Ordinance No. 12,830ORDINANCE NO. 12,830
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO EXECUTE
AND THE CITY CLERK TO ATTEST TO THE SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH PIERCE GOODWIN
ALEXANDER & LINVILLE, INC., FOR THE JOINT 911 EMERGENCY
COMMUNICATIONS AND INFORMATION DATA SERVICES CENTER PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT
TO EXCEED TWO HUNDRED FIFTY -EIGHT THOUSAND SIX HUNDRED AND
NO/100 DOLLARS ($258,600.00); MAKING OTHER PROVISIONS RELATED
THERETO; 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 the
Acting City Manager to execute and the City Clerk to attest to the Second Amendment to the Professional
Services Agreement with Pierce Goodwin Alexander & Linville, Inc., for the Joint 911 Emergency
Communications and Information Data Services Center Project. 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 Pierce
Goodwin Alexander & Linville, Inc., in an amount not to exceed TWO HUNDRED FIFTY -EIGHT
THOUSAND SIX HUNDRED AND NO./ 100 DOLLARS ($258,600.00) for professional services in
accordance with the amendment authorized in Section 1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by FIFTY THOUSAND AND NO/ 100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty -five percent
(25 %).
Section 4: This ordinance shall take effect immediately and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative y,6�e of the City Council of the City of
Baytown this the 9"' day of April, 2015. 7 t
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BRYSCH,
APPROVED AS TO FORM
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NACIO RAMIREZ, SR., Cit tomey
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EXHIBIT A
SECOND AMENDMENT
TO THE
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
PIERCE GOODWIN ALEXANDER & LINVILLE, INC.
STATE OF TEXAS §
COUNTY OF HARRIS §
This Second Amendment ( "Amendment ") to that certain "Professional Services
Agreement" between the City of Baytown and Pierce Goodwin Alexander & Linville, Inc., dated
the 21" day of March, 2013, is made by and between the same parties on the date hereinafter last
specified.
WITNESSETH:
WHEREAS, the City of Baytown (the "OWNER ") and Pierce Goodwin Alexander &
Linville, Inc., ( "CONSULTANT ") did enter into a Professional Services Agreement, dated the
21" day of March, 2013, ( "Agreement ") to perform architectural services related to certain
design services for the Joint 911 Emergency Communications and Information Data Service
Center Project and related site work (the "Project "); and
WHEREAS, the services under the Agreement included only preliminary design services,
including site selection, programming and preliminary planning of the Project; and
WHEREAS, the OWNER and the CONSULTANT entered into the First Amendment to
the Agreement on 3'd day of March, 2014, to perform final design, bidding and construction
phase services related to this Project, which will
> consist of a building between 17,000 and 18,000 gross square feet for use by the
OWNER;
> contain office, conference, work, storage and server spaces for 911 Dispatch and
information Services; and
> include a common secured lobby, shared kitchen/break room with pantry, conference
training room, 911 dispatch room, Dispatch Coordinator office, Dispatch Supervisor
offices, Training Coordinator office dispatch conference, quiet room, public men's
and women's restrooms, and shared men's and women's restroom/locker room for
employees, ITS Director office, Assistant ITS Director Office, flexible ITS staff
space with collaboration area, loading dock, break down room, equipment room,
radio equipment room, ITS server room, gas fire suppression room, shared
mechanical room, and shared main electrical room;
WHEREAS, the OWNER and the CONSULTANT desire to amend the Agreement again
in order to provide additional services for the Project, including:
Second Amendment to the Agreement for Professional Services, Page 1 qt
furniture design for the Project; and
additional site inspection
WHEREAS, the cost of the services authorized herein is TWO HUNDRED FIFTY -
EIGHT THOUSAND SIX HUNDRED AND NO /100 DOLLARS ($258,600.00);
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby mutually agree as follows:
1. Definitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this Amendment shall have the same meanings as in the First
Amendment and the Agreement.
2. Amendments. The amendments specified in this Second Amendment pertain to the
Design Development Phase of the Project and include the following.
a. Section A2.01 of Exhibit A of the Agreement is hereby amended read as follows:
PART 2 -- ADDITIONAL SERVICES
A2.01 Additional Services Requiring OWNER'S Authorization in Advance.
CONSULTANT shall:
A. CONSULTANT shall provide finniture design services for the Project,
which services shall include, but not be limited to, the following:
1. Assist OWNER in the selection of office, conference room, quiet
room, storage room and dispatch furniture, selection of laminates,
fabrics, colors and other finishes, coordination of mockups, and
preparation of bid documents for furniture purchase and installation;
2. Prepare and review bid documents and coordinate the power data
requirements and location with the building construction documents;
and
3. Review, prior to furniture installation, shop drawings and prepare a
punchlist following installation.
B. CONSULTANT shall provide additional site inspection services for the
Project to provide more frequent site representation than provided as part
of basic services and to provide inspection services at critical stages of
construction. Such services shall include, but not be limited to, the
following:
1. Perform site visits beyond those required in Basic Services on an
as needed basis, up to an additional three days per week depending
upon the activities being performed on site;
2. Perform additional site observations and communicate the results
thereof in the foam of observation reports;
Second Amendment to the Agreement for Professional Services. Page 2 ♦qb
3. Perform additional site inspections and communicate the results
thereof in the form of inspection reports;
4. Track the progress of the work relative to the initial construction
schedule;
5. Observe site conditions and equipment installation, and provide
additional site presence and assistance during the course of
construction;
6. As MEP and specialty items such as telecommunications cabling,
security systems begin to be installed, engage consultants to be on
site at appropriate times to perform more extensive on site
observations and inspections to provide added assurance that the
installation is in accordance with the plans and specifications;
7. Perform or cause to be performed by design professionals
inspection services for below grade civil, landscape irrigation,
MEP and Telecommunications conduit and piping, above grade
architectural walls, interior finishes, roof, millwork, and MEP, fire
protection, telecommunications and security systems;
8. Attend or cause appropriate design professionals to attend MEP,
telecommunications and security systems startup and testing at
critical stages and any training sessions provided to the OWNER;
9. Supplement the inspections of the vapor barrier, concrete
reinforcement and placement, tilt -wall reinforcement, placement
and erection, steel erection to that which the construction materials
testing lab is already performing; and
10. Upon completion of construction, cause the structural engineer to
prepare and provide to OWNER a special inspection letter stating
that, to the best of the structural engineer's professional
knowledge, based on site observations and inspections along with
those of the testing laboratory, the structural components of the
building have been constructed per plans and specifications.
b. Subsection A.1 of Section C4.03 of Exhibit C of the Agreement is hereby
amended read as follows:
C4.03 For Additional Services
A. OWNER shall pay CONSULTANT for Additional Services as
follows:
1. General. For services of CONSULTANT's employees engaged
directly on the Project pursuant to paragraph Part 1 of Exhibit A of
the Agreement, except for services as a consultant, an amount
based upon the actual hours worked and the rate schedule, which is
attached as Appendix 1 of Exhibit C and incorporated herein for all
intents and purposes plus Reimbursable Expenses. Additional
Second Amendment to the-Agreement for Professional Services, Page 3 Q1b
Services shall not exceed the following and require the advanced
written authorization of the OWNER:
Furniture Design Services ............ .....................$48,600.00
Additional Site Inspection Services ................$200,000.00
C. Subsection A of Section C4.04 of Exhibit C of the Agreement is hereby amended
to read as follows:
A. (Modified) When not included in compensation for Basic Services
under paragraph C4.01, OWNER shall pay CONSULTANT for
Reimbursable Expenses at the rate set forth in Appendix 2 of this
Exhibit C. Before the OWNER shall be liable for any reimbursable
expenses, the CONSULTANT must obtain prior written approval of
the OWNER of any expense that exceeds $1000.00 for which the
CONSULTANT seeks reimbursement. Reimbursable Expenses shall
not exceed the following:
I . Preliminary Design ..................................$ 2,500.00
2. Final Design .............. ..............................$ 20,000.00
3. Additional Service:
Additional Site Inspection Services .... $10,000.00
3. Interpretation. The provisions of this Second Amendment and the provisions of the First
Amendment and the Agreement should be read together and construed as one agreement
provided that, in the event of any conflict or inconsistency between the provisions of this
Second Amendment and the provisions of the First Amendment or the Agreement, the
provisions of this Second Amendment shall control. Nothing contained in this
Amendment or in the Agreement shall be construed in any way to limit or to waive the
OWNER's sovereign immunity.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
Second Amendment to the Agreement for Professional Services, Page 4
IN WITNESS WHEREOF, the parries hereto have executed this Amendment in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one
and the same amendment, this day of , 2015, the date of
execution by the Acting City Manager.
PIERCE GOODWIN ALEXANDER &
LINVILLE, INC.
ignature)
PAR.- 17. BpgALtj M
(Printed Name)
(Title)
CITY OF BAYTOWN
By:
RON BOTTOMS, Acting City Manager
ATTEST:
LETICIA BRYCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
Second Amendment to the Agreement for Professional Services. Page 5 a
STATE OF 'TEXAS
COUNTY OF HARRIS
Before me on this day personally appeared �-- Pa14 1-3QnI?e-e'e , in his
capacity as a; �ad of Pierce Goodwin Alexander & Linville, Inc., on
behalf of such corporation,
V"
known to me,
proved to me on the oath of _ ; or
proved to me through his current
(description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person}
(check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this 7,5 day of AA a V G �, 2015.
A-
JAMIE SMITH Notary blic in and for the State of Texas
MY Gommisston Expires
septembe; P7.,70,1
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Second Amendment to the Agreement for Professional Services, Page 6