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Ordinance No. 13,882ORDINANCE NO. 13,882 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH BROADDUS & ASSOCIATES, INC., FOR INDEPENDENT REPRESENTATIVE SERVICES FOR THE BAYTOWN HOTEL/CONVENTION CENTER PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SIXTY-TWO THOUSAND FIVE HUNDRED SEVENTY AND NO/100 DOLLARS ($262,570.00); 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 a Professional Services Agreement with Broaddus & Associates, Inc., for independent representative services for the Baytown Hotel/Convention Center Project. A copy of the agreement 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 Broaddus & Associates, Inc., in an amount not to exceed TWO HUNDRED SIXTY-TWO THOUSAND FIVE HUNDRED SEVENTY AND NO/100 DOLLARS ($262,570.00) for professional 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 N0/100 DOLLARS ($50,000.00) or less, provided that the amount authorized in Section 2 hereof may not be increasedrbore than twenty-five percent (25%). INTRODUCED, READ, and PASSED by the affirmative vot oe City Council of the City of Baytown, this the 270' day of September, 2018. i A ST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: 9� 14�1� ACIO RAMIREZ, SR., Cit3ottomey RAKarenTiles\City Council.Ordinances\2018',.September 27'•.BroaddusPSA.doc , Mayor Exhibit "A" AGREEMENT FOR PROFESSIONAL SERVICES STATE OF TEXAS } COUNTY OF HARRIS This Agreement (this "Agreement") entered into by and between Broaddus & Associates. Inc.. (hereinafter "the Professional") and the City of Baytown, a home -rule municipality located in Harris and Chambers Counties, Texas (the "City"). 1. Scope of Services/Professional Fees The City has contracted with a single entity to provide both design and construction services for the construction of convention center and hotel (tile "Project"). The Project entails the design and construction of a coordinated unified development consisting of three components: (1) public, city -owned meeting, ballroom and convention center facilities, common areas and related infrastructure including furniture, fixtures, and equipment associated with such facilities (collectively the "City Facilities" or the "City Facilities Component"), (2) an upscale, multistory 200 -room minimum, full-service hotel (tile "Hotel" or "Hotel Component"), and (3) a City - owned surface parking lot with approximately 324 public parking spaces, together with the adjoining 1.92 acre marina parking site of approximately 230 spaces (which is subject to an existing parking agreement), collectively described as "Parking Facilities." The Project will be located upon the real property commonly known as Bayland Island (the "Site"). The services to design and construct the Project and each of its components are set forth in two separate design - build agreements: one for the City Facilities and Parking Facilities Components and another for the Hotel Component. Pursuant to Section 2269.305 of the Texas Government Code, the City has selected the Professional, which is independent of the design -build firm, to act as the representative of the City and the Baytown Municipal Development District for the duration of the Project. The compensation for Professional shall be on the basis described in Exhibit "A." Professional's compensation and reimbursable expenses shall not exceed TWO HUNDRED SIXTY-TWO THOUSAND FIVE HUNDRED SEVENTY AND NO/100 DOLLARS ($262,570.00). The time schedule is attached as Exhibit `B." The scope of the work is as detailed in Exhibit "C." Each of these Exhibits "A" through "C" is incorporated into this Agreement by reference for all purposes. 2. Progress Reports Professional shall provide written progress reports to the City regarding the Project and oral reports as requested. Such progress reports shall identify the projected time and cost required by the Professional to complete the remaining phases of the Project required under this Agreement. 3. Personnel of the Professional a. Professional's Project Manager Professional shall designate Sam A. Sprouse, P.E., M.B.A, to serve as Project Manager for the services performed under this Agreement. Any change of Project Manager shall require thirty days' advance written approval from the City's Representative. The Project Manager may delegate portions of the Work to another employee of the Professional. b. Licensed and Registered Engineers/Architects Professional shall keep a full-time registered engineer licensed in the state of Texas on staff and assigned to the Project for the duration of the Project. C. Data on Professional's Employees Prior to commencement of the services required herein, Professional shall forward to the City a detailed resume of the personnel that will be assigned to the Project. Such personnel shall include, but not be limited to, engineers and architects. d. Rejection of Professional's Employees The City reserves the right to approve or reject from the Project any employees of the Professional. 4. Designation and Duties of the City's Representative a. The City's Director of Engineering or his/her designee shall act as the City's Representative. b. The City's Representative shall use his/her best efforts to provide nonconfidential City records for Professional's usage on the Project and to provide access to City's property and easements. However, the City does not guarantee the accuracy or correctness of the documents so provided. Nothing contained herein shall be construed to require the City to provide such records in any certain format. The format in which the existing data and documentation will be provided shall be at the sole discretion of the City. S, Standards of Performance a. The Professional shall perform all services under this Agreement with the care and skill ordinarily used by members of Professional's profession practicing under the same or similar circumstances, time and locality. Professional shall be responsible for the technical accuracy of its services and documents resulting therefrom, and the City shall not be responsible for discovering deficiencies therein. Professional shall correct such deficiencies without additional compensation. b. Codes and Standards (1) All references to codes, standards, environmental regulations and/or material specifications shall be to the latest revision, including all effective supplements or addenda thereto, as of the date that the Build Agreements are signed by all of the parties. (2) Professional agrees the services it provides as an experienced and qualified professional will reflect the professional standards, procedures and perfonnances common in the industry for this Project. Professional fttrther agrees that any analysis, reports, preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel and the performance of other services under this contract will be pursuant to the standard of performance common in the profession. (3) Professional shall promptly correct any defective analysis caused by Professional at no cost to City. The City's approval, acceptance, use of or payment for all or any part of Professional's services hereunder or of the Project itself shall in no way alter Professional's obligations or the City's rights under this Agreement. 6. Schedule Professional shall not proceed with the performance of any services until written notice to proceed is provided by the City's Representative, 7. Instruments of Service Upon execution of this Agreement, Professional grants to the City an ownership interest in the Instruments of Service. Professional shall obtain similar interests from the City and Professional's consultants consistent with this Agreement. As noted in Articles 5 and 11, Professional shall be required to tender to City all Instruments of Service. With such ownership interest, it is expressly understood by the parties hereto that the City may use the Instruments of Service for any purposes which the City sees fit. Provided that this Agreement is not terminated for cause by the City, the City shall release any and all claims which the City could make arising out of or in connection with any reuse of the documents by the City. S. insurance Professional shall procure and maintain at its sole cost and expense for the duration of the Agreement, insurance against claims for injuries to person or damages to property which may arise from or in connection with the perforrrrancc of the services hereunder by Professional, its agents, representatives, volunteers, employees or subconsultants. a. Professional's insurance coverage shall be primary insurance with respect to the City, its officials, employees and agents. Any insurance or self-insurance maintained by the City, its officials, employees or agents shall be considered in excess of Professional's insurance and shall not contribute to it. Further, Professional shall include all subconsultants, agents and assigns as additional insureds under its policy or shall furnish separate certificates and endorsements for each such person or entity. All coverages for subconsultants and assigns shall be subject to all of the requirements stated herein. The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement; I . Commercial General Liability ■ General Aggregate: $2,000,000 ■ Products & Completed Operations Aggregate: $1,000,000 ■ Personal & Advertising Injury: $1,000,000 ■ Per Occurrence: $1,000,000 ■ Coverage shall be broad form CGL. ■ No coverage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance. 2. Business Automobile Policy ■ Combined Single Limits: $1,000,000 ■ Coverage for "Any Auto" 3. Errors and Omissions ■ Limit: $1,000,000 for this project ■ Claims -made form is acceptable IN Coverage will be in force for one (1) year after construction of the Project is completed. 4. Workers' Compensation ■ Statutory Limits ■ Employer's Liability $1,000,000 ■ Waiver of Subrogation required. b. Tile following shall be applicable to all policies of insurance required herein: insurance carrier for all liability policies must have an A.M. Best Rating of A -:VIII or better. 2. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. 3. Liability policies must be on occurrence ibrm. Errors and Omissions can be on claims -made form. 4. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. The City, its officers, agents and employees are to be added as Additional insureds to all liability policies, with the exception of the Errors and Omissions Policy and the Worker's Compensation Policy required herein. 4 6. Upon request and without cost to the City, certified copies of all insurance polices and/or certificates of insurance shall be furnished to the City. 7. Upon request and without cost to the City, loss runs (claims listing) of any and/or all insurance coverages shall be furnished to the City. 8. All insurance required herein shall be secured and maintained in a company or companies satisfactory to the City, and shall be carried in the name of Professional. Professional shall provide copies of insurance policies required hereunder to the City on or before the effective date of this Agreement. 9. indemnification and Release PROFESSIONAL AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY AND THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, THEIR RESPECTIVE OFFICERS, AGENTS, AND EMPLOYEES (HEREAFTER REFERRED TO AS "OWNER") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE PROFESSIONAL OR THE PROFESSIONAL'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE PROFESSIONAL EXERCISES CONTROL (COLLECTIVELY PROFESSIONAL'S PARTIES). IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH PROFESSIONAL AND OWNER, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY PROFESSIONAL TO INDEMNIFY AND PROTECT OWNER FROM THE CONSEQUENCES OF PROFESSIONAL'S PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE, AS WELL AS THE PROFESSIONAL'S PARTIES' INTENTIONAL TORTS, INTELLECTUAL PROPERTY INFRINGEMENTS, AND 5 FAILURES TO MARIE PAYMENTS ARISING OUT OF OR iN CONNECTION WITH THIS AGREEMENT. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF ANY PERSON OTHER THAN THE PROFESSIONAL'S PARTIES. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE OWNER FROM WHICH THE OWNER IS INDEMNIFIED, PROFESSIONAL FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE OWNER. THE INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS AGREEMENT. By this Agreement, 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 Contract or any other contract or agreement, any charter, or applicable state law. Nothing herein shall be construed so as to limit or waive the City's sovereign immunity. Professional assumes full responsibility for its work performed hereunder and hereby releases, relinquishes and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with Professional's work to be performed hereunder. This release shall apply with respect to Professional's work regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. 10. Subcontractors and Subconsultants Professional shall receive written approval of the City's Representative prior to the use of any subcontractors or Subconsultants. A copy of all proposed contracts with Subconsultants and/or subcontractors shall be given to the City before execution of such contracts. 11. Termination of Professional The City and/or the Professional, besides all other rights or remedies it may have, shall have the right to terminate this Agreement without cause upon thirty (30) days' written notice to the other party. Furthermore, the City may immediately and without notice terminate this Agreement if Professional breaches this Agreement. A breach of this Agreement shall include, but not be limited to, the following: 6 (a) failing to pay insurance premiums, liens, claims or other charges; (b) failing to pay any payments due the city, state, or federal government from Professional or its principals, including, but not limited to, any taxes, fees, assessments, liens, or any payments identified in this Agreement; (c) the institution of voluntary or involuntary bankruptcy proceeding against Professional; (d) the dissolution of Professional; (e) refusing or failing to prosecute the services required herein or any separable part, with the diligence that will ensure its completion within the time specified in this Agreement; (f) failing to complete the services required herein within the time period specified in this Agreement; and/or (g) the violation of any provision of this Agreement. Upon delivery of any notice of termination required herein, Professional shall discontinue all services in connection with the performance of the Agreement. Within ten (10) days after receipt of the notice of termination, Professional shall submit a final statement showing in detail the services satisfactorily performed and accepted and all other appropriate documentation required herein for payment of services. At the same time that the final statement is tendered to the City, Professional shall also tender all of Professional's work product, whether complete or not, in an acceptable form and format to the City's Representative. No final payment will be made until all work product is so tendered. If this Agreement is terminated for cause, Professional shall be liable for any damage to the City resulting therefrom. This liability includes any increased costs incurred by the City in completing Professional's work. The rights and remedies of the City in this section are in addition to any other rights and remedies provided by law or under this Agreement. 12. Records Within ten 00) days of the City's request and at no cost to the City, the City will be entitled to review and receive a copy of all documents that indicate work on the project that is the subject of this Agreement, 13. Supervision of Professional Professional is an independent contractor and the City neither reserves nor possesses any right to control the details of the services performed by Professional under the terms of this Agreement. 14. Billing Professional shall prepare invoices in accordance with the City's standard processing practices and shall submit them to the City, unless otherwise agreed. Professional shall supply detailed back-up information along with each invoice in order for the City to effectively evaluate the fees and charges. The amount billed in each invoice will be calculated as set forth in Exhibit "A." Tnvoices shall be received by the City not later than sixty (60) calendar days from the date the Professional and/or its subconsultants perform the services or incur the expense. Failure by Professional to comply with the requirements herein in a timely manner with this requirement shall result in the Professional's invoice being denied, and the City shall not be liable foi payment of the same. The City shall have thirty (30) days to pay Professional's invoices fi•om the date of receipt of such invoices. in the event of a disputed or contested invoice, the parties understand and agree that the City may withhold the portion so contested, but the undisputed portion will be paid. 15. indebtedness. if Professional, at any time during the term of this agreement, incurs a "debt." as defined in section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately notify the City's Director of Finance in writing. if the City's Director of Finance becomes aware that the Professional has incurred a debt, the City's Director of Finance shall immediately notify the Professional in writing. If the Professional does not pay the debt within thirty (30) days of either such notification, the City's Director of Finance may deduct funds in an amount equal to the debt from any payments owed to the Professional under this Agreement, and the Professional waives any recourse therefor. 16. Reputation in the Community Professional shall retain a high reputation in the community for providing professional engineering, architectural and testing services. 17. Payroll and Basic Records a. Professional shall maintain payroll and basic payroll records during the course of the Project and shall preserve them for a period of three years from the completion of the Project called for under this Agreement for all personnel working on the Project. Such records shall contain the name and address of each such employee, social security number, correct classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions made and actual wages paid. b. Professional shall make the records required to be maintained under the preceding subsection (a) of this section available at no cost to the City for inspection, copying or transcription or its authorized representatives within fifteen (15) calendar days of the City's request therefor. Professional shall permit such representatives to interview Professional's employees during working hours on the job. 18. Governing Law This Agreement has been made under and shall be governed by the laws of the state of Texas. The parties further agree that performance and all matters related thereto shall be in Harris County, Texas. 19. Notices Unless otherwise provided in this Agreement, any notice provided for or permitted to be given must be in writing and delivered in person or by depositing same in the United States mail, postpaid and registered or certified, and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party. Notice deposited in the mail as described above shall be conclusively deemed to be effective, unless othenvise stated in this Agreement, from and after the expiration of three (3) days after it is so deposited. For the purpose of notice, the addresses of the parties shall be as follows unless properly changed as provided for herein below: For the City: For the Professional: CITY OF BAYTOWN Attn: City Manager P. O. Box 424 Baytown, Texas 77522-0424 FAX: 281-420-6586 13ROADDUS & ASSOCIATES, INC. Attn: Sam A. Sprouse, Vice President 24 E. Greenway PlaTa, Suite 1203 Houston, Texas 77046 FAX: 713-960-9399 Each party shall have the right from time to time at any time to change its respective address, and each shall have the right to specify a new address, provided that at least fifteen (15) days' written notice is given of such new address to the other party. 20. No Third -Party Beneficiary This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit Professional and the City only. 21. No Right to Arbitration Notwithstanding anything to the contrary contained in this Agreement, the City and Professional hereby agree that no claim or dispute between the City and Professional arising out of or relating to this Agreement shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, Professional consents to be joined in the arbitration proceeding if Professional's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. 22. Waiver No waiver by either party to this Agreement of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 9 23. Complete Agreement This Agreement represents the entire and integrated agreement between the City and Professional in regard to the subject matter hereof and supersedes all prior negotiations, representations or agreements, whether written or oral, on the subject matter hereof. This Agreement may only be amended by written instrument approved and executed by both of the parties. The City and Professional accept and agree to these terms. 24. No Assignment Professional may not sell or assign all or part interest in the Agreement to another party or parties without the prior express written approval of the City Manager of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City. 25. Headings The headings used in this Agreement are for general reference only and do not have special significance. 26. Severability All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 27. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 28. Authority The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. iN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the _ day of September, 2018, the date of execution by the City Manager of the City of Baytown. ATTEST: LETICiA BRYSCH. City Clerk E CiTY OF BAYTOWN RICHARD L. DAVIS, City Manager APPROVED AS TO FORM; IGNACIO RAMIREZ, SR., City Attorney Samuel A. Sprouse, PE, MBA (Printed Name) Vice President / Houston Area Manager (Title) STATE OF TEXAS COUNTY OF HARRIS Before me n this day qrs Wally appeared Sam 1, A his/her capacity as 03- �� �de� of Broaddus & Associates, Inc., on behalf of such company, known to me; _ proved to me on the oath of ; or _ proved to me through his/her cut7ent Rias , iN p hs U SI,1' -k - '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/she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me thi of ep ember, 2018. HEATHER BUCHARSKI 1 e State of Texas -Notary Public, State of Texas =�. "= Comm. Expires 05-30-2021 Notary ID 13115516-8 cohfa l Icgul Karen Niles Engineering Hngineering Agreements f3muticssAgreemmit.tim EXHIBIT A Compensation Basic Services Basic Services, including reimbursable expenses, required under this contract shall be a fee not to exceed TWO HUNDRED SIXTY-TWO THOUSAND FIVE HUNDRED SEVENTY AND NO/ 100 DOLLARS ($262,570.00) for the Project based upon the following: Task Description Cost Not To $190.00 Construction Administrator Exceed Civil/Structural Design Phase MPE $190.00 Review/comment on conceptual elevations, site plans and floor $190.00 Administration plans 1 Review/comment on proposed standards for maintenance $ 16.860.00 Review/comment on 5D submittal and budget Review/Comment on DD submittal and budget Review/Comment on Final Design & Budget Rid Phase 2 Rcvicw/comment on detailed GMP's provided by D/B Contractor $ 11,660.00 Assist in value engineering to obtain project within Budget Construction Phase Review/comment on all inspection reports Construction Administrator site observation visits Attend progress meetings 3 Review monthly developer reports $217,330.00 Rcvicw/approve change order or other budget reallocations Assist in development of Punch -list and back check Review/approve date for certificate of substantial completion Revic/approve date for certificate of final completion Project Close Out 4 Review close-out documents for completeness $16,720.00 Assist with warranty issues Total $262,570.00 Fee Schedule Firm Principal $ -- Architects/Engineers $190.00 Construction Administrator $190.00 Civil/Structural $190.00 MPE $190.00 andscaping/Interior Designer $190.00 Administration $65.00 Reimbursable Schedule Reimbursable expenses shall include costs for incidental items such as parking, mileage, deliveries, and copies. Such expenses will be invoiced to the City at the Professional's direct cost plus 10%, except that mileage will be invoiced at the IRS rate. Additionally, expenses associated with transportation, including, but not limited to, mcals, travel, and lodging, must be approved in writing by the City prior to the Professional incurring any expense associated therewith, otherwise, the parties hereto agree and understand that the City shall not be liable and the Professional shall not make a claim against the City for any such expenses. Additional Services Professional will perform additional set -vices, if any, at a price agreed upon by the parties in writing prior to the performance of such services. The City shall not be responsible or liable for any additional services performed by the Professional unless such additional services have been approved in writing prior to the performance of the same. EXHIBIT B Time Schedule The time schedule in which the Professional shall perform the services required in this Agreement is commensurate with the design and construction of the Baytown Convention Center and Hotel Projcct. EXHIBIT C Scope of Work The Professional shall perform construction management services for the Project: DESIGN PHASE o Review/comment on conceptual elevations, site plans and floor plans o Review/comment on proposed standards for maintenance o Review/comment on SD submittal and budget o Review/comment on DD Submittal and budget o Review/comment on Final Design & Budget BiD PHASE o Review/comment on detailed GMP's provided by DB Contractor o Assist Owner in any necessary "VE" to obtain project within budget CONSTRUCTION PHASE o Review/comment on all inspection reports o Provide Construction Administrator Services, including making weekly visits to the Site and recording observations o Attend two progress meetings per month o Review monthly developer reports o Review/approve Change Orders and other budget re -allocations o Assist in development of "punch list" and back check o Review/approve date for certificate of substantial completion o Review/approve date for certificate of final completion PROJECT CLOSE-OUT Review close-out documents for completeness Assist with warranty resolutions Professional shall provide bi-weekly reports of the progress of the Project and monthly status reports of all issues, schedule concerns and comments and shall maintain all project documents and photos in a project binder, which will be delivered to the City upon Project completion.