Ordinance No. 10,258ORDINANCE NO. 10,258
® 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 THE SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH DE OPLOSSING, INC., FOR
CONSTRUCTION MANAGEMENT SERVICES FOR THE CONSTRUCTION OF
THE EMERGENCY OPERATIONS CENTER; AUTHORIZING ADDITIONAL
FUNDS IN AN AMOUNT NOT TO EXCEED THIRTY -TWO THOUSAND NINE
HUNDRED SEVENTEEN AND NO /100 DOLLARS ($32,917.00); 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 I: 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 Second Amendment to the
Professional Services Agreement with de Oplossing, Inc., for construction management services for the
construction of the Emergency Operations Center. A copy of said amendment 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 additional funds payable
to de Oplossing, Inc., in an amount not to exceed THIRTY -TWO THOUSAND NINE HUNDRED
SEVENTEEN AND NO /100 DOLLARS ($32,917.00) for professional services in accordance with the
contract.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00) 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.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 91-n day of February, 2006.
CALVIN MUNDINGER, Mayor
ATTEST:
, City Clerk
APPROVED AS 10 FORM:
®
4*c'e�'04'��'Qe
NACIO RAMIREZ, SR., City ttorney
RAKnrenTiles \City CounciROrdinances000AFebruary 9\ DeOplossingAmendmem4EOC.doc
® SECOND AMENDMENT
TO THE
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
DE OPLOSSING, INC.
El
STATE OF TEXAS 5
C
COUNTY OF HARRIS §
This Second Amendment ( "Second Amendment ") to that certain 'Professional Services
Agreement" between the City of Baytown and de Oplossing, Inc., authorized by the City
Council on April 8, 2004, is made by and between the same parties on the date hereinafter last
specified.
WITNESSETH:
WHEREAS, the City of Baytown (the "City ") and de Oplossing, Inc., ('Professional ")
did enter into a Professional Services Agreement, which was authorized by the City Council on
April 8, 2004, ( "Agreement ") to perform construction management services for the construction
of the Emergency Operations Center (the Project "); and
WHEREAS, because the construction management services performed by the
Professional are more extensive than originally contemplated, the City Council authorized the
First Amendment to the Agreement on May 26, 2005 ( "First Amendment "); and
WHEREAS, the construction management services performed by the Professional
continue to be more extensive due to the services made necessary because of the remedial
architectural and design services required for the Project; and
WHEREAS, the City desires Professional to continue performing services related to this
Project; and
WHEREAS, the City and Professional agree to amend the Agreement for the
continuation of construction management services. in accordance. with the Agreement with the
revised compensation as incorporated herein;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby mutually agree as follows:
EM9 A
Second Amendment to the AiZreement for Professional Services, Page !
• I.
0
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.
II.
Exhibit "A" as incorporated into the First Amendment and the Agreement shall be
replaced with 'Exhibit "A," which is attached hereto and incorporated herein for all intents and
purposes. Exhibits "B" and "D" as incorporated into the Agreement shall be replaced with
Exhibits "B" and "D" which are attached hereto and incorporated herein for all intents and
purposes.
III.
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 and/or the Agreement, the provisions of this Second
Amendment shall control. Nothing contained in this Second Amendment shall be construed in
any way to limit or to waive the City's sovereign immunity.
IN WITNESS WHEREOF, the parties hereto have executed this Second 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 February, 2006, the date of execution by the
City Manager.
DE OPLOSSING, INC.
(Signature)
(Printed Name)
(Title)
Second Amendment to the Agreement far Professional Services, Page 2
•
CITY OF BAYTOWN
II,
ATTEST:
KELVIN KNAUF, Interim City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
STATE OF TEXAS
COUNTY OF HARRIS
GARY JACKSON, City Manager
Before me on this day personally appeared , in his
capacity as of de Oplossing, Inc., on behalf of such corporation,
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 day of February, 2006.
Notary Public in and for the State of Texas
® RAKarenTiles \Engi nee ring \Engineering Agreements \de Oplossing, I nc\EOC\Seco ndA mend men t.doc
Second Amendment to the Agreement for Professional Services, Page 3
® EXHIBIT A
Compensation
•
Services required under this contract shall be a fee not to exceed EIGHTY -NINE
THOUSAND SIX HUNDRED EIGHTEEN AND N01100 DOLLARS ($89,618.00) based upon
time and materials at the standard hourly rate of NINETY -FIVE AND NO /100 DOLLARS
($95.00).
Exhibit "A," Page Solo
0 EXHIBIT B
REIMBURSABLE EXPENSES
•
All costs for reimbursable expenses shall be a fee not to exceed THREE THOUSAND NINE
HUNDRED FORTY -TWO AND NO / 100 DOLLARS ($3,942.00), based upon the actual cost to
the Professional for such expenses.
Exhibit "B," Page Solo
® EXHIBIT SCOPE OF WORK
The Professional shall perfornl construction management services for the Emergency Operations
Center and the Baytown Police Academy for and on behalf of the City:
Construction Phase
a. Construction Inspection and Surveillance
I. Ensure compliance with Specifications and Plans
ii. Examination of Project Performance
iii. Review Progress /Schedule Compliance
iv. Monitor Safety Protocol Compliance
v. Provide Project Photos
vi. Provide Weekly Report of Activities
b. Project Controls
i. Maintenance of Project Correspondence
ii. Monitor Requests for Information/Interpretation
ill. Documentation of Project Progress
iv. Review of Pay Requests
v. Review Schedule Updates
c. Change Order Review
I. Review Trade Contractors' Change Order Requests
ii. Coordinate Design Changes with Designer
iii. Determine Responsibility or Changed Conditions or Coordination Conflicts
iv. Review of Price and Schedule Changes
d. Remedial Design
I. Manage Remedial Architect and Design
ii. Field Test Remedial Design
iii. Negotiate C/O for Remedial Work and Remobilization
iv. Daily Supervise-and Document the Remedial Work
v. Document the Claim against Freese and Nichols, Inc., for Errors and
Omissions
e. Project Closeout
I. Monitor Completion of Punch List
ii. Check Warranty Closeout Documents
ill. Resolve Closeout Issues
iv. Review and Analyze Claims or Disputes
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 daily photos in a project binder, which will be delivered to the City upon
Project completion. Professional shall minimize travel costs by coordinating site visits
concerning Emergency Operations Center and the Baytown Police Academy Project.
Exhibit "D," Page Solo
SECOND AMENDMENT
TO THE
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
DE OPLOSSING,INC.
STATE OF TEXAS §
COUNTY OF HARRIS §
This Second Amendment ("Second Amendment") to that certain "Professional Services
Agreement" between the City of Baytown and de Oplossing, Inc., authorized by the City
Council on April 8, 2004, is made by and between the same parties on the date hereinafter last
specified.
WITNESSETH:
WHEREAS, the City of Baytown (the "City") and de Oplossing, Inc., ("Professional")
did enter into a Professional Services Agreement, which was authorized by the City Council on
April 8, 2004, ("Agreement") to perform construction management services for the construction
of the Emergency Operations Center(the Project");and
WHEREAS, because the construction management services performed by the
Professional are more extensive than originally contemplated, the City Council authorized the
First Amendment to the Agreement on May 26,2005 ("First Amendment");and
WHEREAS, the construction management services performed by the Professional
continue to be more extensive due to the services made necessary because of the remedial
architectural and design services required for the Project;and
WHEREAS, the City desires Professional to continue performing services related to this
Project;and
WHEREAS, the City and Professional agree to amend the Agreement for the
continuation of construction management services in accordance with the Agreement with the
revised compensation as incorporated herein;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained,the parties hereto do hereby mutually agree as follows:
Second Amendment to the Agreement for Professional Services,Page 1
I.
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.
II.
Exhibit "A" as incorporated into the First Amendment and the Agreement shall be
replaced with Exhibit "A," which is attached hereto and incorporated herein for all intents and
purposes. Exhibits "B" and "D" as incorporated into the Agreement shall be replaced with
Exhibits `B" and "D" which are attached hereto and incorporated herein for all intents and
purposes.
III.
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 and/or the Agreement, the provisions of this Second
Amendment shall control. Nothing contained in this Second Amendment shall be construed in
any way to limit or to waive the City's sovereign immunity.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment in
multiple copies, each of which shall be d9ctned to be an original, but all of which shall constitute
but one and the same amendment, thisk"day of February, 2006, the date of execution by the
City Manager.
DE OPLOSSING, INC.
yri< fit;&
(Signature)
(-) AA / f///22Z-"\-/
(Printed Name)
SIA%/76/t P cT I11FI(/2
(Title)
Second Amendment to the Agreement for Professional Services,Page 2
��,' eoP, TObyN-:
0 0.-'� .cc<`= CITY OF BAYTOWN
a;' AL-
�lf a: By:
GARY JA ON, City Manager
---- ..*-.Willr
r4
1111111104
LORRI COODY, City Clerk
APPROVED AS 0 FORM:
4_) e+IO RAMIREZ, SR., Attorney
STATE OF TEXAS §
§
COUNTY OF HARRIS §
Before me on this day personally appeared C. I9 K\ l• 1(le-Uk , in his
capacity as )10f clFtA Han* of de Oplossing, 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 1 "`day of February, 2006.
r a.7.1' KAREN L.HORNER u�J�/
#• . Notary Public State of Texas No Pu lic in and for the State of Texas
\iQ, Commission Expires May 9,2006
R:\Karen\F es ossmg,Inc\EOC\SecondAmendment.doc
Second Amendment to the Agreement for Professional Services,Page 3
EXHIBIT A
Compensation
Services required under this contract shall be a fee not to exceed EIGHTY-NINE
THOUSAND SIX HUNDRED EIGHTEEN AND NO/l00 DOLLARS ($89,618.00) based upon
time and materials at the standard hourly rate of NINETY-FIVE AND NO/100 DOLLARS
($95.00).
Exhibit"A,"Page Solo
EXHIBIT B
REIMBURSABLE EXPENSES
All costs for reimbursable expenses shall be a fee not to exceed THREE THOUSAND NINE
HUNDRED FORTY-TWO AND NO/100 DOLLARS ($3,942.00), based upon the actual cost to
the Professional for such expenses.
Exhibit"B,"Page Solo
EXHIBIT D
SCOPE OF WORK
The Professional shall perform construction management services for the Emergency Operations
Center and the Baytown Police Academy for and on behalf of the City:
Construction Phase
a. Construction Inspection and Surveillance
i. Ensure compliance with Specifications and Plans
ii. Examination of Project Performance
iii. Review Progress/Schedule Compliance
iv. Monitor Safety Protocol Compliance
v. Provide Project Photos
vi. Provide Weekly Report of Activities
b. Project Controls
i. Maintenance of Project Correspondence
ii. Monitor Requests for Information/Interpretation
iii. Documentation of Project Progress
iv. Review of Pay Requests
v. Review Schedule Updates
c. Change Order Review
i. Review Trade Contractors' Change Order Requests
ii. Coordinate Design Changes with Designer
iii. Determine Responsibility or Changed Conditions or Coordination Conflicts
iv. Review of Price and Schedule Changes
d. Remedial Design
i. Manage Remedial Architect and Design
ii. Field Test Remedial Design
iii. Negotiate C/O for Remedial Work and Remobilization
iv. Daily Supervise and Document the Remedial Work
v. Document the Claim against Freese and Nichols, Inc., for Errors and
Omissions
e. Project Closeout
i. Monitor Completion of Punch List
ii. Check Warranty Closeout Documents
iii. Resolve Closeout Issues
iv. Review and Analyze Claims or Disputes
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 daily photos in a project binder, which will be delivered to the City upon
Project completion. Professional shall minimize travel costs by coordinating site visits
concerning Emergency Operations Center and the Baytown Police Academy Project.
Exhibit"D,"Page Solo
Baytown EOC /PA addition services budget 1.12.06
Hours currently overrun from original contract,
due to all the architectural issues
(including the EOC wall leaks)that were never
anticipated in the original proposal. 150
Hours to manage remedial architect and design 30
Hours to manage remedial MEP evaluation and design 20
Field test remedial design 16
Hours to negotiate C/O for remedial work and remobilization 10
Hours to daily supervise and document the remedial work 4 per day x 20 days= 80
Hours to document the claim against F/N for Errors and Omissions 24
Total .. 180
180 hours x $95.00= $17,100.00
Current hours 150 x$95.00=... $14,250.00
Total Hourly $31,350.00
Reimbursables.. 5%_ ..$1,567.00
TOTAL $32,917.00