2 6M:00:47-o5bd' APPROVED AS T4 FUNDING: By: Date: 31A oe-104 TERESA Mc KEN Financial OfficerBy.. Date: 55ege Project er L f' Printed ame By: * P&qDate: 4-23-26 Business Asset Team Member Taylor Khoury Printed Name R Template0esign 2 of 2 D6. Revised 2 2026 EXHIBIT A Im I JOHNSTON December 12, 2025 Revised December 17, 2025 Revised March 19, 2026 Revised April 6, 2026 Ms. Sharon Valiante Interim Director of Public Works City of Baytown 2401 Market St Baytown, TX 77520 Re: Professional Design Services Proposal for City of Baytown Traffic Building Additional Services Request No. 02 Dear Ms. Valiante: We understand that our scope of services has changed from our original proposal dated March 28, 2022. We appreciate the opportunity to submit this proposal to provide further Architectural and Engineering design services for this project. Please refer to the original approved proposal for information and clarifications which remain valid for this additional service. PROJECT INFORMATION GENERAL DESCRIPTION OF PROJECT CHANGE Date of meeting: November 14, 2025 The construction documents, which have the most current date of July 27, 2023, will need to be updated to reflect the changes to the design indicated in the PEMB shop drawings, dated 6/24/2025. The type of refrigerant used in the specified mechanical equipment is no longer permitted by federal regulations and is therefore no longer available. There was no interior door hardware included in the construction documents, and this will be provided at no charge. A re -review of the building code and coordination between disciplines due to the PEMB and regulatory design changes, and any supporting details will be provided at no charge. Mr. Frank Simoneaux requested the additional services for the Construction Documents and Construction Administration of the foundation and shell only. Our understanding of the additional scope of service is to provide the following services and update deliverables. I JOHNSTON ADDITIONAL SERVICES The following is a summary of the additional services: 1. Update the construction documents to reflect the changes indicated in the PEMB shop drawings. Deliverables: Revised drawings consisting of the General, Civil, Structural, Architectural, Mechanical, Electrical, Plumbing and Technology. 2. Update the construction documents and specifications to design and select new mechanical equipment due to changes in federal regulations. Deliverables: Updated mechanical and electrical drawings and specifications. 3. Interior door hardware sets. Items needed: Indicate interior doors which need a lock function. Deliverables: Updated architectural drawings and specifications. 4. Update the review of the building code and coordinate between disciplines due to the PEMB and mechanical regulatory design changes. Deliverables: Updated architectural drawings and specifications. COMPENSATION Compensation for the Professional Design Services described in this letter will be established as a Lump Sum Amount. Johnston will bill you for work completed monthly. We request payment within 30 days of invoice date. Reimbursable expenses incurred by Johnston in connection with the project are included in the professional service fee quoted. Total Additional Services Fee: FORTY-ONE THOUSAND, FOUR HUNDRED DOLLARS ($ 419400.00) Additional Services: Update Construction Drawings and Specifications, signed and sealed 38,800.00 Services for Procurement 2,600.00 Total Additional Services Fee: 41,400.00 This ASR is valid for 90 days from the date indicated on this request. Iffli JOHNSTON If you have any questions concerning this proposal, please contact us at 713.244.8300. We will be happy to meet with you to discuss in more detail. We thank you again for this opportunity and look forward to moving ahead. If the above meets with your approval, please sign below and return to Johnston. We are prepared to commence with this work immediately upon your approval. Sincerely, Acceptod for Johnston, LLC: r David Butler, AIA Senior Project Manager Johnston, LLC Date Signed Accepted for City of Baytown: 4L Authorized 'gn r e Print Name/T le r j the1, r Date Signed/ STATEMENT OF JURISDICTION. The Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337 or 333 Guadalupe, Suite 2-350, Austin, Texas 78701-3942, (512) 305-9000, has jurisdiction over complaints regarding the professional practices of persons registered as architects in Texas.