Ordinance No. 10,389OPI)INANCE NO, 10-389
AN CI 'Y C()UN(JL (ATY
AUT110RIZIPA] Aid) DIREC`FIN(`, THE cury MANAGER TO 1`,XEC1J'TL,' AND
THE CITY CLERK TO ATTEW TO ME THIRD Ai HINDMENT M THE,
PR0f-`F.',SS1(JNAL SI"RMCES AGREEMENT NVIII-1 DE 01"LX)SSING, INC., FOR
CONNTRUCTITA NAWAGERIEW SERVICES FCMT 'THE (,(,,)NSTRUCTJON OF
THE EMERGENCY OPERATIONS CENTER; MJ1110RIZING ADDHIONAL
F,U,N,1DS IN AN A,\/I(AJNT NOT TOMCEED "TIR)USAND FIVE
HUNDRED SEVENTY-ME AND N(X100 IMLLARS CS17,575.00y MAKING
OTHER PROVISIONS RELATED THERETO; AND PR(,,... VIIANIG FOR '"THE
EFFF,CTWE DAITTI-1kREOF.
* * ::4 * * * * * * 4, * * * * * * * * * * 4, � * * *: * : * * * * * * * v * *, 4, * "0 * * it :V: 1? * • * * as * * * 4: * * * * * * * * *, * * * * * * * * * * * * * * * * * * �* * '* * *
BE 11'ORDAINEI) BN'THE ("Al"N COUNCIL WI III CITY
Section L Th"m di c Civ�,,, Cfmincd of the City oT Baytown, 71'eus, hereby authorizes and
(hrects file (' ty Manager to excew and Te City Clef w atut to this TIM Amendiment to the
MWomil Swv�ices Agreement whh de QW&I Inc, lb r consvuetion nmmyemem smkcs Ir die
ccmstruclion ofthe Emergency Opem6mm Cemn A e(Vy of add amendment is anached hereto, marked
WORM: and nmde as part hereof f6r aI I intent,,;and
SmA&n 2: 11MI Te Chy CbwwH oft be Chy offlay,town authoWes WAWA Inds pa yab[c
to de Opiassing, Inc. in oil amount not to exceed SEVEN 'I'EEN 11101JISAND H%1�', r91jNDRt-,,.D
SEVENTY-11VF', A N I) NIMOO DOCLARS (S17,575,00) fcm- prof sskmal Services in accot-dance with
the Coma
SeNimn 3: That We (Ay Manager 1 hereby gmnWd gmwrd auTody to qTnwe as deamse
or ""m increase in costs by 'FWENTY-F1\/ f,. I H(AJS.AWD AND NO/100 DOLL-ARS ($25,000.0f,)) or less,
pmvided that We ainowt awhwind in Mon 2 haeWily not be inemasul by mcme than tweny-Ilve
percent (25%).
00ion 4: Ws (ndinance shuH We Mct imawchateo t•.mi and anu A psuge by die
C' i ty Co u ric i I cab I I le C i t) 0 r Rayl n,
INTRODUCED, RFAD and PASSED by the ainnnadve wugj ", the Qq, Coundl of the Gq/ of'
Baytown this the i0 "' &.), ofAU,,,1,WS.4, 20(Vw.
I I E
I E
T1111": : NC`i\RL0S, M,'iyor
My Ckwk
APPROVE,1) ASWO FORN1
-4
-017,NA00f�, ley
R: AMMMAMY C mad (MAMM."M% NY" &3,
THIRD AT1fENDMENT
TO THE
PROFESSIONAL SERVICES AGREEIV'IENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
DE OPLOSSING, INC.
STATE OF TEXAS §
COUNTY OF HARRIS §
This Third Amendment ( "Third 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 constriction
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 the Second
Amendment to the Agreement on February 9. 2006; 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 the disputes among the parties; and
WHEREAS, the City desires Professional to continue performing services related to this
Project and to provide certain pre - litigation services; and
WHEREAS, the City and Professional agree to amend the Agreement in accordance with
this Amendment with the revised scope and 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:
Third Amendment to the Agreement for Professional Services Pagel
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.
Exhibits "A" and "D" as incorporated into the Second Amendment and the Agreement
shall be replaced with Exhibits "A" and "D," which is attached hereto and incorporated herein
for all intents and purposes.
11
The provisions of this Third Amendment and the provisions of the Second Amendment,
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 Third
Amendment and the provisions of the Second Amendment, the First Amendment and/or the
Agreement, the provisions of this Third Amendment shall control. Nothing contained in this
Third 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 Third 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 August, 2006, the date of execution by the
City Manager.
DE OPLOSSING, INC.
(Signature)
(Printed Name)
(Title)
Third Amendment to the Agreement for Professional Services, Page 2
CITY OF BAYTOWN
By:
ATTEST:
LORRI COODY, 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
known to me;
of de Oplossing, Inc., on behalf of such corporation,
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 August, 2006.
Notary Public in and for the State of Texas
R:\ Karen \Files \Engineering\Engineering AgreementsWe Oplossing, IncTOOThirdAmendment.doe
Third Amendment to the Agreement for Professional Services, Page 3
EXHIBIT A
Compensation
Services required under this contract shall be a fee not to exceed ONE HUNDRED
SEVEN THOUSAND ONE HUNDRED NINETY -THREE AND NO /100 DOLLARS
(5107,193.00) based upon time and materials at the standard hourly rate of NINETY -FIVE AND
NO /100 DOLLARS ($95.00).
Exhibit "A," Page Solo
EXHIBIT 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
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
Remedial Design
i. Manage Remedial Architect and Design
ii. Field Test Remedial Design
iii. Negotiate C/O for Remedial Work and Remobi I ization
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
f. Litigation Preparation
i. Assist in the hiring of consulting experts for any certificates of merit required for
filing suit by the Texas Property Code:
ii. Assist in providing analysis and making strategy recommendations for potential
recovery by the City.
Professional shall provide 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
THIRD AMENDMENT
TO THE
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
DE OPLOSSING,INC.
STATE OF TEXAS §
COUNTY OF HARRIS §
This Third Amendment ("Third 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 the Second
Amendment to the Agreement on February 9, 2006;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 the disputes among the parties;and
WHEREAS, the City desires Professional to continue performing services related to this
Project and to provide certain pre-litigation services; and
WHEREAS,the City and Professional agree to amend the Agreement in accordance with
this Amendment with the revised scope and 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:
Third Amendment to the Agreement for Professional Services,Page 1
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.
Exhibits "A" and "D" as incorporated into the Second Amendment and the Agreement
shall be replaced with Exhibits "A" and "D," which is attached hereto and incorporated herein
for all intents and purposes.
III.
The provisions of this Third Amendment and the provisions of the Second Amendment,
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 Third
Amendment and the provisions of the Second Amendment, the First Amendment and/or the
Agreement, the provisions of this Third Amendment shall control. Nothing contained in this
Third 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 Third 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 /S day of August, 2006, the date of execution by the
City Manager.
DE OPLOSSING, INC.
(Signature)
(Printed Name)
c
oJ c.i i.JGI nJ1 F-
(Title)
Third Amendment to the Agreement for Professional Services,Page 2
CITY OF BAYTOWN
By:
GARY JA ON, City Manager
ATTEST:
F .•
DEBRA BRENT, Asst. City Clerk ' O:• .• �: +�
APPROVED AS TO FORM: II'41�0%•'••..,,,,,,•. :'
t,11% * *_
deEll&at
114"
ACIO RAMIREZ, S ty Attorney
STATE OF TEXAS §
COUNTY OF HARRIS §
Be me on this da personally appeared CbQ,f o.11C Q�111 Q_r.� , in his
capacity ass cc)a4' j yrp or 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.
SUBS: .' .-.1 t a *efore me this N ay of August, 2006.
JEANENE R.YOUNG
. Notary Pubic,Stab,d Texas
L 4 . Commission Expires Dec.7,2038
N ry Publi in and for the of Te as
R:1Karen\Files\Engineering\Engineering Agreements de Oplossing,Inc 1EOC\ThirdAmendment.doc
Third Amendment to the Agreement for Professional Services,Page 3
EXHIBIT A
Compensation
Services required under this contract shall be a fee not to exceed ONE HUNDRED
SEVEN THOUSAND ONE HUNDRED NINETY-THREE AND NO/100 DOLLARS
($107,193.00) based upon time and materials at the standard hourly rate of NINETY-FIVE AND
NO/100 DOLLARS ($95.00).
Exhibit"A,"Page Solo
EXHIBIT 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:
1. 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
f. Litigation Preparation
i. Assist in the hiring of consulting experts for any certificates of merit required for
filing suit by the Texas Property Code;
ii. Assist in providing analysis and making strategy recommendations for potential
recovery by the City.
Professional shall provide 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