Ordinance No. 12,489ORDINANCE NO. 12,489
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH PIERCE GOODWIN ALEXANDER & LINVILLE, INC., FOR
CONSULTING SERVICES ASSOCIATED WITH THE JOINT 911 EMERGENCY
COMMUNICATIONS AND INFORMATION DATA SERVICES CENTER PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT
TO EXCEED FIVE HUNDRED SIXTY -ONE THOUSAND AND NO /100 DOLLARS
561,000.00); 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 the First Amendment to the
Professional Services Agreement with Pierce Goodwin Alexander & Linville, Inc., for consulting services
associated with 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 FIVE HUNDRED SIXTY -ONE
THOUSAND AND NO /100 DOLLARS ($561,000.00) for consulting services in accordance with the
agreement 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 from and after its passage by the
City Council of the City of Baytown. Af
INTRODUCED, READ and PASSED by the
Baytown this the 27`" day of February, 2014.
A
BRYSCH,
A
of the City Council of the City of
H. DONCARLOS,
APPROVED AS TO FORM:
O
R\
ACAMII2EZ, ty ttorney
greemenlforJoint911EmergencyCommunictions& InfomationDataServicesCeo teProjc.da
Exhibit "A"
FIRST 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 First Amendment ( "Amendment ") to that certain "Professional Services Agreement"
between the City of Baytown and Pierce Goodwin Alexander & Linville, Inc., dated the 21st 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't 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, such services included only preliminary design services, including site
selection, programming and preliminary planning of the Project; and
WHEREAS, the OWNER now desires CONSULTANT 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 Professional agree to amend the Agreement for the final
design, bidding and construction phase services in accordance with the Agreement with the
revisions incorporated herein; and
First e d en the Agmement for Professional Services, Page 1
WHEREAS, the cost of the services authorized herein is FIVE HUNDRED FORTY -
ONE THOUSAND AND N01100 DOLLARS ($541,000.00);
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 Agreement.
2. Amendments. The amendments specified in this First Amendment pertain to the Design
Development Phase of the Project and include the following:
a. Section A1.02 of Exhibit A of the Agreement is hereby amended read as follows:
Al-02 Final Design Phase
A. After acceptance by OWNER of the Preliminary Design Phase documents
and revised opinion of probable Construction Cost as determined in the
Preliminary Design Phase, but subject to any OWNER - directed
modifications or changes in the scope, extent, character, or design
requirements of or for the Project, and upon written authorization from
OWNER, CONSULTANT shall:
1. (Modified) On the basis of the above acceptance, direction, and
authorization, prepare final Drawings indicating the scope, relationships,
forms, size, and appearance of the Project by means of plans, sections
and elevations, construction details and specifications together with the
extent and character of the Work to be performed and famished by
Contractor, including the quality levels for major materials and Project
systems. Specifications will be prepared, where appropriate, in
conformance with the 16- division format of the Construction
Specifications Institute or other format agreed to in writing by OWNER
and CONSULTANT.
2. Provide technical criteria, written descriptions, and design data as
needed for the CONSULTANT on behalf of the OWNER to file
applications for permits from or to obtain approvals of governmental
authorities having jurisdiction to review or approve the final design of
the Project and assist OWNER in consultations, if any, with appropriate
authorities.
3. Advise OWNER of any adjustments to the opinion of probable
Construction Cost and any adjustments to Total Project Costs known to
CONSULTANT, itemized as provided in paragraph A1.01.A.8.
First Amendment to the Agreement for Professional Services. Page 2
4. Perform or provide the following additional Final Design Phase tasks or
deliverables:
a. CONSULTANT will hire licensed professionals to perform all
topographical and geotechnical surveys necessary for the Project.
b. Consultant will provide registered professional land surveying
services necessary for the site to be replatted.
c. CONSULTANT will hire design consultants such as structural,
mechanical, electrical and plumbing, and other required consultants
to complete the balance of the work.
d. CONSULTANT will prepare construction documents required for
permitting and construction. The completed construction documents
will be submitted to governmental agencies for purposes of
obtaining all appropriate permits.
e. CONSULTANT'S services shall include all architectural and MEP
design services necessary for the Project.
f. CONSULTANT shall provide landscape design, data/telephone
design, audio visual design, and security design services necessary
for the Project, as determined by the OWNER.
g. CONSULTANT shall make appropriate recommendations to the
OWNER to adjust the Project size, quality or budget if at any time
the CONSULTANT's estimate of the probable Construction Cost or
Total Project Costs exceed the OWNEWs budget.
5. Prepare and furnish Bidding Documents for review and approval by
OWNER, its legal counsel, and other advisors, as appropriate, and assist
OWNER in the preparation of other related documents.
6. Furnish three (3) review copies of the Contract Documents and one
electronic copy in a format approved by the OWNER of the 30%
submittal, including Bidding Documents, along with a revised opinion
of probable Construction Cost to OWNER within forty-two (42)
calendar days of authorization to begin final design services and review
it with OWNER
7. Revise the 30% submittal in response to OWNER's and other parties'
comments, as appropriate, and incorporate such revisions in the 60%
Bidding Documents.
8. Furnish three (3) review copies of the Contract Documents and one
electronic copy in a format approved by the OWNER of the 60%
submittal, including Bidding Documents, along with a revised opinion
of probable Construction Cost to OWNER within ninety (90) calendar
days of authorization to begin final design services and review it with
OWNER.
First Amendment to the Agreement for Professional Services Page 3
9. Furnish three (3) review copies and one electronic copy in a format
approved by the OWNER of the 90% submittal, including Bidding
Documents (using half -scale plans), along with a revised opinion of
probable Construction Cost to OWNER within one hundred thirty -two
132) calendar days of authorization to begin final design services and
review it with OWNER.
9. Revise the 90% submittal in response to OWNER's and other parties'
comments, as appropriate, and incorporate such revisions in the 100%
Bidding Documents.
10. Submit 5 final copies of the Bidding Documents and a revised opinion
of probable Construction Cost to OWNER within one hundred forty-
five (145) calendar days after authorization to proceed with this phase.
11. (Added) Prepare additional line items in the Bid Tabulations, assuming
the project documentation, including plans and specifications, were
originally prepared to reflect these items, as reasonably requested by
OWNER, so long as this/these request(s) is made prior to the
preparation of the final bid documents.
B. In the event that the Work designed or specified by CONSULTANT is to be
performed or furnished under more than one prime contract, or if
CONSULTANT's services are to be separately sequenced with the work of
one or more prime Contractors (such as in the case of fast- tracking),
OWNER and CONSULTANT shall, prior to commencement of the Final
Design Phase, develop a schedule for performance of CONSULTANT's
services during the Final Design, Bidding or Negotiating, Construction, and
Post - Construction Phases in order to sequence and coordinate properly such
services as are applicable to the work under such separate prime contracts.
This schedule is to be prepared and included in or become an amendment to
Exhibit A whether or not the work under such contracts is to proceed
concurrently.
C. The number of prime contracts for Work designed or specified by
CONSULTANT upon which the CONSULTANT's compensation has been
established under this Agreement is one.
D. (Modified) CONSULTANT's services under the Final Design Phase will be
considered complete on the date when the submittals required by paragraph
A1.02.A.6 have been delivered to and accepted by OWNER.
b. Section A1.03 of Exhibit A of the Agreement is hereby amended read as follows:
A1.03 Bidding or Negotiating Phase
First Amendment to the Agreement for Professional Services Page 4
A. After acceptance by OWNER of the Bidding Documents and the most
recent opinion of probable Construction Cost as determined in the Final
Design Phase, and upon written authorization by OWNER to proceed,
CONSULTANT shall:
1. Assist OWNER in advertising for and obtaining bids or negotiating
proposals for the Work.
2. Answer questions and issue Addenda as appropriate to clarify, correct,
or change the Bidding Documents.
3. Consult with OWNER as to the acceptability of subcontractors,
suppliers, and other individuals and entities proposed by Contractor for
those portions of the Work as to which such acceptability is required by
the Bidding Documents.
4. Perform or provide the following additional Bidding or Negotiating
Phase tasks or deliverables:
a. Develop a list of potential contractors, and
b. Provide reference letter for bid award.
S. (Modified) Attend the Mandatory Pre -Bid Conference and the Bid
opening, prepare Bid tabulation sheets, assemble contract documents,
assist OWNER in both evaluating Bids or proposals and awarding
contracts for the Work.
6. (Added) Assist in connection with Bid protests, rebidding, or re-
negotiating contracts for construction, materials, equipment, or services.
B. (Modified) The Bidding or Negotiating Phase will be considered complete
upon commencement of the Construction Phase.
C. Section A1.04 of Exhibit A of the Agreement is hereby amended read as follows:
A1.04 Construction Phase
A. Upon successful completion of the Bidding and Negotiating Phase, and
upon written authorization from OWNER, CONSULTANT shall:
1. General Administration of Construction Contract. Consult with
OWNER; transmit instructions to the CONTRACTOR; and act as
OWNER's representative as provided in the General Conditions. The
extent and limitations of the duties, responsibilities and authority of
CONSULTANT as assigned in said General Conditions shall not be
modified, except as CONSULTANT and OWNER may otherwise agree
in writing. All of OWNER's instructions to Contractor will be issued
First Amendment to the Agreement for Professional Services Page 5
through CONSULTANT, who shall have authority to act on behalf of
OWNER in dealings with Contractor to the extent provided in this
Agreement and said Oeneral Conditions except as otherwise provided in
writing. CONSULTANT shall attend on -site progress meetings as
requested by OWNER and maintain meeting minutes, on -site progress
photos and site conditions, as appropriate. CONSULTANT shall make
required submittals or assist the OWNER in making required submittals
as requested by the OWNER to governmental agencies having
jurisdiction over the Project, including, but not limited to, the
preparation of a TDLR application and response.
2. (Modified) Selecting Independent Testing Laboratory. Assist OWNER
in the selection of an independent testing laboratory to perform the
services identified in paragraph B2.01.0, if any.
3. Pre - Construction Conference. Participate in a Pre - Construction
Conference prior to commencement of Work at the Site.
4. Baselines and Benchmarks. As appropriate, establish baselines and
benchmarks for locating the Work which in CONSULTANT's
judgment are necessary to enable Contractor to proceed.
5. Visits to Site and Observation of Construction. In connection with
observations of Contractor's work in progress while it is in progress:
a. (Modified) Make visits to the Site at intervals appropriate to the
various stages of construction, appropriate to verify Contractor's
payment requests, and as CONSULTANT and/or OWNER deems
necessary, in order to observe as an experienced and qualified
design professional the progress and quality of the Work. Such
visits and observations by CONSULTANT, and the Resident Project
Representative, if any, are not intended to be exhaustive or to extend
to every aspect of Contractor's work in progress or to involve
detailed inspections of Contractor's work in progress beyond the
responsibilities specifically assigned to CONSULTANT in this
Agreement and the Contract Documents, but rather are to be limited
to spot checking, selective sampling, and similar methods of general
observation of the Work based on CONSULTANT's exercise of
professional judgment as assisted by the Resident Project
Representative, if any. Based on information obtained during such
visits and such observations, CONSULTANT will determine if
Contractor's work is proceeding in accordance with the Contract
Documents, and CONSULTANT shall keep OWNER informed of
the progress of the Work.
First Amendment to the Agreement for Professional Services, Page 6
b. (Modified) The purpose of CONSULTANT's visits to, and
representation by the Resident Project Representative, if any, at the
Site, will be to enable CONSULTANT to better carry out the duties
and responsibilities assigned to and undertaken by CONSULTANT
during the Construction Phase, and, in addition, by the exercise of
CONSULTANT's efforts as an experienced and qualified design
professional, to provide for OWNER a greater degree of confidence
that the completed Work will substantially conform to the Contract
Documents and that the integrity of the design concept of the
completed Project as a functioning whole as indicated in the
Contract Documents has been implemented and preserved by
Contractor. CONSULTANT shall not during such visits or as a
result of such observations of Contractor's work in progress,
supervise, direct, or have control over Contractor's work, nor shall
CONSULTANT have authority over or responsibility for the means,
methods, techniques, sequences, or procedures of construction
selected by Contractor, for safety precautions and programs incident
to Contractor's work, or for any failure of Contractor to comply with
Laws and Regulations applicable to Contractor's furnishing and
performing the Work. Accordingly, CONSULTANT neither
guarantees the performance of any Contractor nor assumes
responsibility for any Contractor's failure to fiamish and perform its
work in accordance with the Contract Documents.
6. (Modified) Defective Work. Recommend to OWNER that Contractor's
work be disapproved and rejected while it is in progress if, on the basis
of such observations, CONSULTANT believes that such work will not
produce a completed Project that substantially conforms to the Contract
Documents or that it will prejudice the integrity of the design concept of
the completed Project as a functioning whole as indicated in the
Contract Documents.
7. Clarifications and Interpretations; Field Orders. Issue necessary
clarifications and interpretations of the Contract Documents as
appropriate to the orderly completion of Contractor's work. Such
clarifications and interpretations will be consistent with the intent of and
reasonably inferable from the Contract Documents. CONSULTANT
may issue Field Orders authorizing minor variations from the
requirements of the Contract Documents.
8. Change Orders and Work Change Directives. Recommend Change
Orders and Work Change Directives to OWNER, as appropriate, and
prepare Change Orders and Work Change Directives as required.
9. Shop Drawings and Samples. Review and approve or take other
appropriate action in respect to Shop Drawings and Samples and other
First Amendment tQ the AA -ement for Professional Services Page 7
data which Contractor is required to submit, but only for conformance
with the information given in the Contract Documents and compatibility
with the design concept of the completed Project as a functioning whole
as indicated in the Contract Documents. Such reviews and approvals or
other action will not extend to means, methods, techniques, sequences
or procedures of construction or to safety precautions and programs
incident thereto. CONSULTANT has an obligation to meet any
Contractor's submittal schedule that has earlier been acceptable to
CONSULTANT.
10. Substitutes and "or- equal." Evaluate and determine the acceptability of
substitute or "or- equal" materials and equipment proposed by
Contractor, but subject to the provisions of paragraph A2.01 of this
Exhibit A.
11. Inspections and Tests. Require such special inspections or tests of
Contractor's work as deemed reasonably necessary, and receive and
review all certificates of inspections, tests, and approvals required by
Laws and Regulations or the Contract Documents. CONSULTANT's
review of such certificates will be for the purpose of determining that
the results certified indicate compliance with the Contract Documents
and will not constitute an independent evaluation that the content or
procedures of such inspections, tests, or approvals comply with the
requirements of the Contract Documents. CONSULTANT shall be
entitled to rely on the results of such tests.
12. (Modified) Disagreements between OWNER and Contractor. Render
formal written decisions on all claims of OWNER and Contractor
relating to the acceptability of Contractor's work or the interpretation of
the requirements of the Contract Documents pertaining to the execution
and progress of Contractor's work. In rendering such decisions,
CONSULTANT shall be fair and not show partiality to OWNER or
Contractor.
13. Applications for Payment. Based on CONSULTANT's observations as
an experienced and qualified design professional and on review of
Applications for Payment and accompanying supporting documentation:
a. Determine the amounts that CONSULTANT recommends
Contractor be paid. Such recommendations of payment will be in
writing and will constitute CONSULTANT's representation to
OWNER, based on such observations and review, that, to the best of
CONSULTANT "s knowledge, information and belief, Contractor's
work has progressed to the point indicated, the quality of such work
is substantially in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon
First Amendment to the Agreement for Professional Services. Page 8
Substantial Completion, to the results of any subsequent tests called
for in the Contract Documents and to any other qualifications stated
in the recommendation), and the conditions precedent to
Contractor's being entitled to such payment appear to have been
fulfilled in so far as it is CONSULTANT's responsibility to observe
Contractor's work. In the case of unit price work,
CONSULTANT's recommendations of payment will include final
determinations of quantities and classifications of Contractor's work
subject to any subsequent adjustments allowed by the Contract
Documents). The responsibilities of CONSULTANT contained in
paragraph A1.04.A.5.a are expressly subject to the limitations set
forth in paragraph A 1.04.A.5.b and other express or general
limitations in this Agreement and elsewhere.
b. By recommending any payment, CONSULTANT shall not thereby
be deemed to have represented that observations made by
CONSULTANT to check the quality or quantity of Contractor's
work as it is performed and furnished have been exhaustive,
extended to every aspect of Contractor's work in progress, or
involved detailed inspections of the Work beyond the
responsibilities specifically assigned to CONSULTANT in this
Agreement and the Contract Documents. Neither
CONSULTANT's review of Contractor's work for the purposes of
recommending payments nor CONSULTANT's recommendation of
any payment including final payment will impose on
CONSULTANT responsibility to supervise, direct, or control
Contractor's work in progress or for the means, methods,
techniques, sequences, or procedures of construction or safety
precautions or programs incident thereto, or Contractor's
compliance with Laws and Regulations applicable to Contractor's
furnishing and performing the Work. It will also not impose
responsibility on CONSULTANT to make any examination to
ascertain how or for what purposes Contractor has used the moneys
paid on account of the Contract Price, or to determine that title to
any portion of the work in progress, materials, or equipment has
passed to OWNER free and clear of any liens, claims, security
interests, or encumbrances, or that there may not be other matters at
issue between OWNER and Contractor that might affect the amount
that should be paid.
CONSULTANT will prepare schedule updates and activity reports
that will be submitted with monthly invoices.
14. Contractor's Completion Documents.
First Amendment to the Agreement for Professional Services, Page 9
a. (Modified) Receive and review maintenance and operating
instructions, schedules, and guarantees as prepared by the
Contractor in accordance with the Contract Documents.
CONSULTANT will compile this information as provided by
Contractor, and deliver three (3) copies of the same to OWNER.
b. (Modified) Receive bonds, certificates, or other evidence of
insurance not previously submitted and required by the Contract
Documents, certificates of inspection, tests and approvals, Shop
Drawings, Samples and other data approved as provided under
paragraph A1.04.A.9, and the annotated record documents which
are to be assembled by Contractor in accordance with the Contract
Documents to obtain final payment. The extent of such
CONSULTANT's review will be limited as provided in paragraph
A1.04.A.9.
c. CONSULTANT shall transmit these documents to OWNER within
thirty days of receipt of documents from Contractor.
d. (Added) Preparing and furnishing to OWNER Record Drawings
electronically in a format approved by the OWNER and on mylar
showing appropriate record information based on Project annotated
record documents received from Contractor.
15. Inspection. Promptly after notice from Contractor that Contractor
considers the entire Work ready for its intended use, in company with
OWNER and Contractor, conduct an inspection to determine if the
Work is complete. CONSULTANT shall prepare punch -lists as
necessary for the Work to achieve final completion.
16. Additional Tasks. Perform or provide the following additional
Construction Phase tasks or deliverables:
a. Provide assistance in connection with the testing and adjusting of
Project equipment or systems.
b. Assist OWNER in training OWNER's staff to operate and maintain
Project, equipment, and systems.
c. Assist OWNER in developing procedures for control of the
operation and maintenance of, and record keeping for Project
equipment and systems.
d. Together with OWNER, visit the Project to observe any apparent
defects in the Work, assist OWNER in consultations and discussions
with Contractor concerning correction of any such defects, and
First Amendment to the Agreement for Professional Services, Page 10
make recommendations as to replacement or correction of Defective
Work, if present.
17. (Modified) Final Notice of Acceptability of the Work. Conduct a final
inspection to determine if the completed Work of Contractor is
acceptable so that CONSULTANT may recommend, in writing, final
payment to Contractor. Accompanying the recommendation for final
payment, CONSULTANT shall also provide a notice in the form
attached hereto as Exhibit E (the "Notice of Acceptability of Work ")
that to the best of CONSULTANT's knowledge, information and belief
and upon the exercise of CONSULTANT'S due diligence, the Work is
acceptable and is in compliance with the Contract Documents.
B. Duration of Construction Phase. The Construction Phase will commence
with the execution of the first Construction Agreement for the Project or
any part thereof and will terminate upon final payment to Contractors. If
the Project involves more than one prime contract as indicated in paragraph
A1.02.C, Construction Phase services may be rendered at different times in
respect to the separate contracts.
C. Limitation of Responsibilities. CONSULTANT shall not be responsible for
the acts or omissions of any Contractor, or of any of its subcontractors,
suppliers, or of any other individual or entity performing or finnishing any
of the Work. CONSULTANT shall not be responsible for failure of any
Contractor to perform or finnish the Work in accordance with the Contract
Documents.
d. Section C4.01 of Exhibit C of the Agreement is hereby amended to read as
follows:
A. OWNER shall pay CONSULTANT for Basic Services set forth in
Exhibit A as follows:
1. (Modified) A cost not to exceed amount of $359,749.50, based
upon the rate schedule, which is attached as Appendix 1 of Exhibit
C and incorporated herein for all intents and purposes. This
amount does not include those CONSULTANT'S consultant's
charges as provided below in this article 4, Subparagraph C4.05, if
any, and will be distributed at the completion of each phase in the
following amount:
1. Preliminary Design . ..............................$ 152000.00
2. Final Design ............ ..............................$ 2581,562.00
3. Bidding/ Negotiating ..............................$ 171,237.50
5. Construction Phase .. ..............................$ 68,950.00
First Amendment to the Agreement for Professional Services Page 11
e. 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 $1000.00 for which the
CONSULTANT seeks reimbursement. Reimbursable Expenses shall
not exceed the following:
1. Preliminary Design .... ..............................$ 2,500.00
2. Final Design .............. ..............................$ 209000.00
f. Section C4.05 of Exhibit C of the Agreement is hereby amended to add Section
C4.05 to read as follows:
C4.05 For CONSULTANT's Consultant's Charges
A. (Modified) Whenever compensation to CONSULTANT herein is
stated to include charges of CONSULTANT'S Consultants, those
charges shall be the amounts billed by CONSULTANT'S Consultants
to CONSULTANT times a Factor of 1.10. The consultant charges
shall not exceed the amounts specified, which include the factor, for
each of the following services, unless approved in writing by the
OWNER:
Topographical Survey .......................... ......................$8,000.00
Re -plat of Site ........ ............................... ......................$4,000.00
GeotechnicalSurvey ............................. ......................$6,000.00
Structural................................... ............................... $402000.00
MEP...................... ............................... .....................$68,250.00
Landscape.................................. ............................... $152000.00
Data/Telephone Design Services ......... .....................$25,000.00
Audio Visual Design Services ............. .....................$15,000.00
Security Design Services ..................... .....................$15,000.00
g. Section C4.03.A.1 of Exhibit C of the Agreement is hereby amended to read as
follows:
C4.03 For Additional Services
A. OWNER shall pay CONSULTANT for Additional Services as
follows:
First Amendment to the Agreement for Professional Services Page 12
I. 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
Services shall not exceed the following and require the advanced
written authorization of the OWNER:
LEED Commissioning ................. .....................$35,000.00
LEED Design Services ................ .....................$40,000.00
FFE Design Assistance ................ .....................$20,000.00
Energy Model ............................... .....................$20,000.00
3. Interpretation. The provisions of this Amendment and the provisions of 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 Amendment and the provisions of
the Agreement, the provisions of this 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.
IN WITNESS WHEREOF, the parties 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 , 2014, the date of
execution by the City Manager.
PIERCE GOODWIN ALEXANDER &
LINVILLE, INC.
Signature)
Printed Name)
Title)
First Amendment to the Agreement fir Proessional Services, Page 13
CITY OF BAYTOWN
La
ATTEST:
LETICIA BRYCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
STATE OF TEXAS
ROBERT D. LEIPER, City Manager
COUNTY OF HARRIS §
Before ,eon this iay personally appeared LJ '- , in his
capacity as ly tf • piPtY of Pierce Goodwin Alexander & Linville, Inc., on
behalf of such corporafion,
t/ known tome;
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 L4 "-day of dJ 2014.
SHARON IANG
MY COMMISSION OGRES
Fohoy 19' 2a1 Notary Public in and o the State of Texas
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First Amendment to the Agreement for Professional Services, Page 14